Precedence and Sequence / Rule of Anticipation

Rule of anticipation

Debates pp. 12271-2

Background

On January 11, Mr. Fulton (Kamloops) rose on a point of order to question the propriety of having two related items on the Order Paper, one referring the national anthem issue to a special joint committee, the other calling for consideration of that issue by the House. The Speaker deferred his ruling until a later day. On January 25, in Mr. Fulton's absence and prior to the Speaker's ruling, the House adopted the motion to refer the national anthem issue to committee. The next day, Mr. Fulton rose on another point of order to claim that, in accordance with the rule of anticipation, the item calling for House consideration of the national anthem should not remain on the Order Paper, but should be withdrawn. The Speaker outlined the ruling he would have given on the point of order raised on January 11, had the two items remained on the Order Paper. The Speaker ruled on the second point of order and suggested he would be prepared to entertain any subsequent point of order should it be raised when the committee report came before the House. [The committee. reported but the report was never debated. The second resolution was never called, and remained on the Order Paper for the duration of the session.]

Issue

Can the Speaker order the removal of the second of two similar items from the Order Paper when one has been put before the House?

Decision

No. Consequently, the item may remain on the Order Paper.

Reasons given by the Speaker

The Chair has no authority to remove one of two similar items on the Order Paper. This action should be taken by a Minister of the Crown. When the special joint committee reports to the House, an order will then appear on the Order Paper to rescind or discharge one of the two similar items.

Sources cited

Standing Orders 21(2) and 47.

Journals, July 12, 1955, p. 901.

Beauchesne, 4th ed., p. 83, c. 88(3).

References

Debates, January 11, 1967, pp. 11664-5; January 25, 1967, p. 12255; January 26, 1967, pp. 12270-1.

Order Paper, May 8, 1967, p. 4.