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| Thursday 12 February 2015 |
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| For other Amendment(s) see the following page(s):
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| House of Lords (Expulsion and Suspension) Bill [Lords] Committee 1537 |
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| House of Lords (Expulsion and Suspension) Bill [Lords]
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| | To move the following Clause— |
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| | Standing Orders of the House of Lords may provide for the Lord Speaker to lay |
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| | on the Table of the House of Lords before that House agrees to any resolution |
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| | under section 1(1) a report on whether and to what extent any investigation by an |
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| | officer of the House of Lords of the member of the House of Lords whose conduct |
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| | is the subject of the proposed has complied with— |
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| | (a) | the principles of natural justice, |
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| | (b) | the principles of the European Convention of Human Rights, and |
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| | (c) | any other relevant provision or rule of law”. |
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| | Member’s explanatory statement
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| | This New Clause applies established principles of fairness to any investigation prior to the |
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| | application sanctions provided for under the Bill. |
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| | To move the following Clause— |
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| | Nothing in this Act shall be constructed by any court in the United Kingdom as |
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| | affecting Article IX of the Bill of Rights 1689. |
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| | Member’s explanatory statement
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| | This Clause, modelled on section 1 of the Parliamentary Standards Act 2009, preserves the |
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| | exclusive cognisance of the House of Lords over its own proceedings and membership. |
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| Clause 1, page 1, line 17, at beginning insert “in relation either to an expulsion or |
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| | Member’s explanatory statement
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| | This is linked to the amendment below which prevents retrospective judgement behaviour leading |
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| | to a final expulsion of a member of the House of Lords. |
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| Clause 1, page 1, line 18, leave out paragraph (b). |
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| | Member’s explanatory statement
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| | This removes all reference to previous conduct that was not public knowledge. |
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| Clause 1, page 1, line 18, at beginning insert “in relation only to a suspension”. |
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| | Member’s explanatory statement
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| | This removes the power of expulsion in respect of previous conduct that was not public knowledge. |
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| Clause 1, page 1, line 18, leave out from “Act” to end of line 19 and insert “but |
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| | Member’s explanatory statement
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| | This limits the application of the Bill’s sanctions to previous conduct that was not public |
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| | knowledge to just the current year. |
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| Clause 1, page 1, line 18, leave out from “Act” to end of line 19 and insert “but |
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| | Member’s explanatory statement
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| | This limits the application of the Bill’s sanctions to previous conduct that was not public |
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| | knowledge in the past 15 years only. |
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| Clause 1, page 1, line 18, leave out from “Act” to end of line 19 and insert “but |
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| | Member’s explanatory statement
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| | This limits the application of the Bill’s sanctions to previous conduct that was not public |
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| | knowledge in the past 30 years only. |
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| Clause 1, page 1, line 19, after “knowledge”, insert “in the United Kingdom”. |
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| | Member’s explanatory statement
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| | This limits the scope of public knowledge of previous conduct to what was not known in this |
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| Clause 1, page 1, line 19, at end insert— |
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| | “(4A) | A resolution under subsection 4(b) may not relate to expulsion”. |
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| | Member’s explanatory statement
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| | This is an alternative approach to removing the power of expulsion in respect of previous conduct |
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| | that was not public knowledge. |
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| Clause 1, page 1, line 19, at end insert— |
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| | “(4A) | Standing Orders of the House of Lords set out guidance on what constitutes |
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| | public knowledge under subsection 4(b)”. |
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| | Member’s explanatory statement
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| | This allows for some certainty as to what might constitute public knowledge of previous conduct. |
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| Title, line 1, leave out “expel or”. |
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| Clause 4, page 2, line 9, leave out “Expulsion and”. |
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| | To move the following Clause— |
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| | (1) | Standing Orders of the House of Lords may provide for the adoption of a code of |
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| | (2) | A resolution passed by virtue of section 1(4) must include a reference to the |
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| | relevant provision of any code of conduct which the House of Lords may have |
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| | adopted and which has not been superseded by a subsequent decision of the |
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| | Member’s explanatory statement
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| | This Clause allows the House of Lords to adopt a code of conduct and also requires the application |
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| | of penalties under this Bill to be linked to that code, if there is one. |
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