A primary challenge to House of Assembly Speaker Ernest DeCouto has been ruled out of order, it was revealed yesterday.

For -- despite a threat of a primary bid by Sen. Allan Marshall and banker Cole Simons -- the United Bermuda Party's rules forbid other candidates from taking on a sitting Speaker in a fight for his seat, according to party experts.

But Sen. Marshall insisted last night that party rules "were a matter of interpretation'' and he was convinced he and Mr. Simons could mount a joint bid for the seat.

The news came after it was reported on Friday that the two would-be MPs were set to bid for the Smith's North seat held by Mr. DeCouto and Leonard Gibbons if the Speaker did not stand down at the next election.

But a UBP insider said yesterday: "The Speaker cannot be challenged. He is the only Member of Parliament who cannot be challenged under the United Bermuda Party constitution.

The insider added: "Mr. Marshall and Mr. Simons are both approved candidates.

"And if you are an approved candidate you signal your willingness to run where the party wants you to run. You are not approved for any particular seat.'' Mr. DeCouto's running mate, former Works and Engineering Minister Leonard Gibbons, has already signalled he will not be standing again.

The insider said: "Mr. Gibbons is not going to run, so there could be a primary.

"Anyone could challenge if he formally presents his resignation. But no-one can contest the Speaker's seat.'' But Mr. DeCouto, now outside the party political system, has remained tight-lipped about his intentions.

Mr. DeCouto was elected Speaker of the House after the 1993 election -- and under Parliamentary rules is thought to remain Speaker until vote for the post is held after a General Election.

And he said: "When the president of the Senate gave notice he was retiring he did it from his seat in the Senate.'' But he added he understood from press reports that a Cabinet reshuffle was in the offing.

Mr. DeCouto said: "It's business as usual and business as usual for the Speaker.'' The United Bermuda Party in 1993 favoured Dr. David Dyer -- who has since quit Parliament -- for the Speaker's job.

But a rebel group within the UBP combined with the Opposition Progressive Labour Party to ensure Mr. DeCouto's election.

Senate newcomer Mr. Marshall -- a former banker and founder of Pure Water Ltd, now an entrepreneur -- was appointed in November last year, along with ET (Bob) Richards and Angelita Fox.

Last night Sen. Marshall insisted that once Parliament was dissolved prior to a General Election, there was no Speaker.

Sen. Marshall said: "He cannot be challenged while the House is sitting, but when the House is dissolved there is no Speaker.'' And he added: "There is no guarantee when you have a Speaker after a General Election it will be the same Speaker. Both sides vote on it.'' Sen. Marshall added that he had "the utmost respect'' for Mr. DeCouto and his Parliamentary record.

He said: "My objective is not to go out and challenge Mr. DeCouto....the issue is trying to do everything you can to represent the people.

"Cole Simons and I are working as a team and working towards nomination for the Smith's North branch.'' Ernest DeCouto HOUSE OF ASSEMBLY HOA