House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Consideration of Bill:
1070

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Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Paul Burstow

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

(b)
is convicted of an offence mentioned in section 1( ) (relating to the

section 10 recall condition) within the meaning of that provision (see

section 2).”

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Paul Burstow

Clause  4,  page  3,  line  37,  after “order”, insert “in relation to the conviction”

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Paul Burstow

Clause  4,  page  4,  line  4,  leave out paragraph (b) and insert—

“(b)
that—

(i)
in a case within subsection (1)(a), the conviction, sentence or

order has, or has not, been overturned on appeal;

(ii)
in a case within subsection (1)(b), the conviction has, or has not,

been overturned on appeal, and”

Mr David Heath

Dr Julian Huppert

Paul Burstow

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.

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Paul Burstow

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

Member’s explanatory statement

This amendment is consequential to the agreement to the section 10 recall conition.

Consideration of Bill:
1071

, continued

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Paul Burstow

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

Mr David Heath

Dr Julian Huppert

Paul Burstow

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

Paul Burstow

Clause  9,  page  6,  line  36,  after “10 per cent.”, insert “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

misconduct in the office of member of parliament recall condition has been met”

Mr David Heath

Dr Julian Huppert

Paul Burstow

Clause  9,  page  6,  line  38,  after “10 per cent.”, insert “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

misconduct in the office of member of parliament 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

Paul Burstow

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.

Consideration of Bill:
1072

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Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Paul Burstow

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.”

Mr David Heath

Dr Julian Huppert

Paul Burstow

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

“( )
The fourth condition is that, in a case in which a misconduct 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.

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Paul Burstow

Clause  13,  page  9,  line  13,  leave out “three”

Mr David Heath

Dr Julian Huppert

Paul Burstow

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.

Consideration of Bill:
1073

, continued

Mr David Heath

Dr Julian Huppert

Paul Burstow

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

Paul Burstow

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.

Mr David Heath

Dr Julian Huppert

Paul Burstow

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.

Mr David Heath

Dr Julian Huppert

Paul Burstow

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.

Thomas Docherty

Dr Julian Huppert

Stephen Twigg

Mr David Heath

Paul Burstow

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

Consideration of Bill:
1074

, continued

condition,”

Order of the House [21 October 2014]

That the following provision shall apply to the Recall of MPs Bill—

Committal

1.
The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee

2.
Proceedings in Committee of the whole House shall be completed in three

days..

3.
The proceedings shall be taken on the days shown in the first column of the

following Table and in the order so shown.

4.
The proceedings shall (so far as not previously concluded) be brought to a

conclusion at the times specified in the second column of the Table.

              TABLE

Proceedings
Time for conclusion of

proceedings

First day

Clauses 1 to 5, new Clauses and
The moment of interruption on

new Schedules relating to how
the first day

an MP becomes subject to a

recall process

Second day

Clause 6, Schedule 1, Clauses 7
The moment of interruption on

to 10, Schedule 2, Clauses 11 to
the second day

13, new Clauses and new

Schedules relating to the recall

petition process (except any

relating to the determination of

the success of a recall petition,

the effect of a successful recall

Third day

Clauses 14 and 15, new Clauses
The moment of interruption on

and new Schedules relating to
the third day

the determination of the success

of a recall petition or the effect

of a successful recall petition,

Clause 16, Schedules 3 to 5,

Clause 17, new Clauses and new

Schedules relating to financial

controls, Clauses 18 to 20,

Schedule 6, Clauses 21 to 25,

remaining new Clauses,

remaining new Schedules,

remaining proceedings on the

Consideration of Bill:
1075

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Consideration and Third Reading

5.
Any proceedings on Consideration shall (so far as not previously concluded)

be brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced

6.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

Programming committee

7.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings in Committee of the whole House, to any proceedings on

Consideration or to proceedings on Third Reading.

Other proceedings

8.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the House [3 NOVEMBER 2014]

That the Order of 21 October 2014 (Recall of MPs Bill (Programme)) be varied as

follows—

1.
In paragraph (2) of the Order (number of days for proceedings in Committee),

for “three days” substitute “two days”.

2.
In the Table in paragraph (4) of the Order (order of proceedings etc in

Committee), for the entries for the Second and Third days substitute—

Second day

Clause 6, Schedule 1, Clauses 7
The moment of interruption on

to 10, Schedule 2, Clauses 11 to
the second day

16, Schedules 3 to 5, Clauses 17

to 20, Schedule 6, Clauses 21 to

25, remaining new Clauses,

remaining new Schedules,

remaining proceedings on the

3.
In paragraph (5) of the Order (proceedings on Consideration), for “one hour

Consideration of Bill:
1076

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before the moment of interruption on the day on which those proceedings are

commenced” substitute “five hours after the commencement of the

proceedings”.

4.
In paragraph (6) of the Order (proceedings on Third Reading), for “at the

moment of interruption on that day” substitute “six hours after the

commencement of proceedings on Consideration”.

NOTICES WITHDRAWN

The following Notices were withdrawn on 21 November:

Amendments 33 and 23.



© Parliamentary copyright	Revised 24 November 2014