Notices of Amendments: 22 January 2010

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Constitutional Reform and Governance Bill, continued

(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

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

(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

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.

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Constitutional Reform and Governance Bill, continued

(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

NC65

To move the following Clause:—

‘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

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.’.

Notices of Amendments: 22 January 2010

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Constitutional Reform and Governance Bill, continued

Definitions

Dr Tony Wright

Julie Morgan

Mr Gordon Prentice

Paul Rowen

Mr Ian Liddell-Grainger

Mr Charles Walker

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.’.

New Schedule relating to part 3

Dr Tony Wright

Julie Morgan

Mr Gordon Prentice

Paul Rowen

Mr Ian Liddell-Grainger

Mr Charles Walker

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.

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Constitutional Reform and Governance Bill, continued

(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.

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.

Notices of Amendments: 22 January 2010

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Constitutional Reform and Governance Bill, continued

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).

(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 Chairman of the Commission or a member of the

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 Chairman of the Commission or a

member of the Commission, 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).

Notices of Amendments: 22 January 2010

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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.

Pensions

13  (1)

Employment by the Commission is included among the kinds of employment

to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) may

apply.

(2)	The offices of Chairman of the Commission and member of the Commission

are included among the offices to which such a scheme may apply.

(3)	Accordingly, in Schedule 1 to the Superannuation Act 1972 (kinds of

employment to which a scheme under section 1 of that Act may apply)—

(a)	at the end of the list of “Royal Commissions and other Commissions”

insert “House of Lords Appointments Commission”,

(b)	in the list of “Offices” insert, at the appropriate place, “House of Lords

Appointments Commission”.

(4)	The Commission must pay the Minister for the Civil Service the sums

determined by the Minister in relation to any increase attributable to this

paragraph in the sums payable out of money provided by Parliament under the

Superannuation Act 1972 (c. 11).

(5)	The payments must be made at the times directed by the Minister.

Arrangements for assistance

14  (1)

The Commission may make arrangements with other persons for the provision

of assistance to the Commission.

(2)	In particular, arrangements may be made with the Minister for the Civil

Service for civil servants to provide assistance.

(3)	Arrangements may provide for the making of payments by the Commission.

Delegation

15  (1)

The Commission may delegate functions to—

(a)	any of its members;

(b)	any of its committees;

(c)	any of its employees;

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Constitutional Reform and Governance Bill, continued

(d)	a person with whom arrangements are made under paragraph 14 or a

person (including a civil servant) assisting the Commission under such

arrangements.

(2)	A committee may delegate functions (including functions delegated to it) to a

sub-committee.

Financial provisions

16  (1)

The Minister for the Civil Service must pay to the Commission the sums

determined by the Minister as appropriate for, or in connection with, the

carrying out of the Commission’s functions.

(2)	When making a payment, the Minister may impose conditions—

(a)	about how some or all of the money is to be used;

(b)	requiring the Commission to follow specified procedures in relation to

its costs and expenditure.

(3)	Before making a determination under sub-paragraph (1) or imposing a

condition under sub-paragraph (2), the Minister must consult the Commission.

Accounts

17  (1)

The Commission must keep proper accounts and proper records in relation to

them.

(2)	The Commission must prepare a statement of accounts for each financial year

(see paragraph 19).

(3)	The statement must give a true and fair view of—

(a)	the state of the Commission’s affairs at the end of the financial year,

and

(b)	the Commission’s income and expenditure and cash flows in the

financial year.

(4)	The statement must be in compliance with any directions given by the Minister

for the Civil Service with the Treasury’s approval as to—

(a)	the information to be contained in the statement,

(b)	the manner in which the information is to be presented, or

(c)	the methods and principles according to which the statement is to be

prepared.

(5)	The Commission must send the statement to the Minister at such time as the

Minister may direct.

(6)	The Minister must then send the statement to the Comptroller and Auditor

General.

(7)	The Comptroller and Auditor General must—

(a)	examine, certify and report on the statement, and

(b)	lay copies of the statement and the report before Parliament (unless it

has been arranged for the Minister to do so).

Reports

18  (1)

The Commission—

(a)	must, as soon as practicable after the end of each financial year (see

paragraph 19), prepare a report about the carrying out of its functions

during the year, and

(b)	may prepare a report at any other time about any matter relating to the

carrying out of its functions.

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Revised 25 January 2010