Speaker_Denison's_rule

Speaker Denison's rule

Speaker Denison's rule

Parliamentary procedure rule

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.

Evelyn Denison, 1st Viscount Ossington

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:

  • against the final reading of a bill (and against holding such readings immediately rather than in the future, to allow for time to consider the matter)
  • in favour of earlier readings of bills (and in favour of holding such readings immediately rather than in the future, to allow for further debate)
  • against amendments to bills
  • against motions of no confidence
  • in favour of disagreeing with amendments made by the House of Lords

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.

More information Date, Presiding officer ...

Notes

  1. [n 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. [n 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. [n 3]
    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. [n 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.

References

  1. [1]
    "House of Commons: Tied Divisions". United Kingdom Election Results. David Boothroyd. Archived from the original on 5 January 2008. Retrieved 23 June 2009.
  2. [2]
    MacDonagh, Michael (1914). The Speaker of the House. London: Methuen. p. 74.
  3. [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. [4]
    "Exercise of the Casting Vote of the Chair". Parliament of New South Wales. Archived from the original on 15 June 2016.
  5. [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.)
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    "Business of the House". Hansard – Parliament UK. Archived from the original on 10 April 2019. Retrieved 14 April 2019.
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  24. [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. [25]
    "London County Council (Tramways) Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 16 May 2019.
  26. [26]
    "Marriages Confirmation (Antwerp) Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 16 May 2019.
  27. [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. [28]
    "Representation of the People Acts Amendment Bill". Hansard – Parliament UK. Archived from the original on 16 May 2019. Retrieved 16 May 2019.
  29. [29]
    "Married Women's Property Bill". Hansard – Parliament UK. Archived from the original on 16 May 2019. Retrieved 16 May 2019.
  30. [30]
    "Trinity College (Dublin)". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 16 May 2019.
  31. [31]
    "Transubstantiation Etc. Declaration Abolition Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 16 May 2019.
  32. [32]
    "Tests Abolition (Oxford) Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 16 May 2019.
  33. [33]
    "Church Rates Abolition Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 16 May 2019.
  34. [34]
    "Fisheries (Scotland) Bill". Hansard – Parliament UK. Archived from the original on 8 June 2020. Retrieved 16 May 2019.
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