Naming (parliamentary procedure)
Naming is a procedure in some Westminster parliaments that provides for the speaker to temporarily remove a member of parliament who is breaking the rules of conduct of the legislature. Historically, "naming" refers to the speaker's invocation of the process by calling out the actual name of the member, breaking the convention of calling on members by the name of their constituency.
Processes to name a member are present in the lower houses of the British, Australian, Canadian, and New Zealand parliaments, and the legislatures of some Australian states and Canadian provinces. The implementation of the procedure varies by parliament, but usually requires the speaker to name a member, and then await another member to move that the offending member be disciplined according to the appropriate rules of order.
Process
In the British House of Commons, the Speaker or one of his or her deputies can initiate the process by proposing a vote on the suspension of a member of the House if the speaker believes that the member has broken the rules of conduct of the House. Usually this is only done if the member has already been ordered to leave the House and refused to do so, or has committed a serious breach of conduct, and carries a suspension of up to five days and the loss of the member's salary during that period.The procedure to name members is under Standing Order 44. Members can be suspended for the remainder of the day under Standing Order 43. The Speaker or Deputy Speaker declares "I name", followed by the name of the member; and invites the Leader of the House or their deputy to move the motion that the member be removed, and then puts the question:
A division is not normally required since MPs will usually back the speaker's judgement. However, when John McDonnell was named by deputy speaker Alan Haselhurst on 15 January 2009 for disturbing the mace, a division was called because George Galloway and other members declared themselves with the Noes. A vote on the suspension was not held as no MPs were willing to act as tellers for the Noes.
In the Australian House of Representatives, the procedure to name members is under Standing Order 94. Under Standing Order 94a, the Speaker can order the immediate removal of a member for one hour, which is not open to a division. If a member is named under Standing Order 94b, the removal is dependent on a vote. If a member is named, the Speaker declares, "I name", followed by the Electoral Division of the member, and then the Leader of the House moves the question:
If the vote passes by a simple majority, then the member is required to leave the house for 24 hours.
In the House of Commons of Canada, the Speaker's authority to remove members is listed under Standing Order 11. If a member is named by the Speaker, they are required to leave the House immediately, and are not allowed to return for the remainder of the day's sitting. Alternatively, the Speaker may suggest to the House the removal of a member for a specific period of time, which requires a motion to receive a majority vote on the House floor. Although the removal of members was increasingly common through the 20th century, usage of the procedure has since declined, having only been used four times since 2000. The order to remove a member generally requires an act of defiance against the Speaker, as the removal of a member is usually justified by the generic reasoning that the member is "disregarding the authority of the Chair".
The procedure has also been used once in the Massachusetts Senate. On October 27, 1981, Senate President William M. Bulger named Senator Alan Sisitsky after Sisitsky continuously disrupted the Senate proceedings. Sisitsky was then removed from the Senate Chamber by a court officer. The matter was referred to the Senate Ethics Committee, which recommended that Sisitsky be suspended indefinitely until he issued a formal apology to the Senate.
Lists of namings
House of Commons (United Kingdom)
Canada
House of Commons
Senate
Australia
House of Representatives
This list contains all instances that a member has been named during Questions without notice in the Australian House of Representatives.Date | Speaker | Member | Party | Reason |
14 May 1964 | John McLeay | Tom Uren | Australian Labor Party | For repeatedly interrupting despite warnings and calling Attorney General Billy Snedden a liar. |
29 March 1966 | John McLeay | Jim Cairns | Australian Labor Party | For repeatedly interrupting to insist that South Vietnam was not a member of the United Nations. |
27 September 1966 | Acting Speaker | Allan Fraser | Australian Labor Party | For repeatedly interrupting to insist the United States was responsible for a bombing in South Vietnam. |
28 September 1966 | Acting Speaker | Len Reynolds | Australian Labor Party | For calling the lack of benefits for Australian Boer War and World War I veterans "a disgrace to servicemen who have served their country" and "a sell-out of the servicemen of World War I". |
14 October 1966 | John McLeay | Tom Jones | Australian Labor Party | For calling Prime Minister Harold Holt "a dirty low guttersnipe" and refusing to withdraw the remark. |
3 October 1967 | William Aston | Jim Cope | Australian Labor Party | For telling Philip Stokes to "shut up" and refusing to withdraw the remark. |
24 September 1970 | William Aston | Rex Patterson | Australian Labor Party | For saying Peter Nixon "made a lie" and refusing to withdraw the remark unreservedly. |
28 October 1970 | William Aston | Bill Hayden | Australian Labor Party | For repeatedly insisting that Billy Snedden was not answering his question. |
20 April 1971 | William Aston | Tom Uren | Australian Labor Party | For repeatedly interrupting and asking Prime Minister William McMahon "Is your name Popov the clown?" during a discussion of Australia's relations with the USSR. |
5 April 1973 | Jim Cope | Peter Nixon | National Party of Australia | For telling Prime Minister Gough Whitlam "you should be ashamed of yourself" over accusations of lying to the Yugoslav government and refusing to withdraw the remark. |
5 April 1973 | Jim Cope | John Gorton | Liberal Party of Australia | For telling Speaker Jim Cope "you ought to be ashamed of yourself" for naming Peter Nixon. |
5 April 1973 | Jim Cope | Jim Forbes | Liberal Party of Australia | For saying "that is disgraceful" regarding the naming of John Gorton. |
17 September 1974 | Jim Cope | Bill Wentworth | Liberal Party of Australia | For shouting over the speaker and refusing to apologize. |
25 February 1975 | Jim Cope | Doug Anthony | National Party of Australia | For repeatedly interjecting during a discussion of the cattle industry. |
5 June 1975 | Gordon Scholes | Bill Wentworth | Liberal Party of Australia | For asking Prime Minister Gough Whitlam "Would you like to wash your hands, Mr Prime Minister?" during a discussion of Australia admitting very few Vietnamese refugees. |
9 October 1975 | Gordon Scholes | Ian Sinclair | National Party of Australia | For arguing with the speaker over whether there was a point of order. |
18 November 1976 | Billy Snedden | Charles Jones | Australian Labor Party | For calling Phillip Lynch a dingo and arguing with the speaker. |
23 April 1980 | Billy Snedden | Brian Howe | Australian Labor Party | For calling Andrew Peacock a liar and arguing with the speaker. |
18 September 1980 | Billy Snedden | Paul Keating | Australian Labor Party | For saying Prime Minister Malcolm Fraser "could not lie straight in bed and his word cannot be believed or taken any notice of". |
27 August 1981 | Billy Snedden | Les Johnson | Australian Labor Party | For interrupting the speaker over a point of order which had been denied. |
6 May 1982 | Billy Snedden | Paul Keating | Australian Labor Party | For repeatedly interjecting that Prime Minister Malcolm Fraser had falsified information related to the budget, adding "you would name me to protect this stinking, corrupt Government." |
9 September 1982 | Billy Snedden | Michael Duffy | Australian Labor Party | For interjecting to criticize John Howard. |
12 October 1983 | Harry Jenkins Sr. | Stephen Lusher | National Party of Australia | For interjecting to criticize John Dawkins. |
16 November 1983 | Acting Speaker | Ken Aldred | Liberal Party of Australia | For repeatedly interjecting to criticize Prime Minister Bob Hawke's support of a casino in Canberra and suggesting he was colluding with the developers. |
29 May 1984 | Harry Jenkins Sr. | John Howard | Liberal Party of Australia | For interjecting to criticize John Dawkins. |
28 March 1985 | Harry Jenkins Sr. | Ken Aldred | Liberal Party of Australia | For repeatedly interjecting during a question on Australia not participating in the Strategic Defense Initiative. |
18 April 1985 | Harry Jenkins Sr. | Ian Cameron | National Party of Australia | "For again interjecting after having been warned by the Chair." Cameron had interjected during a response about a rugby tour in South Africa to say "What about Queensland?" and interjected again to say "well, he cannot go to Queensland." |
11 September 1985 | Harry Jenkins Sr. | Wilson Tuckey | Liberal Party of Australia | Tuckey said to Treasurer John Dawkins "You are a tax fraud. You are a tax cheat." After being named by the Speaker, Tuckey said "The only people the honourable member beats are innocent Aborigines," and the Speaker reiterated his naming of Tuckey. |
13 February 1986 | Joan Child | Ken Aldred | Liberal Party of Australia | |
28 May 1986 | Joan Child | Wilson Tuckey | Liberal Party of Australia | |
21 August 1986 | Joan Child | Ian Sinclair | National Party of Australia | |
18 September 1986 | Joan Child | Neil Brown | Liberal Party of Australia | |
17 October 1986 | Joan Child | Paul Everingham | Country Liberal Party | |
22 October 1986 | Joan Child | Ken Aldred | Liberal Party of Australia | |
23 February 1987 | Joan Child | Wilson Tuckey | Liberal Party of Australia | |
18 May 1988 | Joan Child | Wilson Tuckey | Liberal Party of Australia | |
3 November 1988 | Acting Speaker | John Spender | Liberal Party of Australia | |
23 November 1988 | Joan Child | Neil Brown | Liberal Party of Australia | |
8 March 1989 | Joan Child | Ian Sinclair | National Party of Australia | |
24 May 1989 | Acting Speaker | Wilson Tuckey | Liberal Party of Australia | |
6 September 1989 | Leo McLeay | Wilson Tuckey | Liberal Party of Australia | |
18 October 1990 | Acting Speaker | Wilson Tuckey | Liberal Party of Australia | |
15 November 1990 | Leo McLeay | Michael Cobb | National Party of Australia | |
19 February 1991 | Leo McLeay | Neil Brown | Liberal Party of Australia | |
20 February 1991 | Leo McLeay | Fred Chaney | Liberal Party of Australia | |
16 May 1991 | Leo McLeay | Wilson Tuckey | Liberal Party of Australia | |
26 November 1991 | Leo McLeay | Russell Broadbent | Liberal Party of Australia | |
31 March 1992 | Leo McLeay | Ken Aldred | Liberal Party of Australia | |
2 April 1992 | Leo McLeay | Alexander Downer | Liberal Party of Australia | |
3 June 1992 | Leo McLeay | John Howard | Liberal Party of Australia | |
17 September 1992 | Deputy Speaker | Wilson Tuckey | Liberal Party of Australia | |
8 October 1992 | Leo McLeay | John Sharp | National Party of Australia | |
13 October 1992 | Leo McLeay | Fred Chaney | Liberal Party of Australia | |
10 November 1992 | Leo McLeay | Philip Ruddock | Liberal Party of Australia | |
1 September 1993 | Stephen Martin | Alexander Downer | Liberal Party of Australia | |
7 October 1993 | Stephen Martin | Peter Reith | Liberal Party of Australia | |
27 October 1993 | Stephen Martin | Peter McGauran | National Party of Australia | |
25 November 1993 | Stephen Martin | Peter McGauran | National Party of Australia | |
2 June 1994 | Stephen Martin | Peter Slipper | Liberal Party of Australia | |
2 February 1995 | Stephen Martin | Peter Slipper | Liberal Party of Australia | |
6 February 1995 | Stephen Martin | Peter McGauran | National Party of Australia | |
22 June 1995 | Stephen Martin | Peter Slipper | Liberal Party of Australia | |
31 August 1995 | Stephen Martin | Lou Lieberman | Liberal Party of Australia | |
15 October 1996 | Bob Halverson | Stephen Martin | Australian Labor Party | |
31 October 1996 | Bob Halverson | Simon Crean | Australian Labor Party | |
5 February 1997 | Bob Halverson | Leo McLeay | Australian Labor Party | |
6 March 1997 | Bob Halverson | Martin Ferguson | Australian Labor Party | |
18 March 1997 | Bob Halverson | Gavan O'Connor | Australian Labor Party | |
18 November 1997 | Bob Halverson | Joel Fitzgibbon | Australian Labor Party | |
2 April 1998 | Ian Sinclair | Simon Crean | Australian Labor Party | |
2 April 1998 | Ian Sinclair | Martin Ferguson | Australian Labor Party | |
7 June 1999 | Neil Andrew | Warren Snowdon | Australian Labor Party | "Having reflected on the Chair." |
10 October 2000 | Neil Andrew | Arch Bevis | Australian Labor Party | "For continuing to interject after a general warning had been given by the Chair." |
29 November 2000 | Neil Andrew | Julia Irwin | Australian Labor Party | "For defying the Chair." |
7 February 2001 | Neil Andrew | Leo McLeay | Australian Labor Party | "For continuing to interject after a warning had been given from the Chair", and "having again interjected". |
1 March 2001 | Deputy Speaker | Cheryl Kernot | Australian Labor Party | "Having again interjected and reflected on the Chair." |
23 August 2001 | Deputy Speaker | Lindsay Tanner | Australian Labor Party | "For refusing to withdraw an unparliamentary expression when requested to do so." Tanner had said, directed at the Minister for Finance and Administration, "you are a liar." |
20 September 2001 | Neil Andrew | David Cox | Australian Labor Party | "For disorderly behaviour." |
21 March 2002 | Neil Andrew | Anthony Albanese | Australian Labor Party | "The Deputy Speaker reported that he had been required to adjourn the meeting of the Main Committee in accordance with the provisions of standing order 282 because of disorder arising in the Committee. He further reported that the Member for Grayndler had persisted in disorderly behaviour by refusing to withdraw a remark after being called to order and thus defied the Chair of the Main Committee." |
28 May 2002 | Neil Andrew | Martin Ferguson | Australian Labor Party | "For continuing to interject after having been warned by the Chair." |
4 June 2002 | Neil Andrew | Warren Snowdon | Australian Labor Party | "For continuing to interject." |
10 December 2002 | Neil Andrew | Joel Fitzgibbon | Australian Labor Party | "continuing to interject" |
6 March 2003 | Neil Andrew | Mark Latham | Australian Labor Party | "For continuing to interject after having been warned by the Chair." |
6 March 2003 | Neil Andrew | Wayne Swan | Australian Labor Party | |
20 March 2003 | Neil Andrew | Craig Emerson | Australian Labor Party | "For defying the Chair." |
13 May 2003 | Neil Andrew | Wayne Swan | Australian Labor Party | |
23 October 2003 | Neil Andrew | Senator Bob Brown & Senator Kerry Nettle | Australian Greens | "Continually interjecting over President George W. Bush's speech to the Australian Parliament. Both were named after the President and Prime Minister John Howard had left the house." |
9 March 2004 | Neil Andrew | Alan Griffin | Australian Labor Party | "For disorderly behaviour." |
24 March 2004 | Neil Andrew | Anthony Albanese | Australian Labor Party | "For disorderly behaviour in the process of withdrawing from the House." |
1 June 2004 | Neil Andrew | Harry Quick | Australian Labor Party | "For defying the Chair." |
11 August 2004 | Neil Andrew | Julia Irwin | Australian Labor Party | "For defying the Chair." |
9 August 2006 | David Hawker | Gavan O'Connor | Australian Labor Party | "For not withdrawing immediately and defying the Chair." |
14 February 2007 | David Hawker | Arch Bevis | Australian Labor Party | "For highly disorderly behaviour." |
19 September 2007 | David Hawker | Lindsay Tanner | Australian Labor Party | "For defying the Chair." |
20 September 2007 | David Hawker | Anthony Albanese | Australian Labor Party | "For defying the Chair," saying to the speaker, "you are an embarrassment." |
28 May 2008 | Harry Jenkins | Wilson Tuckey | Liberal Party of Australia | "For defying the Chair" after "continuing to interject after a warning had been given from the Chair." |
25 September 2008 | Harry Jenkins | Barry Haase | Liberal Party of Australia | "For defying the Chair." |
12 November 2008 | Harry Jenkins | Wilson Tuckey | Liberal Party of Australia | "For defying the Chair." |
26 May 2009 | Harry Jenkins | Christopher Pyne | Liberal Party of Australia | "For interjecting and disorderly behaviour." |
28 May 2009 | Harry Jenkins | Stuart Robert | Liberal Party of Australia | "For disorderly conduct when directed to leave." |
18 June 2009 | Harry Jenkins | Dennis Jensen | Liberal Party of Australia | |
19 August 2009 | Harry Jenkins | Barry Haase | Liberal Party of Australia | "For defying the chair." |
14 September 2009 | Harry Jenkins | Tony Abbott | Liberal Party of Australia | "For defying the chair." |
17 September 2009 | Harry Jenkins | Scott Morrison | Liberal Party of Australia | "For disorderly behavior," relating to photographs shown by Anthony Albanese. |
26 November 2009 | Harry Jenkins | Peter Lindsay | Liberal Party of Australia | "For continuing to interject after having been directed to leave the Chamber." |
25 February 2010 | Harry Jenkins | Andrew Laming | Liberal Party of Australia | "For continuing to interject after having been directed to leave the Chamber." |
18 March 2010 | Harry Jenkins | Paul Fletcher | Liberal Party of Australia | "For continuing to interject after having been directed to leave the Chamber." |
23 March 2011 | Harry Jenkins | Christopher Pyne | Liberal Party of Australia | For repeatedly interjecting after being warned. |
31 May 2011 | Harry Jenkins | Bob Baldwin | Liberal Party of Australia | For continuing to interject after having been warned. Named negatived, motion to keep confidence in the Speaker accepted. |
15 June 2011 | Harry Jenkins | Luke Hartsuyker | National Party of Australia | For repeatedly interjecting after being warned. |
22 March 2012 | Peter Slipper | Darren Chester | National Party of Australia | For being present in the public gallery after being removed from the house for one hour under Standing Order 94a. |
27 March 2014 | Bronwyn Bishop | Mark Dreyfus | Australian Labor Party | For repeatedly interjecting after being warned. |
23 June 2014 | Bronwyn Bishop | Wayne Swan | Australian Labor Party | For repeatedly interjecting. |
17 July 2014 | Bronwyn Bishop | Ed Husic | Australian Labor Party | For repeatedly interjecting. Having been asked to leave quickly, Husic said "I'll be quicker than Warren's answer," at which point he was named. |
11 February 2015 | Bronwyn Bishop | Mark Dreyfus | Australian Labor Party | For repeatedly interjecting to object to Foreign Minister Julie Bishop's use of props. |
26 February 2015 | Bronwyn Bishop | Jim Chalmers | Australian Labor Party | |
25 March 2015 | Bronwyn Bishop | Andrew Laming | Liberal Party of Australia | Introducing flammable materials into the Federation Chamber |
25 June 2015 | Bronwyn Bishop | Mark Dreyfus | Australian Labor Party | |
17 March 2016 | Tony Smith | Wayne Swan | Australian Labor Party | Refusing to comply with an order to withdraw certain words used to accuse Christian Porter of lying. |
24 July 2019 | Tony Smith | Nick Champion | Australian Labor Party | For arguing with the chair about how rule 94 should be used for and against him. |
Victorian Legislative Assembly
Date | Speaker | Member | Party | Reason |
19 September 2013 | Ken Smith | Daniel Andrews | Australian Labor Party | Refusing to follow direction to leave the chamber |
11 June 2014 | Christine Fyffe | Geoff Shaw | Liberal Party of Australia | Misuse of entitlements |