Rules of Debate

Introduction

Through its written rules and practices, the House of Commons has determined not only a procedural framework to allow it to debate and decide legislative proposals, but also the broad outlines for the conduct of Members towards each other and towards the institution as a whole. The Presiding Officers are thus charged with determining, among other issues, when and under what circumstances Members are recognized for debate; the length of speaking time individual Members are granted; proper attire; rules respecting the quoting of documents in debate and references to the "blues"; the application of the Sub Judice convention to debates and questioning in the House; and the civility of remarks directed towards other Members, representatives of the Crown and both Houses. During Speaker Fraser's term, several decisions touched upon these dual issues of "orderly process" and "decorum" and, taken collectively, can be grouped under the heading "Rules of Debate".

When formulating his rulings during this time period, Speaker Fraser took great care to blend long-established practices with an acknowledgement of the modern realities of live television broadcasts. Nowhere is this more evident than in the rulings related to decorum-and, more precisely, the issue of parliamentary language-and to the convention of Sub Judice.

During his tenure, great concern was expressed both in and outside the House about unparliamentary language. There were two aspects to this concern: first, the use of racist and sexist terms and second, the perception that the use of such terms carried no penalty. In late 1991 after a number of incidents, Speaker Fraser, with the co-operation of the House Leaders of the various parties, set up a Special Advisory Committee chaired by the Deputy Speaker to look into the matter of sexist and racist language in the House. This committee presented its report to the Speaker the following year. While the committee's work did not result in official changes to the text of the Standing Orders, the report and Speaker Fraser's frequent admonitions urging Members to exercise restraint in their choice of words are credited with having improved the general tone of the House. The importance of the issues of decorum and personal behaviour of the Members during Speaker Fraser's term dictates that these matters form the bulk of the decisions selected for this chapter.

With respect to the application of the Sub Judice convention, whereby Members voluntarily refrain from making reference either in debate or through motions and questions to matters before the courts, Speaker Fraser took care to explain to the Members and to the viewing public the intricacies of the convention, stressing both its practical and legal aspects. Speaker Fraser acknowledged the difficulties inherent in his role as guardian of free speech in the House, while at the same time attempting to ensure that the rights of those before the courts were not

prejudiced-in other words, his duty to balance the legitimate rights of the House with the rights and interests of the ordinary citizen undergoing the trial. Four rulings on this complex matter are included in this chapter.

Also important, during Speaker Fraser's term the practices respecting the moving of the motion "That an honourable Member be now heard" were clarified, as were certain practices respecting the "question and comment period". The prohibition against quoting from the "blues" was reiterated, and the parameters of proper attire when addressing the House re-affirmed. The issue of the use of a lectern in the House was also adjudicated upon. Decisions on these matters complete the chapter.