27 Oct 2022

Parliament: without notice, but with warning

From The House , 6:55 pm on 27 October 2022

Today Parliament begun its day with MPs agreeing on a motion. Actually that happens pretty often. 

Today’s was put by Labour MP and Minister of Foreign Affairs Nanaia Mahuta (but originally from Iranian Kiwi Golriz Ghahraman). 

“I move, That this House note the bravery of women and the people of Iran exercising their right to protest for women's rights and democracy; call for a thorough, independent, and prompt investigation of recent deaths of people in the custody of Iranian authorities including the Morality Police; and condemn the Iranian authorities' suppression of protestors and journalists, making clear our view that the use of violence in response to the expression of fundamental human rights by women or any other members of Iranian society is unacceptable.”

Labour MP Nanaia Mahuta, Minister of Foreign Affairs, and Local Government

Labour MP Nanaia Mahuta, Minister of Foreign Affairs, and Local Government Photo: ©VNP / Phil Smith

Explaining motions

That motion is pretty self-explanatory, but the idea of that kind of motion and the variations on it are not. So here’s an attempt at a quick explanation.

That motion was put “without notice”, but let’s deal with the motion part first.  

Motions are actually common as muck in Parliament. Every proposal an MP makes in the House is a Motion. To “move a motion” is just a formal and slightly archaic way of saying to “make a proposal”.

A minister suggesting that a Bill be read for a first, second or third  time - that’s a motion. A government whip implying that surely it’s time to vote already (or more formally “that the vote be now put”) - that’s a motion. An MP initiating the General Debate, etc, etc. 

Motions with notice and motions without notice 

Some motions are “with notice” like the reading of a bill, while others are allowed to be sprung on the House without warning (like asking for a vote during the committee stage). 

“With notice” only means they are listed on Parliament’s agenda - the Order Paper. 

If you read one you’ll realise that most things on the Order Paper are initiated with a motion and are all with notice (obviously). But these motions on topics that sometimes start the day, like the one on Iran, have a different purpose. 

You could think of these motions as being like Parliament’s public notice board. It’s where the MPs vote to give acclaim, infamy or acknowledgement to something:  an anniversary, an achievement, a disaster.

For example, in a couple of weeks the MPs will surely be metaphorically slapping the backs of the Black Ferns and Black Caps for winning both their respective world cups. Minister of Sport Grant Robertson is just itching to put that motion on the Order Paper. 

By the way - these ‘we agree on this’ type of motions are always already worded as a ‘resolution of the House’ so that if they are agreed they are a statement made by Parliament. 

Quiet notice and House notice, with notice and without

Within these resolution, notice-board motions, there are two broad kinds that are treated quite differently. 

“With notice” and “without notice”. On the order paper or not. 

Government motions with notice have their own section on the Order Paper. The Leader of the House can decide to pop them into the items of business to be considered in the House. 

But any MP can proffer a motion on notice - and it too will be added to the Order Paper. It will though sit at the very bottom of the Order Paper for a week, will likely never be mentioned in the House and then will drop off into the void. Those ones are usually put forward by constituent MPs and are very local - things like “congrats to Acheron and Lethe Jones of Styx, Christchurch on their 50th wedding anniversary”. 

That’s nice but not very public. Any MP can also suggest a motion without notice be considered in the House, but doing so is actually against the rules. So it can only occur if every MP present agrees. 

So before they put the motion they have to “seek leave”. 

Today’s motion was that kind of motion. If it is agreed, that kind of motion comes with the gravitas of happening as the result of not just a majority agreement but a unanimous one.

Today, the vote on the motion was also unanimous. Or to put it another way - there wasn’t a single MP present today that didn’t think it reasonable to condemn Iran for its reprehensible actions.

Prepare for a surprise

The weird thing about motions without notice is that the House frowns on MPs randomly seeking leave. They are strongly encouraged not to. The other MPs don’t like having things sprung on them (so are less likely to agree), and it could lead to a chaos of motions and counter-motions.

So, if an MP intends to seek leave for a motion without notice - they tell everyone beforehand  and while they’re at it make sure everyone will agree. Because no-one wants to be slapped down.

So motions with notice are proposals put forward with warning; and motions without notice are also proposals put forward with warning (and possibly with negotiation, and apparently political and personal argy-bargy). 

Parliament’s motions are spoiler alerts all the way down.