Tuvalu 1986 Constitution (reviewed 2010) - Page 9 of 17

Table of Contents

PART VI. PARLIAMENT AND LAW-MAKING

DIVISION 1. PARLIAMENT

81. Establishment of Parliament

A Parliament is established for Tuvalu.

82. Composition of Parliament

Subject to subsection (3), Parliament shall consist of such number of members as is fixed by or under an Act of Parliament and a Bill for an Act to amend the number of members so fixed shall not be passed by Parliament unless it is supported at its Third Reading by the votes of not less than two-thirds of the members of Parliament.
The members shall be directly elected in accordance with this Constitution and, subject to this Constitution, in accordance with an Act of Parliament.
The number of members of Parliament shall not be less than twelve.
For the purpose of the election of the members of Parliament, electoral districts shall be established, having-
1. such boundaries; and
2. such number of elected representatives,as are prescribed by or under an Act of Parliament.
Nothing in this Constitution prevents an Act of Parliament from making special provision for the representation of a part of Tuvalu with special electoral problems, or related problems.

83. Principles of electoral apportionment

This section does not affect the operation of section 82(5) (which relates to special electoral provisions for particular parts of Tuvalu).
Subject to subsection (1), a Bill for an Act for the purposes of section 82 (composition of Parliament) shall, so far as practicable, be based on the principle that each member of Parliament should represent approximately the same number of electors, but in the circumstances of Tuvalu account must also be taken of-
1. geographical features; and
2. interests or relationships of any kind that various areas-
  1. may have in common; or
  2. may not have in common; and
3. the boundaries of existing administrative and traditional areas; and
4. means of communication; and
5. density and mobility of population; and
6. such other factors as are prescribed by an Act of Parliament for the purpose.

DIVISION 2. THE LAW-MAKING POWER

84. Vesting of the law-making power

Subject to this Constitution, Parliament may make laws, not inconsistent with this Constitution, including-

laws having effect outside Tuvalu; and
laws having retrospective effect; and
laws providing for all matters that are necessary or convenient to be prescribed-
1. for carrying out or giving effect to this Constitution; or
2. for defining or detailing, or for further defining or detailing, any matter in this Constitution.

85. Delegated legislation

Acts of Parliament may provide-

for the delegation to any person or authority other than Parliament of power to make regulations and other subsidiary laws; and
for the control of the use of any power delegated under paragraph (a), whether-
1. by means of a requirement of approval; or
2. by means of a power to disallow,

or in some other prescribed way.

86. Manner of exercise of the law-making power

The power of Parliament to make laws shall be exercised by means of Bills passed, in accordance with section 111 (procedure on Bills, etc.), by Parliament and assented to by the Head of State.
When a Bill is presented to the Head of State for assent the Head of State shall promptly assent to it.
A Bill that has been assented to is an Act of Parliament.

DIVISION 3. MEMBERSHIP OF PARLIAMENT

87. Nature of elections

Members of Parliament shall be elected under a system of universal, citizen, adult suffrage, in accordance with this Constitution and any law made for the purposes of section 89 (electoral laws).
All contested elections of members of Parliament shall be held by secret ballot.
The provisions of subsection (2) shall not be considered to be contravened by a law that makes reasonable provision for assistance in voting to be given, on request, to any person.

88. Holding of elections

There shall be a general election to be held after one month but not later than three months after every dissolution of Parliament.
There shall be a bye-election as soon as practicable after-
1. the occurrence of any casual vacancy in the membership of Parliament; or
2. an Act of Parliament has been enacted to increase the number of members of Parliament.

89. Electoral laws

Subject to this Constitution, an Act of Parliament may make provision for and in relation to Parliamentary elections.
An Act of Parliament shall make provision for safeguarding the integrity of Parliamentary elections, especially in circumstances to which section 87(3) (special provisions for certain voters) applies.

Subdivision B. Electors

90. Right to vote

Subject to the succeeding provisions of this section, any person who is registered under an Act of Parliament as an elector for Parliamentary elections in an electoral district is entitled to vote, in such manner as is prescribed, in an election of a member of Parliament for that district.
An Act of Parliament may prohibit a person from voting in an election if-
1. he is an electoral officer within the meaning of the Act; or
2. he has been involved in the commission of an offence in connection with an election.
A person is not entitled to vote in an election if-
1. throughout the hours and on the date or dates fixed for the polling he is under arrest or in prison; or
2. except as prescribed, he is for any reason unable to attend in person at the place and time fixed for the polling.
A person is not entitled to vote in an election of a member of Parliament for an electoral district if he is not registered as an elector for Parliamentary elections in that district.

91. Qualifications for registration

Subject to section 92 (disqualification from registration), a person is entitled to be registered as an elector in Parliamentary elections if, and is not entitled to be registered as such an elector unless-
1. he is a citizen of Tuvalu; and
2. he has attained the age of 18 years; and
3. he satisfies such other requirements (whether as to residence or otherwise) as are prescribed.
A person is not entitled to be registered as an elector in Parliamentary elections in more than one electoral district at the same time.

92. Disqualification from registration

A person is not entitled to be registered as an elector in Parliamentary elections if-
1. subject to section 102 (calculation of sentences) and to subsection (2), he has been sentenced by a court in a Commonwealth country to death or to imprisonment (by whatever name called) for a term exceeding 12 months, and has not received a free pardon; or
2. he is certified to be insane, or otherwise adjudged to be of unsound mind, under an Act of Parliament; or
3. he is disqualified, under an Act of Parliament relating to offences in connection with elections, from being registered as an elector in Parliamentary elections.
Subsection (1)(a) does not apply if-
1. on appeal or review-
  1. the conviction is overthrown; or
  2. the sentence is reduced to a sentence of imprisonment for a term not exceeding 12 months, or to some other penalty; or
2. in the case of a sentence of imprisonment (whether it was the original sentence or was substituted on appeal or review) – three years have elapsed since the end of the imprisonment.

Subdivision C. Candidates

93. Candidature

A candidate for election to Parliament must be-
1. qualified for election as a member of Parliament; and
2. nominated in accordance with an Act of Parliament.
A member of Parliament is not qualified to be a candidate.

94. Qualifications for election

Subject to section 95 (disqualification from election) a person is qualified to be elected as a member of Parliament if, and is not qualified to be elected as a member of Parliament unless,-

he is a citizen of Tuvalu; and
he has attained the age of 21 years.

95. Disqualification from election

A person is not qualified to be elected as a member of Parliament if-
1. subject to section 102 (calculation of sentences) and to subsection (2), he has been sentenced by a court in a commonwealth country to death or to imprisonment (by whatever name called) for a term exceeding 12 months, and has not received a free pardon, or is serving a prison sentence; or
2. he is certified to be insane, or otherwise adjudged to be of unsound mind, under an Act of Parliament; or
3. he is disqualified, under an Act of Parliament relating to offences in connection with elections, from membership of Parliament; or
4. he is, by virtue of his own act, under an acknowledgement of allegiance, obedience or adherence to a country other than Tuvalu; or
5. he has been adjudged or otherwise declared bankrupt under a law of a Commonwealth country, and has not been discharged; or
6. subject to such exceptions as are prescribed, he holds, or is acting in, any office or position in a State Service; or
7. he is the Head of State, a Judge of the High Court or a magistrate; or
8. he is a member of the Public Service Commission.
Subsection (1)(a) does not apply if-
1. on appeal or review-
  1. the conviction is overthrown; or
  2. the sentence is reduced to a sentence of imprisonment for a term not exceeding 12 months, or to some penalty other than imprisonment; or
2. in the case of a sentence of imprisonment, whether it was the original sentence or was substituted on appeal or review, three years have elapsed since the end of the imprisonment.

Subdivision D. Members

96. Tenure of office

The seat of a member of Parliament becomes vacant-
1. on death; or
2. on a dissolution of Parliament; or
3. if he is absent from the sittings of Parliament for such period and in such circumstances as are prescribed in the Rules of Procedure of Parliament; or
4. subject to subsection (2), if, not being the Speaker, he resigns his seat by written notice to the Speaker; or
5. subject to subsection (3), if, being the Speaker-
  1. he announces to Parliament his resignation from his seat; or
  2. he resigns his seat by written notice addressed to Parliament and given to the Clerk of Parliament; or
6. if he ceases to be qualified for, or becomes disqualified from, election to Parliament under section 94 (qualifications for election) or 95 (disqualification from election); or
7. in the circumstances set out in section 97 (disclosure of interest) or 98 (vacation of seat on sentence); or
8. if his seat is declared to be vacant under section 99 (recall of incapacitated member); or
9. if he becomes the Head of State or a Judge of the High Court.
A resignation under subsection (1)(d) takes effect on the date on which it is received by the Speaker.
A resignation under subsection (1)(e) takes effect on the date on which it is-
1. announced to Parliament; or
2. received by the Clerk of Parliament,
as the case may be.

97. Disclosure of interest

An Act of Parliament or the Rules of Procedures of Parliament may make provision requiring a member of Parliament who has an interest in a matter under consideration in Parliament-
1. to disclose his interest; and
2. except with the approval of Parliament, not to take part in any proceedings in Parliament, or in a committee of Parliament, in relation to the matter.
An Act of Parliament or the Rules of Procedure of Parliament may provide that if a member of Parliament contravenes a provision referred to in subsection (1) his seat becomes vacant.

98. Vacation of seat on sentence

Subject to section 102 (calculation of sentences) and to the succeeding provisions of this section, if a member of Parliament is sentenced by a court in a Commonwealth country to death or to imprisonment (by whatever name called) for a term exceeding 12 months-
1. he shall forthwith cease to discharge his functions as a member of Parliament, and shall not attend Parliament as a member of Parliament; and
2. his seat becomes vacant at the end of 30 days after the date of sentence.
The Speaker may, at the request of the member, from time to time extend the period of 30 days referred to in subsection (1)(b) to enable the member to pursue any appeal (judicial or other) in respect of his conviction or sentence, but extensions totalling more than 150 days shall not be granted without the consent of Parliament, signified by resolution.
If before a member vacates his seat under this section-
1. he receives a free pardon; or
2. on appeal or review-
  1. the conviction is overthrown; or
  2. the sentence is reduced to a sentence of imprisonment for a term not exceeding 12 months, or to some penalty other than imprisonment,
his seat does not become vacant, and he may again discharge his functions as a member.
A reference in this section to functions as a member of Parliament includes a reference to functions performed in any capacity arising out of membership of Parliament (including functions as Speaker or as the Prime Minister or another Minister).

99. Recall of incapacitated member

If more than 50 percent of the persons who are registered as electors for Parliamentary elections in an electoral district sign a petition to the Head of State stating that a member of Parliament for that district is unable to perform properly the functions of a member because of infirmity of body or mind, the succeeding provisions of this section apply.
If the Head of State, acting in his own deliberate judgment, is satisfied that-
1. a petition delivered to him complies with subsection (1); and
2. it is desirable in the interests of the good government of Tuvalu that the question of removing the member should be investigated,
the Head of State, acting in accordance with the advice of a professional medical body outside Tuvalu approved by an Act of Parliament for the purpose, shall appoint two or more medical practitioners who are legally qualified to practise medicine either in Tuvalu or elsewhere to investigate the question of the capacity of the member.
The persons appointed under subsection (2) shall investigate the question and make a joint professional report to the Head of State personally.
If after considering the report the Head of State, acting in his own deliberate judgment, is satisfied that it is desirable in the interests of the good government of Tuvalu to do so, he shall, acting in his own deliberate judgment, by written notice to-
1. the Speaker; and
2. the member,
declare the seat of the member concerned to be vacant.

Subdivision E. Miscellaneous

100. Questions as to membership of Parliament

The High Court has jurisdiction to determine, in accordance with law, any question whether-
1. a candidate has been validly elected as a member of Parliament; or
2. a member of Parliament has vacated his seat, or is required by section 98 (vacation of seat on sentence) to cease to perform his functions as a member; or
3. the seat of a member has been declared vacant in accordance with any Act of Parliament or Rules of Procedure of Parliament provided for by section 97 (disclosure of interest); or
4. the seat of a member has been declared vacant in accordance with section 99 (recall of incapacitated member).
There is no appeal from a decision of the High Court in proceedings under subsection (1).

101. Sitting, etc., while unqualified

A person who sits or votes in Parliament or in a committee of Parliament knowing, or having reasonable grounds for believing, that he is not entitled to do so is liable to a civil penalty not exceeding $20.00 for each day upon which he so sits or votes.
A penalty under subsection (1) may be recovered only by civil action in the High Court by the Attorney-General.

102. Calculation of sentences

This section applies to the calculation of the lengths of periods of imprisonment for the purposes of-
1. section 92 (disqualification from registration); and
2. section 95 (disqualification from election); and
3. section 98 (vacation of seat on sentence).
For the purposes of the provisions referred to in subsection (1)-
1. two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of the total period; and
2. no account shall be taken of a sentence of imprisonment imposed in default of payment of a fine; and
3. “review” includes an administrative or executive review of a sentence.

DIVISION 4. THE SPEAKER

103. Establishment of the office of Speaker

An office of Speaker of Parliament is established.

104. Election of the Speaker

Subject to this section, the Speaker shall be elected by the members of Parliament from among their own number.
As soon as practicable after-
1. each general election; or
2. the occurrence of a casual vacancy in the office of Speaker,
but after any necessary election of a Prime Minister, the Head of State, acting in accordance with the advice of the Prime Minister, shall call a meeting of the members of Parliament for the purpose of electing a Speaker, at a date, time and place fixed by the Head of State, acting in accordance with the advice of the Prime Minister, by notice to each member.
The Clerk of Parliament shall preside at the meeting, and for that purpose has all the functions of the Speaker as if the meeting were a meeting of Parliament.
When a Speaker is elected, the Clerk of Parliament shall so inform the Head of State, and the Head of State shall appoint the person so elected to be the Speaker.
At the commencement of the first sitting day of Parliament after the appointment of a Speaker, the Clerk of Parliament shall announce to the members of Parliament present the appointment of the Speaker and the person appointed shall then take his place as Speaker.

105. Tenure of office of the Speaker

The office of Speaker becomes vacant-
1. on death; or
2. when a Speaker next takes his place under section 104(5) (which relates to the Speaker taking his place after his appointment by the Head of State); or
3. subject to subsection (2), if-
  1. he announces to Parliament his resignation from office; or
  2. he resigns his office by written notice addressed to Parliament and given to the Clerk of Parliament; or
4. if he ceases to be a member of Parliament for any reason other than the dissolution of Parliament; or
5. if he becomes Prime Minister or another Minister; or
6. if he becomes the Head of State or a Judge of the High Court; or
7. if Parliament so resolves by resolution supported by the votes of two-thirds of the total membership.
A resignation under subsection (1)(c) takes effect on the date on which it is-
1. announced to Parliament; or
2. received by the Clerk of Parliament,
as the case may be.

106. Functions of the Speaker

Subject to subsection (2), when he is present the Speaker shall preside at all sittings of Parliament and of committees of Parliament.
An Act of Parliament or the Rules of Procedure of Parliament may provide that subsection (1) does not apply-
1. when Parliament is in a committee of the whole Parliament; or
2. on other occasions, or in other circumstances, prescribed in the Act or the Rules.
Subject to any Act of Parliament made for the purposes of subsection (6), the Speaker is responsible for ensuring that the business of Parliament is conducted in accordance with this Constitution, any applicable Act of Parliament and the Rules of Procedure of Parliament.
The Speaker shall do his best to ensure that-
1. proceedings in Parliament are conducted at all times with dignity, decorum and politeness; and
2. abusive, unnecessarily violent or otherwise objectionable language is not used in Parliament; and
3. Parliamentary privilege is not abused by the making of unnecessary personal attacks on other members of Parliament or other persons, or in any other manner.
The Speaker has such other functions as are provided for by this Constitution, any Act of Parliament and the Rules of Procedure of Parliament.
Subject to any Act of Parliament, the decision of the Speaker on any matter relating to the conduct of the business of Parliament is final.
The Speaker shall perform his functions impartially, and has a duty to ensure that in the conduct of the business of Parliament there is a reasonable opportunity for all members present to be fairly heard.

107. Acting Speaker

If the Speaker is absent from a sitting of Parliament or if there is a vacancy in the office of Speaker during a meeting, a member of Parliament (not being the Prime Minister or another Minister) elected by the members shall, until relieved by the Speaker, perform the functions of the Speaker.
If at any time when Parliament is not sitting-
1. the Speaker is absent from Tuvalu or is for any other reason unable to perform his functions; and
2. no member has been elected under subsection (1), the Clerk of Parliament shall perform the parliamentary functions of the Speaker.
The Clerk of Parliament shall preside for the purposes of the election of an acting Speaker under subsection (1).
No question whether the need for the election of a person to perform the functions of the Speaker in accordance with this section has arisen, or has ceased, shall be considered in any court

DIVISION 5. PROCEDURES IN PARLIAMENT

108. Rules of Procedure

Subject to this Constitution and to any Act of Parliament, Parliament may make rules of procedure for the regulation and orderly conduct of its proceedings and the discharge of business at sittings of Parliament, and for related purposes.
The rules shall ensure that in the conduct of the business of Parliament there is a reasonable opportunity for all members to be fairly heard.

109. Quorum of Parliament

Subject to subsection (3), the quorum for a meeting of Parliament is one more than one half of the total membership, ignoring any fraction which may arise in calculating one half of the total membership.
If at any time-
1. the Speaker declares that a quorum in accordance with subsection (1) is not present; and
2. after such interval as is prescribed in the Rules of Procedure of Parliament for the purpose such a quorum is again not present,
the Speaker shall adjourn Parliament until a time and date that he thinks appropriate.
If at the time and date fixed by the Speaker under subsection (2) a quorum in accordance with subsection (1) is not present, the number of members of Parliament actually present and qualified to take part in the proceedings is a quorum for the purposes of that day’s sitting.

110. Voting in Parliament

Subject to this Constitution, all questions before Parliament shall be determined in accordance with a majority of the votes of the members of Parliament present and voting.
Subject to subsection (3), the Speaker does not have an original vote, but-
1. has; and
2. shall exercise,
a casting vote.
The Speaker has an original vote, but not a casting vote-
1. on a motion of no confidence in the Government; and
2. on a Bill for an Act to amend this Constitution.

111. Procedure on Bills, etc

Subject to this Constitution, any member of Parliament may, in accordance with the Rules of Procedure of Parliament-
1. introduce a Bill in Parliament; or
2. propose a motion for debate in Parliament; or
3. present a petition to Parliament,
and it shall be disposed of in accordance with this Constitution and the Rules.
Subject to section 2 (the area of Tuvalu), with the exception of-
1. Appropriation Bills; and
2. Bills certified by the Head of State, acting in accordance with the advice of the Cabinet, to be-
  1. urgent; or
  2. not of general public importance,
Parliament shall not proceed upon a Bill after its first reading until the next session of Parliament, and after the first reading the Clerk of Parliament shall circulate the Bill to all local governments for consideration and comment.
Parliament shall consider and dispose of any comments received under subsection (2).
Parliament shall not proceed-
1. further than the first reading of a Bill for any purpose referred to in section 166(1) (which relates to Executive initiative); or
2. on a motion or amendment which would have a similar effect, without the recommendation of a Minister as required by section 166(1) (which relates to Executive initiative).

DIVISION 6. MISCELLANEOUS

112. Oath and affirmation of members of Parliament

Subject to subsection (3), no member of Parliament may take part in the proceedings of Parliament (other than formal proceedings and proceedings necessary for the purpose of this section) until he has, before Parliament, made an oath, or taken an affirmation, of allegiance in the form in Schedule 4.
The swearing-in of a member of Parliament takes precedence over all other business (other than formal business and business referred to in subsection(3)) in Parliament.
Subsection (1) does not apply in relation to-
1. proceedings for the election of a Prime Minister under section 63(1) (which relates to the election of a Prime Minister) and Schedule 2 (Election and Appointment of the Prime Minister); or
2. proceedings for the election of a Speaker under section 104 (election of the Speaker) or of an acting Speaker under section 107(1) (which relates to the election of a member of Parliament as acting Speaker).

113. Validity of proceedings in Parliament

Subject to sections 109 (quorum of Parliament) and 110 (voting in Parliament)-

Parliament or a committee of Parliament may conduct any business even if there is a vacancy in its membership; and
the proceedings of Parliament, and of a committee of Parliament, are valid even if a person who was not entitled to do so took part in those proceedings.

114. Privileges of Parliament

The purpose of this section is to allow, as is customary in Parliaments-
1. certain privileges and immunities to be conferred upon Parliament and members of Parliament; and
2. certain powers to be conferred upon Parliament, in order to facilitate the proper conduct of the business of Parliament, and to prevent improper interference with the conduct of that business.
Subject to subsections (4) and (5), Parliament may provide for-
1. privileges and immunities of Parliament and members of Parliament; and
2. powers of Parliament.
Any provision made by Parliament for the purposes of subsection (2) shall be interpreted and applied only in accordance with the purpose of this section asset out in subsection (1).
No civil or criminal proceedings may be instituted against a member of Parliament-
1. for words spoken in, or included in a report to, Parliament or a committee of Parliament; or
2. by reason of any matter or thing brought by him in Parliament or a committee of Parliament.
No process issued by a court shall be served or issued within the precincts of Parliament (as defined by or under an Act of Parliament or the Rules of Procedure of Parliament).

115. Clerk of Parliament and other officers

There shall be a Clerk of Parliament and such other officers as are necessary for the proper conduct of the business of Parliament, who shall be members of a State Service.

DIVISION 7. SUMMONING, DISSOLUTION, ETC

116. Meetings of Parliament

Subject to this section, Parliament shall meet at such places in Tuvalu, and at such times, as the Head of State, acting in accordance with the advice of the Cabinet, appoints.
Sessions of Parliament shall be held in such a way that no period of 12 months intervenes between the end of one session and the beginning of the next.
A session of Parliament shall be appointed to begin as soon as practicable after the declaration of the results of a general election, and in any event within three months after the declaration.
In the event of a failure to comply with subsection (2) or (3), the Speaker shall call a meeting of Parliament, unless in the meantime a meeting has been called under subsection (1).

117. Prorogation of Parliament

The Head of State, acting in accordance with-

a resolution of Parliament; or
subject to any resolution of Parliament, the advice of the Prime Minister,

may at any time prorogue Parliament.

118. Dissolution of Parliament

Subject to this section, Parliament is automatically dissolved at the end of the period of four years after the date of its first sitting after a general election.
The Head of State, acting in accordance with a resolution of Parliament may at any time dissolve Parliament.
If-
1. the office of Prime Minister is vacant; and
2. no person has been elected to that office within such period as the Head of State, acting in his own deliberate judgment, thinks reasonable, the Head of State, acting in his own deliberate judgment, may dissolve Parliament.
Subject to subsection (5), Parliament remains dissolved until the declaration of the results of the following general election.
Subject to subsection (6), if the Head of State certifies that there is an urgent matter requiring the attention of Parliament at a time while Parliament is dissolved he may re-convene Parliament, and Parliament may meet and act as if it had not been dissolved.
The functions of the Head of State under subsection (5) shall be performed-
1. in accordance with the advice of the Cabinet; and
2. subject to any such advice, in his own deliberate judgment.
A meeting of Parliament re-convened under subsection (5) shall consider only the matter certified under that subsection and matters that, in the opinion of the Speaker, arise out of it.