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The House should be given the opportunity to restate its acceptance of the principle behind the proposal that lay members be added to the Committee on Standards and Privileges, the Procedure Committee concludes in a report published today. The committee's report responds to the resolution of the House of 2 December last year that lay members should sit on the Committee on Standards and Privileges. If that principle is restated, the House should study with care the arguments made for the inclusion of lay members with or without voting rights, and decide whether lay members should be appointed to the committee with full voting rights or whether they should be appointed with more limited rights protected by rules on quorum and publication of their opinion or advice. A decision in favour of membership with full voting rights would require legislation to be brought forward to put beyond reasonable doubt any question of whether parliamentary privilege applies to the Committee on Standards where it has an element of lay membership. The Procedure Committee recommends that the Committee on Standards and Privileges should be split in two, and that lay members should be included only on the committee relating to standards. The committee also makes a number of practical recommendations about the number, appointment and term of office of lay members.
Government response to HC 1606, session 2010-12 (ISBN 9780215038586)
The Government published a draft Bill on the Recall of MPs, with the aim of restoring faith in the political process after the expenses scandal. But the restricted form of recall proposed could reduce public confidence in politics by creating expectations that are not fulfilled. Under the Government's proposals, constituents themselves would not be able to initiate a recall petition. Furthermore, the circumstances that the Government proposes would trigger a recall petition are so narrow that recall petitions would seldom, if ever, take place. The Committee believes that the new House of Commons Committee on Standards, which will include lay members, already has the sanctions it needs to deal with MPs who are guilty of misconduct, including recommending the ultimate sanction of expulsion from the House of Commons in cases of serious wrongdoing. The Committee argues that the option of expulsion must be actively considered and that the House must be prepared to act. The Committee recommends: that the Government replace the requirement for a single designated location for signing the recall petition with a requirement for multiple locations; that people with an existing postal vote should automatically be sent a postal signature sheet in the event of a recall petition; that constituents in Northern Ireland should have the same options for signing a recall petition as constituents elsewhere in the UK, rather than being restricted to signing by post
This report follows the Committee's report of September 2013 on private Members' bills. Since then they have received a Government response, which is published as an appendix to this report, and discussed recommendations further with the Leader of the House. This report sets out a revised package of recommendations for reform of the private Member's bill process. The revised proposals include that: the House should agree to a convention that the question on second reading of a private Member's bill should be put to the House at the end of a full day's debate, in the same way that the House expects the question to be put on second reading of a Government bill; Bills which have not been published should be clearly identified in the Future Business section of the Order Paper; Pages should be provided on the Parliamentary website where draft private Members' bills can be made available online for scrutiny and comment which should be done on a pilot basis in the 2014-15 session; a bill need not be brought in immediately after leave is granted under the ten minute rule; the risk of a single Member monopolising the limited opportunities for debate of private Members' bills should be reduced by providing that a private Member may present no more than one bill on any one day; the deadline for publishing a private Member's bill should be brought forward to the Wednesday of the week prior to the day of second reading; Private Members' bills should be called "backbench bills"
This report provides concrete recommendations for strengthening the legislative and institutional framework for elected and appointed officials in Malta. It reviews the institutional and procedural set-up of the Commissioner for Standards in Public Life and analyses the omissions, inconsistencies and overlaps in the Standards in Public Life Act.
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The Standing Orders and the practice of the House enable Ministers to make written and oral statements to the House on matters of public importance. That facility is not available to Members who answer in the House on behalf of statutory bodies which are not subject to direct Ministerial accountability such as the House of Commons Commission and the Church Commissioners. Consequently contrivances such as a "planted" written question or an agreed urgent question are necessary in circumstances where an announcement is to be made to the House. The Committee considered whether arrangements might be put in place to enable, in appropriate circumstances, Members answering in the House on behalf of statutory bodies to make written and oral statements. They recommend that the necessary amendments be made to Standing Order No. 22A to enable those Members to make written statements and that those Members who are for the time being on the rota for oral questions should be enabled, on being granted permission in advance by the Speaker, to make an oral statement to the House
Parliamentary privilege ensures that Members of Parliament are able to speak freely in debates, and protects Parliament's internal affairs from interference from the courts. Following (failed) attempts by some MPs to use parliamentary privilege to avoid prosecution for expenses fraud, the Government felt the time was right for a comprehensive review of the privileges of Parliament. Freedom of speech is arguably the most important privilege: a member must be able to speak or raise a matter without fear of a criminal or civil liability. The Government does not feel it necessary to change the protection of privilege in civil cases, nor in relation to injunctions or super-injunctions. But it is open to question whether parliamentary privilege should ever prevent members being successfully prosecuted for criminal offences. The paper consults on whether privilege should be disapplied in cases of alleged criminality, though not in respect of speeches in Parliament. The second major privilege is that of exclusive cognisance: the right of each House to regulate its own proceedings and internal affairs without interference from any outside body including the courts. This includes the conduct of its Members, and of other participants such as witnesses before select committees. Recent court judgments make clear that statute law on employment, health and safety etc do apply to Parliament providing the law would not interfere with Parliament's core functions. The green paper also consults on extending and strengthening select committee powers. A final section covers other miscellaneous privileges.
All-Party Parliamentary Groups (APPGs) are groups of Members, from both Houses, who may or may not be supported by outside organisations, and are established for a wide range of purposes. There is a Register of such groups, overseen by the Parliamentary Commissioner for Standards. There has been increasing concern that APPGs pose a reputational risk to the House in several ways: they may provide access for lobbyists; they put pressure on resources; and their output is confused with that of official select committees. But APPGs also provide: forums for cross-party interaction which is not controlled by the whips, interaction between the Members of the Commons and the Lords; and a forum for parliamentarians, academics, business people, the third sector and other interested parties; time and space for policy discussion and debate; and a means for back bench parliamentarians to set the policy agenda. There is a longstanding dilemma about the regulation of APPGs: they are essentially informal groupings, established by individual Members, yet the more restrictions and requirements that are placed on them, the more they appear to be endorsed by the House. The House of Commons Commission has already decided to withdraw the passes of APPG staff. The Committee proposes a package of reforms: ensure that Members' responsibility for APPG activity is clear and accountable; ensure transparency not only about external support, but also about the activities funded by such support; and far greater clarity about the status of the various types of informal work that Members carry out.