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Committee of the whole House Proceedings: 1st March 2005    

414

 

Constitutional Reform Bill[ [], continued

 
 

(4)    

A qualifying complainant is a complainant who claims to have been

 

adversely affected, as an applicant for selection or as a person selected

 

under this Part, by the maladministration complained of.”.’.

 


 

Complaints to the Commission or the Lord Chancellor

 

Mr Christopher Leslie

 

Added  NC35

 

To move the following Clause:—

 

‘After section 9B of the 2002 Act insert—

 

“9C    

Complaints to the Commission or the Lord Chancellor

 

(1)    

The Commission must make arrangements for investigating any

 

Commission complaint made to it.

 

(2)    

The Lord Chancellor must make arrangements for investigating any

 

departmental complaint made to him.

 

(3)    

Arrangements under this section need not apply to a complaint made

 

more than 28 days after the matter complained of.”.’.

 


 

Complaints to the Ombudsman

 

Mr Christopher Leslie

 

Added  NC36

 

To move the following Clause:—

 

‘After section 9C of the 2002 Act insert—

 

“9D    

Complaints to the Ombudsman

 

(1)    

Subsections (2) and (3) apply to a complaint which the complainant—

 

(a)    

has made to the Commission or Lord Chancellor in accordance

 

with arrangements under section 9C, and

 

(b)    

makes to the Ombudsman not more than 28 days after being

 

notified of the Commission’s or Lord Chancellor’s decision on

 

the complaint.

 

(2)    

If the Ombudsman considers that investigation of the complaint is not

 

necessary, he must inform the complainant.

 

(3)    

Otherwise he must investigate the complaint.

 

(4)    

The Ombudsman may investigate a complaint which the complainant—

 

(a)    

has made to the Commission or the Lord Chancellor in

 

accordance with arrangements under section 9C, and

 

(b)    

makes to the Ombudsman at any time.


 
 

Committee of the whole House Proceedings: 1st March 2005    

415

 

Constitutional Reform Bill[ [], continued

 
 

(5)    

The Ombudsman may investigate a transferred complaint made to him,

 

and no such complaint may be made under the Judicial Appointments

 

Order after the commencement of this section.

 

(6)    

The Judicial Appointments Order is the Judicial Appointments Order in

 

Council 2001, which sets out the functions of Her Majesty’s

 

Commissioners for Judicial Appointments.

 

(7)    

A transferred complaint is a complaint that lay to those Commissioners

 

(whether or not it was made to them) in respect of the application of

 

procedures for appointment to listed judicial offices before the

 

commencement of this section, but not a complaint that those

 

Commissioners had declined to investigate or on which they had

 

concluded their investigation.

 

(8)    

Any complaint to the Ombudsman under this section must be in a form

 

approved by him.”.’.

 


 

Report and recommendations

 

Mr Christopher Leslie

 

Added  NC37

 

To move the following Clause:—

 

‘After section 9D of the 2002 Act insert—

 

“9E    

Report and recommendations

 

(1)    

The Ombudsman must prepare a report on any complaint he has

 

investigated under section 9D.

 

(2)    

The report must state—

 

(a)    

what findings the Ombudsman has made;

 

(b)    

whether he considers the complaint should be upheld in whole or

 

part;

 

(c)    

if he does, what if any action he recommends should be taken by

 

the Commission or the Lord Chancellor as a result of the

 

complaint.

 

(3)    

The recommendations that may be made under subsection (2)(c) include

 

recommendations for the payment of compensation.

 

(4)    

Such a recommendation must relate to loss which appears to the

 

Ombudsman to have been suffered by the complainant as a result of

 

maladministration and not as a result of any failure to be appointed to an

 

office to which the complaint related.”.’.

 



 
 

Committee of the whole House Proceedings: 1st March 2005    

416

 

Constitutional Reform Bill[ [], continued

 
 

Report procedure

 

Mr Christopher Leslie

 

Added  NC38

 

To move the following Clause:—

 

‘After section 9E of the 2002 Act insert—

 

“9F    

Report procedure

 

(1)    

This section applies to a report under section 9E.

 

(2)    

The Ombudsman must submit a draft of the report—

 

(a)    

to the Lord Chancellor, and

 

(b)    

if the complaint was a Commission complaint, to the

 

Commission.

 

(3)    

In finalising the report the Ombudsman—

 

(a)    

must have regard to any proposal by the Lord Chancellor or the

 

Commission for changes in the draft report;

 

(b)    

must include in the report a statement of any such proposal not

 

given effect to.

 

(4)    

The report must be signed by the Ombudsman.

 

(5)    

If the complaint was a Commission complaint the Ombudsman must

 

send the report in duplicate to the Lord Chancellor and the Commission.

 

(6)    

Otherwise the Ombudsman must send the report to the Lord Chancellor.

 

(7)    

The Ombudsman must send a copy of the report to the complainant, but

 

that copy must not include information—

 

(a)    

which relates to an identified or identifiable individual other than

 

the complainant, and

 

(b)    

whose disclosure by the Ombudsman to the complainant would

 

(apart from this subsection) be contrary to section 9I.”.’.

 


 

References by the Lord Chancellor

 

Mr Christopher Leslie

 

Added  NC39

 

To move the following Clause:—

 

‘After section 9F of the 2002 Act insert—

 

“9G    

References by the Lord Chancellor

 

(1)    

If the Lord Chancellor refers to the Ombudsman any matter relating to

 

the procedures of the Commission or a committee of the Commission, the

 

Ombudsman must investigate it.

 

(2)    

The matter may relate to such procedures generally or in a particular case.

 

(3)    

The Ombudsman must report to the Lord Chancellor on any investigation

 

under this section.


 
 

Committee of the whole House Proceedings: 1st March 2005    

417

 

Constitutional Reform Bill[ [], continued

 
 

(4)    

The report must state—

 

(a)    

what findings the Ombudsman has made;

 

(b)    

what if any action he recommends should be taken by any person

 

in relation to the matter.

 

(5)    

The report must be signed by the Ombudsman.”.’.

 


 

Information

 

Mr Christopher Leslie

 

Added  NC40

 

To move the following Clause:—

 

‘After section 9G of the 2002 Act insert—

 

“9H    

Information

 

The Commission and the Lord Chancellor must provide the Ombudsman

 

with such information as he may reasonably require relating to the

 

subject matter of an investigation under section 9D or 9G.”.’.

 


 

Confidentiality in relation to judicial appointments and discipline

 

Mr Christopher Leslie

 

Added  NC41

 

To move the following Clause:—

 

‘After section 9H of the 2002 Act insert—

 

“9I    

Confidentiality in relation to judicial appointments and discipline

 

(1)    

A person who obtains confidential information, or to whom confidential

 

information is provided, under or for the purposes of a relevant provision

 

must not disclose it except with lawful authority.

 

(2)    

These are the relevant provisions—

 

(a)    

section 12, 12A and 12B of the Judicature (Northern Ireland) Act

 

1978 (c. 23) (appointment and removal of Lord Chief Justice,

 

Lords Justices of Appeal and judges of High Court);

 

(b)    

sections 3, 5, 7 and 9 to 9H of this Act (appointment and removal

 

of judicial officers, and appointment and removal of lay

 

magistrates);

 

(c)    

sections 106 and 107 of the Constitutional Reform Act 2005

 

(removal from judicial offices);

 

(d)    

section 16 of this Act (complaints about judicial officers);

 

(3)    

Information is confidential if it relates to an identified or identifiable

 

individual (a “subject”).


 
 

Committee of the whole House Proceedings: 1st March 2005    

418

 

Constitutional Reform Bill[ [], continued

 
 

(4)    

Confidential information is disclosed with lawful authority only if and to

 

the extent that any of the following applies—

 

(a)    

the disclosure is with the consent of each person who is a subject

 

of the information (but this is subject to subsection (5));

 

(b)    

the disclosure is for (and is necessary for) the exercise by any

 

person of functions under a relevant provision or a decision

 

whether to exercise them;

 

(c)    

the disclosure is required, under rules of court or a court order,

 

for the purposes of legal proceedings of any description.

 

(5)    

An opinion or other information given by one identified or identifiable

 

individual (A) about another (B)—

 

(a)    

is information that relates to both;

 

(b)    

must not be disclosed to B without A’s consent.

 

(6)    

This section does not prevent the disclosure with the agreement of the

 

Lord Chancellor and the Lord Chief Justice of information as to

 

disciplinary action taken in accordance with a relevant provision.

 

(7)    

This section does not prevent the disclosure of information which is

 

already, or has previously been, available to the public from other

 

sources.

 

(8)    

A contravention of this section in respect of any information is

 

actionable, subject to the defences and other incidents applying to actions

 

for breach of statutory duty.

 

(9)    

But it is actionable only at the suit of a person who is a subject of the

 

information.

 

Transfer of functions of justices of the peace”.’.

 


 

Supremacy of Parliament

 

Mr William Cash

 

Mr Richard Shepherd

 

Mr David Heathcoat-Amory

 

Mr Edward Leigh

 

Sir Nicholas Winterton

 

Mr Eric Forth

 

David Burnside

 

Not selected  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.


 
 

Committee of the whole House Proceedings: 1st March 2005    

419

 

Constitutional Reform Bill[ [], continued

 
 

(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

 

Not selected  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.

 

(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 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.’.

 



 
 

Committee of the whole House Proceedings: 1st March 2005    

420

 

Constitutional Reform Bill[ [], continued

 
 

Supremacy of Parliament (No. 3)

 

Mr William Cash

 

Mr Richard Shepherd

 

Mr David Heathcoat-Amory

 

Mr Edward Leigh

 

Sir Nicholas Winterton

 

Mr Eric Forth

 

David Burnside

 

Not selected  nc3

 

To move the following Clause:—

 

‘(1)    

Notwithstanding the Human Rights Act 1998, 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

 

Not called  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.’.

 


 

Remaining New Schedules

 

Mr Christopher Leslie

 

Added  Ns2

 

To move the following Schedule:—


 
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