Comparison of Divisions: Protection of freedom of expression (sexual orientation) — 9 Jan 2008 at 19:30 with Division No. 104 on 29 Apr 2009 at 15:49
(Swap the two divisions around).
The majority voted against including a freedom of speech clause into Part III (racial hatred) of the Public Order Act 1986,[1][2] which would have said:
Nothing in this Part shall be read or given effect in a way which prohibits or restricts discussion of, criticism of or expressions of antipathy towards, conduct relating to a particular sexual orientation, or urging persons of a particular sexual orientation to refrain from or modify conduct related to that orientation.
The precise implementation of this motion, had it been passed, would have been to insert a new section 13A into schedule 22 of the Criminal Justice and Immigration Bill[3] that, when enforced, would have inserted a new section 29JA into the part of the Public Order Act 1986 which had been heavily amended by the Racial and Religious Hatred Act 2006.[4]
There doesn't appear to be an up to date version of the Public Order Act 1986 which is anywhere accessible to the public.
The majority of MPs voted in favour of the motion:[1]
-
This House
-
regrets the Government's recent statement[2] outlining the eligibility criteria for Gurkhas to reside in the United Kingdom;
-
recognises the contribution the Gurkhas have made to the safety and freedom of the United Kingdom for the past 200 years;
-
notes that more Gurkhas have laid down their lives for the United Kingdom than are estimated to want to live here;
-
believes that Gurkhas who retired before 1997 should be treated fairly and in the same way as those who have retired since;
-
is concerned that the Government's new guidelines will permit only a small minority of Gurkhas and their families to settle whilst preventing the vast majority;
-
further believes that people who are prepared to fight and die for the United Kingdom should be entitled to live in the country; and
-
calls upon the Government to withdraw its new guidelines immediately and bring forward revised proposals that extend an equal right of residence to all Gurkhas.
As a consequence, the alternative Government motion, which read:[3]
-
This House
-
recognises that this Government is the only one since the Second World War to allow Gurkhas and their families settlement rights to the United Kingdom;
-
notes that in 2004 the Government permitted settlement rights to Gurkhas discharged since 1997, following the transfer of the Brigade HQ from Hong Kong to the United Kingdom;
-
further notes that under these rules around 6,000 Gurkhas and family members have been welcomed to the UK;
-
acknowledges that the court judgement of September 2008 determined that the 1997 cut-off date was fair and rational, while seeking clarification of the criteria for settlement rights for those who retired before 1997;
-
further notes that on 24 April the Government published new and more generous guidelines for the settlement applications of Gurkhas who retired before 1997;
-
supports this revised guidance, which will make around 10,000 Gurkhas and family members eligible to settle in the UK;
-
further notes that the Government undertakes actively to inform those who may be eligible in Nepal of these changes and to review the impact of the new guidance within 12 months;
-
further notes that the contribution Gurkhas have made is already recognised by pensions paid to around 25,000 Gurkhas or their widows in Nepal that allow for a good standard of living there; and
-
further notes that in the year 2000 Gurkha pensions were doubled and that, earlier in April 2009, in addition to an inflationary uplift of 14 per cent., those over 80 years old received a 20 per cent. increase in their pension.
... was never voted upon.
Although this extremely rare Government defeat in an opposition day motion is not binding (has no legal force)[4] a Government minister made a statement later in the day to bring "forward the date for the determination of the outstanding applications to the end of May."[5]
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MPs for which their vote on Motion (a) differed from their vote on Motion (b).
You can also see just opposite votes
between these two divisions,
or simply all the votes.
Sort by: Name | Constituency | Party | Vote (a) | Vote (b)
Name | Constituency | Party | Vote (a) | Vote (b) |
Mark Tami | Alyn and Deeside | Lab (minister) | absent |
no |
Judy Mallaber | Amber Valley | Lab (minister) | no |
absent |
Michael Weir | Angus | SNP (front bench) | absent |
aye |
Alan Reid | Argyll and Bute | LDem (front bench) | no |
tellaye |
Geoff Hoon | Ashfield | Lab (minister) | no |
absent |
David Heyes | Ashton-under-Lyne | Lab (minister) | no |
absent |
Michael Clapham | Barnsley West and Penistone | Lab (minister) | no |
absent |
John Mann | Bassetlaw | Lab (minister) | no |
absent |
Don Foster | Bath | LDem (front bench) | no |
aye |
Mike Wood | Batley and Spen | Lab | absent |
aye |
Martin Linton | Battersea | Lab | no |
absent |
Patrick Hall | Bedford | Lab (minister) | no |
absent |
Peter Robinson | Belfast East | DUP | absent |
aye |
Alasdair McDonnell | Belfast South | SDLP (front bench) | absent |
aye |
Michael Moore | Berwickshire, Roxburgh and Selkirk | LDem (front bench) | no |
aye |
Gregory Barker | Bexhill and Battle | Con (front bench) | absent |
aye |
John Baron | Billericay | Con (front bench) | absent |
aye |
Gisela Stuart | Birmingham, Edgbaston | Lab (minister) | no |
absent |
Richard Burden | Birmingham, Northfield | Lab (minister) | no |
absent |
Khalid Mahmood | Birmingham, Perry Barr | Lab | no |
absent |
Lynne Jones | Birmingham, Selly Oak | Lab (minister) | no |
absent |
Roger Godsiff | Birmingham, Sparkbrook and Small Heath | Lab | aye |
absent |
John Hemming | Birmingham, Yardley | LDem (front bench) | no |
aye |
Joan Humble | Blackpool North and Fleetwood | Lab (minister) | no |
aye |
Gordon Marsden | Blackpool South | Lab (minister) | no |
aye |
Dai Davies | Blaenau Gwent | Independent | no |
aye |
Ronnie Campbell | Blyth Valley | Lab | aye |
absent |
Nick Gibb | Bognor Regis and Littlehampton | Con (front bench) | absent |
aye |
Joe Benton | Bootle | Lab (minister) | aye |
no |
John Butterfill | Bournemouth West | Con (front bench) | aye |
absent |
Roger Williams | Brecon and Radnorshire | LDem (front bench) | no |
absent |
Sarah Teather | Brent East | LDem (front bench) | no |
aye |
Dawn Butler | Brent South | Lab (minister) | absent |
no |
Ann Keen | Brentford and Isleworth | Lab (minister) | absent |
no |
Madeleine Moon | Bridgend | Lab (minister) | absent |
no |
Ian Cawsey | Brigg and Goole | Lab (minister) | no |
aye |
Stephen Williams | Bristol West | LDem (front bench) | no |
aye |
Julie Kirkbride | Bromsgrove | Con (front bench) | aye |
absent |
Nick Palmer | Broxtowe | Lab (minister) | no |
aye |
John Bercow | Buckingham | whilst Con (front bench) | no |
aye |
Kitty Ussher | Burnley | Lab (minister) | absent |
no |
Ivan Lewis | Bury South | Lab (minister) | no |
absent |
David Ruffley | Bury St Edmunds | Con (front bench) | absent |
aye |
Hywel Williams | Caernarfon | PC (front bench) | absent |
aye |
John Thurso | Caithness, Sutherland and Easter Ross | LDem (front bench) | no |
aye |
Chris McCafferty | Calder Valley | Lab | no |
absent |
David Howarth | Cambridge | LDem (front bench) | no |
aye |
Jennifer Willott | Cardiff Central | LDem (front bench) | no |
aye |
Julie Morgan | Cardiff North | Lab (minister) | no |
aye |
Eric Martlew | Carlisle | Lab (minister) | absent |
no |
Adam Price | Carmarthen East and Dinefwr | PC (front bench) | no |
aye |
Tom Brake | Carshalton and Wallington | LDem (front bench) | no |
aye |
Bob Spink | Castle Point | whilst Con (front bench) | aye |
absent |
Bob Spink | Castle Point | whilst Independent (front bench) | absent |
aye |
Mark Williams | Ceredigion | LDem (front bench) | no |
aye |
Stephen Dorrell | Charnwood | Con (front bench) | absent |
aye |
Mark Hunter | Cheadle | LDem | no |
aye |
Martin Horwood | Cheltenham | LDem (front bench) | absent |
aye |
Paul Holmes | Chesterfield | LDem | no |
aye |
Lindsay Hoyle | Chorley | Lab (minister) | no |
absent |
Shona McIsaac | Cleethorpes | Lab | no |
aye |
Martyn Jones | Clwyd South | Lab (minister) | no |
absent |
Bob Russell | Colchester | LDem (front bench) | no |
aye |
Betty Williams | Conwy | Lab | no |
absent |
Jamie Reed | Copeland | Lab (minister) | no |
absent |
Phil Hope | Corby | Lab (minister) | absent |
no |
Geoffrey Robinson | Coventry North West | Lab | aye |
no |
Edward Timpson | Crewe and Nantwich | Con | absent |
aye |
Andrew Pelling | Croydon Central | whilst Independent (front bench) | absent |
aye |
Richard Ottaway | Croydon South | Con (front bench) | absent |
aye |
Rosemary McKenna | Cumbernauld, Kilsyth and Kirkintilloch East | Lab (minister) | absent |
no |
Jon Cruddas | Dagenham | Lab | no |
absent |
Howard Stoate | Dartford | Lab (minister) | absent |
no |
Tim Boswell | Daventry | Con (front bench) | aye |
absent |
Ed Miliband | Doncaster North | Lab (minister) | no |
absent |
Willie Rennie | Dunfermline and West Fife | LDem (front bench) | no |
aye |
Steve Pound | Ealing North | Lab (minister) | absent |
aye |
Virendra Sharma | Ealing, Southall | Lab (minister) | absent |
no |
Jo Swinson | East Dunbartonshire | LDem (front bench) | no |
absent |
Michael Mates | East Hampshire | Con (front bench) | aye |
absent |
Anne Moffat | East Lothian | Lab (minister) | no |
absent |
Nigel Waterson | Eastbourne | Con (front bench) | absent |
aye |
Christopher Huhne | Eastleigh | LDem (front bench) | no |
aye |
Ian Stewart | Eccles | Lab (minister) | absent |
no |
Gavin Strang | Edinburgh East | Lab (minister) | no |
absent |
Alistair Darling | Edinburgh South West | Lab (minister) | absent |
no |
John Barrett | Edinburgh West | LDem (front bench) | absent |
aye |
Colin Burgon | Elmet | Lab | no |
absent |
Clive Efford | Eltham | Lab (minister) | absent |
no |
Joan Ryan | Enfield North | Lab (minister) | absent |
no |
John Austin | Erith and Thamesmead | Lab (minister) | no |
absent |
Julia Goldsworthy | Falmouth and Camborne | LDem (front bench) | absent |
aye |
Rudi Vis | Finchley and Golders Green | Lab | no |
absent |
Michael Jack | Fylde | Con (front bench) | aye |
absent |
Mohammad Sarwar | Glasgow Central | Lab (minister) | absent |
no |
John Mason | Glasgow East | SNP | absent |
aye |
Lindsay Roy | Glenrothes | Lab | absent |
no |
Malcolm Bruce | Gordon | LDem (front bench) | no |
aye |
Peter Viggers | Gosport | Con (front bench) | absent |
aye |
Martin Caton | Gower | Lab (minister) | no |
absent |
Anthony D Wright | Great Yarmouth | Lab (minister) | no |
absent |
Nick Raynsford | Greenwich and Woolwich | Lab | no |
aye |
Diane Abbott | Hackney North and Stoke Newington | Lab | no |
aye |
Meg Hillier | Hackney South and Shoreditch | Lab (minister) | no |
absent |
Linda Riordan | Halifax | Lab (minister) | absent |
aye |
David Davis | Haltemprice and Howden | Con (front bench) | aye |
absent |
Glenda Jackson | Hampstead and Highgate | Lab | no |
aye |
Bill Rammell | Harlow | Lab (minister) | no |
absent |
Phil Willis | Harrogate and Knaresborough | LDem (front bench) | no |
aye |
Tony McNulty | Harrow East | Lab (minister) | absent |
no |
Douglas Carswell | Harwich | Con (front bench) | absent |
aye |
John Martin McDonnell | Hayes and Harlington | Lab | no |
aye |
Andrew Stunell | Hazel Grove | LDem | no |
aye |
John Howell | Henley | Con | absent |
aye |
Paul Keetch | Hereford | LDem (front bench) | no |
absent |
James Clappison | Hertsmere | Con (front bench) | aye |
absent |
Jim Dobbin | Heywood and Middleton | Lab (minister) | tellaye |
absent |
Lynne Featherstone | Hornsey and Wood Green | LDem | no |
aye |
Barry Sheerman | Huddersfield | Lab (minister) | absent |
no |
Greg Pope | Hyndburn | Lab (minister) | aye |
absent |
Danny Alexander | Inverness, Nairn, Badenoch and Strathspey | LDem (front bench) | no |
aye |
Jeremy Corbyn | Islington North | Lab | no |
aye |
Emily Thornberry | Islington South and Finsbury | Lab (minister) | absent |
no |
Don Touhig | Islwyn | Lab (minister) | absent |
no |
Edward Davey | Kingston and Surbiton | LDem (front bench) | no |
aye |
John Prescott | Kingston upon Hull East | Lab | no |
absent |
Gordon Brown | Kirkcaldy and Cowdenbeath | Lab (minister) | absent |
no |
George Howarth | Knowsley North and Sefton East | Lab (minister) | absent |
no |
Jeffrey M. Donaldson | Lagan Valley | DUP (front bench) | absent |
aye |
Jimmy Hood | Lanark and Hamilton East | Lab (minister) | no |
absent |
Hilary Benn | Leeds Central | Lab (minister) | no |
absent |
Keith Vaz | Leicester East | Lab (minister) | no |
aye |
Norman Baker | Lewes | LDem (front bench) | no |
aye |
Bridget Prentice | Lewisham East | Lab (minister) | no |
absent |
Harry Cohen | Leyton and Wanstead | Lab (minister) | no |
aye |
Michael Fabricant | Lichfield | Con (front bench) | no |
aye |
Peter Kilfoyle | Liverpool, Walton | Lab | aye |
absent |
Robert Wareing | Liverpool, West Derby | whilst Independent | absent |
aye |
Andy Reed | Loughborough | Lab (minister) | no |
aye |
Peter Tapsell | Louth and Horncastle | Con | absent |
aye |
Kelvin Hopkins | Luton North | Lab (minister) | no |
aye |
Margaret Moran | Luton South | Lab (minister) | absent |
no |
Nicholas Winterton | Macclesfield | Con (front bench) | absent |
aye |
John Whittingdale | Maldon and East Chelmsford | Con (front bench) | absent |
aye |
Gerald Kaufman | Manchester, Gorton | Lab (minister) | absent |
no |
John Leech | Manchester, Withington | LDem (front bench) | no |
aye |
Alan Meale | Mansfield | Lab | no |
absent |
Robert Marshall-Andrews | Medway | Lab | absent |
aye |
Elfyn Llwyd | Meirionnydd Nant Conwy | PC (front bench) | no |
aye |
Caroline Spelman | Meriden | Con (front bench) | absent |
aye |
Annette Brooke | Mid Dorset and North Poole | LDem (front bench) | no |
aye |
Peter Luff | Mid Worcestershire | Con (front bench) | aye |
absent |
Ashok Kumar | Middlesbrough South and East Cleveland | Lab (minister) | no |
absent |
Lembit Öpik | Montgomeryshire | LDem (front bench) | no |
absent |
Angus Robertson | Moray | SNP (front bench) | absent |
aye |
Geraldine Smith | Morecambe and Lunesdale | Lab (minister) | aye |
no |
Julian Lewis | New Forest East | Con (front bench) | absent |
aye |
Paul Farrelly | Newcastle-under-Lyme | Lab (minister) | no |
aye |
Paul Flynn | Newport West | Lab (minister) | aye |
absent |
Katy Clark | North Ayrshire and Arran | Lab (minister) | no |
absent |
Dan Rogerson | North Cornwall | LDem (front bench) | no |
tellaye |
Nick Harvey | North Devon | LDem (front bench) | no |
aye |
Robert Walter | North Dorset | Con | aye |
absent |
Sylvia Hermon | North Down | UUP (front bench) | absent |
aye |
Natascha Engel | North East Derbyshire | Lab (minister) | absent |
no |
Menzies Campbell | North East Fife | LDem | no |
aye |
James Arbuthnot | North East Hampshire | Con (front bench) | absent |
aye |
Oliver Heald | North East Hertfordshire | Con (front bench) | aye |
absent |
Norman Lamb | North Norfolk | LDem (front bench) | no |
aye |
Owen Paterson | North Shropshire | Con (front bench) | aye |
absent |
Simon Hughes | North Southwark and Bermondsey | LDem (front bench) | no |
aye |
Stephen Byers | North Tyneside | Lab | no |
absent |
Hilary Armstrong | North West Durham | Lab | absent |
no |
David Taylor | North West Leicestershire | Lab (minister) | aye |
both |
James Gray | North Wiltshire | Con (front bench) | aye |
absent |
Brian Binley | Northampton South | Con (front bench) | aye |
absent |
Steve Webb | Northavon | LDem (front bench) | absent |
aye |
Ian Gibson | Norwich North | Lab (minister) | no |
absent |
Alan Simpson | Nottingham South | Lab | no |
aye |
Derek Conway | Old Bexley and Sidcup | whilst Con (front bench) | aye |
absent |
Michael Meacher | Oldham West and Royton | Lab | no |
absent |
Alistair Carmichael | Orkney and Shetland | LDem (front bench) | no |
absent |
Andrew Smith | Oxford East | Lab | no |
aye |
Evan Harris | Oxford West and Abingdon | LDem (front bench) | no |
aye |
Douglas Alexander | Paisley and Renfrewshire South | Lab (minister) | absent |
no |
Pete Wishart | Perth and North Perthshire | SNP (front bench) | absent |
aye |
Kim Howells | Pontypridd | Lab (minister) | absent |
no |
Mike Hancock | Portsmouth South | LDem (front bench) | no |
absent |
Paul Truswell | Pudsey | Lab | no |
aye |
Martin Salter | Reading West | Lab (minister) | no |
absent |
Jacqui Smith | Redditch | Lab (minister) | absent |
no |
Crispin Blunt | Reigate | Con (front bench) | no |
aye |
Nigel Evans | Ribble Valley | Con | aye |
absent |
William Hague | Richmond (Yorks) | Con (front bench) | absent |
aye |
Susan Kramer | Richmond Park | LDem (front bench) | no |
aye |
Paul Rowen | Rochdale | LDem (front bench) | no |
absent |
Sandra Gidley | Romsey | LDem (front bench) | no |
absent |
Denis MacShane | Rotherham | Lab | no |
absent |
John Greenway | Ryedale | Con | aye |
absent |
Robert Key | Salisbury | Con (front bench) | no |
aye |
Richard Caborn | Sheffield Central | Lab | no |
absent |
Nick Clegg | Sheffield, Hallam | LDem (front bench) | absent |
aye |
Paddy Tipping | Sherwood | Lab (minister) | no |
absent |
David Curry | Skipton and Ripon | Con (front bench) | absent |
aye |
Douglas Hogg | Sleaford and North Hykeham | Con | absent |
aye |
Lorely Burt | Solihull | LDem (front bench) | no |
aye |
David Heath | Somerton and Frome | LDem (front bench) | no |
aye |
Jim Knight | South Dorset | Lab (minister) | absent |
no |
James Paice | South East Cambridgeshire | Con (front bench) | absent |
aye |
Richard Bacon | South Norfolk | Con (front bench) | absent |
aye |
David Miliband | South Shields | Lab (minister) | no |
absent |
Patrick Cormack | South Staffordshire | Con (front bench) | absent |
aye |
Anne Snelgrove | South Swindon | Lab (minister) | no |
absent |
Gary Streeter | South West Devon | Con (front bench) | absent |
aye |
Jeremy Hunt | South West Surrey | Con (front bench) | absent |
aye |
John Pugh | Southport | LDem (front bench) | absent |
aye |
David Wilshire | Spelthorne | Con (front bench) | aye |
absent |
Anne Main | St Albans | Con (front bench) | absent |
aye |
Shaun Woodward | St Helens South | Lab (minister) | no |
absent |
Andrew George | St Ives | LDem (front bench) | no |
aye |
Anne McGuire | Stirling | Lab (minister) | no |
absent |
Dari Taylor | Stockton South | Lab (minister) | absent |
no |
Mark Fisher | Stoke-on-Trent Central | Lab | no |
aye |
John Maples | Stratford-on-Avon | Con (front bench) | aye |
absent |
David Drew | Stroud | Lab (minister) | aye |
no |
Bill Etherington | Sunderland North | Lab | no |
absent |
Michael Gove | Surrey Heath | Con (front bench) | absent |
aye |
Paul Burstow | Sutton and Cheam | LDem (front bench) | no |
aye |
Siân James | Swansea East | Lab (minister) | no |
absent |
George Osborne | Tatton | Con (front bench) | absent |
aye |
Jeremy Browne | Taunton | LDem (front bench) | no |
aye |
Richard Younger-Ross | Teignbridge | LDem (front bench) | no |
aye |
Andrew MacKinlay | Thurrock | Lab (minister) | absent |
aye |
Adrian Sanders | Torbay | LDem (front bench) | no |
aye |
Matthew Taylor | Truro and St Austell | LDem | no |
aye |
Vincent Cable | Twickenham | LDem (front bench) | absent |
aye |
David Simpson | Upper Bann | DUP (front bench) | aye |
absent |
Mary Creagh | Wakefield | Lab (minister) | absent |
no |
Neil Gerrard | Walthamstow | Lab (minister) | no |
aye |
Ed Vaizey | Wantage | Con (front bench) | no |
aye |
Helen Southworth | Warrington South | Lab (minister) | absent |
no |
Claire Ward | Watford | Lab (minister) | absent |
tellno |
Mike Hall | Weaver Vale | Lab (minister) | no |
absent |
Grant Shapps | Welwyn Hatfield | Con (front bench) | absent |
aye |
Robert Smith | West Aberdeenshire and Kincardine | LDem (front bench) | no |
aye |
Adrian Bailey | West Bromwich West | Lab (minister) | no |
absent |
Simon Burns | West Chelmsford | Con (front bench) | absent |
aye |
Neil Turner | Wigan | Lab (minister) | no |
absent |
Adam Afriyie | Windsor | Con (front bench) | absent |
aye |
David Cameron | Witney | Con (front bench) | absent |
aye |
Humfrey Malins | Woking | Con (front bench) | aye |
absent |
Liam Fox | Woodspring | Con (front bench) | absent |
aye |
Richard Taylor | Wyre Forest | Independent (front bench) | no |
aye |
David Laws | Yeovil | LDem (front bench) | no |
aye |
The measure of similarity between these two divisions is a calculation
based on a comparison of their votes.
There were
646 MPs who could have voted in both of these divisions,
and 349 voted the same way, with 76 voting in opposite ways.
There were 49 MPs who didn't vote in either division,
and 172 who voted in only one of them.
We invert the vote on the second division if it makes the distance closer (since the meaning of
'Aye' and 'No' are often interchangeable depending on how the question was put).
In this case, they line up the same way.
An 's vote in in only one of the divisions contributes a factor of 0.2 to the distance.
The calculation runs as follows:
ratio =
[same-votes]
([same-votes] + [differing-votes] + 0.2x[abstain-in-one])
=
349
(349 + 76 + 0.2x172)
=
349
459.4
=
0.760
=
76.0 %.