Committee of the whole House: 1 July 2009

1046

Parliamentary Standards Bill, continued

NEW CLAUSES

Annual Financial Disclosure Statements: Members of Parliament

Mr David Drew

Ms Diane Abbott

Mr David Hamilton

David Taylor

Ms Katy Clark

Mr Dai Davies

Paul Flynn

nc1

To move the following Clause:—

‘(1)	This section applies without prejudice to any rules made by the IPSA pursuant to

section 5.

(2)	A person to whom this section applies must file an Annual Financial Disclosure

Statement, in a manner to be specified in regulations, providing the following

information—

(a)	copies of his tax returns for the last three years ending on 5 April prior to

the date of submission of the Annual Financial Disclosure Statement; and

(b)	details of any assets in the form of property or shares that he owns or

controls at the date of submission of the Annual Financial Statement.

(3)	This section applies to any member of the House of Commons and House of

Lords.’.

Financial Disclosure Statements: candidates

Mr David Drew

nc2

To move the following Clause:—

‘(1)	All persons to whom this section applies must publish, in the circumstances

prescribed by this section and in the manner to be specified in regulations the

following information—

(a)	his tax return for the last year ending 5 April prior to his declaration as a

candidate; and

(b)	details of any assets in the form of property or shares that he owns or

controls on the date of his declaration as a candidate.

(2)	This section applies to any candidate for election to the House of Commons who

spends more than £1000 on his election campaign.’.

Committee of the whole House: 1 July 2009

1047

Parliamentary Standards Bill, continued

Regulations

Mr David Drew

Ms Diane Abbott

Mr David Hamilton

David Taylor

Ms Katy Clark

Mr Dai Davies

Paul Flynn

nc3

To move the following Clause:—

‘(1)	Within 12 months of the passing of this Act the Secretary of State must lay before

parliament regulations specifying—

(a)	the method by which Annual Financial Disclosure Statements must be

filed;

(b)	the manner in which information required by section 5B is published;

(c)	the manner in which Annual Financial Disclosure Statements and any

information required by virtue of section 5B must be made public; and

(d)	any other relevant matters that the Secretary of State considers

appropriate.

(2)	Regulations made pursuant to this section shall be made by statutory instrument

and shall not be made unless a draft of the regulations has been laid before, and

approved by a resolution of each House of Parliament.’.

Code of conduct

Mr Alan Duncan

Mr Dominic Grieve

Mr Patrick McLoughlin

NC4

To move the following Clause:—

‘Nothing in this Act shall prevent the House of Commons from continuing to

have a code of conduct based on the Nolan general principles of public life.’.

Minimum requirements for fairness

Mr Andrew Dismore

Sir Alan Beith

Mr Graham Allen

NC5

To move the following Clause:—

‘The procedures referred to in subsection (5) of section 7 must, in particular,

provide a Member who is the subject of an investigation or complaint with—

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Parliamentary Standards Bill, continued

(a)	a prompt and clear statement of the precise allegations against the

Member;

(b)	adequate opportunity to take legal advice and have legal assistance

throughout;

(c)	the opportunity to be heard in person;

(d)	the opportunity to call relevant witnesses at the relevant time;

(e)	the opportunity to examine other witnesses;

(f)	the opportunity to attend meetings at which evidence is given, and to

receive transcripts of evidence.’.

Right of appeal

Mr Andrew Dismore

Mr Graham Allen

NC6

To move the following Clause:—

‘A Member of the House of Commons has a right of appeal to the Judicial

Committee of the Privy Council against any determination by IPSA or the House

of Commons which amounts to a determination of a criminal charge against the

Member or a determination of the Member’s civil rights and obligations within

the meaning of Article 6(1) ECHR.’.

Bill of Rights 1689

Mr William Cash

Mr Richard Shepherd

Mr Iain Duncan Smith

Sir George Young

Mr Peter Lilley

Mr John Redwood

Mr Desmond Swayne

Anne Main

Mr Douglas Carswell

Mr David Wilshire

Patrick Mercer

Sir Patrick Cormack

Mr Graham Brady

Mr David Drew

Mr Christopher Chope

Mr Brian Binley

Mr Edward Leigh

Mr Elfyn Llwyd

Mr Bernard Jenkin

Mr Desmond Swayne

Nadine Dorries

Mr Charles Walker

Sir Nicholas Winterton

Ann Winterton

Mr Peter Bone

Mr Philip Hollobone

Mr John Whittingdale

Mr David Heathcoat-Amory

Mr Greg Knight

Mr James Arbuthnot

Mark Fisher

Mr Oliver Heald

Mr Michael Ancram

Mr David Davis

Sir Michael Spicer

NC7

To move the following Clause:—

‘Notwithstanding any provision of the European Communities Act 1972, the

European Convention of Human Rights or the Human Rights Act 1998, nothing

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Parliamentary Standards Bill, continued

in this Act shall be construed by any court in the United Kingdom as affecting

Article IX of the Bill of Rights 1689.’.

Supremacy of Parliament

Mr William Cash

Mr Richard Shepherd

Mr Iain Duncan Smith

Sir George Young

Mr Peter Lilley

Mr John Redwood

Mr Desmond Swayne

Mr Graham Brady

Sir Patrick Cormack

Mr Greg Knight

Mr Christopher Chope

Patrick Mercer

Mr Douglas Carswell

Mr Charles Walker

Nadine Dorries

Mr David Heathcoat-Amory

Sir Nicholas Winterton

Ann Winterton

Mr Philip Hollobone

Mr Bernard Jenkin

Mr John Whittingdale

Mr Edward Leigh

Mr David Drew

Mr Elfyn Llwyd

Mark Fisher

Mr James Arbuthnot

Anne Main

Mr Brian Binley

Mr Peter Bone

Mr David Wilshire

Mr Michael Ancram

Sir Michael Spicer

NC8

To move the following Clause:—

‘Notwithstanding any provision of the European Communities Act 1972, the

European Convention of Human Rights or the Human Rights Act 1998, nothing

in this Act shall affect or be construed by any court in the United Kingdom as

affecting the supremacy of the United Kingdom Parliament.’.

Annual Financial Disclosure Statements: Members of Parliament (No. 2)

Mr David Drew

NC9

To move the following Clause:—

‘(1)	This section applies without prejudice to any rules made by the IPSA pursuant to

section 5.

(2)	A Member of the House of Commons must file an Annual Financial Disclosure

Statement, in a manner to be specified in regulations, providing the following

information—

(a)	copies of his tax returns for the last three years ending on 5 April prior to

the date of submission of the Annual Financial Disclosure Statement; and

(b)	details of any assets in the form of property or shares that he owns or

controls at the date of submission of the Annual Financial Statement.

(3)	Within 12 months of the passing of this Act the Secretary of State must lay before

Parliament regulations specifying—

Committee of the whole House: 1 July 2009

1050

Parliamentary Standards Bill, continued

(a)	the method by which Annual Financial Disclosure Statements must be

filed;

(b)	the manner in which information required by subsection (2) is published;

(c)	the manner in which Annual Financial Disclosure Statements and any

information required by virtue of subsection (2) must be made public;

and

(d)	any other relevant matters that the Secretary of State considers

appropriate.

(4)	Regulations made pursuant to this section shall be made by statutory instrument

and shall not be made unless a draft of the regulations has been laid before, and

approved by a resolution of, each House of Parliament.’.

Taxation etc

Mark Durkan

NC10

To move the following Clause:—

‘(1)	In administering House of Commons salaries the IPSA will make arrangements

for the deduction and payment of income tax and national insurance contributions

and provide Members with relevant details for return purposes.

(2)	In the context of administering the Members of Parliament’s allowances scheme

the IPSA will engage with HMRC on the appropriate tax treatment of property,

items or benefits funded or part-funded by the allowances scheme and shall

provide members with appropriate details for submission in their tax returns.

(3)	The IPSA shall provide general guidance to Members on relevant principles and

considerations of due parliamentary standards to be reflected in the preparation

and submission of their tax returns, in particular as they relate to property, items

or benefits funded or part-funded by the Members of Parliament’s allowances

scheme and such other costs as may be presented as work-related expenses in

connection with their role as a Member of Parliament.

(4)	The IPSA shall consult with HMRC in preparing and revising the guidance

referred to in subsection (3).

Fairness: Minimum requirements

Mr Andrew Dismore

NC11

To move the following Clause:—

‘The procedures referred to in subsection (5) of section 7 must, in particular,

provide a Member who is the subject of an investigation or complaint with—

(a)	a prompt and clear statement of the precise allegations against the

Member;

(b)	adequate opportunity to take legal advice and have legal assistance

throughout;

Committee of the whole House: 1 July 2009

1051

Parliamentary Standards Bill, continued

(c)	the opportunity to be heard in person;

(d)	the opportunity to call relevant witnesses at the relevant time;

(e)	the opportunity to examine other witnesses;

(f)	the opportunity to attend meetings at which evidence is given, and to

receive transcripts of evidence;

(g)	the benefit of a standard of proof of beyond reasonable doubt where the

allegation amounts to a criminal charge, and of the balance of

probabilities in all other cases.’.

Mr Alan Duncan

To move the following Preamble—

‘Whereas, for the proper representation of the people of the United Kingdom and the

effective functioning of Parliament, it is necessary that those elected as Members of the

House of Commons shall be able to fulfil their duties unrestrained and untrammelled by

any rules beyond those wholly necessary for them to behave with honesty and integrity;

and that the proceedings of Parliament, including free speech in debate and the protection

of witnesses before Committees of the House, shall be absolutely protected under Article

IX of the Bill of Rights 1689;’.

Parliamentary Standards Bill (Programme)

Ms Harriet Harman

That the following provisions shall apply to the Parliamentary Standards Bill:

Committal

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

Proceedings: general

2.	Proceedings in Committee, any proceedings on consideration and

proceedings on Third Reading shall be taken in two days in accordance with

the following provisions of this Order.

Proceedings in Committee

3.	In Committee, proceedings shall be taken in the following Order: Clause 1;

Schedules 1 to 3; Clauses 2 to 5; Clauses 11 to 14; Clauses 6 to 10; new

Clauses, new Schedules and remaining proceedings.

4.	Proceedings on Clause 1, Schedules 1 to 3, Clauses 2 to 5 and Clauses 11 to

14 shall (so far as not previously concluded) be brought to a conclusion at the

moment of interruption on the first day.

5.	Proceedings on Clauses 6 to 10, new Clauses, new Schedules, and remaining

proceedings shall (so far as not previously concluded) be brought to a

conclusion two hours before the moment of interruption on the second day.

Proceedings on consideration and Third Reading

6.	Any proceedings on consideration and proceedings on Third Reading shall

(so far as not previously concluded) be brought to a conclusion at the moment

of interruption on the second day.

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Parliamentary Standards Bill, continued

Programming committees

7.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

8.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

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Revised 1 July 2009