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    A148 – New Constitution Amendment
    Proposed by: Nigel Farage MEP (UKIP)
    Seconded by: hazzer1998 MP (UKIP), TheDefiniteArticle MP (Soc), tyroncs MP (UKIP), Unown Uzer MP (UKIP)

    This is an amendment to replace the Constitution with:

    MHoC Constitution



    Speaker

    (1) The Speaker will be overseeing the house as a forum assistant and ruling where the Constitution does not specify a course of action
    (2) The Speaker will be group leader of the MP user group and admitted elected MPs.
    (3) The Speaker will be organising the debate and voting on bills, amendments and motions
    (4) The Speaker will be tasked with updating the Hansard, Constitution and Model House of Commons Guidance Document
    (5) The Speaker will be running general, speakership, deputy speakership and, if requested, party leadership elections
    (6) It is the Speaker’s job to enforce the Constitution
    (7) The Speaker shall be elected by the MP’s of the House of Commons.
    (8) The Speaker must resign from their MP seat, and remain politically neutral throughout their Speakership.


    Deputy Speaker

    (1) The Deputy Speaker will support the Speaker and fill in in their absence
    (2) The Deputy Speaker shall be elected and serve as above, except a Deputy Speaker can retain its seats and party affiliation, while still remaining politically neutral when conducting Speakership business
    (3) The Deputy Speaker is responsible for running a motion of no confidence in the speaker, and the subsequent Speakership election should this pass.


    General Elections

    (1) The Speaker, or Deputy Speaker shall conduct the MHoC elections.
    (2) General Elections shall follow the process specified in the MHoC Guidance Document.
    (3) A maximum of 16 parties and independents can stand. The Speaker has discretion over parties, and users standing in a General Election.
    (4) All manifestos submitted must contain fewer than 450 words.
    (i) Manifestos may not contain more than two image files.
    (ii) Manifestos may not contain audio or video files.
    (iii) Manifestos may not contain pictures of, or quotes attributed to, any real-life figure, living or dead, political or otherwise.
    (5) For the 21 days leading up to elections unsolicited private messages cannot be sent to members of TSR who are not members of the same party as the sender, this includes campaigning for votes, telling people to vote; and a member of the Speakership team or MHoC asking for a message advertising the MHoC or the MHoC General Election to be sent to any TSR user.
    (6) The General Election will elect 50 MPs using the d’Hondt method.
    (7) If, for any reason, a 51st seat is required due to the d’Hondt method of calculations, a 51st shall be allocated.
    (8) All TSR members with more than 100 posts and accounts older than 3 months may vote.


    By Elections

    (1) The Speaker, or Deputy Speaker shall conduct by-elections.
    (2) By-elections shall follow the process specified in the Guidance Document
    (3) The restrictions on manifesto length and content shall be the same as in normal TSR General
    (4) If a member wishes to stand as an independent, that member must resign from their party.
    (5) All TSR members with more than 100 posts and accounts older than 3 months’ may vote.
    (6) Should there be one seat the candidate with the highest number of votes will win, if the by-election has more than one seat available to win the d'Hondt method shall be used to calculate the winners.
    (7) The results shall not affect who is in Government, or Opposition.


    Speaker Elections

    (1) A Speaker can be conducted by the outgoing Speaker, a Deputy Speaker or any member of the moderation/administration team.
    (2) A Speakership election can be used to fine a new Speaker, or a new Deputy Speaker.
    (3) A Speakership election process shall follow the procedure set out in the Guidance Document.


    MPs

    (1) MPs are the only members of the house who may vote on bills, treaties, amendments, motions, petitions or votes of no confidence in the Government, Speaker or Deputy Speaker, and the only members bar the Speaker, and Deputy Speakers who may post in the Division Lobby.
    (2) A list of MPs, as well as leader, and deputy leader of each party will be listed on the relevant party’s Q+A thread.
    (3) A party may appoint as many users to the MP user-group as the party had won seats in the previous General Election.
    (4) Parties choose their own MPs
    (5) If an MP decides to leave a party, this includes an MP defecting, the seat the leaving MP occupied is available to be filled by another member of the party.
    (6) If an independent MP joins a political party any time after a General Election, the seat the independent occupied becomes a seat of the party the independent joined. The seat will remain with that party until a General Election, or a by-election.
    (7) Proxy MPs are permitted when an MP is away for a period of time. A proxy MP may not change any votes cast by the member the proxy MP is covering.


    MP Activity & Voting Reviews

    (1) Four weeks after the State Opening of Parliament, the Speaker shall publish a voting review outlining the voting turnout of each MP in all votes on bills, motions, and petitions in the Division Lobby in that four-week period.
    (2) Vacant seats, and seats with an attendance less than 70% shall be highlighted as under consideration for removal.
    (3) Four weeks after the previous voting review, a new voting review shall be published.
    (4) Seats with an attendance less than 70% since the previous review shall be highlighted as under consideration for removal.
    (5) Where a highlighted seat was highlighted in any previous voting review during the same term, the seat highlighted twice shall be put up for by-election; normal by-election procedures apply as specified in the Guidance Document.
    (6) Parties whose seat(s) were put up for by-election are prohibited from participating in the by-election.


    Parties

    (1) Parties are formed when approved by the administration team, and Speaker.
    (2) New parties are administered by the Speaker until a party leader is elected, thereafter administration responsibilities fall to the party leader
    (3) Parties will be shut down if either:
    (a) there is no activity in their sub-forum for a period of one month.
    (b) none of their MPs vote for a period of one month.
    (c) the party leader steps down and no-one replaces them.
    (d) the Speaker deems the party to be inactive.
    (4) A user wanting to form a party should create a thread in the House of Commons forum spelling out their main principles.
    (5) When deciding if to approve the formation of a new party the Speaker should be mindful of the support for the party. There must be 10 eligible voters showing support, however, the Speaker may want to consider other factors, for instance, if the voters are active House of Commons members.
    (6) Members are only allowed to be in one party, unless both party leaders, and the Speaker agree for a member to be in more than one party.


    Government

    (1) The Speaker shall ask the coalition that has the highest number of seats to form a government. If two coalition have the same number of seats the coalition with the highest number of votes forms a government. If proposed coalitions have an equal number of votes the coalition with the largest party in terms of votes at the General Election forms a coalition.
    (2) The Government shall consist of a Prime Minister, ministers with responsibility for the Treasury, Home Office, and Foreign and Commonwealth Office; and any number of further Cabinet or ministerial positions: positions are decided by the Prime Minister. The Speaker or moderation team may prohibit a member from holding ministerial office.


    Opposition

    (1) The Speaker shall ask the leader of the largest party not in to form an Opposition.
    (2) The opposition shall consist of a Leader of the Opposition, and any number of shadow ministerial positions.


    Coalition Breakup

    (1) If a Party withdraws from Government Coalition leaving the Government without an absolute majority, the government disbands.
    (2) Following the dissolution of a government coalition, the Speaker shall post a notice informing the MHoC of the dissolution, and a new round of coalition discussions will start following the same process used after a General Election as specified in the Guidance Document.
    (3) Barring an intervening General Election, the dissolved coalition government is ineligible to form the next Government.
    (4) A General Election may be called by the outgoing Prime Minister, if no coalition if proposed, or if no part wants to form a government. A General Election may only be called if more than two months have passed since the last General Election.


    Bills, Motions, and Petitions

    (1) Acts of Parliament or EU laws passed in real life will apply to the Model House of Commons, so long as they do not contradict bills passed in this MHoC. Legislation passed in the MHoC always takes precedence over legislation passed in real life. This House may act as the Scottish Parliament, National Assembly for Wales, Northern Ireland Assembly or any English devolved regional assembly in passing legislation on devolved issues relating to those constituent parts of the country. Powers may of course be transferred between the House of Commons and devolved institutions by means of appropriate legislation.
    (2) Party Leaders, or party members (submitting a private member’s bill, or motion) will send the bill, or motion to the Speaker.
    (3) The Speaker will acknowledge they have received the item, and post the bill in the MHoC for discussion. The Hansard shall be updated with the item’s title, and date of debate. The procedure for items shall follow the procedure for bills, motions, and petitions specified in the Guidance Document.
    (4) Registered members of The Student Room (barring MPs and The Speaker) may post a petition in the Model House of Commons forum, or send the petition directly to the speaker in order to submit it anonymously.
    (5) A petition must call upon either the TSR Government or the MHoC to do something which can be implemented through legislation.
    (6) Petitions do not require seconders and may be debated by any member of The Student Room.
    (7) Petitions will follow the process specified in the Guidance Document for bills, motions, and petitions.
    (8) If a petition which calls upon the TSR Government, or MHoC do something is passed, the MHoC must submit legislation in three weeks to enact the petition.


    Referendums

    (1) Referendums will have to be approved by the Speaker, and Community team before taking place.
    (2) The procedure for referendum shall follow the procedure specified in the Guidance Document.
    (3) The Model House of Commons may not overturn a decision made in a referendum that has taken place within the last three parliamentary terms: this includes the current term.
    (4) A referendum will be called if a bill passes through the Division Lobby calling for a referendum, and proposing the referendum’s question.


    Amendments

    (1) Amendments are to change the Guiding Document and the Constitution.
    (2) To change the Guidance Document, or Constitution, an amendment must make it clear what change is being proposed.
    (3) The same time scale, and voting procedure applies as the procedure which applies to bill.
    (4) For an amendment to non-binding parts of the Guidance Document, if there are more ayes than noes the amendment passes.
    (5) For an amendment to the Constitution, and to binding parts of the Guidance Document to pass, there needs to be double the number of ayes than noes.
    (6) An amendment may be proposed by any MP.


    Motions of No Confidence

    (1) A Motion of no confidence can be called against the Government, the Speaker, or the Deputy Speaker at any point during the term. If the government was formed less than two weeks prior to the motion, or less than two weeks have passed since the last motion of no confidence was called against the government, a MoNC against the government may not be called.
    (2) The Speaker must be notified by one person and get at least 4 other MPs to second the motion, at least one of whom must be from another party, unless only a single party is not part of the government.
    (3) A Motion of No Confidence can be called against the Speaker, or Deputy Speaker at any point during their speakership unless they have held the position for less than two weeks, or less than two weeks have passed since the last motion of no confidence was submitted against the Speake, or Deputy Speaker. The person submitting the motion must be an MP of any party. The Speaker must be notified by one person and get at least 4 other MPs to second the motion, at least one of whom must be from another party.
    (4) For all types of MoNCs, the Speaker, or Deputy Speaker shall create a thread in the MHoC containing the MoNC.
    (5) MoNCs will follow the procedure specified in the Guidance Document.
    (6) In the case of a MoNC against the government, if the results are in the favour of the MoNC, the Speaker will start a coalition discussion period. If there is less than two months to the end of term the Speaker may call an early General election. If the MoNC fails the government continues as normal.
    (7) In the case of a MoNC against the Speaker, or Deputy Speaker, if the results are in the favour of the MoNC, the Speaker will start a Speakership election. When the new Speaker, or Deputy Speaker is found the old Speaker, or Deputy Speaker will be removed from power. If the results are not in favour of the MoNC the Speaker shall return to their duties.


    Statements of Intent and Departmental Reviews

    (1) Statements of Intent are submitted by the Government to set out its plans and policies. These differ from the general term “statements”, which refers to any statement made by any individual or organisation to the House.
    (2) Any Minister may submit an SoI proposing action by their Department. This action may or may not require primary legislation in order to be realised.
    (3) Each SoI can undergo a maximum of three readings. The process shall follow the procedure for bills, motions, and petitions specified in the Guidance Document.
    (4) The Treasury Departmental Review is the Budget.
    (5) Proposals contained in SoIs that the Speaker adjudges not to require primary legislation to be enacted are deemed passed when the SoI’s cessation period ends, unless the SoI is blocked by failing a vote called by the Minister whose Department submitted the SoI, the Prime Minister, the Leader of the Opposition, or the Shadow Minister for the department.
    (6) A departmental review is a review published by a department to outline plans the department has for the term ahead. A departmental review does not make any changes, a departmental review promotes policies but does not enact any policy: all policy enactments come from SoIs, or legislation.


    Crisis Committee

    (1) A crisis committee should be formed during each Parliament, consisting of members from all parties, and the government.
    (2) One member from each party not in government; the Speaker, and Deputy Speaker; and the Foreign Secretary shall be in the Crisis Committee.
    (3) It would be the job of this Crisis Committee to come up with hypothetical events for the TSR Government to act on and react to.
    (4) Exceptions can be granted to parties who feel they cannot fulfil the requirement, based on whether this will influence the outcome unfairly.


    Notes
    This amendment makes many changes;

    to the Constitution

    1. Simplified Constitution, Guidance Document: where things have been written out many times for bills, and then for motion; or for one election, and then for another, it has all be grouped toreduce words.
    2. Ability to allow parties to contest by-elections.
    3. Simplification off what a proxy MP is, and the line about proxy MPs needing to fulfil the wishes of the MP have been removed, but proxy MPs cannot change votes cast before by mp they’re replacing.
    4. Remove that complex amendment I wrote on party seat allocation.
    5. Removal of all reference to the Privy Council which boosts the ego of some members but does not serve a purpose in the MHoC.
    6. Removed sections on number of polls each term, and remove the requirement for PMQs.
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    I'm a little confused, is this all an amendment to the constitution? Because there are some GD bits which have been added. I don't see why proxy MP's should not comply with the normal MP when orders are given.
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    Also in real life the speaker is also a sitting MP who is elected to his constituency (traditionally) unopposed. So that is the way I'd like it in the MHoC but then you've got an MP seat gone when we don't actually have many, compared to 650 odd in real life. I'm split on that point.

    But I don't really know what's been added to be honest.
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    Compelling. Perhaps it's time to replace the whole thing.
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    Before I vote aye, I'd like someone else to go through with a fine-tooth comb and check the changes which are said to be made in the notes are accurate.
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    Political Ambassador
    Aye from me

    had a quick skim through will read properly tomorrow
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    I don't like the following:
    If an independent MP joins a political party any time after a General Election, the seat the independent occupied becomes a seat of the party the independent joined. The seat will remain with that party until a General Election, or a by-election.
    That is a massive change and shouldn't happen at all.

    (4) For an amendment to non-binding parts of the Guidance Document, if there are more ayes than noes the amendment passes.
    (5) For an amendment to the Constitution, and to binding parts of the Guidance Document to pass, there needs to be double the number of ayes than noes.
    This creates a very confusing system and was rejected last term for that very reason. If it is to be binding have it in the contitution, or you should make aLl things require a simple majority.

    Also I'm not sure about the change to the composition of the CC in here.
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    I hope that UKIP, and this is essentially a UKIP amendment as TDA seconds anything regardless, won't mind me holding off till I go through this line by line (or someone else does before I get time to) and see if it stands up
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    Yeah, to clarify, I didn't read this before seconding and nobody should take my seconding as a seal of approval.
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    I an with Aph on the question of an independent joining a party. The seat should remain theirs and they be accountable for their voting in particular. If they resign from the House there should be a by-election. (For the benefit of those new to the House, I sat in earlier parliaments as an independent).
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    There will be a replacement for the Guidance Document coming tomorrow with each going through many readings to get what we need correct. The Guidance Document, and Constitution are in a big mess, a replacement is needed to clean things up.
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    Who writes all of this?
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    I don't see the need tbh. Nay.
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    (Original post by cranbrook_aspie)
    I don't see the need tbh. Nay.
    Is that seriously your reasoning? :eek: This is one of the cases when silence is golden.
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    (Original post by Life_peer)
    Is that seriously your reasoning? :eek: This is one of the cases when silence is golden.
    Yes, what's wrong with voting against something because you don't think it's necessary?:confused:
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    (Original post by cranbrook_aspie)
    Yes, what's wrong with voting against something because you don't think it's necessary?:confused:
    No, it's your commenting despite having nothing to say.
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    (Original post by Aph)
    I'm a little confused, is this all an amendment to the constitution? Because there are some GD bits which have been added. I don't see why proxy MP's should not comply with the normal MP when orders are given.
    This is a total replacement of the Constitution, so all of this would be part of the new Constitution were this to pass.
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    (Original post by Life_peer)
    No, it's your commenting despite having nothing to say.
    But I did have something to say.
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    (Original post by cranbrook_aspie)
    But I did have something to say.
    Just add "**** off" to every comment which is a bit empty IMO
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    (Original post by Saracen's Fez)
    This is a total replacement of the Constitution, so all of this would be part of the new Constitution were this to pass.
    Yeah, I've got that now. I was confused because there is some GD stuff here and wasn't sure if I had missed something
 
 
 
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