Session 2014 - 15
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Other Bills before Parliament


 
 

Committee of the whole House: 27 October 2014            

620

 

Recall of MP, continued

 
 

Zac Goldsmith

 

Mr David Davis

 

Anne Marie Morris

 

Mr Andrew Mitchell

 

Kate Hoey

 

Douglas Carswell

 

Jacob Rees-Mogg

 

Nick de Bois

 

Mr Frank Field

 

Katy Clark

 

Jim Fitzpatrick

 

Jonathan Edwards

 

Caroline Lucas

 

Mark Durkan

 

Adam Afriyie

 

Mr David Anderson

 

Steve Baker

 

Guto Bebb

 

Richard Benyon

 

Mr Peter Bone

 

Sir Peter Bottomley

 

Angie Bray

 

Andrew Bridgen

 

Mr David Burrowes

 

Alistair Burt

 

Dan Byles

 

Neil Carmichael

 

Martin Caton

 

Glyn Davies

 

Nadine Dorries

 

Natascha Engel

 

Mr Nigel Evans

 

Mark Field

 

Paul Flynn

 

Richard Fuller

 

Mr George Galloway

 

Mrs Mary Glindon

 

Mr Mike Hancock

 

Simon Hart

 

Chris Heaton-Harris

 

Mr Philip Hollobone

 

Mr Adam Holloway

 

Mr Bernard Jenkin

 

Mr David Jones

 

Chris Kelly

 

Mr David Lammy

 

Jeremy Lefroy

 

Charlotte Leslie

 

Fiona Mactaggart

 

Mrs Anne Main

 

John Mann

 

Jason McCartney

 

Dr Alasdair McDonnell

 

John McDonnell

 

Mr Michael Meacher

 

Nigel Mills

 

Mr David Nuttall

 

Albert Owen

 

Mr Dominic Raab

 

Ms Margaret Ritchie

 

Henry Smith

 

Mrs Caroline Spelman

 

Andrew Stephenson

 

Mr Graham Stuart

 

Martin Vickers

 

Mike Weatherley

 

Mr Mike Weir

 

Chris White

 

Craig Whittaker

 

Bill Wiggin

 

Roger Williams

 

Dr Sarah Wollaston

 

Margaret Hodge

 

5

 

Page  4,  line  10,  leave out Clause 5.

 



 
 

Committee of the whole House: 27 October 2014            

621

 

Recall of MP, continued

 
 

New Clauses and New Schedules relating to how an MP becomes Subject to

 

a recall Petition Process

 

Zac Goldsmith

 

Mr David Davis

 

Anne Marie Morris

 

Mr Andrew Mitchell

 

Kate Hoey

 

Douglas Carswell

 

Jacob Rees-Mogg

 

Nick de Bois

 

Mr Frank Field

 

Katy Clark

 

Jim Fitzpatrick

 

Jonathan Edwards

 

Caroline Lucas

 

Mark Durkan

 

Adam Afriyie

 

Mr David Anderson

 

Steve Baker

 

Guto Bebb

 

Richard Benyon

 

Mr Peter Bone

 

Sir Peter Bottomley

 

Angie Bray

 

Andrew Bridgen

 

Mr David Burrowes

 

Alistair Burt

 

Dan Byles

 

Neil Carmichael

 

Martin Caton

 

Glyn Davies

 

Nadine Dorries

 

Natascha Engel

 

Mr Nigel Evans

 

Mark Field

 

Paul Flynn

 

Richard Fuller

 

Mr George Galloway

 

Mrs Mary Glindon

 

Mr Mike Hancock

 

Simon Hart

 

Chris Heaton-Harris

 

Mr Philip Hollobone

 

Mr Adam Holloway

 

Mr Bernard Jenkin

 

Mr David Jones

 

Chris Kelly

 

Mr David Lammy

 

Jeremy Lefroy

 

Charlotte Leslie

 

Fiona Mactaggart

 

Mrs Anne Main

 

John Mann

 

Jason McCartney

 

Dr Alasdair McDonnell

 

John McDonnell

 

Mr Michael Meacher

 

Nigel Mills

 

Mr David Nuttall

 

Albert Owen

 

Mr Dominic Raab

 

Ms Margaret Ritchie

 

Henry Smith

 

Mrs Caroline Spelman

 

Andrew Stephenson

 

Mr Graham Stuart

 

Martin Vickers

 

Mike Weatherley

 

Mr Mike Weir

 

Chris White

 

Craig Whittaker

 

Bill Wiggin

 

Roger Williams

 

Dr Sarah Wollaston

 

Margaret Hodge

 

NC1

 

To move the following Clause—

 

“Notice of intent to recall

 

(1)    

A notice of intent to recall is to read as follows—

 

“If you agree that [name], the member of the House of Commons for

 

[constituency] should be subject to a recall petition, please sign below”.

 

(2)    

A notice of intent may be deposited with the petition officer by a person who

 

promotes the call for the member to be recalled from Parliament (“the promoter”).

 

(3)    

A notice of intent to recall deposited under subsection (2) must be accompanied

 

by a declaration made by the promoter, verifying that to the best of that person‘s

 

knowledge the notice is in accordance with this Act and any regulations made

 

under it.

 

(4)    

A person who makes a declaration under subsection (3) where that person knows

 

that the declaration is false or is reckless as to that fact, commits an offence.

 

(5)    

As soon as reasonably practicable after a notice of intent to recall has been

 

deposited with the petition officer—

 

(a)    

the petition officer shall, in accordance with subsection (6) determine

 

whether the notice of intent to recall is effective, and

 

(b)    

if so, the petition officer shall send a copy of the notice to the member.

 

(6)    

A notice of intent to recall is effective for the purposes of this Act if the petition

 

officer is satisfied that the number of persons who have validly signed the notice


 
 

Committee of the whole House: 27 October 2014            

622

 

Recall of MP, continued

 
 

of intent to recall is not less than the effective number determined in accordance

 

with subsection (9).

 

(7)    

But subsection (5) shall not apply if it would require the petition officer to

 

determine that the notice of intent to recall is effective at a time—

 

(a)    

within the period of 7 months ending with the polling day for the next

 

parliamentary general election;

 

(b)    

when the MP is already subject to a recall petition process, or

 

(c)    

When the MP’s seat has already been vacated (whether by the MP’s

 

disqualification or death, or otherwise).

 

(8)    

For the purposes of this section a person (“P”) validly signs a notice of intent to

 

recall if—

 

(a)    

P signs the notice within the period commencing 28 days prior to the date

 

upon which the notice is deposited with the petition officer and ending on

 

that day, and

 

(b)    

P signs the notice on a day on which P would be entitled to vote as an

 

elector at a parliamentary election in the constituency.

 

(9)    

In each year, the petition officer of each constituency in England and Wales,

 

Scotland and Northern Ireland shall on the relevant day, determine the number

 

that is equal to 5% of the number of persons entitled to vote as an elector at a

 

parliamentary election in the constituency (“the effective number”).

 

(10)    

“The relevant day” for the purposes of subsection (9) means, the day on which the

 

registration officer publishes a revised version of the electoral register under

 

section 13 of the Representation of the People Act 1983.”.

 

Member’s explanatory statement

 

This New Clause adds in the process for notices of intent to recall; who is eligible to sign such a

 

notice and how the petition officer is to determine whether it is effective, leading on then to a recall

 

petition notice being issued.

 



 
 

Committee of the whole House: 27 October 2014            

623

 

Recall of MP, continued

 
 

Anne Marie-Morris

 

Zac Goldsmith

 

Mr David Davis

 

Mr Andrew Mitchell

 

Kate Hoey

 

Douglas Carswell

 

Nick de Bois

 

Mr Frank Field

 

Katy Clark

 

Jim Fitzpatrick

 

Jonathan Edwards

 

Caroline Lucas

 

Mark Durkan

 

Adam Afriyie

 

Mr David Anderson

 

Steve Baker

 

Guto Bebb

 

Richard Benyon

 

Mr Peter Bone

 

Sir Peter Bottomley

 

Angie Bray

 

Andrew Bridgen

 

Mr David Burrowes

 

Alistair Burt

 

Dan Byles

 

Neil Carmichael

 

Martin Caton

 

Glyn Davies

 

Nadine Dorries

 

Natascha Engel

 

Mr Nigel Evans

 

Mark Field

 

Paul Flynn

 

Richard Fuller

 

Mr George Galloway

 

Mrs Mary Glindon

 

Mr Mike Hancock

 

Simon Hart

 

Chris Heaton-Harris

 

Mr Phillip Hollobone

 

Mr Adam Holloway

 

Mr Bernard Jenkin

 

Mr David Jones

 

Chris Kelly

 

Mr David Lammy

 

Jeremy Lefroy

 

Charlotte Leslie

 

Fiona Mactaggart

 

Mrs Anne Main

 

John Mann

 

Jason McCartney

 

John McDonnell

 

Mr Michael Meacher

 

Nigel Mills

 

Mr David Nuttall

 

Albert Owen

 

Mr Dominic Raab

 

Ms Margaret Ritchie

 

Henry Smith

 

Andrew Stephenson

 

Mr Graham Stuart

 

Martin Vickers

 

Mike Weatherley

 

Mr Mike Weir

 

Chris White

 

Craig Whittaker

 

Bill Wiggin

 

Roger Williams

 

Dr Sarah Wollaston

 

Jacob Rees-Mogg

 

Margaret Hodge

 

NC2

 

To move the following Clause—

 

“Promoter’s statement of reason and Member’s statement in reply

 

(1)    

A notice of intent to recall may be deposited with a petition officer by a person

 

(“the promoter”):

 

(a)    

who promotes the recall from Parliament of the member to whom the

5

notice relates;

 

(b)    

who is entitled to vote on the day it is deposited as an elector at a

 

parliamentary election in the constituency to which the notice relates; and

 

(c)    

whose name appears on the notice.

 

(2)    

The promoter must ensure that the signing sheet for a notice of intent to recall

10

includes a statement of reasons for calling for the member’s recall to Parliament

 

(“The promoter’s statement of reasons”).

 

(3)    

The member may respond to the statement of reasons in a written statement in

 

reply (“member’s statement in reply”) sent to the petition officer after the notice

 

of intent to recall has been deposited with that officer.

15

(4)    

The notice of petition sent out under section 8(1) must be accompanied by—

 

(a)    

the promoter’s statement of reasons, and

 

(b)    

any statement in reply if provided to the petition officer within 2 working

 

days of the notices being sent out.

 

(5)    

The statement of reason and any statement in reply must not exceed 200 words

20

each and must be made available by the petition officer at the designated places

 

throughout the signing period.”

 

Member’s explanatory statement

 

This amendment makes provision for the person who deposits the notice of intent to recall with the


 
 

Committee of the whole House: 27 October 2014            

624

 

Recall of MP, continued

 
 

petition officer, known as the promoter, to include with the notice, a statement of reasons. The

 

member then has a right of reply and both the statement of reasons and any statement in reply must

 

be available with a recall petition throughout the signing period.

 

As an Amendment to Anne Marie-Morris’s proposed New Clause (Promoter’s

 

statement of reason and Member’s statement in reply) (NC2):—

 

Sir James Paice

 

(a)

 

Line  11,  at end insert—

 

“(a)    

the statement of reasons shall not include reasons relating to the

 

Member’s freedom of expression within his/her Parliamentary role such

 

as those expressed through speeches and votes.

 

(b)    

Where the petition officer considers that a statement may contravene (a)

 

he may refer the statement to the Speaker whose decision shall be final.”

 

Member’s explanatory statement

 

To ensure that recall procedure is not commenced because a constituent does not agree with the

 

Member’s political or personal views.

 


 

Mr David Heath

 

Dr Julian Huppert

 

John Hemming

 

Mike Freer

 

Mr Clive Betts

 

Mr Ben Bradshaw

 

Henry Smith

 

NC6

 

Parliamentary Star - white    

To move the following Clause—

 

“The third recall condition; method of petitioning an election court

 

(1)    

This section applies when persons allege conduct by an MP which constitutes

 

misconduct in public office.

 

(2)    

A petition under this section may be presented by one hundred or more of those

 

who are registered as electors in the relevant constituency.

 

(3)    

The petition shall be in the prescribed form, state the prescribed matters and be

 

signed by the petitioners, and shall be presented to the High Court, or to the Court

 

of Session, or to the High Court of Northern Ireland, depending on whether the

 

constituency to which it relates is in England and Wales, or Northern Ireland.

 

(4)    

The petition shall be presented by delivering it to the prescribed officer or

 

otherwise dealing with it in the prescribed manner; and the prescribed officer

 

shall send a copy of it forthwith to the Speaker and to the relevant MP.

 

(5)    

The election court shall be constituted as if it were constituted under section c123

 

(constitution of election court and place of trial) of the Representation of the

 

People Act 1983 and sections 124 and 126 of that Act shall apply as if it were so

 

constituted.


 
 

Committee of the whole House: 27 October 2014            

625

 

Recall of MP, continued

 
 

(6)    

“Prescribed” has the same meaning as in section 185 (Interpretation of Part III)

 

of the Representation of the People Act 1983.”

 


 

Mr David Heath

 

Dr Julian Huppert

 

John Hemming

 

Mike Freer

 

Mr Clive Betts

 

Mr Ben Bradshaw

 

Henry Smith

 

NC7

 

Parliamentary Star - white    

To move the following Clause—

 

“The third recall condition; consideration by election court

 

(1)    

This section applies when a petition alleging conduct by an MP which constitutes

 

misconduct in public office is considered by an election court under section (The

 

third recall condition: method of petitioning an election court).

 

(2)    

The court may consider such conduct whether or not it is committed in England

 

and Wales, and whether or not it is committed directly in carrying out the office

 

of member of parliament.

 

(3)    

The court must examine evidence adduced of misconduct, and any evidence

 

produced in rebuttal by the MP.

 

(4)    

The court must consider whether, on the basis of such evidence, a person might

 

properly be indicted for the common law offence of misconduct in public office.

 

(5)    

For the purposes of this section, gross dereliction of duty as an MP may be

 

considered misconduct in public office.

 

(6)    

If the court considers, on the basis of such evidence, that the allegation of

 

misconduct is—

 

(a)    

not supported by the evidence; or

 

(b)    

trivial or vexatious in nature; or

 

(c)    

brought for party political purposes;

 

    

then the court must dismiss the petition.

 

(7)    

If the decision of the court is that the alleged behaviour is such as to satisfy

 

subsection (4), then it must notify the Speaker that it has so determined.

 

(8)    

Nothing in this section shall be contrued as affecting any provision of the Bill of

 

Rights 1689.”

 

Member’s explanatory statement

 

Amendments 42 and 43 and NC6 and NC7 form part of a group of amendments and new clauses

 

which provides a route for recall for members of the public independent of any parliamentary

 

committee, or criminal convictions. It allows for an alternative and additional trigger for the recall

 

process which provides direct access whereby one hundred constituents may petition an Electoral

 

Court in the case of improper behaviour or gross dereliction of duty on the part of an MP, and

 

seeks to avoid any conflict with the provisions of the Bill of Rights.

 



 
 

Committee of the whole House: 27 October 2014            

626

 

Recall of MP, continued

 
 

Zac Goldsmith

 

Mr David Davis

 

Anne Marie Morris

 

Mr Andrew Mitchell

 

Kate Hoey

 

Douglas Carswell

 

Jacob Rees-Mogg

 

Nick de Bois

 

Mr Frank Field

 

Katy Clark

 

Jim Fitzpatrick

 

Jonathan Edwards

 

Caroline Lucas

 

Mark Durkan

 

Adam Afriyie

 

Mr David Anderson

 

Steve Baker

 

Guto Bebb

 

Richard Benyon

 

Mr Peter Bone

 

Sir Peter Bottomley

 

Angie Bray

 

Andrew Bridgen

 

Mr David Burrowes

 

Alistair Burt

 

Dan Byles

 

Neil Carmichael

 

Martin Caton

 

Glyn Davies

 

Nadine Dorries

 

Natascha Engel

 

Mr Nigel Evans

 

Mark Field

 

Paul Flynn

 

Richard Fuller

 

Mr George Galloway

 

Mrs Mary Glindon

 

Mr Mike Hancock

 

Simon Hart

 

Chris Heaton-Harris

 

Mr Philip Hollobone

 

Mr Adam Holloway

 

Mr Bernard Jenkin

 

Mr David Jones

 

Chris Kelly

 

Mr David Lammy

 

Jeremy Lefroy

 

Charlotte Leslie

 

Fiona Mactaggart

 

Mrs Anne Main

 

John Mann

 

Jason McCartney

 

Dr Alasdair McDonnell

 

John McDonnell

 

Mr Michael Meacher

 

Nigel Mills

 

Mr David Nuttall

 

Albert Owen

 

Mr Dominic Raab

 

Ms Margaret Ritchie

 

Henry Smith

 

Mrs Caroline Spelman

 

Andrew Stephenson

 

Mr Graham Stuart

 

Martin Vickers

 

Mike Weatherley

 

Mr Mike Weir

 

Chris White

 

Craig Whittaker

 

Bill Wiggin

 

Roger Williams

 

Dr Sarah Wollaston

 

Margaret Hodge

 

34

 

Schedule  1,  page  17,  line  6,  leave out from “effectually” to end of paragraph 1 and

 

insert “carrying out the functions under this Act and Regulations made under it in relation

 

to notices of intent to recall, recall petitions and recall referendums”

 

Member’s explanatory statement

 

This amendment extends the general duty on the petition officer to reflect the addition of the notice

 

of intent to recall and referendum stages to the Bill.

 



 
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