Key independent Rob Oakeshott has put his hand up for the role of Speaker of the House, while both the Labor government and Opposition scramble to get advice on the legality of such a move, and what it would mean for Mr Oakeshott's voting rights.
Former foreign minister Alexander Downer says Mr Oakeshott lacks the experience to be speaker in the House of Representatives.
Mr Oakeshott confirmed on Wednesday he'd accept the role of speaker if nominated by another MP.
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But Mr Downer believes the current speaker, Labor's Harry Jenkins, should continue in the role.
"Parliament may chose to vote for Oakeshott as the speaker but I would have thought just as smart an idea would be to keep Harry Jenkins in the job," the former Howard government minister told ABC TV.
"He's been there for the last two-and-a-half years and he was the deputy speaker before that. He has enormous experience."
Mr Downer said Mr Oakeshott had only been a member of parliament for two-and-a-half years.
"He's not somebody who would be as well versed in the standing orders and the practices and the ... moods of the House of Representatives."
Earlier on Wednesday, government house leader Anthony Albanese said Mr Oakeshott would make a good candidate for speaker.
"(But) the government will seek legal advice on potential implications before indicating its final view," he said in a statement.
Mr Downer said that line was a furphy.
"There's no constitutional issue here at all," he said.
"I think what he (Mr Albanese) is (really) doing is having a talk within the Labor Party caucus about whether they can live with giving up the position."
The manager of opposition business in the lower house, Christopher Pyne, said the coalition would "carefully consider" Mr Oakeshott's interest.
"The opposition has previously been supportive of the current speaker, Harry Jenkins, continuing in the role," Mr Pyne said in a statement.
"But there are also many talented people within the coalition who could fulfil the role of speaker or deputy speaker."
Fellow independent MP Tony Windsor said he hoped any difficulties surrounding an independent speaker could be sorted out.
"If there are issues in relation to this, as I said, I don't think Rob Oakeshott will die in the ditch over it," he said.
"I think it would be a good idea. If it can't be worked through because of constitutional or other matters well so be it, but I'd be supporting his bid."
Mr Windsor confirmed he would be happy to nominate Mr Oakeshott for the role, a man who he said had a long interest in the procedural matters of parliament.
He wasn't worried that being the speaker would jeopardise his colleague's independence either, or that Mr Oakeshott was only in it for the money.
"The speaker's job, like a ministerial job, is very demanding and should be recompensed," Mr Windsor said.

