Recall of MPs Bill

David Crausby Excerpts

Monday 3rd November 2014 Commons Chamber

[Tom Brake]

As the hon. Gentleman often does, he has come back with a very detailed question, to which I will respond in writing, as I have to conclude the debate on this particular grouping of amendments. I hope what I said has been helpful in setting out the Government’s position. We have identified some further areas where more work needs to be done. I commend these provisions to the Committee.

Clause 16 ordered to stand part of the Bill.

Schedules 3 to 5 agreed to.

Clause 17 ordered to stand part of the Bill.

Clause 18

Power to make further provision about conduct of a recall petition etc

Question proposed, That the clause stand part of the Bill.

[The Temporary Chair (Mr David Crausby)]

With this it will be convenient to discuss the following: clause 19 stand part.

Government amendments 50 to 52.

Clauses 20 to 25 stand part.

That schedule 6 be the Sixth schedule to the Bill.

[Tom Brake]

Amendments 50, 51 and 52 seek to amend clause 19 and have been tabled in the name of the Deputy Prime Minister. I will also explain the effect of the other clauses and schedules in the group.

The Law Society of Scotland suggested that, as drafted, there is a circularity in clause 19 that requires clarification. We think that it is unlikely that the clause would be misinterpreted, but would prefer to clarify the drafting to avoid doubt. As drafted, the Speaker may appoint someone to take his place if he is unable to perform his duties. The circularity comes because if he is unable to perform his duties, he is also unable to appoint someone. The Government have therefore proposed these amendments to remove any ambiguity from clause 19. The effect of the clause is the same.

Clauses 18 to 25 are largely technical clauses. They allow the Government to make further regulations about the recall process and to amend or otherwise reflect existing legislation. Clause 18 provides for the Government to make regulations about the conduct of a recall petition. It is envisaged that regulations on the conduct of the campaign will be based on those that exist for elections, with amendments to address the particular circumstances of the recall petition.

Clause 19 mirrors existing legislation, which makes provision for the Speaker’s functions, such as issuing notice to the petition officer, to be exercised by another person in the absence of the Speaker. This can be a person appointed by the Speaker or it can be the Deputy Chairman of Ways and Means. As I have mentioned, amendments 50, 51 and 52 remove any ambiguity in this clause.