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and giving effect to other orders requiring the sanction of Chapter

VII. a legal form. He is, in fact, the representative of the house itself, in its powers, its proceedings, and its dignity. When he enters or leaves the house, the mace is borne before him by the Serjeant-at-arms; when he is in the chair, it is laid upon the table; and at all other times, when the mace is not in the house, it remains with the Speaker, and accompanies him upon all state occasions.

The Speaker is responsible for the due enforcement of For the cothe rules, rights, and privileges of the house, and when he the deputy rises he is to be heard in silence (p. 350). In accordance Spea

ve see p. 196. with his duty, he declines to submit motions to the house, which obviously infringe the rules which govern its proceedings; such as a motion which would create a charge Ilis respon

sibility in upon the people and is not recommended by the Crown connection (p. 559); a motion touching the rights of the Crown, which 20 has not received the royal consent (p. 449); a motion which committee

of ways anticipates a matter which stands for the future considera- and means,

we see p. 592. tion of the house, which raises afresh a matter already decided during the current session, or is otherwise out of order 1 (p. 277). If a proposed instruction to a committee be out of order, the Speaker explains the nature of the irregularity (p. 480).

Amendments by the Lords to a bill which trench upon the privileges of the House of Commons, are submitted to the Speaker; and, if occasion requires, he calls the attention of the house to the nature of the amendments, and gives his opinion thereon (p. 577).

When the Speaker is made aware that a member proposes to bring forward a motion, or to engage in a proceeding which would infringe the rules and usages of the house, the Speaker, if it seems desirable, deals with the matter by conveying to the member an intimation regarding the irregularity of the course which the member proposes to follow.

The Speaker also has decided that motions, which were · brought forward as a matter of privilege, did not come within that category (p. 274), and has ruled a private bill

1 112 C. J. 157 ; 115 ib. 494; 20th Jan. 1880, 257 H. D. 3 s. 1040.

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Chapte: out of order on the ground that it should have been intro1. duced as a public bill (p. 672 et seq.).

Appeal may be made to the Speaker regarding the practice or privileges of the house (p. 349), though such inquiry may not be addressed to him in the form of a question printed upon the notice paper (p. 247); nor can the opinion of the Speaker be sought regarding an occurrence in a committee, although a committee, to obtain the advice of the Speaker, has reported progress for that purpose under the exceptional circumstances stated on p. 385, n. 4.

Reflections made in debate, or outside the house, on the conduct of the Speaker, or letters addressed to him criticizing the course he had taken in the proceedings of the house, may be punished by suspension or otherwise ; 1 and if the necessity should arise, the Speaker informs the house that such letters have been addressed to him. Nor, according to the rule stated on p. 293, can the decision of the louse regarding the conduct of the Speaker be obtained upon an amendment, but must be sought for by a substantive motion.

The Speaker, whenever it seems to him the suitable occasion, communicates to the house letters and documents addressed to him as Speaker, such as letters acknowledging a vote of the thanks of the house,' or which relate to the rights and privileges of the house or of its members, such as communications announcing the arrest or imprisonment of a member (p. 117); and when the Speaker has communicated a document to the house, it is entered on the votes and proceedings of the house, and on the journal, without motion made, or question put; 4 though a motion of a breach of privilege has been raised on the form of the document (p. 273). The Speaker is not obliged to read to the house S. O. 95, every letter or communication that may be addressed to

1 4th April, 1887, 313 H. D. 3 s. 5th July, 1881, 263 H. D. 3 s. 371; 20th July, 1888, 329 ib. 48; 45-49; 13th Nov. 1882, 274 ib. 1328. 27th July, 1891, 356 ib. 419-434. A motion, once made, that a letter

? Arrest of Mr. O'Kelly, 25th July, communicated by the Speaker be 1888, 329 ib. 495.

laid upon the table (138 C. J. 4) 3 99 C. J. 3.

cannot be reckoned as a precedent.

Appendix I.

VII.

him as Speaker, but he may at his discretion withhold the Chapter same from publication.

To forward the transaction of the business of the house, the Speaker represses irrelevance or repetition in debate (p. 315), deals summarily with dilatory motions (p. 316), and with a claim for a division (p. 370), which, in his opinion, is made in abuse of the rules of the house, or is unduly demanded. When the occasion arises, he directs that words uttered in debate be taken down for consideration by the house, if, in his opinion, the words are disorderly (pp. 337, 346).

The Speaker represses disorder in the house,” by enforcing the withdrawal of a member below the bar, who disobeys the order of the house (pp. 165, 166); by calling members to order (p. 345), when the offence is committed in his presence; by putting in force standing order No. 18 (the suspension of members) (p. 340); by naming a member, under the ancient usage of the house (p. 345); and by directing him to withdraw from the precincts, under standing order No. 20 (p. 350). The committal of a member to the custody of the Serjeant is effected by an order of the house; yet, for the maintenance of order, the Speaker has, upon information that a man had assaulted a member in the lobby, directed the Serjeant to take the offender into

custody. 3
S. O. 21, In the event of grave disorder arising in the house the
Appendix I.

Speaker is empowered to adjourn the house without ques-
tion put 4 or suspend the sitting for a time named by him.
The Speaker has overruled opposition to formal ques. See formal

motions, p.
tions essential to the completion of the transaction of 215.
business, which were unavoidably put from the chair
during the time set apart for unopposed business, or after
the moment fixed for the interruption of business. The

1 20th March, 1771, 2 Cavendish Debates, 436; 31st May, 1881, 261 H. D. 3 s. 1785. In the latter case the Speaker said that it was for the house to say whether the correspondence should be produced,

? His jurisdiction does not extend to words outside the house. Times, 17th March, 1893 ; see also p. 348. 3 11th June, 1824, 79 C. J. 483. • 160 C. J. 202.

V

Chapter Speaker also may decline to count the house (see p. 231).

If the occasion arises, he expresses his opinion regarding
cases of personal interest in a vote (see p. 373).

According to established usage the Speaker does not

present petitions to the house. Priluction Among the duties laid upon the Speaker respecting the of cridence during a issue of writs to fill up vacancies in the house (p. 636), he rece88, see p. 432.

o appoints at the commencement of every Parliament a panel

of members to execute those duties, if need for their inter-
vention should arise (p. 638). The Speaker, also, at the com-
mencement of every session, nominates a panel of members
to act as temporary chairmen of committees (p. 381).

By the Lunacy (Vacation of Seats) Act, 1886, the
Speaker may be called upon to issue his warrant for the
election of a member in the place of the member of un-

sound mind (p. 637). It may also be his duty to transmit to Duty regarding the officials of the Bank of England a certificate in writing, drafts on the Cone notifying that the house had agreed to a resolution for the solidated Fund, see p.

redemption of stock forming part of the National Debt.? 592, n. 2.

In rank, the Speaker takes precedence of all commoners, His rank. both by ancient custom and by legislative declaration. The Act 1 Will. & Mary, c. 21, enacts that the lords commissioners for the great seal "not being peers, shall have and take place next after the peers of this realm, and the Speaker of the House of Commons.” 2 By 2 & 3 Will. IV. c. 105, an Act for the better support Duration

of office of the dignity of the Speaker of the House of Commons, after dissoand by 9 & 10 Vict. c. 77, an Act relating to the officers of lution. the house, it is provided that, in case of a dissolution, the then Speaker shall be deemed to be the Speaker, for the purposes of those Acts, until a Speaker shall be chosen by the new Parliament.

Formerly, no provision was made for supplying the place When of the Speaker by a deputy Speaker or Speaker pro tempore,

1 328 H. D. 3 s. 525; 143 C. J. the Speaker and a peer of Ireland, 345; National Debt Act, 1870, first whilst a member of the House of schedule.

Commons, see Lord Colchester's · See also 2 Hatsell, 249, n.; and Diary, i. 413. regarding the precedence between

absent.

VII.

as in the upper house ;? and when he was unavoidably Chapter
absent, no business could be done, but the Clerk acquainted
the house with the cause of his absence, and put the
question for adjournment (see p. 156). When the Speaker
by illness was unable to attend for a considerable time, it
was necessary to elect another Speaker, with the usual
formalities of the permission of the Crown, and the royal
approval. On the recovery of the Speaker, the latter
would resign, or “fall sick," and the former was re-elected,

with a repetition of the same ceremonies.3 Deputy. In 1855, on the report of a select committee, a stand-Appoin Speaker in

"ment of the Com- ing order was agreed to, which enables the chairman of chairman

of wiys and 9.00:31, ways and means, as deputy Speaker, to take the chair during means an 1 Appendix I. tbe unavoidable absence of the Speaker, and perform his chairman,

deputy duties. The provisions of this standing order received see p. 603. statutory authority by Act 18 & 19 Vict. c. 84.6

mons.

During the Protectorate, On the 20th June, 1904, the Speaker Speakers pro tempore were ap- asked the house to dispense with his pointed, 7 C. J. 482. 483. 612. 811. attendance on the 22nd June, to

2 1 ib. 353 ; 25 ib. 532; 39 ib. 841; enable him to receive the degree of 44 ib. 45; 83 ib. 547.

D.C.L. at Oxford, and to permit the 3 9 ib. 463. 476; 11 ib. 271. 272. chairman of ways and means to take

+ The sanction of the consent of the chair as deputy Speaker on that the Crown was given to the appoint day. The house signified its assent, ment of the committee and to the and the Speaker's absence on the standing order, and to its amend. 22nd June was announced in the ment, 108 C. J. 758.766 ; 110 ib. 395; ordinary way, 159 C. J. 247. 253. 157 ib. 65 ; Report on the office of The Serjeant, accompanied by Speaker, 1853 ; Parl. Paper (478). the chaplain, enters the house with

· The Speaker, 20th June, 1870, the mace, which he places upon the asked the indulgence of the house to table. The Clerk informs the house enable him to receive the degree of of the Speaker's unavoidable absence, D.C.L. at Oxford, when the chair. and if necessary of that of the chairman of ways and means was ordered man of ways and means. The chairto take the chair, as deputy Speaker, man of ways and means, or in his during his absence; and again in absence the deputy chairman, then 1887, 125 C. J. 265; 142 ib. 306. On proceeds to the table, and, after the 5th July, 1893, the Speaker prayers, counts the house if necesasked the indulgence of the house sary, and takes the chair. If the to be absent on the occasion of the house goes into committee, the royal wedding on the following day, deputy Speaker takes the chair when the house being met the Clerk thereof, and subsequently, having announced the cause of the Speaker's put the question for reporting prounavoidable absence, and the chair- gress, he returns to the chair of the man of waysand means took the chair house, and a member makes to him after prayers as deputy Speaker, 14 the report of the committee, 158 C. Parl. Deb. 4 s. 950; 148 C. J. 414. J. 96. 107.

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