MOTION FOR SUSPENSION OF MEMBER (Ruling by Mr Speaker)

[Mr SPEAKER in the Chair]

2.31 p.m.

Mr Speaker: In relation to the motion in regard to the Member for Hong Lim which was sought to be moved by the Leader of the House yesterday, hon. Members will now know that notice of the motion had in fact been given. The notice was to the effect that the Leader of the House would move the motion on Monday, the 19th day of December, 1960.

The Leader of the House nevertheless appeared to have taken the view that the motion was of such urgency and of such importance that he was compelled to bring the matter to the House for debate immediately relying on the provisions of paragraph (e) of Standing Order No. 30 which reads as follows:-

`30. Unless Standing Orders otherwise direct, notice shall be given of any motion which it is proposed to move with the exception of the following:-

(e) A motion for the suspension of a Member.

Hon. Members will recollect that I stated that I wished to be satisfied on two points before I permitted the Leader of the House to proceed, the two points being, firstly, whether in view of the fact that yesterday was a day allotted for the business of Supply, the motion could be taken on such a day and, secondly, whether the motion could properly be moved without notice under the provisions of paragraph (e) of Standing Order No. 30.

On the first point, the relevant Standing Order as I indicated yesterday is Standing Order No. 85, paragraph (2) of which reads as follows:-

`(2) On a day allotted to the business of Supply, the business of Supply shall stand as the first order, and so long as the business of Supply has not been completed, no business other than the business of Supply shall be taken after 3 p.m. or before 8 p.m., and except in pursuance of Standing Order No. 21 (Adjournment on a definite matter of urgent public importance) no business of Supply shall be taken after 8 p.m., whether an order exempting business from interruption under Standing Order No. 4 (Exempted Business) is in force or not, unless the Assembly otherwise orders on the motion of a Minister moved at any time between 7 p.m. and 7.30 p.m. to be decided without amendment or debate.'

I think that there can be no doubt that a motion of the nature proposed to be moved by the Leader of the House is an item of business within the meaning of the term "business" used in paragraph (2) of Standing Order No. 85, and therefore under the terms of that paragraph, the motion could not be taken on any day allotted for the business of Supply between 3 p.m. and 8 p.m. but could be taken before 3 p.m. and/or after 8 p.m., in the latter case, upon a resolution under the provisions of paragraph (1) of Standing Order No. 4 that the proceedings thereon be exempted from the provisions of Standing Order No. 1 (Sittings of the Assembly), in order that the motion could be debated after the moment of interruption.

On the second point, the question of notice, it is a well established principle of Parliamentary practice that before a complaint is made against a Member he should be given notice beforehand in order that he should know the substance of the charge against him and in order that he may be given the opportunity of being in the House in his place to be heard, if he so desired, in explanation or exculpation. When, however, a Member is guilty of an offence in the view of the Assembly, that is to say, guilty of an offence committed by him while he is in the House during its sitting, and it is thought necessary to take action against him immediately, then, of course, no such notice would be necessary, and proceedings could be taken against him forthwith.

Bearing in mind the principle I have enunciated, therefore, it appears to me that the provision in Standing Order No. 30 whereby a motion for the suspension of a Member could be moved without notice must be taken, in fairness to the Member concerned, to have reference to a case where the Member is guilty of an offence in the view of the Assembly. In such an event, the Standing Orders themselves provide for the procedure to be followed. The relevant Standing Order is Standing Order No. 56, paragraph (1) of which reads:

`56. -(1) Whenever a Member has been named by the Speaker or by the Chairman, immediately after the commission of the offence of disregarding the authority of the Chair, or of persistently and wilfully obstructing the business of the Assembly by abusing the rules of the Assembly, or otherwise, then, if the offence has been committed by such Member in the Assembly a motion shall forthwith be proposed by a Minister or Parliamentary Secretary present "That Mr... be suspended from the service of the Assembly", and the Speaker shall forthwith put the question on that motion, no amendment, adjournment or debate being allowed; and, if the offence has been committed in Committee of the whole Assembly, the Chairman shall forthwith suspend the proceedings of the Committee and report the circumstances to the Assembly; and the Speaker shall on a motion being made as aforesaid forthwith put the same question, no amendment, adjournment or debate being allowed, as if the offence had been committed in the Assembly itself.'

I have formed the opinion, therefore, that the motion for the suspension of a Member mentioned in paragraph (e) of Standing Order No. 30 must be taken to refer to the motion to suspend described in the paragraph I have quoted.

Apart from what I have said the motion proposed to be moved by the Leader of the House is, of course, more than merely a motion to suspend the Member for Hong Lim. It also seeks a resolution of the House condemning the Member for Hong Lim for certain conduct alleged, in the motion, to be dishonourable and unbecoming of an elected representative of the people.

All in all, therefore, it is my considered opinion that this matter is clearly a matter which calls for appropriate notice to be given not only to the hon. Member concerned but also to other hon. Members of the House. I therefore rule that the motion cannot be proceeded with forthwith and does require the requisite notice.

On the notice already given, the motion will accordingly be set down for Monday, 19th of December.