Section 37 of the B.C. Constitution Act states:
"(1) On its first meeting and before proceeding to business, the Legislative Assembly must elect one of its members to be speaker.
"(2) On being confirmed by the lieutenant governor, the election of a speaker under subsection (1) is effective until the general voting day for the next general election, or until the speaker dies, resigns the office by writing addressed to the lieutenant governor, or ceases to be a member of the Legislative Assembly."
Section 38 says "If there is a vacancy in the office of speaker, the Legislative Assembly must proceed with all practicable speed to elect another of its members to be speaker."
For the most part, the speaker is a position we don't hear a lot about.
However, the role of the speaker is important within our parliamentary traditions for it is the speaker who allocates speaking time and maintains order and civility within the Legislature. It is the speaker who sets the practical legislative agenda and may limit debate or discussion. It is the speaker who may rule a member or a question out of order.
The position of speaker is at the crux of the issue with the formation of the next government. As the position is occupied by an elected member, maintaining a majority position within the Legislature really requires an additional seat if the speaker is to be drawn from the ranks of the governing party.
Nothing in the act says the speaker must be a member of the governing party, though, and there is precedence in B.C. politics for the speaker to be drawn from small independent parties. It is not the norm.
Further, once the speaker is appointed by the lieutenant governor, they are entitled to remain in the position until the next general election. They only cast a vote in the case of ties and generally in support of the government of the day but there is nothing in the act requiring they support the government.
The general announcement of a partnership between the Green party and the NDP last week has left the Legislature in an unusual situation.
The MLAs will be sworn in and will occupy the legislature.
Premier Christy Clark still maintains the pleasure of the lieutenant governor at this time and her MLAs will be sworn into their role as the governing party. Ministers will get back to work as ministers.
Then Clark is required to hold a legislative session.
According to the act, this must occur "so that 12 months must not intervene between the last sitting of the Legislative Assembly in one session and its first sitting in the next session."
In other words, she could govern until sometime next spring.
However, the B.C. Liberals are not that foolish.
It would be a slap in the face to British Columbians if Clark does not immediately recall the Legislature. So a sitting should happen in the middle of June and the first battle will be over appointing a speaker.
If the decision is to go with a Liberal MLA, then the government would be reduced to 42 seats. This would likely be a temporary measure as the government will likely fall immediately. Presumably, the newly elected speaker would resign - although there does not appear to be any stipulation in the act requiring the lieutenant governor to accept the resignation of a speaker and once appointed, the speaker is entitled to the position until the next general election.
In any case, recalling the Legislature will give the premier a chance to table a throne speech which will likely contain the B.C. Liberal platform for the next election - with promises which will remain unrealized.
As a throne speech is a matter of confidence, the subsequent vote will bring 16 years of B.C. Liberal government to a close. Who knows? The premier may choose to go out in a blaze of glory.
After that, John Horgan may propose to the lieutenant governor that the NDP be allowed to form government, aided by the support of the Green party. Of course, the NDP would need to elect a speaker which will limit them to 40 seats in the Legislature and the partnership to 43 - tied with the Liberals. In this case, the speaker will cast the deciding votes on all matters and will, according to parliamentary tradition, support the government or the status quo.
This is when the real fun begins because the absence of one or two MLAs from either side could have implications for legislation.
Just imagine a Green party member not showing up for a critical NDP vote.
Or imagine a critical component of the Green party-NDP pact being defeated because an NDP MLA was away that day.
Oh what tangled webs we weave!
