Personal privilege speeches

[Alex Meed]

What is the proper process if a member wishes to address the body while no question is pending, or on a topic unrelated to the pending question? If the member's address pertains to a personal privilege, may the member gain permission to make this address by raising a question of privilege, as is done in Congress and the legislature of my state (Texas)?

Whatever the proper process is, how is it decided whether the member is permitted to address the body—is it by a vote, by a discretionary decision of the chair, or an automatic right of a member (and if the latter, may the chair decide when it may be exercised)?

[Atul Kapur]

This sure sounds like "Any Other Request" which requires a majority vote.

[Josh Martin]

2 hours ago, Alex Meed said:

What is the proper process if a member wishes to address the body while no question is pending, or on a topic unrelated to the pending question?

Generally, this would be a Request for Any Other Privilege.

"When a member desires to make a request not covered by one of the four types explained above—as, for example, a request to address remarks or make a presentation while no motion is pending—he rises, addresses the chair, and, as soon as he catches the presiding officer's attention, states his request." (RONR, 11th ed., pg. 299)

2 hours ago, Alex Meed said:

If the member's address pertains to a personal privilege, may the member gain permission to make this address by raising a question of privilege, as is done in Congress and the legislature of my state (Texas)?

The short answer is "Probably not," although I am somewhat uncertain as I do not quite know what is meant by "If the member's address pertains to a personal privilege." I also am not familiar with the procedures of Congress or the Texas State Legislature in this regard.

Questions of personal privilege as the term is used in RONR are actually quite rare (most questions of privilege are actually questions of privilege of the assembly) and questions of personal privilege generally do not justify interrupting pending business. Furthermore, the motion Raise a Question of Privilege would not be used if no motion is pending.

"Questions of privilege are of two types: (1) those relating to the privileges of the assembly as a whole; and (2) questions of personal privilege. If the two come into competition, the former take precedence over the latter. Questions of the privileges of the assembly may relate to its organization or existence; to the comfort of its members with respect to heating, ventilation, lighting, and noise or other disturbance; to the conduct of its officers and employees, or of visitors; to the punishment of its members; or to the accuracy of published reports of its proceedings; etc. A motion to go into executive session (9) is a question of the privileges of the assembly. Questions of personal privilege—which seldom arise in ordinary societies and even more rarely justify interruption of pending business—may relate, for example, to an incorrect record of a member's participation in a meeting contained in minutes approved in his absence, or to charges circulated against a member's character." (RONR, 11th ed., pg. 227)

"It is important to understand the distinction between the device Raise a Question of Privilege and the question of privilege itself. The point to be decided in connection with the former is whether a certain question shall be admitted for consideration with the status and priority of the latter. The "raising" of a question of privilege is governed by rules appropriate to the device's high rank in the order of precedence of motions. When a question of privilege is taken up after it has been raised and has been admitted by the chair, however, depending on the form in which it was introduced, it is handled as a request (32, 33), or it is treated as a main motion and is debatable and amendable and can have any subsidiary motion applied to it—regardless of whether it interrupted, or awaited the disposal of, the pending business. Questions of privilege can also be introduced while no motion is pending, either as requests or by being moved and seconded just as any other main motion; in that case, the device of "raising" a question of privilege does not enter in." (RONR, 11th ed., pg. 225)

Edited August 17, 2020 at 02:39 AM by Josh Martin

[Alex Meed]

That was about the answer I anticipated; thanks.

51 minutes ago, Josh Martin said:

The short answer is "Probably not," although I am somewhat uncertain as I do not quite know what is meant by "If the member's address pertains to a personal privilege." I also am not familiar with the procedures of Congress or the Texas State Legislature in this regard.

A recent example would be the House floor speech by Rep. Alexandria Ocasio-Cortez relating to her encounter with Rep. Ted Yoho. Representative Ocasio-Cortez was recognized for 1 hour to give her speech. It occurred on p. H3702 of the Congressional Record. Chapter 42 of House Practice seems to cover requests of this type. It states that "under clause 1 of rule IX, questions of personal privilege are defined as those that affect the 'rights, reputation, and conduct' of individual Members in their representative capacity." House Practice (2011), p. 736.

[Josh Martin]

9 hours ago, Alex Meed said:

That was about the answer I anticipated; thanks.

A recent example would be the House floor speech by Rep. Alexandria Ocasio-Cortez relating to her encounter with Rep. Ted Yoho. Representative Ocasio-Cortez was recognized for 1 hour to give her speech. It occurred on p. H3702 of the Congressional Record. Chapter 42 of House Practice seems to cover requests of this type. It states that "under clause 1 of rule IX, questions of personal privilege are defined as those that affect the 'rights, reputation, and conduct' of individual Members in their representative capacity." House Practice (2011), p. 736.

This description seems generally consistent with RONR. The text recognizes that a question of personal privilege may relate to "charges circulated against a member's character." The text also notes, however, that such questions "even more rarely justify interruption of pending business." As a consequence, "the device of "raising" a question of privilege does not enter in." So I would still generally think that Request for Any Other Privilege would be the proper tool. A request of such a nature could still accurately be described as a question of privilege, but it would be introduced through the request rather than by the motion to Raise a Question of Privilege.

"Questions of privilege can also be introduced while no motion is pending, either as requests or by being moved and seconded just as any other main motion; in that case, the device of "raising" a question of privilege does not enter in." (RONR, 11th ed., pg. 225)

Additionally, if a member were recognized for such a question of privilege under RONR (regardless of the method through which it is raised), the resulting speech should be much shorter than one hour.

The House's rules in this regard may well vary from RONR in some respects.

[Alex Meed]

3 hours ago, Josh Martin said:

The text also notes, however, that such questions "even more rarely justify interruption of pending business." As a consequence, "the device of "raising" a question of privilege does not enter in." So I would still generally think that Request for Any Other Privilege would be the proper tool. A request of such a nature could still accurately be described as a question of privilege, but it would be introduced through the request rather than by the motion to Raise a Question of Privilege.

Let me see if I've understood this correctly: A Request for Any Other Privilege that relates to a personal privilege is a question of privilege. If a question is pending, a member may Raise a Question of Privilege to seek to have their request interrupt the pending business; the chair rules on whether the request is a question of privilege and whether it is urgent enough to interrupt the pending business, and then the assembly votes on whether to grant the request. If no question is pending, the member simply states the request and the chair puts it to a vote.

[Josh Martin]

45 minutes ago, Alex Meed said:

Let me see if I've understood this correctly: A Request for Any Other Privilege that relates to a personal privilege is a question of privilege. If a question is pending, a member may Raise a Question of Privilege to seek to have their request interrupt the pending business; the chair rules on whether the request is a question of privilege and whether it is urgent enough to interrupt the pending business, and then the assembly votes on whether to grant the request. If no question is pending, the member simply states the request and the chair puts it to a vote.

I think this is mostly correct. I think there are two important additions. The first is that it is extremely common for requests for any other privilege and/or questions of privilege to be handled by unanimous consent. Second, in the event the question does require formal action by the assembly, it is handled as a main motion which is debatable and amendable. Finally, since you have asked specifically about a question of personal privilege, it should be reiterated that the text notes that this rarely justifies interrupting the pending business.

"The chair, even if he has assigned the floor to another person, directs the member to state his question of privilege. Depending on the case, the member then either (a) describes the situation briefly and asks that it be remedied, or (b) if he believes that the matter will require formal action by the assembly, makes a motion covering his question of privilege, and another member seconds it. The chair at his discretion can ask a member to put into the form of a motion a question of privilege that the member has stated as a request. Unless the point is simple enough to be promptly adjusted (as in the first example, below) or unless it is in the form of a motion and is not seconded, the chair rules whether the question is a question of privilege, and, if so, whether it is of sufficient urgency to warrant interruption of the existing parliamentary situation. From this ruling an undebatable appeal can be taken.

If the motion made as a question of privilege is seconded, and if the chair admits it as such and decides that it should be entertained immediately, he states the question on it and proceeds as with any other main motion. When the question of privilege has been disposed of, business is resumed at exactly the point at which it was interrupted. If a member had the floor when the question of privilege was raised, the chair assigns him the floor again." (RONR, 11th ed., pg. 228)

RONR provides examples of a question of privilege which would probably be handled as a simple request and also a question of privilege which would probably be handled as a formal motion.

"The following is an example of a question relating to the privileges of the assembly that can be stated as an informal request and that can be routinely adjusted by the chair:

Assume that, while an important speech is in progress at a meeting in a large hall with upper windows, workmen begin to operate jackhammers in an alley beside the building. Member A rises and interrupts, addressing the chair:

MEMBER A: Mr. President, I rise to a question of privilege affecting the assembly.

CHAIR: The gentleman will state his question.

MEMBER A: Mr. President, I don't think we're going to be able to hear unless some of the windows are closed.

CHAIR: Will one of the ushers ask the building engineer to have the windows closed on the left side. May we have the sound turned up a little until the windows are closed.

The next example illustrates a question of the privileges of the assembly requiring a formal motion which interrupts pending business. In an ordinary society these occasions are rare, but in a convention or large assembly a situation of unforeseen complications may cause such a motion to become appropriate.

Assume that, to hear a prominent speaker, an association has opened one of its meetings to the public. Because of the speaker's commitments at a later hour, his address was given first, preceding the business meeting—which was expected to be brief and routine. But Member X has surprised this meeting by introducing a resolution dealing with a delicate matter of obvious importance that may call for prompt action by the association.

Member Y, sensing that consideration of this question should be kept within the organization, interrupts Member X's speech on the pending resolution by rising "to a question of privilege relating to the assembly." As directed by the president, he states the question of privilege:

MEMBER Y: Mr. President, I believe this is a question we should consider in a closed meeting. With apologies to our guests, I move that the open portion of this meeting be declared ended and that our guests be excused.

(Second.)

CHAIR: The chair rules that the question is one of privilege to be entertained immediately. It is moved and seconded that [stating the question on the motion to go into executive session]. Debate or amendment follows, if needed; then the question is put to a vote. After announcing the result, the president expresses appreciation to guests. As soon as they have left, he states the resolution that was interrupted by the question of privilege, and recognizes Member X, who had the floor." (RONR, 11th ed., pgs. 229-230)

Edited August 17, 2020 at 05:50 PM by Josh Martin

[Richard Brown]

20 hours ago, Alex Meed said:

What is the proper process if a member wishes to address the body while no question is pending, or on a topic unrelated to the pending question? If the member's address pertains to a personal privilege, may the member gain permission to make this address by raising a question of privilege, as is done in Congress and the legislature of my state (Texas)?

Whatever the proper process is, how is it decided whether the member is permitted to address the body—is it by a vote, by a discretionary decision of the chair, or an automatic right of a member (and if the latter, may the chair decide when it may be exercised)?

While I agree completely with the previous answers, it has been my observation that the matter of "Rising for a point of personal privilege" is  misused far more often than it is correctly used in most assemblies.  It is frequently used incorrectly by members to make announcements, to introduce guests, etc.  As Mr.Martin pointed out, it is generally handled by unanimous consent.  Its use varies considerably among different organizations and legislative bodies.