House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

971

House of Commons

Notices of Amendments

given on

Wednesday 19 November 2014

For other Amendment(s) see the following page(s) of Supplement to Votes:

797

Consideration of Bill

Recall of MPs Bill, As Amended

Mr David Heath

Dr Julian Huppert

NC2

To move the following Clause—


“Recall condition: method of petitioning an election court

(1)
This section applies when persons allege conduct by an MP which constitutes

misconduct in the office of member of parliament.

(2)
A petition under this section may be presented if signed by at least five hundred

persons who are registered as electors in the constituency of the MP named in the

petition.

(3)
The petition shall be in the prescribed form, state the prescribed matters and be

signed by all 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 Scotland 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 MP therein named.

(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 were so

constituted.

(6)
“Prescribed” has the same meaning as in section 185 (Interpretation of Part III)

of the Representation of the People Act 1983.”

Member’s explanatory statement

This new Clause establishes a further recall condition or trigger, independent of Parliament or

criminal conviction, whereby five hundred or more constituents may petition an electoral court

alleging improper behaviour on the part of their MP.

Notices of Amendments:
972

, continued

Mr David Heath

Dr Julian Huppert

NC3

To move the following Clause—


“Recall condition: consideration by election court

(1)
This section applies when a petition alleging conduct by an MP which constitutes

misconduct in the office of member of parliament has been received by an

election court as properly presented under section (The third recall condition:

method of petitioning an election court).

(2)
The court may consider such conduct wherever it is committed, 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, it is reasonable

to believe that the MP has misconducted himself or herself, to such a degree as to

amount to an abuse of the public’s trust in the MP, without reasonable excuse or

justification.

(5)
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.

(6)
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.

(7)
Nothing in this section shall be construed as affecting any provision of the Bill

of Rights 1689.”

Member’s explanatory statement

This new Clause establishes the process by which constituents’ allegations of improper behaviour

by an MP may be considered and adjudged. It provides for fair and due process and seeks to avoid

conflict with the provisions of the Bill of Rights.

Mr David Heath

Dr Julian Huppert

Clause  1,  page  1,  line  4,  leave out “the first or second” and insert “a”

Member’s explanatory statement

This amendment provides for a further recall condition.

Mr David Heath

Dr Julian Huppert

Clause  1,  page  1,  line  24,  at end insert—

“( )
A further recall condition is that—

(a)
an election court has considered a petition claiming that the MP has

committed an act which constitutes misconduct in the office of member

of parliament; and

(b)
the court has determined, prima facie, that it is reasonable to believe such

an act may have been committed; and

(c)
the court has notified The Speaker of its decision under subsection (b).”

Member’s explanatory statement

This amendment provides for a further recall condition.

Notices of Amendments:
973

, continued

Mr David Heath

Dr Julian Huppert

Clause  5,  page  4,  line  16,  leave out “the first or second” and insert “a”

Member’s explanatory statement

This amendment provides for a further recall condition.

Mr David Heath

Dr Julian Huppert

Clause  9,  page  6,  line  36,  leave out “10 per cent.” and insert “X per cent. [10 per

cent. in a case in which either the first or second recall conditions have been met, and 15

per cent. in a case in which the third recall condition has been met]”

Mr David Heath

Dr Julian Huppert

Clause  9,  page  6,  line  38,  leave out “10 per cent.” and insert “X per cent. [10 per

cent. in a case in which either the first or second recall conditions have been met, and 15

per cent. in a case in which the third recall condition has been met]”

Member’s explanatory statement

This amendment increases the support required for a valid [misconduct in the office of member of

parliament] recall petition, following the steps proposed in New Clauses (method of petitioning an

election court) and (consideration by election court), due to the “reasonable to believe” test to be

used by the election court.

Mr David Heath

Dr Julian Huppert

Clause  13,  page  9,  line  10,  at end insert—

“( )
The fourth condition is that, in a case in which the third recall condition was met

in relation to the MP, the MP is subsequently charged with an offence, the penalty

for which may be imprisonment or an order to be imprisoned or detained, for the

conduct, or any part of the conduct, stated in the petition to the electoral court.”

Member’s explanatory statement

This amendment seeks to reduce the risk of double jeopardy.

Mr David Heath

Dr Julian Huppert

Clause  14,  page  9,  line  41,  leave out “at least 10 per cent of the number of eligible

registered electors” and insert—

“(a)
in a case in which either the first or second recall condition is met, at least

10 per cent. of the number of eligible electors; and

(b)
in a case in which the [misconduct in the office of Member of Parliament]

recall condition is met, at least 15 per cent. of the number of eligible

electors.”

Member’s explanatory statement

This amendment increases the support required for a valid (misconduct in the office of Member of

Parliament) recall petition, following the steps proposed in New Clauses (method of petitioning an

election court) and (consideration by election court), due to the “reasonable to believe” test to be

used by the election court.

Notices of Amendments:
974

, continued

Mr David Heath

Dr Julian Huppert

Clause  22,  page  14,  line  29,  at end insert—

“misconduct in the office of Member of Parliament” means conduct by an

MP, whether or not it is committed directly in carrying out the office of

member of parliament, which is misconduct to such a degree as to

amount to an abuse of the public’s trust in the MP, without reasonable

excuse or justification.”

Member’s explanatory statement

This amendment establishes an offence of improper behaviour on the part of an MP, using the

definition of the English common law offence “misconduct in public office” as its starting point.

Mr David Heath

Dr Julian Huppert

Clause  9,  page  6,  line  30,  leave out subsections (4) and (5) and insert—

“( )
The Minister may, by regulations, having consulted the Electoral Commission,

prescribe or amend the wording which must be included on a petition signing

sheet.”

Member’s explanatory statement

This amendment allows for the Minister to bring forward detailed wording for the petition-signing

sheet after having consulted the Electoral Commission.

Mr David Heath

Dr Julian Huppert

Clause  9,  page  6,  line  40,  leave out “a by-election will not be held, as a result of the

petition” and insert “therefore no by-election will be held.”

Member’s explanatory statement

This amendment clarifies wording prescribed for the petition-signing sheet.

Mr David Heath

Dr Julian Huppert

Clause  19,  page  13,  line  7,  leave out subsection (1) and insert—

“( )
If a relevant circumstance arises, the functions of the Speaker under or by virtue

of this Act (“the Speaker’s functions”) are to be performed by the Chairman of

Ways and Means or a Deputy Chairman of Ways and Means”.

Member’s explanatory statement

This amendment clarifies that only a post-holder elected by the House will be able to exercise The

Speaker’s functions under this Act.

Mr David Heath

Dr Julian Huppert

Clause  19,  page  13,  line  12,  leave out second “or” and insert—

“( )
a recall condition has been met in relation to the Speaker, or”

Member’s explanatory statement

This amendment provides for circumstances where The Speaker meets a recall condition.

Notices of Amendments:
975

, continued

Mr David Heath

Dr Julian Huppert

Clause  19,  page  13,  line  14,  leave out subsections (3) and (4)

Member’s explanatory statement

This amendment is consequential on the clarification that only a post-holder elected by the House

will be able to exercise The Speaker’s functions under this Act.

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Clause  1,  page  1,  line  18,  leave out subsection (4) and insert—

“(4)
The second recall condition is that, following on from a report from the

Committee on Standards, the House of Commons order the suspension of the MP

from the service of the House for a specified period of requisite length.

(4A)
A specified period is of requisite length for the purposes of subsection (4) if—

(a)
where the period is expressed as a number of sitting days, the period

specified is of at least 10 sitting days, or

(b)
in any other case, the period specified (however expressed) is a period of

at least 14 days.”

Dr Julian Huppert

Mr David Heath

Clause  1,  page  2,  line  9,  at end insert—

“(5A)
A further recall condition [misconduct in public office condition] is that—

(a)
the MP has, after becoming an MP, been convicted of the common law

offence of misconduct in public office, and

(b)
the appeal period expires without the conviction having been overturned

on appeal.


Sections 2 to 4 contain more about this recall condition.”

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Clause  2,  page  2,  line  18,  leave out “The reference in” and insert “In”

Member’s explanatory statement

This amendment and amendment 17 ensure that a recall petition may be triggered by an offence

committed before the day Clause 1 comes into force where an MP is convicted of the offence on or

after that day and after he or she last became an MP.

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Clause  2,  page  2,  line  18,  leave out “to an offence” and insert—

“(a)
the reference to an offence includes an offence committed before the MP

became an MP and an offence committed before the day on which section

1 comes into force, but

Notices of Amendments:
976

, continued

(b)
the reference to an MP being convicted of an offence is only to an MP

being convicted of an offence on or after that day.”

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Clause  5,  page  4,  line  16,  leave out “or second” and insert “, second or section 10”

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Clause  5,  page  4,  line  43,  after “first”, insert “or section 10”

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Clause  13,  page  9,  line  10,  at end insert—

“( )
The fourth condition is that, in a case in which the section 10 recall condition was

met in relation to the MP, the conviction in question is overturned on appeal.”

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Clause  13,  page  9,  line  13,  leave out “three” and insert “four”

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Clause  22,  page  14,  line  33,  after “appeal””, insert “, in relation to the first recall

condition,”

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Clause  1,  page  1,  line  4,  leave out “or second” and insert “, second or third”

Member’s explanatory statement

This amendment and amendments 18 to 22 and 24 to 32 provide for third recall condition which

will trigger a recall petition—where an MP is convicted of an offence under section 10 of the

Parliamentary Standards Act 2009 or the offence of misconduct in public office (regardless of

whether a custodial sentence is imposed).

Notices of Amendments:
977

, continued

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Clause  1,  page  2,  line  9,  at end insert—

“(5A)
A further recall condition [the section 10 condition] is that—

(a)
the MP has, after becoming an MP, been convicted of an offence under

section 10 of the Parliamentary Standards Act 2009 (offence of providing

false or misleading information for allowances claims);

(b)
the appeal period expires without the conviction having been overturned

on appeal.


Sections 2 to 4 contain more about the section 10 recall condition.”

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Clause  2,  page  2,  line  18,  leave out “(the first recall condition)” and insert “and

(5A) (the first and section 10 recall conditions)”

Member’s explanatory statement

This amendment ensures that the provision made in Clause 2 in relation to the first recall condition

regarding offences committed before, and convictions on or after, the commencement of Clause 1

also applies to the new recall condition.

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Clause  2,  page  2,  line  21,  at end insert—

“( )
The reference in section 1(3) to an offence does not include an offence mentioned

in section 1(5A).”

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Clause  3,  page  2,  line  43,  leave out “(the first recall condition)” and insert “and

(5A) (the first and section 10 recall conditions)”

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Clause  3,  page  3,  line  3,  leave out subsections (2) to (4) and insert—

“( )
“Relevant appeal”, in relation to the first recall condition, means—

(a)
an appeal that—

(i)
is in respect of the conviction, sentence or order mentioned in

section 1(3), and

(ii)
is brought within the usual period, or



© Parliamentary copyright	Revised 20 November 2014