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House of Commons

613

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 GoldsmithMr David DavisAnne Marie MorrisMr Andrew MitchellKate HoeyDouglas Carswell

Jacob Rees-Mogg Nick de Bois Mr Frank FieldKaty Clark Jim Fitzpatrick Jonathan EdwardsCaroline Lucas Mark Durkan Adam AfriyieMr David Anderson Steve Baker Guto BebbRichard Benyon Mr Peter Bone Sir Peter BottomleyAngie Bray Andrew Bridgen Mr David BurrowesAlistair Burt Dan Byles Neil CarmichaelMartin Caton Glyn Davies Nadine DorriesNatascha Engel Mr Nigel Evans Mark FieldPaul Flynn Richard Fuller Mr George GallowayMrs Mary Glindon Mr Mike Hancock Simon HartChris Heaton-Harris Mr Philip Hollobone Mr Adam HollowayMr Bernard Jenkin Mr David Jones Chris KellyMr David Lammy Jeremy Lefroy Charlotte LeslieFiona Mactaggart Mrs Anne Main John MannJason McCartney Dr Alasdair McDonnell John McDonnellMr Michael Meacher Nigel Mills Mr David NuttallAlbert Owen Mr Dominic Raab Ms Margaret RitchieHenry Smith Mrs Caroline Spelman Andrew StephensonMr Graham Stuart Martin Vickers Mike WeatherleyMr Mike Weir Chris White Craig WhittakerBill Wiggin Roger Williams Dr Sarah WollastonMargaret Hodge

1Clause 1, page 1, line 3, leave out from “becomes” to end of Clause and insert—

“the subject of a recall referendum where—(a) a notice of intent to recall, signed by a number of persons not less than

the effective number (5% of persons in member’s parliamentary

614 Committee of the whole House: 27 October 2014

Recall of MPs Bill, continued

constituency entitled to vote), in accordance with section (Notice ofintent 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 petitionin accordance with section (Notice of intent to recall) of this Act.

(3) In this Act “recall petition” means a petition calling, in terms determined undersection 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 accordancewith section 15 of this Act, the majority of people who have voted in a recallreferendum, 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 aMember’s seat may be vacated.”.

Member’s explanatory statement This amendment changes the Bill to remove the proposed conditions of recall on the grounds ofimprisonment or suspension by the House to the decision making of constituency voters. It sets outthe 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 HeathDr Julian HuppertJohn HemmingMike FreerMr Clive BettsMr Ben Bradshaw

Henry Smith42

Clause 1, page 1, 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 clauseswhich provides a route for recall for members of the public independent of any parliamentarycommittee, or criminal convictions. It allows for an alternative and additional trigger for the recallprocess which provides direct access whereby one hundred constituents may petition an ElectoralCourt in the case of improper behaviour or gross dereliction of duty on the part of an MP, andseeks to avoid any conflict with the provisions of the Bill of Rights.

Stephen TwiggThomas Docherty

48 Clause 1, page 1, line 4, after “second”, insert “or third.”

Sir Edward Leigh41

Clause 1, page 1, 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 fortabling by such an MP, within, or as a part of, a parliamentary proceeding.”


47 Clause 1, page 1, line 16, at end insert “or,

Committee of the whole House: 27 October 2014 615


(c) the MP has been convicted of any offence under section 10 (Offence ofproviding false or misleading information for allowance claims) of theParliamentary Standards Act 2009.”

Member’s explanatory statement This amendment adds a further recall petition trigger to the Bill, where an MP is found guilty ofan offence under section 10 of the Parliamentary Standards Act 2009 for making a claim forexpenses or allowances that they know to be false or misleading in some material respect.


45 Clause 1, page 1, line 18, leave out subsection (4) and insert—

“(4) The second recall condition is that the House of Commons orders the suspensionof 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 periodspecified is a period of at least 10 sitting days, or

(b) in any other case, the period specified (however expressed) is a period ofat least 14 days.”

Member’s explanatory statement This amendment reduces the length of suspension required to trigger a recall petition from 21sitting days to 10 sitting days and from 28 days to 14 days.

Mr Andrew Robathan39

Clause 1, page 1, line 18, leave out “orders” and insert “has ordered.”


Henry Smith43

Clause 1, page 1, line 24, at end insert—“( ) The third recall condition is that—

(a) an election court has considered a petition claiming that the MP hascommitted 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 clauseswhich provides a route for recall for members of the public independent of any parliamentarycommittee, or criminal convictions. It allows for an alternative and additional trigger for the recallprocess which provides direct access whereby one hundred constituents may petition an ElectoralCourt in the case of improper behaviour or gross dereliction of duty on the part of an MP, andseeks to avoid any conflict with the provisions of the Bill of Rights.

Mr Andrew Robathan40

Clause 1, page 2, line 2, after “starts”, insert “or started”




49 Clause 1, page 2, 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 thatsuch an MP has been suspended from a role mentioned in this subsectionfor 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 orderlaid before the House of Commons and made under the affirmative resolutionprocedure.”

Member’s explanatory statement This amendment adds a further recall petition trigger to the Bill, where an MP has been suspendedfrom another elected role or office for an equivalent or greater number of days than is set out inClause 1, subsection (4). (NB Amendment 45 seeks to reduce that period.)


46 Clause 2, page 2, 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 acustodial sentence but for a crime committed before this Act somes into force.





2Page 2, line 13, leave out Clause 2.







Henry Smith44

Clause 5, page 4, line 11, leave out “second” and insert “, second, or third”



NEW CLAUSES AND NEW SCHEDULES RELATING TO HOW AN MP BECOMES SUBJECT TO A RECALL PETITION PROCESS



NC1To move the following Clause—

“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 whopromotes 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 accompaniedby a declaration made by the promoter, verifying that to the best of that person‘sknowledge the notice is in accordance with this Act and any regulations madeunder it.

(4) A person who makes a declaration under subsection (3) where that person knowsthat 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 beendeposited with the petition officer—

(a) the petition officer shall, in accordance with subsection (6) determinewhether 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



of intent to recall is not less than the effective number determined in accordancewith subsection (9).

(7) But subsection (5) shall not apply if it would require the petition officer todetermine 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 nextparliamentary 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 onthat day, and

(b) P signs the notice on a day on which P would be entitled to vote as anelector 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 numberthat is equal to 5% of the number of persons entitled to vote as an elector at aparliamentary election in the constituency (“the effective number”).

(10) “The relevant day” for the purposes of subsection (9) means, the day on which theregistration officer publishes a revised version of the electoral register undersection 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 anotice and how the petition officer is to determine whether it is effective, leading on then to a recallpetition notice being issued.



Anne Marie-Morris Zac GoldsmithMr David DavisMr Andrew MitchellKate HoeyDouglas Carswell

Nick de Bois Mr Frank Field Katy ClarkJim Fitzpatrick Jonathan Edwards Caroline LucasMark Durkan Adam Afriyie Mr David AndersonSteve Baker Guto Bebb Richard BenyonMr Peter Bone Sir Peter Bottomley Angie BrayAndrew Bridgen Mr David Burrowes Alistair BurtDan Byles Neil Carmichael Martin CatonGlyn Davies Nadine Dorries Natascha EngelMr Nigel Evans Mark Field Paul FlynnRichard Fuller Mr George Galloway Mrs Mary GlindonMr Mike Hancock Simon Hart Chris Heaton-HarrisMr Phillip Hollobone Mr Adam Holloway Mr Bernard JenkinMr David Jones Chris Kelly Mr David LammyJeremy Lefroy Charlotte Leslie Fiona MactaggartMrs Anne Main John Mann Jason McCartneyJohn McDonnell Mr Michael Meacher Nigel MillsMr David Nuttall Albert Owen Mr Dominic RaabMs Margaret Ritchie Henry Smith Andrew StephensonMr Graham Stuart Martin Vickers Mike WeatherleyMr Mike Weir Chris White Craig WhittakerBill Wiggin Roger Williams Dr Sarah WollastonJacob Rees-Mogg Margaret Hodge


“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

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 recallincludes 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 inreply (“member’s statement in reply”) sent to the petition officer after the noticeof intent to recall has been deposited with that officer.

(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

each and must be made available by the petition officer at the designated placesthroughout the signing period.”

Member’s explanatory statement This amendment makes provision for the person who deposits the notice of intent to recall with the

5

10

15

20



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

As an Amendment to Anne Marie-Morris’s proposed New Clause (Promoter’sstatement 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 suchas 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 theMember’s political or personal views.


Henry SmithNC6

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 Courtof Session, or to the High Court of Northern Ireland, depending on whether theconstituency 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 orotherwise dealing with it in the prescribed manner; and the prescribed officershall 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 thePeople Act 1983 and sections 124 and 126 of that Act shall apply as if it were soconstituted.



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


Henry SmithNC7


“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 (Thethird recall condition: method of petitioning an election court).

(2) The court may consider such conduct whether or not it is committed in Englandand Wales, and whether or not it is committed directly in carrying out the officeof member of parliament.

(3) The court must examine evidence adduced of misconduct, and any evidenceproduced in rebuttal by the MP.

(4) The court must consider whether, on the basis of such evidence, a person mightproperly 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 beconsidered misconduct in public office.

(6) If the court considers, on the basis of such evidence, that the allegation ofmisconduct 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 clauseswhich provides a route for recall for members of the public independent of any parliamentarycommittee, or criminal convictions. It allows for an alternative and additional trigger for the recallprocess which provides direct access whereby one hundred constituents may petition an ElectoralCourt in the case of improper behaviour or gross dereliction of duty on the part of an MP, andseeks to avoid any conflict with the provisions of the Bill of Rights.





34Schedule 1, page 17, line 6, leave out from “effectually” to end of paragraph 1 and

insert “carrying out the functions under this Act and Regulations made under it in relationto notices of intent to recall, recall petitions and recall referendums”Member’s explanatory statement This amendment extends the general duty on the petition officer to reflect the addition of the noticeof intent to recall and referendum stages to the Bill.





6Clause 7, page 5, line 22, leave out “receives a Speaker’s notice” and insert “has

determined that a notice of intent to recall is effective”.Member’s explanatory statement This amendment makes clear that the date upon which the petition officer determines that a noticeof intent to recall is effective is the relevant starting date for the recall petition process.



Jacob Rees-MoggZac GoldsmithMr David DavisAnne Marie MorrisMr Andrew MitchellDouglas Carswell

Nick de Bois Mr Frank Field Katy ClarkJim Fitzpatrick Kate Hoey Jonathan EdwardsCaroline Lucas Mark Durkan Adam AfriyieMr David Anderson Steve Baker Guto BebbRichard Benyon Mr Peter Bone Sir Peter BottomleyAngie Bray Andrew Bridgen Mr David BurrowesAlistair Burt Dan Byles Neil CarmichaelMartin Caton Glyn Davies Nadine DorriesNatascha Engel Mr Nigel Evans Mark FieldPaul Flynn Richard Fuller Mr George GallowayMrs Mary Glindon Mr Mike Hancock Simon HartChris Heaton-Harris Mr Phillip Hollobone Mr Adam HollowayMr Bernard Jenkin Mr David Jones Chris KellyMr David Lammy Jeremy Lefroy Charlotte LeslieFiona Mactaggart Mrs Anne Main John MannJason McCartney John McDonnell Mr Michael MeacherNigel Mills Mr David Nuttall Albert OwenMr Dominic Raab Ms Margaret Ritchie Henry SmithAndrew Stephenson Mr Graham Stuart Martin VickersMike Weatherley Mr Mike Weir Chris WhiteCraig Whittaker Bill Wiggin Roger WilliamsDr Sarah Wollaston Margaret Hodge

38Clause 7, page 5, 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 froma maximum of four to a minimum of four.





7Clause 7, page 5, line 36, leave out “received the Speaker’s notice” and insert

“determined that the notice of intent to recall is effective”.Member’s explanatory statement This amendment makes clear that the date upon which the petition officer determines that a noticeof intent to recall is effective is the relevant starting date for the recall petition process.





8Clause 8, page 6, line 13, leave out subsection (2).

Member’s explanatory statement This amendment removes the power to make regulations requiring information on the recallcondition to be included in the notice of petition to be sent to registered electors.





9Clause 9, page 6, line 27, leave out from “constituency]” to end of subsection (4)

and insert “to be subject to a recall referendum. If the recall referendum leads to the lossof his/her seat this does not prevent the member standing in any consequent by-election.”.Member’s explanatory statement This amendment changes the wording in the recall petition to reflect that if successful there will bea referendum and that if the recall referendum leads to the loss of the member’s seat, he or shemay still stand for election in any consequent by-election.





10Clause 10, page 7, line 9, leave out “Speaker’s notice is given” and insert “petition

officer has determined that the notice of intent to recall is effective”.Member’s explanatory statement This amendment has the same effect as those for Clause 7.





11Clause 10, page 7, line 22, leave out “Speaker’s notice is given” and insert

“petition officer has determined that the notice of intent to recall is effective”.Member’s explanatory statement This amendment has the same effect as those for Clause 7.





35Schedule 2, page 21, line 10, leave out “Speaker‘s notice is given in relation to a

recall petition” and insert “petition officer determines that a notice of intent to recall iseffective”.Member’s explanatory statement This amendment has the same intent and achieves the same effect as for the amendments to Clause7.





12Clause 13, page 8, line 37, leave out “Speaker’s notice is given” and insert

“petition officer has determined that the notice of intent to recall is effective”.Member’s explanatory statement This amendment has the same effect as those for Clause 7 and reflects the fact that the recallconditions and the role of the Speaker are removed.





13Clause 13, page 8, line 44, leave out “Speaker’s notice was given” and insert

“petition officer determined that the notice of intent to recall was effective”.Member’s explanatory statement This amendment has the same effect as those for Clause 7 and reflects the fact that the recallconditions and the role of the Speaker are removed.





14Clause 13, page 9, line 3, leave out subsections (4) and (5).

Member’s explanatory statement This amendment has the same effect as those for Clause 7 and reflects the fact that the recallconditions and the role of the Speaker are removed.





15Clause 13, page 9, line 9, leave out “receiving a notice under subsection (5)” and

insert “becoming aware that this section applies”.Member’s explanatory statement This amendment has the same effect as those for Clause 7 and reflects the fact that the recallconditions and the role of the Speaker are removed.





16Clause 13, page 9, line 16, leave out “receiving a notice under subsection (5)” and

insert “becoming aware that this section applies”.Member’s explanatory statement This amendment has the same effect as those for Clause 7 and reflects the fact that the recallconditions and the role of the Speaker are removed.






Member’s explanatory statement This amendment has the same effect as those for Clause 7 and reflects the fact that the recallconditions and the role of the Speaker are removed.





18Clause 14, page 9, line 31, leave out subsection (2)(b).

Member’s explanatory statement This amendment reflects that the Speaker’s role in the recall petition process has been removed.





19Clause 14, page 9, line 36, leave out “10%” and insert “20%”.

Member’s explanatory statement This amendment changes the percentage of votes necessary for a recall petition to be successful to20% and is consequential to the amendment to Clause 1.





20Clause 14, page 9, line 44, leave out “Speaker’s notice is given” and insert “the

petition officer determined that the notice of intent to recall was effective”.Member’s explanatory statement This amendment has the same effect as those for Clause 7.






Member’s explanatory statement This amendment is consequential on the amendment removing subsection (2) of this Clause.





22Clause 15, page 10, line 27, leave out from “officer” to end of Clause and insert—

“determines that the recall petition was successful the officer shall issue a noticeof recall referendum.

(2) Where a notice of recall referendum has been issued, the petition officer shallhold a referendum on the question set out in subsection (3), within a period thatis 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 inthe constituency.

(5) A person who is entitled to vote in a recall referendum may do so in person, bypost or by proxy.

(6) This subsection applies where more votes are cast in a recall referendum inrelation 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’sseat 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



(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 recallreferendum: it provides the wording for the recall referendum ballot and if passed for themember’s seat to become vacant. This thereby triggers a by-election.



23Clause 16, page 10, line 40, after “amend”, insert—

“(a) Schedules 3 to 5 to apply to expenditure and donations in relation tonotices of intent to recall and recall referendums and reportingrequirements in connection with the financial control of notices of intentto recall and recall referendums.”.

Member’s explanatory statement This amendment extends the regulation making power in this Clause to enable the controls onexpenses, donations and reporting requirements set out in the Schedules to be extended to noticesof intent to recall and recall referendums.





36Schedule 3, page 24, line 5, leave out “Speaker‘s notice is given” and insert

“petition officer determines that a notice of intent to recall is effective”.Member’s explanatory statement This amendment has the same intent and achieves the same effect as for the amendments to Clause7.





24Clause 17, page 11, line 11, after “petition”, insert “or recall referendum.”.

Member’s explanatory statement This amendment extends the controls on loans to accredited campaigners to be extended to recallreferendums.





25Clause 17, page 11, line 18, after “petition”, insert “or recall referendum.”.

Member’s explanatory statement This amendment extends the controls on loans to accredited campaigners to be extended to recallreferendums.





26Clause 17, page 11, line 22, leave out “has the same meaning” and insert “and

“recall referendum” have the same meanings.”.Member’s explanatory statement This amendment extends the controls on loans to accredited campaigners to be extended to recallreferendums.





27Clause 18, page 11, line 27, leave out “recall petition” and insert “notice of intent

to recall, recall petition or recall referendum.”.Member’s explanatory statement This amendment extends the regulation making powers to cover notices of intent to recall includingthe promoter’s declaration of compliance and recall referendums.





28Clause 18, page 11, line 28, leave out “recall petition” and insert “notice of intent

to recall, recall petition or recall referendum.”.Member’s explanatory statement This amendment extends the regulation making powers to cover notices of intent to recall includingthe promoter’s declaration of compliance and recall referendums.





30Clause 18, page 11, line 31, at end insert—

“( ) make provision extending section 13 to apply to the earlytermination of a recall referendum process.”.

Member’s explanatory statement This amendment extends the regulation making powers to cover notices of intent to recall andrecall referendums.





29Clause 18, page 11, line 38, at end insert “(including extending section 12 to cover

the signing of notices of intent to recall, any offence under [section Notice of intent torecall] and voting in recall referendums)”Member’s explanatory statement This amendment extends the regulation making powers to cover notices of intent to recall includingthe promoter’s declaration of compliance and recall referendums.





37Schedule 6, page 57, line 35, leave out from “after” to end of line 36 and insert “a

petition officer has determined that a notice of intent to recall is effective”.Member’s explanatory statement This amendment has the same effect as those for Clause 7.






““notice of intent to recall” means a notice calling, in terms determinedunder section (Notice of intent to recall) for a recall petition to beissued;”.

Member’s explanatory statement This amendment adds in necessary definitions to reflect the other amendments to the Bill.






““recall referendum” means a referendum asking, in terms determinedunder section (Notice of intent to recall) whether the seat of a membershould be vacated in accordance with this Act;”.

Member’s explanatory statement This amendment adds in necessary definitions to reflect the other amendments to the Bill.



REMAINING NEW CLAUSES

Chris Heaton HarrisZac GoldsmithMr David DavisAnne Marie MorrisMr Andrew MitchellDouglas Carswell

Nick de Bois Mr Frank Field Katy ClarkJim Fitzpatrick Kate Hoey Jonathan EdwardsCaroline Lucas Mark Durkan Adam AfriyieMr David Anderson Steve Baker Guto BebbRichard Benyon Mr Peter Bone Sir Peter BottomleyAngie Bray Andrew Bridgen Mr David BurrowesAlistair Burt Dan Byles Neil CarmichaelMartin Caton Glyn Davies Nadine DorriesNatascha Engel Mr Nigel Evans Mark FieldPaul Flynn Richard Fuller Mr George GallowayMrs Mary Glindon Mr Mike Hancock Simon HartJacob Rees-Mogg Mr Phillip Hollobone Mr Adam HollowayMr Bernard Jenkin Mr David Jones Chris KellyMr David Lammy Jeremy Lefroy Charlotte LeslieFiona Mactaggart Mrs Anne Main John MannJason McCartney John McDonnell Mr Michael MeacherNigel Mills Mr David Nuttall Albert OwenMr Dominic Raab Ms Margaret Ritchie Henry SmithAndrew Stephenson Mr Graham Stuart Martin VickersMike Weatherley Mr Mike Weir Chris WhiteCraig Whittaker Bill Wiggin Roger WilliamsDr Sarah Wollaston Margaret Hodge


“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 otherenactment for the purposes of extending a system of recall to the offices to whichthis 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 theLocal Government Act 1972, and

(ii) the Greater London Authority, in accordance with the GreaterLondon Authority Act 1999 (that is, the Mayor of London and amember 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



(c) a body established under section 1 of the Police Reform and SocialResponsibility Act 2011 (police and crime commissioner).”

Member’s explanatory statement This amendment enables the extension of recall to local government councillors, Mayors andpolice and crime commissioners.

Jonathan EdwardsZac GoldsmithMr David DavisAnne Marie MorrisMr Andrew MitchellDouglas Carswell

Nick de Bois Mr Frank Field Katy ClarkJim Fitzpatrick Kate Hoey Jacob Rees-MoggCaroline Lucas Mark Durkan Adam AfriyieMr David Anderson Steve Baker Guto BebbRichard Benyon Mr Peter Bone Sir Peter BottomleyAngie Bray Andrew Bridgen Mr David BurrowesAlistair Burt Dan Byles Neil CarmichaelMartin Caton Glyn Davies Nadine DorriesNatascha Engel Mr Nigel Evans Mark FieldPaul Flynn Richard Fuller Mr George GallowayMrs Mary Glindon Mr Mike Hancock Simon HartChris Heaton-Harris Mr Phillip Hollobone Mr Adam HollowayMr Bernard Jenkin Mr David Jones Chris KellyMr David Lammy Jeremy Lefroy Charlotte LeslieFiona Mactaggart Mrs Anne Main John MannJason McCartney John McDonnell Mr Michael MeacherNigel Mills Mr David Nuttall Albert OwenMr Dominic Raab Ms Margaret Ritchie Henry SmithAndrew Stephenson Mr Graham Stuart Martin VickersMike Weatherley Mr Mike Weir Chris WhiteCraig Whittaker Bill Wiggin Roger WilliamsDr Sarah Wollaston Margaret Hodge


“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 ofmembers from the Parliament)” after the second reference to “Parliament”.

(2) At the end of paragraph 13, Part 1 of Schedule 7 (devolved matters) to theGovernment of Wales Act 2006 add—

“Recall of members from the Assembly”.



(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 devolvedadministrations of Scotland, Wales and Northern Ireland.

Mr Graham StuartNC5


“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 undersubsection (1).

(3) No order may be made by the Secretary of State under this section unless a draftof it has been laid before Parliament and approved by a resolution of each Houseof 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 threedays..

3. The proceedings shall be taken on the days shown in the first column of thefollowing Table and in the order so shown.

4. The proceedings shall (so far as not previously concluded) be brought to aconclusion 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 new Schedules relating to how an MP becomes subject to a recall process

The moment of interruption on the first day



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 theday on which those proceedings are commenced

6. Proceedings on Third Reading shall (so far as not previously concluded) bebrought to a conclusion at the moment of interruption on that day.

Programming committee

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

Other proceedings

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

Second day

Clause 6, Schedule 1, Clauses 7 to 10, Schedule 2, Clauses 11 to 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)

The moment of interruption on the second day

Third day

Clauses 14 and 15, new Clauses and new Schedules relating to 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

The moment of interruption on the third day

Proceedings Time for conclusion of proceedings

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