Session 2013 - 14
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Other Bills before Parliament


 
 

13

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 3 October 2013

 

Public Bill Committee


 

Defence REform Bill

 

Alison Seabeck

 

Mr Kevan Jones

 

1

 

Clause  1,  page  1,  leave out lines 9 to 10.

 

Alison Seabeck

 

Mr Kevan Jones

 

2

 

Clause  1,  page  1,  line  9,  after ‘DE&S’, insert ‘subject to conditions on maintenance

 

and upkeep set by the Secretary of State,’.

 

Alison Seabeck

 

Mr Kevan Jones

 

3

 

Clause  1,  page  2,  line  42,  at end insert—

 

‘(7A)    

Arrangements mentioned in this section must include provision for contractual

 

obligations to be placed on the company operating the contract for defence

 

procurement services under subsection (2), specifically including provision to—

 

(a)    

require non-UK companies to establish special security arrangements for

 

the operation of the contract;

 

(b)    

disqualify from the directorship of the company any individual who

 

holds a directorship over any other company whose main business is in

 

the manufacturing or provision of equipment, works or services for

 

defence purposes and;

 

(c)    

disqualify from the directorship of the company any individual who

 

holds financial securities in any other company whose main business is

 

in the manufacturing or provision of equipment, works or services for

 

defence purposes.’.

 

Alison Seabeck

 

Mr Kevan Jones

 

4

 

Clause  1,  page  3,  line  31,  at end add—


 
 

Notices of Amendments: 3 October 2013                  

14

 

Defence REform Bill, continued

 
 

‘“special security arrangements” means a proxy board or Special Security

 

agreement set up to prevent foreign influence over British defence

 

interests.’.

 

Alison Seabeck

 

Mr Kevan Jones

 

5

 

Clause  1,  page  2,  line  42,  at end insert—

 

‘(7A)    

Arrangements mentioned in this section may not be brought into force until the

 

Secretary of State has published guidance on the operation of the contract,

 

specifically including—

 

(a)    

the system by which available defence contracts shall be advertised to

 

potential bidders, and;

 

(b)    

the responsibility of the company operating the contract under subsection

 

(2) to produce and report annually against progress on an export

 

strategy’.

 

Alison Seabeck

 

Mr Kevan Jones

 

6

 

Clause  2,  page  3,  line  35,  at end insert—

 

‘(2A)    

Before the financial assistance is granted, the Secretary of State must—

 

(a)    

lay before both Houses a report detailing the circumstances requiring the

 

financial assistance;

 

(b)    

withhold approval of any assistance until the report has been laid, and

 

(c)    

write to the chairs of the relevant parliamentary committees indicating

 

that such a report has been laid.’.

 

Alison Seabeck

 

Mr Kevan Jones

 

7

 

Clause  3,  page  3,  line  41,  leave out ‘is’ and insert ‘may be’.

 

Alison Seabeck

 

Mr Kevan Jones

 

8

 

Clause  3,  page  3,  line  41,  after ‘Defence’ insert ‘, except in cases of negligence,

 

fraud or wilful neglect’.

 

Alison Seabeck

 

Mr Kevan Jones

 

9

 

Schedule  2,  page  34,  leave out from line 5 to line 7 on page 36 and insert—

 

‘Information to which Schedule applies

 

1    (1)  

This Schedule applies to information if—

 

(a)    

it was obtained by the Secretary of State or the contractor under or by

 

virtue of this Part or otherwise in connection with the carrying out of

 

functions under or by virtue of this Part, or is derived to any extent

 

from information that was so obtained, and

 

(b)    

it relates to the affairs of an individual or to a particular business,

 

      (2)  

Information ceases to be information to which this Schedule applies—


 
 

Notices of Amendments: 3 October 2013                  

15

 

Defence REform Bill, continued

 
 

(a)    

in the case of information relating to the affairs of an individual, when

 

the individual dies, and

 

(b)    

in the case of information relating to a particular business, on the

 

earlier of—

 

(i)    

the day on which the business ceases to be carried on, and

 

(ii)    

the end of the period of 30 years beginning with the date on

 

which the information was obtained by the Secretary of State

 

or the contractor.

 

Offence of disclosing information

 

2    (1)  

A person commits an offence if—

 

(a)    

the person discloses information, or

 

(b)    

information is disclosed or lost as a result of the person‘s failure to

 

prevent the disclosure or loss through measures taken under sub-

 

paragraph (2), and

 

(c)    

it is information to which this Schedule applies.

 

      (2)  

A person holding information to which this Schedule applies must take

 

adequate technical and organisational measures against unauthorised or

 

unlawful disclosure of, and against accidental loss of, the information.

 

      (3)  

Sub-paragraph (1) is subject to paragraphs 4 to 6.

 

      (4)  

A person who is guilty of an offence under sub-paragraph (1) is liable—

 

(a)    

on summary conviction, to imprisonment for not more than 12 months

 

or to a fine not exceeding the statutory maximum (or both), or

 

(b)    

on conviction on indictment, to imprisonment for not more than two

 

years or to a fine (or both).

 

      (5)  

The reference in sub-paragraph (4)(a) to 12 months is to be read as a reference

 

to 6 months—

 

(a)    

in its application to England and Wales in relation to an offence

 

committed before the date on which section 154(1) of the Criminal

 

Justice Act 2003 comes into force, and

 

(b)    

in its application to Northern Ireland.

 

      (6)  

If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act

 

2012 comes into force on or before the day on which this Act is passed—

 

(a)    

Section 85 of that Act (removal of limit on certain fines on conviction

 

by magistrates’ court) applies in relation to an offence under sub-

 

paragraph (1) on and after that day as if it were a relevant offence (as

 

defined in section 85(3) of that Act), and

 

(b)    

regulations described in section 85(11) of that Act may amend, repeal

 

or otherwise modify sub-paragraph (43)(a).

 

Disclosure with consent

 

3          

Paragraph 2(1) does not apply to a disclosure made with the consent of—

 

(a)    

the individual, or

 

(b)    

the person for the time being carrying on the business (or, where there

 

are two or more such persons, all those persons).

 

Disclosure of information already available to public

 

4          

Paragraph 2(1) does not apply to information that has been made available to

 

the public by being lawfully disclosed in circumstances in which, or for a

 

purpose for which, disclosure is not precluded by this Schedule.


 
 

Notices of Amendments: 3 October 2013                  

16

 

Defence REform Bill, continued

 
 

Other permitted disclosures

 

5    (1)  

Paragraph 2(1) does not apply where information is disclosed—

 

(a)    

for the purpose of facilitating the carrying out of functions of a

 

Minister of the Crown (within the meaning of the Ministers of the

 

Crown Act 1975),

 

(b)    

for the purpose of facilitating the carrying out by the SSRO of any of

 

its functions,

 

(c)    

for the purpose of enabling or assisting an authorised person to carry

 

out any of its functions,

 

(d)    

for the purpose of enabling or assisting a contractor to provide defence

 

procurement services to the Secretary of State by virtue of

 

arrangements mentioned in section 1,

 

(e)    

to the person from whom the information was obtained or, where that

 

person is associated with one or more other persons, to any such

 

associated person,

 

(f)    

by a person to whom the information is disclosed by virtue of

 

paragraph (e),

 

(g)    

under the Freedom of Information Act 2000 where there is a

 

requirement to disclose notwithstanding available defences,

 

(h)    

in connection with the investigation of a criminal offence or for the

 

purposes of criminal proceedings,

 

(i)    

for the purposes of civil proceedings,

 

(j)    

in pursuance of an EU obligation,

 

(k)    

for the purpose of facilitating the carrying out by the Comptroller and

 

Auditor General of functions, or

 

(l)    

in anonymised form.

 

      (2)  

In sub-paragraph (1)(d), “contractor” and “defence procurement services”

 

have the same meanings as in Part 1.

 

      (3)  

For the purposes of sub-paragraph (1)(l), information is disclosed in

 

anonymised form if no individual or other person to whom the information

 

relates can be identified from it.

 

      (4)  

For the purposes of sub-paragraph (1), disclosures under paragraph 5(1)(a) to

 

(d) and paragraph 5(1)(h) to (k) must be strictly necessary for the purpose,

 

made in confidence and paragraph 2(1) applies to the recipient of that

 

disclosure.

 

      (5)  

Prior to making a disclosure under paragraph 5(1)(a) to (d) or paragraph

 

5(1)(h) to (k), the individual or business to which the information relates must

 

be notified of the intended disclosure and must have the opportunity to

 

challenge that disclosure.

 

Power to prohibit disclosure

 

6    (1)  

The Secretary of State may by order—

 

(a)    

prohibit the disclosure of information to which this Schedule applies;

 

(b)    

provide that a prohibition imposed by virtue of paragraph (a) is subject

 

to exceptions corresponding to those set out in paragraphs 3 to 5 (other

 

than paragraph 5(1)(g));

 

(c)    

provide that a person who discloses information in contravention of

 

such a prohibition commits an offence punishable—

 

(i)    

on summary conviction, with imprisonment for not more than

 

12 months or with a fine not exceeding the statutory

 

maximum (or both), or


 
 

Notices of Amendments: 3 October 2013                  

17

 

Defence REform Bill, continued

 
 

(ii)    

on conviction on indictment, with imprisonment for not more

 

than two years or with a fine (or both).

 

      (2)  

The reference in sub-paragraph (1)(c)(i) to 12 months is to be read as a

 

reference to six months—

 

(a)    

in its application to England and Wales in relation to an offence

 

committed before the date on which section 154(1) of the Criminal

 

Justice Act 2003 comes into force, and

 

(b)    

in its application to Northern Ireland.

 

      (3)  

An order under sub-paragraph (1) may repeal paragraphs 2 to 5.

 

      (4)  

If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act

 

2012 comes into force on or before the day on which this Act is passed—

 

(a)    

section 85 of that Act (removal of limit on certain fines on conviction

 

by magistrates’ court) applies in relation to the power under sub-

 

paragraph (1)(c)(i) on or after that day as if it were a relevant power

 

(as defined in section 85(3) of that Act), and

 

(b)    

regulations described in section 85(11) of that Act may amend, repeal

 

or otherwise modify sub-paragraph (1)(c)(i).

 

      (5)  

An order under sub-paragraph (1) is to be made by statutory instrument.

 

      (6)  

A statutory instrument containing an order under sub-paragraph (1) may not be

 

made unless a draft of it has been laid before, and approved by a resolution of,

 

each House of Parliament.

 

Authority to inspect measures to protect information

 

7    (1)  

A person holding information to which this Schedule applies must permit an

 

industry body, acting on behalf of the owner of that information, within six

 

months of the relevant date and subsequently every three years, on reasonable

 

prior written notice and on reasonable confidentiality and other undertakings,

 

to audit and inspect the person‘s technical and organisational measures for

 

protecting that information in compliance with this Schedule.

 

      (2)  

A person holding information to which this Schedule applies must comply

 

with all reasonable requests or directions by the industry body to enable the

 

industry body to verify that the person is in compliance with their obligations

 

under this Schedule.

 

      (3)  

The industry body must provide a report of its findings on each inspection to

 

the Secretary of State within three months of that inspection. The industry

 

body may publish each report within six months of that inspection and must

 

include with each report any response made by the Secretary of State to that

 

report.’.

 

Transfer of employees (relocation)

 

Alison Seabeck

 

Mr Kevan Jones

 

NC1

 

To move the following Clause:—

 

‘Employees transferred to a company by virtue of arrangements mentioned in

 

section 1 may not be required to geographically relocate outside of the UK

 

without full and proper consultation.’.


 
 

Notices of Amendments: 3 October 2013                  

18

 

Defence REform Bill, continued

 
 

Alison Seabeck

 

Mr Kevan Jones

 

10

 

Clause  1,  page  2,  line  42,  at end add—

 

‘(7A)    

Arrangements mentioned in this section must include provision for contractual

 

obligations to be placed on the company operating the contract for defence

 

procurement services under subsection (2); specifically including provision to

 

prohibit the sale of financial securities in any publicly-listed company appointed

 

under subsection (2) where such sale would result in a change of majority

 

ownership.’.

 

Alison Seabeck

 

Mr Kevan Jones

 

11

 

Clause  6,  page  5,  line  28,  after ‘State’ insert ‘, in accordance with any instruction or

 

guidance that the Secretary of State may provide.’.

 

Code of conduct for relationship between defence contractors and MOD employees or

 

service personnel

 

Alison Seabeck

 

Mr Kevan Jones

 

NC2

 

To move the following Clause:—

 

‘(1)    

A code of conduct shall be prepared by the Ministry of Defence governing contact

 

between members of the armed forces and Ministry of Defence officials and

 

employees or representatives of defence contractors.

 

(2)    

The code of conduct shall contain the following provisions—

 

(a)    

employees of the armed forces or the Ministry of Defence at or above the

 

rank of Brigadier General or the equivalent Civil Service grade, shall be

 

prohibited from undertaking paid employment with a defence contractor

 

unless two years or more have elapsed since the termination of their

 

contract with the armed forces or Ministry of Defence;

 

(b)    

the appointment of an individual as described in subsection (1) by a

 

defence contractor shall be treated as a public appointment;

 

(c)    

individuals employed under the terms of subsection (a) shall not, whilst

 

in the employment of a defence contractor, undertake any activity that

 

brings them into contact with the Ministry of Defence;

 

(d)    

defence contractors shall publish on an annual basis a list of current

 

employees whose appointment was under the terms of subsection (a);

 

(e)    

a register of gifts and hospitality shall be published quarterly by the

 

Ministry of Defence;

 

(f)    

any gift or hospitality to an employee of the Ministry of Defence,

 

member of the armed forces at or above the rank of Brigadier General, or

 

Civil Service equivalent, or spouse or partner of such, of a value greater

 

than £660 from a defence contractor must be placed on the register

 

prepared under subsection (e).

 

(3)    

“Defence contractor” means a company, organisation or person whose main

 

business is in the manufacturing or provision of equipment, works or services for

 

defence purposes.’.


 
 

Notices of Amendments: 3 October 2013                  

19

 

Defence REform Bill, continued

 
 

Duty of Secretary of State to report increases in costs of defence contracts to Parliament

 

Alison Seabeck

 

Mr Kevan Jones

 

NC3

 

To move the following Clause:—

 

‘(1)    

Where it is proposed that the total price payable for the provision of goods, works

 

or services, procured from another person for defence purposes under a contract

 

entered into by the Secretary of State, or a contractor acting on behalf of the

 

Secretary of State under the provisions of section 1, should rise beyond that

 

detailed in the original terms of the contract, the Secretary of State shall—

 

(a)    

lay before both Houses a report detailing the circumstances requiring the

 

increased price,

 

(b)    

withhold approval of any adjustment of the total price for the contract

 

until the report has been laid, and

 

(c)    

write to the chairs of the relevant parliamentary committees indicating

 

that such a report has been laid.’.

 

Alison Seabeck

 

Mr Kevan Jones

 

12

 

Schedule  5,  page  45,  line  10,  leave out lines 10 and 11 and insert—

 

    ‘(1)  

A person commits an offence if—

 

(a)    

the person discloses information, or

 

(b)    

information is disclosed or lost as a result of the person‘s failure to

 

prevent the disclosure or loss through measures taken under sub-

 

paragraph (2), and

 

(c)    

it is information to which this Schedule applies.

 

      (2)  

A person holding information to which this Schedule applies must take

 

adequate technical and organisational measures against unauthorised or

 

unlawful disclosure of, and against accidental loss of, the information.’.

 

Alison Seabeck

 

Mr Kevan Jones

 

13

 

Schedule  5,  page  45,  line  40,  after ‘being’ insert ‘lawfully’.

 

Alison Seabeck

 

Mr Kevan Jones

 

14

 

Schedule  5,  page  46,  line  16,  leave out ‘in response to a request’.

 

Alison Seabeck

 

Mr Kevan Jones

 

15

 

Schedule  5,  page  46,  line  16,  at end insert ‘where there is a requirement to disclose

 

notwithstanding available defences,’.

 

Alison Seabeck

 

Mr Kevan Jones

 

16

 

Schedule  5,  page  46,  line  28,  at end add—


 
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