House of Commons Amendments

Session 2014 - 15
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Other Bills before Parliament

981

House of Commons

Notices of Amendments

given up to and including

Thursday 20 November 2014

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Consideration of Bill

Recall of MPs Bill, As Amended

NEW CLAUSES

Sir Greg Knight

Chris Heaton-Harris

NC1

To move the following Clause—


“Extension of recall to UK members of the European Parliament

The Secretary of State shall within six months of this Act coming into force

publish a report on the process by which the right of recall can be introduced for

UK members of the European Parliament.”

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

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982

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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.

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

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983

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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.

Mark Durkan

NC4


To move the following Clause—


“MP’s pledge

(1)
Each MP shall at the start of each Parliament subscribe to the Pledge set out in

this section.

(2)
An MP subscribing to the Pledge may do so—

(a)
in writing; or

(b)
in person at the same time as taking the Oath required by the

Parliamentary Oaths Act 1866.

(3)
The Pledge shall be—

  “I solemnly undertake that, in the course of my duties as a Member of

Parliament and service to my constituency, I shall act in adherence with

the Code of Conduct for Members of Parliament and uphold the

standards of public life with selflessness, integrity, objectivity,

accountability, openness, honesty and leadership.”

As an Amendment to Mark Durkan’s proposed New Clause (MP’s pledge) (NC4):—

Ms Margaret Ritchie

(a)


Line  4,  leave out subsection (2) and insert—

“(2)
An MP subscribing to the Pledge may do so—

(a)
in writing, or

(b)
in person at the same time as, or in the place of, taking the Oath required

by the Parliamentary Oaths Act 1866 (“the 1866 Act”).

(2A)
An MP who has subscribed to the Pledge in this section under the provisions of

subsection (2)(b) shall be entitled to sit in the House of Commons as though they

had taken the Oath required by the 1866 Act and shall not be subject to any

penalty under section 5 of that Act.”

Mark Durkan

NC5


To move the following Clause—


“Complaint of breach of MP’s pledge

(1)
This section applies when persons complain that an MP has acted in a way that

represents a significant breach of the MP’s Pledge as set out in section (MP’s

Pledge).

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(2)
A petition containing a complaint under subsection (1) may be presented to the

electoral court if signed by at least five hundred persons on the electoral roll

within the constituency of the MP named in the petition.

(3)
The Secretary of State may by regulation prescribe—

(a)
the form, content and process relating to the submission of such petitions;

and

(b)
the manner of constitution of an electoral court to adjudicate.

(4)
The electoral court must examine evidence submitted of the alleged breach of the

MP’s Pledge, and any evidence produced in rebuttal by the MP.

(5)
The court must consider whether, on the balance of evidence, it is reasonable to

believe that the MP has acted in a way that amounts to a significant breach of the

MP’s Pledge, without reasonable excuse or justification.

(6)
If the court finds in favour of the petitioners, then it must notify the Speaker, and

the MP named in the petition, that it has so determined.

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

of Rights 1689.”

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.

Mark Durkan


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

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).

Mark Durkan


Clause  1,  page  1,  line  10,  at end insert—

“(4A)
A further recall condition is that the MP has been adjudged by the electoral court

(as set out in section (Complaint of breach of MP’s Pledge)) to have acted in a

way that is contrary to the MP’s Pledge as set out in section (MP’s Pledge)”

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, continued

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.”

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.

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  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);

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(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 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 “(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  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

(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  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).”

Notices of Amendments:
987

, continued

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

(b)
an appeal that—

(i)
is in respect of the determination of an appeal that was itself a

relevant appeal, and

(ii)
is brought within the usual period.

( )
“Relevant appeal”, in relation to the section 10 recall condition, means—

(a)
an appeal that—

(i)
is in respect of the conviction mentioned in section 1(5A) or of

any sentence or order imposed in relation to that conviction, and

(ii)
is brought within the usual period, or

(b)
an appeal that—

(i)
is in respect of the determination of an appeal that was itself a

relevant appeal, and

(ii)
is brought within the usual period.”

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath


Clause  4,  page  3,  line  34,  after second “MP” insert—

“(a)
”

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath


Clause  4,  page  3,  line  36,  at end insert “, or

(b)
is convicted of an offence mentioned in section 1(5A) within the meaning

of that provision (see section 2).”



© Parliamentary copyright	Revised 21 November 2014