STANDING ORDERS CHAPTER 12

 RULES OF DEBATE

103 Members to stand

 

(1)

A member wishing to speak stands in his or her place and addresses the Speaker. If more than one member rises, the Speaker calls the one who stood up first, recognising that, once each party has put its view, the call will normally alternate between speakers on each side of the House.

 

(2)

A member who is sick or disabled may speak while seated in his or her place.

104 Member's right to speak

 

A member may:

 

1)

Speak to any question before the House, including a proposed amendment.

 

(2)

Propose his or her own motion or amendment.

 

(3)

Raise a point of order or speak to a point of order that has arisen.

 

(4)

Speak on a matter of privilege that has suddenly arisen.

105 When members can no longer speak

 

When debate on a question is concluded, the Chair must put the question. If the question is not heard, the Chair must put it again. A member must not speak to a question after the Chair has put that question and it has been carried or defeated.

106 Motion that a member be no longer heard

 

(1)

A member may move without notice that a member who is speaking be 'no longer heard'.

 

(2)

The Chair must put that question immediately, but only if the Chair is satisfied that:

 

 

(a)

the member speaking has already had ample opportunity to state his or her views on the matter; and

 

 

(b)

the member is using his or her right to speak in a way that is an abuse of the rules or conventions of the House, or to obstruct business; and

 

 

(c)

the motion, if carried, would not take away the rights of the minority.

 

(3)

The question must be decided without amendment or debate.

 

(4)

No other motion can be moved or point of order taken until this question has been decided.

107 No referring to debate in Council

 

A member must not refer to any debate or matter pending in the Council. However, if the Speaker is satisfied that a member has been seriously misrepresented by statements made in the Council during the same session, that member may, by leave, make a personal statement to refute or explain what was said in the Council. The personal statement may not be debated.

108 No member to be referred to by name

 

A member must refer to other members by their title of office or by the name of their electorate.

109 Keeping to the subject

 

A member must not depart from the subject matter of the question or issue under discussion.

110 Irrelevant material or tedious repetition

 

(1)

The Chair may warn a member speaking in the House for continued irrelevance or tedious repetition.

 

(2)

After a warning, a member may move 'That the Chair direct the member to discontinue his or her speech'. That question is to be put at once without amendment or debate.

111 Speaking rights of member moving the adjournment

 

The member moving the adjournment of the debate on any question is entitled to speak again on the subject of the main question, unless he or she has discussed it in moving the adjournment.

112 Member may not speak twice

 

A member may not speak more than once to any question except:

 

(1)

In giving an explanation under SO 61; or

 

(2)

In reply; or

 

(3)

To speak in the consideration in detail stage.

113 Reply closes debate

 

In all cases the reply of the mover of the original question closes the debate except during the consideration in detail stage, or consideration of amendments to a bill made or suggested by the Council.

114 Interrupting debate

 

A member may only interrupt another member while speaking to:

 

(1)

Call attention to a point of order or privilege suddenly arising; or

 

(2)

Call attention to the lack of a quorum; or

 

(3)

Call attention to the presence of strangers; or

 

(4)

Move a closure motion; or

 

(5)

Move that a member 'be no longer heard'; or

 

(6)

Move 'That the business of the day be called on'; or

 

(7)

Move 'That the Chair direct the member to discontinue his or her speech'.

115 Order to be maintained by the Speaker

 

Order will be maintained in the House by the Speaker.

116 Speaker to be heard

 

When the Speaker stands members must sit down and be silent.

117 Entry to Chamber

 

A member must defer to the Chair when passing in front of the table. A member must not remain standing in any of the passages or gangways.

118 Imputations and personal reflections

 

Imputations of improper motives and personal reflections on the Sovereign, the Governor, a judicial officer or members of the Assembly or the Council are disorderly other than by substantive motion.

119 No offensive language against other members

 

A member must not use offensive or unbecoming words in relation to another member.

120 Objection to words

 

If a member objects to words used in debate:

 

(1)

The objection must be taken immediately.

 

(2)

If the words relate to a member of the House and that member finds them personally offensive, the Chair will order the words to be withdrawn and may require an apology.

 

(3)

If the Chair considers that any other words used are objectionable or unparliamentary, the Chair may order the words to be withdrawn and may require an apology.

 

(4)

A withdrawal, and an apology, must be made without explanation or qualification.

121 Moving around the Chamber

 

A member must not pass between the Chair and:

 

(1)

A member who is speaking; or

 

(2)

The table; or

 

(3)

The mace while it is being carried by the Serjeant-at-Arms.

122 Members not to read newspapers

 

It is inappropriate for a member to read a newspaper or similar large documents in his or her place other than when addressing the Chair.

123 Personal explanations

 

A member may make a personal explanation with the consent of the Chair when there is no question before the House. A personal explanation cannot be debated.