7. DISORDER
Order to withdraw from the Chamber
If the Speaker considers a Members conduct to be disorderly he or she may order the Member to withdraw from the Chamber for one hour (S.O. 304A). This action is taken as an alternative to naming the Member—the decision as to whether a naming or an order to withdraw is more appropriate is a matter for the Speakers discretion. The order to withdraw is not open to debate or dissent. When so ordered, a Member failing to leave the Chamber immediately may be named.
Naming and suspension
A Member may be named if he or she has:
persistently and wilfully obstructed the business of the House; been guilty of disorderly conduct; used objectionable words, and refused to withdraw them; persistently and wilfully refused to conform to any standing order; or persistently and wilfully disregarded the authority of the Chair
(S.O. 303).
When the Speaker names a Member in accordance with this standing order, he or she uses the words I name the Member for (name of electorate). The naming of a Member usually occurs immediately an offence has been committed but this is not always possible. If the offence is committed while a vote of the House is being taken, the Member may be named after the vote has been completed.
When a Member has been named the motion may be moved That the Member be suspended from the service of the House. The question on the motion must be put immediately, without amendment, adjournment or debate (S.O. 304). The motion would normally be moved by the Leader of the House or another Minister. The motion for suspension is not necessarily moved—for example, a naming may be withdrawn or not proceeded with after other Members have addressed the Chair on the matter and the offending Member has apologised.
On the motion being agreed to, the Member concerned must leave the Chamber immediately. A Member suspended from the service of the House is excluded from the Chamber, all its galleries and any room where the Main Committee is meeting (S.O. 307). This exclusion is viewed as preventing participation in Chamber related activities, and petitions, notices of motion, notices of questions and proposals for matters of public importance are not accepted from a Member under suspension. A suspended Member is not otherwise affected in the performance of his or her duties and is not prevented from serving on a committee. The same restrictions apply to Members required to withdraw from the Chamber for one hour pursuant to S.O. 304A.
A suspension on the first occasion is for 24 hours; on the second occasion in the same calendar year, three consecutive sittings excluding the day of suspension; and on the third or any subsequent occasions in the same calendar year, seven consecutive sittings excluding the day of suspension. Any suspension in a previous session or any order to withdraw pursuant to S.O. 304A is disregarded (S.O. 305).
Gross disorder by a Member needing urgent action
If the conduct of a Member is so disorderly that the procedure provided in standing order 304 is inadequate to ensure the urgent protection of the dignity of the House, the Speaker may order the Member to withdraw from the Chamber immediately and the Serjeant-at-Arms shall act on such orders as he or she receives (for example, to escort the Member out). After the Member has left the Chamber he or she is immediately named, and the question for suspension is put by the Chair without a motion being necessary (S.O. 306).
Suspension of sitting or adjournment because of grave disorder
In case of grave disorder arising in the House, the Speaker may suspend the sitting for a time to be specified, or adjourn the House without any question being put (S.O. 308).
Disorder in the Main Committee
If sudden disorder arises in the Main Committee, the Chair may, and on motion by any Member is obliged to, immediately suspend the proceedings and report the circumstances to the Speaker in the House (S.O. 282), where the Member causing the disorder may then be named.
Disturbances by strangers
The Serjeant-at-Arms is responsible for removing any stranger (a person who is not a Member or an official) who causes a disturbance in any part of the Chamber or the room in which the Main Committee is meeting or any gallery of those places, or who does not leave when strangers are directed to withdraw (S.O. 310).
Member ordered to attend House
A Member who wilfully disobeys any order of the House may be ordered without notice to attend to answer for his or her conduct (S.O. 309).
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