Constitutional Reform and Governance Bill

House of Commons

Session 2009 - 10
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Constitutional Reform and Governance Bill

Constitutional Reform and Governance Bill
Part 2 — Ratification of treaties
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(2)
The Minister does that by laying before Parliament a statement—
(a)
indicating that the period is to be extended, and
(b)
setting out the length of the extension.
(3)
The statement must be laid before the period would have expired without the
extension.
5
(4)
The Minister must publish the statement in a way the Minister thinks
appropriate.
(5)
The period may be extended more than once.
26
Section 24 not to apply in exceptional cases
(1)
Section 24 does not apply to a treaty if a Minister of the Crown is of the opinion
10
that, exceptionally, the treaty should be ratified without the requirements of
that section having been met.
(2)
But a treaty may not be ratified by virtue of subsection (1) after either House
has resolved, as mentioned in section 24(1)(c), that the treaty should not be
ratified.
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(3)
If a Minister determines that a treaty is to be ratified by virtue of subsection (1),
the Minister must, either before or as soon as practicable after the treaty is
ratified—
(a)
lay before Parliament a copy of the treaty,
(b)
arrange for the treaty to be published in a way that the Minister thinks
20
appropriate, and
(c)
lay before Parliament a statement indicating that the Minister is of the
opinion mentioned in subsection (1) and explaining why.
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Section 24 not to apply to certain descriptions of treaties
(1)
Section 24 does not apply to—
25
(a)
a treaty covered by section 12 of the European Parliamentary Elections
Act 2002 (c. 24) (treaty providing for increase in European Parliament’s
powers not to be ratified unless approved by Act of Parliament);
(b)
a treaty covered by section 5 of the European Union (Amendment) Act
2008 (c. 7) (treaty amending founding Treaties not to be ratified unless
30
approved by Act of Parliament).
(2)
Section 24 does not apply to a treaty in relation to which an Order in Council
may be made under one or more of the following—
(a)
section 158 of the Inheritance Tax Act 1984 (c. 51) (double taxation
conventions);
35
(b)
section 788 of the Income and Corporation Taxes Act 1988 (c. 1) (double
taxation arrangements);
(c)
section 173 of the Finance Act 2006 (c. 25) (international tax
enforcement arrangements).
(3)
Section 24 does not apply to a treaty concluded (under authority given by the
40
government of the United Kingdom) by the government of a British overseas
territory, of any of the Channel Islands or of the Isle of Man.
(4)
Section 24 does not apply to a treaty a copy of which is presented to Parliament
by command of Her Majesty before that section comes into force.

Constitutional Reform and Governance Bill
Part 3 — Referendum on voting systems
15

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Meaning of “treaty” and “ratification”
(1)
In this Part “treaty” means a written agreement—
(a)
between States or between States and international organisations, and
(b)
binding under international law.
(2)
But “treaty” does not include a regulation, rule, measure, decision or similar
5
instrument made under a treaty (other than one that amends or replaces the
treaty (in whole or in part)).
(3)
In this Part a reference to ratification of a treaty is a reference to an act of a kind
specified in subsection (4) which establishes as a matter of international law the
United Kingdom’s consent to be bound by the treaty.
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(4)
The acts are—
(a)
deposit or delivery of an instrument of ratification, accession, approval
or acceptance;
(b)
deposit or delivery of a notification of completion of domestic
procedures.
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Part 3
Referendum on voting systems
29
Referendum on voting systems
(1)
A referendum is to be held, no later than 31 October 2011, on the voting system
for parliamentary elections.
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(2)
The Secretary of State must—
(a)
present to Parliament a Command Paper describing an alternative-vote
system for consideration by voters in the referendum;
(b)
by order made by statutory instrument specify the question to be asked
in the referendum (and any statement that is to precede the question)
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and fix the date of the poll.
(3)
The question specified under subsection (2)(b) must ask voters whether they
would prefer the alternative-vote system described in the Command Paper to
be used for parliamentary elections instead of the existing voting system
(commonly referred to as “first past the post”).
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Any form of words to that effect may be used.
(4)
In this section “alternative-vote system” means a system under which, for each
constituency—
(a)
one candidate is elected;
(b)
voters must indicate their first-choice candidate and may also rank any
35
or all of the other candidates in order of preference;
(c)
votes are allocated to candidates in accordance with voters’ first choices
and, if one candidate has more votes than the other candidates put
together, that candidate is elected;
(d)
if not, the candidate with the fewest votes is eliminated and that
40
candidate’s votes are dealt with as follows—
(i)
each vote cast by a voter who also ranked one or more of the
remaining candidates is reallocated to that remaining candidate
or (as the case may be) to the one that the voter ranked highest;

Constitutional Reform and Governance Bill
Part 3 — Referendum on voting systems
16

(ii)
any votes not reallocated play no further part in the counting;
(e)
if one candidate now has more votes than the other remaining
candidates put together, that candidate is elected;
(f)
if not, the process mentioned in paragraph (d) is repeated as many
times as necessary until one candidate has more votes than the other
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remaining candidates put together, and so is elected.
(5)
The reference in subsection (4)(d) to the candidate with the fewest votes, in a
case where there are two or more candidates with fewer votes than the others
but an equal number to each other, is a reference to the candidate eliminated in
accordance with whatever provision is made for that case.
10
(6)
The reference in subsection (4)(f) to the candidate with more votes than the
other remaining candidates put together, in a case where there are only two
remaining candidates and they have an equal number of votes, is a reference
to the candidate elected in accordance with whatever provision is made for
that case.
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(7)
A statutory instrument specifying the question to be asked in the referendum
or fixing the date of the poll may not be made unless a draft of the instrument
has been laid before and approved by a resolution of each House of Parliament.
(8)
Subsection (1) and sections 30 to 35 do not apply (and no further duty arises
under subsection (2)(b)) if either House of Parliament, on a motion to approve
20
a draft laid under subsection (7), decides not to approve it (unless the Secretary
of State decides to lay the draft again under subsection (7), or to lay a revised
draft under that subsection, and the re-laid or revised draft is approved by a
resolution of each House).
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Entitlement to vote
25
Those entitled to vote in the referendum under section 29 are—
(a)
the persons who, on the date of the poll, would be entitled to vote as
electors at a parliamentary election in any constituency, and
(b)
the persons (not within paragraph (a)) who on that date would be
entitled to vote as electors at an election to the European Parliament in
30
any electoral region because of section 8(3) or (4) of the European
Parliamentary Elections Act 2002 (c. 24) (peers).
31
Referendum period
(1)
This section sets out what is the referendum period, for the purposes of Part 7
of the Political Parties, Elections and Referendums Act 2000 (c. 41), for the
35
referendum under section 29.
(2)
Subject to subsection (3), the referendum period—
(a)
begins with the date of the making of the order under section 29 that
fixes the date of the poll, and
(b)
ends with the date of the poll.
40
(3)
If the order mentioned in subsection (2)(a) fixes a date that is more than 6
months after the day on which the order is made, the referendum period is the
period of 6 months ending with the date of the poll.

Constitutional Reform and Governance Bill
Part 3 — Referendum on voting systems
17

32
Role of Electoral Commission
(1)
The Electoral Commission must take whatever steps they think appropriate to
promote public awareness about the referendum under section 29 and how to
vote in it.
(2)
The Electoral Commission may take whatever steps they think appropriate to
5
provide, for persons entitled to vote in the referendum, information about each
of the two voting systems referred to in section 29(3).
33
Payments to counting officers
(1)
A counting officer is entitled to recover his or her charges in respect of services
rendered, or expenses incurred, for or in connection with the referendum
10
under section 29 if—
(a)
the services were necessarily rendered, or the expenses were
necessarily incurred, for the efficient and effective conduct of the
referendum, and
(b)
the total of the officer’s charges does not exceed the amount (“the
15
overall maximum recoverable amount”) specified in, or determined in
accordance with, an order made by the Secretary of State by statutory
instrument, with the consent of the Treasury, for the purposes of this
subsection.
(2)
An order under subsection (1) may specify, or make provision for determining
20
in accordance with the order, a maximum recoverable amount for services or
expenses of a specified description.

Subject to subsection (3), the counting officer may not recover more than that
amount in respect of such services or expenses.
(3)
In a particular case the Electoral Commission may, with the consent of the
25
Treasury, authorise the payment of—
(a)
more than the overall maximum recoverable amount, or
(b)
more than the specified maximum recoverable amount for any
specified services or expenses,

if the Commission are satisfied that the conditions in subsection (4) are met.
30
(4)
The conditions are—
(a)
that it was reasonable for the counting officer concerned to render the
services or incur the expenses, and
(b)
that the charges in question are reasonable.
(5)
The Electoral Commission must pay the amount of any charges recoverable in
35
accordance with this section on an account being submitted to them.

But if the Commission think fit they may, before payment, apply for the
account to be taxed under section 34.
(6)
Where the superannuation contributions required to be paid by a local
authority in respect of a person are increased by a fee paid under this section
40
as part of a counting officer’s charges at the referendum, then on an account
being submitted to them the Electoral Commission must pay to the authority a
sum equal to the increase.
(7)
On the counting officer’s request for an advance on account of the officer’s
charges, the Electoral Commission may make an advance on such terms as they
45
think fit.

Constitutional Reform and Governance Bill
Part 3 — Referendum on voting systems
18

(8)
The Electoral Commission may by regulations make provision as to the time
when and the manner and form in which accounts are to be rendered to the
Commission for the purposes of the payment of a counting officer’s charges.
(9)
An order or regulations under this subsection may make different provision
for different cases.
5
(10)
Any sums required by the Electoral Commission for making payments under
this section are to be charged on and paid out of the Consolidated Fund.
34
Taxation of counting officer’s account
(1)
An application for a counting officer’s account to be taxed must be made—
(a)
except where paragraph (b) applies, to a county court;
10
(b)
where the counting officer is one who was appointed for an area in
Scotland, to the Auditor of the Court of Session.

A reference in this section to “the court” includes a reference to the Auditor
mentioned in paragraph (b).
(2)
On any such application the court has jurisdiction to tax the account in such
15
manner and at such time and place as the court thinks fit, and finally to
determine the amount payable to the counting officer.
(3)
Where an application is made for a counting officer’s account to be taxed, the
officer may apply to the court for it to examine any claim made by any person
(“the claimant”) against the officer in respect of matters charged in the account.
20
(4)
On an application under subsection (3), after the claimant has been given
notice and an opportunity to be heard and to tender any evidence, the court
may allow, disallow or reduce the claim, with or without costs.

The court’s determination of the claim is final for all purposes and as against
all persons.
25
(5)
An application under subsection (1) for taxation of the account of the counting
officer for Northern Ireland must be made to the county court that has
jurisdiction at the place where the officer certified the number of ballot papers
counted and votes cast.
35
Restriction on legal challenge to referendum result
30
(1)
No court may entertain any proceedings for questioning the number of ballot
papers counted or votes cast in the referendum under section 29 as certified by
the Chief Counting Officer or a counting officer unless—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed before the end of the permitted period.
35
(2)
In subsection (1) “the permitted period” means the period of 6 weeks beginning
with—
(a)
the date on which the Chief Counting Officer or counting officer gives
a certificate as to the number of ballot papers counted and votes cast in
the referendum, or
40
(b)
if the Chief Counting Officer or counting officer gives more than one
such certificate, the date on which the last is given.
(3)
In the application of this section to Scotland, subsection (1) has effect—
(a)
with the substitution in paragraph (a) of “a petition” for “a claim”;

Constitutional Reform and Governance Bill
Part 4 — Parliamentary standards etc
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(b)
with the substitution in paragraph (b) of “the petition is lodged” for
“the claim form is filed”.
(4)
In the application of this section to Northern Ireland, subsection (1) has effect—
(a)
with the substitution in paragraph (a) of “an application” for “a claim”;
(b)
with the substitution in paragraph (b) of “the application for leave to
5
apply for judicial review is lodged” for “the claim form is filed”.
Part 4
Parliamentary standards etc
Amendments of the Parliamentary Standards Act 2009
36
Compliance Officer
10
(1)
For section 3(3) and (4) of the Parliamentary Standards Act 2009 (c. 13)
(Commissioner for Parliamentary Investigations) substitute—
“(3)
There is to be an officer known as the Compliance Officer for the
Independent Parliamentary Standards Authority (“the Compliance
Officer”).
15
(4)
Schedule 2 (which makes provision about the Compliance Officer) has
effect.”
(2)
For Schedule 2 to that Act substitute the Schedule set out in Schedule 4.
37
Membership of Speaker’s Committee
(1)
Schedule 3 to the Parliamentary Standards Act 2009 (Speaker’s Committee for
20
the Independent Parliamentary Standards Authority) is amended as follows.
(2)
In paragraph 1—
(a)
omit “and” at the end of sub-paragraph (c), and
(b)
after sub-paragraph (d) insert “, and
(e)
three lay persons appointed by resolution of the
25
House of Commons.”
(3)
For the heading of paragraph 2 substitute “Appointed members”.
(4)
After paragraph 2 insert—
“Lay members
2A    (1)
In paragraph 1(e) “lay person” means a person who is not, and has
30
never been, a member of either House of Parliament.
      (2)
A motion for a resolution under paragraph 1(e) may be made only
with the agreement of the Speaker of the House of Commons.
      (3)
The person the subject of the motion must have been selected by the
Speaker on merit on the basis of fair and open competition.
35
      (4)
An appointment under paragraph 1(e) is to be for a fixed term not
exceeding five years.

Constitutional Reform and Governance Bill
Part 4 — Parliamentary standards etc
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      (5)
A person who has been appointed under paragraph 1(e) may not be
appointed under paragraph 1(e) again.
      (6)
A person appointed under paragraph 1(e) ceases to be a member of
the Committee if the person becomes a member of either House of
Parliament.
5
      (7)
A person appointed under paragraph 1(e) may resign from the
Committee by giving notice to the Committee.
      (8)
The Speaker of the House of Commons may require the IPSA to pay
to members of the Committee appointed under paragraph 1(e) such
remuneration and allowances as the Speaker may determine.
10
      (9)
The IPSA must make the payment accordingly.”
38
Transparency etc
(1)
The Parliamentary Standards Act 2009 (c. 13) is amended as follows.
(2)
After section 3 insert—
“3A
General duties of the IPSA
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(1)
In carrying out its functions the IPSA must have regard to the principle
that it should act in a way which is efficient, cost-effective and
transparent.
(2)
In carrying out its functions the IPSA must have regard to the principle
that members of the House of Commons should be supported in
20
efficiently, cost-effectively and transparently carrying out their
Parliamentary functions.”
(3)
In section 5 (MPs’ allowances scheme) after subsection (5) insert—
“(5A)
When the scheme (or revision) is laid, the IPSA must publish in a way
it considers appropriate—
25
(a)
the scheme (or revision), and
(b)
a statement of its reasons for adopting that scheme (or making
that revision).”
(4)
In section 6 (dealing with claims under the MPs’ allowances scheme) after
subsection (7) insert—
30
“(8)
The IPSA must publish such information as it considers appropriate in
respect of—
(a)
each claim made under or by virtue of this section, and
(b)
each payment of an allowance by the IPSA under or by virtue of
this section.
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(9)
The IPSA must publish the information at times it considers
appropriate and in a way it considers appropriate.
(10)
The IPSA must determine procedures to be followed by the IPSA in
relation to publication of the information, and in doing so must
consult—
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(a)
the Speaker of the House of Commons,
(b)
the Leader of the House of Commons,