Thursday, 9 March 2023

Rulings from the Chair

Leave

The SPEAKER (09:35): Yesterday the Deputy Speaker referred to me a point of order raised by the Manager of Opposition Business regarding the handling of a request by a member for leave to move a motion on the notice paper this morning. As I had already ruled that leave had not been granted, I do not intend to revisit my decision and I therefore rule the point of order out of order.

However, the Deputy Speaker’s referral provides me with the opportunity to provide some guidance to the house about leave. Standing order 140(1) states, in part, that ‘a member may only move a motion to discuss a subject if he or she has given notice of that motion at a previous sitting of the house’. However, members may seek leave of the house to waive that notice period and debate it immediately or at a time other than the one scheduled. When something is done ‘by leave’, it is done with the permission of the house. In the Assembly this means it is done without a dissenting voice. In other words, it only takes one member to refuse permission for leave not to be granted.

The former standing orders, drawing on House of Commons practice, defined ‘leave’ as being ‘permission granted without a dissentient voice’. When a motion is moved by leave, the Speaker will inquire of the house ‘Is leave granted?’ to assess the will of the house before proceeding to the motion proposed. If at least one member answers ‘no’, leave is refused and the motion cannot be moved. I refer members to May, 25th edition, paragraph 20.8. Regardless of members saying ‘yes’ or otherwise indicating that leave is granted, any single member saying ‘no’ before the member proceeds to speak to the motion indicates to the Chair that leave is refused, and the Chair is obliged to announce that to the house.