House of Commons Public Bill Committee Proceedings

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 2 March 2010
305

Constitutional Reform and Governance Bill, continued

      ( )
An order under sub-paragraph (8) may specify different dates for different

purposes.’.

Secretary Jack Straw

Agreed to  87

Page  92,  line  4  [Schedule  7],  leave out ‘1’ and insert ‘1A to 1D’

Secretary Jack Straw

Agreed to  88

Page  92,  line  7  [Schedule  7],  at end insert—

    ‘( )
In paragraph 29(2) of Schedule 1 (interpretation) in the definition of

“regulation functions” after “18(2)” insert “and (3)”.

43  (1)
An order under section 13 of the Parliamentary Standards Act 2009 may make

the provision mentioned in section 13(6) (provision for transfer schemes) in

connection with this Schedule (as well as in connection with that Act).

      (2)
But for this purpose—

(a)
the reference in section 13(6)(a) to matters dealt with by the rules is to

be treated as a reference to matters which could be dealt with by a

scheme under paragraph 3 or 7;

(b)
section 13(6)(b) and (c) does not apply to property, rights and

liabilities, or documents and information, held by or on behalf of the

trustees of the Fund.

      (3)
Section 13(7) of that Act applies to a scheme made by virtue of section 13(6)

and this paragraph.

Trustees of the Fund

44  (1)
This paragraph applies if, under an order under section 90, paragraph 1A

comes into force for the purpose of making an appointment under paragraph

1A(1)(a) or (b) before it comes into force for other purposes.

      (2)
The reference in paragraph 1A(1)(a) or (b) to the persons who are already

trustees of the Fund is to the persons who are trustees of the Fund by virtue of

section 1 of the Parliamentary and other Pensions Act 1987 (c. 45).

45  (1)
In this paragraph “the transitional period” means the period of six months

beginning with the day on which paragraph 1A comes into force (other than

for the purpose of making an appointment under paragraph 1A(1)(a) or (b)).

      (2)
During the transitional period—

(a)
paragraph 1A(1) applies as if for paragraph (c) there were

substituted—

“(c)
the persons who (by virtue of section 1 of the

Parliamentary and other Pensions Act 1987) are

the trustees of the Fund immediately before the

beginning of the transitional period.”, and

(b)
paragraph 1D applies to persons who are trustees of the Fund because

of paragraph (a) as if they were member-nominated trustees.

      (3)
But if a person who is a trustee of the Fund immediately before the beginning

of the transitional period is appointed under paragraph 1A(1)(a) or (b) that

person is not to be treated as being a trustee of the Fund because of sub-

paragraph (2)(a).

Report Stage Proceedings: 2 March 2010
306

Constitutional Reform and Governance Bill, continued

      (4)
The trustees of the Fund must make arrangements (the “transitional

arrangements”) for 8 persons to be nominated and selected as member-

nominated trustees before the end of the transitional period.

      (5)
Those persons become member-nominated trustees immediately after the end

of the transitional period.

      (6)
Only persons who are trustees of the Fund immediately before the beginning

of the transitional period may be nominated and selected as member-

nominated trustees under the transitional arrangements.

      (7)
But if it is not possible to secure 8 member-nominated trustees from among

those persons, the deficiency may be supplied by other persons.

      (8)
At the end of the transitional period any persons who—

(a)
immediately before the end of that period, are trustees of the Fund

because of sub-paragraph (2)(a), but

(b)
have not been nominated and selected as member-nominated trustees,


cease to be trustees of the Fund.’.

New Clauses, New Schedules and Amendments relating to Part 7

Mr Dominic Grieve

Mrs Eleanor Laing

Withdrawn  2

Page  33,  line  16  [Clause  59],  leave out ‘section 132 to 138’ and insert ‘sections 132

to 136 and section 138.’.

David Howarth

Mr David Heath

Not called  8

Page  33,  line  18  [Clause  59],  leave out subsection (2).

David Howarth

Mr David Heath

Not called  9

Page  95,  line  15,  leave out Schedule 9.

David Howarth

Mr David Heath

Negatived on division  10

Page  95,  line  21  [Schedule  9],  leave out from ‘procession’ to end of line 18 on page

55 and insert ‘or a public assembly that is having the effect of preventing reasonable

access to the Houses of Parliament.

(2)
The Speaker of the House of Commons shall decide whether reasonable access to

the Houses of Parliament has been prevented.

(3)
If the Speaker has decided under subsection (2) that reasonable access to the

Houses of Parliament has been prevented, the senior police officer may, for the

purpose of restoring reasonable access to the Houses of Parliament, give

directions to any person who is organising or taking part in the public procession

or public assembly.

Report Stage Proceedings: 2 March 2010
307

Constitutional Reform and Governance Bill, continued

(4)
The directions referred to in subsection (3) must be necessary for the purpose of

restoring access to the Houses of Parliament and proportionate to that purpose.’.

David Howarth

Mr David Heath

Not called  17

Page  95  [Schedule  9],  leave out lines 40 and 41.

Mr Andrew Dismore

Not called  24

Page  95,  line  41  [Schedule  9],  at end insert ‘in relation to how the specified

requirements for maintaining access to and from the Palace of Westminster shall be met’.

David Howarth

Mr David Heath

Not called  14

Page  96  [Schedule  9],  leave out lines 1 to 3 and insert—

‘(6)
A statutory instrument containing an order under this section must be approved

by both Houses of Parliament.’.

Mr Andrew Dismore

Not called  26

Page  96,  line  5  [Schedule  9],  leave out ‘include’ and insert ‘are limited to’.

David Howarth

Mr David Heath

Not called  11

Page  96  [Schedule  9],  leave out lines 15 to 18.

David Howarth

Mr David Heath

Not called  12

Page  96  [Schedule  9],  leave out lines 21 to 39.

David Howarth

Mr David Heath

Not called  19

Page  96,  line  27  [Schedule  9],  leave out ‘300’ and insert ‘250’.

David Howarth

Mr David Heath

Not called  30

Page  96,  line  28  [Schedule  9],  leave out ‘the nearest relevant entrance’ and insert

‘the point nearest to it in Parliament Square’.

David Howarth

Mr David Heath

Not called  31

Page  96  [Schedule  9],  leave out lines 29 to 36.

Report Stage Proceedings: 2 March 2010
308

Constitutional Reform and Governance Bill, continued

David Howarth

Mr David Heath

Not called  15

Page  96  [Schedule  9],  leave out lines 37 to 39 and insert—

‘(5)
A statutory instrument containing an order under this section must be approved

by both Houses of Parliament.’.

David Howarth

Mr David Heath

Not called  13

Page  96,  line  40  [Schedule  9],  leave out from beginning to end of line 35 on page

97 and insert—

‘14ZB
Special provision for a House or Committee meeting outside Palace

of Westminster

(1)
If either House of Parliament, or a committee of either House of

Parliament, intends to meet in a building outside the Palace of

Westminster, the Secretary of State may by order made by statutory

instrument specify that the building shall count as part of the Houses of

Parliament for the purposes of section 14ZA on the day or days that the

meeting is taking place.

(2)
A statutory instrument containing an order under this section may not be

made unless a draft of the instrument has been laid before and approved

by a resolution of each House of Parliament.


For the purposes of this section, the Speaker may delegate the matter referred to

in section 14ZA(2) to the person who is in the chair of the relevant meeting.’.

David Howarth

Mr David Heath

Not called  20

Page  97,  line  1  [Schedule  9],  leave out ‘300’ and insert ‘250’.

David Howarth

Mr David Heath

Not called  21

Page  97,  line  19  [Schedule  9],  leave out from ‘any’ to ‘used’ in line 20 and insert

‘day on which the specified building is’.

David Howarth

Mr David Heath

Not called  22

Page  97  [Schedule  9],  leave out line 23.

David Howarth

Mr David Heath

Not called  18

Page  97  [Schedule  9],  leave out lines 29 and 30.

Report Stage Proceedings: 2 March 2010
309

Constitutional Reform and Governance Bill, continued

Mr Andrew Dismore

Not called  25

Page  97,  line  30  [Schedule  9],  at end insert ‘in relation to how the specified

requirements for maintaining access to and from the specified building shall be met’.

David Howarth

Mr David Heath

Not called  16

Page  97  [Schedule  9],  leave out lines 31 to 33 and insert—

‘(9)
A statutory instrument containing an order under this section must be approved

by both Houses of Parliament.’.

Mr Dominic Grieve

Mrs Eleanor Laing

Negatived on division  3

Page  97  [Schedule  9],  leave out lines 36 to 40 and insert—

‘Serious Organised Crime and Police Act 2005 (c. 15)

2    (9)
In section 137, the following amendments are made in relation to the use of

amplified noise equipment and other devices designed to produce noise in the

area around Parliament.

    (10)
For “loudspeaker” wherever it occurs substitute “amplified noise equipment or

other device designed to produce noise”.

    (11)
In subsection (1) leave out “in a street in the designated area” and insert “in the

area around Parliament, as specified by order under section 14ZB of the Public

Order Act 1986”.

    (12)
In subsection (2), leave out paragraph (i).

    (13)
After subsection (3) insert—

“(3A)
A police officer shall, on receipt of a complaint of excessive noise

caused by amplified noise equipment or other device designed to

produce noise, have the power—

(a)
to require the operator to desist, and

(b)
in the event of non-compliance, to seize the amplified noise

equipment or other device designed to produce noise and to

retain it as long as it is deemed necessary.

    (3B)
The powers available under subsection (3A) above may be

exercised by the most senior police officer in the immediate vicinity

of the source of the noise.”.

    (14)
In subsection (6) leave out “or of” and insert “save where prohibited under”.’.

David Howarth

Mr David Heath

Not called  23

Page  98,  line  4  [Schedule  9],  leave out paragraph 5.

Report Stage Proceedings: 2 March 2010
310

Constitutional Reform and Governance Bill, continued

Remaining new Clauses, New Schedules and Amendments; Remaining

Proceedings on Consideration

Regional Counting Officers

Secretary Jack Straw

Added  NC24

To move the following Clause:—

‘(1)
This section has effect, in addition to section 128 (Chief Counting

Officers, and counting officers, for referendums) of the Political Parties,

Elections and Referendums Act 2000 (c. 41) (“the 2000 Act”), in relation

to the referendum under section 29.

(2)
The Chief Counting Officer for the referendum must appoint a Regional

Counting Officer for each region in Great Britain.

(3)
For the purposes of this section the regions are as follows—

East Midlands;

Eastern;

London;

North East;

North West;

South East;

South West;

West Midlands;

Yorkshire and the Humber;

Scotland;

Wales.


The regions in England comprise the areas specified in the Table in

Schedule 1 to the European Parliamentary Elections Act 2002 (c. 24)

(ignoring the reference to Gibraltar) as it has effect for the time being.

(4)
Each Regional Counting Officer must, as respects the votes cast in the

region for which the officer is appointed, certify—

(a)
the total number of ballot papers counted, and

(b)
the total number of votes cast in favour of each answer to the

question asked in the referendum.


Where two or more forms of ballot paper are used in the referendum, a

separate number must be certified under paragraph (a) in relation to each

form of ballot paper used.

(5)
The Chief Counting Officer may require a Regional Counting Officer to

appoint counting officers for relevant areas (within the meaning of

section 128 of the 2000 Act) in the region for which the Regional

Counting Officer is appointed.

(6)
To the extent that counting officers are appointed by virtue of subsection

(5), the duty of the Chief Counting Officer under section 128(3) of the

2000 Act is discharged.

Report Stage Proceedings: 2 March 2010
311

Constitutional Reform and Governance Bill, continued

(7)
A reference to a counting officer in sections 33 to 35 (except the

reference in section 34(5)) includes a reference to a Regional Counting

Officer.’.

Conduct etc of referendum

Secretary Jack Straw

Added  NC25

To move the following Clause:—

‘(1)
The Secretary of State may by order make whatever provision he or she

considers expedient—

(a)
for and in connection with the referendum under section 29;

(b)
for and in connection with the combination of the poll at the

referendum with the poll at an election or at another referendum

(or both).

(2)
An order under this section may, in particular, apply or incorporate, with

or without modification, any enactment or subordinate legislation

(whenever passed or made) relating to referendums or elections.


In this subsection “subordinate legislation” has the same meaning as in

the Interpretation Act 1978 (c. 30).

(3)
An order under this section—

(a)
may include provision creating criminal offences;

(b)
may make supplementary, incidental, consequential, transitory,

transitional or saving provision;

(c)
may make different provision for different purposes (including

different areas).

(4)
The power to make an order under this section is exercisable by statutory

instrument.

(5)
The Secretary of State must consult the Electoral Commission before

making an order under this section.

(6)
An order under this section may not be made unless a draft of the

statutory instrument containing the order has been laid before, and

approved by a resolution of, each House of Parliament.’.

Electoral Commission accounts in relation to specified matters

Secretary Jack Straw

Added  NC26

To move the following Clause:—

‘(1)
Schedule 1 to the Political Parties, Elections and Referendums Act 2000 (c. 41)

(the Electoral Commission) is amended as follows.



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