Session 2015-16
Internet Publications
Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Thursday 25 February 2016

 

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

 

Enterprise Bill [Lords]


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end.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

 

accordance with the Order of the Committee [9 February 2016].

 


 

Bill Esterson

 

Kevin Brennan

 

103

 

Clause  35,  page  50,  line  38,  at end insert—

 

“( )    

Regulations shall make provision to require prescribed public sector authorities

 

to consider, prior to making a public sector exit payment—

 

(a)    

whether the payment being paid is appropriate; and

 

(b)    

whether the payment would provide value for money.”

 

Member’s explanatory statement

 

This amendment would ensure that when considering staff for exits value for money is considered.

 

Bill Esterson

 

Kevin Brennan

 

121

 

Clause  35,  page  50,  line  40,  leave out subsection (g)

 

Member’s explanatory statement

 

This amendment would remove payment in lieu of notice from the public sector redundancy exit

 

payment cap.


 
 

Public Bill Committee: 25 February 2016                  

2

 

Enterprise Bill-[Lords], continued

 
 

Bill Esterson

 

Kevin Brennan

 

105

 

Clause  35,  page  51,  line  7,  at end insert ”, including payments relating to

 

employees earning less than £27,000 per year”

 

Member’s explanatory statement

 

This amendment would provide that regulations may exempt from the public sector exit payment

 

cap those earning less than £27,000.

 

Bill Esterson

 

Kevin Brennan

 

106

 

Clause  35,  page  51,  line  7,  at end insert ”, including cases relating to employees

 

who have been in long-term service”

 

Member’s explanatory statement

 

This amendment would provide that regulations may exempt from the public sector exit payment

 

cap employees who have provided ‘long service’.

 

Bill Esterson

 

Kevin Brennan

 

107

 

Clause  35,  page  51,  line  7,  at end insert ”, including any period of institutional

 

reorganisation being implemented within two years of the passing of this Act”

 

Member’s explanatory statement

 

This amendment would provide that regulations may make exemptions from public sector exit

 

payment cap for any period of institutional reorganisation being implemented within two years of

 

this Act.

 

Bill Esterson

 

Kevin Brennan

 

108

 

Clause  35,  page  51,  line  7,  at end insert ”, including where the full council of a local

 

authority decides to grant a waiver of the cap”

 

Member’s explanatory statement

 

This amendment would provide that regulations may make exemptions where the full council of the

 

local authority decide to grant a waiver of the cap.

 

Bill Esterson

 

Kevin Brennan

 

122

 

Clause  35,  page  51,  leave out lines 18 and 19 and insert—

 

“(9)    

The amount for the time being specified in subsection (1) shall be increased by

 

order made by the Secretary of State every year by a revaluation percentage.

 

(9A)    

The revaluation percentage to be specified in section (9) is the percentage

 

increase in the general level of earnings in Great Britain in that year.”

 

Member’s explanatory statement

 

This amendment would ensure that the level of the cap is maintained in real terms.


 
 

Public Bill Committee: 25 February 2016                  

3

 

Enterprise Bill-[Lords], continued

 
 

Bill Esterson

 

Kevin Brennan

 

123

 

Clause  35,  page  51,  leave out lines 20 to 24 and insert—

 

“(10)    

Nothing in this section applies in relation to payments made by the bodies listed

 

in NS3.”

 

Member’s explanatory statement

 

This amendment would exclude employees of companies listed at NS3 operated by the private

 

sector from the scope of the proposed cap.

 

Bill Esterson

 

Kevin Brennan

 

124

 

Clause  35,  page  52,  line  35,  at end insert—

 

“(2A)    

All prescribed public sector authorities may relax the restrictions imposed by

 

regulations made under section 153A, if certain conditions are met.

 

(2B)    

The Secretary of State shall by regulations made by statutory instrument specify

 

the conditions to be met under subsection (2A).”

 

Member’s explanatory statement

 

This amendment would extend the waiver in respect of the cap to all public sector authorities.

 

Bill Esterson

 

Kevin Brennan

 

125

 

Clause  35,  page  53,  line  24,  at end insert—

 

“153D

Reporting and referral mechanisms to be included in regulations under

 

section 153A

 

(1)    

The Secretary of State shall by regulation make provision in relation to

 

restrictions imposed by section 153A where the exit payment relates to a potential

 

claim under Part IVA of the Employment Rights Act 1996 (protected

 

disclosures).

 

(2)    

Regulations under subsection (1) shall—

 

(a)    

provide for the creation of a regulatory referral system, to apply where an

 

exit payment relates to a potential claim under Part IVA of the

 

Employment Rights Act 1996, in circumstances where—

 

(i)    

the Minister of the Crown as described in section 153C considers

 

it appropriate; and

 

(ii)    

there has been suspected or likely wrongdoing, malpractice,

 

health and safety risk, breach of law or regulation; and

 

(b)    

provide that any individual who is subject to an exit payment as described

 

in subsection (1) shall have access to legal advice on section 43J of the

 

Employment Rights Act 1996 (contractual duties of confidentiality).

 

(3)    

The Secretary of State or the Treasury shall periodically produce guidance on exit

 

payments made in accordance with section 153D(1) for relevant public sector

 

employees as described in section 153A(2).”

 

Member’s explanatory statement

 

This amendment would provide further protections for employees who have made protected

 

disclosures when being considered for exits.

 



 
 

Public Bill Committee: 25 February 2016                  

4

 

Enterprise Bill-[Lords], continued

 
 

Bill Esterson

 

Kevin Brennan

 

126

 

Schedule  4,  page  68,  line  6,  after “reduction),” insert “in (7) replace “is entitled to,

 

and must take immediate payment of” with “may elect to receive immediate payment of”

 

and”

 

Member’s explanatory statement

 

The amendment would give an individual the choice to take a pension immediately or delay taking

 

it under the Local Government Pensions Scheme on being made redundant or because of business

 

efficiency if under the exit payment cap such a payment would need to be actuarially reduced.

 


 

New Clauses

 

Anna Soubry

 

NC1

 

To move the following Clause—

 

         

“Power of Welsh Ministers to apply regulators’ principles and code of

 

practice

 

    

In section 24 of the Legislative and Regulatory Reform Act 2006 (application of

 

regulators’ principles and code of practice to functions specified by order)—

 

(a)    

for paragraph (c) of subsection (3) (Wales: limit on power of Minister of

 

the Crown to specify functions) substitute—

 

“(c)    

a Welsh regulatory function.”;

 

(b)    

in subsection (4) (power of Welsh Ministers to specify functions) for

 

“regulatory functions exercisable only in or as regards Wales” substitute

 

“Welsh regulatory functions”;

 

(c)    

in subsection (10) (definitions) at the appropriate place insert—

 

““Welsh regulatory function” means a regulatory function, so far as

 

exercisable in relation to Wales, if or to the extent that the

 

function relates to matters—

 

(a)    

within the legislative competence of the National

 

Assembly for Wales (see section 108 of the Government

 

of Wales Act 2006), or

 

(b)    

in respect of which functions are exercisable by the

 

Welsh Ministers.”.”

 

Member’s explanatory statement

 

This new Clause gives power to the Welsh Ministers (instead of a Minister of the Crown) to make

 

orders applying the regulators’ principles and code of practice in relation to functions relating to

 

matters within the legislative competence of the National Assembly for Wales, or in respect of

 

which functions are exercisable by the Welsh Ministers.

 



 
 

Public Bill Committee: 25 February 2016                  

5

 

Enterprise Bill-[Lords], continued

 
 

Anna Soubry

 

NC2

 

To move the following Clause—

 

         

“Devolved Welsh matters

 

(1)    

The Regulatory Enforcement and Sanctions Act 2008 is amended as follows.

 

(2)    

In each of the following provisions, for “Welsh ministerial” substitute “devolved

 

Welsh”—

 

(a)    

in section 4 (meaning of “relevant function”), subsections (6) and (8)(b);

 

(b)    

in section 6 (guidance to local authorities), subsections (1) and (1A);

 

(c)    

in section 10 (advice to Welsh Ministers), subsection (1)(a);

 

(d)    

in section 12 (relationship between Secretary of State and other

 

regulators), subsection (3);

 

(e)    

in section 16 (guidance or directions by Welsh Ministers), subsection (1);

 

(f)    

in section 36 (power to make orders providing for civil sanctions),

 

subsection (2);

 

(g)    

in section 59 (consultation and consent for civil sanctions orders: Wales),

 

subsection (2);

 

(h)    

in section 73 (functions to which duty not to impose or maintain

 

unnecessary regulatory burdens applies), subsections (3)(c), (4)(c) and

 

(5).

 

(3)    

In section 73 (functions to which section 72 applies), in subsections (3)(c) and

 

(4)(c), for “in Wales” substitute “in relation to Wales”.

 

(4)    

In section 74 (general interpretation)—

 

(a)    

omit the definition of “Welsh ministerial matter”;

 

(b)    

before the definition of “Minister of the Crown” insert—

 

““devolved Welsh matter” means —

 

(a)    

a matter within the legislative competence of the

 

National Assembly for Wales (see section 108 of the

 

Government of Wales Act 2006), or

 

(b)    

a matter in relation to Wales in respect of which

 

functions are exercisable by the Welsh Ministers,

 

and in this definition “Wales” has the same meaning as in the

 

Government of Wales Act 2006;”.”

 

Member’s explanatory statement

 

See the explanatory statements for amendments 1 and 2.

 



 
 

Public Bill Committee: 25 February 2016                  

6

 

Enterprise Bill-[Lords], continued

 
 

Anna Soubry

 

NC3

 

To move the following Clause—

 

         

“Apprenticeships: information sharing

 

(1)    

After Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009

 

(apprenticeships, study and training) insert—

 

“Part 1A

 

Apprenticeships: information sharing

 

England

 

40A    

Sharing of information by HMRC and the Secretary of State

 

(1)    

HMRC may disclose information held by them to the Secretary of State

 

for the purpose of the Secretary of State’s functions in relation to English

 

statutory apprenticeships.

 

(2)    

The Secretary of State may disclose information to HMRC—

 

(a)    

for the purpose of requesting HMRC to disclose information

 

under subsection (1), or

 

(b)    

for another purpose connected with the Secretary of State’s

 

functions in relation to English statutory apprenticeships.

 

(3)    

In this section “English statutory apprenticeships” means—

 

(a)    

approved English apprenticeships within the meaning given in

 

section A1;

 

(b)    

apprenticeships undertaken under apprenticeship agreements

 

within the meaning given in section 32 that were entered into in

 

connection with recognised English frameworks;

 

(c)    

apprenticeships in relation to which alternative English

 

completion arrangements apply under section 1(5);

 

(d)    

apprenticeships undertaken under arrangements made in relation

 

to England under section 2 of the Employment and Training Act

 

1973 that are identified by the person making them as

 

arrangements for the provision of apprenticeships.

 

Wales, Scotland and Northern Ireland

 

40B    

Sharing of information by HMRC and devolved authorities

 

(1)    

HMRC may disclose information held by them—

 

(a)    

to a Welsh authority for the purpose of the authority’s functions

 

in relation to Welsh apprenticeships;

 

(b)    

to a Scottish authority for the purpose of the authority’s functions

 

in relation to Scottish apprenticeships;

 

(c)    

to a Northern Irish authority for the purpose of the authority’s

 

functions in relation to Northern Irish apprenticeships.

 

(2)    

An authority mentioned in paragraph (a), (b) or (c) of subsection (1) may

 

disclose information to HMRC—

 

(a)    

for the purpose of requesting HMRC to disclose information to

 

the authority under subsection (1), or


 
 

Public Bill Committee: 25 February 2016                  

7

 

Enterprise Bill-[Lords], continued

 
 

(b)    

for another purpose connected with the authority’s functions

 

mentioned in subsection (1).

 

(3)    

In this section—

 

“Northern Irish apprenticeships” means apprenticeships undertaken under

 

arrangements made under section 1 of the Employment and Training Act

 

(Northern Ireland) 1950 that are identified by the person making them as

 

arrangements for the provision of apprenticeships;

 

“Northern Irish authority” means—

 

(a)    

a Northern Ireland department, and

 

(b)    

any body or other person that is prescribed, or of a prescribed

 

description;

 

“Scottish apprenticeships” means apprenticeships undertaken under

 

arrangements made—

 

(a)    

in relation to Scotland, under section 2 of the Employment and

 

Training Act 1973, or

 

(b)    

under section 2(3) of the Enterprise and New Towns (Scotland)

 

Act 1990,

 

that are identified by the person making them as arrangements for the

 

provision of apprenticeships;

 

“Scottish authority” means—

 

(a)    

the Scottish Ministers, and

 

(b)    

any body or other person that is prescribed, or of a prescribed

 

description;

 

“Welsh apprenticeships” means—

 

(a)    

apprenticeships undertaken under apprenticeship agreements

 

within the meaning given in section 32 that were entered into in

 

connection with recognised Welsh frameworks;

 

(b)    

apprenticeships in relation to which alternative Welsh

 

completion arrangements apply under section 2(5);

 

(c)    

apprenticeships undertaken under arrangements made in relation

 

to Wales under—

 

(i)    

section 2 of the Employment and Training Act

 

1973, or

 

(ii)    

section 17B of the Jobseekers Act 1995,

 

    

that are identified by the person making them as arrangements

 

for the provision of apprenticeships;

 

“Welsh authority” means—

 

(a)    

the Welsh Ministers, and

 

(b)    

any body or other person that is prescribed, or of a prescribed

 

description.

 

(4)    

In subsection (3)—

 

(a)    

the reference to a Northern Ireland department includes a

 

reference to a person providing services to a Northern Ireland

 

department;

 

(b)    

the reference to the Scottish Ministers includes a reference to a

 

person providing services to the Scottish Ministers;

 

(c)    

the reference to the Welsh Ministers includes a reference to a

 

person providing services to the Welsh Ministers.


 
Back to StartNext
 

Revised 24 February 2016