SO 2017-56 Positional Commissions Act 2017

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SO 2017-56 Positional Commissions Act 2017

Post by Nassau-Windsor on Mon Jul 24, 2017 8:07 pm

Positional commissions Act 2017

An Act to allow positions to be given into commission, and to give provisions for such provisions.

WHEREAS it might be desired that a certain position within Our Region should be given into commission;

WHEREAS there are no regulations for such a commission at this time;

BE IT ENACTED, by Us, by and with the advice and consent of Parliament, and by the authority of the same, as follows:-


Article 1
An office or a position that has duties or responsibilities, not therefrom exempted in this Act, may be given into commission according to the regulations of this Act.

Article 2
Not eligible to be given are the following offices and positions:
a) that of Founder of Our Region;
b) that of any administrative official appointed by the Founder;
c) that of Member of Parliament; and
d) any office-holder or position-holder with judicial powers assigned to him on that basis.

Article 3
If an incumbent wishes to give his office or position into commission, he shall issue a Writ of Commission, wherein he shall state at the least:
a) the reason(s) for the commission;
b) the duration for the commission;
c) the Commissioners; and
d) the hierarchy amongst the Commissioners.
If the incumbent is an position-holder within a Ministry, he shall need the explicit permission from the respective Minister to give his position into commission.

Article 4
At least two Members of Our Region shall be able to hold, jointly, a Commission. Non-Members of Our Region shall under no circumstances be eligible to serve as a Commissioner.

Article 5
For the Office of President or Prime Minister, the Commission must at least consist of one Member of Parliament, and if there be a senior Commissioner of any kind, that must be the senior Member of Parliament serving as Commissioner.

Article 6
Commissions shall only be able to perform the duties and responsibilities by unanimous agreement.

Article 7
At any time, the incumbent of the office or position may dissolve the Commission. The Commission cannot outlive under any circumstance the term set for the incumbent of that office or position respectively, unless Parliament gives approval prior to the expiring term. Such a vote must receive unanimous support among the voting Members. Members who vote to abstain, shall not be treated as voting Members for this purpose.

Article 8
This Act may be cited as "[The] Positional Commissions Act 2017".

Monday the 24th day of July, 2017
The Hon. Nassau-Windsor, MP LSM

Co-sponsors:
The Rt. Hon. Libertarian Democracy, MP GSM LSM, Minister of Jurisprudence


Last edited by Nassau-Windsor on Tue Aug 22, 2017 11:07 pm; edited 2 times in total

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Re: SO 2017-56 Positional Commissions Act 2017

Post by Abdoa on Tue Jul 25, 2017 12:29 am

I like the idea of this bill, but would ask that the author consider also including an article or clause specifying that the parliamentary powers of the PM may not be delegated to a commission, as there is already a provision for delegation of that power in force. I would also suggest including in the list of Article 2 (positions that cannot be put into commission) the position of Justice of the Civil Court, and member of a Temporary Tribunal. Perhaps also members of Parliamentary Commissions in general (that includes the Justices of the Civil Court).
Another oddity is that prosecutors and defenders would also be able to delegate their functions, which seems weird to me, as if they are unable to exercise their functions, their employer (the MoJ) should just be able to replace them.
Again, I like this bill, but I think there are some odd situations that could come out of it, not in the ways intended, so I'd like to hear more Smile

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Re: SO 2017-56 Positional Commissions Act 2017

Post by Nassau-Windsor on Tue Jul 25, 2017 1:48 pm

Prime Minister Abdoa wrote:I like the idea of this bill, but would ask that the author consider also including an article or clause specifying that the parliamentary powers of the PM may not be delegated to a commission, as there is already a provision for delegation of that power in force.

My Rt. Hon. friend [Abdoa] himself did just include the reason for me not to include the office of Prime Minister in the list of article 2 of this Bill. Perhaps, my Rt. Hon. friend [Abdoa] is familiar with the following principle of law: "lex specialis derogat legi generali", which means that specific provisions in any law takes precedence before more general provisions in (another) law. As this Bill refers to all offices, and the Act he refers to speaks only of the specific office of the Prime Minister, the provision he refers to already takes precedence over that in this Bill. Therefore, I am opinionated that it is not needed to include the office of Prime Minister in the list of Article 2 of this Bill.

Prime Minister Abdoa wrote:I would also suggest including in the list of Article 2 (positions that cannot be put into commission) the position of Justice of the Civil Court, and member of a Temporary Tribunal. Perhaps also members of Parliamentary Commissions in general (that includes the Justices of the Civil Court).

I warmly thank the suggestion by my Rt. Hon. friend [Abdoa] as he makes this point, which I have to confess, I did overlook. I will include it in the list of Article 2 of the Bill. I will do so in a form for general judicial officials.

Prime Minister Abdoa wrote:Another oddity is that prosecutors and defenders would also be able to delegate their functions, which seems weird to me, as if they are unable to exercise their functions, their employer (the MoJ) should just be able to replace them.

I will change the position of position-holders within a Ministry.

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Re: SO 2017-56 Positional Commissions Act 2017

Post by Libertarian Democracy on Tue Jul 25, 2017 8:17 pm

I think the ideal reason for a commission should be clearly stated as to allow civil action against abuses of power. What if a newly-elected Prime Minister had all of his Ministers devolve their powers to commissions made up of the members of their political party? In effect, the powers and duties of government would be shifted away from individuals and towards the parties.

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Re: SO 2017-56 Positional Commissions Act 2017

Post by Nassau-Windsor on Tue Aug 22, 2017 11:23 am

Libertarian Democracy wrote:I think the ideal reason for a commission should be clearly stated as to allow civil action against abuses of power.  What if a newly-elected Prime Minister had all of his Ministers devolve their powers to commissions made up of the members of their political party?  In effect, the powers and duties of government would be shifted away from individuals and towards the parties.

I thank my Rt. Hon. friend [Libertarian Democracy] for his point, however, I might fail to see it. From the way I see it, the Prime Minister could already shift any power and duty towards his party by simply creating only individuals from within his own party a Minister. A commission would not in any way make it harder or easier for a Prime Minister to shift power.

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Re: SO 2017-56 Positional Commissions Act 2017

Post by Libertarian Democracy on Tue Aug 22, 2017 5:59 pm

The existence of a possible route to corruption is not a justification for creating another route to corruption. I echo what I previously stated, the possible valid reasons for creating a Positional Commission need to be stated so that we can establish the spirit of this law. It needs to be clear that Commissions are not political tools and are meant to keep the Union running when the incumbent of a position is unable to perform the duties of that position.

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Re: SO 2017-56 Positional Commissions Act 2017

Post by Nassau-Windsor on Tue Aug 22, 2017 9:41 pm

Libertarian Democracy wrote:The existence of a possible route to corruption is not a justification for creating another route to corruption.  I echo what I previously stated, the possible valid reasons for creating a Positional Commission need to be stated so that we can establish the spirit of this law.  It needs to be clear that Commissions are not political tools and are meant to keep the Union running when the incumbent of a position is unable to perform the duties of that position.

Would my Rt. Hon. friend find it acceptable if I phrase the text of Article 3 as follows:
"If an incumbent wishes, due to his incapability to perform his duties and privileges thereof, or when it is predicted that he for some given foreseeable time in the near future he will be so incapable to perform his duties and privileges thereof, he shall issue a Writ of Commission (...)"

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Re: SO 2017-56 Positional Commissions Act 2017

Post by Libertarian Democracy on Tue Aug 22, 2017 11:01 pm

Yes, that would suffice.  I thank my Rt. Hon. Friend for adopting my suggestions Wink

I do co-sponsor this proposal.

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Re: SO 2017-56 Positional Commissions Act 2017

Post by Abdoa on Tue Aug 22, 2017 11:07 pm

Co-sponsored.

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