Cook Islands Prime Minister Mark Brown arrives at Tuurangawaewae Marae Photo: Layla Bailey-McDowell / RNZ
By Melina Etches, Cook Islands News
A motion of no confidence against the Cook Islands Cabinet, filed on 11 February, faces delays due to parliamentary procedure, specifically the 14-day notice requirement and the precedence of an Appropriation Amendment Bill.
Cook Islands United Party (CIUP) leader and Member of Parliament, Teariki Heather, filed "a motion of no confidence" against Cabinet, including Prime Minister Mark Brown.
Clerk of Parliament Tangata Vainerere received the motion of no confidence notice at 3.16pm. He referred the submission to the Speaker of Parliament Tai Tura and the Members of Parliament (MPs) via email immediately.
MPs must be given 14 days' notice, according to Vainerere.
When Parliament sits for the first time this year on Monday, February 17, the motion will appear as a notice which will form part of the orders of the day.
On July 1, 2022, the Parliament of the Cook Islands' new Standing Orders came into effect. These were adopted by the Parliament on May 27, 2022.
According to the Standing Orders: "(1) Any member may give notice of a motion of no confidence in the Cabinet ("a motion of no confidence"). (2) Members must be given at least 14 days' notice of a motion of no confidence. In exceptional cases, members may be given a shorter period of notice if, in the opinion of the Business Committee, a shorter period is appropriate. (3) A motion of no confidence takes precedence over any other business. (4) The motion passes if it is supported by a majority of all members present in the Chamber and voting. (5) If the motion fails, no further motion of no confidence may be introduced for at least six months, calculated from the date on which the original notice of motion was defeated."
Vainerere said that the submitter of the notice could move the motion in Parliament after the 14-day period from February 11 has expired.
However, he said that another complication for this particular case is that the motion of no confidence still cannot be moved after the 14th day because of the Appropriation Amendment Bill, which will be tabled on Monday, February 17.
"Under our Standing Orders number 75 the motion of no confidence takes precedence over any other business …"
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Vainerere said according to the Standing Order 219, an Appropriation Bill will take precedence over all other business.
"An Appropriation Bill takes precedence over all other business and until disposed of, is set down each day as an Order of the Day at the commencement of the next sitting day.
"The motion of no confidence has to wait until this supplementary budget, Appropriation Amendment Bill is disposed of."
Vainerere explained that the Appropriation Amendment Bill will go to the Public Accounts Committee until the following Monday, February 24.
"Therefore, it is unlikely that the Appropriation Amendment Bill will be disposed of on February 25 - when the14 days are up for the notice of a motion of no confidence to be moved," he said.
"A motion of no confidence can be moved on any day provided the notice period is completed and also, provided that the appropriation bill or in this case an Appropriation Amendment Bill is out of the way."
This will be the first motion of no confidence under the new Standing Orders.
Vainerere said Parliament has very efficient Standing Orders "and there is even another way of addressing the motion much quicker than described above but I rather not suggest it as that is a matter best left to the politicians".
-This article was first published by Cook Islands News.
