[gnso-improvem-impl-sc] Deferral of motions

[<KnobenW@xxxxxxxxxx>]

All,

I wanted to follow-up on the level of what seemed to be a common opinion how to 
handle deferrals in future. Fortunately J. Scott took over to draft a text for 
a related SCI recommendation.
To my understanding it would be helpful to describe clearly the "safety valve" 
you mentioned as well as using the words "courtesy" and "discretion of the 
chair" in the right context.

I attach the related transscript part from our meeting - hoping it can be of 
assistance:

...
J. Scott Evans: I think I can handle Avri's concern regarding codification 
because my suggestion is not that we state anything. I think what we would say 
is our recommendation is that the practice would stay as it is currently and 
that it be looked at by staff. And if, you know, to be raised at another time 
if there's abuse or something to that effect.
But in our reasoning we would state that the reason we have left it the same is 
we believe that there is a safety valve because this is a organic process that 
developed as a courtesy under the discretion of the chair. Okay?
And that that - there is nothing that prescribes the chair in its - in his or 
her discretion from denying this type of courtesy. And that can either be done 
at the chair's own behest or another mechanism, for example, putting it to a 
vote of the Council.
But not to put that in some sort of rules but to put that in our reasoning to 
say we believe the safety valve is already there. But I think we need to 
clearly annunciate what that safety valve is so that a chair can say well this 
has been looked at and I'm going to exercise the discretion that everyone - the 
community has agreed that I have in this instance and I'm going to proceed as X.
So that's - I'm not talking about making a rule; I'm just talking about somehow 
putting in there a reasoning that - picking up on Avri's point. It's in the 
discretion; okay well tell them that's the reason we're leaving it the way it 
is. Don't have it out there so people assume because I do believe Stéphane 
believed his hands were tied and he didn't have a discretion to do anything 
else.
And if we believe it's within his discretion then I think we need to tell the 
community that's what we think.
Wolf-Ulrich Knoben: Yes.
J. Scott Evans: I don't think it has to be any heavy-handed rule.
Wolf-Ulrich Knoben: Thank you, J. Scott. Well I - what I've seen here right now 
in the chat is, well, agreement from Ray, from Ron. I think Avri is raising her 
hand. I would - if that is possible - and I would appreciate if you - could you 
write down some - in some small sentence, right, what you have said. So - and 
provide it on the list to us so that we can see that reasoning in written form.
So - and then we have a chance, well, maybe that we can come on - oh, thank you 
very much - you agree. Thanks very much. Avri.
Avri Doria: Yeah, the only thing I wanted to say is if we stop at this is a 
courtesy given at the discretion of the chair, period, I can live with that. 
Once we start going further and saying and she can defer it and she can do a 
vote or she could then I start to have issues in that we're starting to make 
rules.
If we say in our reason this is originally a courtesy; this remains a courtesy 
except in PDPs at the, you know, at the discretion of the chair and just leave 
it at that without trying to push the chair one way or another.
...

Mit freundlichen Grüßen
Best regards
Wolf-Ulrich Knoben


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