Election of Speaker in course of session

8.22The Speaker, thus elected and approved, continues in that office during the whole Parliament, unless in the meantime they resign or are removed by death. This section sets out the procedure for the election of a Speaker during the session.

If the vacancy in the Chair is caused by the Speaker's death at a time too late to enable arrangements to be made for the election of a successor at the next sitting, the Clerk announces the death of the Speaker at the earliest opportunity. Immediately after the announcement has been made, the Mace is brought into the House by the Serjeant and is laid under the Table.1 A Member then rises, and, addressing the Clerk, moves the adjournment of the House, and the Clerk puts the question, ‘by the direction of the House’. If sufficient time has elapsed for arrangements to be made for the election of a new Speaker, a motion for the adjournment is not moved after the Clerk's announcement, but the House proceeds instead to the election.2

The Speaker, on other occasions, informs the House of the cause that compels their retirement from the Chair.3 Standing Order No 1 provides that a Speaker who has intimated a wish to relinquish that office shall continue to exercise its authority until a successor has been chosen.

The Select Committee on Procedure of 1971–724 recommended that, wherever possible, the Speaker should retire in the middle of a session, giving at least ten days' notice of the impending retirement and, if circumstances permitted, occupying the Chair until a successor had been elected. On the last two occasions in 2000 and 2009, considerable notice of the retirement of the Speaker was given (three months in the case of Speaker Boothroyd and a month in the case of Speaker Martin).

In the event of a vacancy during the session, instead of Her Majesty's desire being signified by a Minister of the Crown in the House of Lords, a Minister of the Crown in the Commons, acquaints the House that Her Majesty ‘gives leave to the House to proceed forthwith to the election of a new Speaker’.5 If present, the retiring Speaker remains in the Chair until the House has come to a decision upon a successor, at which point they leave the Chair and the Mace is placed under the Table; but if the Speaker has already ceased to be a Member of the House, or in the event of the announcement of unavoidable absence (or at an election following upon the Speaker's death), the election is conducted in the same manner as at the beginning of a session, with the Member of longest service in the Chair (see para 8.18 ).6 When the Speaker has been chosen,7 a Minister acquaints the House that it is Her Majesty's pleasure that the House should present their Speaker at a specified hour in the House of Lords, for Her Majesty's royal approbation.8

If the royal approbation is to be announced on a future day, the Speaker elect puts the question for adjournment, and, when the House adjourns, leaves the House without the Mace before them. On the following day the Speaker elect takes the Chair, after prayers have been read, and awaits the arrival of Black Rod from the Lords Commissioners, by whom the royal approbation is given under a commission for that purpose, with the same forms as at the meeting of a new Parliament, except that the claim of privileges is omitted.9 Otherwise, after election the Speaker elect awaits the arrival of Black Rod from the Lords Commissioners, and, when the message to attend the commissioners has been received, goes up with the House (but without the Mace before them) to the House of Lords to hear the royal approbation.10

On returning from the House of Lords the new Speaker reports their approbation by the Queen, and repeats their acknowledgments to the House. The appointed business for the day is then entered upon or the House adjourns to the next sitting day depending on the lateness of the hour. The first business transacted after the ceremonial speeches is the moving of a formal motion regarding the outgoing Speaker which is customarily agreed without debate.11

Footnotes

  1. 1. CJ (1788–89) 45; ibid (1942–43) 57.
  2. 2. CJ (1964–65) 412.
  3. 3. Mr Speaker Manners-Sutton CJ (1831–32) 534; Mr Speaker Abercromby ibid (1839) 271; Mr Speaker Shaw-Lefevre ibid (1857) 89; Mr Speaker Denison ibid (1872) 9; Mr Speaker Brand ibid (1884) 68; Mr Speaker Peel ibid (1895) 139, Mr Speaker Gully ibid (1905) 243; Mr Speaker Lowther ibid (1921) 109; Mr Speaker Whitley ibid (1928) 210. Mr Speaker Lloyd informed the House of his intention to relinquish his office on a future date (CJ (1975–76) 95); for his speech on this date see ibid 125. Speaker Boothroyd informed the House of her intention to relinquish her office on a future date (CJ (1999–2000) 500); for her speech on this date see ibid 549 ff. Speaker Martin announced his proposed retirement in a short statement on 19 May 2009 (CJ (2008–09) 371, HC Deb (2008–09) 492, c 1323).
  4. 4. HC 111 (1971–72) p xiii.
  5. 5. This was most recently done by the Prime Minister, HC Deb (2008–09) 494, c 617; see also CJ (1839) 274; ibid (1964–65) 412; ibid (1999–2000) 567, when the announcement also was made by the Prime Minister. For early instances of proceedings on the death of a Speaker, see D'Ewes 95, 120; CJ (1547–1628) 116; Parl Hist (1066–1625) 1, c 811.
  6. 6. For the most recent occasion, see CJ (2008–09) 265, cc 1–2.
  7. 7. In the early nineteenth century it was considered that a Member who had not yet taken the oath and his seat could not be elected to the Speakership (see Parl Hist 35, c 951 and the entry on Charles Dundas in R G Thorne The House of Commons 1790–1820 (1986) iii, pp 633–34).
  8. 8. In 1895 and in 1905 the Speaker was elected on the day upon which the House adjourned for Easter and Whitsuntide respectively, and was presented for the Sovereign's approbation on the first day on which the House met after the adjournment, CJ (1895) 149; ibid (1905) 249. See also ibid (1970–71) 184–85 for an instance where approbation was signified on the same day as the election of a Speaker.
  9. 9. LJ (1839) 308; CJ (1693–97) 272; ibid (1839) 274; ibid (1964–65) 412. On the election of Mr Addington, in 1789, the King himself came down to the House of Lords to signify his approbation in person, CJ (1788–89) 435. For more recent examples of the royal approbation, see HC Deb (22 June 2009) 494, c 641; ibid (19 May 2015) 596, c 9; ibid (14 June 2017) 626, c 13.
  10. 10. CJ (2008–09) 451 and (1999–2000) 570.
  11. 11. CJ (2008–09) 452. However, in 1992 the House divided on a motion for a humble address to be presented to Her Majesty marking the retirement of Speaker Weatherill, by a margin of 247 to 15 (CJ (1992–93) 47).