The Speaker
House of Representatives Infosheet
No. 3 Revised November 1998 Page menu : The
Speaker | The representatives' representative | In
the Chair - the Speaker's procedural role | Impartiality
of the Chair | The House's 'Minister' | Other
functions and duties | Election | Title
| Dress | Salary | Deputy
Speaker and Second Deputy Speaker | An historical note
| Speakers since 1901 | Further Reading
The Speaker
The Speaker, holding purely parliamentary
office, is less well known than some of the other figures in the Parliament who
hold greater power and influence in governmental or political terms. Nevertheless,
as far as the parliamentary institution is concerned, the Speakership is the most
important office in the House of Representatives. Section 35 of the Constitution
provides that: 'The House of Representatives shall, before proceeding
to the despatch of any other business, choose a Member to be the Speaker of the
House.' The Speaker is the principal office holder in the
House of Representatives. He or she is the House's representative or spokesperson,
the chair of its meetings and its 'Minister' in respect of its support services.
Because of this second function, the Speaker is commonly referred to as the House's
Presiding Officer, the Senate counterpart being the President of the Senate. The
importance of the Presiding Officers is acknowledged by the position of the Speaker
and the President in the Australian Order of Precedence, where they rank directly
after the Governor-General and State Governors, the Prime Minister, and a State
Premier within that Premier's State. The Speaker's authority is derived from
the House, to which his or her duty lies and to which he or she is answerable.
Just as the Speaker is elected by the House, he or she may be removed from office
by a vote of the House. The current Speaker is the
Hon. Neil Andrew MP, who was elected Speaker on 10 November 1998. 
The representatives' representative
The Speaker is the spokesperson for the House (hence the derivation of the name
'Speaker') in its relations with the other constituent parts of the Parliament—the
Senate and the Sovereign (represented by the Governor-General), the other arms
of government—the Executive and the Judiciary, and with other outside bodies
and persons. In this role Speakers are careful to maintain the authority of the
House, and to protect its rights and privileges. Important official communications
from and to the House are signed by and addressed to the Speaker. The Speaker
receives delegations from other Parliaments and special visitors on behalf of
the House. On formal occasions the Speaker represents the House and plays a central
ceremonial role. In representing the House the Speaker represents and is responsible
to the House and the totality of its Members, whether in government or opposition.
He or she is not responsible to the Executive Government and seeks to preserve
the House's independence from it.
In the Chair—the Speaker's procedural
role As Presiding Officer the Speaker presides over, or chairs, the meetings
of the House and ensures they are conducted in an orderly manner and according
to the provisions of the Constitution and the standing orders of the House. The
duties performed in the Chair are probably the Speaker's most important and onerous.
At the commencement of each day's sitting, the Speaker, being satisfied that
a quorum is present, reads the Prayers set out in the standing orders. Having
read Prayers, the Speaker then calls on the various items of business in the order
set down in the standing orders. The Speaker must ensure that the rules of
parliamentary procedure as embodied in the standing orders and practice of the
House are applied. The Speaker interprets and enforces the standing orders, responds
to Members' points of order and gives rulings when necessary. The Speaker
calls upon Members wishing to speak and in doing so seeks to allocate the call
evenly between the government and non-government Members and, despite the greater
responsibilities of Ministers and opposition frontbenchers, to ensure that backbenchers
are not overlooked. The Speaker must maintain order during debate. While most
proceedings pass routinely and without incident there are occasions when passions
become inflamed, excessive interjection occurs and the House becomes noisy and
unruly. The standing orders provide disciplinary powers to enable the Speaker
to maintain order. These vary in their severity and allow the Speaker to deal
with breaches of order in the most appropriate manner. For a minor infringement
a Member may merely be called to order or warned. For a more serious offence,
a Member may be ordered to withdraw from the Chamber for a period of one hour
and, for a major offence or persistent defiance of the Chair, a Member may be
'named' by the Chair and a motion for the Member's suspension moved. The Speaker
supervises rather than participates in proceedings. He or she does not normally
take part in debate and does not vote in the House except in the event of numbers
being equal, in which case the Speaker has a casting vote. The Speaker makes statements
or announcements to the House as necessary, and may be questioned on matters of
parliamentary administration. It is the Speaker's duty to call the House together
following an adjournment, by resolution, to a date and hour to be fixed. The
Speaker, while spending a considerable part of each sitting day in the Chamber,
is not present throughout proceedings, being relieved in the Chair by the Deputy
Speaker, the Second Deputy Speaker or one of the members of the Speaker's panel
serving as Deputy Speaker. Except in extraordinary circumstances the Speaker always
takes the Chair during question time and for more important occasions, such as
the presentation of the Budget by the Treasurer and the Leader of the Opposition's
speech in reply.
Impartiality of the Chair Notwithstanding
the fact that the Speakership has long been regarded as a political appointment,
successive Speakers have striven to discharge their duties with impartiality.
The degree of impartiality achieved depends on the occupant but, as a rule, Speakers
have been sufficiently detached from government activity to ensure what can be
justly claimed to be a high degree of impartiality in the Chair. Members are
entitled to expect that, even though politically affiliated, the Speaker will
carry out his or her functions impartially. At the same time a Speaker is entitled
to expect support from all Members regardless of their party.
The House's 'Minister' The Speaker
has ultimate responsibility, either alone or jointly with the President of the
Senate, for the administration of Parliament and the operation of Parliament House
and thus has an added administrative work load. The Speaker is considered
to be by law, or is in effect, 'Minister' for the Department of the House of Representatives,
having a similar role to that of a Minister of State in relation to a government
department. The permanent head of the department is the Clerk of the House.
The Department of the House of Representatives provides the administrative machinery
for the efficient conduct of the House of Representatives and its committees and
a range of services and facilities for Members in Parliament House. These include
the provision of office accommodation and associated support in Parliament House,
transport and travel requirements, and the responsibility for the payment of Members'
parliamentary salaries and allowances. Jointly with the President of the Senate,
the Speaker has the same 'ministerial' role in respect of the parliamentary service
departments—the Department of the Parliamentary Library, which provides information
and research services to Members and Senators; the Department of the Parliamentary
Reporting Staff (Hansard), which reports the debates and proceedings of both Houses
and their committees and provides, through the Parliamentary Information Systems
Office, computer and telecommunication services to Parliament House, and, through
the Sound and Vision Office, radio and television broadcast and closed circuit
facilities; and the Joint House Department, which maintains Parliament House and
its grounds, provides housekeeping and catering services, and guide services for
visitors. The Parliamentary Precincts Act provides that the parliamentary
precincts are under the control and management of the Presiding Officers who may,
subject to any order of either House, take any action they consider necessary
for the control and management of the precincts. In respect of the ministerial
wing these powers are subject to any limitations and conditions agreed between
the Presiding Officers and the Executive Government. The Speaker exercises singular
authority over the House of Representatives area in Parliament House.
Other functions and duties At
the beginning of each Parliament the Speaker is commissioned by the Governor-General
to administer the oath or affirmation of allegiance to any Member not present
at the opening of Parliament and to new Members elected during the course of a
Parliament. (The majority of Members are sworn in by the Governor-General's deputy
prior to the Speaker's election). The Speaker is responsible for the issue
of writs for by-elections. In addition to this constitutional function the Speaker
has a variety of specific duties laid down by a number of Acts, and in particular
by the Commonwealth Electoral Act. The Speaker is, ex officio, a member of
several parliamentary committees, including the Joint Committee on the Broadcasting
of Parliamentary Proceedings (Chairman), the House Committee (Chair) and the Library
Committee. With the President of the Senate, the Speaker is Joint President of
the Commonwealth of Australia Branch of the Commonwealth Parliamentary Association,
Joint President of the Australian Group of the Inter-Parliamentary Union and the
Chairman and Joint President of the Australian National Group of the Asia Pacific
Parliamentary Forum.
Election The process for choosing
the Speaker is set down in detail in the standing orders of the House. These provide
for the Speaker to be elected by Members, if the election is contested, by secret
ballot. The Speaker is elected for the duration of a Parliament. In practice the
office of Speaker is normally filled by the nominee of the governing party or
parties. The Speaker remains a member of his or her political party, and may
choose to attend party meetings. Speakers also take part in election campaigns.
On taking office the Speaker continues to carry out his or her duties as an ordinary
Member of Parliament and retains an 'electorate role' of representing and assisting
constituents.
Title A Member elected Speaker is
entitled, while Speaker, to the title 'Honourable', which, with the approval of
the Sovereign, may be retained for life. This privilege is usually only given
to those who have served as Speaker for three years or more.
Dress In the Chamber and for ceremonial
occasions the Speaker may wear a black gown. Traditionally, Speakers from the
non-Labor parties have worn the formal dress but Speakers from the Australian
Labor Party have not done so.
Salary The Speaker receives an
additional salary and expense of office allowance (slightly more than those of
the majority of Ministers) in addition to his or her salary and allowances as
a Member of Parliament.
Deputy Speaker and Second Deputy Speaker
At the beginning of each Parliament the House elects Members to the positions
of Deputy Speaker and Second Deputy Speaker after the Speaker has been elected.
The procedure is similar to that for the election of Speaker. The standing orders
provide for the Second Deputy Speaker to be a non-government Member. In the
absence of the Speaker the Deputy Speaker takes the Chair as Acting Speaker. He
or she may also take the Chair as Deputy Speaker whenever requested by the Speaker.
While in the Chair the Deputy Speaker has the same procedural powers and functions
as the Speaker. The Deputy Speaker is assisted by the Second Deputy Speaker and
a panel of Members drawn from both sides of the House and nominated by the Speaker
to serve in the Chair. If the Deputy Speaker is absent, the Second Deputy Speaker
or a member of the Speaker's panel may take the Chair as Deputy Speaker. In practice
an unofficial roster is maintained to provide occupants for the Chair throughout
a sitting. The Deputy Speaker takes the Chair of the Main Committee. The Chair
of the Main Committee has basically the same functions and similar powers to regulate
the conduct of business, and authority to preserve order (other than the power
to 'name' a Member), in the Main Committee as the Speaker has in the House. The
Second Deputy Speaker and members of the Speaker's panel assist the Deputy Speaker
in this role.
An historical note The office
of Speaker is a very ancient one, dating back eight hundred years to 13th century
England. It is an essential feature of the parliamentary system derived from Westminster.
In early times Speakers were variously described as 'Parlour' (mouth), 'Prolocutor'
(chairman) and 'Procurator' (agent). Essentially each acted as mouthpiece or spokesman
and hence 'Speaker' on behalf of the House in communicating its resolutions to
the Sovereign. The office of Speaker was central in the centuries-long battle
for supremacy between Parliament and the monarchy. Historically the role of the
Speaker has sometimes been an unenviable one. The chequered history of the Speakership
shows a number of Speakers dying violent deaths by way of execution or murder
while others were imprisoned, impeached or expelled from office. Up to the
17th century Speakers were often agents of the Sovereign and subsequently, with
the supremacy of Parliament, were usually associated politically with governments,
sometimes holding government office. However, by the mid 19th century the convention
of the Speaker being above party had become established in the United Kingdom.
In the House of Commons the Speaker abandons all party loyalties. When governments
change, the current Speaker is re-elected to office, and at general elections
a Speaker is usually unopposed by the major parties. This development has not
been transposed to Australia, although from time to time it has been proposed
that a similar arrangement should be introduced here.
Speakers of the House of Representatives
since 1901Date first elected
09.05.1901 - HOLDER, Hon. Sir Frederick
William, KCMG
28.07.1909 - SALMON, Hon. Charles
Carty
01.07.1910 - McDONALD, Hon. Charles
09.07.1913 - JOHNSON, William Elliot
08.10.1914 - McDONALD, Hon. Charles
14.06.1917 - JOHNSON, Sir William
Elliot, KCMG
28.02.1923 - WATT, Rt Hon. William
Alexander
13.01.1926 - GROOM, Hon. Sir Littleton
Ernest, KCMG, KC
20.11.1929 - MAKIN, Hon. Norman
John Oswald, AO
17.02.1932 - MACKAY, George Hugh
23.10.1934 - BELL, Hon. Sir George
John, KCMG, DSO, VD
20.11.1940 - NAIRN, Walter Maxwell
22.06.1943 - ROSEVEAR, Hon. John
Solomon
22.02.1950 - CAMERON, Hon. Archie
Galbraith
29.08.1956 - McLEAY, Hon Sir John,
KCMG, MM
21.02.1967 - ASTON, Hon. Sir William
John, KCMG
27.02.1973 - COPE, Hon. James Francis,
CMG
27.02.1975 - SCHOLES, Hon. Gordon
Glen Denton, AO
17.02.1976 - SNEDDEN, Rt Hon. Sir
Billy Mackie, KCMG, QC
21.04.1983 - JENKINS, Hon. Dr Henry
Alfred, AM
11.02.1986 - CHILD, Hon. Joan,
AO
29.08.1989 - McLEAY, Hon. Leo Boyce
04.05.1993 - MARTIN, Hon. Stephen
Paul
30.04.1996 - HALVERSON, Hon. Robert
George, OBE
04.03.1998 - SINCLAIR, Rt Hon.
Ian McCahon
10.11.1998 -ANDREW,
Hon. John Neil
Suggestions
for further readingHouse of Representatives Practice, 3rd edn.
A.G.P.S., Canberra, 1997. pp 177-219. Philip Laundy. The Office of Speaker
in the Parliaments of the Commonwealth. Quiller Press, London, 1984.
Last updated: 10 November 1998
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