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| | New Amendments handed in are marked thus  |
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| | Transparency of Lobbying, Non-Party Campaigning and
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| | Trade Union Administration Bill
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| | | The Amendments have been arranged in accordance with the Transparency of |
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| | | Lobbying, Non-Party Campaigning and Trade Union Administration Bill |
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| | | (Programme No.2) Motion to be proposed by Mr Andrew Lansley. |
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| | NEW CLAUSES AND NEW SCHEDULES RELATING TO PART 1 |
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| | To move the following Clause:— |
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| | | ‘Nothing in this Act shall be construed by any court in the United Kingdom as |
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| | | affecting Article IX of the Bill of Rights 1689.’. |
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| | | Duty to apply a code of conduct |
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| | To move the following Clause:— |
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| | | ‘(1) | The Registrar shall, after wide consultation with relevant stakeholders including |
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| | | the Political and Constitutional Reform Select Committee, prepare a code of |
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| | | conduct with which all registered persons will be required to comply, and may |
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| | | produce revised codes from time to time. |
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| | | (2) | The Secretary of State must lay any professional lobbying code of conduct before |
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| | | (3) | Any code shall provide that any inappropriate financial relations between |
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| | | registered persons and Parliamentarians are strictly forbidden. |
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| | | (4) | An organisation or person included on the register which contravenes the |
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| | | provisions of the code of conduct shall be liable to civil penalties as set out in |
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| | | Penalty for bribery and corruption |
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| | To move the following Clause:— |
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| | | ‘If the Registrar determines that a person registered under section 4 has breached |
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| | | the Bribery Act 2010, that person will be removed from the register.’. |
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| | To move the following Clause:— |
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| | | ‘The Registrar will report annually to the Political and Constitutional Reform |
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| | | Committee of the House of Commons on the operation of the Register.’. |
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| | To move the following Clause:— |
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| | | ‘A person does not carry on the business of consultant lobbying if— |
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| | | (a) | the person is a constituent contacting or communicating with their |
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| | | (b) | the person is making communications solely on his or her own behalf; |
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| | | (c) | the person is responding to a government consultation exercise; |
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| | | (d) | the person is responding to an invitation to submit information or |
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| | | evidence to a Committee of either House of Parliament; |
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| | | (e) | the person is acting in an official capacity on behalf of a government |
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| | | (f) | the person is making communications without remuneration; or |
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| | | (g) | the person is responding to or complying with a court order.’. |
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| | To move the following Clause:— |
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| | | ‘The Government must disclose the names of all persons who are professional |
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| | | lobbyists that work for them including— |
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| | | (a) | persons who are employed directly by the Government; |
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| | | (b) | persons who are formally employed by the political party or parties that |
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| | | (c) | persons who are employed by the Government on a temporary basis as |
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| | To move the following Clause:— |
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| | | ‘(1) | Any professional lobbyist registered under section 1 of the Act taking up a senior |
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| | | position in Government will— |
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| | | (a) | have their appointment scrutinised by a Committee; |
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| | | (b) | have restrictions placed on their activities set out in subsection (3). |
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| | | (2) | “Senior position in Government” means a senior civil servant or their equivalent. |
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| | | (3) | The Minister, after consultation with relevant stakeholders, may make |
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| | | regulations about the activities set out in (1)(a).’. |
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| | AMENDMENTS RELATING TO CLAUSES 1 aND 2, SCHEDULE 1, CLAUSE 3, SCHEDULE 2, |
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| | Clause 2, page 2, line 1, leave out ‘a business’ and insert ‘their lobbying activity’. |
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| | Clause 2, page 2, line 3, after ‘persons’, insert ‘or employer’. |
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| | Clause 2, page 2, line 4, leave out paragraph (b) and insert— |
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| | | ‘(ba) | the person concerned is trading as a sole trader or company, or is an |
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| | | employee of such a person’. |
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| | Clause 2, page 2, line 8, leave out subsection (3) and insert— |
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| | | ‘(3) | The communications within this subsection are oral or written communications |
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| | | made personally to a Member of either House of Parliament, a Minister of the |
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| | | Crown or permanent secretary or senior civil servant or special adviser relating |
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| | | (a) | the development, adoption or modification of any proposal of the |
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| | | Government to make or amend primary or subordinate legislation; |
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| | | (b) | the development, adoption or modification of any other policy of the |
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| | | (c) | the making, giving or issuing by the Government of, or the taking of any |
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| | | other steps by the Government in relation to— |
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| | | (i) | any contract or other agreement, |
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| | | (ii) | any grant or other financial assistance, or |
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| | | (iii) | any licence or other authorisation; or |
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| | | (d) | the exercise of any other function of the Government.’. |
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| | Clause 2, page 2, line 8, leave out subsection (3) and insert— |
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| | | ‘(3) | The communications within this subsection are oral or written communications |
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| | | made personally to a Minister of the Crown or permanent secretary or senior civil |
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| | | servant or special adviser relating to— |
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| | | (e) | the development, adoption or modification of any proposal of the |
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| | | Government to make or amend primary or subordinate legislation; |
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| | | (f) | the development, adoption or modification of any other policy of the |
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| | | (g) | the making, giving or issuing by the Government of, or the taking of any |
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| | | other steps by the Government in relation to— |
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| | | (iv) | any contract or other agreement, |
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| | | (v) | any grant or other financial assistance, or |
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| | | (vi) | any licence or other authorisation; or |
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| | | (h) | the exercise of any other function of the Government.’. |
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| | Clause 2, page 2, line 8, after ‘written’, insert ‘, including electronic,’. |
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| | Clause 2, page 2, line 9, leave out from ‘communications’ to ‘relating’ in line 10 |
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| | and insert ‘are made to government or parliament’. |
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| | Clause 2, page 2, line 10, after ‘secretary’, insert ‘or special adviser’. |
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| | Clause 2, page 2, line 12, after ‘subordinate’, insert ‘or European’. |
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| | Clause 2, page 2, line 20, at end insert ‘or parliament’. |
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| | Clause 2, page 2, line 21, leave out ‘Minister or permanent secretary’ and insert |
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| | Clause 2, page 2, line 25, leave out from beginning of line 25 to end of subsection |
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| | | “government and parliament” includes within the United Kingdom— |
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| | | (a) | Ministers or officials of government departments; |
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| | | (b) | Members and staff of either House of Parliament; |
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| | | (c) | Special Advisers and senior civil servants; |
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| | | (d) | Non-Ministerial Departments, Non-departmental public bodies |
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| | | and executive agencies and their senior staff; and |
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| | | (e) | Advisers and consultants to government and parliament within |
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| | | the meaning of this subsection, who are not employed by, or |
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| | | seconded to government or parliament but have an official, if |
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| | Clause 2, page 2, line 33, at end add— |
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| | | ‘“senior civil servant” means a person holding a position of Grade 5 or |
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| | | above in the Civil Service of the State. |
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