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House of Representatives                                Ch 14                                                 p 499

Offensive or disorderly words

Good temper and moderation are the characteristics of parliamentary language. Parliamentary language is never more desirable than when a Member is canvassing the opinions and conduct of his opponents in debate. ¹

The standing orders contain prohibitions against the use of words which are considered to be offensive (the two Houses of the Parliament, Members and Senators and members of the judiciary being specifically protected— see below ). ² The determination as to whether words used in the House are offensive or disorderly rests with the Chair, and the Chair’s judgment depends on the nature of the word and the context in which it is used.

A Member is not allowed to use unparliamentary words by the device of putting them in somebody else’s mouth, ³ or in the course of a quotation. ⁴

It is the duty of the Chair to intervene when offensive or disorderly words are used either by the Member addressing the House or any Member present. When attention is drawn to a Member’s conduct (including his or her use of words), the Chair determines whether or not it is offensive or disorderly. ⁵

Once the Chair determines that offensive or disorderly words have been used, the Chair asks that the words be withdrawn. It has been considered that a withdrawal implies an apology ⁶ and need not be followed by an apology unless specifically demanded by the Chair. ⁷ The Chair may ask the Member concerned to explain the sense in which the words were used and upon such explanation the offensive nature of the words may be removed. If there is some uncertainty as to the words complained of, for the sake of clarity, the Chair may ask exactly what words are being questioned. This action avoids confusion and puts the matter clearly before the Chair and Members involved.

The Chair has ruled that any request for the withdrawal of a remark or an allusion considered offensive must come from the Member reflected upon, if present ⁸ and that any request for a withdrawal must be made at the time the remark was made. This latter practice was endorsed by the House in 1974 when it negatived a motion of dissent from a ruling that a request for the withdrawal of a remark should be made at the time the remark was made. ⁹ However, the Speaker has later drawn attention to remarks made and called on a Member to apologise, or to apologise and withdraw. ¹⁰ Having been asked to withdraw a remark a Member may not do so ‘in deference to the Chair’, must not leave the Chamber ¹¹ and must withdraw the remark immediately, ¹² in a respectful manner, ¹³ unreservedly ¹⁴ and without conditions ¹⁵ or qualifications. ¹⁶ Traditionally Members have been expected to rise in their places to withdraw a remark. ¹⁷ If a Member refuses to withdraw or prevaricates, the Chair may name the Member for disregarding the authority of the Chair. The Speaker has also directed, in special circumstances, that offensive words be omitted from the Hansard record. ¹⁸

May , 23rd edn, p. 440.

S.O.s 89, 90.

May , 23rd edn, p. 441.

H.R. Deb. (5.5.78) 1894-5.

S.O. 92. This provision was introduced (then referring to words rather than conduct) on the recommendation of the Standing Orders Committee, following conflicting rulings on whether remarks regarded as offensive by any Member had to be withdrawn. H of R 1 (1962-63) 20; VP 1962-63/455. See also statement by Speaker Jenkins, H.R. Deb. (7.5.84) 1907.

H.R. Deb. (22.10.13) 2377.

H.R. Deb. (1.11.51) 1498.

H.R. Deb. (30.11.50) 3427.

VP 1974/41-2.

H.R. Deb. (21.4.55) 70; H.R. Deb. (25.8.55) 73.

H.R. Deb. (22.11.12) 5883.

H.R. Deb. (3.12.18) 8639.

H.R. Deb. (7.12.11) 3996.

H.R. Deb. (15.8.23) 2776.

H.R. Deb. (27.11.14) 1180.

H.R. Deb. (30.11.50) 3427.

H.R. Deb. (26.9.79) 1569.

See ‘Hansard’ in Ch. on ‘Documents’.