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Committee of the whole House: 30 June 2009              

1035

 

Parliamentary Standards Bill, continued

 
 

Minimum requirements for fairness

 

Mr Andrew Dismore

 

Sir Alan Beith

 

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—

 

(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

 

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

 

NC7

 

Parliamentary Star    

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 be construed by any court in the United Kingdom as affecting

 

Article IX of the Bill of Rights 1689.’.

 



 
 

Committee of the whole House: 30 June 2009              

1036

 

Parliamentary Standards Bill, continued

 
 

Supremacy of Parliament

 

Mr William Cash

 

Mr Richard Shepherd

 

NC8

 

Parliamentary Star    

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

 

Parliamentary Star    

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—

 

(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.’.

 



 
 

Committee of the whole House: 30 June 2009              

1037

 

Parliamentary Standards Bill, continued

 
 

Taxation etc

 

Mark Durkan

 

NC10

 

Parliamentary Star    

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).

 


 

Mr Alan Duncan

 

 

Parliamentary Star    

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;


 
 

Committee of the whole House: 30 June 2009              

1038

 

Parliamentary Standards Bill, continued

 
 

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.

 

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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