House of Commons Public Bill Committee Proceedings

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Session 2008 - 09
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Other Bills before Parliament

471

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Wednesday 4 November 2009

Committee of the whole House

Proceedings

Constitutional Reform and Governance Bill

[Second Day]

Secretary Jack Straw

Agreed to  90

Clause  33,  page  16,  line  28,  leave out lines 28 to 30 and insert—

‘(2F)
In subsection (2D) “rule” has the same meaning as it has in section 7(5) of the

Human Rights Act 1998.”.’.

Clause, as amended, Agreed to.

Secretary Jack Straw

Agreed to  91

Clause  34,  page  17,  line  12,  leave out lines 12 to 14 and insert—

‘(3C)
In subsection (3A) “rule” has the same meaning as it has in section 7(5) of the

Human Rights Act 1998.”.’.

Clause, as amended, Agreed to.

New Clause Relating to Part 5

Time limit for human rights actions against Scottish Ministers etc

Secretary Jack Straw

Added  NC43

To move the following Clause:—

‘(1)
In section 100 of the Scotland Act 1998 (c. 46) the following (as inserted by the

Convention Rights Proceedings (Amendment) (Scotland) Act 2009 (asp 11)) are

omitted—

(a)
subsections (3A) to (3E);

(b)
in subsection (4), the words “Subject to subsection (3D),”.

Committee of the whole House Proceedings: 4 November 2009
472

Constitutional Reform and Governance Bill, continued

(2)
The Convention Rights Proceedings (Amendment) (Scotland) Act 2009 (asp 11)

is repealed.

(3)
Omit paragraph 4A of Schedule 4 to the Scotland Act 1998 (c. 46).

(4)
The Scotland Act 1998 (Modification of Schedule 4) Order 2009 is revoked.

(5)
Subsections (1) to (4) above do not apply to any proceedings brought before this

section comes into force.

(6)
After subsection (3) of section 100 of the Scotland Act 1998 (c. 46) insert—

“(3A)
Subsection (3B) applies to any proceedings brought by virtue of this Act

against the Scottish Ministers or a member of the Scottish Executive in a

court or tribunal on the ground that an act of the Scottish Ministers or a

member of the Scottish Executive is incompatible with the Convention

rights.

(3B)
Proceedings to which this subsection applies must be brought before the

end of—

(a)
the period of one year beginning with the date on which the act

complained of took place, or

(b)
such longer period as the court or tribunal considers equitable

having regard to all the circumstances,


but that is subject to any rule imposing a stricter time limit in relation to

the procedure in question.

(3C)
Subsection (3B) does not apply to proceedings brought by the Lord

Advocate, the Advocate General, the Attorney General, the Attorney

General for Northern Ireland or the Advocate General for Northern

Ireland.

(3D)
In subsections (3A) and (3B) “act” does not include the making of any

legislation but it does include any other act or failure to act (including a

failure to make legislation).

(3E)
In subsection (3B) “rule” has the same meaning as it has in section 7(5)

of the Human Rights Act 1998.”

(7)
In subsection (4) of that section at the beginning insert “Subject to subsection

(3D),”.

(8)
Subsections (6) and (7) above apply to any proceedings brought after this section

comes into force (including proceedings in respect of an act taking place before

this section comes into force).’.

Clause 35 Agreed to.

Schedule 5 Agreed to.

Clause 36 Agreed to.

Committee of the whole House Proceedings: 4 November 2009
473

Constitutional Reform and Governance Bill, continued

New Clauses Relating to Part 6

Salary protection for office holders in Northern Ireland

Secretary Jack Straw

Added  NC23

To move the following Clause:—

‘(1)
A person’s salary determined under any of the following provisions may be

increased, but not reduced, by further determinations.

(2)
The provisions are—

(a)
section 106(1) of the County Courts Act (Northern Ireland) 1959 (c. 25

(N.I.));

(b)
section 12(1) of the Magistrates’ Courts Act (Northern Ireland) 1964 (c.

21 (N.I.)) as it applies in relation to persons appointed under section 9(1)

of that Act.

(3)
Subsection (5) applies if, in accordance with the terms of a person’s appointment,

the person is to be paid a salary (as opposed to fees) under any of the following

provisions.

(4)
The provisions are—

(a)
section 2(1) of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) as

it applies in relation to the remuneration of coroners (but not deputy

coroners);

(b)
section 70 of the Judicature (Northern Ireland) Act 1978 (c. 23);

(c)
paragraph 2 of Schedule 4 to the Child Support Act 1991 (c. 48) as it

applies in relation to persons appointed under section 23(1) of that Act;

(d)
paragraph 7 of Schedule 2 to the Social Security Administration

(Northern Ireland) Act 1992 (c. 8) as it applies in relation to persons

appointed under section 50(1) of that Act.

(5)
Under the provision in question the person’s salary—

(a)
must be determined and paid accordingly;

(b)
may be increased, but not reduced, by further determinations.’.

Lords Justices of Appeal

Mr Dominic Grieve

Mr Henry Bellingham

Mrs Eleanor Laing

Withdrawn  NC20

To move the following Clause:—

‘(1)
The Constitutional Reform Act 2005 is amended as follows.

(2)
Omit sections 76 to 84.’.

Committee of the whole House Proceedings: 4 November 2009
474

Constitutional Reform and Governance Bill, continued

Chief executive of the Supreme Court

Mr Dominic Grieve

Mr Henry Bellingham

Mrs Eleanor Laing

Withdrawn  NC21

To move the following Clause:—

‘(1)
The Constitutional Reform Act 2005 is amended as follows.

(2)
Omit section 48.

(3)
Omit subsection (2) of section 49.

(4)
In subsection (1) of section 51, for “chief executive” substitute “President”.

(5)
In subsection (1) of section 54, for “chief excecutive” substitute “President”.’.

Written tests by the Judicial Appointments Commission

Mr Dominic Grieve

Mr Henry Bellingham

Mrs Eleanor Laing

Negatived on division  NC22

To move the following Clause:—

‘(1)
Section 88 of the Consitutional Reform Act 2005 is amended as follows.

(2)
After subsection (5) insert—

“(6)
At no stage during any selection procedure may the Commission apply

any written tests.”’.

Kelvin Hopkins

Not selected  69

Clause  37,  page  18,  line  16,  leave out ‘To do’ and insert ‘In doing’.

Kelvin Hopkins

Not selected  70

Clause  37,  page  18,  line  16,  leave out ‘have’ and insert ‘report whether he has’.

Kelvin Hopkins

Withdrawn  68

Clause  37,  page  18,  line  19,  at end add—

‘(9)
The principal function of the Comptroller and Auditor General is to further the

purposes of national audit set out in section [Purpose of Part 7] by way of

investigation and report.’.

Committee of the whole House Proceedings: 4 November 2009
475

Constitutional Reform and Governance Bill, continued

Clause Agreed to.

Kelvin Hopkins

Not called  78

Clause  38,  page  19,  line  2,  at end insert—

‘(6A)
The Comptroller and Auditor General shall also have discretion to examine the

accounts of any organisation supplying goods or services paid for out of public

funds, which within any one contract, or any one financial year, exceed a sum to

be determined from time to time by statutory instrument.’.

Clause Agreed to.

Clause 39 Agreed to.

Kelvin Hopkins

Not selected  71

Clause  40,  page  19,  line  39,  leave out ‘receive a remuneration package’ and insert

‘be remunerated by means of a salary and pension provision’.

Kelvin Hopkins

Not selected  72

Clause  40,  page  19,  line  41,  leave out subsection (2).

Kelvin Hopkins

Not selected  73

Clause  40,  page  20,  line  1,  leave out ‘P’s package’ and insert ‘the arrangements for

P’s remuneration’.

Kelvin Hopkins

Not selected  74

Clause  40,  page  20,  line  6,  leave out ‘package’ and insert ‘remuneration’.

Kelvin Hopkins

Not selected  75

Clause  40,  page  20,  line  7,  leave out ‘package’ and insert ‘remuneration’.

Kelvin Hopkins

Not selected  76

Clause  40,  page  20,  line  10,  leave out ‘package’ and insert ‘remuneration’.

Kelvin Hopkins

Not selected  77

Clause  40,  page  20,  line  16,  leave out from first ‘in’ to ‘that’ in line 17 and insert

‘P’s remuneration, including, in the case of remuneration’.

Committee of the whole House Proceedings: 4 November 2009
476

Constitutional Reform and Governance Bill, continued

Mr Francis Maude

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Gauke

Negatived on division  57

Clause  40,  page  20,  line  20,  at end insert—

‘(10)
All remuneration, allowances and expenses in relation to P must be published

monthly online.’.

Clause Agreed to.

Clause 41 Agreed to.

David Howarth

Mr David Heath

Withdrawn  29

Clause  42,  page  20,  line  33,  leave out ‘specified person’ and insert ‘Advisory

Committee on Public Appointments’.

David Howarth

Mr David Heath

Not called  30

Clause  42,  page  20,  line  35,  leave out subsection (3).

David Howarth

Mr David Heath

Not called  31

Clause  42,  page  20,  line  36,  leave out subsection (4).

Clause Agreed to.

Clause 43 Agreed to.

Schedule 6 Agreed to.

Clause 44 Agreed to.

Schedule 7 Agreed to.

Secretary Jack Straw

Agreed to  41

Clause  45,  page  21,  line  25,  leave out ‘must’ and insert ‘and the Comptroller and

Auditor General must jointly’.

Committee of the whole House Proceedings: 4 November 2009
477

Constitutional Reform and Governance Bill, continued

Mr Francis Maude

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Gauke

Not selected  58

Clause  45,  page  21,  line  37,  at end insert—

‘(7)
The NAO shall publish online details of all items of expenditure greater than

£25,000.’.

Clause, as amended, Agreed to.

Clauses 46 to 49 Agreed to.

Schedule 8 Agreed to.

Secretary Jack Straw

Agreed to  42

Schedule  9,  page  71,  line  20,  at end insert—

‘Government of Wales Act 2006 (c. 32)

22A
In paragraphs 5 and 8 of Schedule 5 after “Comptroller and Auditor General”

insert “or the National Audit Office”.’.

Schedule, as amended, Agreed to.

New Clauses Relating to Part 7

Powers of National Assembly for Wales: Auditor General for Wales

Secretary Jack Straw

Added  NC24

To move the following Clause:—

‘(1)
Schedule 5 to the Government of Wales Act 2006 (c. 32) is amended as follows.

(2)
In Part 1, under Field 14, insert—

“Matter 14.1

    (1)
The following aspects of the Auditor General’s terms of

appointment—

(a)
the period of the appointment;

(b)
salary, allowances and superannuation benefits;

(c)
pensions and gratuities payable after a person has ceased to

hold the office.

      (2)
The number of times a person may be appointed to the office of

Auditor General.