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Notices of Amendments: 15 January 2010                  

279

 

Constitutional Reform and Governance Bill, continued

 
 

‘(1)    

There is to be a body corporate called the House of Lords Appointments

 

Commission (“the Commission”).

 

(2)    

The Commission shall make recommendations to the Crown for the creation of

 

life peerages.

 

(3)    

No recommendations for the creation of life peerages shall be made other than by

 

the Commission.

 

(4)    

All recommendations shall be presented to the Crown by the Prime Minister.

 

(5)    

Schedule [The House of Lords Appointments Commission] has effect.’.

 


 

Proposals for new peers

 

Dr Tony Wright

 

Julie Morgan

 

Mr Gordon Prentice

 

Paul Rowen

 

Mr Ian Liddell-Grainger

 

Mr Charles Walker

 

Kelvin Hopkins

 

NC61

 

To move the following Clause:—

 

‘(1)    

Proposals for new peers may be made to the Commission by—

 

(a)    

any individual other than those listed in paragraphs (b) and (c) in respect

 

of non-party members (“non-party nominees”);

 

(b)    

the leader of any registered political party (“party nominees”); and

 

(c)    

the Prime Minister acting as Prime Minister and not as the leader of a

 

registered political party (“prime ministerial nominees”).

 

(2)    

Prime ministerial nominees may include (but not be limited to) persons

 

nominated in order to take up post as a Minister of the Crown.’.

 


 

Nominees to meet specific criteria

 

Dr Tony Wright

 

Julie Morgan

 

Mr Gordon Prentice

 

Paul Rowen

 

Mr Ian Liddell-Grainger

 

Mr Charles Walker

 

Kelvin Hopkins

 

NC62

 

To move the following Clause:—

 

‘(1)    

Any recommendation made by the Commission for the conferment of a peerage

 

shall comply with the criteria specified in this section.


 
 

Notices of Amendments: 15 January 2010                  

280

 

Constitutional Reform and Governance Bill, continued

 
 

(2)    

The sole criteria for recommendation for a peerage as a party or prime ministerial

 

nominee shall be propriety.

 

(3)    

The principal criteria for recommendation for a peerage as a non-party nominee

 

shall be—

 

(a)    

conspicuous merit;

 

(b)    

propriety;

 

(c)    

independence from any registered political party; and

 

(d)    

a willingness and capacity to make a contribution to the work of the

 

House of Lords.

 

(4)    

For the purpose of subsection (3), a person shall be deemed to be independent of

 

any registered political party if in the two years prior to his nomination for a

 

peerage he—

 

(a)    

was not a member of a registered political party;

 

(b)    

had not given public support, by way of public speaking or appearance,

 

to a registered political party; and

 

(c)    

had not made a financial donation to any registered political party.

 

(5)    

The Commission may propose additional criteria for non-party nominees as it

 

deems appropriate.

 

(6)    

In proposing additional criteria the Commission shall have regard to the diversity

 

of the United Kingdom population.

 

(7)    

The criteria proposed by the Commission under subsection (3) shall be laid before

 

both Houses of Parliament as an Order by a Minister of the Crown and subject to

 

annulment in pursuance of a resolution of either House of Parliament.

 

(8)    

The criteria shall not be varied other than on a proposal made by the Commission

 

and subject to the procedure specified in subsection (7).

 

(9)    

The Commission may make such enquiry as it considers appropriate to ensure

 

that any person proposed for a peerage fulfils the criteria and it shall be a duty on

 

public bodies to co-operate with any such inquiry.’.

 


 

Criteria to be taken account of in making recommendations

 

Dr Tony Wright

 

Julie Morgan

 

Mr Gordon Prentice

 

Paul Rowen

 

Mr Ian Liddell-Grainger

 

Mr Charles Walker

 

Kelvin Hopkins

 

NC63

 

To move the following Clause:—

 

‘(1)    

At least once in each calendar year the Commission must publish, with reasons,

 

its recommendations for the creation of new peers under section [Proposals for

 

new peers] (1)(a) and (b), or a recommendation that no such creation should be

 

made.

 

(2)    

In determining how many new peerages to recommend, the Commission shall

 

have regard to the following—

 

(a)    

the existing size and composition of the House of Lords; and


 
 

Notices of Amendments: 15 January 2010                  

281

 

Constitutional Reform and Governance Bill, continued

 
 

(b)    

in relation to party nominees, the number of seats in the House of

 

Commons held by members of the party on whose behalf the nomination

 

is being made and the number of other such nominations made on behalf

 

of that party.

 

(3)    

For the purpose of determining its recommendations under subsection (1), the

 

Commission may consult such persons or bodies as it deems appropriate.’.

 


 

Guidelines

 

Dr Tony Wright

 

Julie Morgan

 

Mr Gordon Prentice

 

Paul Rowen

 

Mr Ian Liddell-Grainger

 

Mr Charles Walker

 

Kelvin Hopkins

 

NC64

 

To move the following Clause:—

 

‘(1)    

The Commission must issue guidelines setting out how it will interpret and apply

 

the criteria established under sections [Nominees to meet specific criteria] and

 

[Criteria to be taken account of in making recommendations].

 

(2)    

The guidelines issued under subsection (1) shall be laid before both Houses of

 

Parliament as an Order by a Minister of the Crown and subject to annulment in

 

pursuance of a resolution of either House of Parliament.

 

(3)    

The guidelines, one approved, shall be publicised by the Commission in such

 

manner as it deems appropriate.

 

(4)    

The guidelines shall not be varied other than by the procedure specified in

 

subsection (2).’.

 


 

Certificate to be conclusive

 

Dr Tony Wright

 

Julie Morgan

 

Mr Gordon Prentice

 

Paul Rowen

 

Mr Ian Liddell-Grainger

 

Mr Charles Walker

 

Kelvin Hopkins

 

NC65

 

To move the following Clause:—


 
 

Notices of Amendments: 15 January 2010                  

282

 

Constitutional Reform and Governance Bill, continued

 
 

‘Where the Commission certifies that a person recommended for a peerage meets

 

the published criteria, its certificate shall be conclusive.’.

 


 

Party leaders to furnish information to Commission

 

Dr Tony Wright

 

Julie Morgan

 

Mr Gordon Prentice

 

Paul Rowen

 

Mr Ian Liddell-Grainger

 

Mr Charles Walker

 

Kelvin Hopkins

 

NC66

 

To move the following Clause:—

 

‘(1)    

Where names are submitted to the Commission by a leader of a registered

 

political party under section [Proposal for new peers](1)(b), the leader shall

 

inform the Commission of the procedure and criteria adopted by the party for the

 

purposes of selecting the name for submission.

 

(2)    

Leaders of registered political parties, submitting names to the Commission shall

 

supply such other information as may be requested by the Commission.’.

 


 

Definitions

 

Dr Tony Wright

 

Julie Morgan

 

Mr Gordon Prentice

 

Paul Rowen

 

Mr Ian Liddell-Grainger

 

Mr Charles Walker

 

Kelvin Hopkins

 

NC67

 

To move the following Clause:—

 

‘In this Chapter and Schedule [House of Lords Appointments Commission],

 

“registered leader”, in relation to a party, means the person registered as that

 

party’s leader in accordance with section 24 of the Political Parties, Elections and

 

Referendums Act 2000 (c. 41); and

 

“registered party” means a party registered in a register of political parties

 

maintained by the Electoral Commission in accordance with section 23 of that

 

Act.’.

 



 
 

Notices of Amendments: 15 January 2010                  

283

 

Constitutional Reform and Governance Bill, continued

 
 

New Schedule relating to part 3

 

Dr Tony Wright

 

Julie Morgan

 

Mr Gordon Prentice

 

Paul Rowen

 

Mr Ian Liddell-Grainger

 

Mr Charles Walker

 

Kelvin Hopkins

 

NS5

 

To move the following Schedule:—

 

‘House of Lords Appointments Commission

 

Membership of the Commission

 

1    (1)  

The Commission shall consist of seven members, including the Chairman.

 

      (2)  

Members of the Commission, including the Chairman, shall serve for a non-

 

renewable term of five years.

 

      (3)  

Members of the Commission, including the Chairman, may be removed by the

 

Crown on an address by both Houses of Parliament.

 

      (4)  

Members of the Commission, including the Chairman, may resign.

 

      (5)  

If a member of the Commission resigns or otherwise ceases to be a member of

 

the Commission before the expiring of their term the member appointed to

 

replace the former member shall serve for the remainder of the term of that

 

former member and may be re-appointed for one further term.

 

      (6)  

The terms on which the Chairman of the Commission or a member of the

 

Commission holds office are to be determined by the Minister for the Civil

 

Service.

 

Appointment of the Chairman of the Commission

 

2    (1)  

The Chairman of the Commission shall be appointed by Her Majesty on the

 

recommendation of the Prime Minister.

 

      (2)  

A person’s selection for recommendation under sub-paragraph (1) must be on

 

merit on the basis of fair and open competition.

 

      (3)  

A person recommended under sub-paragraph (1) shall be independent of any

 

political party.

 

      (4)  

No-one shall be nominated under sub-paragraph (1) if at any time in the

 

preceding two years he—

 

(a)    

has been a member of a registered political party;

 

(b)    

has given public support, by way of public speaking or appearance, to

 

a registered political party; or

 

(c)    

has made a financial donation to any registered political party.

 

      (5)  

Before recommending a person the Prime Minister must seek the agreement of

 

the relevant party leaders.

 

      (6)  

A relevant leader of a political party is the registered leader of a registered

 

political party which had the highest, second highest or third highest national

 

vote at the previous parliamentary general election.


 
 

Notices of Amendments: 15 January 2010                  

284

 

Constitutional Reform and Governance Bill, continued

 
 

Appointment of non-party members of the Commission

 

3    (1)  

Three members of the Commission shall be appointed by Her Majesty on the

 

recommendation of the Prime Minister.

 

      (2)  

A person’s selection for recommendation under sub-paragraph (1) must be on

 

merit on the basis of fair and open competition.

 

      (3)  

Members recommended under sub-paragraph (1) shall be independent of any

 

political party.

 

      (4)  

No-on shall be recommended under sub-paragraph (1) if at any time in the

 

preceding two years he—

 

(a)    

has been a member of a registered political party;

 

(b)    

has given public support, by way of public speaking or appearance, to

 

a registered political party; or

 

(c)    

has made a financial donation to any registered political party.

 

Appointment of party members of the Commission

 

4    (1)  

Three members of the Commission shall be appointed by Her Majesty on the

 

recommendation of the relevant leaders of political parties.

 

      (2)  

A relevant leader of a political party is the registered leader of a registered

 

political party which had the highest, second highest or third highest national

 

vote at the previous parliamentary general election.

 

      (3)  

Each relevant leader may only recommend one person for nomination to Her

 

Majesty.

 

      (4)  

No-one shall be recommended under sub-paragraph (3) who is a Minister of

 

the Crown or holder of a national office in any registered political party.

 

Payment of remuneration and allowances etc.

 

5    (1)  

The terms mentioned in paragraph 1(6) may provide for the Commission—

 

(a)    

to pay remuneration and allowances to the person appointed;

 

(b)    

to make provision for a pension in relation to that person.

 

      (2)  

The Commission must make the payments or provision accordingly.

 

Resignation or removal from office

 

6    (1)  

This paragraph is about resignation or removal from office of the Chairman or

 

a member of the Commission.

 

      (2)  

A person may resign from office by giving written notice to the Minister for

 

the Civil Service.

 

      (3)  

Her Majesty may, on the recommendation of the Minister, remove a person

 

from office if a condition in sub-paragraph (4) is met.

 

      (4)  

The conditions are that—

 

(a)    

the person is absent from three successive meetings of the

 

Commission without the Commission’s approval;

 

(b)    

the person is convicted of an offence (see sub-paragraph (5));

 

(c)    

the person becomes bankrupt (see sub-paragraph (6));

 

(d)    

the person is unfit or unable to carry out the functions of the office.

 

      (5)  

For the purposes of determining if a person is convicted of an offence—

 

(a)    

it does not matter where the person is convicted;

 

(b)    

an act punishable under the law of a territory outside the United

 

Kingdom constitutes an offence for the purposes of this paragraph

 

(however it is described in that law).


 
 

Notices of Amendments: 15 January 2010                  

285

 

Constitutional Reform and Governance Bill, continued

 
 

      (6)  

A person becomes bankrupt if—

 

(a)    

in England and Wales or Northern Ireland, a bankruptcy order is made

 

in relation to the person, or

 

(b)    

in Scotland, the person’s estate is sequestrated.

 

Compensation for loss of office of First Commissioner or Commission

 

7    (1)  

The Minister for the Civil Service may direct the Commission to pay

 

compensation if—

 

(a)    

a person ceases to hold office as First Commissioner or

 

Commissioner, and

 

(b)    

the Minister is satisfied that, because of the circumstances in which the

 

person ceased to hold office, compensation should be paid to the

 

person.

 

Status of the Commission and its property

 

8    (1)  

The Commission (including its members and employees) is not to be

 

regarded—

 

(a)    

as the servant or agent of the Crown,

 

(b)    

or as enjoying any status, immunity or privilege of the Crown.

 

      (2)  

The Commission’s property is not to be regarded as property of, or held on

 

behalf of, the Crown.

 

Powers

 

9    (1)  

The Commission may do anything calculated to facilitate, or be incidental or

 

conducive to, the carrying out of any of its functions.

 

      (2)  

But the Commission may not borrow money except with the agreement of the

 

Minister for the Civil Service.

 

      (3)  

Nothing in this Schedule which specifies powers of the Commission limits the

 

generality of sub-paragraph (1).

 

Committees

 

10  (1)  

The Commission may establish committees.

 

      (2)  

A committee of the Commission may establish sub-committees.

 

      (3)  

Members of a committee or sub-committee may include persons who are not

 

members of the Commission.

 

Procedure and proceedings

 

11  (1)  

The Commission may regulate its own procedure, and the procedure of its

 

committees and sub-committees, including quorum.

 

      (2)  

The validity of proceedings of the Commission or a committee or sub-

 

committee is not affected by—

 

(a)    

a vacancy among the members, or

 

(b)    

a defect in the appointment of a member.

 

Staff

 

12         

The Commission may employ staff.


 
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