Precedence and Sequence / Miscellaneous

Vote; recorded division

Journals pp. 1169-70

Debates pp. 11430-2, 11440

Background

After a recorded division of 137 to 1, Mr. MacLean (Queens) rose on a point of order to suggest that only those who are in the minority as a result of a voice vote should have the right to demand a recorded division, and "should have their names recorded with those who voted [in the minority]". He requested that the Speaker consider British practice, whereby only the minority can call for a division, Members are required to vote the same way in a formal division as in a voice vote, and the Speaker can refuse to call a recorded division if it is deemed frivolous.

Issue

Do considerations of practicality allow the Speaker to alter precedent, practice or procedure on his or her own authority?

Decision

No. The Speaker is bound by the precedents and rules of the House.

Reasons given by the Speaker

The rule concerning divisions is that the yeas and nays shall not be recorded unless demanded by five Members. If five Members rise, there shall be a recorded division. It is not the role of the Chair to decide whether the five Members rising are among those who said "Yea" or "Nay". While the suggestion is interesting and practical, it is certainly not for the Chair to interpret the rules differently from the way in which they have been interpreted over the years.

Sources cited

Standing Order 9.

Journals, July 24, 1958, pp. 297-8; September 1, 1958, pp. 530-1; March 4, 1959, pp. 196-8; June 4, 1959, pp. 520-1; June. 9, 1959, pp. 537-8; March 7, 1960, pp. 246-7; August 1, 1960, pp. 866-7; October 11, 1963, pp. 435-6; November 12, 1963, pp. 547-8; November 18, 1964, pp. 883-4.