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| | Parliamentary Voting System and |
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| | Clause 1, page 1, line 6, leave out ‘5 May 2011’ and insert ‘8 September 2011’. |
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| | Mr Angus Brendan MacNeill |
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| | Clause 1, page 1, line 6, leave out ‘on 05 May 2011’ and insert— |
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| | | ‘(a) | within 18 months of Royal Assent, and |
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| | | (b) | on a date on which no other election to Parliament or an assembly in the |
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| | | United Kingdom is held.’. |
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| | Clause 6, page 4, line 28, after ‘No’, insert ‘and the number of electors casting a |
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| | vote in the referendum is equal to or greater than fifty per cent. of those entitled to cast |
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| | Clause 1, page 1, line 6, leave out ‘must be held on 5 May 2011’ and insert— |
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| | | | ‘shall be held on a date specified in an order made by the Minister, provided that |
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| | | (a) | shall not coincide with any poll or polls held for any parliamentary |
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| | | assembly or regularly held local government election; and |
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| | | (b) | shall be at least six months after the commencement of the referendum |
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| | | period (as specified in Schedule 1).’. |
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| | | Member’s explanatory statement
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| | | The unamended Bill deliberately combines the referendum poll with other polls. Preventing this is |
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| | | the prime purpose of the amendment. The Bill as drafted also starts the referendum period auto |
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| | | matically on Royal Assent. This amendment would require a minimum period of six months be |
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| | | tween Royal Assent and the referendum vote (irrespective of whether the next proposed |
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| | | amendment to the referendum period were passed). |
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| | Schedule 1, page 14, line 7, leave out ‘day on which this Act is passed’ and insert |
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| | Schedule 1, page 14, line 8, at end insert— |
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| | | ‘1A(1) | For the purposes of paragraph 1(a) above the “relevant date” is a date specified |
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| | | in an order made by the Minister, after consultation to be held after Royal |
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| | | Assent to this Act with the Electoral Commission as to an appropriate period |
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| | | for the fair conduct of the referendum. |
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| | | (2) | If in the opinion of the Electoral Commission the date on which Royal Assent |
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| | | is given to this Act would mean that there would be an insufficient period for |
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| | | the fair conduct of the referendum if it were held on the date otherwise required |
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| | | by section 1, the Minister may by order specify such later date on which the |
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| | | referendum shall be held as the Electoral Commission shall approve.’. |
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| | | Member’s explanatory statement
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| | | The Bill compresses the referendum period to whatever time is left between Royal Assent and 5 |
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| | | May 2011. It is possible that late Royal Assent will allow insufficient time for the referendum pe |
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| | | riod, which the Electoral Commission has already suggested should be a minimum of six months. |
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| | | In such circumstances, these amendments would require fresh consultation with the Commission |
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| | | as to a minimum fair period for the referendum, with a provision to override any date otherwise |
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| | | Restrictions on ministerial conduct |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 125 of the 2000 Act (restriction on publication etc. of promotional |
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| | | material by central and local government etc) shall be amended as follows. |
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| | | (2) | After subsection (2) there shall be inserted— |
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| | | “(2A) | Any breach of the prohibition in subsection (2) above by or on behalf of |
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| | | a Minister of the Crown shall be treated as a breach by that Minister of |
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| | | any code in force from time to time governing the conduct of Ministers |
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| | | (3) | After subsection (3)(c) there shall be inserted— |
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| | | “(ca) | an indication by a Minister of the Crown, whether or not in |
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| | | response to enquiries, how they intend to vote in the referendum; |
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| | | (cb) | a justification of any such voting intention by a Minister of the |
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| | | Crown by reference to material published before the |
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| | | commencement of the relevant period by any person or |
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| | | published during the relevant period by a person or body |
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| | | designated under section 108”. |
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| | | (4) | After subsection (3) there shall be inserted— |
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| | | “(3A) | Subsection (3)(cb) above does not extend to material published or |
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| | | republished during the relevant period by a person or body designated |
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| | | under section 108 if it consists of material whose original publication by |
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| | | any person or body (whether lawfully authorised or not) would itself |
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| | | constitute a breach of the prohibition in subsection (2).”’. |
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| | | Member’s explanatory statement
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| | | This new Clause seeks to clarify an obscure part of PPERA: during the purdah period, when is a |
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| | | politician acting as a Minister of the Crown (and restricted in his activities prior to a referendum), |
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| | | or as a campaigning politician? The new Clause permits a Minister to say how they intend to vote |
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| | | and refer to pre-purdah material. They can also refer to anything published by the Yes and No |
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| | | Campaigns, but not if that material has been leaked in breach of the purdah. The new Clause also |
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| | | introduces a third party to police the requirements by treating breach of purdah as an automatic |
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| | | breach of the Ministerial Code. |
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| | To move the following Clause:— |
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| | | ‘No further referendum may be held in relation to the voting system for |
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| | | parliamentary elections until the end of the period of seven years starting with the |
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| | | day on which the referendum required by section 1 was held.’. |
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| | | Member’s explanatory statement
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| | | This is not strictly a necessary addition to the Bill, which provides for only “A referendum...”, and |
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| | | it can be overridden by another Act of Parliament, bu having it on the Order Paper, it can be used |
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| | | to press ministers for an assurance that they will have only one attempt at changing the voting sys |
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| | Clause 1, page 1, leave out from line 7 to end of line 4 on page 2 and insert— |
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| | | ‘(3) | The questions that are to appear on the ballot paper are— |
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| | | “(1) | Do you want to change the current “first past the post” system for electing |
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| | | Members of Parliament to the House of Commons? |
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| | | (2) | If there were a change, list your order of preference, 1, 2, 3, for the United |
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| | | (a) | The ‘alternative vote’ system, |
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| | | (b) | The ‘additional member’ system, or |
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| | | (c) | The ‘single transferable vote’ system with multi-member |
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| | | (4) | In Wales, a Welsh version of the question is also to appear on the ballot papers. |
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| | | (5) | The voting for the second question in the referendum shall be in accordance with |
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| | | section (Counting of votes on second question of referendum).’. |
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| | Clause 6, page 4, line 28, after ‘No’, insert ‘to Question 1, and the alternative vote |
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| | system is selected in response to question 2 in the referendum’. |
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| | Clause 6, page 4, line 32, at end insert— |
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| | | ‘(1A) | The Minister must make an order bringing into force section (The single |
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| | | transferable vote system: amendments) if— |
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| | | (a) | the single transferable vote system is selected in response to question 2 |
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| | | (b) | the draft of an Order in Council laid before Parliament under subsection |
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| | | (5A) of section 3 of the Parliamentary Constituencies Act 1986 |
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| | | (substituted by section 8(6) below) which provides for multi-member |
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| | | constituencies, in accordance with subsection (4) of section 3 of that Act |
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| | | as amended by section 8(5A) below, has been submitted to Her Majesty |
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| | | in Council under section 4 of that Act. |
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| | | (1B) | The Minister must make an order bringing into force section (The additional |
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| | | member system: amendments) if— |
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| | | (a) | the additional member system is selected in response to question 2 of the |
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| | | (b) | the draft of an Order in Council laid before Parliament under subsection |
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| | | (5A) of section 3 of the Parliamentary Constituencies Act 1986 |
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| | | (substituted by section 8(6) below) which provides for the additional |
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| | | member system, in accordance with subsection (4) of section 3 of that |
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| | | Act as amended by section 8(5A) below, has been submitted to Her |
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| | | Majesty in Council under section 4 of that Act.’. |
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| | Clause 6, page 4, line 34, leave out from ‘No’ to end and insert ‘to Question 1, the |
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| | Minister must make an order repealing the alternative vote provisions and section (The |
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| | single transferable vote system: amendments) and section (The additional member |
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| | Clause 6, page 4, line 39, leave out ‘subsection (1)’ and insert ‘subsections (1), |
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| | Clause 8, page 7, line 9, at end insert— |
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| | | ‘(5A) | In subsection (4) the words are inserted at the end— |
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| | | “and each such report shall also provide for multi-member constituencies |
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| | | of three members, stating the name by which they recommend that each |
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| | | such area should be known, and for the additional member system as |
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| | | provided for in the Scotland Act 1998, as close as possible to 57 per cent. |
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| | | to be allocated for constituency representatives and the remaining seats |
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| | | to be allocated for closed party lists.”.’. |
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| | Clause 16, page 13, line 3, at end insert— |
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| | | ‘(1A) | Section (The single transferable vote system: amendments) comes into force in |
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| | | accordance with provision made by an order under section 6(1A).’. |
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| | Schedule 1, page 15, line 30, leave out ‘in favour of each answer to the question’ |
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| | and insert ‘in answer to the questions’. |
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| | Schedule 1, page 19, line 24, leave out ‘question’ and insert ‘questions’. |
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| | Schedule 2, page 26, line 39, leave out ‘question’ and insert ‘questions’. |
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| | Schedule 2, page 27, line 17, leave out ‘answer’ and insert ‘answers’. |
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| | Schedule 2, page 32, line 16, after ‘only’, insert ‘in relation to each question’. |
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| | Schedule 2, page 47, line 22, leave out ‘to the referendum question’ and insert |
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| | ‘either or both of the referendum questions’. |
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| | Schedule 2, page 54, leave out lines 9 to 16 and insert— |
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| | Vote (X) once for question 1 |
| | | | | 1. Do you want to change the current |
| | | | | | | “first past the post” system for |
| | | | | | | electing Members of Parliament to the |
| | | | | | | | | | | | | | | | | | | | | Then list your preference for what new system might be adopted by |
| | | | | numbering 1, 2, 3 for question 2 |
| | | | | 2. If there was a change do you want the United Kingdom to adopt: |
| | | | | (a) The “alternative vote” system or |
| | | | | | | (b) The “additional member system” |
| | | | | | | | | | | | | | (c) The “single transferable vote” |
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| | Schedule 2, page 55, leave out line 3. |
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| | Schedule 2, page 55, line 4, leave out ‘question’ and insert ‘questions’. |
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| | Schedule 2, page 55, line 5, leave out ‘question’ and insert ‘questions’. |
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| | Schedule 2, page 55, leave out line 20. |
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| | Schedule 2, page 55, line 25, leave out ‘question’ and insert ‘questions’. |
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| | Schedule 2, page 55, line 26, leave out ‘question’ and insert ‘questions’. |
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| | Schedule 2, page 55, line 27, leave out ‘question’ and insert ‘questions’. |
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