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Committee of the whole House: 20 October 2010            

595

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

Mr Graham Allen

 

Sheila Gilmore

 

Simon Hart

 

Tristram Hunt

 

Mrs Eleanor Laing

 

Sir Peter Soulsby

 

240

 

Clause  10,  page  10,  line  38,  at end insert—

 

‘( )    

In relation to a report under section 3(1) of the 1986 Act that a Boundary

 

Commission is required, by subsection (2) of section 3 of that Act as substituted

 

by section 8(3) of the Parliamentary Voting System and Constituencies Act, to

 

submit before 1 October 2013—

 

(a)    

a Boundary Commission shall make information available via their

 

website, and if they see fit by other means, on their proposed general

 

approach to the application of Schedule 2 to the 1986 Act,

 

(b)    

representations with respect to this proposed general approach may be

 

made to the Commission during a specified period of eight weeks, and

 

(c)    

the Commission shall take into consideration any such representations

 

duly made prior to the provisional determination of any

 

recommendations affecting any constituency.

 

( )    

A Boundary Commission’s “proposed general approach” shall include but need

 

not be limited to—

 

(a)    

the processes by which they intend to seek to ensure the application of

 

rule 2, and in the case of the Boundary Commission for Northern Ireland

 

of rule 7, including the circumstances in which they will consider

 

recommending that wards, electoral areas and divisions should be

 

divided between two or more constituencies, and the information on

 

which they intend to rely in determining how to carry out such a division,

 

and

 

(b)    

the extent to which they intend to take into account each of the factors

 

described in rule 5(1), and in the case of the Boundary Commission for

 

England of rule 5(2).’.

 

Mr Graham Allen

 

Sheila Gilmore

 

Simon Hart

 

Tristram Hunt

 

Mrs Eleanor Laing

 

Sir Peter Soulsby

 

241

 

Clause  10,  page  10,  leave out from line 39 to line 5 on page 11, and insert—

 

‘( )    

Where a Boundary Commission have provisionally determined to make

 

recommendations affecting any constituency—

 

(a)    

they shall take such steps as they see fit to inform people in the

 

constituency of the effect of the proposed recommendations and that a

 

copy of the recommendations is open to inspection at a specified place

 

within the constituency,

 

(b)    

they shall make available via their website, and if they see fit by other

 

means, copies of their proposed recommendations and information on

 

their effect, together with such information as they have on the number

 

of the electorate in every sub-division of every ward, electoral division

 

and electoral area in England, Scotland, Wales or Northern Ireland, and

 

(c)    

representations with respect to the proposed recommendations may be

 

made to the Commission by people whether in or outside any given


 
 

Committee of the whole House: 20 October 2010            

596

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

constituency during a specified period of 12 weeks, and the Commission

 

shall take into consideration any such representations duly made.’.

 

Mark Durkan

 

359

 

Clause  10,  page  11,  line  6,  after ‘(2)’, insert ‘Subject to subsection (2A) below’.

 

Edward Miliband

 

Sadiq Khan

 

Chris Bryant

 

Mr Peter Hain

 

134

 

Clause  10,  page  11,  leave out lines 6 to 12 and insert—

 

‘(1A)    

A Boundary Commission may cause a local inquiry to be held for the purposes of

 

a report under this Act where, on publication of a recommendation of a Boudary

 

Commission for the alteration of any constituency, the Commission receive any

 

representation objecting to the proposed recommendation from an interested

 

authority or from a body of electors numbering one hundred or more.

 

(1B)    

Where a local inquiry was held in respect of the constituencies before the

 

publication of the notice mentioned in subsection (1) above, that subsection shall

 

not apply if the Commission, after considering the matters discussed at the local

 

inquiry, the nature of the representations received on the publication of the notice

 

and any other relevant circumstances, are of opinion that a further inquiry would

 

not be justified.

 

(1C)    

In subsection (1A) above, “interested authority” and “elector” respectively mean,

 

in relation to any recommendation, a local authority whose area is wholly or

 

partly comprised in the constituencies affected by the recommendation, and a

 

parliamentary elector for any of those constiuencies.’.

 

Mark Durkan

 

360

 

Clause  10,  page  11,  line  7,  at end insert—

 

‘(2A)    

The Boundary Commission for Northern Ireland shall cause a public inquiry to

 

be held for the purposes of a report under this Act covering the whole of Northern

 

Ireland, where any representation objecting to a report has been received from the

 

council of a district in Northern Ireland or from a body of parliamentary electors

 

in Northern Ireland numbering one hundred or more from two or more

 

constituencies.’.

 


 

The Deputy Prime Minister

 

163

 

Clause  11,  page  11,  line  30,  leave out ‘Secretary of State’ and insert ‘Minister’.

 

The Deputy Prime Minister

 

164

 

Clause  11,  page  11,  line  34,  leave out ‘Secretary of State’ and insert ‘Minister’.

 

The Deputy Prime Minister

 

165

 

Clause  11,  page  11,  line  35,  leave out ‘Secretary of State’ and insert ‘Minister’.


 
 

Committee of the whole House: 20 October 2010            

597

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

The Deputy Prime Minister

 

166

 

Clause  11,  page  11,  line  40,  leave out ‘Secretary of State’ and insert ‘Minister’.

 

The Deputy Prime Minister

 

167

 

Clause  11,  page  12,  line  18,  at end insert—

 

‘( )    

In this section “the Minister” means the Lord President of the Council or the

 

Secretary of State.’.

 


 

Austin Mitchell

 

255

 

Schedule  7,  page  152,  leave lines 10 to 27.

 


 

Andrew George

 

76

 

Clause  16,  page  13,  line  3,  at end insert—

 

‘(1A)    

Part 2 of this Act shall come into force if more votes are cast in the referendum

 

under Part 1 of the Act in favour of the answer “Yes” than in favour of the answer

 

“No”.’.

 

Edward Miliband

 

Sadiq Khan

 

Chris Bryant

 

Mr Peter Hain

 

135

 

Clause  16,  page  13,  line  5,  at end insert ‘with the exception of Part 2, which will not

 

come into force until—

 

(a)    

after the referendum on the determination of powers devolved to the

 

National Assembly for Wales under the terms of the Government of

 

Wales Act 2006; and

 

(b)    

the Electoral Commission has reported to the House of Commons, that

 

over 95% of eligible voters in each local authority area are estimated to

 

be on the electoral register.’.

 



 
 

Committee of the whole House: 20 October 2010            

598

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

NEW CLAUSES

 

Press comment etc not subject to spending controls

 

The Deputy Prime Minister

 

NC19

 

To move the following Clause:—

 

‘Expenses incurred in respect of the publication of any matter relating to the

 

referendum, other than an advertisement, in—

 

(a)    

a newspaper or periodical,

 

(b)    

a broadcast made by the British Broadcasting Corporation or Sianel

 

Pedwar Cymru, or

 

(c)    

a programme included in any service licensed under Part 1 or 3 of the

 

Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996,

 

are not “referendum expenses” for the purposes of Part 7 of the 2000 Act.’.

 


 

Combination of polls

 

The Deputy Prime Minister

 

NC20

 

To move the following Clause:—

 

‘(1)    

Where the date of the poll for one or more of the following is the same as the date

 

of the poll for the referendum, the polls are to be taken together—

 

(a)    

a local authority election in England;

 

(b)    

a local referendum in England;

 

(c)    

a mayoral election in England.

 

(2)    

The polls for the referendum and the Welsh Assembly general election in 2011

 

are to be taken together.

 

(3)    

The polls for the referendum and the Scottish parliamentary general election in

 

2011 are to be taken together.

 

(4)    

Where the date of the poll for one or more of the following is the same as the date

 

of the poll for the referendum, the polls are to be taken together—

 

(a)    

a Northern Ireland Assembly Election;

 

(b)    

a Northern Ireland local election.

 

(5)    

The following have effect—

 

Schedule [Combination of polls: England], in relation to the polls to be

 

taken together in England under subsection (1);

 

Schedule [Combination of polls: Wales], in relation to the polls to be taken

 

together in Wales under subsection (2);

 

Schedule [Combination of polls: Scotland], in relation to the polls to be

 

taken together in Scotland under subsection (3);

 

Schedule [Combination of polls: Northern Ireland], in relation to the polls

 

to be taken together in Northern Ireland under subsection (4).

 

(6)    

Polls taken together under this section must not be taken together with any other

 

polls (despite provision in any enactment to the contrary).


 
 

Committee of the whole House: 20 October 2010            

599

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(7)    

Section 16 of the Representation of the People Act 1985 (postponement of poll at

 

parish elections etc) does not apply to any polls taken together under

 

subsection (1).

 

(8)    

In this section—

 

“local authority election in England” means the election of a councillor of

 

any of the following—

 

(a)    

a county council in England;

 

(b)    

a district council in England;

 

(c)    

a London borough council;

 

(d)    

a parish council;

 

“local referendum in England” means a referendum held in England under

 

Part 2 of the Local Government Act 2000;

 

“mayoral election in England” means an election in England for the return

 

of an elected mayor as defined by section 39(1) of the Local Government

 

Act 2000;

 

“Northern Ireland Assembly election” means an election to the Northern

 

Ireland Assembly;

 

“Northern Ireland local election” means a local election as defined by

 

section 130(1) of the Electoral Law Act (Northern Ireland) 1962;

 

“Scottish parliamentary general election” means an ordinary election under

 

section 2 of the Scotland Act 1998;

 

“Welsh Assembly general election” means an ordinary election under

 

section 3 of the Government of Wales Act 2006.’.

 


 

Restrictions on ministerial conduct

 

Mr Bernard Jenkin

 

Mr David Davis

 

Mrs Eleanor Laing

 

Mr Edward Leigh

 

Mr Christopher Chope

 

Mr William Cash

 

NC1

 

To move the following Clause:—

 

‘(1)    

Section 125 of the 2000 Act (restriction on publication etc. of promotional

 

material by central and local government etc) shall be amended as follows.

 

(2)    

After subsection (2) there shall be inserted—

 

“(2A)    

Any breach of the prohibition in subsection (2) above by or on behalf of

 

a Minister of the Crown shall be treated as a breach by that Minister of

 

any code in force from time to time governing the conduct of Ministers

 

of the Crown.”.

 

(3)    

After subsection (3)(c) there shall be inserted—

 

“(ca)    

an indication by a Minister of the Crown, whether or not in

 

response to enquiries, how they intend to vote in the referendum;

 

(cb)    

a justification of any such voting intention by a Minister of the

 

Crown by reference to material published before the

 

commencement of the relevant period by any person or


 
 

Committee of the whole House: 20 October 2010            

600

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

published during the relevant period by a person or body

 

designated under section 108”.

 

(4)    

After subsection (3) there shall be inserted—

 

“(3A)    

Subsection (3)(cb) above does not extend to material published or

 

republished during the relevant period by a person or body designated

 

under section 108 if it consists of material whose original publication by

 

any person or body (whether lawfully authorised or not) would itself

 

constitute a breach of the prohibition in subsection (2).”’.

 


 

Further referendums

 

Mr Bernard Jenkin

 

Mr David Davis

 

Mrs Eleanor Laing

 

Mr Edward Leigh

 

Mr Christopher Chope

 

Mr William Cash

 

NC2

 

To move the following Clause:—

 

‘No further referendum may be held in relation to the voting system for

 

parliamentary elections until the end of the period of seven years starting with the

 

day on which the referendum required by section 1 was held.’.

 


 

Ministerial offices

 

Mark Reckless

 

NC6

 

To move the following Clause:—

 

‘(1)    

The House of Commons Disqualification Act 1975 is amended as follows.

 

(2)    

In section 2(1), replace “ninety-five” with “eighty-eight”.’.

 



 
 

Committee of the whole House: 20 October 2010            

601

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

Variation in limit of number of holders of Ministerial offices

 

Mr Charles Walker

 

Mr Graham Allen

 

Mr Graham Brady

 

Caroline Lucas

 

Mrs Anne Main

 

Mr Nigel Dodds

 

NC7

 

To move the following Clause:—

 

‘(1)    

The House of Commons Disqualification Act 1975 is amended as follows.

 

(2)    

For section 2(1) substitute—

 

“(1)    

The number of holders of offices specified in Schedule 2 to this Act (in

 

this section referred to as Ministerial offices) entitled to sit and vote in

 

the House of Commons at any one time, whether paid or unpaid, must not

 

exceed 95 if the number of constituencies in the United Kingdom is

 

650.”.

 

(3)    

After section 2(1) insert—

 

“(1A)    

If the number of constituencies in the United Kingdom decreases below

 

650, the limit on the number of holders of Ministerial offices entitled to

 

sit and vote in the House of Commons referred to in section 2(1) must be

 

decreased by at least a proportionate amount.”.

 

(4)    

In subsection (2), after “subsection (1)”, insert “or subsection (1A)”.’.

 


 

Proportional representation in Parliament

 

Andrew George

 

NC8

 

To move the following Clause:—

 

‘(1)    

Members of the House of Commons shall have weighted representation in the

 

House of Commons in respect of each parliamentary vote which a Minister has

 

announced in the House of Commons shall be a whipped vote.

 

(2)    

The weighted vote of each Member shall be determined by the number of votes

 

cast for the party they stood for at the time of the last general election divided by

 

the number of parliamentary seats gained by that party in accordance with the

 

equation below:equation: over[char[V],char[S]]

 

where V is the total number of first preference votes (under the alternative vote

 

system) or votes (under the first past the post system) and S is the number of

 

parliamentary seats secured by the party at the general election.

 

(3)    

For the purposes of this clause a political party is as defined in the Political

 

Parties, Elections and Referendums Act 2000.

 

(4)    

Any Member of Parliament elected to the House of Commons at times other than

 

a general election will be assumed to have an unweighted single vote.


 
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