Conclusions and recommendations
1. We recommend that the formal first reading
of the Outlawries Bill should continue (Paragraph 5).
2. The passing of the Sessional Orders and Resolutions
relating to elections, witnesses and the Votes and Proceedings
should be discontinued (Paragraph 9.a).
3. The House should decide, by agreeing to
this Report, that all Members who are returned for two or more
places in any part of the United Kingdom should choose for which
of the places they will serve, within one week after it appears
that there is no question about their election for that place
(Paragraph 9.b).
4. The Sessional Orders and Resolutions should
be replaced by a statement of the duties and responsibilities
of Members, possibly the seven principles of public life as set
out in the Code of Conduct together with historic claims to privilege
including those of freedom of speech and freedom from legal challenge
embodied in the Bill of Rights 1689; however, we believe that
the details might be left to the Speaker's discretion, perhaps
after taking such soundings as seemed appropriate (Paragraph 10).
5. The Government should introduce appropriate
legislation to prohibit long-term demonstrations and to ensure
that the laws about access are adequate and enforceable. We also
expect the appropriate authorities to explore fully the possibility
of using existing legislation to control the use of loud-hailers
and other amplification equipment; failing that, the Government
should consider legislation on this subject (Paragraph 22).
6. We believe that legislation on demonstrations
is the only way to ensure that the police have adequate powers
to achieve the result intended by the Sessional Order. Without
such legislation, the Sessional Order is misleading; with such
legislation, it would be unnecessary (Paragraph 24).
7. Until the legislation comes into force, however,
we believe that it would be sensible to continue with a Sessional
Order, to reflect the House's concerns and to act as a marker
that it expects Members' access to Parliament to be maintained
as far as the existing law allows. (It would also act as an annual
reminder that the new legislation had not yet come into force.)
References to Westminster Hall and the precincts of the House
could, however, sensibly be removed from the Order, and it might
also be desirable to insert words to include the whole Parliamentary
estate, rather than just the House itself. We therefore suggest
that, until legislation is passed, the Order should take the following
form:
That the Commissioner of the Police of the Metropolis
do take care that the passages through the streets leading to
this House be kept free and open and that no obstruction be permitted
to hinder the passage of Members to and from this House during
the sitting of Parliament, or to hinder Members by any means in
the pursuit of their Parliamentary duties in the Parliamentary
Estate; and that the Serjeant at Arms attending this House do
communicate this Order to the Commissioner (Paragraph 25).
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