Standards and Privileges (Independent Appeals Body) Bill

House of Commons

Session 2000-2001
Internet Publications
Other Bills before Parliament

Standards and Privileges (Independent Appeals Body) Bill

This is the text of the Standards and Privileges (Independent Appeals Body) Bill, as presented to the House of Commons on 20th March 2001.

Standards and Privileges (Independent Appeals Body) Bill

A
B I L L
TO
Implement the recommendations contained in the sixth report of the Committee on Standards in Public Life.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Interpretation.     1. - (1) In this Act-

(a) "Commissioner" means the Parliamentary Commissioner for Standards appointed by the House of Commons (or the holder of any successor post with essentially similar functions);

(b) "Committee" means the select committee on Standards and Privileges established by the House of Commons or any successor committee charged by that House with similar functions with respect to the conduct of Members;

(c) "Member" means a member of the House of Commons;

(d) "Members with substantial seniority" means Members with ten or more years service as a member of the |House of Commons.

    (2) In this Act references to a "tribunal" and an "appellate body" are references to a disciplinary tribunal established under section 2 and to an appellate body established under section 3 respectively.

Consideration of serious disputed complaints against a Member.     2. - (1) Where the Commissioner, following an investigation of a complaint against a Member, considers that a prima facie case exists against that Member, then if the alleged facts of the case-

(a) if true, would amount to serious misconduct, and

(b) are disputed by the accused Member,

the Commissioner shall report the matter to the Committee with a recommendation that the case be referred to a disciplinary tribunal consisting of a legally qualified chairman sitting with either two or four Members of substantial seniority.

    (2) Before making a decision about whether to accept the Commissioner's recommendation, the Committee shall allow the Member who is the subject of the complaint an opportunity to make representations in respect of that decision.

    (3) The tribunal's procedures shall be governed by the principles set out in the Schedule.

    (4) If the tribunal has given an adverse ruling against the Member then, if there is no appeal by the Member under section 3, the Committee shall report the result of the tribunal decision to the House of Commons together with a recommendation as to penalty.

Appeals.     3. - (1) Where a tribunal has given an adverse ruling against a Member, he shall have a right of appeal to an appellate body.

    (2) The appellate body shall be a retired Lord Justice of Appeal, appointed by the Speaker, who shall report the result of the appeal to the Committee.

    (3) If the appeal is dismissed by the appellate body, the Committee shall report the result of the tribunal decision and the appeal to the House of Commons together with a recommendation as to penalty.

Legal assistance and expenses.     4. - (1) A Member who is the subject of a complaint shall be entitled to financial assistance to enable him to fund legal representation before a tribunal or before an appellate body, under arrangements made by the Lord Chancellor.

    (2) There shall be paid out of money provided by Parliament-

(a) any expenditure incurred by the Lord Chancellor in respect of the arrangements made under subsection (1);

(b) any expenditure incurred in consequence of the appointment of a tribunal or an appellate body.

Commencement, short title and extent.     5. - (1) This Act comes into force three months after it has received Royal Assent.

    (2) This Act may be cited as the Standards and Privileges (Independent Appeals Body) Act 2001.

    (3) This Act extends to the whole of the United Kingdom.

S C H E D U L E

PRINCIPLES GOVERNING PROCEDURES AT A TRIBUNAL

    1. That the Member who is the subject of the complaint should be provided with a prompt and clear statement of the precise allegations against him.

    2. That the Member who is the subject of the complaint should be given the opportunity to take legal advice and have legal assistance throughout.

    3. That the Member who is the subject of the complaint should be given the opportunity to be heard in person.

    4. That the Member who is the subject of the complaint should be given the opportunity to call relevant witnesses at the appropriate time.

    5. That the Member who is the subject of the complaint should be given the opportunity to examine other witnesses.

    6. That the Member who is the subject of the complaint should be given the opportunity to attend meetings at which evidence is given and to receive transcripts of evidence.

© Parliamentary copyright 2001
Prepared 23 March 2001

Standards and Privileges (Independent Appeals Body) Bill This is the text of the Standards and Privileges (Independent Appeals Body) Bill, as presented to the House of Commons on 20th March 2001.


	Standards and Privileges (Independent Appeals Body) Bill
	A B I L L TO Implement the recommendations contained in the sixth report of the Committee on Standards in Public Life. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
Interpretation.	1. - (1) In this Act-
	(a) "Commissioner" means the Parliamentary Commissioner for Standards appointed by the House of Commons (or the holder of any successor post with essentially similar functions);
	(b) "Committee" means the select committee on Standards and Privileges established by the House of Commons or any successor committee charged by that House with similar functions with respect to the conduct of Members;
	(c) "Member" means a member of the House of Commons;
	(d) "Members with substantial seniority" means Members with ten or more years service as a member of the \|House of Commons.
	(2) In this Act references to a "tribunal" and an "appellate body" are references to a disciplinary tribunal established under section 2 and to an appellate body established under section 3 respectively.
Consideration of serious disputed complaints against a Member.	2. - (1) Where the Commissioner, following an investigation of a complaint against a Member, considers that a prima facie case exists against that Member, then if the alleged facts of the case-
	(a) if true, would amount to serious misconduct, and
	(b) are disputed by the accused Member,
	the Commissioner shall report the matter to the Committee with a recommendation that the case be referred to a disciplinary tribunal consisting of a legally qualified chairman sitting with either two or four Members of substantial seniority.
	(2) Before making a decision about whether to accept the Commissioner's recommendation, the Committee shall allow the Member who is the subject of the complaint an opportunity to make representations in respect of that decision.
	(3) The tribunal's procedures shall be governed by the principles set out in the Schedule.
	(4) If the tribunal has given an adverse ruling against the Member then, if there is no appeal by the Member under section 3, the Committee shall report the result of the tribunal decision to the House of Commons together with a recommendation as to penalty.
Appeals.	3. - (1) Where a tribunal has given an adverse ruling against a Member, he shall have a right of appeal to an appellate body.
	(2) The appellate body shall be a retired Lord Justice of Appeal, appointed by the Speaker, who shall report the result of the appeal to the Committee.
	(3) If the appeal is dismissed by the appellate body, the Committee shall report the result of the tribunal decision and the appeal to the House of Commons together with a recommendation as to penalty.
Legal assistance and expenses.	4. - (1) A Member who is the subject of a complaint shall be entitled to financial assistance to enable him to fund legal representation before a tribunal or before an appellate body, under arrangements made by the Lord Chancellor.
	(2) There shall be paid out of money provided by Parliament-
	(a) any expenditure incurred by the Lord Chancellor in respect of the arrangements made under subsection (1);
	(b) any expenditure incurred in consequence of the appointment of a tribunal or an appellate body.
Commencement, short title and extent.	5. - (1) This Act comes into force three months after it has received Royal Assent.
	(2) This Act may be cited as the Standards and Privileges (Independent Appeals Body) Act 2001.
	(3) This Act extends to the whole of the United Kingdom.
	S C H E D U L E
	PRINCIPLES GOVERNING PROCEDURES AT A TRIBUNAL
	1. That the Member who is the subject of the complaint should be provided with a prompt and clear statement of the precise allegations against him.
	2. That the Member who is the subject of the complaint should be given the opportunity to take legal advice and have legal assistance throughout.
	3. That the Member who is the subject of the complaint should be given the opportunity to be heard in person.
	4. That the Member who is the subject of the complaint should be given the opportunity to call relevant witnesses at the appropriate time.
	5. That the Member who is the subject of the complaint should be given the opportunity to examine other witnesses.
	6. That the Member who is the subject of the complaint should be given the opportunity to attend meetings at which evidence is given and to receive transcripts of evidence.