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Ch14 Control and conduct of debate / POWERS OF CHAIR TO ENFORCE ORDER / Naming of Members



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House of Representatives                                Ch 14                                                 p 520

 

Control and conduct of debate / POWERS OF CHAIR TO ENFORCE ORDER

 

Naming of Members

The naming of a Member is, in effect, an appeal to the House to support the Chair in maintaining order. Its first recorded use in the House of Commons was in 1641. 1 The first recorded naming in the House of Representatives was on 21 November 1901 (Mr Conroy). Mr Conroy apologised to the Chair and the naming was withdrawn. 2 The first recorded suspension was in respect of Mr Catts on 18 August 1910. 3 A Member is usually named by the name of his or her electoral division, the Chair stating ‘I name the honourable Member for . . .’. Office holders have been named by their title. 4 In 1927, when it was put to the Speaker that he should have named a Member by his actual name the Speaker replied:

It is a matter of identification, and the identity of the individual affected is not questioned. I named him as member for the constituency which he represents, and by which he is known in this Parliament. 5

Office holders have been named, including Ministers, 6 Leaders of the Opposition 7 and party leaders. 8 Members have been named together, but, except in the one instance, separate motions have been moved and questions put for the suspension of each Member. 9 No Member has been named twice on the one occasion, but the Chair has threatened to take this action. 10

The naming of a Member usually occurs immediately an offence has been committed but this is not always possible. For example, Members have been named at the next sitting as a result of incidents that occurred at the adjournment of the previous sitting of the House. 11 A Member has been named for refusing to withdraw words which the Chair had initially ruled were not unparliamentary. When that ruling was reversed by a successful dissent motion and the Chair then demanded the withdrawal of the words, the Member refused to do so. 12

The Chair has refused to accept a dissent motion to the action of naming a Member on the quite correct ground that, in naming a Member, the Chair has not made a ruling. 13



John Hatsell, Precedents of proceedings in the House of Commons , 4th edn, London, 1818, vol. II, p. 238. Josef Redlich, The procedure of the House of Commons , Archibald Constable, London, 1908, vol. III, p.72 n 1.



H.R. Deb. (21.11.01) 7654.



VP 1910/78.



E.g. H.R. Deb. (27.2.75) 824, but the identity of the Minister named is shown in the Votes and Proceedings as ‘the honourable Member for . . .’, VP 1974-75/502.



H.R. Deb. (1.12.27) 2397.



VP 1929-31/593, 828; VP 1937-40/135 (and suspended); VP 1961/36 (and suspended); VP 1974-75/502-3.



VP 1914-17/148-9; VP 1948-49/295-6; VP 1985-87/1151. On each occasion suspensions followed.



E.g. VP 1973-74/404-5; VP 1985-87/1081-2 (and suspended).



VP 1932-34/608-10; VP 1973-74/93-5; VP 1974-75/1068-9. On the occasion when two Members were suspended on one motion an attempt to raise the matter as one of privilege the next day was ruled out of order as the vote could not be reflected upon except on a rescission motion, VP 1946-48/40, 43.



H.R. Deb. (9.10.75) 1927; while bells were ringing for division on question for suspension, the Member reflected on the Chair.



VP 1934-37/361; VP 1974-75/154. On the latter occasion the Member was named for refusing to apologise for his conduct on the adjournment of the House at the preceding sitting.



VP 1937/106-7.



H.R. Deb. (24.9.86) 1316-18.