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STANDING ORDERS OF THE SENATE

 

Sittings Department and Library of the Senate

January 2007
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CHAPTER XVI - THE SENATE'S INTERNAL AND EXTERNAL POLICING

Article 90

1. - The President shall be responsible for overseeing the Senate's internal and external security. To this end, he/she shall determine the strength of the military forces he/she believes to be necessary. These military forces shall follow his orders.

2. - Police powers in the Senate fall under the authority of the President.

Article 91

1. - Except for those carrying passes granted to this effect by the President and for staff performing their duties, no one may enter the Chamber for any reason.

2. - Members of the public admitted to the galleries shall be seated and bare-headed, and shall remain silent.

3. - Anyone giving indications of approval or disapproval shall be removed immediately by the ushers charged with maintaining order.

4. - Anyone disrupting debates shall, if appropriate, be brought before the competent authority.

CHAPTER XVII - DISCIPLINE

Article 92

The disciplinary penalties applicable to members of the Senate are:

- a call to order;

- a call to order registered in the record;

-  censure;

-  censure with temporary exclusion.

Article 93

1. - Only the President may call a member to order.

2. - A call to order may be issued to any speaker who is disorderly, or who is disruptive either by infringing the rules of the Standing Orders set out in Article 40 or in any other way.

3. - Any Senator who has not been permitted to speak and is called to order shall not be able to speak to justify himself/herself until the end of the sitting, unless the President decides otherwise.

4. - Any Senator who incurs the first call to order in a given sitting shall be given a call to order registered in the record.

Article 94

A censure is issued to any Senator who:

1. following a call to order registered in the record, does not comply with the injunctions of the President;

2. is disruptive in the Senate;

3. directs abuse, provocation or threats to one or more colleagues;

4. is guilty of breaching the rules set out in Article 99 of these Standing Orders.

Article 95

1. - A censure with temporary exclusion from the Senate's premises in the Palais du Luxembourg shall be issued against any Senator who:

1. ignores the basic censure or has received this punishment twice;

2. has resorted to violence in a public sitting;

3. is guilty of insulting the Senate or the President of the Senate;

4. is guilty of abuse, provocation or threats against the President of the Republic, the Prime Minister, and members of the Government and of assemblies provided for in the Constitution;

5. after being censured for breaching the rules set out in Article 99 of these Standing Orders, is guilty of a further breach of these rules.

2. - Censure with temporary exclusion leads to a ban on taking part in the work of the Senate, and on entering the Senate's premises in the Palais du Luxembourg for a fortnight after the punishment is announced.

3. - If the Senator refuses to comply with the injunction from the President to leave the Senate, the sitting shall be adjourned. In these circumstances, and also where censure with temporary exclusion is applied to a Senator for the second time, the exclusion shall be extended to thirty legislative days.

Article 96

1. - Simple censure and censure with temporary exclusion shall be declared, at the President's proposal, by the Senate voting by sitting or standing, and without debate.

2. - A Senator against whom one of these sanctions has been sought always has the right to be heard, or to have one of his/her colleagues speak on his/her behalf.

Article 97

1. - Simple censure leads automatically to the Senator losing a third of his/her Parliamentary pay and all of his/her allowance for a month.

2. - Censure with temporary exclusion automatically leads to the Senator losing a third of his/her Parliamentary pay and all of his/her allowance for two months.

Article 98

1. - If a Senator commits a criminal act within the confines of the Palais du Luxembourg while the Senate is sitting, the deliberation taking place shall be adjourned. When the sitting reconvenes, the President shall inform the Senate of what has occurred.

2. - If the criminal offence referred to in paragraph 1 is committed when a sitting has been adjourned, or after a sitting has ended, the President shall inform the Senate when the sitting reconvenes or at the beginning of the next sitting.

3. - The Senator shall be permitted to explain himself/herself if he/she so requests. On the order of the President, he/she shall be forced to leave the Chamber and to be held in the Palais du Luxembourg.

4. - If the Senator resists, or if there is unruly behaviour in the Senate, the President shall terminate the sitting immediately.

5. - The Bureau shall immediately inform the Chief Public Prosecutor (Procureur général) that an offence has been committed on the Senate's premises in the Palais du Luxembourg.

Article 99

Any Senator who uses his/her title for reasons other than the exercise of his/her mandate shall be liable to penalties set out in Articles 94 and 95. These disciplinary sanctions differ from the measures set out in Article L.O 151 of the Electoral Code, which is applicable to Senators under Article L.O 297 of the same Code.

Article 100

1. - Any member of a Committee of Inquiry who does not comply with the provisions of Paragraph IV of Article 6 of Ordinance n° 58-1100 of 17 November 1958 relating to the non-public work of a Committee may be excluded from the Committee by a decision of the Senate without debate on the Committee's report after hearing the individual concerned.

2. - An exclusion issued under paragraph 1 of this Article shall mean that the Senator against whom such a decision has been taken will not be able to be a member of any Committee of Inquiry for the remainder of his/her mandate.

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