File n° 33

"The sitting is open”. These words, spoken by the chairman of the sitting at the National Assembly, mark the opening of the essential stage in parliamentary life : the plenary sitting. It is in fact in the Chamber that the M.P.s fully carry out the powers which have been granted to them by the Constitution : passing the law and monitoring Government action. 

The raison d’être of the plenary sitting is to ensure the public nature of debates for without this, the representative system would cease to be a true democracy. In order for the plenary sitting to be run correctly, the main actors, the President of the National Assembly, the M.P.s and the Government, must have a place and a role which are strictly defined and the discussions themselves must respect certain rules.

I. – the sitting is public

“The sittings of the two assemblies shall be public. A verbatim report of the debates shall be published in the Journal Officiel” (article 33, paragraph 1 of the Constitution).

The plenary sitting is, with the exception of certain committee proceedings, the only phase of the legislative procedure which is public. This principle set down by the Constitution finds expression, first of all, in the fact that the general public can sit in the galleries, space permitting, and can attend the deliberations. It also requires the publication of a report in the Journal Officiel. Special facilities are also made available to the press so that they may report on parliamentary proceedings. In addition, the opening-up of the plenary sitting to televised pictures since 1994, the creation of the internet site of the National Assembly and the setting-up of a parliamentary television channel, have all led to the broadening of the “capacity of the galleries” to all citizens.  

1. – The presence of the general public

a) The Galleries and Public Access

The various galleries which surround the Chamber enable the general public to attend the plenary sittings. 273 such seats are available. In addition, 191 seats are reserved for certain official dignitaries as well as for the “official state corps”, in particular, the diplomatic corps and the prefectorial corps. 198 seats are also allocated to journalists of the French and foreign press.

Public access to the galleries is organized by article 26 of the General Instructions of the Bureau of the National Assembly. Thus all the following, upon the verification of their identity, may attend the plenary sitting :

―  The first ten people who appear at the Palais Bourbon ;

―  Those with a ticket for the sitting ;

―  Groups with collective authorization.

b)  Dress code for the General Public

According to article 8 of the General Instructions of the Bureau of the National Assembly, the “general public who are admitted into the galleries must remain seated, heads uncovered and silent. They may consult parliamentary documents concerning the current debate and take notes”. In addition they must make no sign of agreement or disagreement.

c)  An Exception to the Public Nature of Plenary Sittings : the Secret Committee

Article 33, paragraph 2 of the Constitution provides that each assembly may sit in camera upon the request of the Prime Minister or one tenth of its members. This provision was applied for the last time on April 19, 1940.

2. – The official report of the sitting

In addition to the general public’s right to access the Chamber, an official report of the debates is drawn up and is made available to every citizen.

Since 1848, there has been a full official report, which has been included in the Journal Officiel since 1869. 

a)  Documents of the Transcription of Debates

The National Assembly nowadays ensures the public nature of debates by means of two documents :

― The verbatim report represents the minutes of the plenary sitting. Its publication in the Journal Officiel (Débats parlementaires - Assemblée nationale) enables every citizen to be kept informed on the proceedings of the plenary sittings ;

― The official analytical report is written up sitting by sitting, placed on-line on the site of the National Assembly as it is drawn up, and is quickly copied, collected and distributed inside the National Assembly within two to three hours of the end of the debate. It “provides a true and complete but abridged version of the debates”.

b)  The Drawing-up of the Official Reports

These documents are drawn up by two different departments “under the authority of the President of the National Assembly and of the Secretary General of the Assembly and of the Presidency”.

The debate drafters, who are in charge of the verbatim report, are seated at the foot of the speakers’ rostrum. They replace each other every fifteen minutes. They take as detailed notes as possible on the speech of the main speaker without neglecting either interruptions or movement in the Chamber. Then, once they have returned to their office, they draw up a report with the help of a digital recording. The transposition into written language of speeches which are often improvised must respect the thought process of the speaker but nonetheless also requires a certain tidying-up to eliminate the errors, inaccuracies and cumbersome turns of phrase of spoken language. For the legislative part of the debates, the official report must also be in conformity to the rules of procedure.

The work of the writers is reread and, if necessary, corrected by the “heads of sitting” (director or deputy directors) who have, in their own turn, the responsibility of the official report of the sitting they have attended. The speakers may have access to their speeches before publication and may make purely formal modifications to them.

Once it has been definitively drawn up, the official verbatim report of a sitting is made available (on average within 24 hours) on the internet site of the National Assembly and is transmitted digitally to the Journal Officiel which is in charge of its printing. 

The debate secretaries, who are in charge of drawing up the analytical report, use the desks at the foot of the speakers’ rostrum. They replace each other every fifteen minutes. Once their note-taking stint is over they have one and a half hours to rewrite, in an abridged form, the speeches of the speakers. After the analytical report has been reread by an overseer, it is sent, as it is being finalized, to the print shop in the Department of the Official Report and is posted up, page by page in the vicinity of the Chamber. It is available in its entirety within hours of the end of the sitting and is distributed to M.P.s, journalists and the departments. It is made available to the general public in the Boutique de l’Assemblée.

The official verbatim report and the official analytical report are made available on the internet site of the National Assembly in the “Travaux en séance” (proceedings in plenary sitting) section.

3. – The parliamentary press

The National Assembly has a broad policy of openness to the press and media in general. Over 350 French journalists are permanently accredited in the Palais Bourbon, as well as forty of their foreign colleagues from more than twenty countries. 

Both public and private television companies frequently broadcast parliamentary debates and show extracts in their news programmes. Since 1957 television has become a familiar aspect of parliamentary life. In addition, since 1982, Government question time has been broadcast live on the France 3 channel. The broadcasts are shown every Tuesday and Wednesday at 3pm every week during the session. Pictures shot by the National Assembly are made available live and at all times to the channels.

An important step was made by the law of December 30, 1999 which set up “The Parliamentary (TV) Channel”. This is a true civically-minded television channel for both the National Assembly and the Senate and is a consortium of two companies which are legally separate. Its main themes are information, public awareness of civic issues and education and it aims at the broadest possible audience. The cable operators are obliged to carry it and it is available, in addition, through the technology of terrestrial digital television.

The various political groupings must, of course, be dealt with in an equal fashion by the television media. Thus the Bureau of the National Assembly, under whose supervision the broadcasting of debates has been carried out since the law of June 27, 1964, has set up a sub-committee from amongst its own members, to deal more specifically with this question. 

II. – the actors in the debate

The Chamber is above all else a place of work but it is also a type of “haven” for apart from the M.P.s and certain public servants of the National Assembly, only the members of Government and their assistants are permitted entry.

The President of the Republic himself does not have access to the Chamber in accordance with article 18 of the Constitution.

Since 1993 several foreign dignitaries have been received in the Chamber. Since such events are not part of the plenary sittings in the constitutional sense, the sittings are neither declared open nor closed. For the first of such events, there was no dialogue opened between the guests and the M.P.s. However in March 2005, Mr. José Luis Zapatero, President of the Government of the Kingdom of Spain, and in January 2006, Mr. José Manuel Barroso, President of the European Commission, both, after making introductory speeches, answered one question asked by a representative of each political group.

1. – The M.P.s

On June 17, 1789 the representatives of the third estate came together in a National Assembly and invited their colleagues from the nobility and the clergy to join them. This act had huge consequences. Sovereignty was, from then on, shared between the King and the assembled representatives of the Nation. 

Today, the National Assembly has 577 M.P.s^([1]). Under the authority of the President of the National Assembly, the chairmen of the political groups divide the Chamber into sectors at the beginning of each Parliament. Once this division has been carried out, the chairmen allocate a seat within the sector which has been allotted to their group, to each of its members.

It is from this seat that the M.P. will vote by show of hands or by sitting or standing according to the procedures of ordinary law or by electronic vote when there is a public ballot.

It is also from this seat that the M.P. will take the floor after having been so allowed by the chairman of the sitting. The speakers’ rostrum is reserved for speeches considered particularly important. Other speeches are delivered from the benches.

2. – The President of the National Assembly

The President of the National Assembly, or the Vice-President who substitutes him, dominates the Chamber from his chair, perched above the speakers’ rostrum. The chair is that used by Lucien Bonaparte when he presided over the Council of the Five Hundred.

Article 52 of the Rules of Procedure states that “the President opens the sitting, controls the debate, enforces the Rules of Procedure and keeps order. He may, at any time suspend or adjourn the sitting”.

The main principle that he must uphold is to carry out his office outside of all political party considerations. Running the sitting requires the chairman to constantly pay attention so as to bring together two conditions which are absolutely essential to the proper conduct of the proceedings : he must make sure that the Rules of Procedure are observed and yet allow all opinions to be expressed.

The very number of sittings means that the President of the National Assembly can not always chair the proceedings. Thus six Vice-Presidents take turns along with him in the chair. The distribution of these positions is carried out within the Bureau, so as to respect the political make-up of the Assembly.

3. – The Chairman of the sitting

In accordance with the Rules of Procedure, the President opens the sitting. This procedure is not only formal. As long as the ritualistic words “the sitting is opened” have not been spoken, no one has the right to take the floor.

a)  Announcements, before the Examination of the Matters on the Agenda

Before moving to the agenda, the chairman of the sitting announces to the Assembly information which concerns it and then the official messages from the Prime Minister. The chairman may also officially greet, on behalf of the Assembly, any delegation of foreign parliamentarians who may be in the galleries and who have been officially invited by one of the bodies of the Assembly. He may also express the deep feelings of the Assembly following a particularly dramatic event or he may pay homage to the memory of an M.P. who has passed away during his term of office.

b) Chairing the debates

In accordance with article 52 of the Rules of Procedure, the President enforces the Rules of Procedure and keeps order. He gives the floor to the speaker and he may also ask the speaker to conclude when he feels that the Assembly has been sufficiently informed. He may take the floor away from the speaker if the latter strays from the question being debated or, on the contrary, he may allow him, in the interest of the debate, to continue his speech beyond the time limit originally allotted to him.

The President adjourns the sitting and may suspend it, if necessary.

To assist him in his task, the President has information on the speaking time which has passed. This is provided by a timing device. In the case of a need to call for order, he can sound a bell situated on his right or cut off all the microphones in the Chamber. If order is not restored he may suspend the sitting.

The examination of legislative bills (which may entail a large number of amendments) requires great vigilance on the part of the President. He is helped in this task by the public servants of the Table Office who sit behind him. The quality of the way the laws passed are written and even their internal coherence may depend, in fact, on the order in which amendments are called and on their compatibility. 

4. –  The chairmen and rapporteurs of committees

The plenary sitting is the final stage of the parliamentary procedure. The chairmen of committees and the rapporteurs who are appointed by the committees play an essential role in plenary sitting. They have special seats on the “committee bench”.

In fact, the examination of a Government bill begins with the Government speaker, followed by the rapporteur of the lead committee, whilst the examination of a Members' bill begins with the speech of the rapporteur followed by that of the Government representative.

The rapporteur is the centrepiece of the legislative procedure and plays a double role : he studies the bill with a view to its examination by the committee and he presents, in plenary sitting, the positions taken by the committee. His speeches enable the M.P.s to come to an understanding of the bill under discussion. In addition to his general presentation, the rapporteur gives the opinion of the committee on each of the amendments proposed.

The chairman and the rapporteur of the committee they represent have many prerogatives. Thus, they have an unreserved right to speak. They may, by right, request and obtain suspension of the sitting, a vote by division, a vote by public ballot, the reserve, which changes the order of the discussion and second deliberation, whose aim is to ask the Assembly for a final modification of the bill under discussion. They are aided by public servants of the National Assembly.

The rapporteurs pour avis (for opinion) are responsible for presenting the report of the committee which has appointed them and along with the rapporteur of the lead committee have the right to speak on the amendments. They do not, however, have the other powers which the Rules of Procedure grant to the rapporteur of the lead committee.

5. – The chairmen of political groups

Before the debate in the Chamber, the chairmen of the political groups bring their M.P.s together to decide on the position the group will take publicly, to set out the tactics to be followed and to determine how they will vote, especially when it comes to a final ballot.

When the Conference of Presidents decides to place a time limit on a discussion by allotting a particular length of time to each group, the chairmen of the political groups divide this time up between the speakers whom they appoint. During the actual sitting, they may obtain, by right, suspensions of the sitting to bring their group together or public ballots on the decisions they consider to be the most important. In the case of absence they may confer their prerogatives to a member of the group whom they appoint. However, they must be present in person in the Chamber if they wish to request, before a vote, the checking of the “quorum”, i.e. the presence on the premises of the National Assembly of an absolute majority of members of the Assembly. 

6. – The Government

In the first row of benches, beside the committee bench, is the “ministers’ bench”.

The Government is systematically present during the debates. The exceptions are rare (the only cases have been when draft resolutions have been discussed). The Government may speak at any moment. Nonetheless, no matter how important the powers that it has are, the Government must always use them within the rules and customs recognized within Parliament.

In practice, the majority of bills examined by the National Assembly are initiated by Government. They are tabled by the Prime Minister, in accordance with article 39 of the Constitution and are introduced by a minister, “in charge of presenting the case and of supporting the discussion”. In most legislative debates, this minister sits alone on the Government bench.

The Prime Minister asks the National Assembly for its confidence on his Government’s programme or on a statement of general policy. He may also ask for its confidence on the voting of a bill. In addition, in cases where confidence in the Government is called into question by the tabling of a censure motion, it is the task of the Prime Minister to defend his Government’s policy. He may also present the most important bills. Similarly, he may reply to questions put to the Government on issues which he feels may require him to do so from a political point of view.

The Minister in Charge of Relations with the Parliament permanently represents the Government at the National Assembly. He is kept informed of the proceedings of all the debates and makes sure that such proceedings are compatible with the agenda which has been set down. He is the permanent interlocutor with the bodies of the Assembly and attends the weekly meetings of the Conference of Presidents.

The discussion of a Government or a Members' bill is the opportunity for a constant dialogue between the M.P.s and the Government. During this dialogue the Government may take the floor when it so requests and has prerogatives which the Rules of Procedure grant it (similar prerogatives are also granted to the standing committees). Thus upon request the Government will obtain a suspension of sitting, a public ballot, the reserve and a second deliberation. In addition, the Government may in particular use the weapons which the 1958 Constitution grants it : the passing of a bill without a vote (article 49, paragraph 3), the objection of financial inadmissibility (article 41), objection to the discussion of amendments which have not been submitted beforehand to the committee (article 44, paragraph 2), the “block vote” on all or part of a bill under discussion retaining only those amendments proposed or accepted by the Government itself (article 44, paragraph 3).

III. – the running of the debate

The date and the time of sittings are determined by the regulatory and constitutional provisions. The structure of the sitting will depend on the nature of the debate which is to take place. In most cases the sitting will conclude with a vote by the Assembly. The rhythm of the sessions and the sittings will determine the tempo of the plenary sitting.

The discussion of a legislative bill in plenary sitting usually takes place in several phases :

― The general discussion during which the relevant minister will speak, followed by the rapporteur of the lead committee and then, if need be, the rapporteur of the consultative committee and finally the M.P.s who are enrolled and who speak in a predetermined order ;

― The examination of any procedural motions : objection of inadmissibility, preliminary question, motion of referral to a committee (the first two take place before the general discussion and the third after it) ;

― The discussion of the articles and any amendments proposed to them ;

― Any returns before committee (when the committee deems it necessary or, if need be, when the Assembly requires a second deliberation of all or part of the bill) ;

― Explanations for votes ;

― The vote itself.

Speeches are of two main types : those of a general nature and those dealing with the articles or amendments under discussion.

1. – Speeches of a general nature

Speeches of a general nature (made during sittings dealing with political debates or with a general discussion on legislative bills) which are usually given from the speakers’ rostrum, take place in the following conditions :

― Most of the time, the Conference of Presidents organizes the debates. It will set the overall time period which will depend upon the importance of the subject and upon observations made by the chairmen of the political groups. This time period is then divided among the groups following a weighted proportional system in accordance with the Rules of Procedure. This is done to guarantee a minimum time period for the least numerous groups ;

― Each chairman of a group then makes known, within the time limit set by the President’s Office, the names of the speakers he is appointing to speak during the debate in question and the time each speech will last. Generally speaking, each group sets aside a substantial amount of its allotted time to a spokesman whom it usually enrols as the first of its speakers ; 

― At the presidency’s behest, the order of the speakers is then determined in such a way as to enable an alternation between the groups. Thus, as the debates follow on from each other, each group is ensured of having, in its turn, the highly sought-after position of “first speaker”.

During the actual sitting the chairman of the sitting is responsible for ensuring the respect by each speaker of his allotted speaking period. In order to have control over their speaking time, the M.P.s who speak at the rostrum have a ‘time gauge’ with a series of luminous bars which light up every ten seconds during the last five minutes of the allotted time.

Until recently, the time available to an M.P. to defend a procedural motion, e.g. an objection of inadmissibility whose aim is to draw attention to the fact that the proposed bill is anti-constitutional, a preliminary question whose objective is to have a debate cancelled or a motion of referral to committee, was unlimited. This was so much the case that the defence of such motions could be used as a type of obstruction technique. Since the revision of the Rules of Procedure, the length of such a speech has been decreased to thirty minutes maximum during first and second readings and may not exceed fifteen minutes during other readings, unless the Conference of Presidents decides otherwise.

2. – Speeches on articles and amendments

Speeches made during the examination of the articles of Government and Members' bills and the corresponding amendments tend to be much more specific and technical.

On the articles themselves, each M.P. may, of his own initiative, enrol to speak for a period of five minutes maximum. The Assembly then moves onto the discussion on the amendments to the article. 

At this time, the following may take the floor for five minutes :

― The author of the amendment ;

― The chairman or the rapporteur of the lead committee ;

― The chairman or the rapporteur of the consultative committee ;

― The Government (whose time is not limited) ;

―  A speaker against the amendment.

Although this phase of the debate is highly regulated, it often leads to lively and keen exchanges. In the interest of the discussion, the chairmen of the sitting often allow interruptions which lead to two sets of arguments being put forward. In addition, as article 56 of the Rules of Procedure provides, they may “allow a speaker to reply to the Government or to the committee”. Certain important amendments thus lead to broad discussions. 

3. – Votes

With the exception of votes on personal appointments, which are held by secret ballot, all other votes are public and take place :

―  By show of hands (or by standing and sitting in the case of doubt after a show of hands) ;

―  By ordinary public ballot (this vote is held by right upon a decision of the Conference of Presidents, which may thus organize a “formal” vote for the most important bills, upon a decision of the President of the National Assembly, upon a request by the Government, by the lead committee or by the chairman of a political group). It takes place electronically ;

―  By public ballot at the rostrum. This vote is held by right in two cases : when the Prime Minister has requested a vote of confidence in his Government in accordance with article 49, paragraphs 1 and 2 of the Constitution or when the Constitution requires a qualified majority (for the passing on final reading of institutional laws and for the indictment of the President of the Republic for high treason). In order to speed up the process, this vote may take place in the rooms adjoining the Chamber. This means that several polling stations may be opened. This practice has become systematic over the last few years.

IV. –  questions

In accordance with article 48, paragraph 2 of the Constitution, “at one sitting a week, at least, precedence shall be given to questions from Members of the Houses of Parliament and to answers by the Government”.

On account of the dialogue which they engender, the question procedures have significantly renewed the mechanisms of parliamentary monitoring. They have also, to a large extent, inspired the “question and answer” system which has been introduced in the discussion of the finance law and which entails the thorough investigation of the management of a ministerial department.