Committee of the whole House: 1 February 2010

702

Constitutional Reform and Governance Bill, continued

(5)	Before publishing a code (or any revision of the code) under subsection (4), the

Minister must first consult the First Minister for Scotland or the First Minister for

Wales (as the case may be).

(6)	Such a code of conduct must include but is not limited to—

(a)	an obligation to spend taxpayers’ money responsibility;

(b)	a requirement to minimise expenditure.

(7)	“Publicly funded bodies code” means a code of conduct published under this

section for the time being.

(8)	The First Minister for Scotland must lay before the Scottish Parliament any

publicly funded bodies code under subsection (4) that covers publicly funded

bodies that have a relationship with the Scottish Parliament.

(9)	The First Minister for Wales must lay before the National Assembly of Wales any

civil service code under subsection (4) that covers publicly funded bodies that

have a relationship with the Welsh Assembly Government.’.

Procedure Committee amendments to standing orders

John Hemming

Mark Fisher

Mr Graham Allen

NC46

To move the following Clause:—

‘Standing Orders of the House of Commons shall make provision for the

Procedure Committee to have the power to table amendments to Standing Orders

for the whole House to accept or reject following a short debate within one week

of the tabling of such amendments.’.

Royal marriages (prevention of religious discrimination)

Dr Evan Harris

Mr Andrew Dismore

NC48

To move the following Clause:—

‘(1)	The Bill of Rights (1688 1 Will. & Mar. Sess. 2 c. 2) is amended as follows.

(2)	In section 1, the paragraph starting “Upon which their said Majestyes did accepte

the crowne”, omit the words “or shall marry a papist” and “or marrying”.

(3)	The Act of Settlement 1700 is amended as follows.

(4)	In section 2 (The persons inheritable by this Act, holding communion with the

church of Rome, incapacitated as by the former Act, to take the oath at their

coronation, according to Stat 1, W & M c. 6), omit the words “or shall marry a

papist”.

(5)	The Union with Scotland Act 1706 (c. 11) is amended as follows.

(6)	In Article II (succession to the monarchy), omit the words “and persons marrying

papists” and the words “or person marrying a papist”.

Committee of the whole House: 1 February 2010

703

Constitutional Reform and Governance Bill, continued

(7)	The Union with England Act 1707 (c. 7) is amended as follows.

(8)	In Article II, omit the words “and persons marrying papists” and the words “or

person marrying a papist”.

(9)	The Royal Marriages Act 1772 (c. 11) is repealed.

(10)	Within one year of Royal Assent to this Act the Secretary of State shall consult

governments of constitutional monarchies under Her Majesty within the

Commonwealth on the provisions of this section.

(11)	Subject to subsection (14), this section comes into force on such a day as the

Secretary of State may by order appoint.

(12)	No order may be made under this section before the Secretary of State has carried

out consultations pursuant to subsection (10).

(13)	For the avoidance of doubt this section does not affect the validity of any

succession to the Crown which occurred before the date on which this section

comes into force.

(14)	This section affects the order of succession to the Crown in the event of the death

of Her present Majesty.

(15)	The Secretary of State shall make an order under this section within three years

of Royal Assent to this Act.

(16)	This section extends to the United Kingdom only.’.

Succession to the Crown (prevention of sex discrimination)

Dr Evan Harris

Lynne Featherstone

Mr Andrew Dismore

NC49

To move the following Clause:—

‘(1)	In determining the line of succession to the Crown and to all rights, privileges and

dignities belonging thereto, no account shall be taken of gender, notwithstanding

any previous custom or rule of law to the contrary.

(2)	This section is subject to the Act of Settlement 1700.

(3)	Within one year of Royal Assent to this Act the Secretary of State shall consult

governments of constitutional monarchies under Her Majesty within the

Commonwealth on the provisions of this section.

(4)	Subject to subsection (7), this section comes into force on such a day as the

Secretary of State may by order appoint.

(5)	No order may be made under this section before the Secretary of State has carried

out consultations pursuant to subsection (3).

(6)	For the avoidance of doubt this section does not affect the validity of any

succession to the Crown which occurred before the date on which this section

comes into force.

(7)	This section affects the order of succession to the Crown in the event of the death

of Her present Majesty.

(8)	The Secretary of State shall make an order under this section within three years

of Royal Assent to this Act.

Committee of the whole House: 1 February 2010

704

Constitutional Reform and Governance Bill, continued

(9)	This section extends to the United Kingdom only.’.

Amendment of Parliamentary Commissioner Act 1967

Dr Tony Wright

Mr Gordon Prentice

Mr Ian Liddell-Grainger

Mr Charles Walker

Paul Rowen

David Heyes

NC50

To move the following Clause:—

‘(1)	The Parliamentary Commissioner Act 1967 (c. 13) is amended as follows.

(2)	In section 5—

(a)	in subsection (1)(a), after the words “to a member of the House of

Commons” there is inserted “or to the Commissioner”;

(b)	in subsection (1)(b), for the words “the complaint” there is substituted “if

the complaint is made to a member of the House of Commons it”;

(c)	in subsection (1A)(a), after the words “to a member of the House of

Commons” there is inserted “or to the Commissioner”;

(d)	in subsection (1A)(b), for the words “the complaint” there is substituted

“if the complaint is made to a member of the House of Commons it”.

(3)	In section 6(3), after the words “to a member of the House of Commons” there is

inserted “or to the Commissioner”.

(4)	In section 10(1), for the words “member of the House of Commons by whom the

request for investigation was made” there is substituted “person by whom a

complaint was made under this Act and, if a member of the House of Commons

requested an investigation, to that member”.

(5)	In section 10(5)—

(a)	in paragraph (b)—

(i)	after the words “member of the House of Commons” there is

inserted “or a complainant”;

(ii)	after the words “such a member” there is inserted “or

complainant”;

(b)	in paragraph (c)—

(i)	after the words “such a member” there is inserted “or by the

Commissioner”;

(ii)	after the words “sent to a member” there is inserted “or the

complainant”.’.

Committee of the whole House: 1 February 2010

705

Constitutional Reform and Governance Bill, continued

Electoral system for the House of Commons

David Howarth

Mr David Heath

Chris Huhne

NC56

To move the following Clause:—

‘(1)	The Schedules [Single Transferable Vote System of Election for the House of

Commons] and [Constituency Boundaries for Single Transferable Vote System of

Election for the House of Commons] shall have effect.

(2)	Paragraph 18 of Schedule 1 of the Representation of the People Act 1983 is

repealed.’.

Intelligence and Security Committee

Mr Andrew Dismore

NC58

To move the following Clause:—

‘(1)	The Intelligence Services Act 1994 (c. 13) is amended as follows.

(2)	In section 10, subsection (3) is replaced by the following subsection—

“(3)	The members and Chairman of the Committee shall be elected in

accordance with the system of election of members and Chairmen of the

select committees of the House of Commons.’.

Simple majority voting

Daniel Kawcynski

NC69

To move the following Clause:—

‘(1)	Voting in all national, regional and local elections in the United Kingdom shall

be by simple majority.

(2)	The amendments in Schedule [Voting by simple majority] shall have effect.

(3)	No change shall take effect in the voting system in use in national, regional or

local elections until at least one general election has taken place subsequent to—

(a)	Royal Assent being given to any Act making such a change, or

(b)	a Minister making an Order;

and until at least one session of Parliament has been completed since that general

election.’.

Committee of the whole House: 1 February 2010

706

Constitutional Reform and Governance Bill, continued

Remaining New Schedules

David Howarth

Mr David Heath

Chris Huhne

NS2

To move the following Schedule:—

‘Single Transferable Vote System of Election for the House of Commons

First stage

1    (1)

The returning officer shall sort the valid ballot papers into parcels according to

the candidates for whom first preference votes are given.

(2)	The returning officer shall then—

(a)	count the number of ballot papers in each parcel;

(b)	credit the candidate receiving the first preference vote with one vote

for each ballot paper; and

(c)	record those numbers.

(3)	The returning officer shall also ascertain and record the total number of valid

ballot papers.

The quota

2    (1)

The returning officer shall divide the total number of valid ballot papers for the

constituency by a number exceeding by one the number of members to be

elected at the election for that constituency.

(2)	The result of the division under paragraph (1) (ignoring any decimal places),

increased by one, is the number of votes needed to secure the return of a

candidate as a councillor (in this Schedule referred to as the “quota”).

Return of members of House of Commons

3    (1)

Where, at any stage of the count, the number of votes for a candidate equals or

exceeds the quota, the candidate is deemed to be elected.

(2)	A candidate is returned as a member of the House of Commons when declared

to be elected in accordance with paragraph 8(1).

Transfer of ballot papers

4    (1)

Where, at the end of any stage of the count, the number of votes credited to any

candidate exceeds the quota and, subject to paragraphs 5 and 8, one or more

vacancies remain to be filled, the returning officer shall sort the ballot papers

received by that candidate into further parcels so that they are grouped—

(a)	according to the next available preference given on those papers; and

(b)	where no such preference is given, as a parcel of non-transferable

papers.

(2)	The returning officer shall, in accordance with this paragraph and paragraph 5,

transfer each parcel of ballot papers referred to in sub-paragraph (1)(a) to the

continuing candidate for whom the next available preference is given on those

papers and shall credit such continuing candidates with an additional number

of votes calculated in accordance with sub-paragraph (3).

(3)	The vote on each ballot paper transferred under sub-paragraph (2) shall have a

value (“the transfer value”) calculated as follows—

Committee of the whole House: 1 February 2010

707

Constitutional Reform and Governance Bill, continued

A divided by B

Where A = the value which is calculated by multiplying the surplus of the

transferring candidate by the value of the ballot paper when received by that

candidate; and

B = the total number of votes credited to that candidate, the calculation being

made to five decimal places (any remainder being ignored).

(4)	For the purposes of sub-paragraph (3)—

(a)	“transferring candidate” means the candidate from who the ballot

paper is being transferred; and

(b)	“the value of the ballot paper” means—

(i)	for a ballot paper on which a first preference vote is given for

the transferring candidate, one; and

(ii)	in all other cases, the transfer value of the ballot paper when

received by the transferring candidate.

Transfer of ballot papers—supplementary provisions

5    (1)

If, at the end of any stage of the count, the number of votes credited to two or

more candidates exceeds the quota the returning officer shall—

(a)	first sort the ballot papers of the candidate with the highest surplus;

and

(b)	then transfer the transferable papers of that candidate.

(2)	If the surpluses determined in respect of two or more candidates are equal, the

transferable papers of the candidate who had the highest number of votes at the

end of the most recent preceding stage at which they had unequal numbers of

votes shall be transferred first.

(3)	If the numbers of votes credited to two or more candidates were equal at all

stages of the count, the returning officer shall decide, by lot, which candidate’s

transferable papers are to be transferred first.

Exclusion of candidates

6    (1)

If one or more vacancies remain to be filled and—

(a)	the returning officer has transferred all ballot papers which are

required by paragraph 5 or this paragraph to be transferred; or

(b)	there are no ballot papers to be transferred under paragraph 5 or this

paragraph, the returning officer shall exclude from the election at that

stage the candidate with the then lowest number of votes.

(2)	The returning officer shall sort the ballot papers for the candidate excluded

under sub-paragraph (1) of this paragraph into parcels so that they are

grouped—

(a)	according to the next available preference given on those papers; and

(b)	where no such preference is given, as a parcel of non-transferable

papers.

(3)	The returning officer shall, in accordance with this article, transfer each parcel

of ballot papers referred to in sub-paragraph (2)(a) to the continuing candidate

for whom the next available preference is given on those papers and shall

credit such continuing candidates with an additional number of votes

calculated in accordance with sub-paragraph (4).

(4)	The vote on each ballot paper transferred under sub-paragraph (3) shall have a

transfer value of one unless the vote was transferred to the excluded candidate

in which case it will have the same transfer value as when transferred to the

candidate excluded under sub-paragraph (1).

(5)	This paragraph is subject to paragraph 8.

Committee of the whole House: 1 February 2010

708

Constitutional Reform and Governance Bill, continued

Exclusion of candidates—supplementary provisions

7    (1)

If, when a candidate has to be excluded under paragraph 6—

(a)	two or more candidates each have the same number of votes; and

(b)	no other candidate has fewer votes, sub-paragraph (2) applies.

(2)	Where this sub-paragraph applies—

(a)	regard shall be had to the total number of votes credited to those

candidates at the end of the most recently preceding stage of the count

at which they had an unequal number of votes and the candidate with

the lowest number of votes at that stage shall be excluded; and

(b)	where the number of votes credited to those candidates was equal at

all stages, the returning officer shall decide, by lot, which of those

candidates is to be excluded.

Filling of last vacancies

8    (1)

Where the number of continuing candidates is equal to the number of

vacancies remaining unfilled, the continuing candidates are deemed to be

elected.

(2)	Where the last vacancies can be filled under this paragraph, no further transfer

shall be made.

By-elections

9	Where a vacancy occurs in any constituency, paragraphs (1) to (8) apply to the

subsequent by-election.

10	Where more than one vacancy exists in a constituency when a writ for a by-

election in that constituency is moved, only one by-election is to be held for

the vacant seats and paragraphs (1) to (52) apply as if the number of members

to be elected is the total number of seats vacant in that constituency.’.

David Howarth

Mr David Heath

Chris Huhne

NS3

To move the following Schedule:—

‘Constituency boundaries for single transferable vote systed of election

for the House of Commons

(1)	Notwithstanding anything in the Parliamentary Constituencies Act 1986 or in

any other relevant legislation, the parliamentary constituency boundaries and

the number of members to be elected for each constituency shall be:

	Name of constituency	Local authority areas	Number of
		contained within	members to be
		constituency	elected
	Teesside	Darlington, Hartlepool,	5
		Middlesbrough, Redcar and
		Cleveland, Stockton-on-Tees
	Durham	Durham	4
	Northumberland	Northumberland	3
	North Tyne	Newcastle upon Tyne, North	4
		Tyneside
	South Tyne	Gateshead, South Tyneside,	5
		Sunderland
	North Lancashire	Lancaster, Preston, Ribble	4
		Valley, Wyre
	South West Lancashire	Blackpool, Chorley, Fylde,	5
		South Ribble, West
		Lancashire
	South East Lancashire	Blackburn with Darwen,	4
		Burnley, Hyndburn, Pendle,
		Rossendale
	Cumbria	Cumbria	5
	Bury, Rochdale & Oldham	Bury, Oldham, Rochdale	5
	Stockport & Tameside	Stockport, Tameside	4
	Manchester	Manchester	4
	Salford & Trafford	Salford, Trafford	4
	Wigan & Bolton	Bolton, Wigan	5
	Sefton, Knowsley, St Helens	Knowsley, St Helens, Sefton	5
	Liverpool & Wirral	Liverpool & Wirral	6
	West Cheshire & Halton	Halton, Cheshire West &	4
		Chester
	East Cheshire & Warrington	Warrington, Cheshire East	5
	Scarborough & North	Hambleton, Richmondshire,	3
	Yorkshire	Ryedale, Scarborough
	York, Harrogate, Selby and	Craven, Harrogate, York,	5
	Craven	Selby
	Hull & East Riding	East Riding of Yorkshire,	5
		Kingston upon Hull
	North & North East	North East Lincolnshire,	3
	Lincolnshire	North Lincolnshire
	Bradford	Bradford	4
	Leeds	Leeds	6
	Calderdale & Kirklees	Calderdale, Kirklees	5
	Wakefield	Wakefield	3
	Barnsley & Doncaster	Barnsley, Doncaster	4
	Sheffield & Rotherham	Sheffield, Rotherham	6
	North Derbyshire	Amber Valley, Bolsover,	5
		Chesterfield, Derbyshire
		Dales, High Peak, North East
		Derbyshire
	South Derbyshire	Derby, Erewash, South	4
		Derbyshire
	North Nottinghamshire	Ashfield, Bassetlaw,	4
		Mansfield, Newark &
		Sherwood
	South Nottinghamshire	Nottingham, Broxtowe,	5
		Gedling, Rushcliffe
	Lincolnshire	Lincolnshire	6
	West Leicestershire	Blaby, Charnwood, Hinckley	4
		& Bosworth, North West
		Leicestershire
	East Leicestershire &	Leicester, Rutland,	4
	Rutland	Harborough, Melton, Oadby
		& Wigston
	Northamptonshire	Northamptonshire	5
	North Staffordshire	Stoke-on-Trent, Newcastle-	4
		under-Lyme, Staffordshire
		Moorlands
	South Staffordshire	Cannock Chase, East	5
		Staffordshire, Lichfield,
		South Staffordshire, Stafford,
		Tamworth
	Shropshire	Telford & Wrekin,	4
		Shropshire
	Herefordshire	Herefordshire	2
	Worcestershire	Worcestershire	5
	Wolverhampton & Walsall	Walsall, Wolverhampton	4
	Dudley & Sandwell	Dudley, Sandwell	5
	Birmingham North	The 20 Council wards	4
		comprising the present
		constituencies of
		Birmingham, Erdington,
		Birmingham, Hodge Hill,
		Birmingham, Ladywood,
		Birmingham, Perry Barr and
		Sutton Coldfield
	Birmingham South	The 20 Council wards	4
		comprising the present
		constituencies of
		Birmingham, Edgbaston,
		Birmingham, Hall Green,
		Birmingham, Northfield,
		Birmingham, Selly Oak and
		Birmingham, Yardley
	Coventry & Solihull	Coventry, Solihull	4
	Warwickshire	Warwickshire	5
	Cambridge & Peterborough	Peterborough,	6
		Cambridgeshire
	West Norfolk	Breckland, King’s Lynn &	3
		West Norfolk, North Norfolk
	East Norfolk	Broadland, Great Yarmouth,	4
		Norwich, South Norfolk
	Suffolk	Suffolk	6
	North West Essex	Braintree, Chelmsford,	5
		Epping Forest, Harlow,
		Uttlesford
	East Essex	Southend-on-Sea,	5
		Colchester, Maldon,
		Rochford, Tendring
	South Essex	Thurrock, Basildon,	4
		Brentwood, Castle Point
	East Hertfordshire	Broxbourne, East	4
		Hertfordshire, North
		Hertfordshire, Stevenage
	West Hertfordshire	Dacorum, Hertsmere, St	5
		Albans, Three Rivers,
		Watford, Welwyn Hatfield
	Bedfordshire	Luton, Bedford, Central	5
		Bedfordshire
	West End	City of London,	5
		Hammersmith & Fulham,
		Kensington & Chelsea,
		Westminster, Camden
	East End	Islington, Hackney,	6
		Newham, Tower Hamlets
	South Central London	Southwark, Lambeth,	6
		Wandsworth
	Ealing & Hounslow	Ealing, Hounslow	4
	Harrow & Hillingdon	Harrow, Hillingdon	4
	Brent & Barnet	Barnet, Brent	4
	North London	Haringey, Enfield, Waltham	5
		Forest
	North East London	Barking & Dagenham,	5
		Havering, Redbridge
	South East London	Lewisham, Bexley,	5
		Greenwich
	Croydon and Bromley	Bromley, Croydon	5
	South West London	Kingston upon Thames,	5
		Merton, Richmond upon
		Thames, Sutton
	Buckinghamshire	Milton Keynes,	6
		Buckinghamshire
	North Kent	Medway, Dartford,	5
		Gravesham, Swale
	East Kent	Ashford, Canterbury, Dover,	5
		Shepway, Thanet
	South West Kent	Maidstone, Sevenoaks,	4
		Tonbridge & Malling,
		Tunbridge Wells
	Brighton & East Sussex	East Sussex, Brighton &	6
		Hove
	West Sussex	West Sussex	6
	North East Hampshire	Basingstoke & Deane, East	5
		Hampshire, Hart, Rushmoor,
		Winchester
	South East Hampshire	Portsmouth, Fareham,	4
		Gosport, Havant
	West Hampshire	Southampton, Eastleigh,	5
		New Forest, Test Valley
	East Surrey	Elmbridge, Epsom & Ewell,	4
		Mole Valley, Reigate &
		Banstead, Tandridge
	West Surrey	Guildford, Runnymede,	5
		Spelthorne, Surrey Heath
		Waverley, Woking
	Isle of Wight	Isle of Wight	2
	Berkshire	Berkshire	6
	Oxfordshire	Oxfordshire	5
	Wiltshire	Swindon, Wiltshire	5
	Gloucestershire	Gloucestershire	5
	Bristol & South	Bristol, South	5
	Gloucestershire	Gloucestershire
	Bath & North Somerset	Bath, North East Somerset,	3
		North Somerset
	Somerset	Somerset	5
	Dorset	Bournemouth, Poole, Dorset	6
	North & East Devon	East Devon, Exeter, Mid	5
		Devon, North Devon,
		Torridge, West Devon
	South Devon	Plymouth, Torbay, South	5
		Hams, Teignbridge
	Cornwall & Isles of Scilly	Cornwall, Isles of Scilly	5
	Gwynedd	Isle of Anglesey, Gwynedd	2
	Clwyd	Conwy, Denbighshire,	4
		Flintshire, Wrexham
	Powys	Powys	2
	Dyfed	Ceredigion, Pembrokeshire,	4
		Carmarthenshire
	West Glamorgan	Swansea, Neath, Port Talbot	3
	Mid Glamorgan	Bridgend, Rhondda, Cynon	4
		Taff, Merthyr Tydfil
	South Glamorgan	Vale of Glamorgan, Cardiff	4
	Gwent	Caerphilly, Blaenau Gwent,	5
		Torfaen, Monmouthshire,
		Newport
	Northern Isles	Orkney Islands, Shetland	1
		Islands
	Eilean Siar	Eilean Siar	1
	Highland	Highland	3
	Aberdeen & Moray	Aberdeen, Aberdeenshire,	5
		Moray
	Angus	Angus, Dundee	3
	Central Scotland	Clackmannanshire, Perth and	3
		Kinross, Stirling
	Argyll & Bute	Argyll & Bute	1
	Fife	Fife	3
	Edinburgh	Edinburgh	4
	South East Scotland	East Lothian, Midlothian,	3
		Scottish Borders
	Dumfries & Galloway	Dumfries & Galloway	2
	Ayrshire	East Ayrshire, North	4
		Ayrshire, South Ayrshire
	Glasgow	Glasgow	5
	Outer Glasgow	East Dunbartonshire, East	4
		Renfrewshire, Inverclyde,
		Renfrewshire, West
		Dunbartonshire
	Lanarkshire	North Lanarkshire, South	5
		Lanarkshire
	Falkirk & West Lothian	Falkirk, West Lothian	3
	Northern Ireland North West	Ballymoney, Coleraine,	4
		Cookstown, Derry,
		Dungannon, Fermanagh,
		Limavady, Magherafelt,
		Moyle, Omagh, Strabane
	Belfast & South Antrim	Antrim, Ballymena, Belfast,	5
		Carrickfergus, Castlereagh,
		Larne, Lisburn,
		Newtonabbey
	Northern Ireland South East	Ards, Armagh, Banbridge,	4
		Craigavon, Down, Newry &
		Mourne, North Down

---

Revised 1 February 2010