1233

House of Commons

Wednesday 1 December 2010

Committee of the whole House

Fixed-Term Parliaments Bill

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Clause 2

Amendment (No. 5) proposed, in page 2, line 11, leave out from ‘Government’ to end

of line 14.—(Mr William Cash).

Edward Miliband

Sadiq Khan

Chris Bryant

22

Clause  2,  page  2,  line  12,  leave out ‘14’ and insert ‘ten working’.

Mr Graham Allen

Mrs Eleanor Laing

Mr Christopher Chope

Mr Andrew Turner

Sir Peter Soulsby

36

Clause  2,  page  2,  line  14,  at end insert—

‘(2A)

In reckoning for the purposes of subsection 2(b), no account shall be taken of any

time during which Parliament is prorogued or during which the House of

Commons is adjourned for more than four days.’.

Mr Graham Allen

Mrs Eleanor Laing

Mr Christopher Chope

Mr Andrew Turner

Sir Peter Soulsby

37

Clause  2,  page  2,  line  14,  at end insert—

‘(2B)

Where the House of Commons passes a motion of no confidence in Her Majesty’s

Government, the Prime Minister shall tender his resignation to Her Majesty

within a period of seven days of the motion being passed.

(2C)	On tendering his resignation under subsection (2B), it shall be a duty on the Prime

Minister to advise Her Majesty to appoint as his successor the person who appears

to him most likely to command the confidence of the House of Commons.’.

Committee of the whole House: 1 December 2010

1234

Fixed-Term Parliaments Bill, continued

Mr William Cash

Mr George Howarth

Mr Brian Binley

Mr Douglas Carswell

Mr Bernard Jenkin

Mr Richard Shepherd

6

Clause  2,  page  2,  line  15,  leave out subsection (3) and insert—

‘(3)	Any certificate of the Speaker of the House of Commons given under this section

shall be conclusive for all purposes and shall not be presented to or questioned in

any court of law whatsoever.’.

Edward Miliband

Sadiq Khan

Chris Bryant

23

Clause  2,  page  2,  line  17,  at end insert—

‘(4A)

The Speaker shall issue a certificate under subsection (1) or (2) within 24 hours

of the relevant conditions being met under subsection (1) or (2).’.

Edward Miliband

Sadiq Khan

Chris Bryant

24

Clause  2,  page  2,  line  21,  leave out from ‘be’ to end of line 24 and insert ‘the sixth

Thursday after the day on which the Speaker issues a certificate under subsection (1) or

(2)’.

Edward Miliband

Sadiq Khan

Chris Bryant

25

Clause  2,  page  2,  line  24,  at end add—

‘(6A)

In this section a “motion of no confidence in Her Majesty’s Government” shall

be—

(a)	in the terms “This House has no confidence in Her Majesty’s

Government” or

(b)	in the terms “This House has no confidence in the Prime Minister”.’.

Edward Miliband

Sadiq Khan

Chris Bryant

26

Clause  3,  page  2,  line  26,  leave out ‘17th’ and insert ‘25th’.

Mr Graham Allen

Mrs Eleanor Laing

Sir Peter Soulsby

34

Clause  3,  page  2,  line  28,  leave out ‘(6)’.

Committee of the whole House: 1 December 2010

1235

Fixed-Term Parliaments Bill, continued

Edward Miliband

Sadiq Khan

Chris Bryant

27

Clause  3,  page  2,  line  36,  at end insert ‘within 15 working days of the polling day’.

Edward Miliband

Sadiq Khan

Chris Bryant

28

Clause  4,  page  3,  line  12,  leave out subsection (1).

Mr Graham Allen

Mrs Eleanor Laing

Sir Peter Soulsby

35

Clause  4,  page  3,  line  15,  leave out ‘(6)’.

Edward Miliband

Sadiq Khan

Chris Bryant

29

Schedule,  page  4,  line  4,  leave out ‘“or dissolve”’ and insert ‘“prorogue or dissolve

Parliaments nor”.’.

Edward Miliband

Sadiq Khan

Chris Bryant

31

Schedule,  page  4,  line  6,  at end insert—

‘Meeting of Parliament Act 1797 (c. 127)

2A	The Meeting of Parliament Act 1797 is repealed.’.

Edward Miliband

Sadiq Khan

Chris Bryant

30

Schedule,  page  4,  line  8,  leave out from ‘omit’ to end of line 9 and insert ‘“unless it

should be sooner prorogued or dissolved by the Crown, anything in the Succession to the

Crown Act 1707 in any way notwithstanding”.’.

The Deputy Prime Minister

14

Schedule,  page  4,  line  9,  at end insert—

Committee of the whole House: 1 December 2010

1236

Fixed-Term Parliaments Bill, continued

‘Parliament Act 1911 (c. 13)

3A	In the Parliament Act 1911 omit section 7.’.

The Deputy Prime Minister

15

Schedule,  page  4,  line  16,  at end insert—

‘7A	In section 119(2) after “mourning” insert “(but, in relation to a parliamentary

general election, excluding any day to which rule 2 of the parliamentary

elections rules does not apply by virtue of rule 2(2A))”.’.

The Deputy Prime Minister

16

Schedule,  page  5,  line  9,  at end insert—

‘(3A)

Omit paragraph (2)(ii) and the “and” before it.’.

The Deputy Prime Minister

17

Schedule,  page  5,  line  18,  at end insert—

‘But, in relation to any proceedings commenced afresh by reason of

a candidate’s death, this paragraph is to be ignored.”.’.

The Deputy Prime Minister

18

Schedule,  page  5,  line  18,  at end insert—

‘9A	In rule 6A(4) in Schedule 1 after “rule 2(1)” insert “(subject to rule 2(2A))”.’.

The Deputy Prime Minister

19

Schedule,  page  7,  line  10,  at end insert—

‘15A	In section 22(2A) after “1983” insert “(subject to rule 2(2A))”.’.

New ClauseS

Prorogation of Parliament

Edward Miliband

Sadiq Khan

Chris Bryant

NC3

To move the following Clause:—

‘(1)	Parliament can only be prorogued in accordance with this section.

(2)	The Speaker of the House of Commons may prorogue Parliament by a

declaration, and Parliament shall thereby stand prorogued from the time the

declaration is made until the day appointed in that declaration.

(3)	The Speaker shall not make such a declaration unless the House of Commons has

directed him to prorogue Parliament on or before a specified date and time, to a

Committee of the whole House: 1 December 2010

1237

Fixed-Term Parliaments Bill, continued

specified day, which shall be no more than 15 working days from the day of

prorogation.

(4)	The Prorogation Act 1867 is repealed.’.

Devolved legislature elections

Jonathan Edwards

Mr Angus Brendan MacNeil

Mark Durkan

NC4

To move the following Clause:—

‘(1)	A devolved legislature election may not take place on the same day as a United

Kingdom parliamentary general election.

(2)	If a devolved legislature election is scheduled to take place on the same day as a

United Kingdom parliamentary general election, then the date of the poll for the

devolved legislature general election must vary by—

(a)	not less than two months, and

(b)	not more than twelve months and one week before or after the United

Kingdom parliamentary general election date.

(3)	The appropriate authority shall make provision by order to vary the date of the

devolved legislature general election, subject to agreement by the relevant

devolved legislature.

(4)	The following election to that devolved legislature will take place on the first

Thursday in May in the fourth calendar year following the polling day for the

previous election.

(5)	A devolved legislature election is an election to the Scottish Parliament, the

National Assembly for Wales or the Northern Ireland Assembly.’.

Varying of elections by the National Assembly for Wales

Jonathan Edwards

NC5

To move the following Clause:—

‘(1)	Section 4 of the Government of Wales Act 2006 (“Power to vary date of ordinary

general election”) is amended as follows.

(2)	In subsection (1) after “May”, insert “, subject to subsections (1A) and (1B)”.

(3)	After subsection (1) insert—

“(1A)

If the scheduled date for a National Assembly for Wales ordinary general

election is the same date as for a United Kingdom parliamentary general

election, the National Assembly of Wales general election must be

held—

(a)	not less than two months, and

Committee of the whole House: 1 December 2010

1238

Fixed-Term Parliaments Bill, continued

(b)	not more than twelve months and one week before or after the

United Kingdom parliamentary general election.

(1B)	The Secretary of State for Wales shall by order provide for the date of the

poll of the National Assembly for Wales ordinary general election, with

the agreement of the National Assembly for Wales, subject to subsection

(1A).”.’.

Power for the National Assembly for Wales to vary election dates and make provision

about elections to the National Assembly for Wales

Jonathan Edwards

NC6

To move the following Clause:—

‘(1)	The Government of Wales Act 2006 is amended as follows.

(2)	In section 4(1), for “Secretary of State” substitute “National Assembly for

Wales”.

(3)	Omit section 4(5).

(4)	In section 5(1), for “Secretary of State” substitute “National Assembly for

Wales”.

(5)	In section 5(4), for “Secretary of State” substitute “National Assembly for

Wales”.

(6)	In section 13(1), for “Secretary of State” substitute “National Assembly for

Wales.”.’.

Variation of date of Scottish general elections (No. 1)

Mr Angus Brendan MacNeil

NC7

To move the following Clause:—

‘(1)	The Scotland Act 1998 is amended as follows.

(2)	In section 2(5) for “which is not more than one month earlier, nor more than one

month later, than the first Thursday in May” substitute “which is not more than

two months earlier, nor more than 12 months and one week later, than the original

date of an ordinary general election,”.’.

Committee of the whole House: 1 December 2010

1239

Fixed-Term Parliaments Bill, continued

Variation of date of Scottish general elections (No. 2)

Mr Angus Brendan MacNeil

NC8

To move the following Clause:—

‘(1)	The Scotland Act 1998 is amended as follows.

(2)	In section 2(5) omit “which is not more than one month earlier, nor more than one

month later, than the first Thursday in May,”.’.

Application of Parliament Act 1911 to section 1

Jacob Rees-Mogg

NC9

To move the following Clause:—

‘(1)	The Parliament Act 1911 is amended as follows.

(2)	In section 2(1), after “five years”, there is inserted “or a Bill amending section 1

of the Fixed-Term Parliaments Act 2010”.’.

Order of the House [13 September 2010]

That the following provisions shall apply to the Fixed-Term Parliaments Bill:

Committal

1.	The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee

2.	Proceedings in Committee of the whole House shall be completed in two

days.

3.	The proceedings shall be taken in the following order: Clauses 1 to 4; the

Schedule; Clause 5; new Clauses; new Schedules; remaining proceedings on

the Bill.

4.	The proceedings shall (so far as not previously concluded) be brought to a

conclusion at the moment of interruption on the second day.

5.	Standing Order No. 83B (Programming committees) shall not apply to the

proceedings on the Bill in Committee of the whole House.

Consideration and Third Reading

6.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

7.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

8.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

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Revised 1 December 2010