Conscience vote

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A conscience vote or free vote is a type of vote in a legislative body where legislators are each expected to vote according to their own personal conscience rather than according to an official line set down by their political party.

In many liberal democracies, particularly those that follow the parliamentary system of government, the elected members of a legislature who belong to a political party are usually required by that party to vote in accordance with the the party line on significant legislation, on pain of censure or expulsion from the party. Sometimes a particular party member known as the whip is responsible for maintaining this party discipline. However, in the case of a conscience vote, a party declines to dictate an official party line to follow, and members may vote as they please. In countries where party discipline is less important, and voting against ones party is more common, conscience votes are generally less important.

Conscience votes are usually quite rare and are often about an issue which is very contentious, or a matter on which the members of any single party differ in their opinions, thus making it difficult for parties to formulate official policies . Usually, a conscience vote will be about religious, moral or ethical issues rather than about administrative or financial ones; matters such as the prohibition of alcohol, homosexual law reform and the legality of prostitution are often subject to conscience votes. In the British House of Commons there used to be a free vote (this, rather than "conscience vote", is the usual term in Britain) every few years on the restoration of the death penalty, abolished in 1964 (except for treason, for which it was abolished in the late 1990s), which was always rejected; this practice has now been abandoned. The proposed bans on hunting with dogs proposed by Tony Blair's government were the subject of several free votes in Parliament from 2001; on each occasion the Commons voted for a ban and the House of Lords rejected it.

In 2004 the government, trying to placate the Lords and other opponents of a ban, proposed only restriction and licensing of hunting, but anti-hunting MPs (mostly Labour backbenchers) forced through an amendment which would effect a total ban; seconds after the (also free) vote on the amendment, Alun Michael and the government finally bowed to pressure and agreed to force the ban through the Lords under the Parliament Act. It passed in November 2004.

Other decisions which were taken by a free vote include abandoning the experiment with permanent summer time and bringing television cameras into Parliament.

Sometimes a vote may be free for some parties but not for others. For instance, when the Conservative government of Canadian Prime Minister Stephen Harper proposed a motion to re-open the debate on Canada's same-sex marriage laws, his Conservatives and the opposition Liberals declared it a free vote for their members, while the Bloc Québécois and the New Democrats both maintained party discipline to defeat the measure.

Free votes are found in Canadian and some British legislative bodies, conscience votes in Australian and New Zealand legislative bodies. In the United States, almost all votes could be considered free votes to some degree, since parties exercise comparatively little control over the votes of individual legislators.

Australia - Free Votes allowed by ALP and Liberal Party - 1955 to 2002

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