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Session 2009 - 10
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Notices of Amendments: 5 February 2010                  

803

 

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.’.

 



 
 

Notices of Amendments: 5 February 2010                  

804

 

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.’.

 



 
 

Notices of Amendments: 5 February 2010                  

805

 

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.


 
 

Notices of Amendments: 5 February 2010                  

806

 

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”.


 
 

Notices of Amendments: 5 February 2010                  

807

 

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.


 
 

Notices of Amendments: 5 February 2010                  

808

 

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”.’.

 



 
 

Notices of Amendments: 5 February 2010                  

809

 

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.’.

 



 
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