S.O.174 Divisions - procedure for division
174. The procedure for calling a division is as follows:
- The Speaker must first state an opinion, after putting a question, as to whether the Ayes or the Noes have it and if unchallenged declare the question accordingly.
- If there has been a voice for both the Ayes and the Noes, a division may then be called for.
- To call a division a Member must have called against the Speaker's determination.
|Related Orders, Precedents and Rulings|
|Notes for the Chair||A division can only be called by a Member who gave voice against the majority as declared by the Speaker and one minority voice is only required (S.O. 174). The call for a division must be made before any new motion is proposed or other proceedings commenced. Members may vote against a motion moved by them but cannot change their vote after challenging the Speaker's determination and a division called (i.e. call "aye" but be recorded as voting "no"). At the expiration of the 4 minutes provided for Members to attend in the Chamber for a division, the Speaker orders the doors to be locked and then again restates the question. The Speaker appoints two tellers from each side (usually the Whips and their deputies). It is disorderly for a Member appointed to act as a teller to refuse and offenders may be removed from the House. While pairs are recognised in the standing orders they are unofficial and organised by private arrangement between the Whips. Accordingly, no point of order can be raised in relation to pairing. Key rulings: Once the Chair declares the result of a vote on the voices, that result will stand. Kelly, PD 07/06/1977, p. 6078 The time for a Member to call for a division is when the Chair pauses after declaring the result of the vote on the voices. Kelly, PD 13/05/1981, p. 7140 When a division is desired Members should clearly indicate their desire by calling for a division. Maher, PD 16/09/1959, p. 786 DIVISIONS [At the end of the debate/ proceeding] Speaker: “The question is, That... All of that opinion say AYE, to the contrary NO. I think the Ayes/ Noes have it” [PAUSE (to allow for calling of a division)] [NB: the practice is to call the vote in favour of the party with the majority i.e. the Government] – the Ayes/Noes have it.” [When division is called] Speaker: “A division is called for, ring the bells” [After the four minutes have elapsed] [If the Government is to the right of the Chair] Speaker: “Lock the doors. I appoint the Member for Wagga Wagga/Penrith/Murray-Darling and the Member |
|S.O. 184 of 1994 (Repealed)||184. The procedure for calling a division is as follows: (1) The Speaker must first state an opinion, after putting a question, as to whether the Ayes or the Noes have it and if unchallenged declare the question accordingly. (2) If there has been a voice for both the Ayes and the Noes, a division may then be called for. (3) To call a division a Member must have called against the Speaker's determination.|
|2002 Precedent||1. During a division a member raised a point of order that once the division bells had been rung that the division was in progress and the standing orders require that it continue. The member who had called the division stated that he misunderstood the rules (that a division can only be called by a member in opposition to the Speaker's determination) and he sought leave to withdraw his call for a division. A point of order was raised that when the Chair puts the question, accepts the call for a division and orders the bells to be rung that they are unable to overrule the call. To which the Leader of the House argued that as the member had made a mistake that the House should accede to his request to call off the division. A Member of the Opposition raised a further point of order that the member had called the division to embarrass the Opposition and that he should not abuse the processes of the House when he realised that the standing orders require the member who called for the division to vote against the motion. The Acting Speaker ruled that, in view of the member advising that he had made a mistake in calling for a division called off the division and restated the question. PD 29/5/02, 2185-86. 2. Division called off by Speaker after receiving advice that members had been delayed because of a problem with the lifts. The Speaker ordered that the bells be rung again. PD 5/6/02, 2609; PD 20/06/2002, 3543|
|1991 Precedent||1. Question put on second reading of a bill and apparently resolved on voices. Division then called for. After a point of order that the division had been called for before the determination of the question, the Acting Speaker recommitted the question which passed on division. PD 10/12/91, 6282|
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