Committee of the whole House: 1 February 2010

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Constitutional Reform and Governance Bill, continued

(5)	The Attorney General must from time to time review the protocol and may, in

consultation with the Directors, revise it.

(6)	If the protocol is revised, the procedure in (3) and (4) above applies.

(7)	The Attorney General and the Directors must have regard to any relevant

provisions of the protocol when carrying out their functions.

(8)	“The prosecution services” means the Crown Prosecution Service, the Serious

Fraud Office and the Revenue and Customs Prosecutions Office.’.

Director of Public Prosecutions

David Howarth

Mr David Heath

Lynne Featherstone

NC4

To move the following Clause:—

‘(1)	The Director of Public Prosecutions—

(a)	is appointed by the Attorney General, and

(b)	subject to what follows, holds office in accordance with the terms of the

appointment.

(2)	The Director must have a 10 year general qualification, within the meaning of

section 71 of the Courts and Legal Services Act 1990 (c. 41).

(3)	Service as the Director is service in the civil service of the State.

(4)	There is to be paid to the Director such remuneration as the Attorney General

may, with the approval of the Minister for the Civil Service, determine.

(5)	Any appointment under subsection (1) must be for a term of five years.

(6)	The Director may at any time resign by notice in writing to the Attorney General.

(7)	The Attorney General may remove the Director from office only if satisfied that

the Director is unable, unfit or unwilling to carry out the functions of the office.

(8)	The factors which the Attorney General may take into account in determining

whether the Director is unfit to carry out the functions of the office include in

particular—

(a)	failure by the Director to comply with section [Protocol for running of

prosecution services] (7) (duty to have regard to relevant provisions of

protocol), and

(b)	failure by the Director to perform the functions of the office efficiently

and effectively.’.

Committee of the whole House: 1 February 2010

696

Constitutional Reform and Governance Bill, continued

Director of the Serious Fraud Office

David Howarth

Mr David Heath

Lynne Featherstone

NC5

To move the following Clause:—

‘(1)	The Director of the Serious Fraud Office—

(a)	is appointed by the Attorney General, and

(b)	subject to what follows, holds office in accordance with the terms of the

appointment.

(2)	Service as the Director is service in the civil service of the State.

(3)	There is to be paid to the Director such remuneration as the Attorney General

may, with the approval of the Minister for the Civil Service, determine.

(4)	Any appointment under subsection (1) must be for a term of five years.

(5)	The Director may at any time resign by notice in writing to the Attorney General.

(6)	The Attorney General may remove the Director from office only if satisfied that

the Director is unable, unfit or unwilling to carry out the functions of the office.

(7)	The factors which the Attorney General may take into account in determining

whether the Director is unfit to carry out the functions of the office include in

particular—

(a)	failure by the Director to comply with section [Protocol for running of

prosecution services] (7) (duty to have regard to relevant provisions of

protocol), and

(b)	failure by the Director to perform the functions of the office efficiently

and effectively.’.

Director of Revenue and Customs Prosecutions

David Howarth

Mr David Heath

Lynne Featherstone

NC6

To move the following Clause:—

‘(1)	The Director of Revenue and Customs Prosecutions—

(a)	is appointed by the Attorney General, and

(b)	subject to what follows, holds office in accordance with the terms of the

appointment.

(2)	The Director must have a 10 year general qualification, within the meaning of

section 71 of the Courts and Legal Services Act 1990 (c. 41).

(3)	Service as the Director is service in the civil service of the State.

(4)	There is to be paid to the Director such remuneration as the Attorney General

may, with the approval of the Minister for the Civil Service, determine.

(5)	Any appointment under subsection (1) must be for a term of five years.

(6)	The Director may at any time resign by notice in writing to the Attorney General.

(7)	The Attorney General may remove the Director from office only if satisfied that

the Director is unable, unfit or unwilling to carry out the functions of the office.

Committee of the whole House: 1 February 2010

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Constitutional Reform and Governance Bill, continued

(8)	The factors which the Attorney General may take into account in determining

whether the Director is unfit to carry out the functions of the office include, in

particular—

(a)	failure by the Director to comply with section [Protocol for running of

prosecution services] (7) (duty to have regard to relevant provisions of

protocol), and

(b)	failure by the Director to perform the functions of the office efficiently

and effectively.’.

Ending of prosecution consent functions of Attorney

David Howarth

Mr David Heath

Lynne Featherstone

NC7

To move the following Clause:—

‘(1)	All provisions under any enactment that give the Attorney General a prosecution

consent function shall be read as giving that prosecution consent function

insetead to the Director of Public Prosecutions.

(2)	For the purposes of this section the Attorney General has a prosecution consent

function under an enactment if under that enactment—

(a)	proceedings for an offence may not be instituted except by, or with the

consent of, the Attorney General (or by, or with the consent of, the

Attorney General or one or more other persons), or

(b)	the Attorney General (or the Attorney General or one or more other

persons) has a function of giving a consent to the taking of any other step

in connection with proceedings for an offence.

(3)	In subsection (1) and sections 12 and 13, “offence” includes a service offence as

defined by section 50 of the Armed Forces Act 2006 (c. 52) (and the reference in

section 13(4) to a court includes a reference to a service court within the meaning

of section 324(4) of the 2006 Act).’.

Abolition of nolle prosequi

David Howarth

Mr David Heath

Lynne Featherstone

NC8

To move the following Clause:—

‘The power of the Attorney General to enter a nolle prosequi is abolished in

relation to proceedings in England and Wales.’.

Committee of the whole House: 1 February 2010

698

Constitutional Reform and Governance Bill, continued

Factors to be taken into account when determining whether a body is a public authority

Mr Andrew Dismore

NC12

To move the following Clause:—

‘For the purposes of subsection (3)(b) of section 6 of the Human Rights Act 1998

(c. 42) (acts of public authorities), the factors which must be taken into account

in determining whether a function is a function carried out by a public authority

include—

(a)	the extent to which the state has assumed responsibility for the function

in question;

(b)	the role and responsibility of the state in relation to the subject matter in

question;

(c)	the nature and extent of the public interest in the function in question;

(d)	the nature and extent of any statutory power or duty in relation to the

function in question;

(e)	the extent to which the state, directly or indirectly, regulates, supervises

or inspects the performance of the function in question;

(f)	the extent to which the state makes payment for the function in question;

(g)	whether the function involves or may involve the use of statutory

coercive powers;

(h)	the extent of the risk that improper performance of the function might

violate an individual’s Convention right.’.

Meaning of public authority

Mr Andrew Dismore

NC13

To move the following Clause:—

‘For the avoidance of doubt, for the purposes of section 6(3)(b) of the Human

Rights Act 1998, a function of a public nature includes a function which is

required or enabled to be performed wholly or partially at public expense,

irrespective of—

(a)	the legal status of the person who performs the function, or

(b)	whether the person performs the function by reason of a contractual or

other agreement or arrangement.’.

Committee of the whole House: 1 February 2010

699

Constitutional Reform and Governance Bill, continued

Ministers to be able to appear in either House

Mr Douglas Hogg

NC26

To move the following Clause:—

‘Standing Orders of the House of Commons and House of Lords shall make

provision under which either House may pass in relation to any person being a

Minister of the Crown but not being a Member of that House a resolution

whereby that person or any such person may be enabled to participate in the

proceedings of the House, save that the resolution shall not permit such a person

to vote in any proceedings in the House.’.

Selection of a Prime Minister

Mr Douglas Hogg

NC27

To move the following Clause:—

‘Within two days of the meeting of a new Parliament following a General

Election or within 25 days of the death or the resignation of a serving Prime

Minister the House of Commons shall order an Address to be presented to Her

Majesty naming one of its Members and asking Her Majesty to invite that

Member to form a Government.’.

Fixed term parliaments

Mr Douglas Hogg

NC28

To move the following Clause:—

‘(1)	Except as provided for in subsection (2) below a General Election shall take place

every five years on the first Thursday in June.

(2)	In the event that Her Majesty dissolves Parliament following the defeat of the

government of the day on a motion of no confidence or on such other motion as

causes the Prime Minister to advise Her Majesty to dissolve Parliament,

subsection (1) shall have no effect and the General Election next after that caused

as a result of such a dissolution shall be held five years after the date on which the

General Election immediately following the dissolution was held.’.

Committee of the whole House: 1 February 2010

700

Constitutional Reform and Governance Bill, continued

War powers

Mr Douglas Hogg

NC29

To move the following Clause:—

‘(1)	Subject to subsection (2) below United Kingdom armed forces shall not be

committed abroad in circumstances in which it is likely that they will be involved

in hostilities unless prior to that deployment both the House of Commons and the

House of Lords shall have approved that deployment and its duration, purpose

and character.

(2)	Where it is not reasonably practicable to secure a vote of both Houses of

Parliament before deployment overseas in the circumstances set out above, the

requirements of subsection (1) shall be deemed to be satisfied if within 20 days

of the initial deployment both Houses of Parliament shall have approved that

deployment, and its duration, purpose and character; and in the event that the

requirements of this subsection are not satisfied such armed forces as have been

deployed shall as soon as reasonable practicable return to the United Kingdom or

to such other bases from which they may have been deployed.’.

Recall of the House of Commons

Mr Douglas Hogg

NC30

To move the following Clause:—

‘Standing Orders of the House of Commons shall make provision to enable the

Speaker to require the House of Commons to meet at a time earlier than that to

which it then stands adjourned, provided only that the Speaker is satisfied that it

is in the public interest that the House of Commons should so meet.’.

Business committee

Mr Douglas Hogg

NC31

To move the following Clause:—

‘(1)	Standing Orders of the House of Commons shall make provision for the

establishment of a Business committee which shall have as its principal function

the preparation of a rolling fortnightly programme of the public business of the

House, which programme shall be put to the House for decision every week and

shall include the dates of legislative business and of Opposition days.

(2)	The Business Committee shall consist of The Chairman of Ways and Means, who

shall be the Chairman, and eight other Members elected by secret ballot.’.

Committee of the whole House: 1 February 2010

701

Constitutional Reform and Governance Bill, continued

Referendum on electoral reform

Martin Linton

Mr Tom Watson

Martin Salter

Jon Cruddas

Tom Levitt

Frank Cook

NC32

To move the following Clause:—

‘(1)	The Secretary of State shall be under a duty to ensure that a referendum on

reforming the electoral system for the House of Commons is held before 28

October 2010.

(2)	The referendum must offer a choice between the existing method of voting and a

preferential system.

(3)	If the result of the referendum is in favour of changing the electoral system for the

House of Commons, the Secretary of State shall be under a duty to lay

implementing measures before Parliament within three months of the date of the

referendum.

(4)	In this section—

“implementing measures” means measures designed to and likely to

implement the result of the referendum before the general election next

following the referendum, and includes bills and statutory instruments;

“preferential voting system” means a system of voting in which electors

may express their support for individual candidates in order of preference

and in which they are not restricted to expressing a fixed number of

preferences.’.

Code of conduct for publicly funded bodies

Mr Francis Maude

Mr Dominic Grieve

Mrs Eleanor Laing

NC36

To move the following Clause:—

‘(1)	The Minister for the Civil Service must publish a code of conduct and lay such a

code before Parliament for publicly funded bodies who do not form part of the

civil service of the State.

(2)	Such a code of conduct must be accompanied by a list of publicly funded bodies

subject to the code as prepared by the Minister for the Civil Service. In preparing

such a list the Minister for the Civil Service must consult with the First Minister

for Scotland and the First Minister for Wales.

(3)	Changes to the list of publicly funded bodies subject to the code must be laid

before Parliament by the Minister for the Civil Service.

(4)	For this purpose, the Minister may publish separate codes of conduct covering

publicly funded bodies who have relations with the Scottish Executive or the

Welsh Assembly.

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Revised 1 February 2010