Session 2013 - 14
Internet Publications
Other Bills before Parliament


 
 

67

 

House of Commons

 
 

Thursday 17 October 2013

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Defence Reform Bill


 

Note

 

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

 

Committee [3 September 2013]

 


 

Alison Seabeck

 

40

 

Clause  24,  page  17,  line  10,  after ‘planning’, insert ‘applicable to qualifying

 

defence contracts’.

 


 

Mr Philip Dunne

 

22

 

Clause  25,  page  18,  line  11,  leave out ‘or 24’ and insert ‘, 24 or 26’.

 

Mr Philip Dunne

 

23

 

Clause  25,  page  18,  line  31,  leave out ‘or 24’ and insert ‘, 24 or 26’.

 

Mr Philip Dunne

 

That Clause 25 be transferred to line 9 on page 19.

 



 
 

Public Bill Committee: 17 October 2013                  

68

 

Defence Reform Bill, continued

 
 

Alison Seabeck

 

41

 

Clause  27,  page  19,  line  43,  at end add ‘so long as that direction does not place

 

suppliers in one country at a disadvantage compared to those in other countries.’.

 


 

Mr Philip Dunne

 

24

 

Clause  28,  page  20,  line  18,  after ‘State’ insert ‘, an authorised person’.

 

Mr Philip Dunne

 

25

 

Clause  28,  page  20,  line  40,  after ‘State’ insert ‘, an authorised person’.

 


 

Alison Seabeck

 

53

 

Parliamentary Star - white    

Clause  34,  page  24,  line  29,  after ‘contract’, insert ‘ a qualifying sub-contract or a

 

proposed sub-contract,’.

 

Alison Seabeck

 

54

 

Parliamentary Star - white    

Clause  34,  page  24,  line  39,  at end add—

 

‘(e)    

the sub-contractor (in the case of qualifying sub-contract);

 

(f)    

the prospective sub-contractor (in the case of a proposed sub-contract).

 


 

Alison Seabeck

 

42

 

Clause  35,  page  25,  line  29,  at end add ‘and to a primary contractor on request of

 

that primary contractor’.

 

Mr Philip Dunne

 

26

 

Clause  35,  page  25,  line  33,  leave out subsection (5).

 


 

Mr Philip Dunne

 

27

 

Schedule  5,  page  44,  line  32,  after ‘State’ insert ‘, an authorised person’.

 

Mr Philip Dunne

 

28

 

Schedule  5,  page  45,  line  7,  after ‘State’ insert ‘, an authorised person’.


 
 

Public Bill Committee: 17 October 2013                  

69

 

Defence Reform Bill, continued

 
 

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—

 

‘(1)    

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.

 

(2)    

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.’.

 

Alison Seabeck

 

Mr Kevan Jones

 

17

 

Schedule  5,  page  47,  line  13,  at end add—

 

‘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,


 
 

Public Bill Committee: 17 October 2013                  

70

 

Defence Reform Bill, continued

 
 

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.’.

 


 

Alison Seabeck

 

43

 

Clause  38,  page  26,  line  10,  at end insert—

 

‘(1A)    

Before undertaking a review under this section the SSRO must consult the

 

industry body and those persons as it thinks fit and must have regard to the results

 

of that consultation.

 

(1B)    

Where by virtue of subsection (2) the SSRO has held consultations in relation to

 

proposals for this Part and regulations under this Part, it must, when

 

recommending changes to the Secretary of State, in accordance with subsection

 

(4) below, publish a report of the results of those consultations, and of its

 

conclusions.’.

 

Alison Seabeck

 

44

 

Clause  38,  page  26,  line  16,  at end insert—

 

‘(3A)    

Changes made to this Part and to the regulations under this Part must not be made

 

unless a draft of a statutory instrument containing them has been laid before

 

Parliament and approved by a resolution of each House of Parliament. The

 

Secretary of State must when laying the instrument before Parliament also

 

publish the reasons for any differences between the recommendations made by

 

SSRO and terms of the draft statutory instrument so laid.’.

 


 

Alison Seabeck

 

45

 

Clause  41,  page  27,  line  15,  at end insert—

 

‘“industry body” means any body which appears to the Secretary of State

 

appropriate to represent manufacturers and suppliers;

 

“manufacture” includes assembly, install and service and “manufacturer”

 

means any person who manufactures goods for defence purposes;

 

“supplier” means any person who supplies goods, works or services for

 

defence purposes.’.

 



 
 

Public Bill Committee: 17 October 2013                  

71

 

Defence Reform Bill, continued

 
 

Mr Kevan Jones

 

48

 

Clause  43,  page  28,  line  36,  at end insert—

 

‘(7A)    

After Section 62, insert—

 

“62A  

Deferral of call-out liability

 

(1)    

A member of the Reserve Forces who is self-employed may defer

 

liability for call-out for a period of up to 12 months if they show to the

 

satisfaction of the Defence Council or any authorised officer that there is

 

good reason why their liability should be deferred.

 

(2)    

A member of the Reserve Forces who is employed by a company,

 

organisation or person whose main business is in the manufacturing or

 

provision of equipment, works or services for defence purposes may

 

defer liability for call-out for a period of up to 12 months if they show to

 

the satisfaction of the Defence Council or any authorised officer that

 

there is good reason why their liability should be deferred.”.’.

 


 

Mr Kevan Jones

 

49

 

Clause  44,  page  29,  line  23,  at end insert ‘, or

 

‘(d)    

undertakes activities as a special member of the reserve forces

 

(“Sponsored Reserves”).’.

 

Mr Kevan Jones

 

50

 

Clause  44,  page  29,  line  36,  at end insert—

 

‘(5A)    

Regulations under this section may provide for variation in payment size on the

 

basis of the recipient company, specifically including provision for larger

 

payments to be provided to companies defined as “small” or “medium” under

 

Sections 382 and 465 of the Companies Act 2006 or individuals who are self-

 

employed.’.

 

Mr Kevan Jones

 

51

 

Clause  44,  page  29,  line  36,  at end insert—

 

‘(5A)    

Regulations under this section may only provide for payments to be made to

 

employers which meet the definition of a “small” or “medium” sized company

 

under sections 382 and 465 of the Companies Act 2006 or individuals who are

 

self-employed.’.

 


 

Mr Kevan Jones

 

52

 

Clause  46,  page  30,  line  21,  at end insert ‘and British Overseas Territories’.

 



 
 

Public Bill Committee: 17 October 2013                  

72

 

Defence Reform Bill, continued

 
 

New Clauses

 

Recovery of unpaid amounts

 

Mr Philip Dunne

 

NC4

 

To move the following Clause:—

 

‘(1)    

This section applies where—

 

(a)    

the SSRO determines by virtue of section 18(3)(b), 20(6) or 21(3)(b) that

 

the price payable under a qualifying defence contract is to be adjusted,

 

and

 

(b)    

as a result of the adjustment—

 

(i)    

the Secretary of State is required to pay an amount to the primary

 

contractor, or

 

(ii)    

the primary contractor is required to repay an amount to the

 

Secretary of State.

 

(2)    

If all or part of the amount mentioned in subsection (1)(b)(i) or (ii) is not paid or

 

repaid before the payment date, the unpaid balance carries interest from that date

 

at the rate for the time being specified in section 17 of the Judgments Act 1838.

 

(3)    

The “payment date” is the date determined by the SSRO, in making the

 

determination in question, as the date by which the amount must be paid or

 

repaid.

 

(4)    

The person to whom the amount is required to be paid or repaid (“the creditor”)

 

may recover from the other person as a debt due to the creditor the unpaid balance

 

and any unpaid interest.’.

 


 

Single source contract regulations: time limits and determinations

 

Mr Philip Dunne

 

NC5

 

To move the following Clause:—

 

‘(1)    

Single source contract regulations may make provision imposing limits in

 

relation to the time within which an application, reference or appeal to the SSRO

 

under this Part or the regulations may be made.

 

(2)    

Single source contract regulations may specify matters to which the SSRO must

 

have regard in making a determination under this Part or the regulations.’.

 



 
 

Public Bill Committee: 17 October 2013                  

73

 

Defence Reform Bill, continued

 
 

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.’.

 


 

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.’.

 



 
contents continue
 

© Parliamentary copyright
Revised 17 October 2013