HC Deb 27 January 1954 vol 522 cc1750-2
Mr. Follick

Mr. Speaker, I beg to ask a question of which I have given Private Notice with respect to an incident which occurred last night and by means of which I was robbed of a vote. This was brought about by a mistake on the mechanical device known as the annunciator.

I was paired from 6.15 to 7.45 p.m. with an hon. Member on the Government side, and when the Division bell went the annunciator marked the time of the Division as 7.44. I consulted the Government Whips about whether I had the right to vote. I was not sure whether the time in question was when the Division was called or when the vote was cast. The Government Whips, kindly and helpfully, told me that, according to the rules of the House, I had to take the time when the Division was called, but they said that as the margin was so very small, and on account of the circumstances, they would not mind if I voted, as long as I went into their Lobby.

As that was a very high price to pay, I preferred to remain an honourable man, to keep to my pact and not to vote; but this morning, on consulting Hansard, I found that the Division was called, not at 7.44, but at 7.45, so that I had every right to vote. On account of the mistake on the annunciator, I did not vote. If the position had been reversed, and if the annunciator had advanced the time and I had voted, I should have got into serious trouble with hon. Members opposite by having voted when I should not have done. On this occasion the annunciator had a time earlier than it should have shown. Would you, Sir, kindly give us guidance on this matter?

Mr. Speaker

I am sure the whole House will sympathise with the hon. Member in the dilemma in which he was placed, but I must make it quite plain that agreements to pair are private agreements between hon. Members and are in no sense matters in which either I or the House can intervene. As the hon. Member said, in this case the margin in time seems to have been a very narrow one. I think I must advise him to make his peace with the hon. Member with whom he was paired. Certainly there is nothing we can do about it.

Mr. S. Silverman

Further to that point of order. May I submit, with respect, that the point of interest to the House is not the effect of the private arrangements which my hon. Friend made but the error on the annunciator which misled him into a misappreciation of what his position was?

Mr. Speaker

There seems to have been an error of a minute. I will certainly see whether anything can be done about it, but I think it is a very small error, and perhaps the House may feel disposed to follow the legal maxim, "de minimis non curat lex."

Sir I. Fraser

There is a relevant point for the House, if I might venture to submit it to you; can you annunciate—can you say—at what time a Division begins?

Mr. Speaker

A Division begins when the Question is put to the House.

Sir I. Fraser

Is that the time on the annunciator or the time when you say it?

Mr. Speaker

The time when I say it.