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Constitutional Reform and Governance Bill, continued

(3)	For the purposes of this section, the Speaker may delegate the matter referred to

in section 14ZA(2) to the person who is in the chair of the relevant meeting.”’.

Secretary Jack Straw

98

Schedule  5,  page  55,  line  43,  leave out ‘250’ and insert ‘300’.

David Howarth

Mr David Heath

109

Schedule  5,  page  56,  line  16,  leave out from ‘any’ to ‘used’ in line 17 and insert

‘day on which the specified building is’.

David Howarth

Mr David Heath

110

Schedule  5,  page  56,  leave out line 20.

Secretary Jack Straw

99

Schedule  5,  page  56,  line  21,  leave out from second ‘requirements’ to end of line

22 and insert ‘specifying entrances at or by the specified building—’.

David Howarth

Mr David Heath

107

Schedule  5,  page  56,  leave out lines 26 and 27.

Mr Andrew Dismore

112

Schedule  5,  page  56,  line  27,  at end insert ‘in relation to how the specified

requirements for maintaining access to and from the specified building shall be met’.

David Howarth

Mr David Heath

105

Schedule  5,  page  56,  leave out lines 28 to 30 and insert ‘A statutory instrument

containing an order under this section must be approved by both Houses of Parliament.’.

Mr Dominic Grieve

Mrs Eleanor Laing

Mr Crispin Blunt

118

Schedule  5,  page  56,  leave out lines 33 to 37 and insert—

‘Serious Organised Crime and Police Act 2005 (c. 15)

2    (1)

In section 137, the following amendments are made in relation to the use of

amplified noise equipment in the area around Parliament.

(2)	For “loudspeaker” wherever it occurs substituted “amplified noise

equipment”.

(3)	In subsection (1) leave out “in a street in the designated area” and insert “in the

area around Parliament, as specified by order under section 14ZB of the Public

Order Act 1986”.

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Constitutional Reform and Governance Bill, continued

(4)	In subsection (2), leave out paragraph (i).

(5)	After subsection (3) insert—

“(3A)

A police officer shall, on receipt of a complaint of excessive noise

caused by amplified noise equipment, have the power—

(a)	to require the operator to desist, and

(b)	in the event of non-compliance, to seize the amplified noise

equipment and to retain it as long as it is deemed

necessary.”.

(6)	In subsection (6) leave out “or of” and insert “save where prohibited under”.’.

David Howarth

Mr David Heath

108

Schedule  5,  page  57,  line  1,  leave out paragraph (5).

David Howarth

Mr David Heath

28

Page  54,  line  20,  leave out Schedule 5.

new clause relating to the effect of section 18(7) of the electoral

administration act 2006

Section 3 of the Act of Settlement

Secretary Jack Straw

NC57

To move the following Clause:—

‘(1)	For the avoidance of doubt, the repeal in section 18(7) of the Electoral

Administration Act 2006 (c. 22) of the entry in Schedule 7 to the British

Nationality Act 1981 (c. 61) (entry which modified certain disqualifications

imposed by section 3 of the Act of Settlement (1700 c. 2)) applied only so far as

the modification made by that entry related to—

(a)	membership of the House of Commons, or

(b)	anything from which a person is disqualified by virtue of a

disqualification from membership of that House.

(2)	Section 3 of the Act of Settlement (1700 c. 2) has effect accordingly, and has done

so since the coming into force of section 18 of the Electoral Administration Act

2006 (c. 22).’.

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Constitutional Reform and Governance Bill, continued

fourth day

Mr Dominic Grieve

Mrs Eleanor Laing

123

Page  15,  line  4,  leave out Clause 29.

Mr Andrew Tyrie

Keith Vaz

92

Clause  30,  page  15,  line  32,  at end insert ‘or a term peer within the meaning of

section [Term peerages] of this Act’.

David Howarth

Mr David Heath

34

Clause  30,  page  15,  line  36,  leave out ‘ignore’ and insert ‘the following shall be

disregarded’.

Mr Andrew Tyrie

Keith Vaz

93

Schedule  4,  page  52,  line  36,  after ‘(c.21)’, insert ‘or a term peer under section

[Term peerages]’.

Mr Douglas Hogg

45

Clause  31,  page  16,  line  36,  at end add—

‘(9)	An expulsion or suspension resolution shall not have effect for any of the

purposes stated in that resolution unless the resolution was voted for by at least

one third of the excepted hereditary peers, and life peers then being qualified to

vote in the proceedings of the House of Lords.’.

Mr Douglas Hogg

44

Clause  32,  page  16,  line  38,  after second ‘peer’ insert ‘and who has been an

excepted hereditary peer or a life peer for not less than five years’.

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275

Constitutional Reform and Governance Bill, continued

Sir Patrick Cormack

60

Clause  32,  page  16,  line  39,  leave out ‘resign’ and insert ‘seek permanent leave of

absence’.

Sir Patrick Cormack

61

Clause  32,  page  16,  line  40,  leave out ‘resigns’ and insert ‘obtains such leave’.

Sir Patrick Cormack

62

Clause  32,  page  16,  line  40,  leave out ‘of the peer’s resignation’.

Sir Patrick Cormack

63

Clause  32,  page  16,  line  42,  leave out ‘resigning peer’ and insert ‘peer seeking

permanent leave’.

Sir Patrick Cormack

64

Clause  32,  page  17,  line  3,  leave out ‘resigning’.

Sir Patrick Cormack

65

Clause  32,  page  17,  line  3,  at end insert ‘confirming the grant of permanent leave of

absence.’.

Sir Patrick Cormack

66

Clause  32,  page  17,  line  4,  leave out ‘resignation’ and insert ‘permanent leave’.

David Howarth

Mr David Heath

94

Clause  32,  page  17,  line  4,  at end insert—

‘(6)	A person who has resigned from the House of Lords under this section may not

be nominated for election to the House of Commons for a period of five years

after the certificate takes effect.’.

Mr Dominic Grieve

Mrs Eleanor Laing

124

Page  16,  line  37,  leave out Clause 32.

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276

Constitutional Reform and Governance Bill, continued

Sir Patrick Cormack

67

Clause  33,  page  17,  line  6,  leave out subsection (1).

David Howarth

Mr David Heath

26

Clause  34,  page  17,  line  36,  leave out subsection (2).

New Clauses Relating to Part 3

Commencement of Part 3

David Howarth

Mr David Heath

NC18

To move the following Clause:—

‘This Part shall have no effect until the Secretary of State certifies that legislation

is in force that provides for the democratic election of all the members of the

House of Lords, either thenceforth or according to an ascertainable timetable.’.

Life peerages

Mr Douglas Hogg

NC25

To move the following Clause:—

‘(1)	The Life Peerages Act 1958, is amended is as follows.

(2)	In section 1(1), after “life”, insert “or such other period as may be specified in the

letters patent”.

(3)	In section 1(2), after “conferred” insert, “or at the end of such other period as may

have been specified in the letters patent”.’.

Members of House of Lords to be able to choose to be designated Senators

Andrew Mackinlay

NC44

To move the following Clause:—

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Constitutional Reform and Governance Bill, continued

‘(1)	A member of the House of Lords may choose to designate themselves as Senator

instead of their peerage title.

(2)	References to members of the House of Lords in existing legislation shall be read

as including Senators designated under this section.’.

Members of House of Lords to be able to choose to be designated MHL

Andrew Mackinlay

NC45

To move the following Clause:—

‘(1)	A member of the House of Lords may designate themselves by the initials MHL

instead of their peerage title.

(2)	References to members of the House of Lords in existing legislation shall be read

as including those designated MHL under this section.’.

Term peerages

Mr Andrew Tyrie

Keith Vaz

NC47

To move the following Clause:—

‘(1)	Her Majesty shall have power by letters patent to confer on any person a term

peerage having the incidents specified in subsection (2) of this section.

(2)	A term peerage conferred under this section shall entitle the person on whom it is

conferred—

(a)	to rank as a baron under such style as may be appointed by the letters

patent; and

(b)	subject to the relevant provisions of sections 30 to 33 above, to receive

writs of summons to attend the House of Lords and sit and vote therein

accordingly.

(3)	Subject to subsection (4), a term peerage conferred under this section shall expire

on the appointed day of poll for the third General Election after the day on which

the term peerage was conferred.

(4)	Where a period of two years or less has elapsed from the day of conferment of a

term peerage under this section to the day of poll for a General Election, that poll

for a General Election shall be disregarded for the purposes of calculation under

subsection (3) above of the time of expiry of that term peerage.’.

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278

Constitutional Reform and Governance Bill, continued

Deemed resignation and suspension on grounds of tax status

David Howarth

Mr David Heath

Chris Huhne

NC54

To move the following Clause:—

‘(1)	A member of the House of Lords is deemed to have resigned under section 32 if,

after the commencement of this section, he makes a declaration to the effect

that—

(a)	he is not resident in the United Kingdom for the purposes of income tax,

or

(b)	in the previous 12 months he has made a claim to be taxed on the

remittance basis as a non-domiciled resident.

(2)	The date of a resignation under subsection (1) is the day the declaration is made.

(3)	A resignation under this section comes into effect regardless of whether it would

be a valid resignation under section 32.

(4)	Every member of the House of Lords must make a declaration at least once every

calendar year about his residence and domicile for tax purposes.

(5)	A declaration under subsection (4) must state the member’s belief about his

residence for tax purposes and about whether he has made a claim to be taxed on

the remittance basis as a non-domiciled resident.

(6)	A copy of every declaration made under subsection (4) shall be deposited with the

Clerk of the Parliaments.

(7)	A member of the House of Lords who fails to make a declaration under

subsections (4) and (5) by the last day of December of any year is suspended from

the House of Lords from the following day as if a resolution of suspension had

been passed under section 31, such suspension to last until such time as the

member makes a declaration complying with subsection (5).

(8)	A member of the House of Lords who dishonestly makes a false declaration under

this section is guilty of an offence.

(9)	Anyoune found guilty of an offence under subsection (8)—

(a)	shall be disqualified from membership of the House of Lords, and

(b)	shall be liable to imprisonment of up to five years and to an unlimited

fine.

(10)	The offence created by subsection (8) shall be triable on indictment only.’.

Commission to recommend life peerages

Dr Tony Wright

Julie Morgan

Mr Gordon Prentice

Paul Rowen

Mr Ian Liddell-Grainger

Mr Charles Walker

Kelvin Hopkins

NC60

To move the following Clause:—

---

Revised 18 January 2010