Session 2010-11
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Fixed-term Parliaments Bill [HL]


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 10th March 2011, as follows—

Clauses 1 to 4 The
Schedule
Clause 5

Clause 1

LORD FALCONER OF THOROTON

LORD BACH

LORD LLOYD OF BERWICK

11

Page 1, line 7, leave out “fifth” and insert “fourth”

LORD RENNARD

LORD TYLER

LORD MARKS OF HENLEY-ON-THAMES

12

Page 1, line 7, leave out “the polling day” and insert “polling had been conducted”

13

Page 1, line 8, leave out “fell”

LORD HOWARTH OF NEWPORT

14

Page 1, line 8, at end insert “except if an early parliamentary general election has occurred under section 2”

BARONESS HAYTER OF KENTISH TOWN

14A*

Page 1, line 8, at end insert “unless this date coincides with an election to a reformed House of Lords”

LORD GROCOTT

15

Page 1, line 8, at end insert—

“( ) Each five-year parliament shall include a minimum of five parliamentary sessions.”

LORD RENNARD

LORD TYLER

LORD MARKS OF HENLEY-ON-THAMES

16

Page 1, line 8, at end insert—

“( ) The Prime Minister must by order made by statutory instrument specify the day, or days, on which polling is to be conducted under subsection (2) by 1 October 2013.

( ) The Prime Minister must by order made by statutory instrument specify the day, or days, on which polling is to be conducted under subsection (3) by a date no later than 19 months before the first Thursday in May in the fifth calendar year following that in which polling had been conducted for the previous parliamentary general election.”

LORD FALCONER OF THOROTON

LORD BACH

LORD LLOYD OF BERWICK

17

Page 1, line 13, leave out ““fifth” there were substituted “fourth”” and insert ““fourth” there were substituted “third””

LORD HOWARTH OF NEWPORT

18

Page 1, line 14, leave out subsection (5)

LORD KENNEDY OF SOUTHWARK

19

Page 1, line 14, leave out subsections (5) and (6)

LORD ROOKER

20

Page 1, line 14, after “Minister” insert “and only the Prime Minister”

21

Page 1, line 14, after “instrument” insert “(which is to set out specific reasons for the order)”

LORD ROOKER

LORD NORTON OF LOUTH

LORD HOWARTH OF NEWPORT

22

Page 1, line 16, leave out “earlier or”

23

Page 1, line 17, leave out “earlier or”

LORD NORTON OF LOUTH

24

Page 1, line 17, at end insert—

“( ) The Prime Minister shall only lay an order under subsection (5) when he or she is satisfied that there is a situation that renders holding an election under subsection (2) or (3) impractical or injurious to the economic, social or public health of the nation or a part thereof.”

LORD RENNARD

LORD TYLER

LORD MARKS OF HENLEY-ON-THAMES

25

Page 1, line 20, at end insert “, and the Speaker of the House of Commons has issued a certificate—

(a) certifying that the House of Commons has passed a resolution approving the statutory instrument,

(b) certifying whether or not the motion was passed on a division, and

(c) if it is certified that the motion was passed on a division, certifying that the number of members who voted in favour of the motion was a number equal to or greater than two-thirds of the number of seats in the House (including vacant seats)”

LORD WALLACE OF TANKERNESS

26

Page 1, line 20, at end insert—

“( ) The draft laid before Parliament must be accompanied by a statement setting out the Prime Minister’s reasons for proposing the change in the polling day.”

Clause 2

LORD NORTON OF LOUTH

LORD HOWARTH OF NEWPORT

27

Page 1, line 22, leave out subsection (1)

LORD HOWARTH OF NEWPORT

28

Page 2, line 3, leave out from “division” to end of line 7

29

Page 2, line 6, leave out “two thirds” and insert “three quarters”

LORD RENNARD

LORD TYLER

LORD MARKS OF HENLEY-ON-THAMES

30

Page 2, line 10, leave out “of” and insert “tabled by the Leader of the Opposition in the House of Commons declaring that the House of Commons has”

31

Page 2, line 11, leave out “(as then constituted)”

LORD HOWARTH OF NEWPORT

32

Page 2, line 11, at end insert—

“( ) the Speaker of the House of Commons had in advance of the motion in question being debated certified that the motion was to be regarded as a motion of no confidence, and”

33

Page 2, line 11, at end insert—

“( ) the motion of no confidence in question was tabled by the Leader of Her Majesty’s Opposition, and”

LORD HOWARTH OF NEWPORT

LORD FALCONER OF THOROTON

LORD BACH

34

Page 2, line 12, leave out paragraph (b)

LORD NORTON OF LOUTH

35

Page 2, line 12, leave out paragraph (b) and insert—

“( ) the Prime Minister has decided to request a dissolution in place of offering his or her resignation.”

LORD KENNEDY OF SOUTHWARK

36

Page 2, line 12, leave out “14” and insert “7”

BARONESS HAYTER OF KENTISH TOWN

37

Page 2, line 12, leave out “14” and insert “5”

LORD NORTON OF LOUTH

38

Page 2, line 14, at end insert—

“( ) An early parliamentary general election is also to take place if the Speaker of the House of Commons issues a certificate certifying that—

(a) on a specified day, the Speaker has been notified that the Prime Minister has tendered to Her Majesty his or her resignation, and

(b) a period of 28 days has passed after the specified day has ended without the House passing any motion expressing confidence in any Government of Her Majesty.”

LORD HOWARTH OF NEWPORT

39

Page 2, line 14, at end insert—

“( ) An early parliamentary general election is also to take place if—

(a) the Prime Minister resigns, and

(b) the period of 14 days after the day of the Prime Minister’s resignation has ended without the House passing any motion expressing confidence in any Government of Her Majesty.”

LORD FALCONER OF THOROTON

LORD BACH

40

Page 2, line 14, at end insert—

“( ) For the purposes of subsection (2), a vote of no confidence shall not be a valid mechanism to precipitate an early general election if the Speaker of the House of Commons has reason to believe it is called with the support or collusion of the Government and issues a certificate to that effect.”

41

Page 2, line 14, at end insert—

“( ) An early general election will only be called at the end of a 14 day period following a vote of no confidence if no Government has been formed since the last general election.”

LORD HOWARTH OF NEWPORT

42

Page 2, line 15, at end insert “and ought not be impeached or questioned in any court”

LORD NORTON OF LOUTH

LORD HOWARTH OF NEWPORT

43

Page 2, line 16, leave out subsection (4)

LORD KENNEDY OF SOUTHWARK

44

Page 2, line 17, at end insert “and where that has not been possible, must publish what attempts were made to consult them.”

LORD RENNARD

LORD TYLER

LORD MARKS OF HENLEY-ON-THAMES

45

Page 2, line 21, leave out from “(2),” to second “day” and insert “polling for the election is to be conducted on a day, or two consecutive days, no earlier than four weeks and no later than eight weeks after the date of the certificate issued under subsection (1) or (2), and on a”

46

Page 2, line 23, after first “day” insert “, or days,”

47

Page 2, line 23, after second “day” insert “, or days,”

48

Page 2, line 24, after “day” insert “, or days,”

LORD HOWARTH OF NEWPORT

49

Page 2, line 24, at end insert—

“( ) If an early parliamentary general election occurs under any of the provisions of this Act an order approving the next review of parliamentary constituencies shall not be submitted to Parliament until after the fourth anniversary of the start of the new Parliament.”

LORD CORMACK

LORD ARMSTRONG OF ILMINSTER

LORD HOWE OF ABERAVON

LORD NORTON OF LOUTH

50

Leave out Clause 2 and insert the following new Clause—

“Early parliamentary general elections

(1) An early parliamentary general election is to take place if the House of Commons passes a motion of no confidence in Her Majesty’s Government.

(2) A vote of no confidence will have been deemed to have been passed if the House of Commons—

(a) passes an amendment to the motion thanking Her Majesty for the Gracious Speech which would have the effect of negating it;

(b) denies a second or third reading to a Finance Bill or any Bill defined by the Prime Minister of the day as being essential to his or her administration continuing in office;

(c) passes a motion of no confidence tabled by the leader of Her Majesty’s Opposition; or

(d) defeats a motion of confidence tabled by the Prime Minister.

(3) If the provisions of subsection (2) are met, the Speaker of the House of Commons will issue a certificate to certify this.

(4) A certificate under this section is conclusive for all purposes.”

LORD HOWARTH OF NEWPORT

[As an amendment to Amendment 50]

51

Line 15, leave out subsections (3) and (4)

LORD HOWARTH OF NEWPORT

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

After Clause 2

LORD FALCONER OF THOROTON

LORD BACH

52

Insert the following new Clause—

“Parliamentary general elections coinciding with scheduled elections to a devolved institution

(1) A parliamentary general election shall not be held within 30 days of a general election to the Scottish Parliament, National Assembly for Wales or Northern Ireland Assembly (“the relevant devolved institutions”).

(2) Should an early general election be called under section 2 of this Act such that it would occur within 30 days of scheduled general elections to the relevant devolved institutions, the Prime Minister shall, after consultation with all of the relevant devolved institutions, lay orders before Parliament to move the date of either the parliamentary general election or any of the general elections to any of the relevant devolved institutions so as to ensure compliance with subsection (1) of this section.

(3) Any order laid by the Prime Minister under this section shall not move any of the general elections either to Parliament, or to the relevant devolved institutions, by more than 35 days from the date on which they would otherwise have taken place.”

Clause 3

LORD KENNEDY OF SOUTHWARK

53

Page 2, line 26, leave out “17th” and insert “21st”

54

[Withdrawn]

LORD HOWARTH OF NEWPORT

55

Page 2, line 28, at end insert—

“( ) Parliament may otherwise be dissolved if—

(a) Her Majesty appoints another Prime Minister;

(b) a Government of a different coalition is formed;

(c) the Prime Minister considers it appropriate to seek the endorsement of electors following a change in government policy;

(d) the Prime Minister considers a Parliament not to be viable;

(e) the number of MPs in receipt of the governing party’s or governing coalition’s whip falls below a majority of 10 over the combined members of the other parties in the House of Commons.”

LORD HOWARTH OF NEWPORT

[In substitution for Amendment 54]

55A

Page 2, line 29, at end insert “unless the House of Commons has approved on a division a motion tabled by the Prime Minister that the Prime Minister should request Her Majesty to dissolve Parliament.”

After Clause 3

LORD WALLACE OF TANKERNESS

55B

Insert the following new Clause—

“General election for Scottish Parliament not to fall on same date as parliamentary general election under section 1(2)

(1) This section applies in relation to the ordinary general election for membership of the Scottish Parliament the poll for which would, apart from this section and disregarding sections 2(5) and 3(3) of the Scotland Act 1998, be held on 7 May 2015 (that is, the date specified in section 1(2) of this Act).

(2) Section 2(2) of the 1998 Act has effect as if, instead of providing for the poll for that election to be held on that date, it provided (subject to sections 2(5) and 3(3) of that Act) for the poll to be held on 5 May 2016 (and section 2(2) has effect in relation to subsequent ordinary general elections accordingly).”

55C

Insert the following new Clause—

“General election for National Assembly for Wales not to fall on same date as parliamentary general election under section 1(2)

(1) This section applies in relation to the ordinary general election for membership of the National Assembly for Wales the poll for which would, apart from this section and disregarding sections 4 and 5(5) of the Government of Wales Act 2006, be held on 7 May 2015 (that is, the date specified in section 1(2) of this Act).

(2) Section 3(1) of the 2006 Act has effect as if, instead of providing for the poll for that election to be held on that date, it provided (subject to sections 4 and 5(5) of that Act) for the poll to be held on 5 May 2016 (and section 3(1) has effect in relation to subsequent ordinary general elections accordingly).”

BARONESS HAYTER OF KENTISH TOWN

55D*

Insert the following new Clause—

“General election for a reformed House of Lords

Any general election for a reformed House of Lords shall not fall on same date as a parliamentary general election under section 1(2) nor on any subsequent parliamentary general election.”

Clause 4

LORD HOWARTH OF NEWPORT

56

Page 3, line 12, at end insert “except that Parliament may not be prorogued for more than 14 days”

Clause 5

LORD HOWARTH OF NEWPORT

57

Page 3, line 20, leave out subsection (2) and insert—

“( ) This Act may only be brought into force by an order laid before both Houses of Parliament and subject to the affirmative procedure following a referendum in which a majority of those entitled to vote in a general election vote Yes in response to the question—

“Do you favour the introduction of fixed-term Parliaments (as provided for in the Fixed-term Parliaments Act 2011)?””

58

Page 3, line 20, leave out subsection (2) and insert—

“( ) This Act may be amended by affirmative order laid before both Houses of Parliament following a referendum in which all of those entitled to vote at a general election have had the opportunity to answer the question—

“If the term of Parliaments is to be fixed do you favour a term of four years or five years?””

LORD GROCOTT

59*

Page 3, line 20, leave out “on the day it is passed” and insert “following the passing of an Act determining the polling dates for an elected House of Lords”