Before describing the organisation and procedure of the House it may be well to explain the method of voting, because frequent reference must be made to it, and the terms are technical. After stating the question to be voted upon, the Speaker, or the Chairman, calls in the ordinary way for the ayes and noes. According to the apparent preponderance of voices he then says, "I think the ayes (or noes) have it." If no objection is raised, he adds a moment later, "The ayes (or noes) have it," and the vote is so recorded. If, on the other hand, any of the minority doubt the result, or wish the numbers and names recorded, they cry out contrary to the Speaker, "The noes (or ayes) have it." Whereupon the Speaker directs strangers to withdraw (except from the places reserved for them), the division bells are rung all over the building, the two-minute sand-glass is turned, and when it has run the doors are locked, and the question and vote are repeated in the same way.[253:1] If the Speaker's opinion of the result is again challenged—and this is almost always done—he orders a division of the House, that is, he directs the ayes to go to the right, the noes to the left; and he appoints two tellers from each side, one of each pair to count the ayes, and the other the noes, in order to check one another. The ayes then go into the lobby that runs parallel to the House on the Speaker's right, the noes into that on his left; and until 1906 every member in the House, except the Speaker, was obliged to go into one lobby or the other, unless he was physically disabled, when his vote might be counted in the House.[253:2] The tellers, standing at the door of each lobby, count the members as they pass between them in returning to the House, while clerks at tables in the lobbies take down their names.
Ever since 1836, when the method of taking a division assumed its present form, the names of members voting on each side have been printed and preserved, although curiously enough these division lists are not included among the parliamentary papers. The process may seem a clumsy way of counting votes, but under the system in force until 1906 it took, on the average, only twenty minutes, and under the new system, whereby the recording of names begins when the sand-glass is turned, it takes not much more than half as long. This is less time than would be consumed by a roll-call, and the system has been found so satisfactory that it was adopted by the House of Lords.
Until recently a division was the only means, apart from an oral vote, of taking the sense of the House; and any one member could force a division by challenging the result of an oral vote, or rather any two members could do so, for a division cannot take place unless two tellers can be found for each side. In 1888, however, as a part of the movement to prevent obstruction and waste of time, the Speaker or Chairman was empowered, if he thinks a division frivolously or vexatiously claimed, to call upon the ayes and noes to rise in their places. He can then count them, and declare the result;[254:1] but this is in fact rarely done.
The names of the men selected as tellers indicate the political nature of the vote. If the government intend to treat the question, I will not say as one of confidence, (for there are cases of secondary importance where a ministry may be beaten without feeling that they have lost the confidence of the House and must resign), but if they intend to treat it as one where an adverse vote is a defeat for them, if they desire to rally their followers to vote solidly upon it, then the government whips are appointed tellers. If in the same way the Opposition want to treat it as a party question, their whips are appointed tellers upon the other side. But if on one side or the other this is not the case, private members who have made or seconded the motion or taken an active part in debate are selected by the chair as tellers, and if so any member may, without disloyalty to his party, vote according to his own unaided convictions.
Standing and Sessional Orders.
Like other legislative bodies the House of Commons has printed rules, and the most important of these, the standing orders, are published every year among the parliamentary papers. But the standing orders are by no means a code of procedure, for they cover only a fraction, and so far as they relate to public business a small fraction, of the subject.[255:1] The procedure rests essentially upon custom, to be gathered in part from precedents and the rulings of Speakers, in part from unrecorded tradition known by personal experience. Many standing orders have, in fact, been adopted from time to time in order to modify or forbid an existing practice, and hence their effect is mainly negative. No particular formality is required for the adoption of these rules, but in 1902, when extensive changes were made, the proposals were read several times, and were, in fact, submitted to a procedure similar to that for the enactment of a bill.[255:2]
Standing Orders Endure from One Parliament to Another.
The standing orders differ from the rules of legislative bodies in some other countries in two important respects. In the first place they do not have to be adopted afresh by each new House of Commons, but once established they continue in force from Parliament to Parliament until repealed. There are, indeed, sessional orders which require to be renewed at the beginning of each session, and sometimes a new rule after proving its utility in this way is given the permanent form of a standing order. Orders or resolutions without any fixed duration are also adopted at times. These expire upon prorogation, but it sometimes happens that without being formally revived they continue to be observed as a part of customary practice of the House.[256:1]
They Can be Suspended by a Simple Vote.
The second peculiarity of the standing orders lies in the fact that they can be suspended by a simple majority vote. Notice of a motion for that purpose is usually required and given, but it may be dispensed with; and it is not even necessary to refer in the motion to the standing orders at all. Any order or resolution, inconsistent with their terms, has, if adopted, the effect of suspending them,[256:2] and the House is, in fact, constantly adopting special orders which change the course of procedure as prescribed by the standing orders or the customary practice. This has often been done when the government has needed to take, for its own measures, part of the time allotted to private members, or has wanted to extend the sitting beyond the usual hour. Many of these cases are now provided for by the new rules adopted in 1902; but the most effective form of cutting short debate, the process known as the "guillotine," although now regulated by standing order in the case of supply,[256:3] is still applied in the case of all other bills solely by a special order of the House adopted for a particular bill on the motion of a minister.