1061

House of Commons

Notices of Amendments

given on

Wednesday 24 February 2010

For other Amendment(s) see the following page(s) of Supplement to Votes:

907-10, 923-24, 1011-14 and 1059-60

Consideration of Bill

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Constitutional Reform and Governance Bill, As Amended

House of Lords Appointments Commission

Mr Gordon Prentice

Paul Flynn

Lynne Jones

Kelvin Hopkins

Mr David Drew

Mr Andrew Dismore

Total signatories: 72

John Austin

Dr Doug Naysmith

Richard Burden

Mr Chris Mullin

Patrick Hall

Mr Austin Mitchell

Mr Denis Murphy

Mike Wood

Dr Richard Taylor

Nick Ainger

Laura Moffatt

Mr Terry Rooney

Albert Owen

Mr Elliot Morley

Mr Martin Caton

Clare Short

Mr Mark Todd

Dr Phyllis Starkey

Alan Simpson

Mr Virendra Sharma

Ms Gisela Stuart

Mr Denis MacShane

Paddy Tipping

Mr Eric Martlew

Mike Gapes

John Robertson

Mr Paul Truswell

Adam Price

Joan Walley

Tom Levitt

Mr Dai Davies

Mr David Anderson

Mrs Janet Dean

Judy Mallaber

Martin Salter

Mrs Linda Riordan

Mr Greg Pope

Mr Edward O’Hara

Dr Nick Palmer

Alan Keen

Sir Gerald Kaufman

John McDonnell

Dr Stephen Ladyman

Colin Challen

Mr Neil Gerrard

Colin Burgon

Michael Connarty

Mr Ian Davidson

Mr Frank Field

Frank Cook

Derek Wyatt

Notices of Amendments: 24 February 2010

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Constitutional Reform and Governance Bill, continued

Harry Cohen

Roger Berry

Paul Farrelly

Michael Clapham

Mr David Cairns

Mr Graham Allen

Glenda Jackson

Mr Elfyn Llywd

Mr Dennis Skinner

Keith Hill

Ms Katy Clark

John Hemming

Jim Dowd

Mrs Ann Cryer

Paul Rowen

NC7

To move the following Clause:—

‘(1)	There shall continue to be a House of Lords Appointments Commission (“the

Commission”), which shall consist of seven members appointed by the Prime

Minister, of whom four (one of whom shall be chair) shall be independent and

three shall be representative of the major political parties.

(2)	The functions of the Commission are—

(a)	to make recommendations for non-party political peerages;

(b)	to vet nominations for life peerages, including those nominated by the

political parties, for propriety.

(3)	The Commission may attach one or more conditions to any recommendation for

a peerage which it may make.

(4)	In any case where—

(a)	a condition has been attached to a recommendation, or

(b)	an undertaking has been given to the Commission by any person

recommended for a life peerage,

the Commission must take all reasonable steps to satisfy itself that the condition

or undertaking has been fulfilled.

(5)	If the Commission is not so satisfied, it must make a report to the Prime Minister

to that effect, together with such recommendations as it considers appropriate;

and the Prime Minister must lay a copy of the report before Parliament.

(6)	Subsections (4) and (5) apply to any requirement made by the former Political

Honours Scrutiny Committee in respect of a particular nomination for a life

peerage as if that requirement were a condition attached by the Commission, and

to any undertaking given to that Committee as if it were an undertaking given to

the Commission.’.

David Howarth

Mr David Heath

27

Page  15,  line  19  [Clause  29],  leave out ‘31 October’ and insert ‘30 May’.

David Howarth

Mr David Heath

28

Page  16  [Clause  29],  leave out lines 19 to 24.

Ban on Attorney General directions in individual cases

David Howarth

Mr David Heath

Lynne Featherstone

NC8

To move the following Clause:—

‘(1)	The Attorney General’s function of superintendence of the Directors does not

include power to give a direction in relation to an individual case.

Notices of Amendments: 24 February 2010

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Constitutional Reform and Governance Bill, continued

(2)	In this section and in section [Protocol for running of prosecution services] “the

Directors” means—

(a)	the Director of Public Prosecutions;

(b)	the Director of the Serious Fraud Office;

(c)	the Director of Revenue and Customs Prosecutions.’.

Protocol for running of prosecution services

David Howarth

Mr David Heath

Lynne Featherstone

NC9

To move the following Clause:—

‘(1)	The Attorney General must, in consultation with the Directors, prepare a

statement (a “protocol”) of how the Attorney General and the Directors are to

exercise their functions in relation to each other.

(2)	The protocol may in particular includes provisions as to—

(a)	the general responsibilities of the Attorney General and each of the

Directors;

(b)	the arrangements for ensuring that the Attorney General is properly

advised on matters relating to the strategic direction of the prosecution

services and on matters affecting more than one prosecution service;

(c)	the circumstances in which the Attorney General is to be consulted or

provided with information;

(d)	the objectives of the prosecution services;

(e)	the way in which the objectives are set and the means by which their

achievement or otherwise is reviewed;

(f)	the roles of the Attorney General and the Directors in relation to criminal

justice policy;

(g)	the way in which matters relating to the accountability of the Attorney

General to Parliament for the prosecution services are to be handled;

(h)	the roles of the Attorney General and the Directors in relation to dealings

with representatives of the press and other media;

(i)	procedures for dealing with complaints relating to the prosecution

services.

(3)	The Attorney General must lay the protocol before Parliament.

(4)	The protocol shall come into force when a resolution approving it has been passed

by each House of Parliament.

(5)	The Attorney General must from time to time review the protocol and may, in

consultation with the Directors, revise it.

(6)	If the protocol is revised, the procedure in (3) and (4) above applies.

(7)	The Attorney General and the Directors must have regard to any relevant

provisions of the protocol when carrying out their functions.

(8)	“The prosecution services” means the Crown Prosecution Service, the Serious

Fraud Office and the Revenue and Customs Prosecutions Office.’.

Notices of Amendments: 24 February 2010

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Constitutional Reform and Governance Bill, continued

Director of Public Prosecutions

David Howarth

Mr David Heath

Lynne Featherstone

NC10

To move the following Clause:—

‘(1)	The Director of Public Prosecutions—

(a)	is appointed by the Attorney General, and

(b)	subject to what follows, holds office in accordance with the terms of the

appointment.

(2)	The Director must have a 10 year general qualification, within the meaning of

section 71 of the Courts and Legal Services Act 1990 (c. 41).

(3)	Service as the Director is service in the civil service of the State.

(4)	There is to be paid to the Director such remuneration as the Attorney General

may, with the approval of the Minister for the Civil Service, determine.

(5)	Any appointment under subsection (1) must be for a term of five years.

(6)	The Director may at any time resign by notice in writing to the Attorney General.

(7)	The Attorney General may remove the Director from office only if satisfied that

the Director is unable, unfit or unwilling to carry out the functions of the office.

(8)	The factors which the Attorney General may take into account in determining

whether the Director is unfit to carry out the functions of the office include in

particular—

(a)	failure by the Director to comply with section [Protocol for running of

prosecution services] (7) (duty to have regard to relevant provisions of

protocol), and

(b)	failure by the Director to perform the functions of the office efficiently

and effectively.’.

Director of the Serious Fraud Office

David Howarth

Mr David Heath

Lynne Featherstone

NC11

To move the following Clause:—

‘(1)	The Director of the Serious Fraud Office—

(a)	is appointed by the Attorney General, and

(b)	subject to what follows, holds office in accordance with the terms of the

appointment.

(2)	Service as the Director is service in the civil service of the State.

(3)	There is to be paid to the Director such remuneration as the Attorney General

may, with the approval of the Minister for the Civil Service, determine.

(4)	Any appointment under subsection (1) must be for a term of five years.

(5)	The Director may at any time resign by notice in writing to the Attorney General.

(6)	The Attorney General may remove the Director from office only if satisfied that

the Director is unable, unfit or unwilling to carry out the functions of the office.

(7)	The factors which the Attorney General may take into account in determining

whether the Director is unfit to carry out the functions of the office include in

particular—

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Constitutional Reform and Governance Bill, continued

(a)	failure by the Director to comply with section [Protocol for running of

prosecution services] (7) (duty to have regard to relevant provisions of

protocol), and

(b)	failure by the Director to perform the functions of the office efficiently

and effectively.’.

Director of Revenue and Customs Prosecutions

David Howarth

Mr David Heath

Lynne Featherstone

NC12

To move the following Clause:—

‘(1)	The Director of Revenue and Customs Prosecutions—

(a)	is appointed by the Attorney General, and

(b)	subject to what follows, holds office in accordance with the terms of the

appointment.

(2)	The Director must have a 10 year general qualification, within the meaning of

section 71 of the Courts and Legal Services Act 1990 (c. 41).

(3)	Service as the Director is service in the civil service of the State.

(4)	There is to be paid to the Director such remuneration as the Attorney General

may, with the approval of the Minister for the Civil Service, determine.

(5)	Any appointment under subsection (1) must be for a term of five years.

(6)	The Director may at any time resign by notice in writing to the Attorney General.

(7)	The Attorney General may remove the Director from office only if satisfied that

the Director is unable, unfit or unwilling to carry out the functions of the office.

(8)	The factors which the Attorney General may take into account in determining

whether the Director is unfit to carry out the functions of the office include, in

particular—

(a)	failure by the Director to comply with section [Protocol for running of

prosecution services] (7) (duty to have regard to relevant provisions of

protocol), and

(b)	failure by the Director to perform the functions of the office efficiently

and effectively.’.

Ending of prosecution consent functions of Attorney

David Howarth

Mr David Heath

Lynne Featherstone

NC13

To move the following Clause:—

‘(1)	All provisions under any enactment that give the Attorney General a prosecution

consent function shall be read as giving that prosecution consent function instead

to the Director of Public Prosecutions.

(2)	For the purposes of this section the Attorney General has a prosecution consent

function under an enactment if under that enactment—

(a)	proceedings for an offence may not be instituted except by, or with the

consent of, the Attorney General (or by, or with the consent of, the

Attorney General or one or more other persons), or

Notices of Amendments: 24 February 2010

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Constitutional Reform and Governance Bill, continued

(b)	the Attorney General (or the Attorney General or one or more other

persons) has a function of giving a consent to the taking of any other step

in connection with proceedings for an offence.

(3)	In subsection (1) and sections 12 and 13, “offence” includes a service offence as

defined by section 50 of the Armed Forces Act 2006 (c. 52) (and the reference in

section 13(4) to a court includes a reference to a service court within the meaning

of section 324(4) of the 2006 Act).’.

Abolition of nolle prosequi

David Howarth

Mr David Heath

Lynne Featherstone

NC14

To move the following Clause:—

‘The power of the Attorney General to enter a nolle prosequi is abolished in

relation to proceedings in England and Wales.’.

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Revised 25 February 2010