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Title

Ch14 Control and conduct of debate / POWERS OF CHAIR TO ENFORCE ORDER / Sanctions against disorderly conduct

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

Control and conduct of debate

Chapter No.

Chapter 14

Page

519

Section No.

 

System Id

procedural/practcer/chapter14.53.doc


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Ch14 Control and conduct of debate / POWERS OF CHAIR TO ENFORCE ORDER / Sanctions against disorderly conduct



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House of Representatives                                Ch 14                                                 p 519

 

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

 

Sanctions against disorderly conduct

Under standing order 91, a Member’s conduct is considered disorderly if the Member has:

  • persistently and wilfully obstructed the House;

  • used objectionable words, which he or she has refused to withdraw;

  • persistently and wilfully refused to conform to a standing order;

  • wilfully disobeyed an order of the House;

  • persistently and wilfully disregarded the authority of the Speaker; or

  • been considered by the Speaker to have behaved in a disorderly manner.

    • While specific offences are listed, it is not uncommon for a Member to be disciplined for an offence which is not specifically stated in the terms of the standing order but which is considered to be encompassed within its purview. For example, in regard to conduct towards the Chair, Members have been named for imputing motives to, disobedience to, defying, disregarding the authority of, reflecting upon, insolence to, and using expressions insulting or offensive to, the Chair. Since 1905 an unnecessary quorum call has been dealt with as a wilful obstruction of the House. 1

    When the Speaker’s attention is drawn to the conduct of a Member, the Speaker determines whether or not it is offensive or disorderly. 2 The standing orders give the Speaker the power to intervene 3 and take action against disorderly conduct by a Member, and to impose a range of sanctions, including directing the Member to leave the Chamber for one hour, or naming the Member. 4

    Before taking such action the Chair will generally first call a Member to order and sometimes warn the Member, but there is no obligation on the Chair to do so. 5 Sometimes the Chair will issue a ‘general warning’, not aimed at any Member specifically. 6 Members ignoring a warning may expect quick action by the Chair.



    H.R. Deb. (24.8.05) 1478. A Member who calls attention to the lack of a quorum when a quorum is present is immediately named by the Chair and a motion moved for the Member’s suspension—S.O. 55(c), e.g. VP 1978-80/1277-8; VP 1993-95/194; H.R. Deb. (9.3.2004) 26264-5.



    S.O. 92(b).



    S.O. 92(a).



    S.O. 94.



    See H.R. Deb. (5.6.75) 3404, where a Member was named for disorderly conduct without being called to order or warned; and see statement by Speaker Hawker H.R. Deb. (9.3.2005) 67.



    Generally understood as applying to all Members for the remainder of the sitting.