Session 2010-12
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Fixed-term Parliaments Bill


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Instruction of 21st July 2008, as follows—

Clauses 198 to 221
Schedule 12
Clauses 222 and 223
Schedule 13
Clauses 224 to 227

[Amendments marked * are new or have been altered]

Clause 2

LORD NORTON OF LOUTH

19

Page 2, line 21, leave out subsection (4)

LORD HOWARTH OF NEWPORT

BARONESS BOOTHROYD

LORD MARTIN OF SPRINGBURN

LORD PANNICK

LORD WALLACE OF TANKERNESS

20

Leave out Clause 2 and insert the following new Clause—

“Early parliamentary general elections

(1) An early parliamentary general election is to take place if—

(a) the House of Commons passes a motion in the form set out in subsection (2), and

(b) if the motion is passed on a division, the number of members who vote in favour of the motion is a number equal to or greater than two thirds of the number of seats in the House (including vacant seats).

(2) The form of motion for the purposes of subsection (1)(a) is—

“That there shall be an early parliamentary general election.”

(3) An early parliamentary general election is also to take place if—

(a) the House of Commons passes a motion in the form set out in subsection (4), and

(b) the period of 14 days after the day on which that motion is passed ends without the House passing a motion in the form set out in subsection (5).

(4) The form of motion for the purposes of subsection (3)(a) is—

“That this House has no confidence in Her Majesty’s Government.”

(5) The form of motion for the purposes of subsection (3)(b) is—

“That this House has confidence in Her Majesty’s Government.”

(6) Subsection (7) applies for the purposes of the Timetable in rule 1 in Schedule 1 to the Representation of the People Act 1983.

(7) If a parliamentary general election is to take place as provided for by subsection (1) or (3), the polling day for the election is to be the day appointed by Her Majesty by proclamation on the recommendation of the Prime Minister (and, accordingly, the appointed day replaces the day which would otherwise have been the polling day for the next election determined under section 1).”

LORD FALCONER OF THOROTON

LORD BACH

[Amendments 20A to 20C are amendments to Amendment 20]

20A*

Line 13, leave out from “(4)” to end of line 16

20B*

Line 19, leave out subsection (5)

20C*

Line 20, at end insert—

“( ) Subsections (3) and (4) above shall not apply if, and only if, a government has not previously won the confidence of the House of Commons.

In this event there shall only be an early parliamentary general election if, after 14 days, the House of Commons does not pass a vote of confidence in a new government.”

LORD NORTON OF LOUTH

21

Leave out Clause 2 and insert the following new Clause—

“Early parliamentary general elections (No. 2)

(1) An early parliamentary general election is to take place if—

(a) the House of Commons has passed the motion “That there shall be an early general election”, and

(b) if passed on a division, the number of members voting in favour of the motion was a number equal to or greater than two-thirds of the number of seats in the House (including vacant seats).

(2) An early parliamentary general election is also to take place if—

(a) on a specified date the House of Commons has passed a motion that “This House has no confidence in Her Majesty’s Government”, or

(b) on a specified date the House of Commons has negatived a motion “That this House has confidence in Her Majesty’s Government”, and

(c) the period of 14 days after the specified day has ended without the House passing the motion “That this House has confidence in Her Majesty’s Government”.

(3) An early parliamentary general election is also to take place if—

(a) on a specified date the Prime Minister tenders the resignation of the Government, without the conditions in subsection (1) or (2) having been met; and

(b) the period of 60 days after the specified day has ended without the House passing the motion “That this House has confidence in Her Majesty’s Government”.

(4) The record of the House of Commons is conclusive for all purposes under this section.

(5) Subsection (6) applies for the purposes of the Timetable in rule 1 in Schedule 1 to the Representation of the People Act 1983.

(6) If a parliamentary general election is to take place as provided for by subsection (1), (2) or (3), the polling day for the election is to be the day appointed by Her Majesty by proclamation on the recommendation of the Prime Minister (and, accordingly, the appointed day replaces the day which would otherwise have been the polling day for the next general election determined under section 1).”

22

[Withdrawn]

LORD CORMACK

LORD HAMILTON OF EPSOM

22ZA

Leave out Clause 2 and insert the following new Clause—

“Early parliamentary general elections (No. 4)

(1) An early parliamentary general election shall take place if—

(a) the House of Commons passes, by a two-thirds majority of the House voting, a resolution “That there shall be an early general election”, or

(b) if the Prime Minister tenders the resignation of Her Majesty’s Government and within 14 days no new Prime Minister has accepted Her Majesty’s invitation to form a government.

(2) If at any time the House of Commons passes a motion of no confidence in Her Majesty’s Government, the Prime Minister shall forthwith submit to Her Majesty a request for a proclamation to dissolve Parliament and provide for a general election.

(3) A vote of no confidence in Her Majesty’s Government shall be deemed to have been passed if the House of Commons—

(a) denies a Second Reading or Third Reading to a Finance Bill, or

(b) passes a motion of no confidence in Her Majesty’s Government tabled by the Leader of Her Majesty’s Opposition.”

LORD ARMSTRONG OF ILMINSTER

22ZB

Leave out Clause 2 and insert the following new Clause—

“Early dissolution of Parliament

(1) If at any time the House of Commons passes a vote of no confidence in Her Majesty’s Government, the Prime Minister shall forthwith submit to Her Majesty a request for a proclamation to dissolve Parliament with a view to the holding of a parliamentary general election.

(2) A vote of no confidence shall be deemed for the purposes of this section to have been passed if the House of Commons—

(a) amends or rejects a motion tabled by Her Majesty’s Government for an Address in reply to Her Majesty’s speech at the opening of a session of Parliament;

(b) passes a motion of no confidence in Her Majesty’s Government tabled by the Leader of Her Majesty’s Opposition;

(c) does not pass a motion that the House has confidence in Her Majesty’s Government tabled by the Prime Minister; or

(d) does not pass any motion, the rejection of which the Prime Minister has declared in advance will be regarded by Her Majesty’s Government as a vote of no confidence in Her Majesty’s Government for the purposes of this section.”

LORD FALCONER OF THOROTON

LORD BACH

[Amendments 22ZC and 22ZD are amendments to Amendment 22ZB]

22ZC*

Line 19, at end insert—

“( ) An early dissolution of Parliament shall also be triggered if—

(a) the House of Commons has passed the motion “That there shall be an early general election”, and

(b) if passed on a division, the number of members voting in favour of the motion was a number equal to or greater than two-thirds of the number of seats in the House (including vacant seats).”

22ZD*

Line 19, at end insert—

“( ) Subsections (1) and (2) above shall not apply if, and only if, a government has not previously won the confidence of the House of Commons.

In this context, there shall only be an early parliamentary general election if, after 14 days, the House of Commons does not pass a vote of confidence in a new government.”

Clause 7

LORD GROCOTT

22A

Page 4, line 3, leave out “comes into force on the day it is passed” and insert “shall come into force subject to its approval in a referendum in which the turnout exceeds 40%”

23

Page 4, line 3, leave out “on the day it is passed” and insert “following the passing of an Act determining the polling dates for an elected House of Lords”

LORD FALCONER OF THOROTON

LORD BACH

24

Page 4, line 3, at end insert “, except sections 2, 3 and 6(3) which come into effect after the next parliamentary general election to be held after the passing of this Act”

LORD PANNICK

BARONESS BOOTHROYD

LORD BUTLER OF BROCKWELL

LORD ARMSTRONG OF ILMINSTER

25

Page 4, line 6, at end insert—

“(4) Sections 2, 3 and 6(3) shall have effect only until the first meeting of the new Parliament after the next parliamentary general election, but that Parliament or any subsequent Parliament may bring those sections back into force for the Parliament’s own duration and until the first meeting of the following Parliament if a resolution to that effect is approved by each House of the Parliament in question.”