Legislative Assembly
Parliament of
Fact Sheet 7
Decorum in the House
As a mark of respect to the dignity and status of the Parliament, there
are a number of standing orders and rulings from the Chair which seek to
formalise good behaviour in the House.
The expectation is that all parliamentary proceedings will be conducted
in a spirit of good temper, moderation and polite behaviour and that members
will act accordingly.
Decorum in the House refers to both the expected
behaviour of members while in the House, and to members’ use of disorderly or
unparliamentary language.
Procedure
in the House
·
At the start of a
sitting day, members take their place in the Chamber and remain standing until
the Speaker has read the Prayer.
·
After the Assembly
has started sitting, members may leave the Chamber at any time except when the
Chair is putting a question, or after the doors have been locked for a division.
No member may leave the Chamber if a quorum is called.
·
When entering or
leaving the Chamber, or crossing the House, members bow their head to the Chair
as a gesture of respect.
·
When in the
Chamber, members should take their place and not stand in passageways.
·
Members should
not pass between the Chair and any member speaking, nor between the Chair and
the Table, or between the Chair and the Mace while it is being carried by the
Serjeant-at-Arms. It is not acceptable
for members to crouch down and then pass between the Speaker and the member
speaking.
·
Members speaking
in the House should stand and address their remarks through the Chair.
·
Gestures, nods,
or any other communication between people in the press or the public galleries
and members are also considered disorderly.
·
Whenever the
Speaker rises to interrupt a debate, the member then speaking must resume his or
her seat and the House remains silent so that the Speaker can be heard without
interruption. Any other member standing
in the Chamber should take a seat when the Speaker stands.
·
It is customary
for members to refer to the Legislative Council as ‘another place’. This practice has its origins in an ancient
grievance between the House of Commons and the House of Lords.
Maintenance of Order
·
Except on the
occasion when the Chair welcomes distinguished visitors in the gallery,
clapping in the House is considered out of order. Parliamentary custom permits the expression
‘hear, hear’ as a sign of approval.
·
It is the
practice of the House not to permit the reading of newspapers or other reading
matter in the Chamber, but it is in order for a member to refer to books or
newspapers when they relate to his or her speech in the House.
·
With the
exception of an inaugural speech or ministers’ second reading speeches, members
must not read their speeches but are permitted to refer to notes during debate.
·
Parliament is a
modern workplace which is reflected in the Chamber where the members are
permitted to use laptop computers. The
Clerks at the Table also use portable computers. However, the use of mobile
telephones and pagers in the Chamber is not permitted.
·
It is
unacceptable to display visual aids, exhibits or other objects during debate.
·
Members must not
refer to any other member by name or speak directly to them but should refer to
the member in the third person, either by reference to the member’s electorate
or by title of office.
·
Members must not
use offensive or unbecoming words about any other member of the House. All imputations of improper motives and
personal reflections on members are disorderly.
·
If a member finds
words personally referring to him or her as being personally offensive, the
member may seek a withdrawal of the words.
The Speaker will order the words to be withdrawn and may require an
apology.
·
It is also
considered disorderly for members to make noises or other disturbances whilst
in the House. In 1693 the House of
Commons in
·
Members should
not interrupt other members when they are speaking unless it is to raise a
point of order.
Rules of Debate
·
When the House is
sitting, members must not speak to people in the public gallery or the press
gallery.
·
Members must not
use the name of the Sovereign, the Governor-General or the Governor
disrespectfully in debate.
·
Unless the debate
is based on a substantive motion, reflections should not be made in debate upon
the conduct or character of the Sovereign, the Governor, a member of the
judiciary, or members of the Assembly or Council.
·
A member must not
refer to any debate or matter pending in the Council. If the Speaker is satisfied that a member has
been misrepresented in the Council, with the permission of the House the member
can make a personal statement to refute or explain what was said in the Council.
·
A member must not
depart from the subject matter under discussion.
·
The House imposes
a restriction on itself by not debating matters before the courts. This is known as the sub judice convention. By
this convention, the House prevents its own deliberations from prejudicing the
course of justice. Further details are
provided in Fact Sheet 28: Sub Judice.
Code of Dress in the House
Although there are no written dress regulations in the
House, the unspoken code is that members dress in a manner that reflects the
dignity of the Chamber.
Eating/Drinking in the House
·
Members may drink
the water provided on the table of the House but otherwise may not eat or drink
in the Chamber. There is a 1947 House of
Commons ruling on this in which the Speaker was compelled to rule:
In this Chamber one does not smoke, one does not chew
gum, one does not eat chocolates and sweets — and one does not peel and eat an
orange in this Chamber either.
·
It is also
disorderly to refer to the lack of sobriety of a member.
Disorder
Under Standing Order 124 where the Speaker or Deputy
Speaker considers the conduct of a member to be disorderly, the member may be
ordered to leave the House for up to one and a half hours, although if there is
a division during the member's suspension the member may return to the House
and vote.
If the House adjourns before the end of the suspension
period then the remaining time will be carried forward to the next day and the
member can return to the Chamber after the time remaining has expired.
If a member does not immediately withdraw after being
ordered to do so, the Speaker or Deputy Speaker may name the member under
Standing Order 125.
Naming and
Suspension of a Member
The use of offensive or discourteous words or the
imputation of improper motives and personal reflections on any member is
disorderly. Abusive or insulting language or gestures are unparliamentary and
will result in a request that they be withdrawn.
If a member persistently and wilfully disregards the
authority of the Chair, or obstructs the business of the House, the Speaker or
Deputy Speaker can name the member. That
means that they refer to the member by name, rather than by office.
Erskine May's Parliamentary Practice indicates the
first recorded use of this sanction was in the House of Commons in 1641 when it
was resolved:
That if any man shall whisper or stir out of his place
to the disturbance of the House at any message or business of importance, Mr
Speaker is ordered to present his name to the House for the House to proceed
against him as they shall think fit.
Under Standing Orders 126–7, a member named by the Speaker is usually suspended
from the House for the remainder of that day’s proceedings, or for longer if
the House thinks fit. A suspended member
must not re-enter the Chamber during the period of suspension. To be named is a serious punishment because
the named member’s electorate is, in effect, not represented in the House for
that period.
If the Deputy Speaker names a member, he or she must
immediately report the matter to the Speaker.
Issued by the Clerk of the
Legislative Assembly, November 2004
Fact Sheets
The Legislative Assembly Procedure Office
has produced a series of Fact Sheets that explain parliamentary procedure and
terminology. All Fact Sheets are available on Parliament’s website www.parliament.vic.gov.au
or through the Procedure Office. Contact Details
Procedure Office, Legislative Assembly,
Parliament House, Spring Street, Phone No: 03
9651 8563 Fax No: 03 9650 7245 Email: assembly@parliament.vic.gov.au |