House of Commons Public Bill Committee Proceedings

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 9 February 2010
228

Constitutional Reform and Governance Bill, continued

‘voting by simple majority

Local Government (Northern Ireland) Act 1972 (c. 9)

1
The provisions under this Act of the Northern Ireland Parliament and under

preceding legislation of the Northern Ireland Parliament which provide for the

use of the single transferable vote in local elections are repealed.

Government of Wales Act 1998 (c. 38)

2    (1)
In section 2, leave out subsections (1) and (2) and insert—

“(1)
The Assembly shall consist of 60 members.

(2)
The Boundary Commission for Wales shall submit a report to the

Secretary of State on the creation of 60 Assembly constituencies to be

determined with due regard to parliamentary constituency and local

authority boundaries. An order givng effect to such a report shall not

have effect unless approved by resolution of both Houses of

Parliament.

(2A)
Assembly members shall be elected in each constituency by the simple

majority system.”.

      (2)
In section 4, leave out subsections (1) to (6) and (8).

      (3)
Leave out sections 5, 6, 7 and 9.

      (4)
In section 10(2), leave out “or more than one electoral region vote”.

      (5)
In sections 14 and 15, leave out the words “or Assembly electoral region”

wherever occurring.

      (6)
Leave out Schedule 1.

Northern Ireland (Elections) Act 1998 (c. 12)

3    (1)
In section 1, leave out subsections (3) to (5) and insert—

“(2A)
The Boundary Commission for Northern Ireland shall submit a report

to the Secretary of State on the creation of 108 Assembly

constituencies to be determined with due regard to parliamentary

constituency and local authority boundaries. An order giving effect to

such a report shall not have effect unless approved by resolution of

each House of Parliament.

(2B)
Assembly members shall be elected in each constituency by the simple

majority system.”.

      (2)
In section 2, leave out subsections (3) and (4).

Scotland Act 1998 (c. 46)

4    (1)
In section 1, leave out subsection (3).

      (2)
Leave out sections 5, 6, 7, 8 and 10

      (3)
In section 11, leave out subsection (2)(b).

      (4)
In section 12, leave out subsection (2)(f) and subsection (3).

      (5)
In sections 17 and 18, leave out the words “or region” wherever occurring.

      (6)
Leave out Schedule 1 and insert—

Committee of the whole House Proceedings: 9 February 2010
229

Constitutional Reform and Governance Bill, continued

“scottish parliamentary constituencies

    (1)
The Boundary Commission for Scotland shall submit a report to the

Secretary of State on the creation of 129 Scottish Parliamentary

constituencies, with due regard to parliamentary constituency and

local authority boundaries.

      (2)
An order giving effect to such a report shall not have effect unless

approved by resolution of each House of Parliament.”.

Local Government Act 2000 (c. 22)

5    (1)
Leave out section 42 and insert—

“41A (1)
Each person entitled to vote as an elector at an election for the return

of an elected mayor is to have one vote.

      (2)
The elected mayor is to be returned under the simple majority

system.”.

      (2)
Leave out Schedule 2.

European Parliament Elections Act 2002 (c. 24)

6    (1)
Leave out sections 1 to 3 and insert—

“1
For the purposes of election in the United Kingdom of members of

the European Parliament [MEPs], the United Kingdom is to be

divided into 87 equal electoral districts, to be determined by the

Boundary Commission, with due regard to parliamentary

constituency and local authority boundaries.

2
MEPs shall be elected in each electoral district by the simple

majority system.”.

      (2)
Leave out Schedule 1.

Local Government (Scotland) Act 2004 (2004 asp 9)

7    (1)
In section 2, leave out from “paper” to end and insert “the voter’s preference

for the candidates to be councillor up to the number of councillors to be elected

for that electoral ward”.

      (2)
In section 3, leave out subsection (2).’.

Mark Lazarowicz

Not selected  NS10

To move the following Schedule:—

“Election of Regional Members to the House of Commons

    (3)
In each constituency, a poll shall be held at which each person entitled to vote

as elector may give a vote (referred to in this Act as a “regional vote”) for—

(a)
a registered political party which has submitted a regional list, or

(b)
an individual candidate to be a regional member for the region.

Committee of the whole House Proceedings: 9 February 2010
230

Constitutional Reform and Governance Bill, continued

      (4)
The right conferred on a person by subsection (1) is in addition to any right the

person may have to vote in any poll for the return of a constituency member.

      (5)
The persons who are to be returned under the alternative-vote system must be

determined before the persons who are to be returned as the regional members

for the region.

      (6)
For each registered political party which has submitted a regional list, the

regional figure for the purposes of this schedule is—

(a)
the total number of regional votes given for the party in all the

constituencies included in the region, divided by

(b)
the aggregate of one plus the number of candidates of the party

returned as constituency members for any of those constituencies.

      (7)
Each time a seat is allocated to the party under this rule, that figure shall be

recalculated by increasing (or further increasing) the aggregate in subsection

(4)(b) by one.

      (8)
For each individual candidate to be a regional member for the region, the

regional figure for the purposes of this schedule is the total number of regional

votes given for him in all the constituencies included in the region.

      (9)
The first regional member seat shall be allocated to the registered political

party or individual candidate with the highest regional figure.

    (10)
The second and subsequent regional member seats shall be allocated to the

registered political party or individual candidate with the highest regional

figure, after any recalculation required by subsection (5) has been carried out.

    (11)
An individual candidate already returned as a constituency or regional member

shall be disregarded.

    (12)
Seats for the region which are allocated to a registered political party shall be

filled by the persons in the party’s regional list in the order in which they

appear in the list.

    (13)
For the purposes of this schedule, a person in a registered political party’s

regional list who is returned as a member of the Parliament shall be treated as

ceasing to be in the list (even if his return is void).

    (14)
Once a party’s regional list has been exhausted the party shall be disregarded.’.

David Howarth

Mr David Heath

Chris Huhne

Not called  95

Clause  62,  page  32,  line  38,  at beginning insert ‘Except for section [Electoral

System for the House of Commons], which shall come into force at Royal Assent,’.

Secretary Jack Straw

Agreed to  100

Clause  62,  page  32,  line  38,  leave out ‘(apart from this Part)’.

David Howarth

Mr David Heath

Not called  35

Clause  62,  page  32,  line  40,  at end insert—

‘(3A)
Subsection (3) is subject to section [Commencement of Part 3].’.

Committee of the whole House Proceedings: 9 February 2010
231

Constitutional Reform and Governance Bill, continued

Secretary Jack Straw

Not moved  101

Clause  62,  page  32,  line  40,  at end insert—

‘( )
Subsection (3) does not apply to—

(a)
section [Section 3 of the Act of Settlement], and

(b)
this Part,


(which accordingly come into force on the day this Act is passed).’.

Secretary Jack Straw

Not moved  132

Clause  62,  page  32,  line  40,  at end insert—

‘( )
Subsection (3) does not apply to the following provisions of this Act (which

accordingly come into force on the day this Act is passed)—

(a)
section [Tax status of MPs and members of the House of Lords];

(b)
section [Tax status of members of the House of Lords: transitional

provision] (or section 33, so far as applied by that section);

(c)
section [Section 3 of the Act of Settlement];

(d)
this Part.’.

Secretary Jack Straw

Agreed to  136

Clause  62,  page  32,  line  40,  at end insert—

‘( )
Subsection (3) does not apply to the following provisions of this Act (which

accordingly come into force on the day this Act is passed)—

(a)
sections [Referendum on voting systems] and [Referendum period];

(b)
section [Tax status of MPs and members of the House of Lords];

(c)
section [Tax status of members of the House of Lords: transitional

provision] (or section 33, so far as applied by that section);

(d)
section [Section 3 of the Act of Settlement];

(e)
sections [Referendums: person may not be “responsible person” for

more than one permitted participant] and [Referendums: expenses

incurred by persons acting in concert];

(f)
this Part.’.

David Howarth

Mr David Heath

Not called  135

Clause  62,  page  33,  line  38,  after ‘Part’, insert ‘and section [Referendum on

electoral reform]’.

Secretary Jack Straw

Agreed to  102

Title,  line  1,  after ‘State;’ insert ‘to make provision in relation to section 3 of the Act of

Settlement and other provision in relation to nationality restrictions connected with

employment or the holding of office in a civil capacity under the Crown;’.

Committee of the whole House Proceedings: 9 February 2010
232

Constitutional Reform and Governance Bill, continued

Secretary Jack Straw

Agreed to  133

Title,  line  2,  after ‘treaties;’, insert ‘to amend the Parliamentary Standards Act 2009 and

the European Parliament (Pay and Pensions) Act 1979 and to make provision relating to

pensions for members of the House of Commons, Ministers and other office-holders;’.

Secretary Jack Straw

Agreed to  137

Title,  line  2,  after ‘treaties;’ insert ‘to make provision for a referendum on the voting

system for parliamentary elections, and about referendums generally;’.

Secretary Jack Straw

Agreed to  134

Title,  line  4,  after ‘Lords;’, insert ‘to make provision for treating members of the House

of Commons and members of the House of Lords as resident, ordinarily resident and

domiciled in the United Kingdom for taxation purposes;’.

Secretary Jack Straw

Agreed to  43

Title,  line  10,  after ‘Office;’ insert ‘to amend Schedule 5 to the Government of Wales Act

2006 in relation to the Auditor General for Wales;’.

Bill, as amended, to be reported.



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