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Title

Ch6 The Speaker, Deputy Speakers and officers / SPEAKERS RULINGS / Points of order

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

188

Section No.

 

System Id

procedural/practcer/chapter06.32.doc


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Ch6 The Speaker, Deputy Speakers and officers / SPEAKERS RULINGS / Points of order



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House of Representatives                                Ch 6                                                 p 188

 

The Speaker, Deputy Speakers and officers / SPEAKER’S RULINGS

 

Points of order

The principal standing orders relating to points of order and Speaker’s rulings are standing orders 86 and 87 which state that:

  • a Member may raise a point of order with the Speaker at any time;

  • the matter takes precedence until it is disposed of by the Speaker giving a ruling on it;

  • if a Member wishes to dissent from a ruling, the dissent must be declared at once. A motion of dissent, which must be submitted in writing, shall, if seconded, be proposed to the House and may be debated immediately.

    • In accordance with House of Commons practice a point of order must be raised immediately. It is not acceptable to raise points of order concerning proceedings earlier in the day or concerning proceedings of a previous day.

    A Member has a right to make his or her point of order without interruption except by the Chair. However, there may be circumstances when a point of order on a point of order may be justified—for example, when points of order which are inordinately long, frivolous or of dubious validity, and when unparliamentary language is used. It would be expected that the Chair would normally intervene in these cases but a point of order on the point of order could be made. On occasion the Chair may hear further points of order before ruling, or grant other Members indulgence to speak to clarify a situation. However, there is no obligation on the Chair to exercise such discretion. The Chair may rule on a point of order as soon as he or she feels in a position to do so. 1

    The opportunity to raise a point of order should not be misused to deliberately disrupt proceedings or to respond to debate. If this is, or is anticipated to be, the case, or if the Speaker believes that he or she is aware of the issues, Speakers have cut short the point of order or refused to hear it until the Member interrupted by the point of order has finished speaking. Members have been disciplined by the Chair for raising spurious or frivolous points of order 2 and for persisting with matters after the Chair has ruled. 3



    H.R. Deb. (29.6.00) 18719.



    E.g. VP 1993-96/1808; VP 1996-98/195, 1871, 2461; VP 1998-2001/1225.



    E.g. VP 1974-75/958; VP 1993-96/1602; VP 1996-98/2065.