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Speaker Denison's rule

Parliamentary procedure rule

Speaker Denison's rule
Summary

Parliamentary procedure rule

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.

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. 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.

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.

DatePresiding officerIssueAyes and noesPosition of casting vote
10 May 1860Speaker Evelyn DenisonAmendment to the Fisheries (Scotland) Bill37No
19 June 1861Speaker Evelyn DenisonMotion to give a third reading to the Church Rates Abolition Bill now rather than in six months274No
1 July 1864Speaker Evelyn DenisonThird reading of the Tests Abolition (Oxford) Bill170Aye
7 June 1866Speaker Evelyn DenisonMotion 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)46Aye
24 July 1867Speaker Evelyn DenisonMotion to declare the undesirability of restricting Fellowships and Foundation Scholarships of Trinity College, Dublin to believers in the established Church of Ireland108No
10 June 1868Speaker Evelyn DenisonMotion to give a second reading to the Married Women's Property Bill now rather than in six months123Aye
15 June 1870Speaker Evelyn DenisonMotion to put the question on the second reading of the Representation of the People Acts Amendment Bill181Aye
25 July 1887Speaker Arthur PeelMotion to adjourn debate on the second reading of the Marriages Confirmation (Antwerp) Bill75Aye
3 April 1905Speaker William Court GullyMotion for an instruction to the committee dealing with the London County Council (Tramways) Bill171No
22 July 1910Speaker James LowtherReport stage amendment to the Regency Bill to restore words removed in Committee61Aye
12 April 1938Speaker Edward FitzroyMotion for leave to bring in the Jewish Citizenship Bill (to extend Palestinian citizenship to Jews outside Mandatory Palestine)144Aye
1 May 1950Chairman James MilnerMotion to reduce by £1000 the budget estimate for salaries in the Ministry of Transport278No
1 March 1951Deputy Chairman Charles MacAndrewMotion that a clause stand part of the Reserve and Auxiliary Forces (Training) Bill82Aye
24 June 1952Deputy Speaker Charles MacAndrewMotion for leave to bring in the Licensing at Airports Bill173Aye
12 March 1958Deputy Speaker Gordon ToucheMotion to add a new clause to the Maintenance Orders Bill153No
2 June 1965Temporary Chairman Herbert ButcherMotion to retain wording of the Finance (No. 2) Bill281Aye
27 May 1976Speaker George ThomasAmendment to a procedural motion relating to the Aircraft and Shipbuilding Industries Bill303No
10 November 1976Deputy Speaker Myer GalpernMotion to disagree with a Lords amendment to the Dock Work Regulation Bill309Aye
10 November 1976Speaker George ThomasMotion to disagree with a Lords amendment to the Dock Work Regulation Bill310Aye
10 November 1976Speaker George ThomasMotion to disagree with a Lords amendment to the Dock Work Regulation Bill310Aye
11 November 1976Deputy Speaker Myer GalpernMotion to disagree with a Lords amendment to the Aircraft and Shipbuilding Industries Bill309Aye
17 July 1978Deputy Speaker Godman IrvineMotion to disagree with a Lords amendment to the Scotland Bill286Aye
30 January 1980Deputy Speaker Bernard WeatherillMotion for leave to bring in the Televising of Parliament Bill201Aye
21 June 1990Deputy Speaker Sir Paul DeanReport stage amendment to the Human Fertilisation and Embryology Bill's amendment of the Abortion Act 1967197No
22 July 1993Speaker Betty BoothroydTreaty of Maastricht (Social Protocol) – vote was later expunged317No
3 April 2019Speaker John BercowBrexit indicative vote amendment310No
9 December 2025Deputy Speaker Caroline NokesMotion for leave to bring in the UK-EU Customs Union (Duty to Negotiate) Bill100Aye

Tied votes elsewhere

The Speaker of the House of Commons of Canada in 2005, Peter Milliken, broke a tie on a confidence motion to pass the 2005 Canadian federal budget; this is the first and only time a tie on a confidence motion has occurred in Canada. Milliken cited parliamentary precedent while explaining his decision.

Notes

References

References

  1. MacDonagh, Michael. (1914). "The Speaker of the House". Methuen.
  2. (2010). "Factsheet P9: Divisions". House of Commons Information Office.
  3. "Exercise of the Casting Vote of the Chair".
  4. "Fisheries (Scotland) Bill".
  5. "Church Rates Abolition Bill".
  6. "Tests Abolition (Oxford) Bill".
  7. "Transubstantiation Etc. Declaration Abolition Bill".
  8. "Trinity College (Dublin)".
  9. "Married Women's Property Bill".
  10. "Representation of the People Acts Amendment Bill".
  11. (28 July 1887). "The Langworthy Case". The Pall Mall Budget.
  12. "Marriages Confirmation (Antwerp) Bill".
  13. "London County Council (Tramways) Bill".
  14. "CLAUSE 4.—(Regent not entitled to give the Royal Assent to any Act altering the succession to the Crown, etc., 12 Will, 3. c. 2. 13 and 14 Chas. 2. c. 4)".
  15. "Jewish Citizenship Bill".
  16. "Road Haulage".
  17. "Reserve and Auxiliary Forces (Training) Bill".
  18. "Licensing at Airports Bill".
  19. "Maintenance Orders Bill".
  20. "Finance (No. 2) Bill".
  21. "Aircraft And Shipbuilding Industries Bill (Standing Orders)".
  22. "Dock Work Regulation Bill".
  23. "Dock Work Regulation Bill".
  24. "Dock Work Regulation Bill".
  25. "Aircraft And Shipbuilding Industries Bill".
  26. "Scotland Bill".
  27. "Televising Of Parliament".
  28. "Amendment Of Law Relating To Termination Of Pregnancy".
  29. "Points of Order – 23 July 1993".
  30. "Treaty Of Maastricht (Social Protocol)".
  31. "House of Commons: Tied Divisions". David Boothroyd.
  32. "Treaty of Maastricht (Social Protocol)".
  33. (3 April 2019). "Brexit: Bercow uses casting vote after first Commons tie in 26 years to block backbench indicative votes – live news". [[The Guardian]].
  34. "Business of the House".
  35. "UK-EU customs union (duty to negotiate): Ten Minute Rule Motion".
  36. (20 May 2005). "Speaker's vote breaks first no-confidence tie". [[The Globe and Mail]].
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