Judges' Statements

Part of Oral Answers to Questions — Constitutional Affairs – in the House of Commons at 2:30 pm on 18 October 2005.

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Photo of Harriet Harman Harriet Harman Minister of State (Department of Constitutional Affairs), Member, Labour Party National Executive Committee 2:30, 18 October 2005

The way that the hon. Gentleman puts that is not right. I agree, of course, with his comments about the Lord Chief Justice. There is a great deal of practical working between the judiciary and the Government. For example, I quote the work of Dame Elizabeth Butler-Sloss, who, when president of the family Division, made many helpful contributions to the development of policy in relation to family proceedings, care proceedings involving children and domestic violence. Sir Igor Judge sits on the National Criminal Justice Board, together with criminal justice Ministers, the police and prosecutors. They work sensibly together. It is for the Government to propose legislation to the House, for the House to decide in its wisdom what to pass into legislation, and for judges, with the assistance of the Human Rights Act 1998 introduced by the Government, to make a decision on a case-by-case basis.

domestic violence

violence occurring within the family

division

The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.