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Constitutional Renewal Bill [HL]


Constitutional Renewal Bill [HL]
Part 2 — The Attorney General

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“specified” means specified in the certificate signed by the Minister of the

Crown.

16      

Effect of certain directions under section 15

(1)   

Where the Attorney General has given a direction under section 15(2)(b), no

proceedings for an offence are to be instituted in respect of the matters which

5

are the subject of the investigation.

(2)   

Subsection (1) does not prevent the institution of proceedings for an offence in

respect of those matters if the direction is withdrawn.

(3)   

Where the Attorney General has given a direction under section 15(2)(c), the

prosecutor must take such steps as are appropriate to ensure that the

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proceedings which are the subject of the direction are brought to and end as

soon as is practicable.

(4)   

If the prosecutor fails to comply with subsection (3), any court before which the

proceedings are being conducted may make an order—

(a)   

bringing the proceedings to an end, and

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(b)   

making such other provision as appears to the court to be appropriate

(including provision as to the effect of the order on the bringing of fresh

proceedings in respect of the same offence).

(5)   

In this section—

(a)   

“offence” and “prosecutor” have the same meaning as in section 15;

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(b)   

the reference in subsection (4) to a court includes a reference to a service

court within the meaning of section 324(4) of the 2006 Act.

17      

Reports on directions under section 15

(1)   

This section applies where the Attorney General has—

(a)   

given a direction under section 15(2), or

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(b)   

withdrawn a direction under section 15(3).

(2)   

The Attorney General must prepare and lay before Parliament a report on the

giving or withdrawal of the direction—

(a)   

as soon as is practicable after the giving or withdrawal of the direction,

or

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(b)   

if the certificate under section 15(1) states that it is necessary to delay

the report for the purpose of avoiding prejudice to national security, as

soon as a Minister of Crown directs that further delay is no longer

necessary for that purpose.

(3)   

Nothing in subsection (2) requires information to be included in a report if—

35

(a)   

the certificate under section 15(1) specifies that the information is to be

excluded from the report, or

(b)   

the Attorney General is satisfied that—

(i)   

a claim to legal professional privilege (or in Scotland

confidentiality of communications) could be maintained in

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respect of the information in legal proceedings, or

(ii)   

the inclusion of the information would prejudice the

investigation of a suspected offence or proceedings before any

court.

 
 

Constitutional Renewal Bill [HL]
Part 3 — Treaties and armed conflicts

9

 

Miscellaneous and supplementary

18      

Annual report on exercise of Attorney’s functions

(1)   

As soon as is practicable after 4th April in any year the Attorney General must

prepare and lay before Parliament a report on the exercise of the functions of

the Attorney General during the year ending with that date.

5

(2)   

Nothing in subsection (1) requires information to be included in a report if—

(a)   

any certificate under section 15(1) specifies that the information is to be

excluded from the report, or

(b)   

the Attorney General is satisfied that—

(i)   

a claim to legal professional privilege (or in Scotland

10

confidentiality of communications) could be maintained in

respect of the information in legal proceedings, or

(ii)   

the inclusion of the information would prejudice the

investigation of a suspected offence or proceedings before any

court.

15

19      

Amendments consequential on Part 2

Schedule 1 (which contains amendments consequential on this Part) has effect.

Part 3

Treaties and armed conflicts

Ratification of treaties

20

20      

Treaties to be laid before Parliament before ratification

(1)   

A treaty is not to be ratified unless conditions 1 to 4 or conditions 1 to 5 (as the

case may be) are met.

(2)   

Condition 1 is that the Secretary of State has laid before Parliament a copy of

the treaty.

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(3)   

Condition 2 is that the treaty has been published in a way that the Secretary of

State thinks appropriate.

(4)   

Condition 3 is that the Treaties Committee established under section 21

(a)   

has laid before Parliament a report on the treaty under that section

before the expiry of the initial period, or

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(b)   

has recommended that the initial period be extended by such number

of days as the Committee may specify and has laid a report before

Parliament before the expiry of that extended period.

   

In this subsection, the “initial period” is the period of 21 sitting days beginning

with the first sitting day after the date on which Condition 1 is met.

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(5)   

Condition 4 is that—

(a)   

the relevant period has expired without either House having resolved

that the treaty should not be ratified, or

(b)   

if either House resolves that within the relevant period that the treaty

should not be ratified, condition 5 has been met.

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Constitutional Renewal Bill [HL]
Part 3 — Treaties and armed conflicts

10

 

   

In this subsection, the “relevant period” is the initial period referred to in

subsection (4)(a) or, if an extension to that period was recommended under

subsection (4)(b), the initial period plus the number of additional days

specified by the Treaties Committee.

(6)   

Condition 5 is that—

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(a)   

the Secretary of State has laid before Parliament a statement indicating

that the Secretary of State is of the opinion that the treaty should

nevertheless be ratified and explaining why, and

(b)   

the review period has expired without either House having resolved

within that period that the treaty should not be ratified.

10

   

In this subsection, the “review period” is the period of 21 sitting days,

beginning with the first sitting day after the date on which statement referred

to in paragraph (a) is laid.

(7)   

The Secretary of State may lay a statement under subsection (6) on more than

one occasion.

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(8)   

In this section “sitting day” means a day on which either House of Parliament

sits.

21      

The Treaties Committee

(1)   

There is to be a Committee, called the Treaties Committee (referred to in this

section as “the Committee”)—

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(a)   

to examine any treaty laid before Parliament under section 20 and to

report to Parliament its recommendation as to whether the treaty

should be ratified, and

(b)   

to examine any other treaty-like documents (such as memoranda of

understanding, memoranda of agreement, common positions etc.) and

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to call the attention of Parliament to such documents if the committee

considers it appropriate to do so.

(2)   

The Committee shall consist of 12 Members—

(a)   

who are to be drawn both from the members of the House of Commons

and from the members of the House of Lords; and

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(b)   

none of whom may be a Minister of the Crown.

(3)   

The members of the Committee are to be appointed by the Prime Minister and

one of them is to be appointed as chair.

(4)   

Any appointment under subsection (3) may be made only after consultation

with the leader of each registered political party to which ten or more members

35

of the House of Commons belongs.

(5)   

Past service is no bar to appointment to the Committee.

(6)   

A member of the Committee—

(a)   

holds office for the duration of the Parliament in which he is appointed,

but

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(b)   

ceases to be a member on—

(i)   

ceasing to be a member of the House of Commons,

(ii)   

ceasing to be a member of the House of Lords,

(iii)   

becoming a Minister of the Crown,

(iv)   

being required by the Prime Minister to vacate office, or

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Constitutional Renewal Bill [HL]
Part 3 — Treaties and armed conflicts

11

 

(v)   

giving notice in writing of the member’s intention to resign

from office as member.

(7)   

The Committee may determine its own procedure.

(8)   

“Registered political party” means a party registered under Part 2 of the

Political Parties, Elections and Referendums Act 2000 (c. 41).

5

22      

Section 20 not to apply to certain descriptions of treaties

(1)   

Section 20 does not apply to—

(a)   

a treaty covered by section 12 of the European Parliamentary Elections

Act 2002 (c. 24) (treaty providing for increase in European Parliament’s

powers not to be ratified unless approved by Act of Parliament);

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(b)   

a treaty covered by section 5 of the European Union (Amendment) Act

2008 (c. 7) (treaty amending founding Treaties not to be ratified unless

approved by Act of Parliament).

(2)   

Section 20 does not apply to a treaty in relation to which an Order in Council

may be made under one or more of the following—

15

(a)   

section 158 of the Inheritance Tax Act 1984 (c. 51) (double taxation

conventions);

(b)   

section 788 of the Income and Corporation Taxes Act 1988 (c. 1) (double

taxation arrangements);

(c)   

section 173 of the Finance Act 2006 (c. 25) (international tax

20

enforcement arrangements).

23      

Meaning of “treaty” and “ratification”

(1)   

In this Part “treaty” means an agreement in writing—

(a)   

between States or between States and international organisations, and

(b)   

binding in international law.

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(2)   

In this Part a reference to ratification of a treaty is a reference to an act of a kind

specified in subsection (3) which establishes as a matter of international law the

United Kingdom’s consent to be bound by the Treaty.

(3)   

The acts are—

(a)   

deposit or delivery of an instrument of ratification, accession, approval

30

or acceptance;

(b)   

deposit or delivery of a notification of completion of domestic

procedures.

Participation in war etc.

24      

Parliamentary approval before participating in war etc.

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(1)   

Before the exercise of any power to commit the United Kingdom to direct

participation in—

(a)   

war,

(b)   

international armed conflict, or

(c)   

international peace-keeping activities,

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the prior approval of Parliament for such participation must be given by a

resolution of each House.

 
 

Constitutional Renewal Bill [HL]
Part 4 — The Civil Service

12

 

(2)   

Subsection (1) does not apply in any case where the Prime Minister—

(a)   

considers that exceptional considerations require immediate action to

be taken,

(b)   

notifies each House of Parliament accordingly, and

(c)   

as soon as is practicable provides each House with a statement of the

5

reasons for taking the view referred to in paragraph (a).

Part 4

The Civil Service

Application

25      

Application of Part

10

(1)   

This Part applies to the civil service of the State excluding the parts listed in

subsection (2).

(2)   

The parts excluded are—

(a)   

the Secret Intelligence Service;

(b)   

the Security Service;

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(c)   

the Government Communications Headquarters;

(d)   

the Northern Ireland Civil Service;

(e)   

the Northern Ireland Courts Service.

(3)   

References to the civil service and civil servants are to be read accordingly.

Civil Service Commission

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26      

Establishment of the Civil Service Commission

(1)   

There is to be a body corporate called the Civil Service Commission.

(2)   

Schedule 2 (Civil Service Commission) has effect.

(3)   

The Commission has the role in relation to selections for appointments to the

civil service set out in sections 34 to 36.

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(4)   

See also—

(a)   

section 32(7) to (9) (which provides for the making of complaints to the

Commission under civil service codes of conduct);

(b)   

section 40 (monitoring by the Commission);

(c)   

section 41 (arrangements for the Civil Service Commission to carry out

30

additional functions).

Management

27      

Management of the civil service

(1)   

The Minister for the Civil Service has the power to manage the civil service

(excluding the diplomatic service).

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(2)   

The Secretary of State has the power to manage the diplomatic service.

 
 

Constitutional Renewal Bill [HL]
Part 4 — The Civil Service

13

 

(3)   

The powers referred to in subsections (1) and (2) do not cover—

(a)   

recruitment, appointment, discipline or dismissal of individual civil

servants,

(b)   

day-to-day management of individual civil servants, or

(c)   

national security vetting (and accordingly do not affect any power

5

relating to national security vetting).

(4)   

The Secretary of State may not exercise the power referred to in subsection (2)

in relation to —

(a)   

remuneration, expenses and allowances of civil servants (including

compensation payable on leaving the civil service), or

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(b)   

the conditions on which a civil servant may retire,

   

without the agreement of the Minister for the Civil Service.

28      

Civil service management functions

(1)   

The Civil Service (Management Functions) Act 1992 (c. 61) is amended as

follows.

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(2)   

For the italic cross-heading before section 1 substitute “Civil service (excluding

the diplomatic service)”.

(3)   

In section 1 (delegation of functions), for subsections (1) and (2) substitute—

“(1)   

This section applies to the functions conferred on the Minister for the

Civil Service by section 27 of the Constitutional Renewal Act 2009

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(management of the civil service).

(2)   

The Minister for the Civil Service may, to such extent and subject to

such conditions as the Minister thinks fit, delegate a function to which

this section applies to any other servant of the Crown.”

(4)   

Omit section 1(5) (meaning of “transfer of functions Order”).

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(5)   

In section 2 (power to authorise exercise of functions without approval etc.), in

subsection (1)(a), for “Her Majesty’s Home Civil Service” substitute “the civil

service (excluding the diplomatic service) within the meaning of Part 4 of the

Constitutional Renewal Act 2009”.

29      

Management of the civil service: supplementary

30

(1)   

Any statutory power relating to the management of any part of the civil service

has effect subject to section 27.

(2)   

“Statutory power” means a power conferred by any other Act (whenever

passed) or an instrument made under any other Act (whenever made).

(3)   

Subsection (4) applies to any person (“P”) who—

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(a)   

is a civil servant immediately before section 27 comes into force, and

(b)   

was appointed under powers that cease to be exercisable on that section

coming into force.

(4)   

From the time that section 27 comes into force, P’s appointment continues but

as if made—

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(a)   

if P is a member of the diplomatic service immediately before that time,

under subsection (2) of that section, and

 
 

Constitutional Renewal Bill [HL]
Part 4 — The Civil Service

14

 

(b)   

otherwise, under subsection (1) of that section.

Codes of conduct

30      

Civil service code

(1)   

The Minister for the Civil Service must issue a code of conduct for the civil

service (excluding the diplomatic service).

5

(2)   

For this purpose, the Minister for the Civil Service may issue separate codes of

conduct covering civil servants who serve the Scottish Executive or the Welsh

Assembly Government.

(3)   

In this Part “civil service code” means a code of conduct issued under this

section as it is in force for the time being.

10

(4)   

The Minister for the Civil Service may not issue a civil service code unless the

code has been laid in draft before Parliament and approved by a resolution of

each House.

(5)   

A civil service code forms part of the terms and conditions of service of any

civil servant covered by the code.

15

31      

Diplomatic service code

(1)   

The Secretary of State must issue a code of conduct for the diplomatic service.

(2)   

In this Part “diplomatic service code” means the code of conduct issued under

this section as it is in force for the time being.

(3)   

The Secretary of State may not issue the diplomatic service code unless the

20

code has been laid in draft before Parliament and approved by a resolution of

each House.

(4)   

The diplomatic service code forms part of the terms and conditions of any civil

servant covered by the code.

32      

Minimum requirements for civil service and diplomatic service codes

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(1)   

This section sets out the provision that must be included in a civil service code

or the diplomatic service code in relation to the civil servants covered by the

code.

The code may include other provision as well.

(2)   

The code must require civil servants who serve an administration mentioned

30

in subsection (3) to carry out their duties for the assistance of the

administration as it is duly constituted for the time being, whatever its political

complexion.

(3)   

The administrations are—

(a)   

Her Majesty’s Government in the United Kingdom;

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(b)   

the Scottish Executive;

(c)   

the Welsh Assembly Government.

(4)   

The code must require that, so far as is consistent with discharging the duty

referred to in subsection (2), civil servants carrying out their duties must have

 
 

 
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