653

House of Commons

Monday 1 February 2010

Committee of the whole House

Constitutional Reform and Governance Bill

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Note

The Amendments have been arranged in accordance with the Constitutional

Reform and Governance Bill Programme (No. 5) Motion to be proposed by

Secretary Jack Straw.

Fifth Day

New clauses and New Schedules relating to the Parliamentary standards

Act 2009 or the European Parliament (Pay and Pensions) Act 1979 or to

Pensions for Members of the House of Commons, Ministers or Other

Office-holders

Parliamentary standards: Compliance Officer

Secretary Jack Straw

NC70

To move the following Clause:—

‘(1)	For section 3(3) and (4) of the Parliamentary Standards Act 2009 (Commissioner

for Parliamentary Investigations) substitute—

“(3)	There is to be an officer known as the Compliance Officer for the

Independent Parliamentary Standards Authority (“the Compliance

Officer”).

(4)	Schedule 2 (which makes provision about the Compliance Officer) has

effect.”

(2)	For Schedule 2 to that Act substitute the Schedule set out in Schedule

[Parliamentary Standards Act 2009: substituted Schedule 2].’.

Committee of the whole House: 1 February 2010

654

Constitutional Reform and Governance Bill, continued

Parliamentary standards: Membership of Speaker’s Committee

Secretary Jack Straw

NC71

To move the following Clause:—

‘(1)	Schedule 3 to the Parliamentary Standards Act 2009 (Speaker’s Committee for

the Independent Parliamentary Standards Authority) is amended as follows.

(2)	In paragraph 1—

(a)	omit “and” at the end of sub-paragraph (c), and

(b)	after sub-paragraph (d) insert “, and

(e)	three lay persons appointed by resolution of the

House of Commons.”

(3)	For the heading of paragraph 2 substitute “Appointed members”.

(4)	After paragraph 2 insert—

“Lay members

2A  (1)

In paragraph 1(e) “lay person” means a person who is not, and has

never been, a member of either House of Parliament.

(2)	A motion for a resolution under paragraph 1(e) may be made only with

the agreement of the Speaker of the House of Commons.

(3)	The person the subject of the motion must have been selected by the

Speaker on merit on the basis of fair and open competition.

(4)	An appointment under paragraph 1(e) is to be for a fixed term not

exceeding five years.

(5)	A person who has been appointed under paragraph 1(e) may not be

appointed under paragraph 1(e) again.

(6)	A person appointed under paragraph 1(e) ceases to be a member of the

Committee if the person becomes a member of either House of

Parliament.

(7)	A person appointed under paragraph 1(e) may resign from the

Committee by giving notice to the Committee.

(8)	The Speaker of the House of Commons may require the IPSA to pay

to members of the Committee appointed under paragraph 1(e) such

remuneration and allowances as the Speaker may determine.

(9)	The IPSA must make the payment accordingly.”.’.

Committee of the whole House: 1 February 2010

655

Constitutional Reform and Governance Bill, continued

Parliamentary standards: Transparency etc

Secretary Jack Straw

NC72

To move the following Clause:—

‘(1)	The Parliamentary Standards Act 2009 is amended as follows.

(2)	After section 3 insert—

“3A	General duties of the IPSA

(1)	In carrying out its functions the IPSA must have regard to the principle

that it should act in a way which is efficient, cost-effective and

transparent.

(2)	In carrying out its functions the IPSA must have regard to the principle

that members of the House of Commons should be supported in

efficiently, cost-effectively and transparently carrying out their

Parliamentary functions.”

(3)	In section 5 (MPs’ allowances scheme) after subsection (5) insert—

“(5A)

When the scheme (or revision) is laid, the IPSA must publish in a way it

considers appropriate—

(a)	the scheme (or revision), and

(b)	a statement of its reasons for adopting that scheme (or making

that revision).”

(4)	In section 6 (dealing with claims under the MPs’ allowances scheme) after

subsection (7) insert—

“(8)	The IPSA must publish such information as it considers appropriate in

respect of—

(a)	each claim made under or by virtue of this section, and

(b)	each payment of an allowance by the IPSA under or by virtue of

this section.

(9)	The IPSA must publish the information at times it considers appropriate

and in a way it considers appropriate.

(10)	The IPSA must determine procedures to be followed by the IPSA in

relation to publication of the information, and in doing so must consult—

(a)	the Speaker of the House of Commons,

(b)	the Leader of the House of Commons,

(c)	the House of Commons Committee on Standards and Privileges,

(d)	the Compliance Officer, and

(e)	any other person the IPSA considers appropriate.”.’.

Committee of the whole House: 1 February 2010

656

Constitutional Reform and Governance Bill, continued

Parliamentary standards: MPs’ salaries

Secretary Jack Straw

NC73

To move the following Clause:—

‘(1)	For section 4 of the Parliamentary Standards Act 2009 (c. 13) (MPs’ salaries)

substitute—

“4	MPs’ salaries

(1)	Members of the House of Commons are to receive a salary for the

relevant period.

(2)	The salaries are to be paid by the IPSA.

(3)	Salaries are to be paid on a monthly basis in arrears.

(4)	The amounts of the salaries are to be determined by the IPSA (see

section 4A).

(5)	“Relevant period”, in relation to a person who is a member of the House

of Commons, means the period beginning with the day after the day of

the poll for the parliamentary election at which the member was elected

and ending with—

(a)	if the person is a member immediately before Parliament is

dissolved, the day of the poll for the parliamentary general

election which follows the dissolution;

(b)	otherwise, the day on which the person ceases to be a member.

(6)	No payment of salary is to be made to a member before the member has

made and subscribed the oath required by the Parliamentary Oaths Act

1866 (or the corresponding affirmation).

(7)	The duty of the IPSA to pay a salary to a member is subject to anything

done in relation to the member in the exercise of the disciplinary powers

of the House of Commons.

4A	Determination of MPs’ salaries

(1)	This section is about determinations under section 4(4).

(2)	A determination may provide for higher salaries to be payable to

members while holding an office or position specified for the purposes of

this subsection in a resolution of the House of Commons.

(3)	A determination by virtue of subsection (2) may make different provision

for different offices or positions or different classes of member (and may

include exceptions).

(4)	A determination may include a formula or other mechanism for adjusting

salaries from time to time.

(5)	A determination (other than the first determination) may have

retrospective effect.

(6)	The IPSA must review the current determination (and make a new

determination as appropriate)—

(a)	in the first year of each Parliament;

(b)	at any other time it considers appropriate.

Committee of the whole House: 1 February 2010

657

Constitutional Reform and Governance Bill, continued

(7)	In reviewing a determination (and before making the first determination)

the IPSA must consult—

(a)	the Review Body on Senior Salaries,

(b)	persons appearing to the IPSA to represent persons likely to be

affected by the determination or the review,

(c)	the Minister for the Civil Service,

(d)	the Treasury, and

(e)	any other person the IPSA considers appropriate.

(8)	After making a determination, the IPSA must publish in a way it

considers appropriate—

(a)	the determination, and

(b)	a statement of how it arrived at the determination.

(9)	If the IPSA reviews the current determination but decides not to make a

new determination, it must publish in a way it considers appropriate a

statement of how it arrived at that decision.

(10)	The IPSA may delegate to the Review Body on Senior Salaries its

function of reviewing a determination (but not its function of deciding

whether or not to make a new determination).”

(2)	The first determination under section 4(4) of the Parliamentary Standards Act

2009 does not have to come into effect before 1 April 2012; and section 4A(6)(a)

of that Act does not apply in relation to a Parliament that begins before that date.

(3)	Until the first determination under section 4(4) of that Act comes into effect, the

amounts of the salaries payable by the Independent Parliamentary Standards

Authority under section 4 of that Act are to be determined in accordance with the

relevant resolutions of the House of Commons.’.

Parliamentary standards: MPs’ allowances scheme

Secretary Jack Straw

NC74

To move the following Clause:—

In section 5 of the Parliamentary Standards Act 2009 (MPs’ allowances scheme)

after subsection (8) insert—

“(8A)

Any duty of the IPSA to pay an allowance to a member is subject to

anything done in relation to the member in the exercise of the disciplinary

powers of the House of Commons.”.’.

Committee of the whole House: 1 February 2010

658

Constitutional Reform and Governance Bill, continued

Parliamentary standards: Allowances claims

Secretary Jack Straw

NC75

To move the following Clause:—

‘(1)	Section 6 of the Parliamentary Standards Act 2009 (dealing with claims under the

MPs’ allowances scheme) is amended as follows.

(2)	Omit subsections (4) and (5).

(3)	In subsection (6) for paragraph (b) substitute—

“(b)	provision for deducting amounts within subsection (6A)

from allowances payable under the scheme or salaries

payable under section 4;

(c)	provision about how such deductions, and deductions

under paragraph 5 or 12 of Schedule 4, are to be made.”

(4)	After subsection (6) insert—

“(6A)

This subsection applies to amounts which a member (under section 9(8)

or otherwise) has agreed to repay, in respect of amounts paid to the

member under the MPs’ allowances scheme which should not have been

allowed.”

(5)	After section 6 of that Act insert—

“6A	Review of IPSA’s determination

(1)	This section applies if—

(a)	the IPSA determines under section 6(3) that a claim is to be

refused or that only part of the amount claimed is to be allowed,

and

(b)	the member (after asking the IPSA to reconsider the

determination and giving it a reasonable opportunity to do so)

asks the Compliance Officer to review the determination (or any

altered determination resulting from the IPSA’s

reconsideration).

(2)	The Compliance Officer must—

(a)	consider whether the determination (or the altered

determination) is the determination that should have been made,

and

(b)	in light of that consideration, decide whether or not to confirm or

alter it.

(3)	The Compliance Officer must give the IPSA a statement of any decision

under subsection (2)(b), and may include a statement of the Compliance

Officer’s findings about the way in which the IPSA has dealt with the

claim.

(4)	The IPSA must make any payments or adjustments necessary to give

effect to the Compliance Officer’s decision; but it must not do so until—

(a)	it is no longer possible for there to be a relevant appeal, and

(b)	all relevant appeals have been withdrawn or determined.

(5)	A relevant appeal is—

(a)	an appeal under subsection (6) brought before the end of the

period mentioned in subsection (7), or

Committee of the whole House: 1 February 2010

659

Constitutional Reform and Governance Bill, continued

(b)	a further appeal in relation to the Compliance Officer’s decision

which—

(i)	is brought before the end of the usual period for bringing

such an appeal, and

(ii)	is an appeal against the determination of an appeal

which was itself a relevant appeal.

(6)	The member may appeal to the First-tier Tribunal against a decision of

the Compliance Officer under subsection (2)(b).

(7)	The appeal must be brought before the end of the period of 28 days

beginning with the day on which notice of the decision is sent to the

member (unless the Tribunal directs that it may be brought after the end

of that period).

(8)	The appeal is by way of a rehearing.

(9)	On an appeal under subsection (6) the Tribunal may—

(a)	allow the appeal in whole or in part, or

(b)	dismiss the appeal.

(10)	If the Tribunal allows the appeal (in whole or in part) it may—

(a)	order the IPSA to make any payments or adjustments necessary

to give effect to that decision;

(b)	make any other order it thinks fit.

(11)	If the Tribunal dismisses the appeal it may make any other order it thinks

fit.

(12)	The Compliance Officer must notify the IPSA of the Tribunal’s decision

(and the result of any further appeal).”.’.

Parliamentary standards: MPs’ code of conduct relating to financial interests

Secretary Jack Straw

NC76

To move the following Clause:—

‘Omit section 8 of the Parliamentary Standards Act 2009 (c. 13) (MPs’ code of

conduct relating to financial interests) and the italic heading before it.’.

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Revised 1 February 2010