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Parliamentary Standards Bill |
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[The page and line references are to HL Bill 60, the bill as first printed for the Lords.] |
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1 | Insert the following new Clause— |
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| Nothing in this Act shall be construed by any court in the United Kingdom |
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| as affecting Article IX of the Bill of Rights 1689.” |
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2 | Insert the following new Clause— |
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| (1) | Nothing in this Act shall affect the House of Lords. |
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| (2) | But that is subject to— |
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| (a) | section (Expiry of provisions of the Act)(5), |
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| (b) | paragraphs 5(3) and (4), 16(2), 22(1), 24(2)(b) and 25(1) of Schedule |
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| (c) | paragraphs 4(2) and 8(1) of Schedule 2.” |
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3 | Page 1, line 12, at end insert “(“the Committee”)” |
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4 | Page 2, line 2, leave out “(as to which see further section 7)” |
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5 | Page 2, line 11, at end insert— |
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| “( ) | the Speaker of the House of Commons,” |
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6 | Page 2, line 14, leave out paragraph (c) |
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7 | Page 2, line 30, at end insert— |
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| “(7A) | The scheme may provide for allowances to be payable in connection with |
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| a person’s ceasing to be a member of the House of Commons; and |
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| references in this Act to the payment of an allowance to a member are to be |
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8 | Page 2, line 33, at end insert— |
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| “( ) | In section 3A(1) of the European Parliament (Pay and Pensions) Act 1979 |
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| (c. 50) (power to make order aligning MEPs’ resettlement grants with MPs’ |
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| resettlement grants), after “resolutions of the House of Commons” insert “, |
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| or a scheme under section 3 of the Parliamentary Standards Act 2009,”.” |
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9 | Page 3, line 15, leave out from “is” to “to” in line 16 |
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10 | Insert the following new Clause— |
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| “Information and guidance about taxation |
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| (1) | The IPSA must provide to members of the House of Commons— |
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| (a) | details of any general information or guidance about taxation issues |
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| published by HMRC that it considers they should be aware of, and |
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| (b) | any other general information or guidance about taxation issues |
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| that it considers appropriate (consulting HMRC for this purpose as |
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| it considers appropriate). |
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| (2) | “Taxation issues” means— |
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| (a) | issues about the taxation of salaries payable under section 2 and |
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| allowances payable under the MPs’ allowances scheme, and |
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| (b) | any other issues about taxation arising in connection with those |
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| (3) | “HMRC” means Her Majesty’s Revenue and Customs.” |
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11 | Page 4, line 23, after “with” insert “a requirement included by virtue of section 5(7) |
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| (registration of interests) in” |
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12 | Page 4, line 28, leave out paragraph (c) |
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13 | Page 4, line 30, leave out from “investigation,” to “provide” in line 31 and insert |
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14 | Page 4, line 33, leave out subsections (4) and (5) and insert— |
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| “(4) | If, after conducting an investigation, the Commissioner finds that the |
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| member was paid an amount under the scheme that should not have been |
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| allowed, the Commissioner must refer the Commissioner’s findings to the |
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| House of Commons Committee on Standards and Privileges. |
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| (5) | But the Commissioner need not refer the findings if— |
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| (a) | the member accepts the findings, |
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| (b) | such other conditions as may be specified by the IPSA are, in the |
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| Commissioner’s view, met in relation to the case, and |
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| (c) | the member repays to the IPSA, in such manner and within such |
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| period as the Commissioner considers reasonable, such amount as |
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| the Commissioner considers reasonable. |
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| (5A) | If, after conducting an investigation, the Commissioner finds that the |
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| member failed to comply with a requirement included in the code by virtue |
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| of section 5(7), the Commissioner must refer the Commissioner’s findings |
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| to the Committee on Standards and Privileges. |
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| (5B) | But the Commissioner need not refer the findings if— |
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| (a) | the member accepts the findings, |
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| (b) | the Commissioner considers that the financial interest concerned |
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| was minor or that the failure was inadvertent, |
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| (c) | such other conditions as may be specified by the IPSA are, in the |
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| Commissioner’s view, met in relation to the case, and |
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| (d) | the member takes any steps required by the Commissioner to |
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| (5C) | If the Commissioner finds that a member who is the subject of an |
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| investigation has not provided the Commissioner with information the |
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| Commissioner reasonably requires for the purposes of the investigation, |
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| the Commissioner may refer the finding to the Committee on Standards |
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15 | Page 5, line 6, leave out “a report under subsection (4) is” and insert “the |
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| Commissioner’s findings are” |
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16 | Page 5, line 8, after “procedures” insert “or any conditions under subsection (5)(b) |
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17 | Page 5, line 10, at end insert— |
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| “(ba) | the Commissioner, and” |
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18 | Page 5, line 12, after “must” insert “be fair and” |
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19 | Page 5, line 16, leave out from first “the” to end of line 17 and insert |
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| “Commissioner, before the Commissioner’s findings are referred to the Committee |
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| on Standards and Privileges, about the findings” |
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20 | Page 5, line 17, at end insert— |
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| “( ) | Procedures by virtue of subsection (8)(a) must include— |
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| (a) | an opportunity to be heard in person; |
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| (b) | an opportunity, where the Commissioner considers it appropriate, |
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| to call and examine witnesses.” |
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22 | Page 6, line 30, leave out subsections (2) and (3) |
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23 | Page 6, line 42, leave out subsection (5) |
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24 | Page 8, line 17, after “to” insert “the Committee on Standards in Public Life or to” |
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25 | Page 9, line 27, at end insert— |
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| “(d) | section (Expiry of provisions of the Act).” |
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26 | Insert the following new Clause— |
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| “Expiry of provisions of the Act |
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| (1) | The relevant provisions shall expire at the end of the period of two years |
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| starting with the day on which section 5 comes into force (“the effective |
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| (2) | The relevant provisions are sections 1(3) and (4) and 5 to 9 (and Schedule 2). |
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| (3) | But a Minister of the Crown may by order extend, or (on one or more |
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| occasions) further extend, the effective period. |
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| (4) | An order under subsection (3)— |
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| (a) | is to be made by statutory instrument, |
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| (b) | must be made before the time when the effective period would end |
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| but for the making of the order, and |
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| (c) | shall have the effect of extending, or further extending, that period |
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| for the period of two years beginning with that time. |
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| (5) | A statutory instrument containing an order under subsection (3) may not |
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| be made unless a draft of the instrument has been laid before and approved |
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| by a resolution of each House of Parliament.” |
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27 | Page 13, line 36, leave out “ensure that” and insert “comply with sub-paragraph |
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28 | Page 14, line 10, leave out “6(6)” and insert “6(5)(b), (5B)(c), (6) and (7)” |
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29 | Page 14, line 11, leave out paragraph (d) |
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30 | Page 15, line 29, at end insert “(“the Committee”)” |
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31 | Page 15, line 34, leave out “consistency” and insert “the consistency specified |
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