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Standing Orders (Public Business)

Volume 836: debated on Wednesday 28 February 2024

Motion to Agree

Moved by

That the Standing Orders relating to public business be amended as follows:

After Standing Order 21, insert:

“21A Temporary exclusion

(1) This Standing Order applies to any member of the House who has been charged with a serious violent or sexual offence.

(2) The term ‘serious violent or sexual offence’ means any offence against the person or any sexual offence which carries a maximum sentence of more than two years’ imprisonment.

(3) The member shall, at the first opportunity following charge, notify the Clerk of the Parliaments of the charge or charges.

(4) The Clerk of the Parliaments, upon receiving notification either from the member or by other means, shall immediately make arrangements to exclude the member from the Parliamentary Estate either until any criminal proceedings are completed or, if the member is convicted and sentenced to a term of imprisonment, whether suspended or not, that does not engage the provisions of the House of Lords Reform Act 2014, until the House has decided on any sanction recommended by the Conduct Committee.

(5) Notwithstanding paragraphs (4) and (6), the Clerk of the Parliaments shall allow a member subject to temporary exclusion under this Standing Order to have escorted access to the Parliamentary Estate in order to take the oath of allegiance or make the solemn affirmation.

(6) During the period of temporary exclusion, the member may not: (a) enter the Parliamentary Estate; (b) participate in proceedings of the House or its committees, whether in person or remotely; (c) vote in any election conducted in accordance with Standing Order 9 or 18; (d) undertake any external visits or other activities supported or funded by Parliament.

(7) Other rights enjoyed by the member shall be unaffected by exclusion, including the following: (a) the right to transact other business (such as tabling Questions for Written Answer) that does not require personal presence on the Estate; (b) access to services that can be provided remotely by the House of Lords Administration or the Parliamentary Digital Service; (c) the rights of existing staff sponsored by the member.

(8) The member shall remain subject to the provisions of the Code of Conduct and the rules on access to facilities, and any failure by the member to comply with the terms of this Standing Order shall be deemed to be in breach of the Code of Conduct.

(9) In accordance with section 2(3)(b) of the House of Lords Reform Act 2014, the House, in agreeing this Standing Order, resolves that section 2(1) of that Act shall not apply to a member subject to temporary exclusion under this Standing Order.

(10) The Standing Order applies regardless of whether (a) the alleged offence occurred before or after the member became a member of the House of Lords, and (b) the charges were brought inside or outside the United Kingdom; except that if the charges were brought outside the United Kingdom, the exclusion shall lapse after a period of two calendar months or ten sitting days, whichever is less, unless within that time the Leave Absence Sub-Committee of the Procedure and Privileges Committee resolves that the exclusion should remain in force.

(11) The operation of this Standing Order shall be kept under review by the Leave of Absence Sub-Committee.”

Standing Order 18 (Election of Lord Speaker)

In Standing Order 18(4), insert “who are subject to temporary exclusion,” after “suspended from the service of the House,”.

Standing Order 63 (Sessional Committees)

After “Finance Committee”, insert “Financial Services Regulation Committee”.

Motion agreed.