House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

15

House of Commons

Thursday 21 June 2012

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Enterprise and Regulatory Reform Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [19 June 2012]

Mr Iain Wright

Ian Murray

Chi Onwurah

5


Clause  1,  page  1,  line  6,  leave out from ‘(b)’ to end of line and insert ‘the

acceleration and active promotion of initiatives with the purpose of facilitating significant

improvements in energy savings and energy efficiency.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

3


Clause  1,  page  1,  line  11,  at end add—

‘(3)
In undertaking investments in accordance with the green purposes outlined in

subsection (1), the UK Green Investment Bank must take particular account of—

(a)
the ability of small and medium-sized enterprises of the United Kingdom

to be awarded contracts,

(b)
how the investment would improve the effectiveness of the UK supply

chain in the relevant industry in which the investment was being made,

(c)
helping UK businesses—

(i)
reduce their greenhouse gas emissions, and

(ii)
increase their energy efficiency, and

(d)
investment in new and emerging technologies.’.

Public Bill Committee: 21 June 2012
16

Enterprise and Regulatory Reform Bill, continued

Mr Iain Wright

Ian Murray

Chi Onwurah

4


Clause  1,  page  1,  line  11,  at end add—

‘(4)
Nothing in subsection (1)(b) shall allow the UK Green Investment Bank to

consider investments in high carbon infrastructure projects, or in projects likely

to result in a significant increase in greenhouse gas emissions.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

6


Clause  4,  page  3,  line  19,  at end add—

‘(7)
The Secretary of State shall provide the European Commission with notification

in accordance with state aid procedures that it is the intention of the Secretary of

State to allow the UK Green Investment Bank to borrow from the capital markets.

(8)
The duty in subsection (7) must be fulfilled no later than 30 June 2013.

(9)
It is the duty of HM Treasury to permit the UK Green Investment Bank to begin

borrowing from the capital markets no later than 31 December 2013, or one

month following state aid approval having been received, whichever is the

earliest.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

7


Clause  5,  page  3,  line  24,  at end add—

‘(2)
The UK Green Investment Bank must ensure that—

(a)
all studies or assessments conducted in the preparation of a business plan,

and their accompanying terms of reference,

(b)
all written correspondence exchanged between the Government

Shareholder and the Board, and

(c)
all key operational documents, including internal working documents of

the Bank relating to investment decisions,


are made available on a website maintained in accordance with the requirements

of this section, subject to the exemptions specified in subsection (3).

(3)
Information contained in documents required to be disclosed by subsection (2)

may be withheld or redacted by the Bank where in the reasonable opinion of a

qualified person—

(a)
its disclosure would prejudice the commercial interests of any person

(including the Bank),

(b)
its disclosure would, or would be likely to, inhibit—

(i)
the free and frank provision of advice to or within the Bank,

(ii)
the free and frank exchange of views within the Bank for the

purposes of deliberation,

Public Bill Committee: 21 June 2012
17

Enterprise and Regulatory Reform Bill, continued

(c)
its disclosure would otherwise prejudice, or would be likely otherwise to

prejudice, the effective conduct of the Bank’s business,

(d)
a claim to legal professional privilege or, in Scotland, to confidentiality

of communications could be maintained in relation to it in legal

proceedings, or

(e)
its disclosure—

(i)
is prohibited by or under any enactment, or

(ii)
would constitute or be punishable as a contempt of court,


and in all the circumstances of the case, the public interest in maintaining

the exemption outweighs the public interest in disclosing the

information.

(4)
The documents specified in subsection (2) must be made available on the Bank’s

website or a website that is maintained by or on behalf of the Bank.

(5)
Access to the documents specified in subsection (2) on the website must not be—

(a)
conditional on the payment of a fee, or

(b)
otherwise restricted, except so far as necessary to comply with any

enactment or regulatory requirement (in the United Kingdom or

elsewhere).’.

Mr Iain Wright

Ian Murray

Chi Onwurah

8


Clause  6,  page  3,  line  32,  leave out from ‘(2)’ to end of line 33, and insert—

‘( )
The Secretary of State must within 12 months of the coming into force of this Act,

and afterwards annually, prepare and lay before both Houses of Parliament a

report on the activities and investments of the UK Green Investment Bank.

(2A)
The report under subsection (2) must, in particular, include or contain information

about—

(a)
the investments undertaken by the UK Green Investment Bank during

this period,

(b)
how the UK Green Investment Bank is achieving its green purposes as

set out in section 1,

(c)
a value-for-money and efficiency statement,

(d)
the identification and management of risk in respect of UK Green

Investment Bank objects and investments,

(e)
how the UK Green Investment Bank is not duplicating investments made

in the markets, and

(f)
how the UK Green Investment Bank has applied the Main Principles as

set out in the UK Corporate Governance Code.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

9


Clause  7,  page  4,  line  15,  at end insert—

Public Bill Committee: 21 June 2012
18

Enterprise and Regulatory Reform Bill, continued

‘(1A)
A “prospective claimant” may seek support from ACAS for any necessary

assistance to comply with the requirements in subsection (1).’.

Mr Iain Wright

Ian Murray

Chi Onwurah

10


Clause  7,  page  4,  leave out lines 26 and 27 and insert ‘The conciliation officer may

extend the prescribed period if the conciliation officer deems it necessary to reach a

settlement between the persons who would be parties to the proceedings, with the consent

of both parties.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

11


Clause  7,  page  5,  leave out lines 31 and 32.

Mr Iain Wright

Ian Murray

Chi Onwurah

12


Clause  7,  page  6,  line  17,  at end add—

‘(3)
The Secretary of State must within 12 months of the coming into force of this Act,

and afterwards annually, prepare and lay before both Houses of Parliament a

report on the workings and implementation of this Section.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

13


Clause  10,  page  7,  line  14,  at end insert—

‘(6E)
The Secretary of State and the Lord Chancellor acting jointly, shall consult on—

(a)
the level of professional attainment required by legal officers to carry out

provisions in subsection (6D).

(b)
the appropriate remit of proceedings that an appointed legal officer could

determine, and

(c)
the appropriate mechanism for appeal,


with regards to the provisions of subsection (6D).

Mr Iain Wright

Ian Murray

Chi Onwurah

14


Clause  11,  page  7,  line  23,  at end insert ‘with the consent of both parties.’.

Public Bill Committee: 21 June 2012
19

Enterprise and Regulatory Reform Bill, continued

Mr Iain Wright

Ian Murray

Chi Onwurah

15


Clause  11,  page  7,  leave out lines 32 to 39.

Fiona O’Donnell

17


Clause  13,  page  11,  line  12,  leave out from ‘section’ to end of line 13, and insert ‘to

ACAS’.

Mr Iain Wright

Ian Murray

Chi Onwurah

16


Clause  13,  page  11,  line  13,  at end insert—

‘(11)
All financial penalties should be paid to the claimant and the fine should be

subsequently deducted from the compensatory award and then paid to the

Secretary of State.’.

Norman Lamb

2


Clause  17,  page  12,  line  21,  at end insert—

‘( )
Section [Confidentiality of negotiations before termination of employment] does

not apply to any offer made or discussions held before the commencement of that

section.’.

Caroline Lucas

1

Clause  62,  page  49,  line  5,  at end add—

‘(5)
Section [Permission to borrow from the capital markets] comes into force on the

day on which this Act is passed.’.

NEW CLAUSES

Confidentiality of negotiations before termination of employment

Norman Lamb

NC2


To move the following Clause:—

Public Bill Committee: 21 June 2012
20

Enterprise and Regulatory Reform Bill, continued

‘After section 111 of the Employment Rights Act 1996 insert—

“111A
Confidentiality of negotiations before termination of employment

(1)
In determining any matter arising on a complaint under section 111, an

employment tribunal may not take account of any offer made or

discussions held, before the termination of the employment in question,

with a view to it being terminated on terms agreed between the employer

and the employee.


This is subject to the following provisions of this section.

(2)
Subsection (1) does not apply where, according to the complainant’s

case, the circumstances are such that a provision (whenever made)

contained in, or made under, this or any other Act requires the

complainant to be regarded for the purposes of this Part as unfairly

dismissed.

(3)
In relation to anything said or done which in the tribunal’s opinion was

improper, or was connected with improper behaviour, subsection (1)

applies only to the extent that the tribunal considers just.

(4)
The reference in subsection (1) to a matter arising on a complaint under

section 111 includes any question as to costs, except in relation to an

offer made on the basis that the right to refer to it on any such question is

reserved.

(5)
Subsection (1) does not prevent the tribunal from taking account of a

determination made in any other proceedings between the employer and

the employee in which account was taken of an offer or discussions of the

kind mentioned in that subsection.”’.

Permission to borrow from the capital markets

Caroline Lucas

NC1

To move the following Clause:—

‘(1)
The Green Investment Bank may borrow funds on the capital markets.

(2)
There shall be a duty on HM Treasury to provide such assistance and take such

steps as required to allow the Green Investment Bank to carry out functions under

subsection (1).’.

Independent expert review and consultation

Mr Iain Wright

Ian Murray

Chi Onwurah

NC3


To move the following Clause:—

Public Bill Committee: 21 June 2012
21

Enterprise and Regulatory Reform Bill, continued

‘(1)
The Secretary of State will be required to receive an independent expert review

of the performance of the UK Green investment Bank.

(2)
The Secretary of State will be required to receive such a review no less than every

five years.

(3)
The independent expert review in subsection (1) must, in particular, include or

contain information relating to—

(a)
an assessment of the UK Green Investment Bank’s environmental

performance in fulfilling the green purposes as set out in section 1,

(b)
an analysis of the main trends and factors likely to affect the future

development, performance and investments of the UK Green Investment

Bank,

(c)
macroeconomic analysis, including assessments of demand in the UK

economy and international factors likely to affect green investment and

skills within the relevant industries,

(d)
assessment of the competitiveness of the UK Green Investment Bank in

securing competitive advantage for the UK in green and low carbon

economies relative to other countries, and

(e)
recommendations to improve the UK Green Investment Bank’s impact in

fulfilling its green purposes in section 1.

(4)
Prior to the commencement of a review in relation to subsection (1), the Secretary

of State must request the views of—

(a)
the Secretary of State for Energy and Climate Change,

(b)
the Secretary of State for Environment, Food and Rural Affairs,

(c)
the Committee on Climate Change,

(d)
Ministers from the devolved administrations,

(e)
investors and interested parties, and

(f)
members of the public.


and provide a copy of the results of the consultations to the person or persons

undertaking the independent review.

(5)
A review made in relation to subsection (1) must be published and laid before

both Houses of Parliament.’.

General disclosure requirements

Mr Iain Wright

Ian Murray

Chi Onwurah

NC4


To move the following Clause:—

‘The Freedom of Information Act 2000 (c.36) is amended as follows—

In Part VI of Schedule 1, after the words “The Great Britain China Centre”,

insert—

“The UK Green Investment Bank”.’.

Order of the House [11 JUNE 2012]

That the following provisions shall apply to the Enterprise and Regulatory Reform



© Parliamentary copyright	Revised 21 June 2012