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House of Commons Disqualification
Act 1975
Madam Deputy Speaker (Dame Janet Fookes): I must announce that Madam Speaker has selected amendment (b), standing in the name of the hon. Member for Newham, South (Mr. Spearing).
4.53 pm
The Paymaster General (Mr. Michael Bates): I beg to move,
- That Schedule 1 to the House of Commons Disqualification Act 1975 be amended as follows:--
Part I of Schedule 1
1. For the entry 'Judge of the Court of Session' there shall be substituted the following entry:--
Judge of the Court of Session, or Temporary Judge appointed under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
Part II of Schedule 1
2. The following entries shall be inserted at the appropriate places:--
The Antarctic Act Tribunal established under regulations made under the Antarctic Act 1994.
The East of Scotland Water Authority.
The Land Authority for Wales.
The Local Government Staff Commission (England).
The North of Scotland Water Authority.
The Scottish Children's Reporter Administration.
The Scottish Legal Aid Board.
The Scottish Water and Sewerage Customers Council or any committee established by that council under paragraph 10(1) of Schedule 9 to the Local Government etc. (Scotland) Act 1994.
The Training and Employment Agency Advisory Board in Northern Ireland.
The West of Scotland Water Authority.
Entry omitted
3. The following entry shall be omitted:--
The Scottish Development Agency.
Part III of Schedule 1
4. The following entries shall be inserted at the appropriate places:--
Adjudicator appointed under section 5 of the Criminal Injuries Compensation Act 1995.
Adjudicator for the Inland Revenue, Customs and Excise and the Contributions Agency.
Assessor appointed for the purposes of section 133 of the Criminal Justice Act 1988.
Chairman of an Agricultural Land Tribunal or member of a panel appointed under paragraph 14 or 15 of Schedule 9 to the Agriculture Act 1947.
Chairman or Vice-Chairman of the Arts Council of Northern Ireland.
Chairman, Deputy Chairman or Chief Executive of the Biotechnology and Biological Sciences Research Council.
Chairman or Chief Executive of the Council for the Central Laboratory of the Research Councils.
Chairman, Deputy Chairman or Chief Executive of the Engineering and Physical Sciences Research Council.
Chairman or Vice-Chairman of the English Sports Council.
Chairman or Deputy Chairman of the Financial Reporting Council.
Chairman or any director of the Further Education Development Agency.
Chairman of Investors in People UK.
Chairman, Deputy Chairman or Chief Executive of the Medical Research Council.
Chairman or Director of the National Forest Company.
Chairman of the Northern Ireland Community Relations Council.
Chairman of the Northern Ireland Council for the Curriculum, Examinations and Assessment.
Chairman, Deputy Chairman or Chief Executive of the Particle Physics and Astronomy Research Council.
Chairman of the Rural Development Council for Northern Ireland.
Chairman or any member, not also being an employee, of the State Hospitals Board for Scotland.
Chairman of the United Kingdom Sports Council.
Chairman or Vice-Chairman of the Youth Council for Northern Ireland.
Civil Service Commissioner.
Civil Service Commissioner for Northern Ireland.
Commissioner for Public Appointments.
Commissioner for Public Appointments for Northern Ireland.
Any director of Horticulture Research International in receipt of remuneration.
Director General of Gas for Northern Ireland.
Her Majesty's Chief Inspector of Prisons for Scotland.
Member of the staff of the Forestry Commissioners.
Member of the legal panel of persons available to act as chairmen of Registered Homes Tribunals.
Member of the legal panel of persons available to act as chairmen of Registered Homes Tribunals in Northern Ireland.
Any member of the property commission established by virtue of section 19 of the Local Government etc. (Scotland) Act 1994.
Any member of a residuary body established by virtue of section 18 of the Local Government etc. (Scotland) Act 1994 who is in receipt of remuneration.
Any member of the staff commission established by virtue of section 12 of the Local Government etc. (Scotland) Act 1994.
Northern Ireland Commissioner for Protection Against Unlawful Industrial Action.
Parliamentary Commissioner for Standards.
President of the Industrial Tribunals (England and Wales), President of the Industrial Tribunals (Scotland) or member of a panel of persons appointed to act as chairmen or other members of industrial tribunals.
President of the Special Educational Needs Tribunal, or member of a panel of persons appointed to act as chairmen or other members of that tribunal.
13 Feb 1997 : Column 491
Entries omitted
5. The following entries shall be omitted:--
Chairman, or Director General and Deputy Chairman, of the Agricultural and Food Research Council.
Chairman or member of a panel of deputy-chairmen of an Agricultural Land Tribunal.
Chairman of the Business & Technology Council.
Paid Chairman of the Central Transport Consultative Committee for Great Britain established under section 56 of the Transport Act 1962.
Chairman of the Council for the Accreditation of Teacher Education.
Chairman of the Land Authority for Wales.
Chairman of the Letchworth Garden City Corporation.
Chairman of the Northern Ireland Rural Development Council.
Any Chairman of the Plant Varieties and Seeds Tribunal.
Chairman of the Science and Engineering Research Council.
Chairman of the Scottish Legal Aid Board.
Chairman or Vice-Chairman of the Sports Council.
Chairman of the Training and Employment Agency Advisory Board in Northern Ireland.
Delegate for Her Majesty's Government in the United Kingdom to the Central Rhine Commission.
Director of British Telecommunications p.l.c. nominated or appointed by a Minister of the Crown or government department.
Director of Northern Ireland Airports Limited.
Director of the successor company (within the meaning of the British Steel Act 1988) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown.
Director of the successor company (within the meaning of the British Technology Group Act 1991) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown.
Director of a successor company (within the meaning of Part II of the Electricity Act 1989), being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown.
Any member of the Insolvency Practitioners Tribunal in receipt of remuneration.
Member of a Wages Council appointed under paragraph 1(b) of Schedule 2 to the Wages (Northern Ireland) Order 1988.
President, or member of a panel of chairmen, of industrial tribunals established under section 12 of the Industrial Training Act 1964.
Secretary of the Medical Research Council.
Other amendments
6.--(1) In the entry 'Chairman or Vice-Chairman of the Advisory Committee on Distinction Awards', for 'Vice-Chairman' there shall be substituted 'Medical Director'.
(2) In the entry 'Chairman of the Economic and Social Research Council', after 'Chairman' there shall be inserted 'Deputy Chairman or Chief Executive'.
(3) In the entry 'Chairman or Deputy Chairman of the General Consumer Council for Northern Ireland', the words 'or Deputy Chairman' shall be omitted.
(4) In the entry 'Chairman of the Livestock Marketing Commission for Northern Ireland', for 'Marketing' there shall be substituted 'and Meat'.
13 Feb 1997 : Column 492
(5) In the entry 'Chairman of any of the National Boards for Nursing, Midwifery and Health Visiting constituted under section 5 of the Nurses, Midwives and Health Visitors Act 1979', there shall be inserted at the end 'or any member of any of those Boards appointed at a salary'.
(6) In the entry 'Chairman or non-executive member of a National Health Service trust established under the National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978', for 'non-executive member' there shall be substituted 'non-executive director'.
(7) In the entry 'Chairman of the Natural Environment Research Council', after 'Chairman' there shall be inserted 'Deputy Chairman or Chief Executive'.
(8) For the entry 'Member of a panel of chairmen of industrial tribunals established under Article 30 of the Industrial Training (Northern Ireland) Order 1984' there shall be substituted the following entry:--
Member of a panel of persons appointed to act as chairmen or other members of industrial tribunals in Northern Ireland.
(9) In the entry 'Rent officer or deputy rent officer appointed in pursuance of a scheme under section 63 of the Rent Act 1977', the words 'or deputy rent officer' shall be omitted.
Part IV of Schedule 1
Entry omitted
7. The entry relating to Her Majesty's Lord-Lieutenant or Lieutenant for an islands area in Scotland shall be omitted.
Other amendments
8.--(1) In the entry relating to Her Majesty's Lord-Lieutenant or Lieutenant for a region in Scotland--
(a) for 'a region' there shall be substituted 'an area'; and
(b) for the words from 'such part' to 'Majesty' there shall be substituted 'the area'.
(2) In the entry relating to Her Majesty's Lord Lieutenant or Lieutenant for the district of the city of Aberdeen, Dundee, Edinburgh or Glasgow--
(a) the words 'the district of' shall be omitted; and
(b) for 'the district in' there shall be substituted 'the city in'.
The motion seeks the approval of the House to an amendment by Order in Council of schedule 1 to the House of Commons Disqualification Act 1975. As hon. Members are aware, the Act is concerned with the maintenance of the independence of the House and the safeguarding of hon. Members from undue influence by the Executive through the exercise of patronage. Schedule 1 to the Act lists those offices whose holders are thereby disqualified from membership of the House.
It has been usual practice for any legislation that establishes new offices or winds up existing ones to amend schedule 1 accordingly. The 1975 Act is therefore reprinted from time to time in accordance with the provisions of the Act to incorporate such amendments. The last reprint was made on 6 January 1994. A further reprint will be ordered after the new order has been made. In addition, from time to time, it is necessary to use the procedure outlined in section 5(1) of the Act in order to bring schedule 1 up to date by Order in Council.
This section provides for the schedule to be amended following an affirmative resolution of the House by adding offices that have been created by administrative action, by amending or correcting existing entries and by deleting offices that no longer exist or where statutory disqualification is no longer appropriate. This procedure has been followed on 10 previous occasions, the first in
1961 and the last in June 1993. Copies of the explanatory note describing the amendments in detail have been made available in the Vote Office since 6 February.
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