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Lord Whitty moved Amendments Nos. 341 to 344B:



    Page 28, line 30, leave out from second ("authority") to end of line 31.


    Page 28, line 31, at end insert--


("( ) The period of suspension or partial suspension which may be recommended under subsection (3) must not exceed six months or (if shorter) the remainder of the person's term of office.").


    Page 28, line 32, after ("Where") insert ("an ethical standards officer produces").


    Page 28, line 32, after ("section") insert ("which").


    Page 28, line 32, leave out ("conclusion") and insert ("recommendation").


    Page 28, line 33, leave out from ("(3)") to end of line 46 and insert ("he must refer the matters which are the subject of the report to the president of the relevant Adjudication Panel for adjudication by a tribunal falling within section 50(1A).").


    Page 29, line 1, leave out ("subsection") and insert ("section").


    Page 29, line 2, after ("member") insert ("or co-opted member").


    Page 29, line 4, at end insert ("and


( ) to the president of the relevant Adjudication Panel.").


    Page 29, line 5, leave out subsections (10) and (11) and insert--


("(10A) Any reference in this Part to a person being partially suspended from being a member or co-opted member of a relevant authority is a reference to a person being prevented from exercising particular functions or having particular responsibilities as such a member or co-opted member.").

The noble Lord said: With the leave of the Committee I shall move Amendments Nos. 341 to 344B en bloc. I beg to move.

Baroness Hamwee: Perhaps I can ask the Minister to explain the thinking behind Amendment No. 342A relating to the period of suspension or partial suspension. The Government have clearly gone through a thought process in arriving at this proposal. Perhaps in two sentences the Minister could share it with the Committee.

11.45 p.m.

Lord Whitty: This was dealt with when we discussed Amendment No. 329B. I referred to the matter in that context. I believe that the noble Baroness said then that she would need to consider my comments. Amendment No. 342A refers to a,


    "period of suspension or partial suspension which ... must not exceed six months".

I think I had better beg the indulgence of the Committee and that of the noble Baroness and say that I shall write to her on this particular proposition.

On Question, amendments agreed to.

[Amendment No. 343 had been withdrawn from the Marshalled List.]

Clause 48, as amended, agreed to.

1 Feb 2000 : Column 223

Lord Whitty moved Amendment No. 344C:


    After Clause 48, insert the following new clause--

MATTERS REFERRED TO MONITORING OFFICERS

(".--(1) The Secretary of State may by regulations make provision in relation to the way in which any matters referred to the monitoring officer of a relevant authority--
(a) under section 43(2A), or
(b) as a result of a finding under section 42(5)(c),
are to be dealt with.
(2) The provision which may be made by regulations under subsection (1) includes provision for or in connection with--
(a) enabling a monitoring officer of a relevant authority to conduct an investigation in respect of any matters referred to him,
(b) enabling a monitoring officer of a relevant authority to make a report, or recommendations, to the standards committee of the authority in respect of any matters referred to him,
(c) enabling a standards committee of a relevant authority to consider any report or recommendations made to it by a monitoring officer of the authority (including provision with respect to the procedure to be followed by the standards committee),
(d) enabling a standards committee of a relevant authority, following its consideration of any such report or recommendations, to take any action prescribed by the regulations (including action against any member or co-opted member of the authority who is the subject of any such report or recommendation).
(3) The provision which may be made by virtue of subsection (2)(a) includes provision for or in connection with--
(a) conferring powers on a monitoring officer of a relevant authority to enable him to conduct an investigation in respect of any matters referred to him,
(b) conferring rights (including the right to make representations) on any member or co-opted member of a relevant authority who is the subject of any such investigation.
(4) The provision which may be made by virtue of subsection (2)(d) includes provision for or in connection with--
(a) enabling a standards committee of a relevant authority to censure a member or co-opted member of the authority,
(b) enabling a standards committee of a relevant authority to suspend or partially suspend a person from being a member or co-opted member of the authority for a limited period,
(c) conferring a right of appeal on a member or co-opted member of a relevant authority in respect of any action taken against him.
(5) Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).
(6) An ethical standards officer who refers any matters to the monitoring officer of a relevant authority--
(a) under section 43(2A), or
(b) as a result of a finding under section 42(5)(c),
may give directions to the monitoring officer as to the way in which those matters are to be dealt with.
(7) In its application to Wales, subsection (1) is to have effect as if for the reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.").

On Question, amendment agreed to.

Clause 49 [Adjudication Panels]:

Lord Whitty moved Amendments Nos. 344D to 344L:


    Page 29, line 14, leave out ("case").

1 Feb 2000 : Column 224


    Page 29, line 14, at end insert ("drawn from the Panel").


    Page 29, line 16, leave out ("case").


    Page 29, line 16, at end insert ("drawn from the Panel").


    Page 29, line 33, leave out ("case").


    Page 29, line 33, after ("tribunals") insert ("drawn from the Panel").


    Page 29, line 37, leave out ("case").


    Page 29, line 37, after ("tribunals") insert ("drawn from the Panel").

On Question, amendments agreed to.

Clause 49, as amended, agreed to.

Clause 50 [Case Tribunals]:

Lord Whitty moved Amendments Nos. 344M to 346C:


    Page 29, line 40, leave out ("for adjudication") and insert ("under section 47(3)").


    Page 29, line 42, at end insert--


("(1A) Adjudications in respect of matters referred to the president of the relevant Adjudication Panel under section 48(4) are to be conducted by tribunals (referred to in this Part as interim case tribunals) consisting of not less than three members of the Panel.").


    Page 30, line 2, at end insert ("or interim case tribunal").


    Page 30, line 5, leave out ("for adjudication") and insert ("under section 47(3)").


    Page 30, line 5, at end insert--


("( ) An interim case tribunal drawn from the relevant Adjudication Panel may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section 48(4).").


    Page 30, line 7, after ("tribunal") insert ("or interim case tribunal").


    Page 30, line 9, after ("tribunal") insert ("or interim case tribunal").


    Page 30, line 10, leave out ("members") and insert ("co-opted member").


    Page 30, line 12, leave out ("(by co-option) of a committee") and insert ("of any committee, sub-committee, joint committee or joint sub-committee").


    Page 30, line 13, at end insert--


("( ) A person who is a member of an interim case tribunal which, as a result of an investigation under section 42, conducts an adjudication in relation to any person may not be a member of a case tribunal which, on the conclusion of that investigation, subsequently conducts an adjudication in relation to that person.").


    Page 30, line 15, after ("tribunals") insert ("or interim case tribunals").


    Page 30, line 18, after ("tribunals") insert ("or interim case tribunals").

On Question, amendments agreed to.

Clause 50, as amended, agreed to.

Clause 51 [Adjudications by case tribunals]:

Lord Whitty moved Amendments Nos. 346D to 346K:


    Page 30, line 22, after first ("tribunal") insert ("or interim case tribunal").


    Page 30, line 27, after ("tribunals") insert ("or interim case tribunals").


    Page 30, line 30, after ("tribunals") insert ("or interim case tribunals").


    Page 30, line 33, after ("attend") insert ("adjudications")


    Page 30, line 38, leave out ("conducted by a case tribunal").

1 Feb 2000 : Column 225


    Page 30, line 40, leave out ("to a case tribunal").


    Page 31, line 3, leave out ("case").

On Question, amendments agreed to.

Clause 51, as amended, agreed to.


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