Challenging Speaker's decisions (2023)

Response

This information is held by the House of Commons.

In the first instance, please note that the Speaker's rulings on procedural matters, or on the selection of amendments, cannot be directly challenged or reviewed. Standing Order No. 32 provides the Speaker of the House with the power to select amendments and, as stated in Erskine May, the “bible” of parliamentary procedure, the Speaker is not expected to give reasons for the decision on selection of amendments. This said, the Speaker will look to consider a number of core factors regarding amendments, including whether the amendment is orderly, whether it raises a new point, as well as the extent to which it has support, including cross party support. Additionally, in making procedural rulings the Speaker has access to advice from House of Commons clerks, who are procedural experts.

This said, it may help you know that that, following a new procedural change in 2020, if the Speaker takes a decision which the Clerk of the House considers to comprise a substantial breach of the Standing Orders, or a departure from long-established conventions, without appropriate authorisation by the House itself, the Clerk is able to place a statement of their views in the House Library, and and the Speaker is required to make the House aware if this has been done. More details regarding this change can be found in Hansard, the official report of all parliamentary debates.

Furthermore, Members may table a motion criticising the Speaker which could, if parliamentary time is found available, be debated by the House. More details in this can be found in paragraph 18.43 of Erskine May, which can be found on our webpages.