House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

Notices of Amendments: 4 September 2013
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and Trade Union Administration Bill, continued

(c)
the making, giving or issuing by the Government of, or the taking of any

other steps by the Government in relation to—

(i)
any contract or other agreement;

(ii)
any grant or other financial assistance; or

(iii)
any licence or other authorisation; or

(d)
the exercise of any other function of the Government.’.

Mr Graham Allen

Paul Flynn

Sheila Gilmore

Fabian Hamilton

Mrs Eleanor Laing

50

Clause  2,  page  2,  line  32,  at end add—

‘“senior civil servant” means a person holding a position of Grade 5 or

above in the civil service of the state.

“special advisor” has the same meaning as in the Constitutional Reform and

Governance Act 2010.’.

Mr Graham Allen

Paul Flynn

Sheila Gilmore

Fabian Hamilton

Mr Andrew Turner

51

Clause  2,  page  2,  line  7,  leave out subsection (3) and insert—

‘(3)
The communications within this subsection are oral or written communications

made personally to a Minister of the Crown or permanent secretary or senior civil

servant or special advisor relating to—

(a)
the development, adoption or modification of any proposal of the

Government to make or amend primary or subordinate legislation;

(b)
the development, adoption or modification of any other policy of the

Government;

(c)
the making, giving or issuing by the Government of, or the taking of any

other steps by the Government in relation to—

(i)
any contract or other agreement;

(ii)
any grant or other financial assistance; or

(iii)
any licence or other authorisation; or

(d)
the exercise of any other function of the Government.’.

Mr Graham Allen

Paul Flynn

Sheila Gilmore

Fabian Hamilton

Mrs Eleanor Laing

Mr Andrew Turner

52

Schedule  1,  page  50,  line  18,  leave out paragraph 3.

Notices of Amendments: 4 September 2013
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and Trade Union Administration Bill, continued

Mr Graham Allen

Paul Flynn

Sheila Gilmore

Fabian Hamilton

Mrs Eleanor Laing

Mr Andrew Turner

53

Schedule  1,  page  50,  line  11,  leave out paragraph 2.

Mr Graham Allen

Paul Flynn

Sheila Gilmore

Fabian Hamilton

Mrs Eleanor Laing

Mr Andrew Turner

54

Schedule  1,  page  51,  line  35,  after ‘kind’, insert ‘but a reference to payment does

not include a reference to the salary a Member of the House of Commons receives in that

capacity.’.

Mr Graham Allen

Paul Flynn

Sheila Gilmore

Fabian Hamilton

Mrs Eleanor Laing

Mr Andrew Turner

55

Schedule  1,  page  51,  line  42,  at end add—

‘(4)
In this section—

“salary of a Member of the House of Commons” has the same meaning as

in the Parliamentary Standards Act 2009.’.

Mr Graham Allen

Paul Flynn

Sheila Gilmore

Fabian Hamilton

Mrs Eleanor Laing

Mr Andrew Turner

56

Clause  5,  page  3,  line  47,  at end add—

‘(c)
if the registered person engaged in lobbying in the quarter in return for

payment (whether or not the payment has been received), the purpose and

subject matter of the lobbying services provided by the registered person;

and

(d)
if the registered person received payment in the quarter to engage in

lobbying (whether or not the lobbying has been done) the purpose and

subject matter of the lobbying services provided by the registered

person.’.

Mrs Anne Main

57

Page  1,  line  11,  leave out Clause 2.

Notices of Amendments: 4 September 2013
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and Trade Union Administration Bill, continued

Definition of consultant lobbying

Mrs Anne Main

NC5

To move the following Clause:—

‘(1)
In section 1 “consultant lobbying” means activities which are carried out in the

course of a business for the purpose of—

(a)
influencing government; or

(b)
advising others how to influence government.

(2)
Activities are to be taken as having the purpose specified in subsection (1) if a

reasonable person would assume, having regard to all the circumstances, that the

activities were intended to have the effect described in subsection (1)(a) or (b).

(3)
In this section “government” includes, within the United Kingdom—

(a)
central government, devolved government, local government;

(b)
members and staff of either House of Parliament or of a devolved

legislature;

(c)
Ministers and officials; and

(d)
public authorities (within the meaning of section 6 of the Human Rights

Act 1998).

(4)
Subsection (1) does not include—

(a)
anything done in response to or compliance with a court order;

(b)
anything done for the purpose of complying with a requirement under an

enactment;

(c)
a public response to an invitation to submit information or evidence;

(d)
a public response to a government consultation exercise;

(e)
a formal response to a public invitation to tender;

(f)
anything done by a person acting in an official capacity on behalf of a

government organisation; or

(g)
an individual who makes representations solely on his or her own behalf.

(5)
In subsection (1) “influencing” includes informing, but making information or

opinions public (for example, by way of advertisements or attributed articles in a

newspaper) is not the provision of lobbying services.

(6)
In this section—

(a)
“business” includes any undertaking, including charitable and not-for-

profit undertakings; and

(b)
services provided by or on behalf of an undertaking are provided “in the

course of a business”, even if the persons providing the services are

acting on a pro bono, volunteer or not-for-profit basis.

(7)
Subsection (1) applies whether a person is acting—

(a)
on behalf of a client;

(b)
on behalf of an employer;

(c)
as a volunteer on behalf of a charitable or other organisation; or

(d)
on the person’s own behalf (subject to subsection (4)(g)); but the

Secretary of State may by regulations made by statutory instrument

permit persons who provide lobbying services on behalf of an

organisation (in any capacity) to rely on the organisation’s registration.

(8)
The Secretary of State may by regulations made by statutory instrument provide

that a person does not contravene section 1 by providing lobbying services

without being registered, provided that the person becomes registered within a

Notices of Amendments: 4 September 2013
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specified period beginning with the first date on which those services were

provided.’.

Wayne David

58

Page  12,  line  17,  leave out Clauses 26 to 33.

Wayne David

59

Page  12,  line  20,  leave out Clause 26.

Wayne David

60

Clause  26,  page  12,  leave out line 30.

Wayne David

61

Page  54,  line  29,  leave out Schedule 3.

Wayne David

62

Clause  26,  page  12,  leave out lines 24 to 44.

Wayne David

63

Clause  26,  page  13,  leave out lines 1 to 8.

Wayne David

64

Clause  26,  page  12,  line  31,  leave out ‘or in connection with’.

Wayne David

65

Schedule  3,  page  57,  line  38,  at end insert—

‘Exclusions

    (1)
Nothing in paragraph 1 shall be taken as extending to—

(a)
any expenses in respect of newsletters or similar publications issued

by or on behalf of the party with a view to giving electors in a

particular electoral area information about the opinions or activities of,

or other personal information relating to, their elected representatives

or existing or prospective candidates;

(b)
any expenses incurred in respect of unsolicited material addressed to

party members;

(c)
any expenses in respect of any property, services or facilities so far as

those expenses fall to be met out of public funds;

(d)
any expenses incurred in respect of the remuneration or allowances

payable to any member of the staff (whether permanent or otherwise)

of the party; or

(e)
any expenses incurred in respect of an individual by way of travelling

expenses (by any means of transport) or in providing for his

Notices of Amendments: 4 September 2013
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and Trade Union Administration Bill, continued

accommodation or other personal needs to the extent that the expenses

are paid by the individual from his own resources and are not

reimbursed to him.

      (2)
Sub-paragraph (1)(a) does not apply in relation to any expenses which are

incurred—

(a)
in respect of newsletters or similar publications issued by or on behalf

of a party with a view to giving electors in a particular electoral area

information about the opinions or activities of, or other personal

information relating to, a member of the European Parliament elected

in Great Britain (including the combined region) or existing or

prospective candidates for such election; and

(b)
within the period of four months ending with the date of the poll for an

election to the European Parliament.’.

Wayne David

66

Clause  27,  page  13,  leave out lines 32 to 35.

Wayne David

67

Clause  27,  page  13,  leave out lines 36 to 45.

Wayne David

68

Clause  27,  page  14,  leave out lines 1 and 2.

Wayne David

69

Page  14,  line  3,  leave out Clause 28.

Wayne David

70

Clause  30,  page  23,  line  24,  leave out subsection (3) and insert—

‘(3)
After subsection (4) insert—

“(5)
If the Minister considers it appropriate to proceed with the making of an

order under section 155 of the Political Parties, Election and

Referendums Act 2000, the Minister must lay before Parliament—

(a)
a draft of the Order, and

(b)
an explanatory document explaining the proposals.

(6)
Sections 15 to 19 of the Legislative and Regulatory Reform Act 2006

(choosing between negative, affirmative and super-affirmative

parliamentary procedure) are to apply in relation to an explanatory

document and draft order laid under section 155 but as if references to

section 14 of that Act were references to section 155.”.’.

Wayne David

71

Clause  32,  page  26,  leave out from line 27 to line 20 on page 28.

Notices of Amendments: 4 September 2013
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and Trade Union Administration Bill, continued

Wayne David

72

Clause  33,  page  33,  line  14,  at end insert—

‘(c)
that the Commission are satisfied that controlled expenditure incurred by

or on behalf of a recognised third party in any relevant part or parts of the

United Kingdom does not exceed the limits in Clause 27, subsection

(1).’.

Wayne David

73

Clause  40,  page  47,  line  34,  at end add—

‘(c)
that the Electoral Commission must lay before Parliament—

(i)
full cost projections of the impact of Part 2 on their running

costs;

(ii)
their assessment of the administrative impact on third parties


within one month of Royal Assent.’.

Wayne David

74

Clause  41,  page  47,  line  36,  after ‘day’, insert ‘but not before 8 May 2015’.

Wayne David

75

Clause  41,  page  48,  line  11,  leave out paragraph (b).

Mr Andrew Lansley

76

Clause  1,  page  1,  line  6,  leave out from ‘person’ to end of line 7.

Mr Andrew Lansley

77

Clause  2,  page  2,  line  3,  after ‘persons,’ insert—

‘(aa)
the person is registered under the Value Added Tax Act 1994,’.

Mr Andrew Lansley

78

Clause  2,  page  2,  line  28,  at end insert ‘a person serving the government in’.

Mr Andrew Lansley

79

Clause  2,  page  2,  line  29,  leave out ‘a person holding’.

Mr Andrew Lansley

80

Clause  2,  page  2,  line  31,  leave out ‘a person holding’.

Mr Andrew Lansley

81

Clause  12,  page  6,  line  22,  leave out subsection (1) and insert—

‘( )
If a person carries on the business of consultant lobbying in breach of section 1(1)

(lobbying whilst unregistered), an offence is committed by—

Notices of Amendments: 4 September 2013
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and Trade Union Administration Bill, continued

(a)
the person, and

(b)
any employee of the person who engages in lobbying in the course of that

business.’.

Mr Andrew Lansley

82

Clause  22,  page  10,  line  28,  leave out subsection (3).

Mr Andrew Lansley

83

Clause  23,  page  11,  line  13,  at end insert—

‘( )
Regulations under subsection (1) may make provision permitting or requiring the

Commissioners for Her Majesty’s Revenue and Customs to supply to the

Registrar, on request, such information regarding any person who is, or is

required to be, registered under the Value Added Tax Act 1994 as is specified in

the regulations.’.

Mr Andrew Lansley

84

Clause  25,  page  11,  line  31,  leave out from ‘lobbying’ to end of line 32.

Mr Andrew Lansley

85

Clause  25,  page  12,  line  1,  at end insert ‘of consultant lobbyists’.

Mr Andrew Lansley

86

Clause  29,  page  22,  line  5,  leave out ‘or the recognised third party’.

Mr Andrew Lansley

87

Clause  29,  page  22,  line  18,  leave out ‘or the recognised third party’.

Mr Andrew Lansley

88

Clause  32,  page  29,  line  11,  after ‘section’ insert ‘in relation to a recognised third

party’.

Mr Andrew Lansley

89

Clause  32,  page  29,  line  12,  after ‘section 58’ insert ‘in relation to a registered

party’.

Mr Andrew Lansley

90

Clause  32,  page  30,  line  39,  leave out ‘3(3)’ and insert ‘3(3)(c)’.

Mr Andrew Lansley

91

Schedule  1,  page  50,  line  18,  after ‘not’ insert ‘, by reason of making a

communication,’.



© Parliamentary copyright	Revised 5 September 2013