There is then a question mark over whether the Speaker would be entitled to use their casting vote to break the deadlock, or whether the Speaker's vote has already been spent. A deadlocked vote means the legislation is defeated in the house. Professor Lindell said the pairing proposal "breaches the spirit" of section 40 of the Constitution by giving the Speaker the right to have an MP with an opposing view abstain from parliamentary votes. Section 40 says the Speaker "shall not vote unless the numbers are equal, and then he shall have a casting vote".
Section 40 Voting in House of Representatives
Questions arising in the House of Representatives shall be determined by a majority of votes other than that of the Speaker. The Speaker shall not vote unless the numbers are equal, and then he shall have a casting vote.
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