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House of Representatives                                Ch 16                                                 p 562

Private Members’ business

There is no longer a fixed time for the start of the private Members’ business period. This depends on the amount of preceding committee business. ¹

A private Member is defined by the standing orders as a Member other than the Speaker or a Minister. ² This definition, indirectly, provides additional opportunities to opposition leaders. ³

During the private Members’ business period notices and orders of the day relating to private Members’ business are called on by the Clerk in the order in which they appear on the Notice Paper—that is, as previously determined by the Selection Committee. Standing orders have been suspended to change the order of business. ⁴ Standing and sessional orders have been suspended to allow other Members to move motions in the absence of the Members who had given notices accorded priority by the Selection Committee. ⁵ Priority must be given to notices of intention to present private Members’ bills. ⁶ Subject to this requirement, the Selection Committee must provide for the consideration of private Members’ notices to alternate between those of government and non-government Members. ⁷

A Member may withdraw a notice of motion or of intention to present a bill even though it has been accorded priority by the Selection Committee, ⁸ and may alter the date in respect of which a notice has been given after it has been given priority by the Selection Committee. ⁹

When the time allotted by the Selection Committee for an item has expired, at the end of the private Members’ business period, or when debate concludes, debate is interrupted by the Chair. The question before the Chair may be put. However, the general practice of the committee is to determine that private Members’ business should be the subject of further consideration and, therefore, not determined by the House after the initial debate. When the Selection Committee has determined that consideration of a matter should continue on a future day, debate having concluded, or been interrupted by the Chair at the time fixed for interruption, the Chair informs the House that the resumption of debate will be made an order of the day for the next sitting.

An item of private Members’ business which has not been called on, or any private Members’ business which has been interrupted and not re-accorded priority by the Selection Committee, for eight consecutive sitting Mondays, is removed from the Notice Paper ¹⁰ (if a matter has been referred to the Main Committee, this provision does not apply unless the matter is referred back to the House).

Prior to 1999 the period started at 1.15 p.m. (former S.O. 102C amended by sessional order 3.12.98).

 S.O. 2. The term ‘Minister’ here includes a person designated as Parliamentary Secretary.

The definition places a restriction on who may sponsor business, not who may speak (note that time limits for private Members’ bills make specific provision for the Prime Minister and the Leader of the Opposition). However, participation of Ministers in private Members’ business debates is unusual. For further discussion of the definition of private Member see Ch. on ‘Members’.

E.g. VP 2002-04/427-8.

E.g. VP 1990-92/1013; VP 1996-98/588; VP 1998-2001/1856; VP 2002-04/747.

S.O. 41(c).

S.O. 41(f).

NP 171 (8.3.2001) 9793; NP 172 (26.3.2001) 9835.

NP 172 (26.3.2001) 9835, VP 1998-2001/2176.

S.O. 42. Private Members’ business removed from the Notice Paper in this way has been reinstated by means of a new notice.