CHAPTER 7
DIVISIONS
General principles
7.01 At the end of a debate on a motion or amendment
which has not been withdrawn, the Lord on the Woolsack or in the
Chair puts the Question to the House ("The Question is
") and then says:
"As many as are of that opinion will say
"Content". The contrary "Not-content"."
If there is a response from only one side, the Lord
on the Woolsack or in the Chair then says:
"The Contents [Not-contents] have it."
The Question is agreed to or disagreed to accordingly.
7.02 If there is a response from both sides,
but one side appears more numerous than the other, the Lord on
the Woolsack or in the Chair says:
"I think the Contents [Not-contents] have
it."
If this expression of opinion is not challenged,
the Lord on the Woolsack or in the Chair says:
"The Contents [Not-contents] have it."
The Question is then decided accordingly.
7.03 If this expression of opinion is challenged,
the Lord on the Woolsack or in the Chair may repeat it until the
challenge is abandoned or until he is satisfied that a division
is inevitable.[252]
This process is known as "collecting the voices". If
the challenge is maintained, even by only one member, a division
must be called.[253]
The Lord on the Woolsack or in the Chair says:
"Clear the Bar."
7.04 The area immediately behind the Bar of the
House and the division lobbies are then cleared of visitors. The
galleries, the space within the rails around the Throne, the Clerks'
box, the officials' box, and the seats below Bar are not cleared,
unless the House so orders. The doors at the ends of the division
lobbies are locked.
7.05 During the three minutes after the order
has been given for the Bar to be cleared, two Tellers are appointed
by the members wishing to vote "Content" and two by
those wishing to vote "Not-content". Their names are
given in at the Table where they receive their Tellers' wands
and they state to the Clerk whether they are appointed by the
Contents or the Not-contents.[254]
7.06 At the end of three minutes, the doors at
the exit from each division lobby are unlocked and the Lord on
the Woolsack or in the Chair again puts the Question. If only
one side replies, the Lord on the Woolsack or in the Chair says:
"The Contents [Not-contents] have it."
and no division takes place.
7.07 If one or more voices from each side shouts
"Content" and "Not-content", the Lord on the
Woolsack or in the Chair proceeds with the division by saying:
"The Contents will go to the right by the
Throne. The Not-contents to the left by the Bar."
7.08 The members wishing to vote "Content"
then go through the door to the right of the Throne through the
lobby on the spiritual side, and re-enter the House through the
door beyond the Bar of the House. The members wishing to vote
"Not-content" go through the door beyond the Bar on
the temporal side and re-enter the House through the door to the
left of the Throne.
7.09 A member may, usually on the ground of disability,
vote in the Chamber.[255]
Such votes, and those of the Lord on the Woolsack or in the Chair,
are taken in the House by the Clerk.
7.10 A member may vote in a division even if
not in the House to hear the Question put.
7.11 One Teller from each side and two Clerks
go to each lobby to record the numbers and names of those voting.
Members voting divide into two streams in each lobby.[256]
They must give their names to the Clerks. Members do not bow to
the Tellers.[257]
7.12 At the end of eight minutes from the time
when the Bar is ordered to be cleared, or longer at the discretion
of the Lord on the Woolsack or in the Chair,[258]
the House or Committee is again informed of the Question which
is the subject of the division. The doors of the Chamber are locked;
and from that moment only members who are already in the Chamber
or the lobbies may vote. When the Tellers are satisfied that all
members who wish to vote in their respective lobbies have done
so, they return to the Table. They tell the Clerk how many votes
they have recorded. The Clerk adds the vote of the Lord on the
Woolsack or in the Chair, and any member voting in the Chamber,
and hands the result to one of the Tellers for the winning side.
That Teller gives it to the Lord on the Woolsack or in the Chair
who reads it to the House or Committee in this form:
"There have voted:
Content:
Not-content:
And so the Contents [Not-contents] have it."
7.13 The three other Tellers remain at the Table
until the numbers have been announced, at which point all four
hand back their wands.
7.14 For details of the procedures to be followed
by Tellers, see appendix A, page 236.
7.15 Division lists showing how members voted
are published on the parliamentary intranet and on the Internet.
They are printed in Hansard and in House of Lords Business,
and are recorded in the Journals.[259]
Voting in wrong lobby
7.16 If any member by mistake votes in the wrong
lobby, he must wait until the others in that lobby have voted,
and then ask the Tellers not to count his vote. The Tellers then
accompany the member concerned to the Table, and tell the Clerk
what has happened. They then ask the member which way he wishes
to vote. That vote is taken by the Clerk in the House, and recorded
accordingly.[260]
Voting in both lobbies
7.17 If any member votes in both lobbies in one
division, his name is struck off the list of those voting in that
division, and his vote is disregarded.
Votes of the Lord Speaker and
Chairman
7.18 The Lord Speaker is expected not to vote.[261]
The Deputy Speaker, or Deputy Chairman in Committee of the whole
House, may vote, but does not have a casting vote.
Discrepancies
7.19 If the Tellers' figures, as announced in
the House, do not tally with the division lists taken by the Clerks,
the following action is taken:[262]
(a) the responsibility for counting the votes
rests with the Tellers, and once their figures have been announced
to the House, these figures are authoritative, unless and until
corrected by a further announcement in the House;
(b) if a discrepancy is discovered between the
Tellers' figures and the lists of the division Clerks, this should
be reported as soon as possible to the Tellers with a view to
reconciling the discrepancy;
(c) if the Tellers agree that a correction is
needed, this correction should be announced to the House at the
earliest convenient moment from the Woolsack or the Chair;
(d) if the correction involves the reversal of
a decision of the House and the House has taken further action
on the basis of the mistaken announcement, any proceedings taken
on the basis of that announcement should, unless irreversible,
be voided;
(e) if after consultation with the Tellers no
reconciliation is possible and the discrepancy remains unexplained,
a note is added to the division list in the Minutes of Proceedings
and in the Journals, drawing attention to the discrepancy between
the numbers announced and the names recorded.
Insufficiency of Tellers
7.20 If after three minutes from the time when
the Bar is ordered to be cleared, one side has appointed Tellers,
but no Teller, or only one Teller, has been appointed by the other
side, a division cannot take place;[263]
and the Lord on the Woolsack or in the Chair declares the Question
decided in favour of the side which has appointed two Tellers.
He uses the following words:
"My Lords, Tellers for the Contents [Not-contents]
have not been appointed pursuant to Standing Order No. 53. A division,
therefore, cannot take place, and I declare that the Not-contents
[Contents] have it."[264]
7.21 If both sides fail to appoint Tellers, a
division cannot take place and the Question is decided in accordance
with SO 56 (see below). The Lord on the Woolsack or in the Chair
informs the House:
"My Lords, Tellers have not been appointed
either for the Contents or for the Not-contents pursuant to Standing
Order No. 53. A division, therefore, cannot take place, and in
accordance with Standing Order No. 56 [
adding the appropriate
formula which will be supplied by the Clerk at the Table]."
Equality of votes
7.22 If the Contents and Not-contents are equal
in number[265]
or if both sides fail to appoint tellers, the Question is decided
on the principle contained in SO 56 that legislation is allowed
to proceed in the form which is before the House unless there
is a majority in favour of rejecting or amending it; and that
other motions are rejected unless there is a majority in their
favour.[266]
If there is an equality of votes on a division, the Clerk delivers
the result to the Lord on the Woolsack or in the Chair, who reads
out the numbers of those voting in the normal way and announces
the result as follows:
(a) on a motion to advance a bill by a stage,
or on an amendment to such a motion:
"There being an equality of votes, in accordance
with Standing Order No. 56, which provides that no proposal to
reject a bill shall be agreed to unless there is a majority in
favour of such rejection, I declare the motion agreed to [the
amendment disagreed to]."
(b) on an amendment to a bill:
"There being an equality of votes, in accordance
with Standing Order No. 56, which provides that no proposal to
amend a bill in the form in which it is before the House shall
be agreed to unless there is a majority in favour of such an amendment,
I declare the amendment disagreed to."
(c) on an amendment to an amendment:
"There being an equality of votes, in accordance
with Standing Order No. 56, which provides that the Question before
the House shall be resolved in the negative unless there is a
majority in its favour, I declare the amendment to the amendment
disagreed to."
(d) on the Question in Committee of the whole
House that "a clause stand part" of a bill or that "this
be a Schedule" to a bill, since the effect of resolving this
Question in the negative would be to amend the bill:
"There being an equality of votes, in accordance
with Standing Order No. 56, which provides that no proposal to
amend a bill in the form in which it is before the House shall
be agreed to unless there is a majority in favour of such amendment,
I declare the Question resolved in the affirmative."
(e) on consideration of a Commons amendment,
since the form of the bill before the House is taken to be the
bill as amended by the Commons:
"There being an equality of votes, in accordance
with Standing Order No. 56, which provides that no proposal to
amend a bill in the form in which it is before the House shall
be agreed to unless there is a majority in favour of such amendment,
I declare the Commons amendment agreed to."
(f) on a motion to insist, or not to insist,
on an amendment to which the Commons have disagreed, since the
form of the bill before the House is taken to be the bill as amended
by the Commons:
"There being an equality of votes, in accordance
with Standing Order No. 56, which provides that no proposal to
amend a bill in the form in which it is before the House shall
be agreed to unless there is a majority in favour of such amendment,
I declare the amendment not insisted on."
(g) on a motion for an Address or affirmative
resolution[267]
on an affirmative instrument:
"There being an equality of votes, in accordance
with Standing Order No. 56, which provides that no proposal to
reject subordinate legislation shall be agreed to unless there
is a majority in favour of such rejection, I declare the motion
agreed to."
(h) on a prayer to annul a statutory instrument,
or a resolution to annul a special procedure order:
"There being an equality of votes, in accordance
with Standing Order No. 56, which provides that no proposal to
reject subordinate legislation shall be agreed to unless there
is a majority in favour of such rejection, I declare the motion
disagreed to."
(i) on any other motion or amendment:
"There being an equality of votes, in accordance
with Standing Order No. 56, which provides that the Question before
the House shall be resolved in the negative unless there is a
majority in its favour, I declare the motion/amendment disagreed
to."
Quorum on divisions
GENERAL AND PROCEDURAL QUESTIONS
7.23 There is no quorum for divisions on general
or procedural questions.[268]
BILLS AND SUBORDINATE LEGISLATION
7.24 The quorum is 30 for divisions on bills
and subordinate legislation.
7.25 If fewer than 30 members vote in a division
on a bill or amendment or on any Question for the approval or
disapproval of subordinate legislation, the Lord on the Woolsack
or in the Chair declares the Question not decided, as follows:[269]
(a) on a stage of a bill, on an amendment to
a motion relating to such a stage, or on a motion to approve or
annul subordinate legislation:
"As it appears that fewer than thirty members
have voted, in accordance with Standing Order No. 57, I declare
the Question not decided and the debate thereon stands adjourned."
The debate on the undecided Question is adjourned
to a subsequent sitting. The House proceeds to the next business
on the order paper. Members who have spoken are permitted to speak
again on any subsequent proceedings.[270]
(b) in Committee of the whole House:
"As it appears that fewer than thirty members
have voted, in accordance with Standing Order No. 57, I declare
the Question not decided; and, pursuant to the Standing Order,
the House will now resume."
The debate on the undecided Question is adjourned
to a subsequent sitting and the House is resumed. The next business
on the order paper is taken. On any subsequent proceedings in
Committee on the bill, the Committee proceeds with the consideration
of the Question on which no decision was taken because of the
absence of a quorum.
(c) on the consideration of an amendment to a
bill at any stage other than Committee of the whole House:
"As it appears that fewer than thirty members
have voted, in accordance with Standing Order No. 57, I declare
the Question not decided and the further proceedings on the bill
stand adjourned."
The debate on the amendment and the remaining proceedings
on the stage of the bill in question are adjourned to a subsequent
sitting. The House proceeds to the next business on the order
paper. Members who have spoken are permitted to speak again on
any subsequent proceedings.
Proxies
7.26 The use of proxies in a division was discontinued
in 1868. Two days' notice is required for any proposal to revive
proxies.[271]
Protests
7.27 Any member has the right to record a protest
against any decision of the House, and may give reasons for the
protest. The protest must be entered in the Protest Book, and
signed before the rising of the House on the next sitting day.[272]
Members of the House may add their names to a protest, either
without remark or with reasons why they have appended their names.
Every protest is entered in the Journals. No member may enter
a protest unless he was present for, and in the case of a division,
voted on, the matter at issue.[273]
7.28 Any member who is considering recording
a protest should contact the Table Office.
252 Procedure 2nd Rpt 1981-82. Back
253
SO 53. Back
254
The procedure to be followed if the correct number of Tellers
is not appointed is set out at paragraphs 7.20-7.21. Back
255
SO 54. Back
256
Procedure 3rd Rpt 1992-93. Back
257
Procedure 1st Rpt 1969-70. Back
258
Procedure 2nd Rpt 1992-93. Back
259
SO 58. Back
260
SO 55. Back
261
Procedure 4th Rpt 2005-06. Back
262
Procedure 1st Rpt 1966-67. Back
263
SO 53(2). Back
264
Procedure 2nd Rpt 1968-69. Back
265
Procedure 1st Rpt 1962-63. Back
266
SO 56 superseded the ancient rule, "Semper praesumitur
pro negante". Back
267
See paragraph 10.08. Back
268
Procedure 1st Rpt 1958-59. Back
269
SO 57. Back
270
Procedure 1st Rpt 1963-64. Back
271
SO 60. Back
272
Leave has been given to enter a protest after the period limited
by SO 59. Back
273
This restriction may be dispensed with on motion. Back
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