Unclear aspects of rules regulating debate

[Matteo]

Hello, I'm new on this forum. I registered because I have been the parliamentarian twice during the General Assembly of an international association I am a member of, and during my experience, I encountered some situations which raised questions I didn't know how to answer and that the RONR couldn't help me clarify. Could you please help me understand these aspects? 

My first doubt concerns how the rules of debate apply to the Q&A session that is generally opened after a person's report, or the presentation of a particular topic. I know the RONR say that nothing can be debated if there is no motion on the floor. Does this mean that opening the floor for questions and comments after a report/presentation is not a correct procedure? 

In case it is possible to do so, how do the rules of debate apply here? In particular, if the Assembly wants to ask many questions to the Presenter/Reporter, does the Chair have to take all the questions first and then let the person reporting answer? Otherwise, If they were to answer all the questions singularly they would soon exhaust their right to speak twice during the debate. Moreover, if the rules of debate applied here, after they have answered the first question, they would have to wait until everybody who wishes to speak has had the chance to do so once before taking the floor again to answer another question. 

My second doubt concerns the possibility for people not present at the Assembly to participate in the debate. In a live assembly, is it possible to let someone who is not present to make a comment or answer a question trough a phone call or a video call? Otherwise, can a member present at the Assembly read a comment/speech on behalf of someone who is not present and specify who they are making the comment on behalf of? I think it would be possible only with the consent of the assembly, but I'm not sure about that. 

I am sorry for all these questions and I would be grateful if you could answer them. Thank you. 

[Josh Martin]

On 10/7/2023 at 1:53 AM, Matteo said:

My first doubt concerns how the rules of debate apply to the Q&A session that is generally opened after a person's report, or the presentation of a particular topic.

RONR does not provide for the "Q&A session" you describe. While there are certainly rules which would allow for a few questions to be asked, RONR does not anticipate a prolonged, formal "Q&A session" following a report or presentation.

I will answer the best I can based on the rules in RONR, but if these Q&A sessions are indeed a regular occurrence for your assembly, I would advise that your assembly adopt its own rules governing this subject.

On 10/7/2023 at 1:53 AM, Matteo said:

Does this mean that opening the floor for questions and comments after a report/presentation is not a correct procedure? 

Questions concerning the report are permissible, since questions may be raised through a Request for Information.

Comments are not permissible, unless the assembly has adopted a motion authorizing a discussion on this matter.

On 10/7/2023 at 1:53 AM, Matteo said:

In case it is possible to do so, how do the rules of debate apply here?

Largely, they don't, because this is not "debate." 

On 10/7/2023 at 1:53 AM, Matteo said:

In particular, if the Assembly wants to ask many questions to the Presenter/Reporter, does the Chair have to take all the questions first and then let the person reporting answer?

No.

On 10/7/2023 at 1:53 AM, Matteo said:

Otherwise, If they were to answer all the questions singularly they would soon exhaust their right to speak twice during the debate.

This rule is not applicable. No debate is occurring, so in fact, members have no right so speak at all. Members may, however, ask a Request for Information, because this is not debate.

"Merely asking a question or making a brief suggestion is not counted as speaking in debate; nor is the making of a secondary motion counted as speaking in debate, so long as in making the motion the member makes no comment on the then-pending question." RONR (12th ed.) 43:12

On 10/7/2023 at 1:53 AM, Matteo said:

Moreover, if the rules of debate applied here, after they have answered the first question, they would have to wait until everybody who wishes to speak has had the chance to do so once before taking the floor again to answer another question. 

I believe a member is permitted to ask one question, and then the opportunity is given to others to ask questions. While the rules of debate are largely not applicable when no debate is occurring, the rules of recognition are still applicable. So after asking a question, the member must seek recognition again.

However, the rules of recognition when no question is pending do not have a provision concerning all other members having an opportunity to be recognized (because unlike when a debate is occurring, one member seeking recognition numerous times is not as much of an issue).

I think some latitude might be granted by the chair in this regard, by perhaps permitting the member to ask a couple of questions, but I do not think a single member should be permitted to monopolize the floor with a slew of questions before other members have an opportunity to ask questions.

On 10/7/2023 at 1:53 AM, Matteo said:

My second doubt concerns the possibility for people not present at the Assembly to participate in the debate. In a live assembly, is it possible to let someone who is not present to make a comment or answer a question trough a phone call or a video call?

My response assumes that the assembly has not adopted rules in its bylaws permitting authorizing the assembly to meet in this manner.

So far as RONR is concerned, only the members who are physically present are able to exercise their rights as members. The assembly may, however, at its discretion, permit a person who is not present to make a comment or answer a question through a phone or video call. If this involves speaking in debate, this will require a suspension of the rules. Such persons may not be permitted to vote, unless the organization's rules authorize meeting in this manner.

Again, if this is a regular occurrence, it would be advisable for the assembly to adopt its own rules on this subject.

On 10/7/2023 at 1:53 AM, Matteo said:

Otherwise, can a member present at the Assembly read a comment/speech on behalf of someone who is not present and specify who they are making the comment on behalf of? I think it would be possible only with the consent of the assembly, but I'm not sure about that. 

You guess correctly. The assembly's permission is required to read from papers as part of a speech in debate. See RONR (12th ed.) 33:20.

Edited October 7, 2023 at 03:10 PM by Josh Martin

[J. J.]

While RONR (nor most other parliamentary authorities) does not provide for a specific Q&A period, it is possible for a member (answerer) to indicate in debate that he will yield for questions.  These questions would be a Request for Information (see 33:6 ff.). 

The time would come out of the answerer's time in debate, though the assembly may grant him additional time (43:8).

Despite this not being established as a particular rule, the practice has been named "standing for interrogation."  See " Standing for Interrogation," Parliamentary Journal, January, 2017.   

[Matteo]

Thank you so much for your accurate answers, you've been both very helpful.