Rules of Debate / Miscellaneous

Strangers; Gentleman Usher of the Black Rod

Debates p.10959-60

Background

Two similar questions of privilege were raised after the Speaker read a message from the Office of the Governor General informing the House that the session would be prorogued that day. Noting that it was parliamentary practice to admit the Gentleman Usher of the Black Rod immediately upon his arrival, the Speaker asked the two Members, Mr. Baldwin (Peace River) and Mr. Knowles (Winnipeg North Centre), to state briefly what the questions were. Both objected to the prorogation since many items remained on the Order Paper and could disappear with the termination of the session. Mr. Baldwin stated that the Government's action was an attempt to defraud Members of their traditional rights, thereby constituting a contempt of the House. In order to show his protest, he called the Speaker's attention to the presence of strangers in the House, and asked the Chair to order that they withdraw immediately. Mr. Knowles then raised a question of privilege similar to that raised by Mr. Baldwin.

Issue

Can a Member impede access of the Senate messenger to the House by noting the presence of strangers?

Decision

No. According to parliamentary practice, the Gentleman Usher of the Black Rod must be admitted as soon as he arrives at the Chamber.

Reasons given by the Speaker

The Chair has the power to order the withdrawal at this point of strangers from the Chamber; that is, all people in the galleries, including those behind the Chair. This would be done, of course, without putting a motion and without a vote. It would not be proper, however, for the Chair to take such an initiative at this stage. It is a long-established practice that when a summons, manifested by a knock on the door, comes from the other place, it is the duty of the Speaker to admit the messenger and to hear the message from the other place. No precedent has been found to justify refusing admission to the Chamber to the Gentleman Usher of the Black Rod as the messenger of the Governor General's representative.