Vote Bundle Text (950127-08)

Amendments proposed to the Constitutional Reform Bill [Lords] - continued	House of Commons

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Mr Christopher Leslie

312

Clause 100, page 43, line 38, leave out 'Minister' and insert 'Lord Chancellor'.

Mr Christopher Leslie

313

Clause 101, page 44, line 26, leave out 'Minister' and insert 'Lord Chancellor'.

Mr Christopher Leslie

314

Clause 102, page 44, line 34, leave out 'Minister' and insert 'Lord Chancellor'.

Mr Christopher Leslie

315

Clause 102, page 44, line 37, leave out 'Minister' and insert 'Lord Chancellor'.

Mr Christopher Leslie

316

Clause 102, page 45, line 2, leave out 'Minister' and insert 'Lord Chancellor'.

Mr Christopher Leslie

317

Clause 103, page 45, line 11, leave out 'Minister' and insert 'Lord Chancellor'.

Mr Christopher Leslie

318

Clause 103, page 45, line 15, leave out 'Minister' and insert 'Lord Chancellor'.

Mr Christopher Leslie

319

Clause 114, page 50, leave out line 36.

Mr Christopher Leslie

320

Clause 115, page 50, line 40, leave out 'Minister' and insert 'Lord Chancellor'.

Mr Christopher Leslie

321

Clause 116, page 51, line 27, leave out 'Minister' and insert 'Lord Chancellor'.

Mr Christopher Leslie

Schedule 14, page 221, line 18, at end insert—

'Judicature (Northern Ireland) Act 1978 (c. 23)

(1)

Section 12B of the Judicature (Northern Ireland) Act 1978 as substituted by section 6 of the Justice (Northern Ireland) Act 2002 (c.26) is amended as follows.

(2)	In subsection (3)(b) at the end insert "or, if the Lord Chancellor is not a member of that House, by another Minister of the Crown at his request."

(3)	In subsections (4) and (5) for "Neither the Prime Minister nor the Lord Chancellor may make" substitute "The Prime Minister may not make, and the Lord Chancellor may not make or request the making of,".

(4)	In subsection (7) for the words from "and the Lord Chancellor" to the end substitute "and a person making such a motion in the House of Lords shall lay a copy of them before that House before making the motion."'.

Mr Oliver Heald
Mr Dominic Grieve
Mr Jonathan Djanogly

368

*Schedule 15, page 225, line 12, leave out from beginning to end of line 43 on page 226.

Mr Christopher Leslie

322

Clause 120, page 52, line 16, leave out 'Minister' and insert 'Lord Chancellor'.

Mr Oliver Heald
Mr Dominic Grieve
Mr Jonathan Djanogly

340

*Clause 120, page 52, line 25, leave out subsections (4) and (5).

Mr Christopher Leslie

323

Clause 120, page 52, line 26, leave out 'Minister' and insert 'Lord Chancellor'.

Mr Christopher Leslie

324

Clause 120, page 52, line 29, leave out 'Minister' and insert 'Lord Chancellor'.

REMAINING NEW CLAUSES

Supremacy of Parliament

Mr William Cash
Mr Richard Shepherd
Mr David Heathcoat-Amory
Mr Edward Leigh
Sir Nicholas Winterton
Mr Eric Forth

David Burnside

NC1

To move the following Clause:—

'(1) Notwithstanding the European Communities Act 1972 (c. 68), or any enactment amending that Act, nothing in this Act (including in particular section 4(7) and (8) and section 5(4) and (5)) shall be construed as overriding subsections (2) and (3) of this section.

(2) Community treaties, Community instruments and Community obligations shall be given effect in the United Kingdom only insofar as they do not conflict with an enactment to which subsection (3) applies.

(3) This subsection applies to any enactment which includes the words: "The provisions of this enactment shall take effect notwithstanding the provisions of the European Communities Act 1972.".

(4) In this section—

"Community instrument" has the same meaning as in Part 2 of Schedule 1 to the European Communities Act 1972;

"Community obligation" has the same meaning as in Part 2 of Schedule 1 to the European Communities Act 1972;

"Community treaties" has the same meaning as in section 1(2) of the European Communities Act 1972;

"enactment" means any Act passed by the Parliament of the United Kingdom or any statutory instrument made under such an Act.'.

Supremacy of Parliament (No. 2)

Mr William Cash
Mr Richard Shepherd
Mr David Heathcoat-Amory
Mr Edward Leigh
Sir Nicholas Winterton
Mr Eric Forth

David Burnside

NC2

To move the following Clause:—

'(1) Notwithstanding the European Communities Act 1972 (c. 68), or any enactment amending that Act or, if and when it comes into force, the European Union Act 2005, nothing in this Act (including in particular section 4(7) and (8) and section 5(4) and (5)) shall be construed as overriding subsections (2) and (3) of this section.

(3) This subsection applies to any enactment which includes the words:

"The provisions of this enactment shall take effect notwithstanding the provisions of the European Communities Act 1972 or, if and when it comes into force, the European Union Act 2005.".

(4) In this section—

"Community instrument" has the same meaning as in Part 2 of Schedule 1 to the European Communities Act 1972;

"Community obligation" has the same meaning as in Part 2 of Schedule 1 to the European Communities Act 1972;

"Community treaties" has the same meaning as in section 1(2) of the European Communities Act 1972;

"enactment" means any Act passed by the Parliament of the United Kingdom or any statutory instrument made under such an Act.'.

Supremacy of Parliament (No. 3)

Mr William Cash
Mr Richard Shepherd
Mr David Heathcoat-Amory
Mr Edward Leigh
Sir Nicholas Winterton
Mr Eric Forth

Mr Andrew Mitchell David Burnside

NC3

To move the following Clause:—

'(1) Notwithstanding the Human Rights Act 1988, or any enactment amending that Act, nothing in this Act (including in particular section 4(7) and (8) and section 5(4) and (5) shall be construed as overriding subsections (2) and (3) of this section.

(2) The European Convention on Human Rights shall be given effect in the United Kingdom only insofar as it does not conflict with an enactment to which subsection (3) applies.

(3) This subsection applies to any enactment which includes the words: "The provisions of this enactment shall take effect notwithstanding the provisions of the Human Rights Act 1998".

(4) In this section "enactment" means any Act passed by the Parliament of the United Kingdom or any statutory instrument made under such an Act.'.

The rule of law (No. 2)

Mr Oliver Heald
Mr Dominic Grieve
Mr Jonathan Djanogly

NC8

*To move the following Clause:—

'(1) Together with the sovereignty of Parliament, the rule of law shall continue to be a central principle of our constitution.

(2) The Lord Chancellor must use his best endeavours to ensure that the rule of law is respected.

(3) Nothing in this section shall make the duty of the Lord Chancellor under subsection (2) enforceable by law if it would not otherwise be so enforceable.'.

Mr Oliver Heald
Mr Dominic Grieve
Mr Jonathan Djanogly

369

*Title, line 2, leave out from second 'to' to 'to' in line 4 and insert 'make provision in relation to the appointment of Lords of Appeal in Ordinary'.

ORDER OF THE HOUSE [17th JANUARY 2005]

That the following provisions shall apply to the Constitutional Reform Bill [Lords]:

Committal

1. The following shall be committed to a Committee of the whole House—

(a)	Clauses 1 to 7, 20, 21, 37, 94, 95 and 105 to 109;

(b)	Schedule No. 8;

(c)	any new Clauses amending section 12 of the Justice (Northern Ireland) Act 2002;

(d)	any new Clauses relating to matters connected with the Supreme Court of the United Kingdom as reserved or excepted matters under the Northern Ireland Act 1998.

2. The remainder of the Bill shall be committed to a Standing Committee.

Proceedings in Committee

3. (1) Proceedings in Committee of the whole House shall be completed in two days.

(2) Those proceedings shall be taken on each of those days as shown in the following table and shall be taken in the order shown there.

(3) Proceedings on each of those days shall (so far as not previously concluded) be brought to a conclusion at the time specified in the second column of the Table.

(4) Standing Order No. 83B (Programming Committees) shall not apply to proceedings in Committee of the whole House.

TABLE

Proceedings	Time for conclusion of proceedings
	First day
Clauses Nos. 1, 4, 6 and 7	Three hours after the commencement of proceedings on the Bill
Clause No. 5, any new Clauses amending section 12 of the Justice (Northern Ireland) Act 2002, Clauses Nos. 2 and 3	The moment of interruption or three hours after the commencement of proceedings on Clause No. 5, whichever is the later
	Second day
Clauses Nos. 20 and 21, any new Clauses relating to matters connected with the Supreme Court of the United Kingdom as reserved or excepted matters under the Northern Ireland Act 1998, Clause No. 37, Schedule No. 8, Clause No. 109	Three hours after the commencement of proceedings on the Bill
Clauses Nos. 105 to 108, 94 and 95	The moment of interruption or three hours after the commencement of proceedings on Clause No. 105, whichever if the later

4. (1) Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 24th February 2005.

(2) The Standing Committee shall have leave to sit twice on the first day on which it meets.

5. When the provisions of the Bill considered, respectively, by the Committee of the whole House and by the Standing Committee have been reported to the House, the Bill shall be proceeded with as if it had been reported as a whole to the House from the Standing Committee.

Consideration and Third Reading

6. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

7. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

8. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

9. Any other proceedings on the Bill (including any proceedings on consideration of any Message from the Lords) may be programmed.

CONSTITUTIONAL REFORM BILL [LORDS] (PROGRAMME) (No. 2)

Mr Peter Hain
Mr Christopher Leslie
That the Programme Order of 17th January 2005 in relation to the Constitutional Reform Bill [Lords] be amended as follows:

1. For paragraphs 1, 2 and 3(1) there shall be substituted the following—

'1.	The Bill shall be committed to a Committee of the whole House.

2.	Proceedings in the Committee, any proceedings on consideration and proceedings on Third Reading shall be completed in three days.

3.—(l)

The following shall apply to proceedings in the Committee.'

2. In the Table, at the end there shall be inserted—

'Proceedings
Time for conclusion of
proceedings

Third day

Clauses Nos. 8 to 10, Schedule No. 1, Clause No. 11, Schedule No. 2, Clause No. 12, Schedule No. 3, Clause No. 13, Schedule No. 4, Clauses Nos. 14 and 15, Schedule No. 5, Clause No. 16, Schedule No. 6, Clauses Nos. 17 to 19, any remaining new Clauses relating to Part 2, any new Schedules relating to Part 2, Clauses Nos. 22 and 23, Schedule No. 7, Clauses Nos. 24 to 36 and 38 to 53, Schedule No. 9, Clause No. 54, any remaining new Clauses relating to Part 3, any new Schedules relating to Part 3, Clause No. 55, Schedule No. 10, Clause No. 56, Schedule No. 11, Clauses Nos. 57 to 74, Schedule No. 12, Clauses Nos. 75 to 93 and 96 to 104, any new Clauses relating to Part 4, any new Schedules relating to Part 4, Clause No. 110, Schedule No. 13, Clauses Nos. 111 to 117, Schedule No. 14, Clause No. 118, Schedule No. 15, Clauses Nos. 119 to 121, remaining new Clauses, remaining new Schedules, remaining proceedings on the Bill Five hours after the commencement of proceedings on the Bill'

3. For paragraphs 4 to 7 there shall be substituted—

'4.—(1)

This paragraph applies to any proceedings on consideration and proceedings on Third Reading (together referred to as "remaining proceedings").

(2)	Remaining proceedings shall (so far as not previously concluded) be brought to a conclusion—

(a)	at the moment of interruption on the third day, or

(b)	one and a half hours after the commencement of remaining proceedings,

whichever is the later.'.




©Parliamentary copyright 2005	Prepared 27 Jan 2005