election of a new Speaker was illegal.

But others disagree with Mr. John Gilbert.

And another House rule suggests the point is moot.

On November 5, the House elected the Hon. Ernest DeCouto Speaker by secret ballot.

Opposition Leader Mr. Frederick Wade's motion to proceed in that way was carried in a close vote, 21-18.

Once the secret ballot vote took place, Mr. DeCouto was elected over Government nominee Dr. David Dyer, in a 22-17 vote.

The Rules of the House of Assembly set out how the Speaker should be elected, and no rule provided "for a secret ballot for electing a Speaker or for a secret ballot during any Parliamentary debate,'' Mr. Gilbert said.

If MPs wanted to elect the Speaker by secret ballot, a motion to create a new rule or to amend an existing rule would be required. That motion would be referred to the Rules and Privileges Committee for a report, Mr. Gilbert said.

"The motion by a Member of the House moved, when the House convened on November 5, for the approval of a non-existent rule to elect the Speaker by a secret ballot is ultra vires and therefore null and void,'' he said.

"This flagrant disregard of the Rules of the House should be considered as a matter of urgency by the Rules and Privileges Committee.'' But a researcher in the Clerk's office in the House of Assembly in Ottawa, Canada, said Bermuda's House proceeded legally on November 5.

"That's fine,'' he said when told how the Speaker was elected. "What's happened is that the House has taken a decision to do it in a particular way.'' As long as the motion was properly put forward and carried, it was always open for the House to create a new procedure that was not provided for in the Rules, he said.

Present House Clerk Mr. James Smith, who was presiding in the House when the Speaker was elected, said considerable research would be required to determine with certainty whether the House acted properly or not.

"It was not my ruling,'' to allow the vote, Mr. Smith said. "I am just a public servant. My role was facilitator. The House made the decision.'' Whether the vote was legal or not, Rule 66 of the Rules of the House of Assembly states: "A decision, order, or resolution of the House shall not be rendered invalid by reason only of the subsequent discovery of any irregularity or failure to comply with the provisions of these rules in making such decision, order or resolution.'' MR. JOHN GILBERT -- `flagrant disregard of the Rules of the House.'