Jump to content

The Riksdag Act (2009)/Chapter 2

From Wikisource
The Riksdag Act (2009)
by Parliament of Sweden
Chapter 2. Meetings of the Chamber
628454The Riksdag Act — Chapter 2. Meetings of the Chamber2009Parliament of Sweden

Chapter 2. Meetings of the Chamber

[edit]

Duties of the Speaker Art. 1. The Speaker presides over the meetings of the Chamber. The Speaker is debarred from speaking on the substance of any matter under deliberation which has been entered in the order paper.

Supplementary provision
2.1.1
When presiding over the meetings of the Chamber the Speaker is assisted by a clerk of the Chamber.

Replacement for the Speaker
Art. 2. The Speaker may delegate to a Deputy Speaker the duty of presiding over a meeting.

In the absence of the Speaker and all the Deputy Speakers, that member among those present who has been a member of the Riksdag longest presides. If two or more members have been members of the Riksdag equally long, the member who is senior in age has precedence. The same shall apply pending the election of the Speaker and the Deputy Speakers.

The provisions of Article 1 restricting the Speaker’s right to speak shall apply also to a Deputy Speaker and to any other member presiding over a meeting of the Chamber.

Seating of members in the Chamber
Art. 3. Each member shall have his own appointed place in the Chamber.

Supplementary provision
2.3.1
Members take their seats in the Chamber by constituencies. Special places shall be provided for the Speaker and Deputy Speakers and for ministers.

Meetings open to the public and meetings behind closed doors
Art. 4. The meetings of the Chamber are open to the public. The Riksdag may however determine that a meeting shall be held behind closed doors, if necessary, having regard to the security of the Realm, or otherwise, having regard to relations with another state or an international organisation. If the Government is to deliver a statement at a meeting, the Government may also determine, on the same grounds as the Riksdag, that the meeting shall be held behind closed doors.

A member or official of the Riksdag may not without authority disclose anything that has occurred at a meeting held behind closed doors. The Riks-dag may, however, waive the duty of confidentiality, in whole or in part, in a particular case.

Supplementary provision
2.4.1
Special places shall be provided in the Chamber for the general public. A member of the public who creates a disturbance may be ejected forthwith. In the event of disorder developing among the general public, the Speaker may have all the members of the public ejected.

A visitor to the public gallery shall surrender, on request, his outdoor clothing, carrying bags, and any objects capable of being used to create a disturbance in the Chamber. A person who fails to comply with such a request may be refused admission to the public gallery. Personal possessions thus surrendered shall be stored in special accommodation for the duration of the visit.

Rules concerning security controls are laid down in the Act on Security Controls in the Riksdag (SFS 1988:144).

Summons to meetings
Art. 5. The Chamber convenes in response to a summons from the Speaker unless otherwise provided in the Instrument of Government or in this Act.

The summons shall indicate whether the meeting is a plenary meeting at which committee reports may be taken up for settlement.

A summons shall be posted in the premises of the Riksdag no later than 6 p.m. on the day prior to the meeting and at least fourteen hours in advance. A summons may however be posted later in exceptional circumstances. In such a case, the meeting shall take place only if more than half the members of the Riksdag consent thereto.

Supplementary provisions
2.5.1
Publication of notice of meetings of the Chamber and other activities in the Riksdag shall be determined by the Speaker.

2.5.2
When an election is to be held, this shall be specially indicated in the summons.

Breaks in the work of the Chamber
Art. 6. The Speaker determines what breaks of a week or more shall be made in the work of the Chamber during the current session, after conferring with the Riksdag Board.

If the Government has called an extraordinary election, the Speaker may determine, in response to a request from the Government, that the work of the Chamber shall be suspended for the remainder of the electoral period.

The Speaker may determine that a break in the work of the Chamber shall be interrupted. Such a decision shall be taken if so requested by the Government or by at least one hundred and fifteen members. The Speaker shall convene a meeting of the Chamber to be held within ten days from the submission of such a request.

Supplementary provision
2.6.1
Notice shall be published of the time of the first meeting of the Chamber after a break in the work of the Chamber has been interrupted. The Secretariat of the Chamber shall notify the members of the Riksdag concerning the time of such a meeting of the Chamber.

Order paper Art. 7. The Speaker shall prepare an order paper for each meeting listing all matters on the table of the Chamber. An exception may be made for a matter which it is assumed will be dealt with behind closed doors.

The order paper shall indicate whether the meeting is a plenary meeting at which committee reports may be taken up for settlement. Business shall be dealt with at a meeting in the order in which it appears on the order paper. Business includes elections scheduled to be held at a meeting.

Supplementary provisions 2.7.1 A motion calling for a referendum on a matter of fundamental law, a proposal for a new Prime Minister or a motion calling for a declaration of no confidence is entered as the first item on the order paper. If there are several such matters, they are taken in the order indicated above. Business shall otherwise be entered in the following order unless otherwise determined by the Speaker:

1. elections;

2. Government bills and written communications from the Government;

3. submissions and reports from Riksdag bodies other than committees;

4. private members’ motions;

5. documents from the EU referred to in Chapter 10, Article 4;

6. committee reports and such statements as are referred to in Chapter 10, Article 4, in the order in which the committees are listed in Supplementary provision 4.2.1.

2.7.2 The order paper shall indicate whether a matter is to be tabled, referred to a committee or taken up for settlement. A special note shall be appended if a committee, or the Speaker, has proposed that a matter shall be taken up for settlement after it has been tabled only once.

2.7.3 Rules concerning notes to be included in the order paper in special cases are laid down in Supplementary provisions 2.10.1, 3.6.2, 5.1.2 and 6.1.2.

2.7.4 The order paper shall be available in the Chamber and otherwise as determined by the Speaker.

Termination and adjournment of a meeting Art. 8. A decision to terminate or adjourn a meeting in progress is taken by the Chamber without prior deliberation.

Putting questions for decision Art. 9. The Speaker puts the questions for decision, based on the motions which have been put forward. If the Speaker considers that a motion conflicts with fundamental law or with this Act, he shall refuse to put the question, stating the reasons for his decision. If the Chamber requests nevertheless that the question be put, the Speaker shall refer the matter to the Committee on the Constitution for decision. The Speaker may not refuse to put the question if the Committee has declared that the motion does not conflict with fundamental law or with this Act.

The provisions set out in paragraph one concerning examination of the constitutionality of a motion shall not apply to the question whether Chapter 2, Article 12, paragraph three of the Instrument of Government is applicable to a particular draft law.

Right to speak Art. 10. Every member and every minister shall be entitled to speak freely at a meeting on all matters under deliberation and on the legality of all that takes place at the meeting, with the exceptions set out in this Act.

The Head of State may deliver a declaration of office before the Chamber.

The Speaker may determine, after conferring with the special representatives of the party groups, that a debate shall take place at a meeting of the Chamber on matters unconnected with other business under consideration. Such a debate may be restricted to one particular subject or may be divided up according to subject.

Supplementary provision 2.10.1 Notice of a debate under Article 10, paragraph three, shall be entered in the order paper for the meeting at which the debate will take place. Disqualification Art. 11. No one may be present at a meeting when a matter is being deliberated which personally concerns himself or a close associate. A minister may however participate in the deliberation of a matter concerning his performance of his official duties.

Restrictions on the freedom to speak Art. 12. No one may express himself at a meeting improperly concerning another person or indulge in personal insult or otherwise conduct himself by word or deed in a manner not consistent with good order.

A person who has the floor shall confine his intervention to the matter under deliberation.

Should anyone offend against the provisions of paragraph one or two and fail to comply with the Speaker’s admonition, the Speaker may debar him from speaking for the remainder of the debate.

Arrangement of debates Art. 13. The Speaker shall confer with the special representatives of the party groups concerning the arrangement of debates in the Chamber.

Limitation of the right to speak Art. 14. The Riksdag may prescribe a limit to the number of interventions a speaker may make during the deliberation of a matter and the duration of such interventions in a supplementary provision of this Riksdag Act. A distinction may be made in this connection between different categories of speakers, such as ministers and majority or minority spokesmen for a committee, or spokesmen for a party group, and between speakers who have given prior notice before the meeting of their intention to speak and speakers who have not so done.

Such limitation of the right to speak may also be specially approved in conjunction with the deliberation of a particular issue in response to a proposal from the Speaker. The decision is taken without prior deliberation.

Each and every person wishing to speak on an issue shall however be entitled to speak for at least four minutes.

Supplementary provisions 2.14.1 A person who wishes to speak in a debate in the Chamber shall, if possible, notify the Secretariat of the Chamber to this effect no later than 4.30 p.m. on the day prior to the meeting at which the deliberations will commence. Such notice shall indicate the expected duration of the intervention.

An intervention by a member who has not given prior notice under paragraph one shall be limited to four minutes, unless the Speaker finds that grounds exist for permitting an extension.

A further intervention by a member who has already spoken during the deliberation of a particular issue shall be limited to two minutes. The rules laid down in paragraphs one to three shall not apply when a reply is given to an interpellation or a question.

2.14.2 The Speaker shall determine the duration of interventions in a specially-arranged debate under Article 10, paragraph three, after conferring with the special representatives of the party groups.

Order of speakers Art. 15. The Speaker shall determine the order of speakers from among those giving notice before the deliberation of a particular issue that they wish to speak. Members asking leave to speak during the deliberations shall speak in the order in which they give notice to this effect.

Irrespective of the order of speakers, and without prior notice, the Speaker may:

1. give the floor to a minister who has not previously spoken; and

2. give the floor to a minister or a member who has previously spoken for the purpose of making a rejoinder which contributes information or corrects remarks made by a previous speaker, or in order to refute an allegation made by a previous speaker.

Supplementary provisions 2.15.1 Irrespective of the order of speakers, and without having given prior notice, a minister who has not spoken previously in the deliberation of a particular issue may be given the floor for an intervention of no more than ten minutes’ duration.

The duration of a rejoinder may not exceed two minutes unless the Speaker permits an extension to four minutes on special grounds. Each speaker may be permitted to make two rejoinders in the context of the same principal intervention. If the Speaker has already given a member leave to make a rejoinder, he shall be allowed to make his rejoinder before a minister makes an intervention breaking into the order of speakers.

2.15.2 Irrespective of the order of speakers, a member may indicate his concurrence with a preceding speaker in the course of the deliberation of an issue without stating his reasons.

2.15.3 A speaker shall address the Chamber from the rostrum or from his place in the Chamber. The Speaker may however designate another place in the Chamber.

Records Art. 16. A verbatim record shall be kept of proceedings in the Chamber. No one may speak off the record. A decision may not be altered when the record is confirmed.

The record of meetings of the Chamber and associated documents shall be published in print unless secrecy is imposed under special provisions.

Supplementary provisions 2.16.1 A statement made at a meeting shall be taken down in shorthand, transcribed and made available at the Secretariat of the Chamber without delay. If the speaker has registered no complaint against the transcript by 12 noon of the third working day following the meeting, not counting Saturdays, he shall be presumed to have approved it. If the speaker adjusts the transcript, he should append his signature or initials thereto.

2.16.2 A record is confirmed by the Chamber on the fifth working day following the meeting, if the Riksdag meets on that day, or, failing that, at the next meeting thereafter. A record which cannot be confirmed within one month is confirmed at such time as the Speaker determines.

The record is confirmed in the presence of the members in attendance.

When a record is confirmed, a member is entitled to request correction of the record in respect of a statement which has been approved by another member under 2.16.1.