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| | Wednesday 1 December 2010 |
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| | Fixed-Term Parliaments Bill
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| | | Amendment (No. 5) proposed, in page 2, line 11, leave out from ‘Government’ to end |
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| | | of line 14.—(Mr William Cash). |
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| | Clause 2, page 2, line 12, leave out ‘14’ and insert ‘ten working’. |
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| | Clause 2, page 2, line 14, at end insert— |
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| | | ‘(2A) | In reckoning for the purposes of subsection 2(b), no account shall be taken of any |
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| | | time during which Parliament is prorogued or during which the House of |
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| | | Commons is adjourned for more than four days.’. |
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| | Clause 2, page 2, line 14, at end insert— |
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| | | ‘(2B) | Where the House of Commons passes a motion of no confidence in Her Majesty’s |
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| | | Government, the Prime Minister shall tender his resignation to Her Majesty |
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| | | within a period of seven days of the motion being passed. |
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| | | (2C) | On tendering his resignation under subsection (2B), it shall be a duty on the Prime |
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| | | Minister to advise Her Majesty to appoint as his successor the person who appears |
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| | | to him most likely to command the confidence of the House of Commons.’. |
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| | Clause 2, page 2, line 15, leave out subsection (3) and insert— |
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| | | ‘(3) | Any certificate of the Speaker of the House of Commons given under this section |
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| | | shall be conclusive for all purposes and shall not be presented to or questioned in |
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| | | any court of law whatsoever.’. |
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| | Clause 2, page 2, line 17, at end insert— |
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| | | ‘(4A) | The Speaker shall issue a certificate under subsection (1) or (2) within 24 hours |
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| | | of the relevant conditions being met under subsection (1) or (2).’. |
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| | Clause 2, page 2, line 21, leave out from ‘be’ to end of line 24 and insert ‘the sixth |
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| | Thursday after the day on which the Speaker issues a certificate under subsection (1) or |
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| | Clause 2, page 2, line 24, at end add— |
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| | | ‘(6A) | In this section a “motion of no confidence in Her Majesty’s Government” shall |
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| | | (a) | in the terms “This House has no confidence in Her Majesty’s |
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| | | (b) | in the terms “This House has no confidence in the Prime Minister”.’. |
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| | | Clauses 2 to 4 Agreed to on division. |
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| | Clause 3, page 2, line 26, leave out ‘17th’ and insert ‘25th’. |
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| | Clause 3, page 2, line 28, leave out ‘(6)’. |
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| | Clause 3, page 2, line 36, at end insert ‘within 15 working days of the polling day’. |
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| | Clause 4, page 3, line 12, leave out subsection (1). |
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| | Clause 4, page 3, line 15, leave out ‘(6)’. |
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| | Schedule, page 4, line 4, leave out ‘“or dissolve”’ and insert ‘“prorogue or dissolve |
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| | Schedule, page 4, line 6, at end insert— |
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| | | ‘Meeting of Parliament Act 1797 (c. 127) |
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| | | 2A | The Meeting of Parliament Act 1797 is repealed.’. |
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| | Schedule, page 4, line 8, leave out from ‘omit’ to end of line 9 and insert ‘“unless it |
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| | should be sooner prorogued or dissolved by the Crown, anything in the Succession to the |
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| | Crown Act 1707 in any way notwithstanding”.’. |
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| | The Deputy Prime Minister |
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| | Schedule, page 4, line 9, at end insert— |
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| | | ‘Parliament Act 1911 (c. 13) |
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| | | 3A | In the Parliament Act 1911 omit section 7.’. |
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| | The Deputy Prime Minister |
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| | Schedule, page 4, line 16, at end insert— |
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| | | ‘7A | In section 119(2) after “mourning” insert “(but, in relation to a parliamentary |
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| | | general election, excluding any day to which rule 2 of the parliamentary |
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| | | elections rules does not apply by virtue of rule 2(2A))”.’. |
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| | The Deputy Prime Minister |
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| | Schedule, page 5, line 9, at end insert— |
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| | | ‘(3A) | Omit paragraph (2)(ii) and the “and” before it.’. |
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| | The Deputy Prime Minister |
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| | Schedule, page 5, line 18, at end insert— |
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| | | | ‘But, in relation to any proceedings commenced afresh by reason of |
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| | | a candidate’s death, this paragraph is to be ignored.”.’. |
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| | The Deputy Prime Minister |
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| | Schedule, page 5, line 18, at end insert— |
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| | | ‘9A | In rule 6A(4) in Schedule 1 after “rule 2(1)” insert “(subject to rule 2(2A))”.’. |
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| | The Deputy Prime Minister |
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| | Schedule, page 7, line 10, at end insert— |
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| | | ‘15A | In section 22(2A) after “1983” insert “(subject to rule 2(2A))”.’. |
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| | | Schedule, as amended, Agreed to. |
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| | | Prorogation of Parliament |
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| | To move the following Clause:— |
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| | | ‘(1) | Parliament can only be prorogued in accordance with this section. |
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| | | (2) | The Speaker of the House of Commons may prorogue Parliament by a |
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| | | declaration, and Parliament shall thereby stand prorogued from the time the |
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| | | declaration is made until the day appointed in that declaration. |
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| | | (3) | The Speaker shall not make such a declaration unless the House of Commons has |
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| | | directed him to prorogue Parliament on or before a specified date and time, to a |
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| | | specified day, which shall be no more than 15 working days from the day of |
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| | | (4) | The Prorogation Act 1867 is repealed.’. |
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| | | Devolved legislature elections |
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| | To move the following Clause:— |
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| | | ‘(1) | A devolved legislature election may not take place on the same day as a United |
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| | | Kingdom parliamentary general election. |
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| | | (2) | If a devolved legislature election is scheduled to take place on the same day as a |
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| | | United Kingdom parliamentary general election, then the date of the poll for the |
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| | | devolved legislature general election must vary by— |
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| | | (a) | not less than two months, and |
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| | | (b) | not more than twelve months and one week before or after the United |
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| | | Kingdom parliamentary general election date. |
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| | | (3) | The appropriate authority shall make provision by order to vary the date of the |
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| | | devolved legislature general election, subject to agreement by the relevant |
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| | | (4) | The following election to that devolved legislature will take place on the first |
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| | | Thursday in May in the fourth calendar year following the polling day for the |
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| | | (5) | A devolved legislature election is an election to the Scottish Parliament, the |
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| | | National Assembly for Wales or the Northern Ireland Assembly.’. |
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| | | Varying of elections by the National Assembly for Wales |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 4 of the Government of Wales Act 2006 (“Power to vary date of ordinary |
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| | | general election”) is amended as follows. |
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| | | (2) | In subsection (1) after “May”, insert “, subject to subsections (1A) and (1B)”. |
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| | | (3) | After subsection (1) insert— |
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| | | “(1A) | If the scheduled date for a National Assembly for Wales ordinary general |
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| | | election is the same date as for a United Kingdom parliamentary general |
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| | | election, the National Assembly of Wales general election must be |
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| | | (a) | not less than two months, and |
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| | | (b) | not more than twelve months and one week before or after the |
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| | | United Kingdom parliamentary general election. |
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| | | (1B) | The Secretary of State for Wales shall by order provide for the date of the |
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| | | poll of the National Assembly for Wales ordinary general election, with |
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| | | the agreement of the National Assembly for Wales, subject to subsection |
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| | | Power for the National Assembly for Wales to vary election dates and make provision |
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| | | about elections to the National Assembly for Wales |
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| | To move the following Clause:— |
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| | | ‘(1) | The Government of Wales Act 2006 is amended as follows. |
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| | | (2) | In section 4(1), for “Secretary of State” substitute “National Assembly for |
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| | | (4) | In section 5(1), for “Secretary of State” substitute “National Assembly for |
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| | | (5) | In section 5(4), for “Secretary of State” substitute “National Assembly for |
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| | | (6) | In section 13(1), for “Secretary of State” substitute “National Assembly for |
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| | | Variation of date of Scottish general elections (No. 1) |
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| | To move the following Clause:— |
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| | | ‘(1) | The Scotland Act 1998 is amended as follows. |
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| | | (2) | In section 2(5) for “which is not more than one month earlier, nor more than one |
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| | | month later, than the first Thursday in May” substitute “which is not more than |
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| | | two months earlier, nor more than 12 months and one week later, than the original |
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| | | date of an ordinary general election,”.’. |
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| | | Variation of date of Scottish general elections (No. 2) |
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| | To move the following Clause:— |
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| | | ‘(1) | The Scotland Act 1998 is amended as follows. |
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| | | (2) | In section 2(5) omit “which is not more than one month earlier, nor more than one |
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| | | month later, than the first Thursday in May,”.’. |
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| | | Application of Parliament Act 1911 to section 1 |
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| | To move the following Clause:— |
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| | | ‘(1) | The Parliament Act 1911 is amended as follows. |
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| | | (2) | In section 2(1), after “five years”, there is inserted “or a Bill amending section 1 |
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| | | of the Fixed-Term Parliaments Act 2010”.’. |
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| | | Bill, as amended, to be reported. |
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