House of Commons Public Bill Committee Proceedings

House of Commons

Session 2009 - 10
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Other Bills before Parliament

291

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Tuesday 2 March 2010

Report Stage Proceedings

Constitutional Reform and Governance Bill, As Amended

New Clauses and New ScheduleS relating to public records or Freedom

of Information

Transfer of records to Public Record Office

Secretary Jack Straw

Added  NC22

To move the following Clause:—

‘(1)
In section 3 of the Public Records Act 1958 (selection and preservation of public

records)—

(a)
in subsection (4) (transfer to Public Record Office or to other appointed

place of deposit of public records selected for permanent preservation),

for “thirty years” substitute “20 years”, and

(b)
after that subsection insert—

“(4A)
Until the end of the period of 10 years beginning with the

commencement of section [Transfer of records to Public Record

Office] of the Constitutional Reform and Governance Act 2010,

subsection (4) has effect subject to any order made under

subsection (2) of that section.”

(2)
The Lord Chancellor may by order make transitional, transitory or saving

provision in connection with the coming into force of subsection (1)(a).

(3)
An order under subsection (2) may in particular—

(a)
provide for the time within which any records are to be transferred to the

Public Record Office or other place of deposit referred to in section 3(4)

of the Public Records Act 1958, and

(b)
make different provision in relation to records of different descriptions.

(4)
An order under this section is to be made by statutory instrument.

(5)
A statutory instrument containing an order under this section is subject to

annulment in pursuance of a resolution of either House of Parliament.’.

Report Stage Proceedings: 2 March 2010
292

Constitutional Reform and Governance Bill, continued

Freedom of information

Secretary Jack Straw

Added  NC23

To move the following Clause:—

‘Schedule [Amendments of Freedom of Information Act 2000] (which makes

amendments of the Freedom of Information Act 2000) has effect.’.

Secretary Jack Straw

Added  NS1

To move the following Schedule:—

‘Amendments of Freedom of Information Act 2000

1
The Freedom of Information Act 2000 is amended as follows.

2
In section 2(3) (exemptions not subject to public interest test) after paragraph

(e) insert—

“(ea)
in section 37, paragraphs (a) to (ab) of subsection (1), and

subsection (2) so far as relating to those paragraphs,”.

3
In section 37(1) (communications with Her Majesty, etc.), for paragraph (a)

substitute—

“(a)
communications with the Sovereign,

(aa)
communications with the heir to, or the person who is for the

time being second in line of succession to, the Throne,

(ab)
communications with a person who has subsequently acceded

to the Throne or become heir to, or second in line to, the

Throne,

(ac)
communications with other members of the Royal Family

(other than communications which fall within any of

paragraphs (a) to (ab) because they are made or received on

behalf of a person falling within any of those paragraphs), and

(ad)
communications with the Royal Household (other than

communications which fall within any of paragraphs (a) to

(ac) because they are made or received on behalf of a person

falling within any of those paragraphs), or”.

4
In section 62(1) (meaning of “historical record”), for “thirty years” substitute

“twenty years”.

5    (1)
Section 63 (removal of exemptions: historical records generally) is amended

as follows.

      (2)
In subsection (1)—

(a)
omit “28,”, and

(b)
for “36, 37(1)(a), 42 or 43” substitute “or 42”.

      (3)
In subsection (2)—

(a)
omit “28(3),” and

(b)
for “36(3), 42(2) or 43(3)” substitute “or 42(2)”.

      (4)
After subsection (2) insert—

“(2A)
Information contained in a historical record cannot be exempt

information by virtue of section 36 except—

Report Stage Proceedings: 2 March 2010
293

Constitutional Reform and Governance Bill, continued

(a)
in a case falling within subsection (2)(a)(ii) of that section, or

(b)
in a case falling within subsection (2)(c) of that section where

the prejudice or likely prejudice relates to the effective

conduct of public affairs in Northern Ireland.

(2B)
Compliance with section 1(1)(a) in relation to a historical record is not

to be taken to have any of the effects referred to in subsection (3) of

section 36, except where the effect—

(a)
falls within subsection (2)(a)(ii) of that section, or

(b)
falls within subsection (2)(c) of that section and relates to the

effective conduct of public affairs in Northern Ireland.

(2C)
Information cannot be exempt information—

(a)
by virtue of section 28 or 43, or

(b)
by virtue of section 36 in the excepted cases mentioned in

subsection (2A),


after the end of the period of thirty years beginning with the year

following that in which the record containing the information was

created.

(2D)
Compliance with section 1(1)(a) in relation to any record is not to be

taken, at any time after the end of the period of thirty years beginning

with the year following that in which the record was created, to be

capable—

(a)
of prejudicing any of the matters referred to in section 28(1)

or 43(2), or

(b)
of having any of the effects referred to in section 36(3) in the

excepted cases mentioned in subsection (2B).

(2E)
Information cannot be exempt information by virtue of any of

paragraphs (a) to (ad) of section 37(1) after whichever is the later of—

(a)
the end of the period of five years beginning with the date of

the relevant death, and

(b)
the end of the period of twenty years beginning with the date

on which the record containing the information was created.

(2F)
In subsection (2E)(a) “the relevant death” means—

(a)
for the purposes of any of paragraphs (a) to (ac) of section

37(1), the death of the person referred to in the paragraph

concerned, or

(b)
for the purposes of section 37(1)(ad), the death of the

Sovereign reigning when the record containing the

information was created.”

6
After section 80 insert—

“80A
Information held by Northern Ireland bodies

(1)
This section applies to information held by—

(a)
the Northern Ireland Assembly,

(b)
a Northern Ireland department, or

(c)
a Northern Ireland public authority.

(2)
In their application to information to which this section applies, the

provisions of this Act have effect subject to the following

modifications.

Report Stage Proceedings: 2 March 2010
294

Constitutional Reform and Governance Bill, continued

(3)
Section 2(3) (exemptions not subject to public interest test) is to be

read as if paragraph (ea) were omitted.

(4)
Section 37(1) (communications with Her Majesty, etc) is to be read as

if for paragraphs (a) to (ad) there were substituted—

“(a)
communications with the Sovereign, with other members of the

Royal Family or with the Royal Household, or”.

(5)
Section 62(1) (meaning of “historical record”) is to be read as if the

reference to twenty years were a reference to thirty years.

(6)
Section 63 (removal of exemptions: historical records generally) is to

be read as if—

(a)
in subsection (1), for the words from “section” to the end there

were substituted “section 28, 30(1), 32, 33, 35, 36, 37(1)(a),

42 or 43”,

(b)
in subsection (2), for the words from “section” to the end there

were substituted “section 28(3), 33(3), 36(3), 42(2) or 43(3)”,

and

(c)
subsections (2A) to (2F) were omitted.”.’.

New Clauses, New Schedules and Amendments relating to Part 4

Secretary Jack Straw

Agreed to  55

Page  24,  line  14  [Clause  41],  at end insert—

‘(6)
In section 7 of that Act (information and guidance about taxation)—

(a)
before subsection (1) insert—

“(A1)
The IPSA must—

(a)
prepare guidance for members of the House of

Commons about making claims under the MPs’

allowances scheme;

(b)
review the guidance regularly and revise it as

appropriate;

(c)
publish the guidance in a way the IPSA considers

appropriate;

(d)
provide to any member on request such further advice

about making claims as the IPSA considers

appropriate.”, and

(b)
in the heading omit “about taxation”.’.

Report Stage Proceedings: 2 March 2010
295

Constitutional Reform and Governance Bill, continued

Secretary Jack Straw

Agreed to  56

Page  25,  line  7  [Clause  43],  at end insert ‘, including findings that the member’s

being paid an amount under the MPs’ allowances scheme that should not have been

allowed was wholly or partly the IPSA’s fault.’.

Secretary Jack Straw

Agreed to  58

Page  71,  line  16  [Schedule  5],  leave out sub-paragraphs (2) and (3) and insert—

    ‘(2)
The Compliance Officer—

(a)
if sub-paragraph (2A) applies, may give the member a direction under

this paragraph (a “repayment direction”), and

(b)
otherwise, must give the member a repayment direction.

    (2A)
This sub-paragraph applies if the Compliance Officer has made findings under

section 9(5) that the member’s being paid an amount under the MPs’

allowances scheme that should not have been allowed was wholly or partly the

IPSA’s fault.

      (3)
A repayment direction must require the member to pay to the IPSA—

(a)
if sub-paragraph (2A) applies, such amount (not exceeding the amount

of the overpayment) as the Compliance Officer considers reasonable,

and

(b)
otherwise, the amount of the overpayment.

    (3A)
The repayment direction must specify the period (the “repayment period”)

before the end of which that amount is to be paid.’.

Secretary Jack Straw

Agreed to  59

Page  71,  line  23  [Schedule  5],  leave out ‘overpayment’ and insert ‘amount

mentioned in sub-paragraph (3)’.

Secretary Jack Straw

Agreed to  60

Page  71,  line  40  [Schedule  5],  leave out ‘1(4)(b)’ and insert ‘1(4)(a) or (b)’.

Secretary Jack Straw

Agreed to  61

Page  71,  line  40  [Schedule  5],  at end insert—

    ‘( )
The guidance must include guidance about whether the Compliance Officer

should include such a requirement if paragraph 1(2A) applies.’.

Secretary Jack Straw

Agreed to  62

Page  72,  line  10  [Schedule  5],  at end insert—

‘( )
if paragraph 1(2A) applies, the Compliance Officer’s decision to give

the member a repayment direction;

Report Stage Proceedings: 2 March 2010
296

Constitutional Reform and Governance Bill, continued

( )
if paragraph 1(2A) applies, the amount the member is required to

repay because of paragraph 1(3)(a);’.

Secretary Jack Straw

Agreed to  63

Page  77,  line  41  [Schedule  6],  at end insert—

‘Part 2

Amendments of other Acts

European Parliament (Pay and Pensions) Act 1979 (c. 50)

8    (1)
In section 1(2) (salaries of MEPs) for paragraphs (a) and (b) substitute “the

same as that of the salary payable for that period, under section 4 of the

Parliamentary Standards Act 2009, to a Member who does not hold an office

or position specified in a resolution of the House of Commons for the purposes

of section 4A(2) of that Act (higher salaries for holders of specified offices or

positions).”

      (2)
Omit section 5 (salary to be used for calculating pension benefits).

      (3)
In section 8(1) (interpretation) omit the definition of ““a Member’s ordinary

salary” and “a Member’s pensionable salary””.

Parliamentary and other Pensions Act 1987 (c. 45)

9
In section 5(2) (interpretation) for the words from “such resolutions” to the end

substitute—

“(a)
section 4 of the Parliamentary Standards Act 2009, or

(b)
in relation to a time before that section was in force, the

resolutions of the House of Commons then in force relating to

the remuneration of its members.”

Ministerial and other Pensions and Salaries Act 1991 (c. 5)

10
In section 4 (grants to persons ceasing to hold ministerial and other offices)—

(a)
omit subsection (3),

(b)
after that subsection insert—

“(3A)
The annual amount of the salary paid to a person in respect of

the office of Chairman of Ways and Means or Deputy

Chairman of Ways and Means is the difference between—

(a)
the annual amount of the salary payable under section

4 of the Parliamentary Standards Act 2009 to a person

holding that office, and

(b)
the annual amount of the salary payable under that

section to a member of the House of Commons who

does not hold an office or position specified in a

resolution of that House for the purposes of section

4A(2) of that Act (higher salaries for holders of

specified offices or positions).”, and

(c)
omit subsection (7).

Report Stage Proceedings: 2 March 2010
297

Constitutional Reform and Governance Bill, continued

Scotland Act 1998 (c. 46)

11  (1)
Section 82 (limits on salaries of MSPs) is amended as follows.

      (2)
In subsection (1)—

(a)
before paragraph (a) insert—

“(za)
under section 4 of the Parliamentary Standards Act

2009 (salaries of members of the House of

Commons),”, and

(b)
in paragraph (a) for “either House of Parliament” substitute “the

House of Lords”.

      (3)
In subsection (2)(b) for “(1)(a)” substitute “(1)(za), (a)”.

Government of Wales Act 2006 (c. 32)

12  (1)
Section 21 (limits on salaries of Assembly members) is amended as follows.

      (2)
In subsection (1)—

(a)
before paragraph (a) insert—

“(za)
under section 4 of the Parliamentary Standards Act

2009 (salaries of members of the House of

Commons),”, and

(b)
in paragraph (a) for “either House of Parliament” substitute “the

House of Lords”.

      (3)
In subsection (2)(b) for “(1)(a)” substitute “(1)(za), (a)”.’.

Sir John Butterfill

Mr Don Touhig

Nick Harvey

Andrew Miller

Not called  91


Page  78,  line  7  [Schedule  7],  leave out ‘fund’ and insert ‘trust scheme’.

Secretary Jack Straw

As Amended, Agreed to  64

Page  78,  line  9  [Schedule  7],  leave out sub-paragraphs (2) to (4) and insert—

‘Number and composition of trustees

1A  (1)
The following are to be the trustees of the Fund—

(a)
one person appointed by the IPSA after consulting the Minister for the

Civil Service and the persons who are already trustees of the Fund,
5
(b)
one person appointed by the Minister for the Civil Service after

consulting the IPSA and the persons who are already trustees of the

Fund, and

(c)
8 persons nominated and selected in accordance with arrangements

under paragraph 1B (“member-nominated trustees”).
10
      (2)
Paragraphs 44 and 45 make transitional provision about the trustees of the

Fund.



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