613 Monday 27 October 2014 COMMITTEE

613

House of Commons Monday 27 October 2014 COMMITTEE OF THE WHOLE HOUSE

New Amendments handed in are marked thus  Amendments which will comply with the required notice period at their next appearance

RECALL OF MPs BILL

Zac Goldsmith Mr David Davis Anne Marie Morris Mr Andrew Mitchell Kate Hoey Douglas Carswell

Recall of MPs Bill, continued constituency entitled to vote), in accordance with section (Notice of intent to recall) of this Act, has been deposited with a petition officer, and (b) 20% of persons entitled to vote have then validly signed a recall petition in accordance with section (Notice of intent to recall) of this Act. (3) In this Act “recall petition” means a petition calling, in terms determined under section 9(4), for a member to be subject to a recall referendum. (4) The member’s seat becomes vacant and a by-election held where, in accordance with section 15 of this Act, the majority of people who have voted in a recall referendum, vote in favour of the member being recalled from Parliament. (5) The provision made by or under this Act does not affect other ways in which a Member’s seat may be vacated.”. Member’s explanatory statement This amendment changes the Bill to remove the proposed conditions of recall on the grounds of imprisonment or suspension by the House to the decision making of constituency voters. It sets out the essential three stages - notice of intent to recall (5% of voters), recall petition (20% of voters) and then a referendum. Only if all three stages are passed is there a by-election.

Mr David Heath Dr Julian Huppert John Hemming Mike Freer Mr Clive Betts Mr Ben Bradshaw

Henry Smith 42  Clause 1,page1, line 4, leave out “or second” and insert “, second, or third” Member’s explanatory statement Amendments 42 and 43 and NC6 and NC7 form part of a group of amendments and new clauses which provides a route for recall for members of the public independent of any parliamentary committee, or criminal convictions. It allows for an alternative and additional trigger for the recall process which provides direct access whereby one hundred constituents may petition an Electoral Court in the case of improper behaviour or gross dereliction of duty on the part of an MP, and seeks to avoid any conflict with the provisions of the Bill of Rights.

Stephen Twigg Thomas Docherty 48  Clause 1,page1, line 4, after “second”, insert “or third.”

Sir Edward Leigh 41 Clause 1,page1, line 10, at end insert— “(2A) No action shall be initiated against an MP in relation to a recall petition process on the basis, or as a result of votes cast, speeches made or any text submitted for tabling by such an MP, within, or as a part of, a parliamentary proceeding.”

Stephen Twigg Thomas Docherty 47  Clause 1,page1, line 16, at end insert “or, Committee of the whole House: 27 October 2014 615

Recall of MPs Bill, continued (c) the MP has been convicted of any offence under section 10 (Offence of providing false or misleading information for allowance claims) of the Parliamentary Standards Act 2009.” Member’s explanatory statement This amendment adds a further recall petition trigger to the Bill, where an MP is found guilty of an offence under section 10 of the Parliamentary Standards Act 2009 for making a claim for expenses or allowances that they know to be false or misleading in some material respect.

Stephen Twigg Thomas Docherty 45  Clause 1,page1, line 18, leave out subsection (4) and insert— “(4) The second recall condition is that the House of Commons orders the suspension of the MP from the service of the House for a specified period and— (a) where the period is expressed as a number of sitting days, the period specified is a period of at least 10 sitting days, or (b) in any other case, the period specified (however expressed) is a period of at least 14 days.” Member’s explanatory statement This amendment reduces the length of suspension required to trigger a recall petition from 21 sitting days to 10 sitting days and from 28 days to 14 days.

Mr Andrew Robathan 39 Clause 1,page1, line 18, leave out “orders” and insert “has ordered.”

Mr David Heath Dr Julian Huppert John Hemming Mike Freer Mr Clive Betts Mr Ben Bradshaw

Henry Smith 43  Clause 1,page1, line 24, at end insert— “( ) The third recall condition is that— (a) an election court has considered a petition claiming that the MP has committed an act which, had it been committed in England and Wales, would have constituted misconduct in public office, and (b) the court has determined, prima facie, there is a case to be answered, and (c) the court has notified the Speaker of its decision under sub-section (b).” Member’s explanatory statement Amendments 42 and 43 and NC6 and NC7 form part of a group of amendments and new clauses which provides a route for recall for members of the public independent of any parliamentary committee, or criminal convictions. It allows for an alternative and additional trigger for the recall process which provides direct access whereby one hundred constituents may petition an Electoral Court in the case of improper behaviour or gross dereliction of duty on the part of an MP, and seeks to avoid any conflict with the provisions of the Bill of Rights.

Mr Andrew Robathan 40 Clause 1,page2, line 2, after “starts”, insert “or started” 616 Committee of the whole House: 27 October 2014

Recall of MPs Bill, continued Stephen Twigg Thomas Docherty 49  Clause 1,page2, line 5, at end insert— “(5A) The third recall condition is where an MP is also— (a) a Member of the Scottish Parliament, (b) a Member of the National Assembly for Wales, (c) a Member of the Northern Ireland Legislative Assembly, (d) a Member of the London Assembly, (e) a directly elected Mayor, (f) a local government Councillor, (g) a member of a Parish Council, or (h) a member of the European Parliament and the Speaker receives or otherwise takes notice of the fact that that such an MP has been suspended from a role mentioned in this subsection for a period equivalent to, or greater than, that specified in subsection (4). (5B) The Secretary of State may amend the list of bodies in subsection 5A by an order laid before the House of Commons and made under the affirmative resolution procedure.” Member’s explanatory statement This amendment adds a further recall petition trigger to the Bill, where an MP has been suspended from another elected role or office for an equivalent or greater number of days than is set out in Clause 1, subsection (4). (NB Amendment 45 seeks to reduce that period.)

Stephen Twigg Thomas Docherty 46  Clause 2,page2, line 16, leave out paragraph (b) Member’s explanatory statement This amendment removes the exemption from recall petition in the case of an MP who receives a custodial sentence but for a crime committed before this Act somes into force. Committee of the whole House: 27 October 2014 617

Recall of MPs Bill, continued Zac Goldsmith Mr David Davis Anne Marie Morris Mr Andrew Mitchell Kate Hoey Douglas Carswell

Mr David Heath Dr Julian Huppert John Hemming Mike Freer Mr Clive Betts Mr Ben Bradshaw

Henry Smith 44  Clause 5,page4, line 11, leave out “second” and insert “, second, or third” 620 Committee of the whole House: 27 October 2014

Recall of MPs Bill, continued Zac Goldsmith Mr David Davis Anne Marie Morris Mr Andrew Mitchell Kate Hoey Douglas Carswell

Recall of MPs Bill, continued NEW CLAUSES AND NEW SCHEDULES RELATING TO HOW AN MP BECOMES SUBJECT TO A RECALL PETITION PROCESS

Zac Goldsmith Mr David Davis Anne Marie Morris Mr Andrew Mitchell Kate Hoey Douglas Carswell

“Notice of intent to recall (1) A notice of intent to recall is to read as follows— “If you agree that [name], the member of the House of Commons for [constituency] should be subject to a recall petition, please sign below”. (2) A notice of intent may be deposited with the petition officer by a person who promotes the call for the member to be recalled from Parliament (“the promoter”). (3) A notice of intent to recall deposited under subsection (2) must be accompanied by a declaration made by the promoter, verifying that to the best of that person‘s knowledge the notice is in accordance with this Act and any regulations made under it. (4) A person who makes a declaration under subsection (3) where that person knows that the declaration is false or is reckless as to that fact, commits an offence. (5) As soon as reasonably practicable after a notice of intent to recall has been deposited with the petition officer— (a) the petition officer shall, in accordance with subsection (6) determine whether the notice of intent to recall is effective, and (b) if so, the petition officer shall send a copy of the notice to the member. (6) A notice of intent to recall is effective for the purposes of this Act if the petition officer is satisfied that the number of persons who have validly signed the notice 622 Committee of the whole House: 27 October 2014

Recall of MPs Bill, continued of intent to recall is not less than the effective number determined in accordance with subsection (9). (7) But subsection (5) shall not apply if it would require the petition officer to determine that the notice of intent to recall is effective at a time— (a) within the period of 7 months ending with the polling day for the next parliamentary general election; (b) when the MP is already subject to a recall petition process, or (c) When the MP’s seat has already been vacated (whether by the MP’s disqualification or death, or otherwise). (8) For the purposes of this section a person (“P”) validly signs a notice of intent to recall if— (a) P signs the notice within the period commencing 28 days prior to the date upon which the notice is deposited with the petition officer and ending on that day, and (b) P signs the notice on a day on which P would be entitled to vote as an elector at a parliamentary election in the constituency. (9) In each year, the petition officer of each constituency in England and Wales, Scotland and Northern Ireland shall on the relevant day, determine the number that is equal to 5% of the number of persons entitled to vote as an elector at a parliamentary election in the constituency (“the effective number”). (10) “The relevant day” for the purposes of subsection (9) means, the day on which the registration officer publishes a revised version of the electoral register under section 13 of the Representation of the People Act 1983.”. Member’s explanatory statement This New Clause adds in the process for notices of intent to recall; who is eligible to sign such a notice and how the petition officer is to determine whether it is effective, leading on then to a recall petition notice being issued.

Committee of the whole House: 27 October 2014 623

Recall of MPs Bill, continued Anne Marie-Morris Zac Goldsmith Mr David Davis Mr Andrew Mitchell Kate Hoey Douglas Carswell

Nick de Bois Mr Frank Field Katy Clark Jim Fitzpatrick Jonathan Edwards Caroline Lucas Mark Durkan Adam Afriyie Mr David Anderson Steve Baker Guto Bebb Richard Benyon Mr Peter Bone Sir Peter Bottomley Angie Bray Andrew Bridgen Mr David Burrowes Alistair Burt Dan Byles Neil Carmichael Martin Caton Glyn Davies Nadine Dorries Natascha Engel Mr Nigel Evans Mark Field Paul Flynn Richard Fuller Mr George Galloway Mrs Mary Glindon Mr Mike Hancock Simon Hart Chris Heaton-Harris Mr Phillip Hollobone Mr Adam Holloway Mr Bernard Jenkin Mr David Jones Chris Kelly Mr David Lammy Jeremy Lefroy Charlotte Leslie Fiona Mactaggart Mrs Anne Main John Mann Jason McCartney John McDonnell Mr Michael Meacher Nigel Mills Mr David Nuttall Albert Owen Mr Dominic Raab Ms Margaret Ritchie Henry Smith Andrew Stephenson Mr Graham Stuart Martin Vickers Mike Weatherley Mr Mike Weir Chris White Craig Whittaker Bill Wiggin Roger Williams Dr Sarah Wollaston Jacob Rees-Mogg Margaret Hodge NC2 To move the following Clause—

“Promoter’s statement of reason and Member’s statement in reply (1) A notice of intent to recall may be deposited with a petition officer by a person (“the promoter”): (a) who promotes the recall from Parliament of the member to whom the 5 notice relates; (b) who is entitled to vote on the day it is deposited as an elector at a parliamentary election in the constituency to which the notice relates; and (c) whose name appears on the notice. (2) The promoter must ensure that the signing sheet for a notice of intent to recall 10 includes a statement of reasons for calling for the member’s recall to Parliament (“The promoter’s statement of reasons”). (3) The member may respond to the statement of reasons in a written statement in reply (“member’s statement in reply”) sent to the petition officer after the notice of intent to recall has been deposited with that officer. 15 (4) The notice of petition sent out under section 8(1) must be accompanied by— (a) the promoter’s statement of reasons, and (b) any statement in reply if provided to the petition officer within 2 working days of the notices being sent out. (5) The statement of reason and any statement in reply must not exceed 200 words 20 each and must be made available by the petition officer at the designated places throughout the signing period.” Member’s explanatory statement This amendment makes provision for the person who deposits the notice of intent to recall with the 624 Committee of the whole House: 27 October 2014

Recall of MPs Bill, continued

petition officer, known as the promoter, to include with the notice, a statement of reasons. The member then has a right of reply and both the statement of reasons and any statement in reply must be available with a recall petition throughout the signing period.

As an Amendment to Anne Marie-Morris’s proposed New Clause (Promoter’s statement of reason and Member’s statement in reply) (NC2):—

Sir James Paice (a) Line 11, at end insert— “(a) the statement of reasons shall not include reasons relating to the Member’s freedom of expression within his/her Parliamentary role such as those expressed through speeches and votes. (b) Where the petition officer considers that a statement may contravene (a) he may refer the statement to the Speaker whose decision shall be final.” Member’s explanatory statement To ensure that recall procedure is not commenced because a constituent does not agree with the Member’s political or personal views.

Mr David Heath Dr Julian Huppert John Hemming Mike Freer Mr Clive Betts Mr Ben Bradshaw

Henry Smith NC6  To move the following Clause—

“The third recall condition; method of petitioning an election court (1) This section applies when persons allege conduct by an MP which constitutes misconduct in public office. (2) A petition under this section may be presented by one hundred or more of those who are registered as electors in the relevant constituency. (3) The petition shall be in the prescribed form, state the prescribed matters and be signed by the petitioners, and shall be presented to the High Court, or to the Court of Session, or to the High Court of Northern Ireland, depending on whether the constituency to which it relates is in England and Wales, or Northern Ireland. (4) The petition shall be presented by delivering it to the prescribed officer or otherwise dealing with it in the prescribed manner; and the prescribed officer shall send a copy of it forthwith to the Speaker and to the relevant MP. (5) The election court shall be constituted as if it were constituted under section c123 (constitution of election court and place of trial) of the Representation of the People Act 1983 and sections 124 and 126 of that Act shall apply as if it were so constituted. Committee of the whole House: 27 October 2014 625

Recall of MPs Bill, continued (6) “Prescribed” has the same meaning as in section 185 (Interpretation of Part III) of the Representation of the People Act 1983.”

Mr David Heath Dr Julian Huppert John Hemming Mike Freer Mr Clive Betts Mr Ben Bradshaw

Henry Smith NC7  To move the following Clause—

“The third recall condition; consideration by election court (1) This section applies when a petition alleging conduct by an MP which constitutes misconduct in public office is considered by an election court under section (The third recall condition: method of petitioning an election court). (2) The court may consider such conduct whether or not it is committed in England and Wales, and whether or not it is committed directly in carrying out the office of member of parliament. (3) The court must examine evidence adduced of misconduct, and any evidence produced in rebuttal by the MP. (4) The court must consider whether, on the basis of such evidence, a person might properly be indicted for the common law offence of misconduct in public office. (5) For the purposes of this section, gross dereliction of duty as an MP may be considered misconduct in public office. (6) If the court considers, on the basis of such evidence, that the allegation of misconduct is— (a) not supported by the evidence; or (b) trivial or vexatious in nature; or (c) brought for party political purposes; then the court must dismiss the petition. (7) If the decision of the court is that the alleged behaviour is such as to satisfy subsection (4), then it must notify the Speaker that it has so determined. (8) Nothing in this section shall be contrued as affecting any provision of the Bill of Rights 1689.” Member’s explanatory statement Amendments 42 and 43 and NC6 and NC7 form part of a group of amendments and new clauses which provides a route for recall for members of the public independent of any parliamentary committee, or criminal convictions. It allows for an alternative and additional trigger for the recall process which provides direct access whereby one hundred constituents may petition an Electoral Court in the case of improper behaviour or gross dereliction of duty on the part of an MP, and seeks to avoid any conflict with the provisions of the Bill of Rights.

626 Committee of the whole House: 27 October 2014

Recall of MPs Bill, continued Zac Goldsmith Mr David Davis Anne Marie Morris Mr Andrew Mitchell Kate Hoey Douglas Carswell

Recall of MPs Bill, continued Jacob Rees-Mogg Zac Goldsmith Mr David Davis Anne Marie Morris Mr Andrew Mitchell Douglas Carswell

Nick de Bois Mr Frank Field Katy Clark Jim Fitzpatrick Kate Hoey Jonathan Edwards Caroline Lucas Mark Durkan Adam Afriyie Mr David Anderson Steve Baker Guto Bebb Richard Benyon Mr Peter Bone Sir Peter Bottomley Angie Bray Andrew Bridgen Mr David Burrowes Alistair Burt Dan Byles Neil Carmichael Martin Caton Glyn Davies Nadine Dorries Natascha Engel Mr Nigel Evans Mark Field Paul Flynn Richard Fuller Mr George Galloway Mrs Mary Glindon Mr Mike Hancock Simon Hart Chris Heaton-Harris Mr Phillip Hollobone Mr Adam Holloway Mr Bernard Jenkin Mr David Jones Chris Kelly Mr David Lammy Jeremy Lefroy Charlotte Leslie Fiona Mactaggart Mrs Anne Main John Mann Jason McCartney John McDonnell Mr Michael Meacher Nigel Mills Mr David Nuttall Albert Owen Mr Dominic Raab Ms Margaret Ritchie Henry Smith Andrew Stephenson Mr Graham Stuart Martin Vickers Mike Weatherley Mr Mike Weir Chris White Craig Whittaker Bill Wiggin Roger Williams Dr Sarah Wollaston Margaret Hodge 38 Clause 7,page5, line 27, leave out “maximum” and insert “minimum” Member’s explanatory statement This amendment changes the number of designated places for the signing of a recall petition from a maximum of four to a minimum of four. Committee of the whole House: 27 October 2014 629

Recall of MPs Bill, continued Zac Goldsmith Mr David Davis Anne Marie Morris Mr Andrew Mitchell Kate Hoey Douglas Carswell

Jacob Rees-Mogg Nick de Bois Mr Frank Field Katy Clark Jim Fitzpatrick Jonathan Edwards Caroline Lucas Mark Durkan Adam Afriyie Mr David Anderson Steve Baker Guto Bebb Richard Benyon Mr Peter Bone Sir Peter Bottomley Angie Bray Andrew Bridgen Mr David Burrowes Alistair Burt Dan Byles Neil Carmichael Martin Caton Glyn Davies Nadine Dorries Natascha Engel Mr Nigel Evans Mark Field Paul Flynn Richard Fuller Mr George Galloway Mrs Mary Glindon Mr Mike Hancock Simon Hart Chris Heaton-Harris Mr Philip Hollobone Mr Adam Holloway Mr Bernard Jenkin Mr David Jones Chris Kelly Mr David Lammy Jeremy Lefroy Charlotte Leslie Fiona Mactaggart Mrs Anne Main John Mann Jason McCartney Dr Alasdair McDonnell John McDonnell Mr Michael Meacher Nigel Mills Mr David Nuttall Albert Owen Mr Dominic Raab Ms Margaret Ritchie Henry Smith Mrs Caroline Spelman Andrew Stephenson Mr Graham Stuart Martin Vickers Mike Weatherley Mr Mike Weir Chris White Craig Whittaker Bill Wiggin Roger Williams Dr Sarah Wollaston Margaret Hodge 22 Clause 15,page10, line 27, leave out from “officer” to end of Clause and insert— “determines that the recall petition was successful the officer shall issue a notice of recall referendum. (2) Where a notice of recall referendum has been issued, the petition officer shall hold a referendum on the question set out in subsection (3), within a period that is no less than 21 days and no more than 27 days after the date of the notice. (3) The questions that is to appear on the ballot papers in a recall referendum is— “Should [name of member of Parliament] be recalled from the House of Commons?”. (4) A person is entitled to vote in a recall referendum under this Act if that person would be entitled to vote on that day as an elector at a parliamentary election in the constituency. (5) A person who is entitled to vote in a recall referendum may do so in person, by post or by proxy. (6) This subsection applies where more votes are cast in a recall referendum in relation to a member of Parliament in favour of the question asked in subsection (3) than against. (7) Where subsection (6) applies, the result of the referendum is that the member’s seat becomes vacant and a by-election will be held. (8) The petition officer must— (a) determine the result of the recall referendum as soon as reasonably practicable after the date on which the referendum took place, (b) immediately notify the member and the Speaker of the result of the referendum, and 646 Committee of the whole House: 27 October 2014

Recall of MPs Bill, continued (c) as soon as reasonably practicable, publish the result of the referendum.”. Member’s explanatory statement Where a recall petition has been successful, this amendment sets down the requirement for a recall referendum: it provides the wording for the recall referendum ballot and if passed for the member’s seat to become vacant. This thereby triggers a by-election.

Zac Goldsmith Mr David Davis Anne Marie Morris Mr Andrew Mitchell Kate Hoey Douglas Carswell

Recall of MPs Bill, continued Zac Goldsmith Mr David Davis Anne Marie Morris Mr Andrew Mitchell Kate Hoey Douglas Carswell

Recall of MPs Bill, continued REMAINING NEW CLAUSES

Chris Heaton Harris Zac Goldsmith Mr David Davis Anne Marie Morris Mr Andrew Mitchell Douglas Carswell

Nick de Bois Mr Frank Field Katy Clark Jim Fitzpatrick Kate Hoey Jonathan Edwards Caroline Lucas Mark Durkan Adam Afriyie Mr David Anderson Steve Baker Guto Bebb Richard Benyon Mr Peter Bone Sir Peter Bottomley Angie Bray Andrew Bridgen Mr David Burrowes Alistair Burt Dan Byles Neil Carmichael Martin Caton Glyn Davies Nadine Dorries Natascha Engel Mr Nigel Evans Mark Field Paul Flynn Richard Fuller Mr George Galloway Mrs Mary Glindon Mr Mike Hancock Simon Hart Jacob Rees-Mogg Mr Phillip Hollobone Mr Adam Holloway Mr Bernard Jenkin Mr David Jones Chris Kelly Mr David Lammy Jeremy Lefroy Charlotte Leslie Fiona Mactaggart Mrs Anne Main John Mann Jason McCartney John McDonnell Mr Michael Meacher Nigel Mills Mr David Nuttall Albert Owen Mr Dominic Raab Ms Margaret Ritchie Henry Smith Andrew Stephenson Mr Graham Stuart Martin Vickers Mike Weatherley Mr Mike Weir Chris White Craig Whittaker Bill Wiggin Roger Williams Dr Sarah Wollaston Margaret Hodge NC3 To move the following Clause—

“Regulations as to extension of recall to local government etc (1) The Secretary of State may be regulations apply or incorporate, with or without modifications or exceptions, any provision of or made under this Act or any other enactment for the purposes of extending a system of recall to the offices to which this section applies. (2) This section applies to the following offices— (a) an elected member of— (i) a local authority within the meaning of section 270(1) of the Local Government Act 1972, and (ii) the Greater London Authority, in accordance with the Greater London Authority Act 1999 (that is, the Mayor of London and a member of the Assembly for London), and (b) an elected mayor, which for these purposes— (i) in relation to England, has the same meaning as in Part 1A of the Local Government Act 2000, and (ii) in relation to Wales, has the same meaning as in Part II of the Local Government Act 2000, and 660 Committee of the whole House: 27 October 2014

Recall of MPs Bill, continued (c) a body established under section 1 of the Police Reform and Social Responsibility Act 2011 (police and crime commissioner).” Member’s explanatory statement This amendment enables the extension of recall to local government councillors, Mayors and police and crime commissioners.

Jonathan Edwards Zac Goldsmith Mr David Davis Anne Marie Morris Mr Andrew Mitchell Douglas Carswell

Nick de Bois Mr Frank Field Katy Clark Jim Fitzpatrick Kate Hoey Jacob Rees-Mogg Caroline Lucas Mark Durkan Adam Afriyie Mr David Anderson Steve Baker Guto Bebb Richard Benyon Mr Peter Bone Sir Peter Bottomley Angie Bray Andrew Bridgen Mr David Burrowes Alistair Burt Dan Byles Neil Carmichael Martin Caton Glyn Davies Nadine Dorries Natascha Engel Mr Nigel Evans Mark Field Paul Flynn Richard Fuller Mr George Galloway Mrs Mary Glindon Mr Mike Hancock Simon Hart Chris Heaton-Harris Mr Phillip Hollobone Mr Adam Holloway Mr Bernard Jenkin Mr David Jones Chris Kelly Mr David Lammy Jeremy Lefroy Charlotte Leslie Fiona Mactaggart Mrs Anne Main John Mann Jason McCartney John McDonnell Mr Michael Meacher Nigel Mills Mr David Nuttall Albert Owen Mr Dominic Raab Ms Margaret Ritchie Henry Smith Andrew Stephenson Mr Graham Stuart Martin Vickers Mike Weatherley Mr Mike Weir Chris White Craig Whittaker Bill Wiggin Roger Williams Dr Sarah Wollaston Margaret Hodge NC4 To move the following Clause—

“Recall from Scottish Parliament, National Assembly for Wales and Northern Ireland Assembly to be a devolved matter (1) Paragraph B3 of Part II of Schedule 5 to the Scotland Act 1998 (reserved matters) shall be amended to add the words “(other than in relation to the recall of members from the Parliament)” after the second reference to “Parliament”. (2) At the end of paragraph 13, Part 1 of Schedule 7 (devolved matters) to the Government of Wales Act 2006 add—

“Recall of members from the Assembly”. Committee of the whole House: 27 October 2014 661

Recall of MPs Bill, continued (3) At the end of paragraph 8 of Schedule 3 to the Northern Ireland Act 1998 (reserved matters) add—

“Recall of members from the Assembly”. Member’s explanatory statement This amendment makes provision for recall to be treated as a devolved matter for the devolved administrations of Scotland, Wales and Northern Ireland.

Mr Graham Stuart NC5  To move the following Clause—

“Duration of Act (1) This Act expires at the end of the period of five years beginning with the day on which this Act is passed. (2) The Secretary of State may, by order made by statutory instrument, provide that this Act is not to expire at the time when it would otherwise expire under subsection (1). (3) No order may be made by the Secretary of State under this section unless a draft of it has been laid before Parliament and approved by a resolution of each House of Parliament.”

ORDER OF THE HOUSE [21 OCTOBER 2014] That the following provision shall apply to the Recall of MPs Bill—

Committal 1. The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee 2. Proceedings in Committee of the whole House shall be completed in three days.. 3. The proceedings shall be taken on the days shown in the first column of the following Table and in the order so shown. 4. The proceedings shall (so far as not previously concluded) be brought to a conclusion at the times specified in the second column of the Table. TABLE

Proceedings Time for conclusion of proceedings

First day Clauses 1 to 5, new Clauses and The moment of interruption on new Schedules relating to how the first day an MP becomes subject to a recall process 662 Committee of the whole House: 27 October 2014

Recall of MPs Bill, continued

Proceedings Time for conclusion of proceedings

Second day Clause 6, Schedule 1, Clauses 7 The moment of interruption on to 10, Schedule 2, Clauses 11 to the second day 13, new Clauses and new Schedules relating to the recall petition process (except any relating to the determination of the success of a recall petition, the effect of a successful recall petition, or financial controls) Third day Clauses 14 and 15, new Clauses The moment of interruption on and new Schedules relating to the third day the determination of the success of a recall petition or the effect of a successful recall petition, Clause 16, Schedules 3 to 5, Clause 17, new Clauses and new Schedules relating to financial controls, Clauses 18 to 20, Schedule 6, Clauses 21 to 25, remaining new Clauses, remaining new Schedules, remaining proceedings on the Bill

Consideration and Third Reading 5. Any proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced 6. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

Programming committee 7. Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to proceedings on Third Reading.

Other proceedings 8. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.