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| | | | “the subject of a recall referendum where— |
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| | | (a) | a notice of intent to recall, signed by a number of persons not less than |
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| | | the effective number (5% of persons in member’s parliamentary |
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| | | constituency entitled to vote), in accordance with [section ...] of this Act, |
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| | | has been deposited with a petition officer, and |
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| | | (b) | 20% of persons entitled to vote have then validly signed a recall petition |
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| | | in accordance with [section ...] of this Act. |
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| | | (3) | In this Act “recall petition” means a petition calling, in terms determined under |
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| | | section 9(4), for a member to be subject to a recall referendum. |
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| | | (4) | The member’s seat becomes vacant and a by-election held where, in accordance |
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| | | with section 15 of this Act, the majority of people who have voted in a recall |
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| | | referendum, vote in favour of the member being recalled from Parliament. |
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| | | (5) | The provision made by or under this Act does not affect other ways in which a |
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| | | Member’s seat may be vacated.”. |
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| | | Member’s explanatory statement
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| | | This amendment changes the Bill to remove the proposed conditions of recall on the grounds of |
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| | | imprisonment or suspension by the House to the decision making of constituency voters. It sets out |
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| | | the essential three stages - notice of intent to recall (5% of voters), recall petition (20% of voters) |
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| | | and then a referendum. Only if all three stages are passed is there a by-election. |
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| Clause 1, page 1, line 4, leave out “or second” and insert “, second, or third” |
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| | | Member’s explanatory statement
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| | | Amendments 42 and 43 and NC6 and NC7 form part of a group of amendments and new clauses |
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| | | which provides a route for recall for members of the public independent of any parliamentary |
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| | | committee, or criminal convictions. It allows for an alternative and additional trigger for the recall |
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| | | process which provides direct access whereby one hundred constituents may petition an Electoral |
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| | | Court in the case of improper behaviour or gross dereliction of duty on the part of an MP, and |
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| | | seeks to avoid any conflict with the provisions of the Bill of Rights. |
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| | | Clause 1, page 1, line 4, after “second”, insert “or third.” |
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| Clause 1, page 1, line 10, at end insert— |
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| | | “(2A) | No action shall be initiated against an MP in relation to a recall petition process |
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| | | on the basis, or as a result of votes cast, speeches made or any text submitted for |
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| | | tabling by such an MP, within, or as a part of, a parliamentary proceeding.” |
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| | | Clause 1, page 1, line 16, at end insert “or, |
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| | | (c) | the MP has been convicted of any offence under section 10 (Offence of |
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| | | providing false or misleading information for allowance claims) of the |
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| | | Parliamentary Standards Act 2009.” |
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| | | |
| | | Clause 1, page 1, line 18, leave out “orders” and insert “has ordered.” |
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| | | |
| | | Clause 1, page 1, line 18, leave out subsection (4) and insert— |
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| | | “(4) | The second recall condition is that the House of Commons orders the suspension |
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| | | of the MP from the service of the House for a specified period and— |
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| | | (a) | where the period is expressed as a number of sitting days, the period |
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| | | specified is a period of at least 10 sitting days, or |
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| | | (b) | in any other case, the period specified (however expressed) is a period of |
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| | | Clause 1, page 1, line 24, at end insert— |
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| | | “( ) | The third recall condition is that— |
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| | | (a) | an election court has considered a petition claiming that the MP has |
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| | | committed an act which, had it been committed in England and Wales, |
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| | | would have constituted misconduct in public office, and |
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| | | (b) | the court has determined, prima facie, there is a case to be answered, and |
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| | | (c) | the court has notified the Speaker of its decision under sub-section (b).” |
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| | | Member’s explanatory statement
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| | | Amendments 42 and 43 and NC6 and NC7 form part of a group of amendments and new clauses |
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| | | which provides a route for recall for members of the public independent of any parliamentary |
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| | | committee, or criminal convictions. It allows for an alternative and additional trigger for the recall |
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| | | process which provides direct access whereby one hundred constituents may petition an Electoral |
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| | | Court in the case of improper behaviour or gross dereliction of duty on the part of an MP, and |
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| | | seeks to avoid any conflict with the provisions of the Bill of Rights. |
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| | | Clause 1, page 2, line 2, after “starts”, insert “or started” |
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| | | Clause 1, page 2, line 5, at end insert— |
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| | | “(5A) | The third recall condition is where an MP is also— |
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| | | (a) | a Member of Scottish Parliament, |
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| | | (b) | a Member of the National Assembly for Wales, |
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| | | (c) | a Member of the Northern Ireland Legislative Assembly, |
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| | | (d) | a Member of the London Assembly, |
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| | | (e) | a directly elected Mayor, |
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| | | (f) | a local government Councillor, |
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| | | (g) | a member of a Parish Council, or |
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| | | (h) | a member of the European Parliament |
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| | | | and the Speaker receives or otherwise takes notice of the fact that that |
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| | | such an MP has been suspended from a role mentioned in this subsection |
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| | | for a period equivalent to, or greater than, that specified in subsection (4). |
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| | | (5B) | The Secretary of State may amend the list of bodies in subsection 5A by an order |
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| | | laid before the House of Commons and made under the affirmative resolution |
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| | | Clause 2, page 2, line 16, leave out paragraph (b) |
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