Division of a question

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In parliamentary procedure, a motion for division of a question is used to separate a motion into a set of motions.

Contents

History

The concept of a division of a question dates back to at least 1640, when the Lex Parliamentaria noted, "If a Question upon a Debate contains more Parts than one, and Members seem to be for one Part, and not for the other; it may be moved, that the same may be divided into two, or more Questions: as Dec. 2, 1640, the Debate about the Election of two Knights was divided into two Questions." [1]

Explanation and use

Division of a question (RONR)
Class Incidental motion
In order when another has the floor?No
Requires second?Yes
Debatable?No
May be reconsidered?No
Amendable?Yes
Vote required Majority

A motion for division of a question is used to split a motion into separate motions which are debated and voted on separately.

According to Robert's Rules of Order Newly Revised (RONR), this motion is applicable when each of the different parts, although relating to a single subject, is capable of standing as a complete proposition without the others. [2] The motion is made by saying, for instance, "I move to divide the resolution so as to consider separately...." [3]

A motion to divide the question is not required when a single motion seeks approval of a series of propositions or resolutions on different subjects. Any member may obtain separate discussion and voting on any of the unrelated propositions or resolutions by making a demand for separate consideration, at any time before the unified motion is put to a vote. [4]

Examples

In the British House of Commons, a formal motion is not required to divide the question; since 1888, the Speaker has held that a question consisting of two or more propositions, each of which is able to stand on its own, can be divided on the objection of any Member of Parliament. [5]

In the European Parliament, the division of a question is known as split voting and may be requested by a political group or at least 40 members, when "the text to be put to the vote contains two or more provisions or references to two or more points[...]". [6] The members of parliament will consequently vote on each provision separately.

Consideration by paragraph , consider by parts, or consider seriatim are names for a similar motion whereby a complex motion is broken up to be deliberated part by part. Each part is considered tentatively and amended as necessary, then the whole motion is considered and voted on as a whole. [7] This differs from the motion to divide a question which splits the motion into two or more independent motions that are taken up in sequence. Each new motion is deliberated and voted upon before taking up the next part.

Division of the question is not to be confused with division of the assembly, which is a call for a rising vote. [8]

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Markup is the process by which a U.S. congressional committee or state legislative session debates, amends, and rewrites proposed legislation.

In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house, is a situation in which no member present objects to a proposal.

In parliamentary procedure, the previous question is generally used as a motion to end debate on a pending proposal and bring it to an immediate vote. The meaning of this specialized motion has nothing to do with any question previously considered by the assembly.

A committee of the whole is a meeting of a legislative or deliberative assembly using procedural rules that are based on those of a committee, except that in this case the committee includes all members of the assembly. As with other (standing) committees, the activities of a committee of the whole are limited to considering and making recommendations on matters that the assembly has referred to it; it cannot take up other matters or vote directly on the assembly's business. The purpose of a committee of the whole is to relax the usual limits on debate, allowing a more open exchange of views without the urgency of a final vote. Debates in a committee of the whole may be recorded but are often excluded from the assembly's minutes. After debating, the committee submits its conclusions to the assembly and business continues according to the normal rules.

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Debate in parliamentary procedure refers to discussion on the merits of a pending question; that is, whether it should or should not be agreed to. It is also commonly referred to as "discussion".

In parliamentary procedure, using Robert's Rules of Order Newly Revised (RONR), the motion to consider by paragraph is used to consider separately the different parts of a report or long motion consisting of a series of resolutions, paragraphs, articles, or sections that are not totally separate questions.

<i>Erskine May: Parliamentary Practice</i>

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References

  1. Petyt, George. Lex Parliamentaria. p. 169.
  2. Robert, Henry M.; et al. (2011). Robert's Rules of Order Newly Revised (11th ed.). Philadelphia, PA: Da Capo Press. p. 270. ISBN   978-0-306-82020-5.
  3. Robert 2011 , pp. 275–276
  4. Robert 2011 , pp. 274–275
  5. May, Erskine (1989). Erskine May: Parliamentary Practice (21st ed.). Butterworths. pp. 335–6. ISBN   0-406-11471-4.
  6. Rules of Procedure of the European Parliament (WebCite Archive)
  7. Robert 2011 , p. 278
  8. Robert 2011 , p. 280