Speaker Denison's rule

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Evelyn Denison, 1st Viscount Ossington 1stViscountOssington.jpg
Evelyn Denison, 1st Viscount Ossington

Speaker Denison's rule is a constitutional convention established by John Evelyn Denison, who was Speaker of the British House of Commons from 1857 to 1872, regarding how the Speaker decides on their casting vote in the event of a tie in the number of votes cast in a division.

Contents

In 1867, when a tie arose on a motion on Fellowships at Trinity College, Dublin, Denison gave his casting vote against the motion, declaring that any decision must be approved by the majority. The rule as subsequently adopted is that the Speaker, in any division upon a bill, should vote to leave a bill in its existing form. [1]

The principle is always to vote in favour of further debate, or, where it has been previously decided to have no further debate or in some specific instances, to vote in favour of the status quo. [2] [3] Thus, the Speaker will vote:

The thinking behind the rule is that change should only occur if an actual majority vote is in favour of the change.

Speaker Denison's rule is now a guiding principle in many other bodies that have neutral chairpersons. [4]

Tied votes in the British House of Commons

In the case of a Committee of the Whole House, the presiding officer is the Chairman of Ways and Means or a Deputy Chairman. In other cases of plenary session, the presiding officer is the Speaker or a Deputy Speaker. Votes of smaller Commons committees are not listed.

DatePresiding officerIssueAyes and noesPosition of casting voteReference
3 April 2019Speaker John Bercow Brexit indicative vote amendment 310No [5] [6]
22 July 1993Speaker Betty Boothroyd Treaty of Maastricht (Social Protocol) – vote was later expunged [n 1] 317No [9]
21 June 1990Deputy Speaker Sir Paul Dean Report stage amendment to the Human Fertilisation and Embryology Bill's amendment of the Abortion Act 1967 197No [10]
30 January 1980Deputy Speaker Bernard Weatherill Motion for leave to bring in the Televising of Parliament Bill201Aye [11]
17 July 1978Deputy Speaker Godman Irvine Motion to disagree with a Lords amendment to the Scotland Bill 286Aye [12]
11 November 1976Deputy Speaker Myer Galpern Motion to disagree with a Lords amendment to the Aircraft and Shipbuilding Industries Bill 309Aye [13]
10 November 1976Speaker George Thomas Motion to disagree with a Lords amendment to the Dock Work Regulation Bill310Aye [14]
10 November 1976Speaker George Thomas Motion to disagree with a Lords amendment to the Dock Work Regulation Bill310Aye [15]
10 November 1976Deputy Speaker Myer Galpern Motion to disagree with a Lords amendment to the Dock Work Regulation Bill309Aye [16]
27 May 1976Speaker George Thomas Amendment to a procedural motion relating to the Aircraft and Shipbuilding Industries Bill303No [17]
2 June 1965Temporary Chairman Herbert Butcher Motion to retain wording of the Finance (No. 2) Bill 281Aye [18]
12 March 1958Deputy Speaker Gordon Touche Motion to add a new clause to the Maintenance Orders Bill153No [19]
24 June 1952Deputy Speaker Charles MacAndrew Motion for leave to bring in the Licensing at Airports Bill173Aye [20]
1 March 1951Deputy Chairman Charles MacAndrew Motion that a clause stand part of the Reserve and Auxiliary Forces (Training) Bill82Aye [21]
1 May 1950Chairman James Milner Motion to reduce by £1000 the budget estimate for salaries in the Ministry of Transport 278No [22]
12 April 1938Speaker Edward Fitzroy Motion for leave to bring in the Jewish Citizenship Bill (to extend Palestinian citizenship to Jews outside Mandatory Palestine)144Aye [23]
22 July 1910Speaker James Lowther Report stage amendment to the Regency Bill to restore words removed in Committee61Aye [24]
3 April 1905Speaker William Court Gully Motion for an instruction to the committee dealing with the London County Council (Tramways) Bill171No [25]
25 July 1887Speaker Arthur Peel Motion to adjourn debate on the second reading of the Marriages Confirmation (Antwerp) Bill [n 2] 75Aye [26]
15 June 1870Speaker Evelyn Denison Motion to put the question on the second reading of the Representation of the People Acts Amendment Bill181Aye [28]
10 June 1868Speaker Evelyn Denison Motion to give a second reading to the Married Women's Property Bill now rather than in six months [n 3] 123Aye [29]
24 July 1867Speaker Evelyn Denison Motion to declare the undesirability of restricting Fellowships and Foundation Scholarships of Trinity College, Dublin to believers in the established Church of Ireland 108No [30]
7 June 1866Speaker Evelyn Denison Motion to adjourn debate on the motion that 'Mr. Speaker do leave the Chair' (and that the House go into Committee on the Test Abolition Act 1867)46Aye [31]
1 July 1864Speaker Evelyn Denison Third reading of the Tests Abolition (Oxford) Bill170Aye [n 4] [32]
19 June 1861Speaker Evelyn Denison Motion to give a third reading to the Church Rates Abolition Bill now rather than in six months [n 3] 274No [33]
10 May 1860Speaker Evelyn Denison Amendment to the Fisheries (Scotland) Bill 37No [34]

Notes

  1. ↑ There was believed to be a tied vote on an amendment to the motion, but it was quickly discovered that one extra "Aye" vote had been erroneously counted. [7] Prior to the counting error having been noted, the Speaker did give a casting vote of "No", [8] although this was later expunged when the error became clear. [1]
  2. ↑ The bill proposed to legalise marriages invalidly solemnised in Antwerp by Arthur Potts, in particular that of Edward Langworthy to Mildred Palliser Long in 1883. [26] [27]
  3. 1 2 A motion to give in reading in six or three months was a legal fiction tantamount to refusing to give it a reading at all.
  4. ↑ The immediately subsequent motion "That the bill do now pass" was defeated; [32] the changes proposed by the 1864 bill were effected by the Universities Tests Act 1871.

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References

  1. 1 2 "House of Commons: Tied Divisions". United Kingdom Election Results. David Boothroyd. Archived from the original on 5 January 2008. Retrieved 23 June 2009.
  2. ↑ MacDonagh, Michael (1914). The Speaker of the House. London: Methuen. p. 74.
  3. ↑ Factsheet P9: Divisions (PDF). London: House of Commons Information Office. 2010. p. 6. Archived (PDF) from the original on 27 July 2020. Retrieved 11 May 2010.
  4. ↑ "Exercise of the Casting Vote of the Chair". Parliament of New South Wales. Archived from the original on 15 June 2016.
  5. ↑ "Brexit: Bercow uses casting vote after first Commons tie in 26 years to block backbench indicative votes – live news". The Guardian . 3 April 2019. Archived from the original on 7 November 2020. Retrieved 3 April 2019.(See entries timed 17:22-17:52.)
  6. ↑ "Business of the House". Hansard – Parliament UK. Archived from the original on 10 April 2019. Retrieved 14 April 2019.
  7. ↑ "Points of Order – 23 July 1993". Hansard – Parliament UK. Archived from the original on 4 April 2019. Retrieved 4 April 2019.
  8. ↑ "Treaty Of Maastricht (Social Protocol)". Hansard – Parliament UK. Archived from the original on 3 April 2019. Retrieved 3 April 2019.
  9. ↑ "Treaty of Maastricht (Social Protocol)". Hansard – Parliament UK. Archived from the original on 1 June 2019. Retrieved 5 April 2019.
  10. ↑ "Amendment Of Law Relating To Termination Of Pregnancy". Hansard – Parliament UK. Archived from the original on 3 April 2019. Retrieved 3 April 2019.
  11. ↑ "Televising Of Parliament". Hansard – Parliament UK. Archived from the original on 3 April 2019. Retrieved 3 April 2019.
  12. ↑ "Scotland Bill". Hansard – Parliament UK. Archived from the original on 3 April 2019. Retrieved 3 April 2019.
  13. ↑ "Aircraft And Shipbuilding Industries Bill". Hansard – Parliament UK. Archived from the original on 4 April 2019. Retrieved 4 April 2019.
  14. ↑ "Dock Work Regulation Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 13 May 2019.
  15. ↑ "Dock Work Regulation Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 13 May 2019.
  16. ↑ "Dock Work Regulation Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 13 May 2019.
  17. ↑ "Aircraft And Shipbuilding Industries Bill (Standing Orders)". Hansard - Parliament UK. Archived from the original on 13 July 2020.
  18. ↑ "Finance (No. 2) Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 13 May 2019.
  19. ↑ "Maintenance Orders Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 13 May 2019.
  20. ↑ "Licensing at Airports Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 13 May 2019.
  21. ↑ "Reserve and Auxiliary Forces (Training) Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 13 May 2019.
  22. ↑ "Road Haulage". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 13 May 2019.
  23. ↑ "Jewish Citizenship Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 13 May 2019.
  24. ↑ "CLAUSE 4.—(Regent not entitled to give the Royal Assent to any Act altering the succession to the Crown, etc., 12 Will, 3. c. 2. 13 and 14 Chas. 2. c. 4)". Hansard - Parliament UK. Archived from the original on 26 July 2023. Retrieved 26 July 2023.
  25. ↑ "London County Council (Tramways) Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 16 May 2019.
  26. 1 2 "Marriages Confirmation (Antwerp) Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 16 May 2019.
  27. ↑ "The Langworthy Case". The Pall Mall Budget. XXXV (983): 16. 28 July 1887. Archived from the original on 27 October 2023. Retrieved 19 November 2021.
  28. ↑ "Representation of the People Acts Amendment Bill". Hansard – Parliament UK. Archived from the original on 16 May 2019. Retrieved 16 May 2019.
  29. ↑ "Married Women's Property Bill". Hansard – Parliament UK. Archived from the original on 16 May 2019. Retrieved 16 May 2019.
  30. ↑ "Trinity College (Dublin)". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 16 May 2019.
  31. ↑ "Transubstantiation Etc. Declaration Abolition Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 16 May 2019.
  32. 1 2 "Tests Abolition (Oxford) Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 16 May 2019.
  33. ↑ "Church Rates Abolition Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 16 May 2019.
  34. ↑ "Fisheries (Scotland) Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 16 May 2019.
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