483

House of Commons

Tuesday 26 January 2010

Committee of the whole House

Constitutional Reform and Governance Bill

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Note

The Amendments have been arranged in accordance with the Constitutional

Reform and Governance Bill Programme (No. 4) Motion.

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

Committee of the whole House: 26 January 2010

484

Constitutional Reform and Governance Bill, continued

[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.’.

Sir Patrick Cormack

Mr Douglas Hogg

60

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

absence’.

Sir Patrick Cormack

Mr Douglas Hogg

61

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

Sir Patrick Cormack

Mr Douglas Hogg

62

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

Sir Patrick Cormack

Mr Douglas Hogg

63

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

permanent leave’.

Sir Patrick Cormack

Mr Douglas Hogg

64

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

Sir Patrick Cormack

Mr Douglas Hogg

65

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

absence.’.

Sir Patrick Cormack

Mr Douglas Hogg

66

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

Committee of the whole House: 26 January 2010

485

Constitutional Reform and Governance Bill, continued

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.

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:—

Committee of the whole House: 26 January 2010

486

Constitutional Reform and Governance Bill, continued

‘(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:—

‘(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

Committee of the whole House: 26 January 2010

487

Constitutional Reform and Governance Bill, continued

(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.’.

Commission to recommend life peerages

Dr Tony Wright

Julie Morgan

Mr Gordon Prentice

Paul Rowen

Mr Ian Liddell-Grainger

Mr Charles Walker

NC60

To move the following Clause:—

‘(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

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

Committee of the whole House: 26 January 2010

488

Constitutional Reform and Governance Bill, continued

(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

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.

(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.’.

Committee of the whole House: 26 January 2010

489

Constitutional Reform and Governance Bill, continued

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.

(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).’.

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Revised 26 January 2010