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The Parliament | Crown Colony of East Plate

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The Parliament of East Plate


Parliament of East Plate
- IV Legislature -


GENERAL ASSEMBLY OF EAST PLATE

Type

Bicameral

Chambers⠀⠀⠀⠀

Legislative Council
House of Representatives

Founding

24 May 1858
(first sitting)

Monarch

Queen Victoria

Speaker
of the House

Sir Nicholas Roman

Speaker
Legislative

Sir Richard Holgate

Black Rod

Philip Bowler

The General Assembly of East Plate (Spanish: Asamblea General del Plata Oriental), usually known as "The Parliament," is the legislature of East Plate. It is seated in the Parliament House, located in the city of Montevideo, and composed of a total of three parts: the Queen (represented by the Governor, and usually known as the Crown-in-Parliament), the Legislative Council and the House of Representatives. The Eastplatine parliament was established by the East Plate Constitution Act of 1858, an act by the British Parliament that effectively awarded the colony self-government, although unofficially, the colony already conducted a great portion of its activities independently from Britain since its annexation to the empire through the Legislative Council of Montevideo, a predecessor to the current parliament directly appointed by the governors of East Plate.

The Parliament of East Plate remains subordinate to the British Parliament, which is the supreme legislative authority for the entire British Empire. Nonetheless, the Eastplatine Parliament has been receiving progressively more control over Eastplatine affairs through the passage of Imperial laws such as the Colonial Laws Validity Act 1865, which confirmed that colonial legislation was to have full effect within the colony, limited only to the extent that it was not in contradiction with any act of the British Parliament that contained provisions intended to include the colony itself. That, together with various constitutional amendments, and an increasingly hands-off approach by the British government, have made the Eastplatine Parliament the absolute authority in the colony.

The governor, on behalf of the monarch, summons and appoints the 20 members of the Legislative Council on the advice of the Colonial Secretary. Legally, only land-owning males, with university education, or members of the British peerage, may be appointed as members of the Legislative Council. Meanwhile, the 55 members of the House of Representatives (commonly known as MPs) are elected by the enfranchised people of East Plate using a first-past-the-post system, with each member representing one of the 51 electorates of East Plate, which are geographical divisions within each province containing a similar number of voters (not to be confused with the total population of each electorate). A total of 4 MPs represent the University Electorates, being elected by the alumni of the universities contained within each of these electorates. Any male "subject of the Queen" who is at least 21 years old and a resident of East Plate may become an MP.

As per the traditions of the Eastplatine parliament, as well as by constitutional convention, the House of Representatives is the dominant chamber within the parliament, being the chamber where most bills originate. A big portion of all bills are put forward by members of the government cabinet (known as "government bills"), while a minority is proposed by individual MPs outside the cabinet (known as "private members' bills"). The Legislative Council, on the other hand, legislates from a less partisan standpoint than the House of Representatives, and is intended to act as a revising chamber, scrutinising and amending bills which are passed by the House of Representatives, although it can also initiate bills (with the exception of money bills, which are bills proposing an expenditure or levying a tax), although it is rare for it to do so. The House of Representatives has a maximum term of four years, although it can be dissolved early by the Governor, while the members of the Legislative Council serve for life or until their voluntary resignation.

Before any law is passed, it is first introduced in Parliament as a draft known as a bill. In order for a bill to become law, it must go through readings in the House of Representatives, each consisting of a minimum of two hours of debate between the MPs regarding the nature of the bill. At the end of each reading, a vote is held to approve or disapprove the bill. If a majority of MPs vote against the bill at any reading, the bill is rejected and goes no further through the process. If the bill is approved, it is sent to the Legislative Council, which reviews and makes any necessary changes to the approved bill as it may see fit, sending it back to the House for another reading. However, the Legislative Council may also approve the bill without any modifications, or reject the bill completely. Generally (but not always, as the approval of the Legislative Council is not always needed) once a bill has the approval of both chambers, it is passed to the Governor, who will (on behalf of the Queen) grant Royal Assent for the bill to become an Act of Parliament (statutory law) or refuse Royal Assent (defeating the bill).

Each of the Parliament's two chambers is presided over by a speaker; that for the Legislative Council is a member appointed by the governor, while the equivalent for the House of Representatives is a member of Parliament, who is elected by the other members of that body. Both speakers have the right to vote, but the speaker of the House of Representatives rarely does so in order to maintain impartiality, only exercising his right to vote to break ties (generally voting in favour of maintaining the status quo). The Legislative Council also has a Gentleman Usher of the Black Rod, which is the most senior protocol position in the Parliament of East Plate, being the personal messenger between the legislature and the sovereign or governor. The usher is also a floor officer of the Legislative Council responsible for security in that chamber, as well as for protocol, administrative, and logistical details of important events taking place in the Parliament, such as Royal Assent ceremonies, state funerals, or the investiture of a new governor. The Black Rod is formally appointed by the Crown.


View of the exterior of the Parliament House in 1872

Factions

Formal political parties do not exist within the Eastplatine Parliament, with the members of both chambers running independently and being elected by the Eastplatine electorate, or by the Governor, individually. Nonetheless, factions do exist in the Parliament, with members being divided along their political ideologies, creating distinct blocs of parliamentarians who usually tend to vote similarly and support each other. Despite the anglicization of the politics of East Plate, the main political factions find their origins within the defunct Oriental Republic and the Spanish era of the colony. The Colorado faction finds its origins in the first formal government of the Oriental Republic and Fructoso Rivera and his control over the biggest cities in the old republic, while the Whites find their origins in Lavalleja's uprising against the rule of Rivera, controlling most of the countryside and gaining the support of the Gauchos. Supporters of Rivera during the Oriental civil war wore red headbands, while supporters of Lavalleja white ones, hence the name of the factions (Colorado, meaning reddish in Spanish).








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The Colorado Faction

The Colorado faction is centred around the biggest cities in East Plate, and is more popular within big populated centres such as Montevideo City, Clarence and Port Williams. Its members are mostly part of the Eastplatine elite, members of the upper class, intellectuals and people with military backgrounds. In general, they are considered to be liberal regarding their ideology.

The Colorados seek the superiority of Montevideo and other big cities in the East Plate over the more rural areas of the country. In the economic aspect, they defend liberalism, free trade, the free navigation of rivers by European ships, the modernization of the financial system and the contracting of loans for the execution of public works. The Colorados also believe in the creation of a strong social security network and promote an advanced set of labour legislation for the time, allowing East Plate to escape from many of the atrocities of the Industrial Revolution, being considered a safe place for workers if compared to Europe.

They are characterised by a marked anticlericalism, seeking the separation of church and state as much as possible, putting them at odds with the Anglican Church of South America, based in Montevideo. The Colorados have been the main promoters of laws such as the limitation of the working day to an eight-hour workday, the prohibition of work for minors under 13 years of age, the introduction of divorce laws, and the right to strike.

Another important aspect of their ideology is the massive support for education. Colonial Secretaries from the Colorado faction usually push for the creation of numerous schools and high schools all around East Plate, believing that education is a right of any British subject, even women. They have created new university careers and pushed for the passage of the Common Education Act 1876 which established compulsory and free education for all children aged 6 to 12.

During the last few years, the Colorado Faction has shown a slight break, generating the Radical Colorados sub-faction, characterised by a much tougher stance with religion, seeking to make science an institution capable of replacing the church completely. Radical Colorados consider that the key to solving all conflicts between individuals and society is the teaching of science to all people. They consider education as a synonym for social regularity, control, progress, stability, etc. They also fight for women's rights, seeking to establish the right to universal suffrage and the right of women to access political positions. The Radical Colorados are currently led by Legislative Councillor José Pedro Varela.









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The White Faction

The White faction finds most of its support in the Eastplatine countryside, especially in the Provinces of Arlesey and the North Blackwater Territory given its historical defence of decentralization based on "white federalism", an ideology that considers all provinces and territories of East Plate as equals, despite differences on development, population and culture. Its vision of a productive country and its fight for the most unprotected inhabitants of rural areas contrast with the centralist vision of the capital city of Montevideo, led by the Colorado faction. The whites are linked to everything rural, to the Gaucho culture, to livestock and with the land.

Regarding the white idiosyncrasy, it is interesting to note that they have traditionally made public discussions and fights almost a registered trademark, in contrast to their historical Colorado adversaries, accustomed to institutional secrecy and political correctness. The whites are the main reason Duel Laws exist in the East Plate despite the intentions of the Colorado faction to abolish them and international rejection. The whites consider that duels are a viable way to restore the honour of a man that has been dishonoured by another, making it legal to kill another man if challenged to a duel under certain circumstances. Duels are common among the lower classes to settle disputes. In rural areas, the so-called Duelo Criollo is a common practice among the gauchos.

The whites have a friendlier approach to the Gauchos and their culture, deemed as "repugnant" by most of the Eastplatine society. Instead of the complete eradication of Gauchos, as proposed by the Colorado faction, the whites seek to accept the differences between the Anglo population and the gauchos, promoting tolerance among the English-speaking people, while encouraging the gauchos to make concessions on their lifestyle to make them more acceptable. The whites also seek to extend the electoral franchise to gaucho men by eliminating the requirement to own land to be able to vote, which is the main factor barring them from voting. They, however, generally do not support universal suffrage.

The Whites mainly defend the agricultural sector. They are linked to traditional political-economic ruralism or agrarianism. They are staunch critics of any attempt at industrialisation due to its "artificiality" which they consider "oppressing for the weakest, in the benefit of the strongest". They defend the primary role of the market and private initiative and showed a visceral mistrust of taxes, qualifying themselves as anti-tariff in international and national economic policy.

Although they are not strong defenders of religion, they do not consider it an enemy, as many within the Colorado faction do. Their stance towards religion is mostly that of not interfering with the affairs of the church. A considerable part of the Whites considers the Church an important institution for maintaining social order and peace, because it acts as a point of union of peoples and as a civilising institution.









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The Rosados Faction

The Rosados are not technically a faction on their own merit. They lack a definite ideology and support policies of both the Colorados and the Whites, hence their name as Rosados (pinks). Traditionally, the Parliament of East Plate has been dominated by the Colorados, however, they are usually not allowed to have free reign over East Plate due to the existence of the Rosados, who will vote down the most radical legislation of the Colorados, while providing the necessary votes for the Whites to pass some of their legislation. This is however not always the case, as there have been Parliaments where the Colorados have managed to get a clear majority, rendering both the Whites and the Rosados incapable of opposing them.

Most Rosados support the ideas of the Colorados regarding education, and combine them with the religious ideas of the Whites, supporting the creation of religious schools where scientific thought and religious doctrine coexist together. They also embrace the more tolerant ideas of the Whites regarding the Gauchos, although most support the peaceful "civilization" of the Gauchos to anglicise them, rather than promoting a more tolerant society.

Like the Colorados, an important part of the Rosados ​​wants to abolish the Duel Laws that the Whites defend. However, their position is similar to that of the Whites, since they defend the right of a man to clear his name when he is dishonoured, however, they propose that this be resolved in the field of justice, proposing the creation of minor courts dedicated exclusively to resolving conflicts between citizens of the colony without the need for bloodshed. For the most part, they are noted pacifists.

Most Rosados believe that changes are necessary to the electoral franchise of East Plate. They support the ideas of the Radical Colorados regarding women, as they consider that women are an integral part of society and therefore must be allowed to participate in the politics of the colony. However, they do not believe that all women, or men, should be allowed to vote. According to most Rosados, voting rights must be reserved for educated people, regardless of their sex and whether they own land. Voting confers a great responsibility, which, according to them, must be only given to those capable of making rational decisions, and will not fall for false or unreal promises.

Economically, the Rosados ​​recognise that the rural areas of the colony are the main source of income, but, unlike the Whites, they consider that the industrialisation of this sector is the key to achieving the development of the colony. Industrialisation must be accompanied by strong labour laws, such as those proposed by the Colorado faction.


The Crown-in-Parliament


Mace of the House of Representatives (left)
Mace of the Legislative Council (right)
All laws in East Plate are in the monarch's name and the sovereign is one of the three components of the Parliament of East Plate. The importance of the monarch in Eastplatine laws is made clear when looking at their structure. In order for a bill to be enacted, it must contain an "Enacting Clause," typically found after the title or preamble, and preceding the provisions of the bill. This enacting clause states the authority under which the bill is enacted, and consists of a simple paragraph which is always the same: "Her Majesty's [or His Majesty's], by and with the advice and consent of the Legislative Council and House of Representatives, enacts as follows:" The hypothetical absence of the enacting clause would automatically render any bill null and void, while its wording also implies that the monarch is immune from acts of Parliament unless expressed otherwise in the act itself (as the law is enacted by him/herself).

Members of the House of Representatives or the Legislative Council must also express their loyalty to the Queen and defer to her authority, as it is required for them to recite an Oath of Allegiance (made on a Bible, or some other book holy to the person) to the monarch before they may take their seats, as determined by Article 20 of the Eastplatine Constitution.

Despite the Crown's importance within the Parliament, neither the Queen nor her representative, the Governor, actively participate in the legislative process save for signifying the monarch's approval of a bill passed by both houses of Parliament. Said activity is known as the granting of Royal Assent, which is a central step in order for a bill to become law, as all bills need to have the monarch's assent in order to be enacted. As the Queen resides in London and is preoccupied with British legislature, Eastplatine bills rarely reach her, with most bills being instead assented to by the governor on her behalf. This, however, does not mean that the monarch never personally assents to Eastplatine legislature. On certain occasions, the governor may defer assent to the sovereign as per the constitution, or the cabinet may expressly request for the sovereign to assent to a bill personally.

In addition, it is the governor, on behalf of the monarch, who is responsible for summoning the Parliament, while either the governor or monarch can prorogue and dissolve the House of Representatives, after which the governor should call for a general election. Another of the tasks of the Crown-in-Parliament is seen when a new parliamentary session is opened. A Policy Address (also known as the Throne's Speech or Gracious Speech) is written by the Eastplatine cabinet and read by the governor (or, occasionally, by another representative of the monarch, such as a member of the royal family) on behalf of the monarch, explaining the reasons for which the Parliament has been summoned, outlining the legislative programme for the new parliamentary session, as well as government objectives and, sometimes, the governor's agenda. A new session of Parliament is not officially open until the Policy Address is read. Like in all other parliaments in the British Empire, the monarch (and therefore, the governor) is not permitted from entering the House of Representatives, and therefore, all activities and events related to the Parliament that demand the presence of the governor, including the reading of the Policy Address, are performed in the Legislative Chamber.

Each house of the Eastplatine Parliament has a ceremonial mace to represent the Crown, indicating both the authority of the Crown-in-Parliament and the privilege granted to that body by the Queen, as well as the authority of each chamber. Both maces are 1.5 metres long and made of sterling silver coated with 18-carat gilt gold, bearing a crown on their apex. They have both been in use since 1860, two years after the formation of the Parliament, when they were delivered to the colony from London. By convention, the two houses of parliament can't perform their duties if their respective mace is not within the chamber.

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Queen Victoria
Monarch of the United Kingdom


The Marquess of Dalworth
Governor of East Plate

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The Legislative Council

Legislative Council of East Plate



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⠀LEGISLATIVE COUNCIL OF EAST PLATE⠀

Type

Upper House of the
General Assembly

Speaker⠀⠀⠀⠀

Sir Richard Holgate

Seats

20

Appointed

Governor on the
advice of the Colonial
Secretary

Term

For life
(or resignation)

⠀COMPOSITION⠀

The Legislative Council of East Plate is the upper house of the General Assembly. It is modelled after the British House of Lords and consists of 20 members appointed by the governor for life-long terms, generally on the advice of the Colonial Secretary, meaning that effectively, the Government of the day elects the Legislative Councillors. While the Legislative Council is the upper house of parliament and the House of Representatives is the lower house, this does not imply the former is more powerful than the latter. It merely entails that its members and officers outrank the members and officers of the House of Representatives in the order of precedence for the purposes of protocol. As a matter of practice and custom, the House of Representatives is the dominant chamber. The Legislative Council meets in the Legislative Chamber at the Parliament House in Montevideo.

The Legislative Council is intended to act as a revising chamber, scrutinising and amending bills which are passed by the House of Representatives. It can nonetheless initiate its own bills, although it is strange. It is prohibited from amending money bills (legislation relating to finance and expenditure). The Legislative Council tends to be less partisan and confrontational than the House of Representatives and is more likely to come to a consensus on issues. It also often has more opportunities to study proposed bills in detail either as a whole or in committees. This careful review process is why the Legislative Council is usually considered the chamber of "sober second thought". The Legislative Council also performs investigative functions.

    Eligibility

The Constitution requires a person to be a "Subject of the Queen", a male, between 21 and 75 years of age and a resident of East Plate in order to be eligible to become a Legislative Councillor. In addition, it is also necessary to be educated, with at least a university degree of any kind expedited by any university within East Plate, the United Kingdom of Great Britain and Ireland, or any of Her Majesty's domains. Legislative Councillors must also own property worth at least £1,000 above their debts and liabilities, a rule introduced to ensure councillors are not beholden to economic vagaries and turmoil. The seats of the Legislative Council are distributed among the territories and provinces of the colony, with each constituent entity receiving 2 seats, regardless of the extension or population of said entity. Councillors must be able to prove residency in the province or territory they represent.

The residency requirement has often been interpreted liberally, with virtually any holding that meets the property qualification, including primary residences, second residences, summer homes, investment properties, and undeveloped lots, being deemed acceptable to satisfy the residency requirement. Usually, as long as a councillor lists a qualifying property as a residence, no further efforts are typically undertaken to verify whether they actually reside there in any meaningful way.

Upon a vacancy, the governor is free to decide whether to appoint or not a new Councillor to the Legislative Council, as vacancies do not necessarily have to be filled immediately. This is the main strategy used by governors to reject the appointment of a councillor when the Colonial Secretary attempts to nominate someone who is not of the linking of the governor. The governor may try to delay the appointment of the new councillor until the Colonial Secretary gives up his intentions, or his term in office is up and is replaced by a new Colonial Secretary, who may not wish to appoint the same undesired councillor.

A sitting councillor can be disqualified from holding office if they:

  • fail to attend two consecutive sessions of the Legislative Council without justification;

  • become a subject or citizen of a foreign power;

  • declare bankruptcy;

  • are convicted of treason; or

  • cease to be qualified in respect of property or residence

    Current Membership

The Legislative Council currently has no vacancies and is dominated by the Colorado Faction with 10 members, followed by the White Faction with 8 (of whom one is the speaker) and the Rosado Faction with 2. Councillors Paul Belcher, Stephen Coleman, David Tuff and Jon Squire have been members of the Legislative Council since its first sitting, while José Pedro Varela is the newest member to be appointed, and coincidentally, also its most radical member. The average age of the current Legislative Council is 55 years old.

The totality of Legislative Council members can speak English, with no Spanish interpreters being needed. This has been the case since the first sitting of the Council, probably due to the requirement to have some kind of university education to be able to be part of it. However, Lorenzo Batlle, José Eugenio Ellauri and José Pedro Varela can speak Spanish and consider it as their main language. Samuel Fisher Lafone, although of British origins, can also speak Spanish.

The following is a list of all 20 members of the current Legislative Council:

Councillor

Faction

Appointed

Representing

Rt. Hon. Paul Belcher

Colorados

24 May 1858

Province of New Surrey

Rt. Hon. Stephen Coleman

Whites

24 May 1858

Dependency of Falkland Islands

Rt. Hon. David Tuff

Whites

24 May 1858

Province of Midfield

Rt. Hon. Jon Squire

Whites

24 May 1858

Province of Arlesey

Rt. Hon. Samuel Fisher Lafone

Colorados

13 November 1859

Dependency of Falkland Islands

Rt. Hon. Paul Johnson

Rosados

17 September 1861

Province of New Oldenburg

Rt. Hon. William Goldie

Whites

22 March 1862

Province of Eastwood

Rt. Hon. Martin Dennison

Whites

15 November 1863

Province of New Oldenburg

Rt. Hon. José Eugenio Ellauri

Colorados

11 May 1865

Province of Eastwood

Rt. Hon. Peter Fox

Colorados

11 May 1865

Province of Midfield

Rt. Hon. James Wootton

Rosados

12 May 1865

Province of New Oldenburg

Rt. Hon. Norris Lawton

Whites

24 April 1866

North Blackwater Territory

Rt. Hon. Richard Holgate
(Speaker)

Whites

19 August 1866

North Blackwater Territory

Rt. Hon. Philip Hunt

Whites

20 August 1866

Province of Arlesey

Rt. Hon. Stephen Dennison

Colorados

27 June 1868

Province of Enfield

Rt. Hon. Lorenzo Batlle

Colorados

12 August 1869

Province of Billingham

Rt. Hon. David Evans

Colorados

15 February 1870

Capital Territory

Rt. Hon. David Dutton

Colorados

11 March 1870

Province of Billingham

Rt. Hon. Paul Hooker

Colorados

15 October 1871

Province of New Surrey

Rt. Hon. José Pedro Varela

Radical
Colorados

12 November 1871

Capital Territory

The Legislative Chamber
    Procedure

The Legislative Council meets in the Legislative Chamber of the Parliament House in Montevideo. At the end of the chamber is the Speaker's Dais, where the speaker of the Legislative Council sits to preside the sessions of the Council. In front of the dais is the Table of the Council, where various of the Council's clerks sit, and ahead of the table are two rows of eight desks with two seats each, separated by a centre aisle, followed by a single column of three desks, with two desks aligned with each of the two previously mentioned rows and a middle desk perfectly aligned with the central aisle. Councillors supporting the government sit on the row of desks located at the right of the Speaker's dais, while councillors belonging to the opposition take a seat on the left. Councillors belonging to the Rosado Faction sit on the final column of three desks, as to denote their nature as supporters of both the Colorado and White faction. Surrounding the Councillor's desks are a series of smaller desks used by minor clerks, observers and any other person who may be invited to the Council.

Sittings of the Council can't start until the ceremonial mace of the Legislative Council is placed over the Table of the Council by the Gentleman Usher of the Black Rod who enters the chamber followed by the Speaker after all councillors have taken their seats. Once the mace is correctly placed over the table the sitting officially starts, and when the mace is removed, whether intentionally or not, the sitting is automatically adjourned or recessed. When the monarch, governor or any other representative of the monarch is inside the Legislative Chamber, the mace must be hidden from view (typically with a piece of cloth), but not removed from the table.

In the Legislative Council, members do not need to seek the recognition of the presiding officer before speaking, as is done in the House of Representatives. If two or more Councillors simultaneously rise to speak, the Council decides which one is to be heard by acclamation, or, if necessary, by voting on a motion. Often, however, the Speaker of the Legislative Council will suggest an order, which is thereafter generally followed. Speeches in the Legislative Council are addressed to the Council as a whole ("My Councillors") rather than to the presiding officer alone (as is the custom in the Lower House). Members may not refer to each other in the second person (as "you"), but rather use third person forms such as "the noble Councillor", "my noble friend", etc.

Each member may make no more than one speech on a motion, with the exception of the mover of the motion, which may make one speech at the beginning of the debate and another at the end. Speeches are not subject to any time limits in the Legislative Council; however, the Council may put an end to a speech by approving a motion "that the noble Councillor be no longer heard". It is also possible for the Council to end the debate entirely, by approving a motion "that the Question be now put" (known as "Closure"). Once all speeches on a motion have concluded, or Closure invoked, the motion may be put to a vote. The Council votes by voice vote; the Speaker puts the question, and the Councillors respond either "content" (in favour of the motion) or "not content" (against the motion). In order for a vote in the Council to be valid, the Constitution of East Plate requires a quorum of at least five members of the Legislative Council to be present, including the Speaker.

    Officers of the Legislative Council

The Legislative Council relies on administrative and procedural support to function efficiently and be able to perform its tasks in accordance with the Constitution of East Plate and parliamentary customs. This support is given to the Council by several non-member, and non-voting officers, as well as by councillors who are assigned special tasks within the Council. These officers provide the Council with support regarding, but not limited to: security, procedure, financial administration, human resources and communications.

Legislative Clerks

The Legislative Clerks are a series of apolitical civil servants who attain their position via promotion and retain said positions until retirement. Most clerks attend all sittings of the Legislative Council, partaking in different functions according to their rank. The most senior clerk, known as the Clerk of the Parliaments (or Chief Clerk), sits at the Table of the Council in all sittings of the Council, together with his deputy, the Clerk Assistant, and the Reading Clerk. The three of them are known as the Clerks of the Table. While the Clerk of the Legislative Council is appointed by the Governor of East Plate and reports to the Speaker, the other two clerks of the table are appointed by the Speaker and report to the Chief Clerk. In addition to the clerks of the table, there are other senior clerks who play a central role in the functioning of the Legislative Council who are appointed by the Governor and report to the Speaker, such as the Law Clerk. The other senior clerks, together with other minor clerks and assistants typically take their seats at the desks surrounding those of the Councillors, although they do not always attend to the sittings.

Clerk

Position

Main task

CLERKS OF THE TABLE

Frederick Augustus McCord

Clerk of the Parliaments
(or Chief Clerk)

• Provision of procedural advice to councillors based on the rules of debate
• Keep custody of documents received/produced by the Council
• Return bills to the House of Representatives
• Pronounce the Royal Assent of bills

Gustavus Wicksteed

Clerk Assistant

• Assist the Clerk of the Parliaments in all his duties
• Make written records of proceedings
• Other functions that the Clerk of the Parliaments may assign to him

John Forbes MacNeill

Reading Clerk

• Record the daily attendances
• Administer oaths of allegiance
• Read bills, motions, and other papers before the Council
• Keep track of changes to legislation made on the floor
• Other functions that the Clerk of the Parliaments may assign to him

OTHER SENIOR CLERKS

Charles Broughton Boydell

Law Clerk

• Provide non-partisan legal services in relation to the legislative process
• Provide confidential legal services to councillors
• Provide advice on the privileges, immunities, and powers of Parliament
• Provide legal advice on the drafting of private members' bills
• Provide legal advice on the publication of private members' bills


The Eastplatine Black Rod
Gentleman Usher of the Black Rod

The Gentleman Usher of the Black Rod is the most senior protocol position in the Eastplatine Parliament, as well as a floor officer of the Legislative Council. His position (and his duties) are modelled after the Gentleman Usher of the Black Rod of the House of Lords of the United Kingdom. The Usher is typically a high-ranking member of the Eastplatine Armed Constabulary and is appointed by the Governor of East Plate, and remains in office at the governor's pleasure. The Gentleman Usher of the Black Rod is tasked with many ceremonial duties, overseeing protocol, and administrative and logistical details of important events in the Legislative Chamber. He is also in charge of controlling access to and maintaining order within the Legislative Chamber and its precincts, as well as for the security within the Legislative Chamber and its galleries. He is present in the Chamber during the sittings and is charged with permitting or denying entry to the Chamber if the Council or the Sovereign so orders.

As the senior parliamentary protocol officer, the Usher is responsible for coordinating the ceremonies that take place within the Legislative chamber, which are most of the ceremonies of the Parliament, as the Governor or other representatives of the Sovereign are not allowed to enter the House of Representatives, and their participation is usually required during ceremonies. As the keeper of the ceremonial mace of the Legislative Council, he is responsible to bring the mace into the chamber at the beginning of each sitting (during the Speaker's Parade), as well as participating in the Opening of Parliament, where he summons the House of Representatives into the Legislative Chamber to hear the Policy Address by knocking three times on the doors of the House (which until then remain locked, as a symbol of the House's independence from the Sovereign) with the base of the Black Rod, an ebony and gold staff of office displaying a shield decorated with the royal cypher of Queen Victoria. Upon being granted access to the House, he is tasked to escort the Members of Parliament in procession to the Legislative Chamber. The same ritual is performed again if, for any reason, the presence of the MPs is needed in the Legislative Chamber.

The Usher is also the personal attendant and messenger to the Queen and Governor when they are at parliament, tasked to greet the Sovereign or her representatives at the doors of the Parliament, as well as being a central part of the welcoming party for all visiting dignitaries. The Usher is also the person responsible to inform the Governor of all the happenings in the Legislative Council, and bringing to him all bills approved by the Council and House of Representatives that need Royal Assent.

The Speaker's Parade
The Speaker

The Speaker of the Legislative Council (known as the Orador del Consejo in Spanish) is the presiding officer of the Legislative Council, appointed by the Governor from among the members of the Council and stays in office at the Governor's pleasure. Aside from being the highest-ranking official in Parliament, the Speaker of the Legislative Council is also among one of the most important people in the colony, taking precedence only after the monarch, the governor, members of the British Royal Family, former governors and the Colonial Secretary in the Eastplatine Order of Precedence. As such, is stylised as "The Right Honourable, the Vice-Secretary, Speaker."

His position is based on that of the Lord Chancellor of the House of Lords of the United Kingdom, and therefore, he is unique among other parliamentarian speakers from other countries (and different from the Speaker of the House of Representatives), as he is expected to be partisan, having, at all times, the right to cast votes and participate in debates. This is also due to the nature of the Legislative Council itself. As the Council is made up of two councillors representing each province and territory of East Plate, depriving the Speaker of his right to vote would also deprive one province of being properly represented. He is also considered to be equal to the rest o the Councillors while in the Legislative Chamber, meaning that, despite presiding the Council, his orders can be challenged by any of his fellow Councillors, and overruled by a vote, with all decisions made by him being non-binding unless a majority of the Councillors agree with them.

The Speaker is generally responsible for upholding the rules of parliamentary procedure, as well as maintaining order in the Council. He also has various administrative functions within the Parliament, such as overseeing its organisational structure and presiding over the budget committee, which administers the Parliament's budget. Finally, he also plays important ceremonial duties, such as the Speaker's Parade at the start of sittings, where he, together with the Clerks of the Table and the Gentleman Usher of the Black Rod (carrying the mace of the Legislative Council) parades around the halls of Parliament House before entering the Legislative Chamber, while the bells of the Metropolitan Cathedral of Montevideo (located in front of Parliament House) are rung, signalling the Councillors that they are being summoned to the Chamber.

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The Right Honourable Richard Holgate
Speaker of the Legislative Council


Lieutenant-Colonel Philip Bowler
Gentleman Usher of the Black Rod

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House of Representatives of East Plate

House of Representatives
of East Plate




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⠀HOUSE OF REPRESENTATIVES⠀

Type

Lower House of the
General Assembly

Speaker⠀⠀⠀⠀

Sir Nicholas Roman

Seats

55

Appointed

British Subjects
of East Plate
(FPTP system)

Term

4 years
(or resignation)

⠀COMPOSITION⠀

The House of Representatives of East Plate is the lower house of the Parliament of East Plate. The House of Representatives is a democratic body modelled after the British House of Commons, consisting of representatives known as members of parliament (MPs), of which there are normally 55. As a democratic institution, the primary role of the House of Representatives is to provide representation for the people and to pass legislation on behalf of the people, provide ministers to form the Cabinet, elect the Colonial Secretary, and supervise the work of the government. It is also responsible for adopting the colony's budgets and approving the state's accounts. The debating chamber of the House of Representatives is located inside Parliament House in Montevideo, the capital city. Sittings of the House are usually open to the public, but the House may at any time vote to sit in private. The debating chamber of the House of Representatives is the only place where the Queen and all members of the Royal Family, as well as their representatives, are barred from entering.

Elections usually take place every four years using a first-past-the-post system. 51 MPs are elected directly in geographical electorates which contain an approximately equal number of franchised people allowed to vote living inside their borders. 4 extra MPs are elected from University Electorates, where all men who had finished certain university careers are allowed to vote. As a result, a big portion of educated men actually cast two votes, giving them more influence over the final makeup of the Eastplatine House of Representatives. Despite women not being allowed to participate in East Plate's political life, a small number of women have managed to cast their vote through the University Electorates due to the vague wording of the laws that instituted them.

    Elegibility

Elegibility laws to become a member of the House of Representatives are less demanding than those existing for the Legislative Council. The Constitution requires that a person be a "Subject of the Queen", a male, at least 21 years of age and a resident of East Plate in order to be eligible to become an MP, although significant amounts of funding are needed to run a successful election, so owning land and being relatively well-off is an indirect requirement. No education requirements are needed to become an MP, with the exception of the MPs elected by University Electorates, which need to have a university degree of some kind. Bankruptcy is not grounds for disqualification from office.

    Procedure

The arrangement of the chamber of the House of Representatives is similar to the design of the Chamber of the British House of Commons and the Eastplatine Legislative Council. The seats are evenly divided between both sides of the Chamber, three sword-lengths apart (about three metres). The Speaker's Chair is at the north end of the Chamber. In front of it is the Table of the House, where various "Clerks of the Table" sit. Members of the Government sit on the benches on the Speaker's right, while members of the Opposition occupy the benches on the Speaker's left.

Similarly to the traditions of the Legislative Council, before a sitting can officially start, the mace of the House of Representatives must be brought to the chamber by the Serjeant-at-arms and placed in the Table of the House (with the crown pointing towards the Colonial Secretary and his cabinet), who are accountable to this chamber. The removal of the mace, for any reason, terminates the sitting. The East Plate Constitution Act, 1858 establishes a quorum of a third of the total membership for the House of Representatives (18 members), including the Speaker. Any member may request a count of the members to ascertain the presence of a quorum; if however, the speaker feels that at least eighteen members are clearly in the Chamber, he may deny the request. If a count does occur, and reveals that fewer than eighteen members are present, the speaker orders the bells of the Metropolitan Cathedral of Montevideo to be rung, so that other members of the House may come to the Chamber. If, after a second count, a quorum is still not present, the speaker must adjourn the House until the next sitting day.

During debates, members may only speak if called upon by the Speaker. The Speaker is responsible for ensuring that members of all factions have an opportunity to be heard. The speaker also determines who is to speak if two or more members rise simultaneously, but his decision may be altered by the House. Motions must be moved by one member and seconded by another before the debate may begin. Some motions, however, are non-debatable.

Speeches may be made in either English or Spanish, and it is customary for bilingual members of parliament to respond to these in the same language they were made in. It is common for bilingual MPs to switch between languages during speeches. Members must address their speeches to the presiding officer, not the House, using the words "Mr. Speaker" (Spanish: Señor Orador). Other members must be referred to in the third person. Traditionally, members do not refer to each other by name, but by electorate or cabinet post, using forms such as "the honourable member for [electorate]"

When the debate concludes, the motion in question is put to a vote. The House first votes by voice vote; the presiding officer puts the question, and members respond either "yea" (in favour of the motion) or "nay" (against the motion). The speaker then announces the result of the voice vote, but if five or more members challenge his assessment, a recorded vote (known as a division) is forced. First, members in favour of the motion rise, so that the clerks may record their names and votes. Then, the same procedure is repeated for members who oppose the motion. There are no formal means for recording an abstention, though a member may informally abstain by remaining seated during the division. If there is an equality of votes, the speaker has a casting vote.

Based on British tradition, the longest continuously serving member in the House holds the unofficial title "Father of the House".

Electorate

Population

Representative

Faction

Province of Arlesey

1

Electorate of Arlesey

11.400

The Honourable Samuel Arnold

Whites

North Blackwater Territory

2

Electorate of the Blackwater

16.400

The Honourable Joshua Bailey

Whites

Province of New Surrey

3

Electorate of Bannister Hughes

13.060

The Honourable Sidney Beagley

Whites

4

Electorate of Kincardine

15.570

The Honourable Henry Brown

Whites

5

Electorate of Alfreton

13.344

The Honourable John Brown

Whites

6

Electorate of Bilston

8.600

The Honourable James Butterly

Whites

7

Electorate of Port Lewis

19.026

The Honourable Robert Campbell

Colorados

Province of Billingham

8

Electorate of Bleakburn

15.180

The Honourable Walter Cheal

Colorados

9

Electorate of Easthallow

15.560

The Honourable Frederick Crowder

Whites

10

Electorate of Warcester

9.160

The Honourable Robert Dickson

Rosados

11

Electorate of Woodhurst

9.400

The Honourable Thomas Downie

Whites

12

Electorate of Avonlea

10.460

The Honourable Gilbert Blythe

Whites

13

Electorate of Aeston

8.560

The Honourable George Edney

Colorados

14

Electorate of Barmwich

10.860

The Honourable John Fallon

Rosados

15

Electorate of Lerwick

7.360

The Honourable Albert Fisher

Colorados

16

Electorate of Clarence Central

26.460

The Honourable Samuel Goldsmith

Colorados

Province of New Oldenburg

17

Electorate of Whitelocke

8.700

The Honourable Daniel Adams

Rosados

18

Electorate of Maldonado

9.160

The Honourable Henry Albert

Rosados

19

Electorate of Thamefron

8.200

The Honourable Richard Carroll

Whites

20

Electorate of Alderrdeen

7.900

The Honourable James Clark

Rosados

21

Electorate of East Point and Port Williams

31.980

The Honourable William Cooksley

Colorados

22

Electorate of Lavalleja

8.460

The Honourable Arthur Coppock

Whites

Province of Midfield

23

Electorate of Barsetshire

10.000

The Honourable Herbert Gooder

Whites

24

Electorate of Peachland (Durazno)

9.400

The Honourable Herman Gooding

Whites

Province of Eastwood

25

Electorate of Peterborough

11.600

The Honourable Joseph Crewe

Whites

26

Electorate of Silverkeep

12.400

The Honourable Alfred Durling

Whites

Province of Enfield

27

Electorate of Mirefield

11.600

The Honourable Frederick Holtom

Whites

28

Electorate of Bredon

11.560

The Honourable William Jackson

Whites

29

Electorate of Warrington

11.200

The Honourable John Jones

Whites

30

Electorate of South Plymouth

20.040

The Honourable Nicholas Roman (Speaker)

Colorados

Dependency of Falkland Islands

31

Electorate of The Falklands

2.200

The Honourable James Jope

Whites

Capital Territory

32

Electorate of Western Silver Railway

10.600

The Honourable James King

Rosados

33

Electorate of Ambrosio de Lezica

10.400

The Honourable Theodore Campbell

Colorados

34

Electorate of White Straws

10.900

The Honourable Joseph Lee

Colorados

35

Electorate of Hill Village

11.400

The Honourable Charles Litchford

Colorados

36

Electorate of Tomkinson

12.000

The Honourable Donald MacLean

Colorados

37

Electorate of Stewart

11.400

The Honourable John Magan

Colorados

38

Electorate of Huskinson

11.800

The Honourable John Martin

Colorados

39

Electorate of Central Uruguay Railway

10.500

The Honourable Walter May

Rosados

40

Electorate of ldelfonso García

11.500

The Honourable William Nelson

Rosados

41

Electorate of Carrasco Wetlands

11.300

The Honourable George Orme

Colorados

42

Electorate of Carrasco Creek

15.200

The Right Honourable Sebastian Lockhart (Colonial Secretary)

Colorados

43

Electorate of Auchmuty

15.700

The Honourable Grayson Hayes

Colorados

44

Electorate of Piria

15.800

The Honourable William Pollock

Colorados

45

Electorate of Lafonia

15.120

The Honourable Ishmael Richards

Colorados

46

Electorate of Queen Victoria

15.700

The Honourable Edwin Richardson

Colorados

47

Electorate of Prince Albert

14.200

The Honourable Ezekiel Sawyer

Colorados

48

Electorate of San Felipe y Santiago

17.120

The Honourable George Shepherd

Colorados

49

Electorate of Queen's Wells

13.400

The Honourable Harry Siddall (Father of the House)

Colorados

50

Electorate of Williamsburg

10.000

The Honourable George Simons

Colorados

51

Electorate of Eastbourne

9.960

The Honourable Theodore Campbell

Colorados

University Electorates

52

Electorate of The University College of Montevideo

Not applicable

The Honourable Fredreck Stephen

Colorados

53

Electorate of The University College of Alberton

Not applicable

The Honourable Charles Tansley

Colorados

54

Electorate of The University College of Port Lewis

Not applicable

The Honourable George Thompson

Colorados

55

Electorate of Victoria University College

Not applicable

The Honourable Walter Tyas

Rosados

    Officers of the House of Representatives

Like the Legislative Council, the House of Representatives also relies on administrative and procedural support to function efficiently and be able to perform its tasks in accordance with the Constitution of East Plate and parliamentary customs. This support is given to the House by several non-member, and non-voting officers, as well as by MPs who are assigned special tasks within the House. These officers provide the House with support regarding, but not limited to: security, procedure, financial administration, human resources and communications. As the House of Representatives has more members than the Legislative Council and is closely related to the functions of the executive power (as the cabinet and the Colonial Secretary are elected from its members), the number of officials working for it is considerably bigger.

Clerks of the House of Representatives

Much like the Legislative Clerks, the Clerks of the House of Representatives are also a series of apolitical civil servants who attain their position via promotion and retain said positions until retirement. Most clerks attend all sittings of the House of Representatives, partaking in different functions according to their rank. They perform functions analogue to those carried by the Legislative Clerks, although adjusted to the procedure and functioning of the House of Representatives. All senior clerks are appointed by the governor, while minor clerks may be appointed by their superior clerk or by the Speaker. Essentially, all clerks of the Legislative Council have their equivalent in the House of Representatives, although they are outranked by the clerks of the Council for ceremonial customs. The Clerk of the Parliaments receives the name of Under Clerk of the Parliaments in the House of Representatives to denote the superiority of the former.

Clerk

Position

Main task

CLERKS OF THE TABLE

John Langton

Under Clerk of the Parliaments
(or Under Chief Clerk)

Equivalent to the Clerk of the Parliaments in the Legislative Council

John Lorn McDougall

Clerk Assistant

Equivalent to the Clerk Assistant in the Legislative Council

Edward Davenport Sutherland

Reading Clerk

Equivalent to the Reading Clerk in the Legislative Council

OTHER SENIOR CLERKS

James J. Macdonell

Law Clerk

Equivalent to the Law Clerk in the Legislative Council


Andrew Maxwell Henderson
Auditor-General of East Plate
Auditor-General of East Plate

The Auditor-General is a senior civil servant and officer working for the House of Representatives and reporting directly to the Speaker of the House of Representatives, and occasionally to the Speaker of the Legislative Council. The Auditor-General is appointed by the Governor on the advice of the House of Representatives (who must elect one with at least two-thirds of the total attendance voting affirmative) for a 10-year period, without chance of renewal. He is responsible for auditing public bodies (ministries, Crown corporations, and other government organisations such as universities, colleges, schools and health authorities), proving assurance that public entities are operating, and accounting for their performance, according to Parliament's intentions, as they get their funding and powers from the Parliament.

In addition to overseeing the scrutiny of how public money is spent and conducting annual audits, the Auditor-General carries out performance audits (analysing how a public body may increase its effectiveness and reduce costs, considering legislative and policy compliance) and inquiries requested by the Parliament or by a group of MPs. He may even audit private organisations if they are subject to criminal investigations potentially involving corruption or members of either the Parliament or other government institutions, or if they are declared to be a "Partner of the Dominion" (a person or private organisation that has entered into a contract with the government for a particular purpose <known as the Dominion Purpose>, receiving public money in exchange of that purpose). When auditing a Partner of the Dominion, the Auditor-General limits himself to scrutinise the operations of the partner in relation to achieving the Dominion Purpose, and will not report other irregularities, even if he detects them.

The Auditor-General does not work alone. A certain number of Audit Clerks work together with him to be able to achieve its objectives. Although he (and his clerks) report to the Speakers of the Parliament, he is not subject to direction from anyone in relation to whether or not a particular audit is to be conducted, the way in which a particular audit is to be conducted or the priority to be given to any particular matter, giving him independence from the executive and parliament. Independence from the government is common throughout other Auditor-Generals of the British Empire, but the Eastplatine one enjoys considerably larger freedoms and independence as a way to fight the widespread corruption inherited from the Spanish Empire during the time East Plate was a Spanish colony.


Lieutenant-Colonel Harry Judson Coghill
Serjeant-at-arms
Serjeant-at-arms

The Serjeant-at-arms is a senior officer of the House of Representatives, largely similar to the figure of the Gentleman of the Black Rod of the Legislative Council. He is appointed by the Governor and remains in office at the Governor's pleasure. Like the Black Rod, the Serjeant-at-arms is tasked to keep order within the Chamber and, if necessary, forcibly remove any members or guests who are overly rowdy or disruptive. He is also responsible for the security of the House of Representatives and the surrounding areas. Due to the nature of his job, the Serjeant-at-arms is usually a member of the Armed Constabulary, a retired soldier, or another official with experience in law enforcement and security. A special characteristic of the Serjeant-at-arms is that he is the only person that is allowed to enter armed to the House of Representatives, typically wearing a sword.

As well as having security responsibilities, the Serjeant-at-arms has ceremonial duties. He is the custodian of the mace of the House of Representatives, and is tasked to bring the mace inside the chamber at the beginning of each sitting, as well as correctly placing it over the Table of the House, thus starting the sitting. In a tradition incorporated from the United States House of Representatives, upon being ordered by the Speaker to do so, the Serjeant may remove the mace from the Table of the House (automatically starting a recess) and present it to any member being disruptive as a final warning before resorting to the forceful removal of the person. Being presented with the mace has no legal implications, but it is usually career-ending as it is considered a great dishonour and even an insult to the Sovereign. Once a meeting has started in the House, the serjeant will usually stand at the door to keep authority and make sure no one else comes in or out (without due justification) until the sitting is over. In addition, during the Opening of Parliament, the Serjeant-at-arms opens the door of the House of Representatives after the Gentleman Usher knocks three times with the back of the Black Rod, and lets him in to summon the MPs to the Legislative Chamber to hear the Policy Address.

Together with his ceremonial duties, he also performs administrative duties. He is the official messenger of all formal messages from the House to the Council, and decides the allocation of office accommodation, furniture and fittings for members' offices, coordination of carriage transport for members and mail services for the House. He also may, together with the Reading Clerk, administer oaths of allegiance to new members of the House of Representatives.



The Honourable Nicholas Roman
Speaker of the House of Representatives
The Speaker

The Speaker of the House of Representatives (known as the Orador de la Cámara de Representantes in Spanish) is the presiding officer of the House of Representatives. Unlike the Speaker of the Legislative Council, he is not appointed by the Governor, being instead an MP elected at the beginning of each new parliament by his fellow members of parliament, although it is not uncommon for the Colonial Secretary to wield great influence over who gets elected as Speaker. All MPs, with the exception of those who willingly remove their names from the ballot, and MPs who are part of the cabinet, can be elected as the Speaker.

The elections are presided over by the Father of the House, and once someone receives a majority of votes in favour, the new Speaker feigns reluctance as he is dragged by his arms to the Speaker's chair by the Colonial Secretary and the Father of the House, in a tradition inherited from British parliamentary customs dating from the days when British speakers risked execution if the news they reported to the king were displeasing.

Despite being regular members of the House, Speakers are expected to perform their office impartially, which means that they are not allowed to cast votes or participate in debates. The only exception to this rule is when a tie happens in the House, with an equal number of "nays" and "yeas." In this case, the deciding vote is given to the Speaker, who is expected to maintain his impartiality by voting for the option that maintains the status quo. This characteristic of the role of the Speaker is sometimes exploited by the political factions of the Parliament when their opposing faction has managed to obtain a very small majority during a general election. When this happens, members of a political faction vote massively for a Speaker belonging to the opposing faction, thus effectively removing one vote from their opponents and making their majority even weaker.

Something like the above described happened during the III Legislature of East Plate, when the Colorado Faction prevented the White Faction from having a majority in the House after they won 28 MPs (opposed to the 24 of the Colorados and 3 of the Rosados). The 24 members of the Colorado Faction voted for Timothy Posada y Soto as Speaker, while five unaware Whites also voted for him, thus electing him as Speaker and de facto reducing the White's members to 27

Decisions made by the Speaker of the House regarding the House's debates, such as the order in which the different MPs may speak, are strictly binding and cannot be overruled. In addition, the speaker also has administrative duties, such as being the representative of the House to the monarch, the Legislative Council and other authorities.

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The Crown Colony of East Plate

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