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Title

Ch6 The Speaker, Deputy Speakers and officers / THE OFFICE OF SPEAKER / Impartiality of the Chair

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

The Speaker, Deputy Speakers and officers

Chapter No.

Chapter 06

Page

163

Section No.

 

System Id

procedural/practcer/chapter06.03.doc


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Ch6 The Speaker, Deputy Speakers and officers / THE OFFICE OF SPEAKER / Impartiality of the Chair



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House of Representatives                                Ch 6                                                 p 163

 

The Speaker, Deputy Speakers and officers / THE OFFICE OF SPEAKER

 

Impartiality of the Chair

One of the hallm arks of good Speakership is the requirement for a high degree of impartiality in the execution of the duties of the office. This important characteristic of office has been developed over the last two centuries to a point where in the House of Commons the Speaker abandons all party loyalties and is required to be impartial on all party issues both inside and outside the House. In concert with this requirement the principle has been well established that the Speaker continues in office until ceasing to be a Member of the House. According to May :

Confidence in the impartiality of the Speaker is an indispensable condition of the successful working of procedure, and many conventions exist which have as their object not only to ensure the impartiality of the Speaker but also to ensure that his impartiality is generally recognized. He takes no part in debate either in the House or in committee. He votes only when the voices are equal, and then only in accordance with rules which preclude an expression of opinion upon the merits of a question. 1

Practice in the House of Representatives has been to change the Speaker with a change of government. This provides a Speaker who is politically affiliated but who is required to be impartial in the Chair, rather than a Speaker who is both independent and seen to be independent. Historically, the Speaker has not been required to sever his or her connection with the governing party. Speakers have attended party meetings and have not, of necessity, refrained from election campaigning. As a rule, however, the Speaker does not participate in the actual debating and law-making processes of the House ( but see p. 176).

Notwithstanding the foregoing and the fact that the Speakership has l ong been regarded as a political appointment, Australian Speakers have striven to discharge their duties with impartiality. The degree of impartiality achieved depends on the occupant but, as a rule, Speakers have been sufficiently detached from government activity to ensure what can be justly claimed to be a high degree of impartiality in the Chair.

During his term in office (1976-83) Speaker Snedden advocated the adoption in Australia of conventions applying to the Speakership in the House of Commons. On the first sitting day of the 33rd Parliament, when there had been a change of Government and after a new Speaker had been elected, in informing the House of his decision to resign as a Member, Sir Billy noted that as Speaker he had endeavoured to apply ‘such of the features of the conventions as were consistent with reality’, that he had rarely attended party meetings and that he had confined his attendance to occasions when major issues of principle were to be discussed. He went on to say that, consistent with House of Commons practice, he would resign as a Member forthwith. 2

The Speaker must show impartiality in the Chamber above all else. A Speaker should give a completely objective interpretation of standing orders and precedents, and should give the same reprimand for the same offence whether the Member is of the Government or the Opposition.

Experience has shown that the Speaker uses his or her discretion in such a manner as to ensure adequate opportunities for all sections to participate in the deliberations of the House. As a rule Speakers make themselves freely available outside the Chamber to give advice to or discuss matters with Members. Members are entitled to expect that, even though politically affiliated, the Speaker will carry out his or her functions impartially. Likewise a Speaker is entitled to expect support from all Members regardless of their party.

The Speaker embodies the dignity of the nation’s representative assembly. The office is above the individual and commands respect. The degree of respect depends to some extent on the occupant but it is fair to say that the office, despite isolated incidents, has been shown to be respected on both sides of the House.

In recognition of the need to show respect for the office, certain conventions are observed in the practices and procedures of the House:

  • on entering or leaving the Chamber Members acknowledge the Speaker by a bow (S.O. 62(b));

  • a Member must not pass between the Speaker and any Member who is speaking (S.O. 62(d));

  • Members addressing the House do so through the Speaker (S.O. 65(a));

  • Members resume their seats immediately the Speaker stands and the House shall be silent so that the Speaker may be heard without interruption (S.O. 61(a));

  • when the Speaker is putting a question no Member may walk out of or across the Chamber (S.O. 61(b)); and

  • when the House has been adjourned, no Member should leave the House before the Speaker.

    • ( See also Chapter on ‘Control and conduct of debate’).

    It is unquestionably of great importance that, as a contribution towards upholding the impartiality of the office, the House chooses a candidate who has the qualities necessary for a good Speaker.



    May , 23rd edn, p. 220.



    H.R. Deb. (21.4.83) 5-6.