Speaker Denison's rule

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File: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.

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.

Date Presiding officer Issue Ayes and noes Position of casting vote Reference
10 May 1860 Speaker Evelyn Denison Amendment to the Fisheries (Scotland) Bill 37 No [5]
19 June 1861 Speaker Evelyn Denison Motion to give a third reading to the Church Rates Abolition Bill now rather than in six monthsTemplate:Refn 274 No [6]
1 July 1864 Speaker Evelyn Denison Third reading of the Tests Abolition (Oxford) Bill 170 AyeTemplate:Refn [7]
7 June 1866 Speaker 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) 46 Aye [8]
24 July 1867 Speaker 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 108 No [9]
10 June 1868 Speaker Evelyn Denison Motion to give a second reading to the Married Women's Property Bill now rather than in six monthsTemplate:Refn 123 Aye [10]
15 June 1870 Speaker Evelyn Denison Motion to put the question on the second reading of the Representation of the People Acts Amendment Bill 181 Aye [11]
25 July 1887 Speaker Arthur Peel Motion to adjourn debate on the second reading of the Marriages Confirmation (Antwerp) BillTemplate:Refn 75 Aye [12]
3 April 1905 Speaker William Court Gully Motion for an instruction to the committee dealing with the London County Council (Tramways) Bill 171 No [13]
22 July 1910 Speaker James Lowther Report stage amendment to the Regency Bill to restore words removed in Committee 61 Aye [14]
12 April 1938 Speaker Edward Fitzroy Motion for leave to bring in the Jewish Citizenship Bill (to extend Palestinian citizenship to Jews outside Mandatory Palestine) 144 Aye [15]
1 May 1950 Chairman James Milner Motion to reduce by £1000 the budget estimate for salaries in the Ministry of Transport 278 No [16]
1 March 1951 Deputy Chairman Charles MacAndrew Motion that a clause stand part of the Reserve and Auxiliary Forces (Training) Bill 82 Aye [17]
24 June 1952 Deputy Speaker Charles MacAndrew Motion for leave to bring in the Licensing at Airports Bill 173 Aye [18]
12 March 1958 Deputy Speaker Gordon Touche Motion to add a new clause to the Maintenance Orders Bill 153 No [19]
2 June 1965 Temporary Chairman Herbert Butcher Motion to retain wording of the Finance (No. 2) Bill 281 Aye [20]
27 May 1976 Speaker George Thomas Amendment to a procedural motion relating to the Aircraft and Shipbuilding Industries Bill 303 No [21]
10 November 1976 Deputy Speaker Myer Galpern Motion to disagree with a Lords amendment to the Dock Work Regulation Bill 309 Aye [22]
10 November 1976 Speaker George Thomas Motion to disagree with a Lords amendment to the Dock Work Regulation Bill 310 Aye [23]
10 November 1976 Speaker George Thomas Motion to disagree with a Lords amendment to the Dock Work Regulation Bill 310 Aye [24]
11 November 1976 Deputy Speaker Myer Galpern Motion to disagree with a Lords amendment to the Aircraft and Shipbuilding Industries Bill 309 Aye [25]
17 July 1978 Deputy Speaker Godman Irvine Motion to disagree with a Lords amendment to the Scotland Bill 286 Aye [26]
30 January 1980 Deputy Speaker Bernard Weatherill Motion for leave to bring in the Televising of Parliament Bill 201 Aye [27]
21 June 1990 Deputy Speaker Sir Paul Dean Report stage amendment to the Human Fertilisation and Embryology Bill's amendment of the Abortion Act 1967 197 No [28]
22 July 1993 Speaker Betty Boothroyd Treaty of Maastricht (Social Protocol)vote was later expungedTemplate:Refn 317 No [29]
3 April 2019 Speaker John Bercow Brexit indicative vote amendment 310 No [30][31]

Notes

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References

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External links

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