Session 2010-11
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Parliamentary Voting System and Constituencies Bill [HL]


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 25th November 2010, as follows—

Clauses 1 to 6
Schedule 9
Clauses 7 to 19
Schedules 1 to 8
Schedules 10 and 11

[Amendments marked * are new or have been altered]

Clause 1

LORD ROOKER

5

Page 1, line 6, leave out “on 5 May” and insert “before 31 October”

LORD FALCONER OF THOROTON

LORD BACH

6

Page 1, line 6, leave out “on 5 May 2011” and insert “between 6 and 18 months after this Act is passed, on a day to be specified by order subject to the approval of both Houses following a consultation undertaken by the Electoral Commission”

LORD ROOKER

7

Page 1, line 6, leave out “5 May 2011” and insert “7 May 2011 between 7am and 7pm, and 8 May 2011 between 7am and 12pm”

8

Page 1, line 6, leave out “5 May” and insert “30 June”

9

Page 1, line 6, leave out “5 May” and insert “15 September”

BARONESS MCDONAGH

LORD SNAPE

10

Page 1, line 6, leave out “5 May” and insert “6 October”

LORD LIPSEY

11

Page 1, line 6, leave out “5 May” and insert “13 October”

BARONESS MCDONAGH

12

Page 1, line 6, leave out “5 May 2011” and insert “3 May 2012”

LORD LIPSEY

13

Page 1, line 6, leave out “5 May 2011” and insert “such date as the Secretary of State may by order determine and such an order shall be subject to the affirmative resolution procedure”

LORD CAMPBELL-SAVOURS

14

Page 1, line 6, at end insert—

“(2A) The Secretary of State shall by order establish a Committee of Inquiry to make recommendations to Parliament on the form of “alternative vote” system to be the subject of the referendum.

(2B) Following receipt of the recommendations of the Committee of Inquiry, and taking account of any resolutions of either House of Parliament in respect of those recommendations, the Secretary of State shall decide on the form of “alternative vote” to be used, and shall lay before Parliament for approval by affirmative resolution an order making provision about the referendum.”

LORD FALCONER OF THOROTON

LORD BACH

15

Page 1, line 6, at end insert—

“( ) The date of the referendum shall not coincide with any poll or polls for any parliamentary assembly or regularly held local government elections.”

LORD OWEN

LORD ALTON OF LIVERPOOL

THE LORD BISHOP OF BLACKBURN

THE EARL OF CLANCARTY

16

Page 1, line 7, leave out subsections (3) and (4) and insert—

“(3) The question that is to appear on the ballot papers is—

At present, the UK uses the “first past the post” system to elect MPs to the House of Commons. It is proposed that the system should be changed. Please rank the following options in order of preference.

Should the UK use:

(a) the first past the post system;

(b) the alternative vote system;

(c) a proportional vote system?

(4) In Wales, a Welsh version of the question is also to appear on the ballot papers.

(5) Each voter will be asked to mark the ballot paper with—

(a) the number 1 next to the option that is the voter’s first preference (or, as the case may be, the only option for which the voter wishes to vote);

(b) if the voter wishes, the number 2 next to the option that is the voter’s second preference, and so on.

(6) The voter may mark as many preferences (up to the number of options) as the voter wishes.

(7) Votes shall be allocated to options in accordance with voters’ first preferences and, if one option has more votes than the other options put together, that option shall be deemed to have been selected.

(8) If not, the option with the fewest votes will be eliminated and that option’s votes shall be dealt with as follows—

(a) each vote cast by a voter who also ranked one or more of the remaining options shall be reallocated to that remaining option or (as the case may be) to the one that the voter ranked the highest.

(b) any votes not reallocated shall play no further part in the counting.

(9) After the reallocation of votes and recounting, the option with the most votes shall be deemed to have been selected.”

LORD CAMPBELL-SAVOURS

[Amendments 16A and 17 are amendments to Amendment 16]

16A

Line 8, leave out “the” and insert “an”

LORD CAMPBELL-SAVOURS

17

Line 9, at end insert—

“(d) the supplementary vote system”

LORD ROOKER

18

Page 1, line 7, at end insert “in two parts”

19

Page 1, line 7, at end insert—

“The first part is—”

BARONESS MCDONAGH

LORD SNAPE

20

Page 1, leave out lines 8 to 11 and insert—

“Which electoral system would you prefer to use for electing your MP to the House of Commons? Either—

(a) the first past the post system; or

(b) the alternative vote system?”

LORD ROOKER

21

Page 1, leave out lines 10 and 11 and insert—

“Do you wish to change the voting system?”

LORD CAMPBELL-SAVOURS

22

Page 1, line 10, leave out “the” and insert “an”

LORD ROOKER

23

Page 1, line 10, leave out ““alternative vote”” and insert ““additional member””

24

Page 1, line 10, leave out ““alternative vote”” and insert ““single transferable vote””

LORD CAMPBELL-SAVOURS

25

Page 1, line 10, leave out ““alternative” and insert ““supplementary”

26

Page 1, line 10, leave out ““alternative” and insert ““London alternative”

LORD ROOKER

27

Page 1, line 11, at end insert—

“The second part is—

If a majority vote for a change in the voting system, which of these alternatives would you prefer—

(a) Additional Member System (AMS);

(b) Alternative Vote (AV);

(c) Single Transferable Vote (STV);

(d) Supplementary Vote (SV)?”

BARONESS MCDONAGH

LORD SNAPE

28

Page 1, line 11, at end insert—

“( ) There is to be another question on the ballot papers as follows—

For electing your Member of Parliament in future, would you prefer to vote on a—

(a) Thursday; or

(b) Saturday?”

29

Page 1, line 11, at end insert—

“( ) There is to be another question on the ballot papers as follows—

Do you think there should be compulsory voting for general elections?

(a) Yes; or

(b) No”

LORD ROOKER

30

Page 1, line 12, leave out subsection (4) and insert—

“(4) In Wales, a Welsh version of the question is also to appear on the ballot papers.

(4A) The voting for part two of the question will enable the voter to express a preference.”

LORD FOULKES OF CUMNOCK

BARONESS LIDDELL OF COATDYKE

31

Page 2, line 4, at end insert—

“( ) In Scotland, a Gaelic version of the question is also to appear on the ballot papers.”

LORD CAMPBELL-SAVOURS

32

Page 2, line 5, leave out subsection (5)

33

Page 2, line 5, at end insert—

“(6) The order under subsection (2B) shall make provision about—

(a) the conduct of the referendum,

(b) combination of polls,

(c) referendum expenses,

(d) control of loans etc to permitted participants,

(e) amendment of the law relating to elections.”

LORD SNAPE

Lord Snape gives notice of his intention to oppose the Question that Clause 1 stand part of the Bill.

Clause 2

LORD DUBS

LORD ROOKER

34

Page 2, line 10, leave out paragraph (b)

LORD FOULKES OF CUMNOCK

35

Page 2, line 19, at end insert “, and

(c) prisoners in jails in the United Kingdom serving sentences of less than 6 months”

BARONESS HAYTER OF KENTISH TOWN

BARONESS MCDONAGH

LORD ALLI

36

Page 2, line 19, at end insert “, and

(c) persons who have attained the age of 16 on the date of the referendum”

LORD DUBS

37

Page 2, line 23, at end insert—

“( ) This section shall not come into force until the disqualification of peers from voting as electors at parliamentary elections has been removed.”

LORD SNAPE

Lord Snape gives notice of his intention to oppose the Question that Clause 2 stand part of the Bill.

Clause 3

LORD CAMPBELL-SAVOURS

LORD SNAPE

The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.

Clause 4

LORD LIPSEY

38

Page 2, line 32, leave out subsections (1) to (4) and insert—

“( ) The referendum may not take place on the same day as a local authority election, a local referendum, a mayoral election or an election to the European Parliament; nor on the same day as a general election of members of the Welsh Assembly, Scottish Parliament or Northern Ireland Assembly.”

LORD FOULKES OF CUMNOCK

39

Page 2, line 39, leave out subsection (3)

LORD MCNALLY

39A

Page 3, line 19, at end insert—

“( ) If any of the elections referred to in subsections (2) to (4) are not held on the same day as the referendum, this Part has effect with any necessary adaptations and in particular—

(a) if the Welsh Assembly general election in 2011 is not held on that day, subsection (2) and Schedule 6 do not apply (and Part 3 of Schedule 4 applies with the necessary adaptations);

(b) if the Scottish parliamentary general election in 2011 is not held on that day, subsection (3) and Schedule 7 do not apply (and Part 3 of Schedule 4 applies with the necessary adaptations);

(c) if any of the elections referred to in subsection (4) are not held on that day, that subsection and Schedule 8 either do not apply or apply only in relation to the elections that are held on that day.”

LORD CAMPBELL-SAVOURS

LORD FALCONER OF THOROTON

LORD BACH

LORD SNAPE

The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill.

Clause 5

LORD CAMPBELL-SAVOURS

LORD SNAPE

The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.

Clause 6

LORD MCNALLY

39B

Page 5, line 3, at end insert—

“( ) Schedule 19C to the 2000 Act (civil sanctions), and any order under Part 5 of that Schedule, have effect as if offences under paragraph 8(1) to (12) of the Schedule set out in Schedule 9 to this Act were offences prescribed in an order under that Part.”

LORD CAMPBELL-SAVOURS

LORD SNAPE

The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill.

Schedule 9

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 9 be the Ninth Schedule to the Bill.

Clause 7

LORD FALCONER OF THOROTON

LORD BACH

40

Page 5, line 27, leave out “the Lord President of the Council or”

LORD MCNALLY

40A

Page 5, line 34, at end insert—

““registration officer” has the meaning given in section 8 of the 1983 Act;”

LORD CAMPBELL-SAVOURS

LORD SNAPE

The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill.

Before Clause 8

LORD OWEN

LORD ALTON OF LIVERPOOL

THE LORD BISHOP OF BLACKBURN

LORD SKIDELSKY

41

Insert the following new Clause—

“Implementing the result of the referendum

(1) The Minister must by order make provision to implement a change in the voting system if—

(a) any option other than the first past the post system is selected in the referendum, and

(b) the draft of an Order in Council laid before Parliament under subsection (5A) of section 3 of the Parliamentary Constituencies Act 1986 (substituted by section 10(6) below) has been submitted to Her Majesty in Council under section 4 of that Act.

(2) An order under subsection (1) must bring the provisions for a new voting system into force on the same day as the coming into force of the Order in Council in terms of the draft referred to in paragraph (b) of that subsection.

(3) An order under subsection (1) may make transitional or saving provision.

(4) An order made under subsection (1) shall be made by statutory instrument and may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.”

Clause 8

LORD ROOKER

42

Page 6, line 3, leave out “must” and insert “may”

BARONESS HAYTER OF KENTISH TOWN

43

Page 6, line 4, at end insert—

“( ) over 25% of the electorate have voted in the referendum,”

LORD ROOKER

43A*

Page 6, line 5, at beginning insert “one million”

BARONESS HAYTER OF KENTISH TOWN

44

Page 6, line 6, after ““No”” insert “in England, Wales, Scotland and Northern Ireland”

LORD ELYSTAN-MORGAN

44A

Page 6, line 6, after ““No”,” insert—

“( ) more than 40% of those eligible to vote have voted,”

LORD LIPSEY

45

Page 6, line 7, leave out paragraph (b)

LORD ELYSTAN-MORGAN

45A

Page 6, line 12, after ““No”” insert “, or less than 40% of those eligible to vote have voted”

LORD ROOKER

46

Page 6, line 12, leave out “must” and insert “may”

LORD LIPSEY

47

Page 6, line 17, leave out subsection (4)

LORD FALCONER OF THOROTON

LORD BACH

48

Leave out Clause 8 and insert the following new Clause—

“Result of the referendum and any further action

The Minister must report the result of the referendum to Parliament on the first day that Parliament sits 14 days after certification of the result of the poll has been issued by the Chief Counting Officer.”

LORD OWEN

LORD ALTON OF LIVERPOOL

THE LORD BISHOP OF BLACKBURN

LORD SKIDELSKY

The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill.

Clause 9

LORD ROOKER

49

Page 6, line 24, leave out from “preference” to end of line 30 and insert “and so on expressing a preference for each candidate on the ballot paper.””

50

Page 6, line 29, leave out from “mark” to end of line 30 and insert “up to a maximum of three preferences.””

LORD LIPSEY

BARONESS MCDONAGH

51

Page 6, line 30, at end insert—

“( ) Where a voter marks a ballot with a cross against the name of a candidate, that cross shall count as if the voter had placed the number 1 opposite the name of that candidate.””

LORD ROOKER

52

Page 7, line 2, after “reallocated” insert “by the proportion of its preference (that is to say if the candidate was ranked 3 then one third of a vote, if ranked 4 then one quarter of a vote and so on)”

BARONESS MCDONAGH

LORD SNAPE

53

Page 7, line 16, leave out “make publicly available” and insert “publicly announce”

LORD FOULKES OF CUMNOCK

54

Page 7, line 42, at end insert “, Scottish Parliament, National Assembly of Wales and Northern Ireland Assembly”

LORD OWEN

LORD ALTON OF LIVERPOOL

THE LORD BISHOP OF BLACKBURN

LORD SKIDELSKY

The above-named Lords give notice of their intention to oppose the Question that Clause 9 stand part of the Bill.

Clause 10

LORD FALCONER OF THOROTON

LORD BACH

54A

Page 8, leave out lines 14 and 15 insert—

“(a) initially by a date to be specified by the Boundary Commission, once the Electoral Commission has certified that every local authority has taken all reasonable steps to ensure that the electoral register is as complete and accurate as possible; and

(b) no later than every six years after that.””

LORD LIPSEY

55

Page 8, line 14, leave out “2013” and insert “2015”

BARONESS MCDONAGH

LORD SNAPE

LORD KENNEDY OF SOUTHWARK

56

Page 8, line 14, leave out “2013” and insert “2016”

LORD LIPSEY

57

Page 8, line 15, leave out “fifth” and insert “seventh”

LORD MARTIN OF SPRINGBURN

LORD KENNEDY OF SOUTHWARK

58

Page 8, line 15, leave out “fifth” and insert “eighth”

LORD FALCONER OF THOROTON

LORD BACH

BARONESS MCDONAGH

LORD KENNEDY OF SOUTHWARK

The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill.

Clause 11

LORD FALCONER OF THOROTON

LORD BACH

58A

Page 9, leave out lines 17 and 18 and insert—

“United Kingdom electoral quota

1 The United Kingdom electoral quota shall be defined as the total electorate of the United Kingdom on the designated enumeration day divided by 650.”

LORD SOLEY

59

Page 9, leave out line 18 and insert—

“The number of constituencies in the United Kingdom shall be decided by an independent commission established by the government, but shall not exceed 650 or be less than 500.”

LORD LIPSEY

60

Page 9, line 18, leave out “600” and insert “be considered by a Speaker’s Conference.

( ) The Secretary of State shall lay before Parliament an order to give effect to the recommendations of that Conference.”

BARONESS MCDONAGH

61

Page 9, line 18, leave out “600” and insert “630”

LORD SNAPE

62

Page 9, line 18, leave out “600” and insert “640”

LORD KENNEDY OF SOUTHWARK

63

Page 9, line 18, leave out “600” and insert “650”

LORD FALCONER OF THOROTON

LORD BACH

63A

Page 9, leave out lines 20 to 27 and insert—

“2 (1) No constituency shall have an electorate more than 5% above or below the electoral quota for that part of the United Kingdom unless the Boundary Commission concerned believes there to be overriding reasons under the terms of these rules why it should.

(2) No constituency shall have an electorate more than 10% above or below the electoral quota for that part of the United Kingdom.”

LORD LIPSEY

64

Page 9, line 21, leave out “95%” and insert “90%”

65

Page 9, line 22, leave out “105%” and insert “110%”

LORD CRICKHOWELL

65A

Page 9, line 22, at end insert—

“except in Wales where it shall be—

( ) no less than 90% of the United Kingdom electoral quota, and

( ) no more than 110% of that quota”

LORD FOWLER

66

Page 9, line 23, after “6(2)” insert “, 6A(2)”

LORD LIPSEY

67

Page 9, line 27, at end insert—

“Welsh constituencies

The number of constituencies in Wales shall not be less than 35.”

LORD SNAPE

LORD KENNEDY OF SOUTHWARK

BARONESS MCDONAGH

68

Page 9, line 30, at end insert—

“( ) Each constituency shall be wholly within a single county boundary.”

69

Page 9, line 30, at end insert—

“( ) Each constituency shall only contain whole local government wards.”

70

Page 9, line 30, at end insert—

“( ) In London and Metropolitan council areas, each constituency shall not cross more than two local authorities.”

71

Page 9, line 30, at end insert—

“( ) Outside London and Metropolitan council areas, each constituency shall not be made up of more than three district council areas.”

LORD FALCONER OF THOROTON

LORD BACH

71A

Page 9, leave out lines 31 to 33 and insert—

“(2) In England—

(a) each constituency shall be wholly in one of the electoral regions specified in Schedule 1 to the European Parliamentary Elections Act 2002;

(b) no district or borough ward shall be included in more than one constituency;

(c) the Boundary Commission should, where practicable, have regard to the boundaries of counties and London boroughs and in any case no constituency shall include the whole or part of more than two counties or London boroughs.

(3) In Northern Irerland, no local authority ward shall be incuded in more than one constituency.

(4) In Wales—

(a) no unitary authority ward shall be included in more than one constituency;

(b) the Boundary Commission should, where practicable, have regard to the boundaries of unitary authorities, and in any case no constituency shall include the whole or part of more than two unitary authorities.

(5) In Scotland, regard shall be had to local authority ward boundaries.”

71B

Page 9, line 34, leave out from beginning to end of line 5 on page 10

LORD LIPSEY

72

Page 9, line 35, leave out “13,000 square kilometres” and insert “that of the present parliamentary constituency of Brecon and Radnor”

BARONESS MCDONAGH

73

Page 10, line 7, leave out from “Commission” to end of line 8 and insert “should take into account”

LORD SNAPE

74

Page 10, line 7, leave out from “Commission” to end of line 8 and insert “must take into account”

LORD LIPSEY

75

Page 10, line 15, at end insert—

“( ) Should the Boundary Commission conclude in the case of any individual constituency or constituencies that these considerations are of exceptional importance, and that they cannot be appropriately accommodated with the provisions of rules 1 to 4, it shall have the power to give priority to those considerations over the provisions in rules 1 to 4.”

LORD FALCONER OF THOROTON

LORD BACH

75A

Page 10, leave out lines 16 to 22

BARONESS MCDONAGH

76

Page 10, line 16, leave out from “England” to “boundaries” in line 17 and insert “should take into account”

LORD SNAPE

77

Page 10, line 16, leave out from “England” to “boundaries” in line 17 and insert “must take into account”

BARONESS MCDONAGH

LORD KENNEDY OF SOUTHWARK

78

Page 10, leave out line 22

LORD TEVERSON

79

Page 10, leave out lines 23 to 30 and insert—

“Whole numbers of constituencies

(1) The following shall be allocated a whole number of constituencies by whichever Boundary Commission is responsible for them—

(a) Orkney Islands and Shetland Islands council areas;

(b) Comhairle nan Eilean Siar council area;

(c) the Cyngor Sir Ynys Môn Isle of Anglesey county area;

(d) the Isle of Wight county area;

(e) the County of Cornwall and Isles of Scilly council areas;

(f) the Highland council area;

(g) the Argyll and Bute council area.

(2) The number of constituencies to be allocated to each area shall be determined by dividing the electorate of the area or areas concerned by the United Kingdom Electoral Average and rounding to the nearest whole number, unless this would mean that rule 4(1) could not be satisfied, in which case the area concerned will be allocated the smallest number of constituencies required in order to satisfy that rule and each area must be allocated at least one whole constituency.

(3) In this rule “United Kingdom Electoral Average” means (where E is the electorate of the United Kingdom)—

E 600”

LORD FALCONER OF THOROTON

LORD BACH

79A

Page 10, leave out lines 23 to 30 and insert—

“Whole numbers of constituencies

(1) The following shall be allocated whole numbers of constituencies by whichever Boundary Commission is responsible for them—

(a) Orkney Islands and Shetland Islands council areas;

(b) Comhairle nan Eilean Siar council area;

(c) Argyll and Bute council area.

(d) The Isle of Anglesey county area;

(e) The Isle of Wight county area;

(f) The County of Cornwall and Isles of Scilly council areas;

(2) The number of seats to be allocated to each area shall be determined by dividing the electorate of the area or areas concerned by the United Kingdom electoral quota and rounding to the nearest whole number, and each area must be allocated at least one whole seat.”

LORD FOULKES OF CUMNOCK

80

Page 10, line 29, at end insert—

“( ) 5 constituencies in the City of Edinburgh council area”

LORD MARTIN OF SPRINGBURN

81

Page 10, line 29, at end insert—

“( ) a constituency named Argyll & Bute”

82

Page 10, line 29, at end insert—

“( ) a constituency named the Isle of Wight”

LORD MCAVOY

83

Page 10, line 29, at end insert—

“( ) 3 constituencies in the South Lanarkshire council area”

84

Page 10, line 29, at end insert—

“( ) a constituency named Rutherglen and Hamilton West”

LORD LIPSEY

BARONESS MCDONAGH

LORD KENNEDY OF SOUTHWARK

85

Page 10, line 29, at end insert—

“( ) a constituency named the Isle of Wight;

( ) a constituency named Anglesey (Ynys MÔn)”

LORD KENNEDY OF SOUTHWARK

86

Page 10, line 29, at end insert—

“( ) Parliamentary constituencies shall not cross the county border of Cornwall.”

LORD BERKELEY

87

Page 10, line 29, at end insert—

“( ) No constituency shall include parts of both the counties of Devon and Cornwall.”

LORD MYNERS

88

Page 10, line 29, at end insert—

“( ) There shall remain the current number of constituencies in Cornwall, and these constituencies shall be entirely within the county of Cornwall.”

LORD FOWLER

LORD OAKESHOTT OF SEAGROVE BAY

89

Page 10, line 30, at end insert—

“Isle of Wight

6A (1) All parts of the Isle of Wight must be included in a constituency which is wholly in the Isle of Wight.

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

LORD FALCONER OF THOROTON

LORD BACH

89A

Page 11, leave out lines 12 to 26 and insert—

“Allocation of constituencies

(1) The adjusted UK electoral quota shall then be calculated as follows—

The total electorate of the United Kingdom less the areas listed in rule 4(1) divided by 650 minus the total number of seats allocated to the areas listed in rule 4(1).

(2) Each country shall then be allocated a whole number of seats as follows.

(3) The first seat shall be allocated to the part of the United Kingdom with the largest electorate.

(4) The second and subsequent constituencies shall be allocated in the same way, except that the electorate of a part of the United Kingdom to which one or more constituencies have already been allocated is to be divided by—

2C+1

where C is the number of constituencies already allocated to that part.”

(5) An electoral quota shall then be calculated for each of the four countries by dividing the electorate of each country by the number of seats allocated as described in rules 5(3) and 5(4).

(6) The total number of seats to be allocated to any country shall not be more than 10% above or below the current number of constituencies, and if the number of seats allocated by the process described in rules 5(3) and 5(4) exceeds that limit, then additional or fewer seats shall be allocated as appropriate sufficient to bring the allocation within 10% of the current number of seats in the country concerned.

(7) This adjusted number of seats shall be the allocation for that country for the purposes of rule 5(5).”

LORD KENNEDY OF SOUTHWARK

LORD SNAPE

BARONESS MCDONAGH

90

Page 11, line 31, leave out from “the” to first “in” in line 32 and insert “census”

LORD FALCONER OF THOROTON

LORD BACH

BARONESS MCDONAGH

LORD KENNEDY OF SOUTHWARK

The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.

After Clause 11

LORD FALCONER OF THOROTON

LORD BACH

91

Insert the following new Clause—

“Variation in limit of number of holders of ministerial offices

(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)”.”

LORD NORTON OF LOUTH

[As an amendment to Amendment 91]

91A*

Line 12, leave out from “650,” to end of line 14 and insert “the number of holders of Ministerial Offices entitled to sit and vote in the House of Commons referred to in section 2(1) must not exceed 80”

Clause 12

LORD SNAPE

LORD KENNEDY OF SOUTHWARK

BARONESS MCDONAGH

92

Page 13, leave out lines 17 and 18

LORD FALCONER OF THOROTON

LORD BACH

93

Page 13, leave out lines 17 to 23 and insert—

“(2) 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 receive any representation objecting to the proposed recommendation from an interested authority or from a body of electors numbering one hundred or more.

(3) Where a local inquiry had been held under subsection (2), a Boundary Commission may, after considering the matters discussed at a local inquiry, the nature of the representations received under subsection (1) and any other relevant circumstances, decide that a further local inquiry is not justified.

(4) In subsection (2) 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.””

LORD KENNEDY OF SOUTHWARK

94

Page 13, leave out lines 17 to 23 and insert—

“(2) 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 receive any representation objecting to the proposed recommendation from an interested authority or from a body of electors numbering one thousand or more.

(3) In subsection (2) above, “elector” means a parliamentary elector for any constituencies affected by the recommendation.””

BARONESS MCDONAGH

95

Page 13, leave out lines 17 to 23 and insert—

“(2) 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 receive any representation objecting to the proposed recommendation from an interested authority or from a body of electors numbering five thousand or more.

(3) In subsection (2) above, “elector” means a parliamentary elector for any constituencies affected by the recommendation.””

LORD SNAPE

96

Page 13, leave out lines 17 to 23 and insert—

“(2) 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 receive any representation objecting to the proposed recommendation from a body of electors numbering five hundred or more.

(3) In subsection (2) above, “elector” means a parliamentary elector for any constituencies affected by the recommendation.””

BARONESS MCDONAGH

LORD KENNEDY OF SOUTHWARK

97

Page 13, leave out lines 17 to 23 and insert—

“(2) 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 receive any representation objecting to the proposed recommendation from a local authority whose area is wholly or partly comprised in the constituencies affected by the recommendation.””

LORD SNAPE

98

Page 13, leave out lines 17 to 23 and insert—

“(2) 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 receive any representation objecting to the proposed recommendation from two or more local authorities whose areas are wholly or partly comprised in the constituencies affected by the recommendation.””

LORD LIPSEY

99

Page 13, line 17, leave out “may not” and insert “in the case of 100 local objections being received shall”

LORD ALTON OF LIVERPOOL

LORD FALCONER OF THOROTON

LORD BACH

LORD KENNEDY OF SOUTHWARK

The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.

After Clause 12

LORD LIPSEY

100

Insert the following new Clause—

“Assistant Commissioners’ report

(1) The Commission shall appoint Assistant Commissioners to report on and make recommendations emerging from the written representations submitted for each separate area that provisional recommendations have been published for.

(2) The report of each Assistant Commissioner shall be published by the Commission along with copies of all the representations received, before the Commission either publishes its revised recommendation for the area or confirms its provisional recommendations.”

Clause 13

LORD FALCONER OF THOROTON

LORD BACH

BARONESS MCDONAGH

LORD KENNEDY OF SOUTHWARK

The above-named Lords give notice of their intention to oppose the Question that Clause 13 stand part of the Bill.

After Clause 14

BARONESS MCDONAGH

LORD SNAPE

101

Insert the following new Clause—

“Super-affirmative resolution procedure

(1) Any order laid under this Act must first be laid in draft and is subject to a super-affirmative procedure as follows.

(2) The Minister must have regard to—

(a) any representations,

(b) any resolution of either House of Parliament, and

(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft order,

made during the 60-day period with regard to the draft order.

(3) If, after the expiry of the 60-day period, the Minister wishes to make an order in the terms of the draft, he must lay before Parliament a statement—

(a) stating whether any representations were made under subsection (2)(a); and

(b) if any representations were so made, giving details of them.

(4) The Minister may after the laying of such a statement make an order in the terms of the draft if it is approved by a resolution of each House of Parliament.

(5) However, a committee of either House charged with reporting on the draft order may, at any time after the laying of a statement under subsection (3) and before the draft order is approved by that House under subsection (4), recommend under this subsection that no further proceedings be taken in relation to the draft order.

(6) Where a recommendation is made by a committee of either House under subsection (5) in relation to a draft order, no proceedings may be taken in relation to the draft order in that House under subsection (4) unless the recommendation is, in the same Session, rejected by resolution of that House.

(7) If, after the expiry of the 60-day period, the Minister wishes to make an order consisting of a version of the draft order with material changes, he must lay before Parliament—

(a) a revised draft order; and

(b) a statement giving details of—

(i) any representations made under subsection (2)(a); and

(ii) the revisions proposed.

(8) The Minister may after laying a revised draft order and statement under subsection (7) make an order in the terms of the revised draft if it is approved by a resolution of each House of Parliament.

(9) However, a committee of either House charged with reporting on the revised draft order may, at any time after the revised draft order is laid under subsection (7) and before it is approved by that House under subsection (8), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.

(10) Where a recommendation is made by a committee of either House under subsection (9) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in that House under subsection (8) unless the recommendation is, in the same Session, rejected by resolution of that House.

(11) For the purposes of subsections (4) and (8), an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.

(12) In this section the “60-day period” means the period of 60 days beginning with the day on which the draft order was laid before Parliament.”

Clause 18

LORD FALCONER OF THOROTON

LORD BACH

102

Page 15, line 12, at end insert—

“( ) Part 1 of this Act shall not come into force until the Electoral Commission has certified that every local authority has taken all reasonable steps to ensure that the electoral register is as complete and accurate as possible.”

Schedule 1

LORD LOW OF DALSTON

103

Page 18, line 20, leave out “may” and insert “must”

104

Page 18, line 24, at end insert “including ensuring that adequate provision is made for disabled voters”

105

Page 18, line 27, leave out “may” and insert “must”

106

Page 18, line 31, at end insert “including ensuring that adequate provision is made for disabled voters”

107

Page 18, line 33 at end insert—

“( ) directions about the discharge of their functions in relation to voters with disabilities;

( ) directions requiring them to address any complaints from voters arising from the administration of the referendum”

LORD MCNALLY

107A

Page 19, line 19, leave out “appointed under section 8 of the 1983 Act”

LORD ROOKER

108

Page 20, line 1, leave out “may take whatever steps they think appropriate to” and insert “must”

LORD LOW OF DALSTON

109

Page 20, line 1, leave out “may” and insert “must”

110

Page 20, line 3, at end insert—

“( ) The Electoral Commission must take steps to ensure that disabled voters are able to access information and support to facilitate understanding and participation in voting and elections.

( ) The Electoral Commission must issue guidance in relation to ensuring voters with disabilities have equality of access to the places and process of voting.”

LORD MCNALLY

110A

Page 20, line 13, leave out “appointed under section 8 of the 1983 Act”

111

Page 26, line 1, leave out paragraph 23

LORD FOULKES OF CUMNOCK

112

Page 26, line 18, at end insert—

“( ) with the addition at the end of paragraph (b) of—

“(c) the petitioner’s interest alone shall be sufficient to enable a petition to be lodged”.”

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 1 be the First Schedule to the Bill.

Schedule 2

LORD ROOKER

113

Page 29, line 14, leave out “10” and insert “11”

LORD LOW OF DALSTON

114

Page 29, line 37, at end insert—

“( ) the accessibility of polling stations for disabled voters”

LORD ROOKER

115

Page 32, line 24, at end insert “but no polling station shall be allocated more than 1050 electors”

LORD LOW OF DALSTON

116

Page 32, line 31, at end insert—

“( ) Where a polling place may be considered inaccessible to disabled voters, following the review undertaken under section 16 of the Electoral Administration Act 2006, the counting officer must provide an alternative polling place that is accessible to disabled voters.

( ) If no public rooms as specified under paragraph 9(1) are considered accessible to disabled voters, the counting officer must hire for this purpose a privately owned room that is considered accessible to disabled voters.”

117

Page 33, line 6, at end insert—

“( ) The counting officer must notify the electorate of any polling stations that may not be accessible to disabled voters and provide details of alternative voting options.”

118

Page 34, line 15, leave out “may” and insert “must”

119

Page 34, line 17, at end insert “including information regarding the accessibility for disabled voters of the allocated polling place”

LORD ROOKER

120

Page 35, line 4, at end insert “but the number of ballot papers provided shall not be less than the number of electors on the register”

121

Page 35, leave out lines 46 and 47 and insert—

““Vote in ONE box only. Do not mark the ballot paper in any other way or your vote may not be counted”.”

122

Page 38, line 37, leave out “anyone present” and insert “the first elector”

LORD MCNALLY

122A

Page 57, leave out line 28

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 2 be the Second Schedule to the Bill.

Schedule 3

LORD MCNALLY

122B

Page 76, leave out line 12

122C

Page 85, leave out line 38

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 3 be the Third Schedule to the Bill.

Schedule 4

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 4 be the Fourth Schedule to the Bill.

Schedule 5

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 5 be the Fifth Schedule to the Bill.

Schedule 6

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 6 be the Sixth Schedule to the Bill.

Schedule 7

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 7 be the Seventh Schedule to the Bill.

Schedule 8

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 8 be the Eighth Schedule to the Bill.

Schedule 10

LORD ROOKER

123

Page 295, leave out lines 6 to 45 and insert—

““Equality of votes

If there is equality of votes at any stage of the counting process, the count shall be abandoned and the poll re-run within one month between the two candidates with most first preferences.””

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 10 be the Tenth Schedule to the Bill.

LORD ROOKER

124

Page 297, line 35, at end insert—

“Remember, candidates’ names are listed in reverse alphabetical order.”

Schedule 11

LORD CAMPBELL-SAVOURS

125

Page 300, line 31, leave out from beginning to end of line 13 on page 301