Chapter 4 — The Speaker

4.1Introduction

The Speaker has been part of the Westminster parliamentary system since 1377. In the early days of Parliament, the Speaker was responsible for carrying messages, which were often complaints and grievances, from the people’s representatives to the Sovereign. This explains the title of “Speaker” — the one person empowered to speak to the Sovereign on behalf of Parliament. In Westminster’s early days, the Speaker acted as an intermediary between Parliament and the Sovereign, conveying Parliament’s wishes to the Sovereign, and vice versa. It was a potentially unpleasant position, as the Speaker would often be the recipient of the Sovereign’s wrath when Parliament acted against the Sovereign’s pleasure. This historical nature of the office explains why a Speaker will feign reluctance to take the Speaker’s chair upon election and must be dragged to the front of the Chamber.

The first Speakers were not appointed by the House of Commons but, rather, by the Sovereign. The Speaker’s primary role was to manage the Commons on the Sovereign’s behalf, rather than to serve as an impartial arbiter of proceedings. As the power of Parliament grew, the Speaker’s role as an agent of the Sovereign diminished. In the famous incident of 1642 in England, Speaker Lenthall refused the demand of King Charles I to produce five Members for arrest with his famous speech:

May it please Your Majesty, I have neither eyes to see, nor tongue to speak in this place but as this House is pleased to direct me, whose servant I am here; and I humbly beg Your Majesty’s pardon that I cannot give any other answer than this to what Your Majesty is pleased to demand of me.

By the end of the 17th century, the Speaker was a fully independent appointee of the House of Commons at Westminster.

It has been a longstanding practice, one that was in place even before British Columbia joined Confederation, that the Lieutenant Governor does not formally open a new Parliament until a Speaker has been chosen by Members of the Legislative Assembly. This tradition continues to this day, when the Lieutenant Governor will attend the Legislative Assembly on its first sitting day after a provincial general election, instruct 62 Members to select a Speaker and then retire until the Assembly has done so. It is only after a Speaker has been selected that the Lieutenant Governor will open the new Parliament with a Speech from the Throne. This is in keeping with a historically recognized role of the Speaker acting as the link and messenger between the Crown and Members of the Legislative Assembly.

A list of Speakers of the Legislative Assembly is provided in Appendix E.

4.2Overview of the Duties of the Speaker

The functions of the Speaker fall within three main categories. First, the Speaker presides over debate in the Legislative Assembly and is responsible for ensuring that the rules of order and decorum are preserved during proceedings. Second, the Speaker has administrative responsibilities relating to the management of the Legislative Assembly. Third, the Speaker is the spokesperson or representative of the Legislative Assembly in its relations with the Crown and other external authorities or persons outside of Parliament, including the executive branch of government.

As noted in House of Commons Procedure and Practice: “It is the responsibility of the Speaker to act as the guardian of the rights and privileges of Members and of the House as an institution” (3rd ed., p. 317). At the opening of a Parliament, the Speaker addresses the Lieutenant Governor and claims, on behalf of the Legislative Assembly, its established rights and privileges, particularly the freedom of speech in debates (see B.C. Journals, September 8, 2017, p. 25).

The functions of the Speaker fall within three main categories: to preside over debate in the Legislative Assembly; oversight of the management of the Legislative Assembly; and acting as the primary representative of the Legislative Assembly.

The Speaker’s procedural responsibilities include:

1. Opening and closing a sitting of the Legislative Assembly (the Speaker’s Procession enters and exits the Chamber via the main doors).

2. Maintaining order and decorum of proceedings and presiding over all debate.

3. Recognizing Members to speak in the House.

4. Reading motions, putting questions and announcing the results of votes.

5. Deciding on points of order and questions of privilege.

6. Deciding on applications for debate on a matter of urgent public importance (Standing Order 35).

7. Tabling documents, such as Legislative Assembly Management Committee reports, independent statutory officer reports or other documents deposited outside of sitting periods.

8. Authorizing the publication of parliamentary documents and proceedings.

9. Recalling the Legislative Assembly after an extended period of adjournment.

Additionally, the Speaker may undertake the procedural duties included in the Legislative Procedure Review Act (R.S.B.C. 1996, c. 261).

The Speaker also holds significant administrative responsibilities, which include chairing the Legislative Assembly Management Committee. The Legislative Assembly Management Committee Act (R.S.B.C. 1996, c. 258, s. 4(1)) sets out: “Subject to any direction of the committee, the Speaker is responsible for the day to day administration of the Legislative Assembly.” In practice, however, the day-to-day administration usually falls to the Clerk of the Legislative Assembly, with the Speaker fulfilling an oversight role. Pursuant to the Act, the Speaker is also responsible for security within the Legislative Precinct. The Sergeant-at-Arms manages day-to-day security operations, in consultation with the Speaker and the Clerk of the Legislative Assembly, who fulfill an oversight role.

The provincial Constitution Act (R.S.B.C. 1996, c. 66, s. 39(3)(a)) vests the Speaker with the power to appoint employees of the Legislative Assembly. This power extends only to employees of the Legislative Assembly; Members retain distinct authority relating to staffing of their legislative offices, recognized party caucuses and constituency offices. Furthermore, the Legislative Library Act (R.S.B.C. 1996, c. 260) charges the Speaker with oversight of the Legislative Library of British Columbia.

Finally, the Speaker acts as the representative of the Legislative Assembly in its relations with the Crown and other external authorities or persons outside of Parliament. The right of access to the Crown is exercised through the Speaker on behalf of the Legislative Assembly, as this right is denied to individual Members. The Speaker also frequently receives heads of mission that lead foreign diplomatic representation in Canada or in British Columbia. Furthermore, the Speaker may host delegations from other Parliaments and participate in meetings of parliamentary associations in Canada and abroad.

4.3Election of the Speaker

Prior to 1994 in British Columbia, the Speaker was appointed by way of a motion adopted by the Legislative Assembly. In 1994, the Standing Orders were amended with the creation of current Standing Order 11, providing for an election of the Speaker by way of a secret ballot if there is more than one declared candidate (see B.C. Journals, March 21, 1994, pp. 17-8).

STANDING ORDER 11

(a) (1) The House at its first Session of a Parliament, and at any other time as determined pursuant to Standing Order 11 (a)(2) shall make the election of Speaker the first order of business, which shall not be interrupted by any other proceedings.

(2) Where there is a vacancy in the Office of Speaker whether at the opening of a Parliament, or because the incumbent of that office has indicated his or her intention to resign the Office of Speaker, or for any other reason, the House shall proceed to elect one of its Members to be Speaker.

(3) No Minister of the Crown shall be eligible for election to the Office of Speaker.

(4) The election of a Speaker shall take precedence over all other business and no Motion of any kind shall be accepted, and the House shall continue to sit, if necessary, beyond its ordinary hour of daily adjournment, until a Speaker is elected and is installed in the Chair and if the House has continued to sit beyond its ordinary hour of daily adjournment, the Speaker shall thereupon adjourn the House until the next sitting, unless otherwise ordered.

(b) (1) For the purpose of electing a Speaker, the Clerk of the House, or in the absence of the Clerk, the Deputy Clerk or a Clerk Assistant, shall administer the election process and shall preside during the election of a Speaker.

(2) During the election of a Speaker, the Clerk of the House, Deputy Clerk or a Clerk Assistant, shall not be permitted to entertain any question of privilege or point of order.

(3) During the election of a Speaker, there shall be no debate.

(1) Any Member who does not wish to be considered for election to the Office of Speaker shall advise the Clerk of the House in writing no later than 6:00 o’clock p.m. on the day preceding the day in which the election of a Speaker is expected to take place.

(2) Before the taking of the first ballot, the Clerk of the House shall fix in the lobby an alphabetical list of candidates and shall distribute that list to Members present in the Chamber.

(3) Members present in the Chamber shall be provided with ballot papers by the Clerk of the House.

(4) Members wishing to indicate their choice for the Office of Speaker shall print the first and last name of a Member on the ballot paper and shall deposit their completed ballot papers in a box provided for that purpose at the Table.

(5) Once all Members wishing to do so have deposited their ballot paper, the vote shall be counted by the Clerks at the Table who, for this purpose, shall retire from the Chamber. The Clerk of the House, being satisfied as to the accuracy of the count, shall destroy the ballots together with all records of the number of ballots cast for each candidate, and all those persons present will in no way divulge the number of ballots cast for any candidate.

(6) If one candidate receives a majority of the votes cast, the Clerk of the House shall announce in the Chamber the name of that Member as Speaker.

(7) If no candidate receives a majority of the votes cast, the name of the candidate having the least number of total votes shall be excluded from subsequent ballots.

(8) If every candidate receives the same number of votes, no name shall be excluded from the next ballot.

(9) For each subsequent ballot, the Clerk of the House shall prepare an alphabetical list of candidates and affix that list in the lobbies, and distribute it to Members present in the Chamber.

(10) Subsequent ballots shall be conducted in the manner prescribed above, and the balloting shall continue, in like manner, until such time as a candidate is elected Speaker upon having received a majority of the votes cast.

(11) At any time after the result of the first ballot has been declared, but before the commencement of a second or subsequent ballot, a candidate may withdraw from the election, which shall then proceed as if such Member had not been nominated.

(12) If only one Member stands for election to the Office of Speaker, or at any stage a withdrawal pursuant to the above rules leaves only one candidate remaining, the Clerk of the House shall announce in the Chamber that candidate’s name and without any vote declare that Member to be elected Speaker.

(13) The election of a Speaker shall not be considered to be a question of confidence in the Government.

As set out in the provincial Constitution Act (s. 37), the election of a Speaker takes place on the first sitting day after a provincial general election, or when the Office of Speaker becomes vacant due to resignation, retirement, death or otherwise. If no Speaker is in place, the Legislative Assembly cannot proceed with its business until one is selected.

In the Legislative Assembly, there are no declared nominations for the Office of Speaker; all Members, with the exception of Ministers, are considered candidates for the Speakership unless they advise the Clerk of the Legislative Assembly in writing 66 by the deadline prescribed in Standing Order 11(c)(1) that they do not wish to be considered. In addition, recognized party leaders do not typically stand for election to the Speakership. In a contested election, it has not been the practice in B.C. for candidates to resort to any sort of formal campaigning.

The election of a Speaker takes place on the first sitting day after a provincial general election, or when the Office of Speaker becomes vacant due to resignation, retirement, death or otherwise.

In the past, during periods of transition following a provincial general election, the government has named a Speaker designate. The notion of a Speaker designate does not predetermine who the Legislative Assembly will select to be its Speaker at the opening of a Parliament, but such a designation is useful from an administrative perspective, as provided in the Legislative Assembly Management Committee Act (s. 6(1)).

Following an election of a Speaker, after the name of the successful candidate is announced by the Clerk of the Legislative Assembly, the newly elected Speaker is escorted to the chair, usually by the Government and Official Opposition House Leaders, feigning token resistance in acknowledgment of the sometimes historically unpleasant nature of the job. The Mace is then placed on the Table, and the first official act of the newly elected Speaker is to thank the Assembly for the honour it has bestowed. The Speaker then declares a short recess in order to assume the appropriate attire and returns to the Chamber clothed in court dress to preside over the Legislative Assembly’s proceedings.

The provincial Constitution Act deems the Speaker to be in office until the general voting day of the first provincial general election after being elected Speaker (s. 37(2)), unless the incumbent ceases to be a Member of the Legislative Assembly or resigns from the Office of Speaker. However, it is worth noting that the Legislative Assembly Management Committee Act (s. 6(1)) deems that the Speaker remains in office for administrative purposes under that Act until a Speaker designate is named or a new Speaker is elected.

4.4The Speaker’s Role in Preserving Order and Decorum

The Speaker is mandated by the provincial Constitution Act to preside over all sittings of the Legislative Assembly (s. 40). The Act also includes provisions on who is to preside in the Speaker’s absence (s. 41).

STANDING ORDER 9

The Speaker shall preserve order and decorum and shall decide questions of order and practice. In deciding a point of order or practice, the Speaker shall state the reasons for the decision and shall cite any Standing Order or other applicable authority. The Speaker may invite submissions from Members but no debate shall be permitted on any decision. No decision shall be subject to an appeal of the House.

The Speaker’s duties require balancing the rights and interests of the majority and the minority in the Legislative Assembly, and safeguarding the privileges of all Members. The Speaker is the servant of not the majority, not the minority, not any part of the House, but of all Members of the Legislative Assembly collectively. The Speaker’s authority is derived from those powers which the Legislative Assembly has conferred on the Office of Speaker, within any limits established by the Assembly.

Speaker Richmond delivered a statement to the Legislative Assembly which circumscribes well the Speaker’s authority and the respect surrounding the office. Amongst other things, he noted that certain Members “levelled a charge that the Chair was not conducting the proceedings with impartiality and, indeed, the word ‘partisan’ was directed at the Chair. Such behaviour will not be tolerated in this House and brings the institution into disrepute” (B.C. Journals, November 25, 2003, pp. 181-2).

Members may seek the Speaker’s guidance and assistance on procedural matters in the Speaker’s private chambers. Such matters may relate to questions surrounding order, decorum and other issues of a procedural nature. The practice of Members seeking consultation with the Speaker is outlined in a statement of Deputy Speaker Davidson (B.C. Journals, July 7, 1980, pp. 180-1):

Every member of the House has the right to discuss in private with Mr. Speaker, any matter on which he feels advice is needed. The Speaker will and has endeavoured to assist members to resolve difficulties of procedure and to find an appropriate method of bringing matters to the floor of the House.

Such private consultations are sanctioned by practice as noted in Sir Erskine May’s Parliamentary Practice and Beauchesne’s Parliamentary Rules and Forms, and are of assistance to both the member and the Speaker.

When a member consults with the Speaker and matters are touched upon which will later arise in the House, the member remains responsible for the presentation of his case in the House and for presenting all the facts to the other members of the House. It would be inappropriate for the Speaker to bring to the House personal knowledge of facts gained through private consultations which are confidential. It would be neither fair nor responsible for other members to be denied the opportunity to answer allegations when the full case is not presented in the House. The Speaker’s ruling will

be based only on the material brought forward in the House except where a fact is of such common knowledge, that notice of it may be taken.

I would also point out that it is highly irregular for a member to breach confidentiality of the Speaker’s office, just as it would be inappropriate for the Speaker to reveal to a member what had been discussed with another member.

Members may also be invited to the Speaker’s chambers for the Speaker to raise concerns or questions in private about a Member’s actions in the Chamber.

As Presiding Officer, the Speaker is responsible for ensuring order and decorum in the Legislative Assembly’s proceedings. In Beauchesne, it is noted:

Foremost among many responsibilities, the Speaker has the duty to maintain an orderly conduct of debate by repressing disorder when it arises, by refusing to propose the question upon motions and amendments which are irregular, and by calling the attention of the House to bills which are out of order. The Speaker rules on points of order submitted by Members on questions as they arise. (6th ed., §171, p. 50).

House of Commons Procedure and Practice notes:

As the arbiter of House proceedings, the Speaker’s duty is to preserve order and decorum in the House and to decide any matters of procedure that may arise. This duty carries with it a wide-ranging authority extending matters as diverse as the behaviour and attire of Members, the conduct of proceedings, the rules of debate and disruptions on the floor of the Chamber and in the galleries.…

There are a number of ways in which the Speaker may act to ensure that order and decorum are preserved. The rules governing the conduct of debate empower the Speaker to call a Member to order if the Member persists in repeating an argument already made in the course of debate, or in addressing a subject which is not relevant to the question before the House. The Speaker may intervene directly to address an individual Member or the House in general, or the Speaker may respond to a point of order raised by another Member. The Speaker can call to order any Member whose conduct is disruptive to the order of the House. For example, if it is a question of unparliamentary language, the Speaker usually asks the Member to rephrase or withdraw the word or expression. (3rd ed., pp. 318-9).

When in the Chair, the Speaker embodies the power and authority of the office, strengthened by rule and precedent. He or she must at all times show, and be seen to show, the impartiality required to sustain the trust and goodwill of the House. The actions of the Speaker may not be criticized in debate or by any means except by way of a substantive motion. Such motions have been moved against the Speaker and other Presiding Officers on very rare occasions. Reflections on the character or actions of the Speaker (an allegation of bias, for example) could be taken by the House as breaches of privilege and punished accordingly. (3rd ed., p. 323).

Erskine May also provides commentary on the Speaker’s role of preserving order and decorum in the United Kingdom:

It is the duty of the Speaker to intervene to preserve order, though he may refrain from intervening if he thinks it unnecessary to do so. If he does not intervene, however, whether for the above reason or because he has not perceived that a breach of order has been committed, it is the right of any Member who thinks that such a breach has been committed to rise in his place, interrupting any Member who may be speaking, and direct the attention of the Chair to the matter. A Member speaking to order must simply direct attention to the point complained of, and submit to the decision of the Speaker. If the Speaker is of the opinion that the words or conduct complained of are disorderly, he will call upon the Member to conform to the rules of the House.

Speakers have exercised discretion over the taking of points of order and have indicated at what point in the proceedings they are prepared to hear them.…

Doubtful cases may arise upon which the rules of the House are indistinct or obsolete or do not apply directly to the point at issue. The Speaker will then usually give a ruling to cover the new circumstances, although he has on occasion referred the matter to the judgment of the House.

The Speaker has deprecated the practice of Members raising points of order on political issues which have nothing to do with the Chair, and has expressed the hope that points of order will not be used as an extension of question time.…

Whenever the Speaker rises to intervene in a debate, he should be heard in silence, and any Member who is speaking or offering to speak should immediately sit down. Members should not leave their seats while the Speaker is addressing the House.… A Member who persists in standing after the Speaker has risen and refuses to resume his seat when directed by the Chair to do so may be either directed to withdraw from the House for the remainder of the sitting or named for disregarding the authority of the Chair. (24th ed., pp. 455-6; see also 25th ed., §21.49, p. 510).

The Speaker maintains authority to intervene when rules or order and decorum have been breached, including in instances when Members use language in proceedings that is unparliamentary (see decision of Speaker Plecas, B.C. Journals, November 7, 2017, pp. 58-9).

Further information on the Speaker’s power to deal with disorderly conduct by Members is provided in Chapter 6 (Order and Decorum) and is also covered in Standing Orders 19, 20 and 21.

Standing Order 9

a.requires the Speaker to decide questions of order and practice;

b.requires the Speaker to state the reasons for a decision on a question of order or practice;

c.permits the Speaker to invite submissions from Members;

d.does not permit debate on a decision of the Speaker; and

e.does not permit appeals to the Legislative Assembly of a decision of the Speaker.

While Standing Order 9 requires the Speaker to decide all points of order, procedural authorities in other jurisdictions are clear that the Speaker is not required to

a.give a ruling on a hypothetical or abstract situation (see B.C. Journals, January 17, 1977, p. 14; House of Representatives (Australia) Hansard, May 20, 1952, p. 466; see also House of Commons Procedure and Practice, 3rd ed., p. 641);

b.give “guidance” from the chair in the Chamber (see House of Commons (U.K.) Hansard, January 25, 1972, vol. 829, c. 1198; April 28, 1971, vol. 816, c. 425; March 3, 1971, vol. 812, c. 1709; June 28, 1961, vol. 643, c. 454);

c.express an opinion when asked to do so by a Member (see House of Representatives (Australia) Hansard, October 4, 1962, p. 1192);

d.determine whether statements are fact, opinion or fiction (see House of Representatives (Australia) Hansard, March 22, 1966, p. 464; Saskatchewan Journals, February 27, 1948, p. 70);

e.express a legal opinion or give a statutory interpretation (see B.C. Journals, July 10, 1995, pp. 152-3);

f.give a ruling on a matter arising or likely to arise in committee, as these matters are inevitably settled in committee, unless they come forward as part of a report to the Legislative Assembly (see B.C. Journals, May 29, 2002, p. 136; July 12, 1995, pp. 159-60; June 14, 1995, pp. 101-2); and

g.determine the issue of confidence in the government, as it is not a question of procedure or order but is subject to political determination (see House of Commons Procedure and Practice, 3rd ed., p. 42).

When a decision on a question of order is reached, the Speaker delivers the ruling through a statement in the Legislative Assembly, and the matter is no longer open for debate or discussion. Standing Order 9 sets out that a ruling cannot be appealed to the Assembly. This amendment to the Standing Orders was adopted in 1985. This provision is an important element of conferring upon the Speaker wide-ranging authority in matters of order and decorum in the House. Actions of the Speaker or other Presiding Officers cannot be criticized. Any reflections on the character or actions of the Speaker, 71 other than by a substantive motion, may be constituted as a breach of privilege itself (see decision of Speaker Lovick, B.C. Journals, June 12, 1997, pp. 97-8).

4.4.1Reserving Decisions or Reasons

By custom and usage in the Legislative Assembly, the Speaker has the authority to render a decision and reserve formal reasons until a later sitting. The Speaker may also reserve the decision itself (see decision of Speaker Schroeder, B.C. Journals, April 13, 1982, pp. 41-2). As noted in Senate Procedure in Practice:

…in cases where the point of order is straightforward or it is apparent that it has been raised for purposes other than correcting irregular procedure, the Speaker usually makes a ruling immediately. In situations where the question raised is ambiguous, several Speakers “have expressed a preference for presuming a matter to be in order, unless and until the contrary position is established.” If the point of order involves a more complex issue, the Speaker may take the matter under advisement to prepare a ruling to be given at a later time. (p. 220).

Routine points of order are typically disposed of as they are raised, and the Speaker does not reserve a decision in every case. L.A. Abraham, former Principal Clerk of Committees, House of Commons of the U.K., noted the following during an appearance before the Select Committee on Parliamentary Privilege, as recorded in a 1966-1967 report of the Committee:

It seems to me that some of these matters could perfectly well have been disposed of out of hand. Some of the Speakers, like Mr. Peel, have said, “I do not see any breach”, and that has ended the matter. To sit in solemn judgment on some of these things is to elevate them to a position of importance which they do not deserve.

When a point of order is raised in relation to an amendment to a bill or to a motion, it is the practice in the Legislative Assembly to permit debate to proceed on the proposed amendment pending a ruling from the Chair as to the propriety of the amendment.

4.4.2Speaker’s Decision Challenged in the Guise of a Question of Privilege

As outlined in a decision of Speaker Lovick, a Speaker’s ruling cannot be challenged in the guise of a question of privilege, nor can it be appealed. Speaker Lovick noted (B.C. Journals, June 12, 1997, pp. 97-8):

I have now had an opportunity to review the matter of privilege brought to the House yesterday by the Honourable Member for Okanagan−Penticton.

It seems to me that the heart of the matter raised by the Honourable Member appears on page 2 of his statement, and the allegation is that the Member’s privileges were breached in two ways:

1. The Deputy Speaker should not have assumed the Chair for the purpose of ruling on the original matters of privilege because of a reasonable apprehension of bias; and

2. In the disposition of the Honourable Member’s point of privilege, she demonstrated actual bias.

Let me begin by emphasizing one point: it would be virtually impossible, and quite improper, for the Speaker in this instance to attempt to weigh the evidence which the Member has tabled in support of the allegation of bias, or the counter-evidence presented by the Government House Leader.

This is because it is axiomatic in the Law of Parliament that any such charge should be brought forward by way of a substantive motion under notice, and not clothed in the guise of a matter of privilege. As all Honourable Members are aware, any charges of impropriety or bias directed at a presiding officer are treated by Parliament with the utmost seriousness, and must not, then, arise as incidental to another proceeding.

Our Standing Orders, and our practice since 1985, make it abundantly clear that no appeal lies from the decision of the Speaker, the Deputy Speaker or the Chair of Committees.

In fact, in [1985], an all-party committee of this House, after extensive deliberations, recommended inter alia that appeals of the Speaker’s decisions should be abolished. The House then unanimously adopted new Standing Orders including Standing Order 9, as amended. I would also refer all Members to the following commentary, which appears in MacMinn’s Parliamentary Practice in British Columbia, 2nd and 3rd editions:

If one had to select a single amendment to the Standing Orders recommended to the House by the Select Standing Committee on Standing Orders and Private Bills in 1985 which, in the long run, will contribute most toward the enhancement of the dignity of the Legislative Assembly of British Columbia, the amendment to Standing Order 9, abolishing appeals from a ruling of the Chair, would be considered paramount.

It is quite clear from the Honourable Member’s statement of privilege that he takes exception to the decision when he suggests on page 2 that the apology offered was conditional. The Honourable Member goes on to say at the top of page 3, and I quote, “thus it is my contention that no person sitting in the Chair, acting reasonably and objectively, could have accepted the Minister’s statement as putting an end to the matter.”

I want to emphasize, then, that while it is not in keeping with parliamentary practice for a Speaker to review decisions of a Deputy Speaker, or indeed of Committee Chairs, in this particular instance it seems to me as your Speaker that a brief observation on that decision cannot be avoided

in order to determine whether there is any indication whatsoever that an element of bias, as alleged, could be extrapolated from the decision.

Erskine May’s Parliamentary Practice, 21st edition at pages 140, 141 and 143 confirms the widely accepted proposition that an apology is a full answer to the type of offence alleged in this matter. Indeed, the authority quoted above goes further when it states even after a finding that a Member’s conduct amounts to a breach of privilege or a contempt, an apology is a full answer and satisfies the House. In this case, I note the apology was made without any such finding.

The Deputy Speaker heard the apology as given by the Minister and had only to decide whether or not, in her judgment, the words spoken constituted a genuine apology. The Deputy Speaker made that determination which under our rules is not subject to an appeal to the House or the Speaker. That decision having been taken, the alleged offences which were the foundation for the earlier matters of privilege, i.e. that the Member misled the House, were fully answered.

There is, however, one more principle which the Chair wishes to bring emphatically to the attention of Honourable Members, and that is the actions of a presiding officer ought not to be criticized incidentally in debate upon any form of proceeding except a substantive motion, and indeed it has been held that any reflection upon the character or the actions of the Speaker, other than by substantive motion, may be punished as a breach of privilege it itself. (Erskine May’s 21st edition at pages 127, 180 and 325).

It is the Chair’s view that the matter of privilege as stated contains a clear accusation of bias on the part of the Deputy Speaker, and in the form in which it was presented might, in itself, be categorized as a breach of privilege in this House.

In summary, it must follow that the matter of privilege fails on two grounds:

1. In essence, it amounts to an appeal of the Deputy Speaker’s decision which is clearly contrary to Standing Orders 9 and 15.

2. It contains a charge of bias against the Deputy Speaker which can only be brought forward by a distinct motion on notice.

Speaker Lovick’s ruling highlights that “the actions of a presiding officer ought not to be criticized incidentally in debate upon any form of proceeding except a substantive motion.”

4.5The Speaker’s Impartiality and Casting Vote

Vital to the Office of Speaker is the requirement for the incumbent to remain impartial and avoid publicly advocating on matters under consideration by the Legislative Assembly. The Speaker typically refrains from partisan activity, choosing not to attend caucus meetings if a member of a caucus. However, the Speaker must still fulfill the role of a Member of the Legislative Assembly, and continues to listen to constituents 74 and represent their interests, sometimes by working privately with government officials on constituency matters.

STANDING ORDER 10

The Speaker shall not take part in any debate before the House. In case of an equality of votes, the Speaker shall give a casting vote, and any reasons stated by him or her shall be entered in the Journal.

4.5.1Debate in Committee

While Standing Order 10 prohibits the Speaker from taking part in debate in the Legislative Assembly, the rule is silent as to the Speaker’s position in committee. Erskine May (18th ed., p. 398) suggests that while entitled to speak and vote in a Committee of the Whole, by modern usage, the Speaker has abstained from the exercise of this right. The last recorded example was that of Speaker Denison in the U.K. in 1870. Erskine May makes no reference to the right of the Speaker to vote in a Committee of the Whole, and states that the Speaker takes no part in debates in the House or in committee (25th ed., §4.23, p. 58; see also House of Commons Procedure and Practice, 3rd ed., pp. 324-5).

While the Speaker could be seen as usefully contributing to a debate involving the internal operations of the Legislative Assembly or a special matter of concern to constituents, the accepted practice today is that the Speaker never takes part in deliberations of a Committee of the Whole and never votes in a division in a Committee of the Whole (see Bourinot, 1st ed., p. 168; House of Commons Procedure and Practice, 3rd ed., pp. 324-5).

4.5.2Casting Vote

The provincial Constitution Act states: “All questions [considered by the Legislative Assembly] must be determined by a majority of votes of the Members present, other than the Speaker” (s. 43). It further states: “If a vote in the Legislative Assembly is tied, the Speaker has a casting vote” (s. 44).

A casting vote given in accordance with established principles, explanations of the procedural rationale behind the vote, and avoidance of comments on the merits of the issues reinforces the Speaker’s impartiality and the confidence of the Legislative Assembly in the Speaker.

There are several principles that should guide the exercise of this significant power possessed by the Speaker. While the principles seem generally understood, their application has been somewhat inconsistent. The principles are as follows:

The Speaker uses the casting vote in such a way that further discussion will be permitted. In the case of bills, it would be used to permit the bill to advance a further stage. The Speaker should avoid using the casting vote in such a way as to amount to a final determination of the matter.

On the motion for second reading of a bill, the casting vote would be used in such a way that the bill would be forwarded to committee for further discussion. A negative vote on the motion for second reading would have the effect of defeating the bill, therefore preventing further discussion.

Likewise, on a hoist amendment and on a reasoned amendment to the motion for second or third reading of a bill, the Speaker has voted against these amendments to allow further discussion, and on the principle that important decisions should not be taken except by a majority. The Speaker would vote against a hoist or reasoned amendment because, under modern usage, passage of such motions will defeat a bill.

When voices are equal in a Committee of the Whole (committee stage of a bill), the Chair gives a casting vote on the same principles as followed by the Speaker in the House. Therefore, the Chair should vote

a.in favour of passing a clause or a schedule, to maintain the bill in its existing form;

b.against an amendment or subamendment to a clause or a schedule, to maintain the bill in its existing form and to allow further discussion;

c.in favour of the title of a bill to allow further discussion by advancing the bill one stage;

d.in favour of a motion to rise and report the bill (except when moved as a dilatory motion) to advance the bill once again, thereby again maintaining its normal progress.

The accepted principles regarding the exercise of the casting vote work well, except when the issue before the Legislative Assembly has arrived at the final stage, as at the motion for third reading of a bill. In such circumstances, the Speaker is faced with a difficult dilemma.

Voting against the motion for third reading in essence defeats the bill. The rationale in such an instance would be that important and conclusive decisions should be taken by a majority of the Legislative Assembly, rather than committing the House to legislation by the one vote of the Speaker. In such an occurrence, the bill could conceivably be reintroduced, albeit only in a subsequent Session. Alternately, pursuant to Standing Order 86, after the motion for third reading has passed, a motion discharging the third reading order and recommitting the bill could be adopted by the Legislative Assembly. This procedure is further outlined in Chapter 10 (Legislative Process).

Voting in the affirmative at third reading could be explained as being a reflection of the will of the Legislative Assembly, as expressed at second reading and at committee stage. This may seem to be a more defensible approach by the Speaker. However, commentaries by procedural authorities in other jurisdictions favour the Speaker’s negative vote at third reading “whenever no further discussion is possible, preserving the possibility that the matter might somehow be brought back in the future and be decided by a majority of the House” (House of Commons Procedure and Practice, 3rd ed., 76 p. 328). Such an action would be “leaving to the future judgement of the House to decide what change in the law should be made” (Erskine May, 25th ed., §20.92, p. 472).

A Speaker may be in a situation of having to make a casting vote on a closure motion on the debate on second reading of an important bill. An affirmative vote on the closure motion would presumably complete second reading and move the bill to committee for further consideration. A negative vote on the closure motion would presumably continue the debate on second reading, permitting further opportunity for the expression of opinion. In the United Kingdom, the traditional practice is for the Speaker to vote against a closure motion, in keeping with the principle that the Speaker should always vote for further discussion (see Erskine May, 25th ed., §§20.90-20.91, pp. 471-2). However, not all Speakers have followed this principle.

Erskine May (25th ed., §§20.91-20.93, pp. 471-3) notes that the decisions of successive Speakers with regard to the casting vote have not been consistent, but certain principles in guiding the Speaker have emerged:

1. That the Speaker should always vote for further discussion, where this is possible;

2. That, where no further discussion is possible, decisions should not be taken except by a majority; and

3. That a casting vote on an amendment to a bill should leave the bill in its existing form. (See Erskine May, 25th ed., §20.90, p. 471).

4.5.3Obligation to Give a Casting Vote

The rule is that the Speaker (or chair occupant presiding over a division) must give a casting vote when the numbers are equal. This is consistent with Standing Order 10, which states that the Speaker shall give a casting vote — it is not discretionary.

While not obligated to give reasons for voting in the affirmative or negative, it is desirable that the Speaker do so. In accordance with Standing Order 10, reasons, when stated, are entered in the Votes and Proceedings and ultimately the Journals, the official record of proceedings of the Legislative Assembly.

For examples of casting votes by Speakers and reasons given for their decisions, see B.C. Journals, May 6, 1997, p. 60; May 6, 1980, pp. 5, 7; see also Erskine May, 25th ed., §§20.89-20.93, pp. 470-3; House of Commons Procedure and Practice, 3rd ed., pp. 326-7.

4.6Other Presiding Officers

The provincial Constitution Act provides that “At the beginning of every session, or as the need arises, the Legislative Assembly may appoint one of its members to be Deputy Speaker” (s. 37(3)). Standing Order 14 officially creates and recognizes the positions of Deputy Speaker, Assistant Deputy Speaker, and Deputy Chairperson of the Committee of the Whole.

A list of Deputy Speakers, Assistant Deputy Speakers and Deputy Chairpersons of the Committee of the Whole is provided in Appendix F.

In the Legislative Assembly, the appointment of a Deputy Speaker dates to B.C.’s early days as a province of Canada, though such appointments became more consistent on a sessional basis as of 1911. The Assembly has appointed a Deputy Chairperson of the Committee of the Whole since 1985, and an Assistant Deputy Speaker has been appointed since 2005.

STANDING ORDER 14

At the commencement of every Session, or from time to time as necessity arises, the House may appoint one of its Members to be Deputy Speaker and another Member to be Deputy Chairperson of the Committee of the Whole. In addition, the House may appoint one of the Members of the Official Opposition to be Assistant Deputy Speaker.

A Member appointed to the position of Deputy Speaker, Assistant Deputy Speaker or Deputy Chairperson of the Committee of the Whole joins the Speaker in acting as a Presiding Officer of the Legislative Assembly. In undertaking these roles, other Presiding Officers fulfill their procedural responsibilities with neutrality and impartiality.

As set out in Standing Order 14, a motion adopted by the Legislative Assembly effecting these appointments is only valid for the Session in which it is adopted. Therefore, unlike the Speaker, these positions are filled at the start of each new Session of a Parliament. The positions of Deputy Speaker and Deputy Chairperson of the Committee of the Whole are usually filled by a Member of the Government Caucus. Standing Order 14 sets out that the position of Assistant Deputy Speaker must be filled by a Member of the Official Opposition Caucus.

In practice, the Speaker, Deputy Speaker and Assistant Deputy Speaker preside over deliberations that take place in the Chamber. However, the Speaker does not preside over committee stage, including consideration of a bill in a Committee of the Whole and the consideration of estimates in the Committee of Supply. The Deputy Chairperson of the Committee of the Whole or another designated Member usually presides over deliberations in the Douglas Fir Committee Room or the Birch Committee Room when proceedings of the Legislative Assembly are divided into concurrent chambers.

When the Legislative Assembly sits as a Committee of the Whole or as the Committee of Supply and resolves to report out of the Committee, a Presiding Officer or a designated Member will do so to the Assembly through the Speaker.

4.6.1Powers of Other Member Presiding

The provincial Constitution Act provides that the powers of the Deputy Speaker or other presiding Member are equal to those of the Speaker when acting in that capacity. Section 41 of the Act states:

41(1) Every Act passed, order made and thing done by the Legislative Assembly while the Deputy Speaker or a member is presiding or acting as Speaker is as valid as if the Speaker were presiding.

(2) Every act done, and every warrant, order or other document issued, signed or published by the Deputy Speaker or a member presiding or acting as Speaker, in relation to proceedings of the Legislative Assembly, or which under any statute could be done, issued, signed or published by the Speaker if then present and acting, has the same effect as if it had been done, issued, signed or published by the Speaker.

Standing Order 15 is complementary to section 41 of the provincial Constitution Act and codifies the practice of the Legislative Assembly. The Standing Order provides the mechanics whereby another Member may occupy the Speaker’s chair in the absence of the Speaker, and the provincial Constitution Act affirms the validity of all proceedings of the Legislative Assembly in such circumstances.

STANDING ORDER 15

The Deputy Speaker or another Member of the House may take the Chair in the House or in Committee of the Whole whenever requested to do so by the Speaker or by the Deputy Speaker, and no formal communication to the House is necessary. The Deputy Speaker or other Member of the House shall, under this Standing Order, have and execute all the powers, privileges and duties of the Speaker.

When the Assistant Deputy Speaker, Deputy Chairperson of the Committee of the Whole or other Member occupies the Speaker’s chair at the request of the Speaker or the Deputy Speaker, that Member has all the powers of the Speaker, subject to restrictions relating to closure set out in Standing Order 46(3).

In debate, the practice in the Legislative Assembly is to refer to any occupant of the Speaker’s chair (while the Mace is on the Table) as “Speaker,” for it is the office that is being addressed, and not the person (see statement of Speaker Irwin, B.C. Journals, February 26, 1954, p. 17).

4.7Unavoidable Absence of the Speaker

STANDING ORDER 12

Whenever the House is informed by the Clerk at the Table of the unavoidable absence of the Speaker, the Deputy Speaker or the Deputy Chairperson of the Committee of the Whole or, in their absence, any Member appointed by the House shall take the Chair and shall perform the duties and exercise the authority of the Speaker in relation to all the proceedings of the House until the meeting of the House on the next sitting day, and so on from day to day on the like information being given to the House until the House otherwise orders.

STANDING ORDER 13

In the absence of the Speaker from the House for a period of 5 consecutive sitting days, the House may elect another of its Members to act as Speaker, and the Member so elected shall, during such absence of the Speaker, have and execute all the powers, privileges and duties of the Speaker.

Should the Speaker be unavoidably absent, an announcement to that effect is made by the Clerk of the Legislative Assembly as soon as the Mace is placed on the Table and before Prayers and Reflections. The Speaker’s place is then taken by the Deputy Speaker or another Presiding Officer (see Beauchesne, 6th ed., §342, p. 105; see also B.C. Votes and Proceedings, May 8, 2019, p. 1).

The Deputy Speaker may not preside on a closure motion in the Legislative Assembly (Standing Order 46(3)), unless the Speaker’s absence has been previously announced to the Assembly by the Clerk of the Legislative Assembly, in accordance with Standing Order 12. This is implicit in reading Standing Order 46(3) together with Standing Order 12, specifically as it relates to Standing Order 15.

The provisions of Standing Order 13 are permissive, and not mandatory. The Standing Order must be read in conjunction with Standing Order 12, which outlines the procedure most commonly followed in parliamentary jurisdictions around the Commonwealth. The practice in the Legislative Assembly has been for the Clerk of the Legislative Assembly to announce the absence of the Speaker on a daily basis.