Rules of Debate / Order of Speakers

Motion that a Member be now heard: receivability; previously recognized Member had already begun speaking

Debates, p. 7305

Context

On June 18, 1987, when the House resumed consideration of a motion to establish a special committee respecting capital punishment, the Speaker recognized Mr. Lorne Nystrom (Yorkton—Melville) for debate. As Mr. Nystrom began his remarks, the Hon. Allan Lawrence (Durham—Northumberland) rose on a point of order to attempt to move "That the Member for Ontario (Mr. Scott Fennell) be now heard."[1] The Speaker ruled immediately. The ruling is reproduced in extenso below.

Decision of the Chair

Mr. Speaker: The honourable Member has risen and moved a traditional motion that another Member be now heard.

It is important that all honourable Members and the public that is watching understand exactly what this procedure is, because it is a very difficult one for the Chair.

I am going to refer to what the procedural law is in this matter so that there is no misunderstanding. I am referring to a ruling of Speaker Sauvé on October 27, 1983. It is as follows:

"Members may on a point of order ask that an honourable Member be now heard as long as no other Member has the floor legitimately." Beauchesne states that a motion that a Member be now heard must be moved before the Member recognized has begun speaking. If the Member recognized has simply said "Madam Speaker," that is enough to be in possession of the House and, therefore, under those circumstances a motion that another Member be now heard is not in order.[2]

There is always a difficulty for the Chair in these cases, because there is what amounts to a physical contest for the floor. However, in this case, clearly the honourable Member for Yorkton—Melville had begun to speak, and I must advise the honourable Member [for Durham—Northumberland] that he is out of order. The honourable Member for Yorkton—Melville has the floor.

F0702-e

33-2

1987- 06-18

[1] Debates, June 18, 1987, p. 7305.

[2] Debates, October 27, 1983, p. 28391.