cwh0103.386-392

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 1st March 2005
386

Constitutional Reform Bill–[ [], continued

(No. 3))(2)’.

Mr Christopher Leslie

Agreed to  617

Clause  83,  page  36,  line  18,  at end insert—

‘(ba)
section (Duty to identify persons for future requests)(3);’.

Mr Christopher Leslie

Agreed to  618

Clause  83,  page  36,  line  19,  leave out paragraph (c) and insert—

‘(c)
section (Withdrawal and modification of requests)(2)(a), (b) or (c);

(d)
section (Effect of acceptance of selection)(4)(a).’.

Clause, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  285

Clause  84,  page  36,  line  30,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  286

Clause  84,  page  36,  line  32,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  287

Clause  84,  page  36,  line  35,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  288

Clause  84,  page  37,  line  4,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  289

Clause  85,  page  37,  line  17,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  290

Clause  86,  page  37,  line  27,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Committee of the whole House Proceedings: 1st March 2005
387

Constitutional Reform Bill–[ [], continued

Clause, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  291

Clause  87,  page  37,  line  33,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  292

Clause  87,  page  37,  line  36,  leave out ‘Minister’s’ and insert ‘Lord Chancellor’s’.

Mr Christopher Leslie

Agreed to  293

Clause  87,  page  38,  line  2,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  294

Clause  88,  page  38,  line  25,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  295

Clause  89,  page  38,  line  35,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  296

Clause  89,  page  38,  line  38,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  297

Clause  89,  page  39,  line  2,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  298

Clause  89,  page  39,  line  3,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

Committee of the whole House Proceedings: 1st March 2005
388

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  299

Clause  90,  page  39,  line  11,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  300

Clause  90,  page  39,  line  15,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  301

Clause  91,  page  39,  line  23,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

Clause 92 Agreed to.

Mr Christopher Leslie

Agreed to  302

Clause  93,  page  40,  line  17,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  303

Clause  96,  page  42,  line  17,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  626

Clause  96,  page  42,  line  18,  after ‘in’, insert ‘— (a)’.

Mr Christopher Leslie

Agreed to  627

Clause  96,  page  42,  line  21,  leave out subsections (2) and (3) and insert—

‘(b)
reviews and investigations (including the making of applications or

references) under sections (Applications to the Ombudsman) to (Reports

on reviews).’.

Clause, as amended, Agreed to.

Committee of the whole House Proceedings: 1st March 2005
389

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  628

Clause  97,  page  42,  line  27,  leave out ‘96’ and insert ‘96(a)’.

Mr Christopher Leslie

Agreed to  304

Clause  97,  page  42,  line  39,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  305

Clause  97,  page  43,  line  6,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  629

Clause  97,  page  43,  line  7,  leave out subsection (3).

Mr Christopher Leslie

Agreed to  630

Clause  97,  page  43,  line  9,  leave out ‘the regulations’ and insert ‘regulations under

section 96(a)’.

Mr Christopher Leslie

Agreed to  307

Clause  97,  page  43,  line  14,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  631

Clause  97,  page  43,  line  16,  leave out ‘The regulations may’ and insert—

‘( )
Regulations under section 96 may—

(a)
provide for any prescribed requirement not to apply if the Lord Chief

Justice and the Lord Chancellor so agree;

(b)
’.

Clause, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  308

Clause  98,  page  43,  line  21,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  632

Clause  98,  page  43,  line  24,  after ‘section’, insert ‘94(7) or (8) or’.

Mr Christopher Leslie

Agreed to  309

Clause  98,  page  43,  line  26,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Committee of the whole House Proceedings: 1st March 2005
390

Constitutional Reform Bill–[ [], continued

Clause, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  310

Clause  99,  page  43,  line  28,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  311

Clause  99,  page  43,  line  30,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

Mr Christopher Leslie

Not selected  633

Page  43,  line  35,  leave out Clause 100.

Clause Disagreed to.

Mr Christopher Leslie

Not selected  634

Page  44,  line  19,  leave out Clause 101.

Clause Disagreed to.

Mr Christopher Leslie

Not selected  635

Page  44,  line  31,  leave out Clause 102.

Clause Disagreed to.

Mr Christopher Leslie

Not selected  636

Page  45,  line  9,  leave out Clause 103.

Committee of the whole House Proceedings: 1st March 2005
391

Constitutional Reform Bill–[ [], continued

Clause Disagreed to.

Mr Christopher Leslie

Agreed to  619

Clause  104,  page  45,  line  33,  at end insert—

‘“High Court” means the High Court in England and Wales;’.

Mr Christopher Leslie

Agreed to  620

Clause  104,  page  45,  line  38,  at end insert—

‘“Lord Justice of Appeal” means a Lord Justice of Appeal in England and

Wales;’.

Mr Christopher Leslie

Agreed to  637

Clause  104,  page  46,  line  1,  after ‘or’ insert ‘, subject to section 98(2),’

Mr Christopher Leslie

Agreed to  621

Clause  104,  page  46,  line  2,  at end insert—

‘“vacancy” in relation to an office to which one of sections (Duty to fill

vacancies), (Duty to fill vacancies (No. 2)) and (Duty to fill vacancies

(No. 3)) applies, means a vacancy arising on a holder of the office

vacating it at any time after the commencement of that section.’.

Clause, as amended, Agreed to.

New Clauses Relating to Part 4

Duty to fill vacancies

Mr Christopher Leslie

Added  NC11

To move the following Clause:—

‘(1)
The Lord Chancellor must make a recommendation to fill any vacancy in the

office of Lord Chief Justice.

(2)
The Lord Chancellor must make a recommendation to fill any vacancy in any

other office listed in section 60(1).

(3)
Subsection (2) does not apply to a vacancy while the Lord Chief Justice agrees

that it may remain unfilled.’.

Committee of the whole House Proceedings: 1st March 2005
392

Constitutional Reform Bill–[ [], continued

Request for selection

Mr Christopher Leslie

Added  NC12

To move the following Clause:—

‘(1)
The Lord Chancellor may make a request to the Commission for a person to be

selected for a recommendation to which this section applies.

(2)
Before making a request the Lord Chancellor must consult the Lord Chief Justice.

(3)
Subsection (2) does not apply where the office of Lord Chief Justice is vacant or

where the Lord Chief Justice is incapacitated for the purposes of section

(Functions of the Lord Chief Justice during vacancy or incapacity) (functions

during vacancy or incapacity).’.

(4)
Sections 61 to 66 apply where the Lord Chancellor makes a request under this

section.

(5)
Those sections are subject to section (Withdrawal and modification of requests)

(withdrawal and modification of requests).’.

Duty to fill vacancies (No. 2)

Mr Christopher Leslie

Added  NC13

To move the following Clause:—

‘(1)
The Lord Chancellor must make a recommendation to fill any vacancy in the

office of Lord Justice of Appeal.

(2)
Subsection (1) does not apply to a vacancy while the Lord Chief Justice agrees

that it may remain unfilled.’.

Request for selection (No. 2)

Mr Christopher Leslie

Added  NC14

To move the following Clause:—

‘(1)
The Lord Chancellor may make a request to the Commission for a person to be

selected for a recommendation for appointment as a Lord Justice of Appeal.

(2)
Before making a request the Lord Chancellor must consult the Lord Chief Justice.

(3)
A request may relate to more than one recommendation.

(4)
Sections 68 to 73 apply where the Lord Chancellor makes a request under this

section.

(5)
Those sections are subject to section (Withdrawal and modification of requests)

(withdrawal and modification of requests).’.