cwh0103.400-406

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 1st March 2005
400

Constitutional Reform Bill–[ [], continued

(d)
section 97(4)(b).’.

Scotland

Mr Christopher Leslie

Added  NC29

To move the following Clause:—

‘(1)
In section 94, in relation to a judicial office holder who exercises functions

wholly or mainly in Scotland, references to the Lord Chief Justice are to be read

as references to the Lord President of the Court of Session.

(2)
Regulations under section 96 and rules under section 98 do not apply in relation

to a judicial office holder who exercises functions wholly or mainly in Scotland

unless they are made with the agreement of the Lord President of the Court of

Session.

(3)
In section 97(1)(f), (4)(b) and (5)(a) the references to the Lord Chief Justice

include references to the Lord President of the Court of Session.

(4)
In section 99(3), where the description of offices designated by the order is

limited to (or includes) offices in which the holder exercises functions wholly or

mainly in Scotland, the reference to the Lord Chief Justice is to be read as (or as

including) a reference to the Lord President of the Court of Session.

(5)
The Lord Chief Justice may by regulations provide for sections (Applications to

the Ombudsman) to (References to the Ombudsman relating to conduct) to apply

in relation to judicial office holders who exercise functions wholly or mainly in

Scotland—

(a)
as if in section (Applications to the Ombudsman)(8)(b) the reference to

the Lord Chief Justice were a reference to the Lord President of the Court

of Session, and

(b)
with any other modifications specified in the regulations.

(6)
Regulations under subsection (5) may be made only with the agreement of the

Lord Chancellor and the Lord President of the Court of Session.

(7)
The Lord President of the Court of Session may nominate a judge of the Court of

Session who is a member of the First or Second Division of the Inner House of

that Court to exercise any of his functions under the relevant sections.

(8)
The relevant sections under subsection (7) are—

(a)
section 94(3) to (7);

(b)
section (Review by the Ombudsman) (2);

(c)
section (Reports on reviews);

(d)
section 97(4)(b).’.

Northern Ireland

Mr Christopher Leslie

Added  NC30

To move the following Clause:—

Committee of the whole House Proceedings: 1st March 2005
401

Constitutional Reform Bill–[ [], continued

‘(1)
In section 94, in relation to a judicial office holder who exercises functions

wholly or mainly in Northern Ireland, references to the Lord Chief Justice are to

be read as references to the Lord Chief Justice of Northern Ireland.

(2)
Regulations under section 96 and rules under section 98 do not apply in relation

to a judicial office holder who exercises functions wholly or mainly in Northern

Ireland, unless they are made with the agreement of the Lord Chief Justice of

Northern Ireland.

(3)
In section 97(1)(f), (4)(b) and (5)(a) the references to the Lord Chief Justice

include references to the Lord Chief Justice of Northern Ireland.

(4)
In section 99(3), where the description of offices designated by the order is

limited to (or includes) offices in which the holder exercises functions wholly or

mainly in Northern Ireland, the reference to the Lord Chief Justice is to be read

as (or as including) a reference to the Lord Chief Justice of Northern Ireland.

(5)
The Lord Chief Justice may by regulations provide for sections (Applications to

the Ombudsman) to (References to the Ombudsman relating to conduct) to apply

in relation to judicial office holders who exercise functions wholly or mainly in

Northern Ireland—

(a)
as if in section (Applications to the Ombudsman)(8)(b) the reference to

the Lord Chief Justice were a reference to the Lord Chief Justice of

Northern Ireland, and

(b)
with any other modifications specified in the regulations.

(6)
Regulations under subsection (5) may be made only with the agreement of the

Lord Chancellor and the Lord Chief Justice of Northern Ireland.

(7)
The Lord Chief Justice of Northern Ireland may nominate any of the following to

exercise any of his functions under the relevant sections—

(a)
the holder of one of the offices listed in Schedule 1 to the Justice

(Northern Ireland) Act 2002 (c. 26);

(b)
a Lord Justice of Appeal (as defined in section 88 of that Act).

(8)
The relevant sections under subsection (7) are—

(a)
section 94(3) to (7);

(b)
section (Review by the Ombudsman) (2);

(c)
section (Reports on reviews);

(d)
section 97(4)(b).’.

Encouragement of diversity

Keith Vaz

Peter Bottomley

Mr Hilton Dawson

Ross Cranston

Dr Alan Whitehead

Agreed to on division  NC42

To move the following Clause:—

‘(1)
The Commission, in performing its functions under this Part, must have regard to

the need to encourage diversity in the range of persons available for selection for

appointments.

Committee of the whole House Proceedings: 1st March 2005
402

Constitutional Reform Bill–[ [], continued

(2)
This section is subject to section 57.’.

Mr Christopher Leslie

Agreed to  466

Clause  112,  page  50,  line  23,  after ‘16’, insert ‘, 18’.

Clause, as amended, Agreed to.

Clause 113 Agreed to.

Mr Christopher Leslie

Agreed to  319

Clause  114,  page  50,  leave out line 36.

Clause, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  320

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

Mr Christopher Leslie

Agreed to  663

Clause  115,  page  51,  line  18,  at end insert—

‘(c)
amend or repeal an enactment or subordinate legislation, whenever

passed or made, in consequence of section (Renaming of Supreme Courts

of England and Wales and Northern Ireland).’.

Clause, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  321

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

Mr Christopher Leslie

Agreed to  638

Clause  116,  page  51,  line  30,  at end insert—

‘(2A)
Regulations under section 96, (Scotland)(5) or (Northern Ireland)(5) are to be

made in the form of a statutory instrument to which the Statutory Instruments Act

1946 (c. 36) applies as if the regulations were made by a Minister of the Crown.’.

Committee of the whole House Proceedings: 1st March 2005
403

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  467

Clause  116,  page  51,  line  40,  after paragraph (b) insert—

‘(ba)
an order under section 16(1) which amends subordinate legislation of

which a draft was required to be laid before and approved by a resolution

of each House of Parliament, except where the only such amendment

consists of provision that falls within subsection (2)(b) of section 16;’.

Clause, as amended, Agreed to.

Clause 117 Agreed to.

Mr Christopher Leslie

Agreed to  468

Schedule  14,  page  217,  line  6,  at end insert—

‘Parliamentary Commissioner Act 1967 (c. 13)

11A      (1)
The Parliamentary Commissioner Act 1967 is amended as follows.

      (2)
In section 5 (matters subject to investigation) in subsection (6) for “Lord

Chancellor’s Department” substitute “Department for Constitutional

Affairs”.

      (3)
In Schedule 2 (departments etc. subject to investigation) in the note

relating to the Department for Constitutional Affairs omit “the Lord

Chancellor’s Department and”.

      (4)
In Schedule 3 (matters not subject to investigation) at the end insert—

“12(1)
Action not otherwise within this Schedule which is taken in the

course of administrative functions exercised at the direction, or on

the authority (whether express or implied), of a judge of any court

established under the law of England and Wales or Northern

Ireland.

      (2)
In this paragraph “judge” includes—

(a)
a person appointed under section 89 of, and Part 2 or 3 of

Schedule 2 to, the Supreme Court Act 1981, and

(b)
a Master or District Judge appointed under section 70 of,

and Schedule 3 to, the Judicature (Northern Ireland) Act

1978.”

Patronage (Benefices) Measure 1986 (No. 3)

11B
Section 36 of the Patronage (Benefices) Measure 1986 ceases to have effect.

Priests (Ordination of Women) Measure 1993 (No. 2)

11C      (1)
The Priests (Ordination of Women) Measure 1993 is amended as follows.

      (2)
Omit section 2(4)(c) (notice of declaration by Bishop to be given to Lord

Chancellor).

      (3)
In section 7(1) (benefices in the patronage of the Crown etc), omit the

words from “and to” to “Lord Chancellor”.’.

Committee of the whole House Proceedings: 1st March 2005
404

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  469

Schedule  14,  page  217,  line  18,  at end insert—

‘Railway and Canal Traffic Act 1888 (c. 25)


Section 17(5) of the Railway and Canal Traffic Act 1888 ceases to have effect.’.

Mr Christopher Leslie

Agreed to  470

Schedule  14,  page  221,  line  6,  leave out paragraph 30 and insert—


‘In Schedule 4 to the Nationality, Immigration and Asylum Act 2002 (the Asylum

and Immigration Tribunal) (as inserted by the Asylum and Immigration

(Treatment of Claimants, etc) Act 2004), in paragraph 5(1)(a) (President of the

Asylum and Immigration Tribunal) for “the Appellate Jurisdiction Act 1859 (c.

59)” substitute “Part 3 of Constitutional Reform Act 2005 or who is or has been

a member of the Judicial Committee of the Privy Council”.’.

Mr Christopher Leslie

Agreed to  16

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) (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.”’.

Schedule, as amended, Agreed to.

Clause 118 Agreed to.

Mr Christopher Leslie

Agreed to  471

Schedule  15,  page  222,  leave out line 1.

Mr Christopher Leslie

Agreed to  472

Schedule  15,  page  222,  line  26,  at end insert—

‘Pluralities Act 1838 (c. 106)
In section 126 “or persons”.

In section 128 “or persons” in the second place.

Ecclesiastical Leasing Act 1842 (c.
In section 22 “or persons”.’.

108)

Committee of the whole House Proceedings: 1st March 2005
405

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  563

Schedule  15,  page  222,  line  29,  column 2, at end insert—

‘Section 18(2).’

Mr Christopher Leslie

Agreed to  564

Schedule  15,  page  222,  line  30,  at end insert—

‘Pensions Appeal Tribunals Act
Section 13.

1943 (c. 39)

Section 14.’.

Mr Christopher Leslie

Agreed to  565

Schedule  15,  page  222,  line  34,  at end insert—

‘Land Powers (Defence) Act 1958
In Schedule 2, paragraphs 10 and 11.’.

(c. 30)

Mr Christopher Leslie

Agreed to  473

Schedule  15,  page  222,  line  37,  at end insert—

‘Parliamentary Commissioner Act
In Schedule 2 in the note relating to the Department

1967 (c. 13)
for Constitutional Affairs “the Lord Chancellor’s

Department and”.’.

Mr Christopher Leslie

Agreed to  566

Schedule  15,  page  222,  line  37,  at end insert—

‘Transport Act 1962 (c. 46)
In Schedule 11, paragraph 10.’.

Mr Christopher Leslie

Agreed to  474

Schedule  15,  page  222,  line  38,  column 2, at beginning insert—

‘In section 24(1)—

(a)
“, he may”;

(b)
in paragraph (a) “or” in the last place where

it occurs.’.

Committee of the whole House Proceedings: 1st March 2005
406

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  567

Schedule  15,  page  223,  line  6,  at end insert—

‘Pensions Appeal Tribunals
Article 10(b) and (c).

(Posthumous Appeals) Order

1980 (S.I. 1980/1082)

Article 11(b) and (c).’.

Mr Christopher Leslie

Agreed to  475

Schedule  15,  page  223,  line  19,  column 2, at end insert—

‘In section 11(1) “except the Lord Chancellor”.’.

Mr Christopher Leslie

Agreed to  476

Schedule  15,  page  223,  column 2, leave out line 25.

Mr Christopher Leslie

Agreed to  477

Schedule  15,  page  223,  column 2, leave out lines 41 to 43 and insert—

‘In Schedule 2, in paragraph 1(b) and (c) “after

consultation with the Secretary of State”.’.

Mr Christopher Leslie

Agreed to  478

Schedule  15,  page  223,  line  43,  at end insert—

‘Pastoral Measure 1983 (No. 1)
In section 81(2)—

(a)
in paragraph (a) the words from “, or a” to

“books” and “last-mentioned”;

(b)
paragraph (b).’.

Mr Christopher Leslie

Agreed to  568

Schedule  15,  page  223,  line  50,  at end insert—

‘Finance Act 1988 (c. 39)
Section 134(4).’

Mr Christopher Leslie

Agreed to  569

Schedule  15,  page  224,  line  5,  column  2,  at beginning insert—

‘Section 6(9).’