Speaker bid raises constitutional conundrum

The potential for independent MP Rob Oakeshott to become Speaker in the new parliament raises significant issues under the constitution and the 'Agreement for a Better Parliament', according to an ANU legal expert. Professor Donald Rothwell of the ANU College of Law says that while there is nothing in the constitution to prevent the member for Lyne becoming the Speaker, it would require the good will of both sides of politics to make it work. 'Section 40 of the Constitution makes clear that the Speaker does not have a deliberative vote unless the 'numbers are equal', and then the Speaker 'shall have a casting vote',? said Professor Rothwell. ?Therefore, under the constitution and consistent with past practice the Speaker would not have a vote in the normal course of parliamentary business. However, in a parliament where the Gillard government has a majority of two, which would then be reduced to a majority of one if the vote of the Speaker was removed, then it has to be anticipated that from time to time the Speaker will be called upon to make a casting vote. 'The 6 September 'Agreement for a Better Parliament? makes clear in clause 2.1 that the Speaker is to be independent of the Government. But the agreement also implicitly recognises the significance of removing the Speaker's vote and the destabilising impact that this may have upon the numbers in the House of Representatives.