VIEW FROM THE CWP
THE ROLE AND AUTHORITY OF THE CHAIR
On 12 April 2013, it will be 13 years since I was elected as the Speaker of Dominica’s Parliament where the nominated sit with the elected in a unicameral House of Assembly. I think it is fitting that I sensitize Parliamentarians to my perception of my roles as Speaker. The Speaker is responsible under the Standing Orders
for all aspects of the management and administration of the House and also has power to regulate the conduct of matters not provided for in the rules. The Speaker is a creature of and derives powers, authority, duties and obligations from not only the Standing Orders but also the Constitution of the Commonwealth of Dominica. They provide for the election of a Speaker, either after a general election or whenever a vacancy occurs, from among the Members of the House who are not Ministers or Parliamentary Secretaries, or from among persons who are not Members. I was elected from among persons not Members of the House. A Speaker who is an elected or nominated Member
only votes when the other Members are equally divided and then exercises a casting vote. A Speaker elected from outside the House has neither an original nor a casting vote.
The Speaker among other things:
• Presides in the House and regulates the conduct of its business;
• Commences, suspends and adjourns sittings; • Has regard to maintenance a quorum at all times; • Rules on the admissibility of documents, notices of motion and, where appropriate, consents to dispensing with notice;
• Rules on amendments to motions; • Determines whether matters raised as Definite Matters of Urgent Public Importance are valid;
• Regulates debate with regard to timekeeping and manner of speaking, right of reply, interruptions, points of order, scope of debate, contents of speeches, anticipation and closure of debate as well as rules for Members not speaking
• Determines whether motions to suspend Standing Orders and claims for privilege are validly made;
• Regulates divisions and announces results; 8 | The Parliamentarian | 2013: Issue One
• Proposes all motions when seconded; • Grants a general permission to media representatives to attend sittings, and • Admits strangers to the House and requests their withdrawal as necessary.
The Speaker in Dominica chairs the Standing Orders
Committee, Privileges and Parliamentary Proceedings Broadcasting Committees and the Constituency Boundaries Commission. The Speaker is responsible for the observance of rules of
Hon. Alix Boyd Knights, MHA Chairperson of the Commonwealth Women Parliamentarians
order in the House. Standing Order 86 says very forcefully: “A decision by the Speaker, whether relating to these Standing Orders or to a matter for which these Standing Orders do not provide, shall not be challenged save upon a substantive motion moved for that exclusive purpose”. Standing Order 50 lays down procedures for the maintenance of order. In Dominica, particularly in the recent past, the Speaker
has been tested repeatedly in getting some Members to adhere to the rules. Once when the rules on suspending Members were invoked, the entire opposition (save one) was affected, resulting in loss of remuneration. That became the subject of litigation when the Speaker was taken to court for, among other things, depriving Members of their pay. The court ruled that the Standing Orders were clear,
withholding salaries was in order and the claimants were ordered to pay costs to the three defendants (the Speaker, Attorney General and Sergeant-at-Arms) of EC$207,000. Later when the Speaker directed opposition Members to withdraw, they
willingly did so bearing in mind, one surmises, the likely effect on their pockets. The Speaker vets questions and motions from Members, ensuring
they conform to content (questions) and scope (motions). Questions and supplementaries are subject to the Standing Orders and the interpretation of which the Speaker is the sole judge. In Dominica, a few Members try at every turn to take issue with the Speaker on the admissibility of questions. In small jurisdictions such as ours, Members often use the grapevine and the media to attempt to get the government to admit something. They couch their questions to get the desired answer. When the Speaker points out that the questions infringe the Standing Orders and either disallows or alters them, Members often attribute bias and/or other motives to the Speaker.
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