Formal Motions Flashcards
What is a closure motion?
The closure motion is ‘that the question be now put’
a) if it is carried, the motion previously under debate is put to the vote without further discussion.
b) if a colsure motion is rejected, the debate continues.
This is a fairer method that ‘previous question’ since the debate is allowed to continue if that is the wish of the majority. The chairman may move to close the debate with the meetings consent.
What is a previous question motion?
The most powerful motion of all.
The previous question motion is ‘that the previous question be not now put. This is the orgional motion under debate when the procedure came up.
a) if such a motion is carried, the debate on the previous question is ended without a vote.
b) if the previous ruqestion is rejected the motion must immediately be put to the vote without further debate. This is because the question is a double negative so if the previous question be not now put is rejected it implies that the question should now be put.
Either way the debate is ended immediately so a previous question motion should not be allowed if there has not been sufficient debate.
What other procedural motions are there?
Procedural motions cut short the debate.
a) The meeting proceed to next business - this motion may be put to the meeting without discussion at the end of any speech. If it is passed the item is simply dropped and the meeting moves to next agenda item.
b) Referred back to the Committeee - reference back motion if meeting considers that a report is unsatisfactory in present form
c) Debate be adjourned - useful means of interrupting a long debate
d) postpone consideration of the subject - generally appropriate if the meeting does not wish to start a discussion of a matter at that session.
The chairman can decide not to propose a resolution if none of those members turn up to propose it themselves.
Explain adjournment and any cases involved?
It is a decision of the meeting the adjourn though the chairman has some powers because of disorder or inadequate facilities. Adjournment is a formal motion.
Disorder - John v Rees 1969 political meeting which became disorderly, he adjourned sine die (until further notice). He should only have adjourned for 15 minutes or so.
Inadequacy - Byng vs London life 1989 too many people arrived at meeting and video failed halfway through. Chairman had residual power to adjourn but case found adjourned meeting invalid as it wasn’t reasonable to adjourn to that afternoon at a different venue.
A poll is not an adjournment - Jackson v Hamlyn 1953 - a poll to adjourn the meeting was put and the chairman said if the poll decided agains adjournment the meeting would continue the following week as the room was booked out. It was decided that this was correct and it would be a continuation of the same meeting.
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What motions are put forward to aid the speed and formulation of business?
Formal or procedural motion
If the meeting have had enough of the debate a procedural motion may be passed in order to cut short the debate.
The chairman can reject a procedural motion if he thinks it is
A) designed to hinder progress
B) against regulations
C) prevent adequate discussion
What does sine die mean and when should business be adjourned to and what notice should be given?
It means until further notice but is often used when there is no intention to reconvene.
If a meeting is adjourned to more than 14 days after it was adjourned you must give 7 days clear notice and the notice to contain all the usual information.
An adjourned meeting can only transact the business that was on that agenda.
If a poll is demanded on adjournment it must be take immediately.
Why would people use procedural motions
1) cut short the debate
2) could be a risk members will do this to cut short debate on embarrassing subject
3) if they don’t want to disclose their unpopular views
4) hold off the vote
5) play for time while gather support
6) delay business by shelving it to another date
Detail the power to adjourn a meeting?
1) basic power rests with meeting itself
2) if the meeting becomes inquorate the Articles may require that the chairman adjourns or provides for automatic adjournment
3) the articles may give the chairman the power to adjourn in certain circumstances
4) the chairman has inherent powers, ie residual power but must be careful with this as no law case,just on the side decision (Byng vs london life, john vs Rees
What other points are there regarding adjournment?
A) adjournment may be to a specified time and place or sine die (ie indefinitely). The words sine die is often used where there is no intention to reconvene. A meeting adjourned sine die can technically be reconvened by the directors. However if they have no intention of doing so it has the same effect of dissolving the meeting.
B) if the continuation of an adjourned meeting takes place more than 14 days after it was adjourned, the articles normally require that 7 days notice be given and this should contain the sort of information required for a general meeting. It follows that notice is not required if less than 14 days although notice may be required if the meeting was adjourned without specifying a date and time.
C) an adjourned meeting may only transact uncompleted business of the original meeting (2006 act model articles)
D) if a poll is demanded on a motion for adjournment if must be taken IMMEDIATELY (2006 act)
