Lords amendments to the Recall of MPs Bill

House of Commons

Session 2014 - 15
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Lords amendments to the Recall of MPs Bill

LORDS amendments to the
Recall of MPs Bill
[The page and line references are to HL Bill 62, the bill as first printed for the Lords.]
Clause 1
Page 1, line 4, leave out “or second” and insert “, second or third”
Page 1, line 19, after “Standards” insert “in relation to the MP”
Page 2, line 5, leave out “in relation to subsection (5)(a)” and insert “where that
period is expressed as a number of sitting days”
Page 2, line 7, at end insert—
“(6A)
The reference in subsection (4) to the Committee on Standards is to any
committee of the House of Commons concerned with the standards of
conduct of individual members of that House.
(6B)
Any question arising under subsection (6A) is to be determined by the
Speaker.”
Page 2, line 8, leave out “A further recall condition (section 10)” and insert “The
third recall condition”
Clause 2
Page 2, line 23, leave out “(the first recall condition)” and insert “and (7) (the first
and third recall conditions)”
Page 2, line 23, leave out from “condition)” to end of line 26 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 the day on which
section 1 comes into force.”
Page 2, line 26, at end insert—

Bill 182 55/4

2

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

mentioned in section 1(7).”
Clause 3
Page 3, line 5, leave out “(the first recall condition)” and insert “and (7) (the first
and third recall conditions)”
Page 3, line 9, 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 period of 28 days beginning with the
date of that determination or, if it ends earlier, the usual
period.
( )
“Relevant appeal”, in relation to the third recall condition, means—
(a)
an appeal that—
(i)
is in respect of the conviction mentioned in section 1(7) 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 period of 28 days beginning with the
date of that determination or, if it ends earlier, the usual
period.”
Page 3, line 31, after “issue)” insert “, or an appeal under section 288AA of the
Criminal Procedure (Scotland) Act 1995 (appeal on compatibility issues)”
Clause 4
Page 3, line 40, after second “MP” insert “—
(a)
”
Page 3, line 42, at end insert “, or
(b)
is convicted of an offence mentioned in section 1(7) within the
meaning of that provision (see section 2).”
Page 3, line 43, after “order” insert “in relation to the conviction”
Page 4, line 11, 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”

3

Page 4, line 21, at end insert—

“( )
A court is not required under this section to notify the Speaker if, at any

time since the application of the section, the MP’s seat has been vacated

(whether by the MP’s disqualification or death, or otherwise).”
Clause 5
Page 4, line 23, leave out “or second” and insert “, second or third”
Clause 7
Page 5, line 39, leave out “4” and insert “10”
Clause 9
Page 6, line 31, leave out “8” and insert “6”
Page 7, leave out line 5 and insert “as a result of the petition and therefore no by-
election will be held.””
Clause 13
Page 9, line 17, 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 conviction in question is overturned on
appeal.”
Page 9, line 20, leave out “three”
Clause 19
Page 13, line 17, 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.”
Page 13, line 22, after “reason,” insert—
“( )
the first, second or third recall condition has been met in relation to
the Speaker,”
Page 13, line 24, leave out subsections (3) and (4)
Clause 21
Page 14, line 4, leave out “(including this Act)”
Clause 22
Page 14, line 44, leave out “quashed” and insert “that there is no longer a conviction
for the purposes of section 1(3) or (7) (as the case may be)”
Schedule 5
Page 55, line 41, at beginning insert “(1)”

4

Page 55, line 41, leave out “, on request,”

Page 56, line 5, at end insert—

    “(2)
Delivery under sub-paragraph (1) must be as soon as reasonably

practicable after the officer receives the document in question.”

Page 57, line 5, leave out “1” and insert “2”
Schedule 6
Page 57, line 32, leave out “may” and insert “must”