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Ch6 The Speaker, Deputy Speakers and officers / POWERS, FUNCTIONS AND DUTIES / Ceremonial and traditional



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House of Representatives                                Ch 6                                                 p 171

 

The Speaker, Deputy Speakers and officers / POWERS, FUNCTIONS AND DUTIES

 

Ceremonial and traditional

The most traditional of the Speaker’s duties is as the sole representative of the House in its relations with the Crown’s representative, the Governor-General. The Speaker is likewise the House’s representative in communications with the Senate and outside persons in the transmission and receipt of messages, documents or addresses.

In the House of Commons, the Speaker elect is not considered to be fully in office until the royal approbation has been received. 1 In the House of Representatives, once the Speaker is elected at the beginning of a Parliament, he or she is required by standing orders, before business is proceeded with, to present himself or herself to the Governor-General in order to inform the Governor-General that he or she is the choice of the House as its Speaker. 2 However, since 1904 when the 2nd Parliament met, the Speaker has not been required to seek the Governor-General’s approval; the presentation is merely a courtesy. Likewise on presentation to the Governor-General the Speaker is not required to petition for the continuance of the privileges of the House as in the United Kingdom, 3 there being specific constitutional and legislative provisions dealing with the powers, privileges and immunities of the House. 4

On the first sitting day of a new Parliament or a new session, the Governor-General summons Members of the House to hear the opening speech. 5 This summons is traditionally transmitted to the House by the Usher of the Black Rod. Upon receipt of the message, the Speaker calls on Members to accompany him or her and preceded by the Serjeant-at-Arms bearing the Mace, 6 accompanied by the Clerk, the Deputy Clerk and a Clerk Assistant, and followed by the party leaders and Members, proceeds to the appointed venue (traditionally the Senate Chamber). 7 The Speaker is invited by the Governor-General to be seated. On conclusion of the Governor-General’s speech, the Speaker is formally presented with a copy of the speech by the Governor-General’s Official Secretary. The Speaker, in procession, then returns to the House of Representatives Chamber but, before the Speaker reports the Governor-General’s speech to the House, it is necessary for the House to transact some formal business, 8 usually the introduction of a bill. This bill is known as the ‘formal’ bill or ‘privilege’ bill. Its presentation is taken to express the House’s traditional right to conduct its own business without reference to the immediate cause of summons. The Prime Minister may also announce the Ministry at this time.

Later on during the sitting period, when the Address in Reply to the Governor-General’s speech 9 is to be presented to the Governor-General, the Speaker suspends the sitting of the House and, accompanied by the Serjeant-at-Arms bearing the Mace, the Clerk, the Deputy Clerk and Members of the House, is driven to Government House. The Address in Reply is presented to the Governor-General and, on return to the House, the Speaker reports the Governor-General’s reply to the Address. 10

At the commencement of each sitting day the Serjeant-at-Arms, bearing the Mace on his or her right shoulder, precedes the Speaker into the Chamber and announces the Speaker to the House. As the Speaker takes the Chair, the Serjeant-at-Arms places the Mace on the Table. The Mace remains in the Chamber during any meal breaks and other shorter suspensions of the sitting, and is carried out of the Chamber by the Serjeant-at-Arms when the House adjourns. During the times when the Mace was not used, the Serjeant-at-Arms continued to precede the Speaker into the Chamber and announced him, and preceded him out of the Chamber on adjournment.

In the absence of the Speaker, the Serjeant-at-Arms, preceded by the Speaker’s attendant, carries the Mace from the Speaker’s suite to the Chamber ‘cradled’ in the left arm. The Serjeant-at-Arms enters the Chamber through the back door to the left of the Speaker’s Chair and walks past the opposition benches to the foot of the Table. The Clerk then announces the unavoidable absence of the Speaker, and the Deputy Speaker (or in his or her absence the Second Deputy Speaker) as Acting Speaker takes the Chair. 11 As the Acting Speaker takes the Chair, the Serjeant-at-Arms places the Mace in its brackets on the Table. 12

The Speaker on taking the Chair reads the Prayers laid down in the standing orders, thereby commencing the day’s proceedings. 13



This is symbolised by the practice that the Speaker is not preceded by the Mace when leaving the House during the interval between election and the receipt of the royal approval, see May , 23rd edn, p. 281.



S.O. 4(h). The Speaker is preceded by the Serjeant-at-Arms bearing the Mace (at the start of the procession—the Mace is not brought into the presence of the Governor-General).



May , 23rd edn, p. 282.



Constitution, s. 49 and specific legislation such as the Parliamentary Privileges Act 1987 .



S.O. 5.



The Mace is left, covered, outside the Senate Chamber during the Governor-General’s speech.



At the opening of the 30th Parliament on 17 February 1976 opposition Members did not attend the Senate Chamber to hear the Governor-General’s speech.



S.O. 6(a).



See Ch. on ‘The parliamentary calendar’.



S.O. 7. E.g. VP 1998-2001/220.



S.O. 18.



This procedure was followed on 8 November 2000, for example.



S.O. 38.