S.O.173 Divisions - call for division
CHAPTER 15 - DIVISIONS
173. To challenge the opinion of the Speaker a Member shall call for a division before the question is declared.
| Related Orders, Precedents and Rulings |
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| S.O. 183 of 1994 (Repealed) | 183. To challenge the opinion of the Speaker a Member shall call for a division before the question is declared. |
| 1999 Precedent | 1. During a division on a motion for urgent consideration the Opposition claimed to have called the division inadvertently and asked for it to be called off. Government members did not agree and the Speaker stated that the Chair does not make the decision but assumes that the House does not want a division to proceed. As the House did not agree to call off the division it proceeded. PD 28/10/99, 2342 2. During consideration of a non-government amendment in Committee of the Whole a member was clearly heard to call "the noes have it" after the Chairman determined in favour of the "ayes". In response to a point of order, and the member's denial that it was his intention to call a division, the Chairman ruled that he did not have authority to call off a division without the leave of the Committee. As the Committee did not grant leave the division was concluded. Although the member who called the division did not vote with the "noes", no further action was taken. PD 18/11/99, 3280-3281 |
| 1998 Precedent | 1. It is difficult for the Chair to seek guidance from every member. The Chair seeks guidance from certain members. The Shadow Leader of the House not indicating the need for a division, a division was not called. PD 28/10/98, 9292 |
| 1997 Precedent | 1. Due to a disturbance in the House, a division was deferred until after private members' statements. PD 21/05/97, 9014 |
| 1992 Precedent | 1. The Speaker's declaration that the noes have it was apparently challenged by a member. Speaker replied that the call was too late and that the member did not make a sound that could be heard by the Chair. The member replied that another member had been the first to call for a division and that he only did so when it became apparent that the Speaker had not heard the earlier call. Two members then asked the Speaker to recommit the question. Speaker replied that to the best of his interpretation, no challenge to the division came from either side of the House. It was not for the Chair to enter into the partisan issues of the matter but for the Chair to ensure that the business of the House proceeds in an orderly fashion. If there is a case, no matter how doubtful, that there was a misunderstanding, he was willing to accept that. He reminded members that the obligation is on members wishing to draw any matter to the attention of the Chair, whether seeking the call or calling for a division, to follow the clear procedures and to act properly and as forcefully as need be to attract the attention of the Chair. The question was recommitted and resolved in the negative. PD 30/4/92, 3280-1 2. The Speaker put the question 'That the motion be noted as a matter of public importance'. Point of order taken when he declared the Noes have it on the grounds that it was an established precedent of the House that, when a motion is moved on a private members' day, those not voting with the ayes will move for the division or otherwise. The member moving the point of order noted that Speaker had always made a distinct ruling that the ayes would have it and that the Speaker had departed from that ruling that had been applied consistently over a long period. He asked Speaker to reconsider. The Speaker replied that the member was correct and that he had always adopted the practice of putting the question in favour of the side from which the motion came. However as there were on the voices such a distinct difference between the noes a |
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