Session 2015-16
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1

 

House of Commons

 
 

Friday 5 February 2016

 

Consideration of Bill (Report Stage)

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Riot Compensation Bill


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 


 

Mike Wood

 

1

 

Clause  3,  page  3,  line  16,  at end insert—

 

“( )    

Regulations under subsection (3)(b) or (3)(d) must provide that—

 

(a)    

the time period within which a claim may be made ends no earlier than

 

42 days from the date of the riot;

 

(b)    

the time period within which details and evidence must be submitted ends

 

no earlier than 90 days from the date the claimant first made the claim.”

 


 

Mr David Lammy

 

4

 

Clause  8,  page  5,  line  19,  leave out from “compensation” to “that”

 

Member’s explanatory statement

 

This amendment would remove the £1 million compensation cap.

 

Mr David Lammy

 

6

 

Clause  8,  page  5,  line  19,  leave out from “maximum” to “per”

 

Member’s explanatory statement

 

Amendments 6 and 7 together represent an alternative to amendment 4 and to amendment 5. They

 

would make determining the compensation cap subject to parliamentary approval and also


 
 

Consideration of Bill (Report Stage): 5 February 2016      

2

 

Riot Compensation Bill, continued

 
 

provide for its review and revision on the same basis without recourse to further primary

 

legislation.

 

Mr David Lammy

 

5

 

Clause  8,  page  5,  line  19,  leave out “1” and insert “10”

 

Member’s explanatory statement

 

This amendment is an alternative to amendment 4 and would increase the £1 million compensation

 

cap to £10 million.

 

Mr David Lammy

 

7

 

Clause  8,  page  5,  line  20,  at end insert—

 

“(1A)    

The compensation cap (the “cap”) under subsection (1) must be determined, and

 

revised  every three years, by regulations made by the Secretary of State, with the

 

following  elements:

 

(a)    

the cap may apply differently, or be set at a different level, in different

 

areas; and

 

(b)    

the Secretary of State must publish:

 

(i)    

the methodology used; and

 

(ii)    

the first draft determination of the cap for public consultation     

 

within a month of the day after the day on which this Act is

 

passed.

 

(1B)    

The Secretary of State must lay before the House of Commons a draft of the

 

regulations making the final determination or revision in a statutory instrument

 

alongside a statement of whether and how the responses to the public consultation

 

were taken into account.

 

(1C)    

A statutory instrument under subsection (1B) must be laid in draft before the

 

House of Commons and may not be made until approved by resolution of that

 

House.

 

(1D)    

Notwithstanding section 12, section 8 shall come into force on the day after the

 

day on which this Act is passed for the purposes of subsection (1A).

 

(1E)    

Until a determination has been approved by the House of Commons, no cap shall

 

apply.

 

Member’s explanatory statement

 

Amendments 6 and 7 together represent an alternative to amendment 4 and to amendment 5. They

 

would make determining the compensation cap subject to parliamentary approval and also

 

provide for its review and revision on the same basis without recourse to further primary

 

legislation.

 

Mike Wood

 

2

 

Clause  8,  page  5,  line  23,  at end insert “, except in the circumstances described in

 

subsection (2A).

 

(2A)    

Where a claimant’s home is rendered uninhabitable, the amount of compensation

 

may reflect costs that the claimant incurs as a result of needing alternative

 

accommodation.”


 
 

Consideration of Bill (Report Stage): 5 February 2016      

3

 

Riot Compensation Bill, continued

 
 

Mike Wood

 

3

 

Clause  8,  page  5,  line  26,  at end insert—

 

“( )    

considerations that decision-makers must take into account in deciding the

 

amount of compensation payable as a result of a claimant needing alternative

 

accommodation (and the regulations may include provision limiting the amount

 

of time for which the costs of alternative accommodation may be claimed),”

 

Mr David Lammy

 

8

 

Clause  8,  page  5,  line  29,  at end insert—

 

“(3A)    

Money received by the claimant from emergency or recovery funds, whether    

 

funded publicly or privately, in the aftermath of a riot must not be taken into       

 

account by the decision maker when deciding the amount of compensation to be      

 

paid.

 

Member’s explanatory statement

 

This amendment would ensure that money received by the claimant for the purposes of emergency

 

relief or recovery in the immediate aftermath of a riot is not seen in the same category as

 

compensation under the purposes of this Bill and therefore reduce the amount a claimant might

 

receive.

 

Mr David Lammy

 

9

 

Clause  8,  page  6,  leave out lines 16 and 17

 

Member’s explanatory statement

 

This amendment is consequential on amendment 4 and on amendment 7.

 

Mr David Lammy

 

10

 

Clause  8,  page  6,  line  17,  at end insert—

 

    

“The Secretary of State shall make arrangements for the production of, and lay

 

before each House, a report of an assessment of the effectiveness of the

 

provisions of this Act, from time to time, but also—

 

(a)    

after any riot in relation to which compensation was paid under this Act;

 

and

 

(b)    

after each period of five years beginning on the date that section 8 came

 

into force.”

 

Member’s explanatory statement

 

This amendment would require the Government to undertake post-legislative scrutiny.

 


 

 

Revised 04 February 2016