House of Commons Amendments

Session 2014 - 15
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Other Bills before Parliament

1551

House of Commons

Notices of Amendments

given on

Thursday 12 February 2015

For other Amendment(s) see the following page(s):

House of Lords (Expulsion and Suspension) Bill [Lords] Committee 1537

Consideration of Bill

House of Lords (Expulsion and Suspension) Bill [Lords]

Sir Tony Baldry

NC1

To move the following Clause—


“Natural justice

Standing Orders of the House of Lords may provide for the Lord Speaker to lay

on the Table of the House of Lords before that House agrees to any resolution

under section 1(1) a report on whether and to what extent any investigation by an

officer of the House of Lords of the member of the House of Lords whose conduct

is the subject of the proposed has complied with—

(a)
the principles of natural justice,

(b)
the principles of the European Convention of Human Rights, and

(c)
any other relevant provision or rule of law”.

Member’s explanatory statement

This New Clause applies established principles of fairness to any investigation prior to the

application sanctions provided for under the Bill.

Sir Tony Baldry

NC2

To move the following Clause—


“Bill of Rights

Nothing in this Act shall be constructed by any court in the United Kingdom as

affecting Article IX of the Bill of Rights 1689.

Member’s explanatory statement

This Clause, modelled on section 1 of the Parliamentary Standards Act 2009, preserves the

exclusive cognisance of the House of Lords over its own proceedings and membership.

Notices of Amendments:
1552

, continued

Sir Tony Baldry

Clause  1,  page  1,  line  17,  at beginning insert “in relation either to an expulsion or

to a suspension”.

Member’s explanatory statement

This is linked to the amendment below which prevents retrospective judgement behaviour leading

to a final expulsion of a member of the House of Lords.

Sir Tony Baldry

Clause  1,  page  1,  line  18,  leave out paragraph (b).

Member’s explanatory statement

This removes all reference to previous conduct that was not public knowledge.

Sir Tony Baldry

Clause  1,  page  1,  line  18,  at beginning insert “in relation only to a suspension”.

Member’s explanatory statement

This removes the power of expulsion in respect of previous conduct that was not public knowledge.

Sir Tony Baldry

Clause  1,  page  1,  line  18,  leave out from “Act” to end of line 19 and insert “but

since 1 January 2015”.

Member’s explanatory statement

This limits the application of the Bill’s sanctions to previous conduct that was not public

knowledge to just the current year.

Sir Tony Baldry

Clause  1,  page  1,  line  18,  leave out from “Act” to end of line 19 and insert “but

since 1 January 2000”.

Member’s explanatory statement

This limits the application of the Bill’s sanctions to previous conduct that was not public

knowledge in the past 15 years only.

Sir Tony Baldry

Clause  1,  page  1,  line  18,  leave out from “Act” to end of line 19 and insert “but

since 1 January 1985”.

Member’s explanatory statement

This limits the application of the Bill’s sanctions to previous conduct that was not public

knowledge in the past 30 years only.

Sir Tony Baldry

Clause  1,  page  1,  line  19,  after “knowledge”, insert “in the United Kingdom”.

Member’s explanatory statement

This limits the scope of public knowledge of previous conduct to what was not known in this

country.

Notices of Amendments:
1553

, continued

Sir Tony Baldry

Clause  1,  page  1,  line  19,  at end insert—

“(4A)
A resolution under subsection 4(b) may not relate to expulsion”.

Member’s explanatory statement

This is an alternative approach to removing the power of expulsion in respect of previous conduct

that was not public knowledge.

Sir Tony Baldry

Clause  1,  page  1,  line  19,  at end insert—

“(4A)
Standing Orders of the House of Lords set out guidance on what constitutes

public knowledge under subsection 4(b)”.

Member’s explanatory statement

This allows for some certainty as to what might constitute public knowledge of previous conduct.

Mr Christopher Chope

Title,  line  1,  leave out “expel or”.

Mr Christopher Chope

Clause  4,  page  2,  line  9,  leave out “Expulsion and”.

Mr Christopher Chope

NC3

To move the following Clause—


“Code of conduct

(1)
Standing Orders of the House of Lords may provide for the adoption of a code of

conduct.

(2)
A resolution passed by virtue of section 1(4) must include a reference to the

relevant provision of any code of conduct which the House of Lords may have

adopted and which has not been superseded by a subsequent decision of the

House.”

Member’s explanatory statement

This Clause allows the House of Lords to adopt a code of conduct and also requires the application

of penalties under this Bill to be linked to that code, if there is one.



© Parliamentary copyright	Revised 13 February 2015