Page 424 - Week 02 - Wednesday, 24 February 1993
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MADAM SPEAKER: No, that is right, Mr Berry, but it is not that standing order that is the problem. The standing order that is the problem is 154, which says:
Members shall vote in accordance with their voices ... and their votes shall be so recorded.
I queried Mr Moore because I was not sure which way he voted. He is obliged, as he has admitted, to follow through from his voice vote to the recorded vote, in which case it is my duty to direct the Clerk to change the roll call vote to an Aye. The two have to be consistent.
Ms Follett: Madam Speaker, under standing order 165, I submit to you that there is confusion. I heard Mr Moore say that he was confused. Under the same standing order, Madam Speaker, I take it that your ruling is that Mr Moore's admitted error cannot be corrected otherwise. I therefore put it to you that under standing order 165 the Assembly should proceed to another vote.
MADAM SPEAKER: Ms Follett, the committed error was not in the roll call; it was under standing order 154.
Mr Connolly: On a point of order, Madam Speaker: On that ruling, it is very common practice in this place, when a less contentious matter than this is being dealt with, for the vote on the voices to be carried with perhaps two people muttering yes and one person muttering no. If that resulted in a vote, the ruling which you say cannot be corrected would mean, on a strict ruling, that as people said nothing they would have to give an absent vote. It cannot mean, when there has been a genuine error, when a person muttered a yes but meant a no, that the vote cannot be corrected.
MADAM SPEAKER: We are dealing with two standing orders at the same time. I will ask my Clerk about standing order 165.
Members, the vote will be altered, unless the Assembly chooses to rescind that ruling. We will now proceed with the calling of that vote.
Mr Humphries: Which vote are we calling, Madam Speaker?
MADAM SPEAKER: I have changed Mr Moore's No to an Aye, in accordance with his voice, and it is that that I am about to call the result on. I changed Mr Moore's vote, in accordance with his voice, to an Aye. The vote on the question that the Bill be agreed to in principle has been resolved in the negative, with the Ayes 8 and the Noes 9.
The result of the vote was thereupon declared as follows -
AYES, 8 NOES, 9
Mrs Carnell Mr Berry
Mr Cornwell Mr Connolly
Mr De Domenico Ms Ellis
Mr Humphries Ms Follett
Mr Kaine Mrs Grassby
Mr Moore Mr Lamont
Mr Stevenson Ms McRae
Mr Westende Ms Szuty
Mr Wood
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