Consideration of Bill: 1 November 2010

982

Parliamentary Voting System and Constituencies Bill, continued

Act 1983 to be published no later than the review date, or would be so required

but for—

(a)	any power under that section to prescribe a later date, or

(b)	subsection (1A) of that section.’.

Jacob Rees-Mogg

208

Page  11,  line  33  [Clause  11],  after first ‘county’, insert ‘(as defined by the 1997

Lieutenancies Act)’.

Mr Graham Allen

Sheila Gilmore

Simon Hart

Tristram Hunt

Mrs Eleanor Laing

Sir Peter Soulsby

Total signatories: 7

204

Page  12,  line  10  [Clause  11],  leave out ‘The United Kingdom’.

Mr Andrew Turner

3

Page  12,  line  14  [Clause  11],  at end insert—

‘(8)	This Schedule is subject to section [Parliamentary representation of the Isle of

Wight] of that Act.’.

The Deputy Prime Minister

21

Page  12,  line  18  [Clause  11],  at end insert—

‘( )	In Part 4 of Schedule 1 to the House of Commons Disqualification Act 1975

(offices disqualifying for particular constituencies)—

(a)	in the entry for Member of Her Majesty’s Commission of Lieutenancy

for the City of London, for “The constituency comprising the whole of”

there is substituted “Any constituency comprising the whole or part of”;

(b)	in the entry for Governor of the Isle of Wight, for “The Isle of Wight”

there is substituted “Any constituency comprising the whole or part of the

Isle of Wight”.

( )	In section 8 of the Representation of the People Act 1983 (registration officers),

for paragraph (b) of subsection (2) there is substituted—

“(b)	in relation to any constituency part of which consists of some or

all of the area of the City and the Inner and Middle Temples, the

Common Council shall appoint an officer to be registration

officer for that part of the constituency.”’.

Consideration of Bill: 1 November 2010

983

Parliamentary Voting System and Constituencies Bill, continued

Mr Graham Allen

Sheila Gilmore

Simon Hart

Tristram Hunt

Mrs Eleanor Laing

Sir Peter Soulsby

Total signatories: 7

205

Page  12,  line  21  [Clause  12],  at end insert—

‘(A1)

In relation to a report under section 3(1) that a Boundary Commission is required

by section 3(2) 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;

(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.

(A2)	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

Total signatories: 7

206

Page  12  [Clause  12],  leave out lines 22 to 34 and insert—

‘(1)	Where a Boundary Commission has 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

Consideration of Bill: 1 November 2010

984

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.’.

Edward Miliband

Sadiq Khan

Chris Bryant

15

Page  12  [Clause  12],  leave out lines 35 to 41 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 Boundary

Commission for the alteration of any constituency, the Commission receives 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, is of an opinion that a further local 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 constituencies.’.

Mr Nigel Dodds

Dr William McCrae

209

Page  12  [Clause  12],  leave out lines 35 and 36.

Mark Durkan

190

Page  12,  line  35  [Clause  12],  after ‘(2)’, insert ‘Subject to the provisions of Clause

(Application of Part 2 to Northern Ireland),’.

Mark Durkan

194

Page  12,  line  35  [Clause  12],  after ‘(2)’, insert ‘Subject to subsection (2A) below’.

Mark Durkan

195

Page  12,  line  36  [Clause  12],  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.’.

Mr Nigel Dodds

Dr William McCrae

210

Page  12  [Clause  12],  leave out line 41.

Consideration of Bill: 1 November 2010

985

Parliamentary Voting System and Constituencies Bill, continued

Edward Miliband

Sadiq Khan

Chris Bryant

16

Page  12,  line  42,  leave out Clause 13.

The Deputy Prime Minister

20

Page  8,  line  5  [Clause  10],  leave out ‘as follows’ and insert ‘as set out in

subsections (2) to (7)’.

The Deputy Prime Minister

218

Page  8,  line  37  [Clause  10],  at end insert—

‘(5AA)

Any such draft giving effect to recommendations contained in the report of a

particular Boundary Commission may do so with modifications only if that

Commission has requested the modifications and submitted to the Secretary of

State a statement of the reasons for the modifications.’.

Mr Graham Allen

Sheila Gilmore

Simon Hart

Tristram Hunt

Mrs Eleanor Laing

Sir Peter Soulsby

Total signatories: 7

199

Page  8,  line  37  [Clause  10],  at end insert—

‘(5AA)

The draft of an Order in Council laid under subsection (5A) above may only give

effect to the recommendations contained in all four reports under subsection (1)

above with modifications, where those modifications have been made with the

agreement of the relevant Boundary Commission or Boundary Commissions.’.

Mark Durkan

191

Page  8,  line  41  [Clause  10],  at end insert—

‘(6A)

After subsection (5) there is inserted—

“(5C)

The Boundary Commission for Northern Ireland shall formally advise

the Speaker of the Northern Ireland Assembly of its work, including

formal notification of—

(a)	the Northern Ireland electoral quota established under Schedule

2 to this Act;

(b)	how and where it will receive representations and make

arrangements for consultation under section 5 of this Act;

(c)	any inquiry to be held under section 5 of this Act and the

arrangements to be made for it;

(d)	its reports and recommendations made under this section at the

same time as they are made to the Speaker of the House of

Commons or the Secretary of State.”.’.

The Deputy Prime Minister

219

Page  8,  line  42  [Clause  10],  at end insert—

Consideration of Bill: 1 November 2010

986

Parliamentary Voting System and Constituencies Bill, continued

‘( )	In section 4(2) of the 1986 Act (Orders in Council), at the end there is inserted

“submitted under section 3(5AA) above”.’.

New Clauses and New SChedules relating to Part 2

Boundary Commission—powers of discretion

Andrew George

Stephen Gilbert

Dan Rogerson

NC1

To move the following Clause:—

‘(1)	The Boundary Commission shall have the following powers of discretion.

(2)	To specify, in certain specified circumstances (contained in subsection 3), that

constituencies in areas determined by the Boundary Commission shall be—

(a)	wholly within a principal local authority or authorities; or

(b)	wholly within well-established historic and/or geographical boundaries.

(3)	The impact of any decision taken in respect of areas defined under subsection 2

must not create constituencies within the remainder of the region or nation in

which such areas fall which fail to meet the rules in section 9.

(4)	The coterminosity of parliamentary constituencies with boundaries as defined in

subsection 2 may be specified when the following support such a proposition—

(a)	the principal local authority or authorities within the area proposed;

(b)	all sitting Members of Parliament representing constituencies wholly or

partially within that area; and

(c)	at least two-thirds of all civil parish, community boundary and town

councils or parish meetings within that area who make a representation;

and where the Boundary Commission is satisfied, from its own soundings

amongst the electorate and the business and voluntary sectors, that such a

proposal is widely supported.’.

Parliamentary representation of the Isle of Wight

Mr Andrew Turner

NC2

To move the following Clause:—

‘Notwithstanding the provisions of Schedule 2 to the 1986 Act (as substituted by

section 9 of this Act)—

(a)	all parts of the Isle of Wight must be included in a constituency which is

wholly in the Isle of Wight, and

(b)	Rule 2 does not apply to any such constituency.’.

Consideration of Bill: 1 November 2010

987

Parliamentary Voting System and Constituencies Bill, continued

Application of Part 2 to Northern Ireland

Mark Durkan

NC3

To move the following Clause:—

‘(1)	The Boundary Commission for Northern Ireland shall formally advise the

Speaker of the Northern Ireland Assembly of its work, including formal

notification of—

(a)	the Northern Ireland electoral quota established under subsection 2(a)

below;

(b)	how and where it will receive representations and make arrangements for

consultation under subsection (4) below;

(c)	any inquiry to be held under subsection (4) below and the arrangements

to be made for it;

(d)	its reports and recommendations, made under section 3 of the 1986 Act

as amended by section 10 of the Parliamentary Voting System and

Constituencies Act 2010, at the same time as they are made to the

Speaker of the House of Commons or the Secretary of State.

(2)    

(a)	The Boundary Commission for Northern Ireland shall establish a

Northern Ireland electoral quota by dividing the electorate of Northern

Ireland by the number of seats allocated to Northern Ireland, as

determined under rule 8 of Schedule 2.

(b)	The electorate of any constituency in Northern Ireland shall be no less

than 95% of the Northern Ireland electoral quota and no more than 105%

of the Northern Ireland electoral quota except where paragraph (c)

applies.

(c)	Where the Boundary Commission consider that they can best have regard

to factors in subsection (3) below and achieve an appropriate allocation

of the seats assigned to Northern Ireland under rule 8 they may

recommend that some Northern Ireland constituencies may be outside

the limits in subsection 2(b) above, provided that they are no less than

95% of the United Kingdom electoral quota and no more than 105% of

that quota.

(3)	The Boundary Commission for Northern Ireland may take into account to such

extent as they think fit—

(a)	special geographical considerations;

(b)	considerations arising from the co-terminosity of parliamentary

constituencies and multi-member constituencies for the Northern Ireland

Assembly under the Northern Ireland Act 1998;

(c)	local government boundaries as they exist on the most recent day of an

election for any district council, other than an election to fill a vacancy;

(d)	any local ties that would be broken by changes in constitiencies;

(e)	the inconveniences attendant upon such changes.

(4)	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.’.

Consideration of Bill: 1 November 2010

988

Parliamentary Voting System and Constituencies Bill, continued

The Deputy Prime Minister

18

Page  3,  line  1  [Clause  4],  leave out subsection (4) and insert—

‘(4)	The polls for—

(a)	the referendum,

(b)	the general election of members of the Northern Ireland Assembly to be

held on 5 May 2011, and

(c)	the Northern Ireland local elections to be held on that date,

are to be taken together.’.

The Deputy Prime Minister

19

Page  3  [Clause  4],  leave out lines 31 and 32.

The Deputy Prime Minister

44

Page  212,  [Schedule  7],  leave out lines 10 and 11 and insert—

‘“the 2010 Order” means the Scottish Parliament (Elections etc.) Order

2010;’.

The Deputy Prime Minister

45

Page  212,  line  15  [Schedule  7],  leave out from ‘Article’ to ‘Order’ and insert ‘14 of

the 2010’.

The Deputy Prime Minister

46

Page  212,  line  32  [Schedule  7],  leave out ‘2007’ and insert ‘2010’.

Mr Angus Brendan MacNeil

Jonathan Edwards

222

Page  212,  line  36  [Schedule  7],  leave out from ‘combination’ to end of line 38 and

insert ‘is to be the sole responsibility of the United Kingdom Government’.

The Deputy Prime Minister

47

Page  212,  line  41  [Schedule  7],  leave out ‘19 of the 2007’ and insert ‘18 of the

2010’.

The Deputy Prime Minister

48

Page  213,  line  9  [Schedule  7],  leave out ‘20 of the 2007’ and insert ‘19 of the

2010’.

---

Revised 1 November 2010