Notices of Amendments: 5 February 2010

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Constitutional Reform and Governance Bill, continued

Referendums: person may not be “responsible person” for more than one permitted

participant

Secretary Jack Straw

nc95

To move the following Clause:—

‘(1)	Part 7 of the Political Parties, Elections and Referendums Act 2000 (referendums)

is amended as follows.

(2)	In section 105 (permitted participants), in subsection (1)(b)(i), after “(as defined

by section 54(8))” insert “who is not the responsible person, in relation to the

referendum, for another permitted participant”.

(3)	In section 106 (declarations and notifications for purposes of section 105), after

subsection (4) insert—

“(4A)

A declaration made or notification given by a body in relation to a

particular referendum does not comply with the requirement in

subsection (2)(b) or (4)(b)(ii) (to state the name of the person who will be

responsible for compliance) if the person whose name is stated—

(a)	is already the responsible person for a permitted participant in

relation to the referendum,

(b)	is an individual who gives a notification under subsection (3) in

relation to the referendum at the same time, or

(c)	is the person whose name is stated, in purported compliance with

the requirement in subsection (2)(b) or (4)(b)(ii), in a notification

given in relation to the referendum at the same time by another

body.

In this subsection “the person”, in relation to a body other than a minor

party, is to be read as “the person or officer”.”’.

Referendums: expenses incurred by persons acting in concert

Secretary Jack Straw

nc96

To move the following Clause:—

‘(1)	Part 7 of the Political Parties, Elections and Referendums Act 2000 (referendums)

is amended as follows.

(2)	In section 118 (special restriction on referendum expenses by permitted

participants), in subsection (4), after “for the purposes of this section,” insert

“section 118A,”.

(3)	After that section insert—

“118A

Referendum expenses incurred by persons acting in concert

(1)	This section applies where—

(a)	any referendum expenses are incurred by or on behalf of an

individual or body during the referendum period for a

referendum to which this Part applies, and

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Constitutional Reform and Governance Bill, continued

(b)	the expenses are so incurred in pursuance of a plan or other

arrangement whereby referendum expenses are to be incurred by

or on behalf of—

(i)	that individual or body, and

(ii)	one or more other individuals or bodies,

respectively with a view to, or otherwise in connection with,

promoting or procuring one particular outcome in relation to any

question asked in the referendum.

(2)	The expenses mentioned in subsection (1)(a) shall be treated for the

purposes of—

(a)	section 117,

(b)	section 118 and Schedule 14, and

(c)	sections 120 to 123,

as having also been incurred, during the referendum period, by or on

behalf of the other individual or body (or, as the case may be, each of the

other individuals or bodies) mentioned in subsection (1)(b)(ii).

(3)	This section applies whether or not any of the individuals or bodies in

question is a permitted participant.”’.

Mental Health Act 1983

Mr Mark Harper

Lynne Jones

Mr Dai Davies

Sandra Gidley

Mr Charles Walker

Miss Anne Begg

NC1

To move the following Clause:—

‘(1)	The Mental Health Act 1983 is amended as follows.

(2)	Subsections (2) to (7) of section 141 are deleted.’.

Paragraphs 316-329 of the Final Report of the Speaker’s Conference (on Parliamentary Repre­

sentation), Session 2009-10, HC 239-I, are relevant to the new Clause.

Notices of Amendments: 5 February 2010

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Constitutional Reform and Governance Bill, continued

Ban on Attorney General directions in individual cases

David Howarth

Mr David Heath

Lynne Featherstone

NC2

To move the following Clause:—

‘(1)	The Attorney General’s function of superintendence of the Directors does not

include power to give a direction in relation to an individual case.

(2)	In this section and in section [Protocol for running of prosecution services] “the

Directors” means—

(a)	the Director of Public Prosecutions;

(b)	the Director of the Serious Fraud Office;

(c)	the Director of Revenue and Customs Prosecutions.’.

Protocol for running of prosecution services

David Howarth

Mr David Heath

Lynne Featherstone

NC3

To move the following Clause:—

‘(1)	The Attorney General must, in consultation with the Directors, prepare a

statement (a “protocol”) of how the Attorney General and the Directors are to

exercise their functions in relation to each other.

(2)	The protocol may in particular includes provisions as to—

(a)	the general responsibilities of the Attorney General and each of the

Directors;

(b)	the arrangements for ensuring that the Attorney General is properly

advised on matters relating to the strategic direction of the prosecution

services and on matters affecting more than one prosecution service;

(c)	the circumstances in which the Attorney General is to be consulted or

provided with information;

(d)	the objectives of the prosecution services;

(e)	the way in which the objectives are set and the means by which their

achievement or otherwise is reviewed;

(f)	the roles of the Attorney General and the Directors in relation to criminal

justice policy;

(g)	the way in which matters relating to the accountability of the Attorney

General to Parliament for the prosecution services are to be handled;

(h)	the roles of the Attorney General and the Directors in relation to dealings

with representatives of the press and other media;

(i)	procedures for dealing with complaints relating to the prosecution

services.

(3)	The Attorney General must lay the protocol before Parliament.

(4)	The protocol shall come into force when a resolution approving it has been passed

by each House of Parliament.

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(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.’.

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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.

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(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.’.

Notices of Amendments: 5 February 2010

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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.’.

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Revised 8 February 2010