Session 2015-16
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1

 

House of Commons

 
 

Thursday 25 February 2016

 

Public Bill Committee Proceedings

 

Enterprise Bill [Lords]


 

[Sixth and Seventh Sittings]


 

Bill Esterson

 

Kevin Brennan

 

Withdrawn  103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.”

 

Bill Esterson

 

Kevin Brennan

 

Not called  121

 

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

 

Bill Esterson

 

Kevin Brennan

 

Negatived on division  105

 

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

 

employees earning less than £27,000 per year”

 

Bill Esterson

 

Kevin Brennan

 

Not called  106

 

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

 

who have been in long-term service”

 

Bill Esterson

 

Kevin Brennan

 

Not called  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”


 
 

Public Bill Committee Proceedings: 25 February 2016        

2

 

Enterprise Bill-[Lords], continued

 
 

Bill Esterson

 

Kevin Brennan

 

Not called  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”

 

Bill Esterson

 

Kevin Brennan

 

Not called  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.”

 

Bill Esterson

 

Kevin Brennan

 

Negatived on division  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.”

 

Bill Esterson

 

Kevin Brennan

 

Not called  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).”

 

Bill Esterson

 

Kevin Brennan

 

Not called  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).


 
 

Public Bill Committee Proceedings: 25 February 2016        

3

 

Enterprise Bill-[Lords], continued

 
 

(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).”

 

Clause Agreed to.

 


 

Bill Esterson

 

Kevin Brennan

 

Withdrawn  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”

 

Schedule Agreed to.

 


 

New Clauses

 

Anna Soubry

 

Agreed to  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.”.”

 



 
 

Public Bill Committee Proceedings: 25 February 2016        

4

 

Enterprise Bill-[Lords], continued

 
 

Anna Soubry

 

Agreed to  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;”.”

 



 
 

Public Bill Committee Proceedings: 25 February 2016        

5

 

Enterprise Bill-[Lords], continued

 
 

Anna Soubry

 

Agreed to  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 Proceedings: 25 February 2016        

6

 

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.


 
 

Public Bill Committee Proceedings: 25 February 2016        

7

 

Enterprise Bill-[Lords], continued

 
 

(5)    

Regulations under this section may amend the definition in subsection (3)

 

of—

 

(a)    

“Northern Irish apprenticeships”,

 

(b)    

“Scottish apprenticeships”, or

 

(c)    

“Welsh apprenticeships”.

 

General

 

40C    

Wrongful disclosure

 

(1)    

Information disclosed by HMRC under section 40A(1) or 40B(1) may

 

not be disclosed by the recipient of the information to any other person

 

without the consent of HMRC (except so far as permitted by section

 

40A(2) or 40B(2)).

 

(2)    

If a person discloses, in contravention of subsection (1), any revenue and

 

customs information relating to a person whose identity—

 

(a)    

is specified in the disclosure, or

 

(b)    

can be deduced from it,

 

    

section 19 of the Commissioners for Revenue and Customs Act 2005

 

(wrongful disclosure) applies in relation to that disclosure as it applies in

 

relation to a disclosure of such information in contravention of section

 

20(9) of that Act.

 

40D    

Interpretation

 

(1)    

In this Part—

 

“HMRC” means the Commissioners for Her Majesty’s Revenue and

 

Customs;

 

“revenue and customs information relating to a person” has the same

 

meaning as in section 19 of the Commissioners for Revenue and Customs

 

Act 2005 (see section 19(2) of that Act).

 

(2)    

In this Part—

 

(a)    

references to HMRC include references to a person providing

 

services to HMRC;

 

(b)    

references to the Secretary of State include references to a person

 

providing services to the Secretary of State.

 

(3)    

Nothing in this Part affects any power to disclose information that exists

 

apart from this Part.”.

 

(2)    

In section 262(6) of that Act (orders and regulations subject to affirmative

 

procedure) after paragraph (aa) insert—

 

“(aaa)    

regulations under section 40B;”.

 

(3)    

In section 268 of that Act (extent)—

 

(a)    

in subsection (2) (provisions extending to Scotland) for “Sections 40,”

 

substitute “Section 40, Part 1A, sections”, and

 

(b)    

in subsection (3) (provisions extending to Northern Ireland) for

 

“Sections”, in the first place, substitute “Part 1A, sections”.”

 



 
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Revised 25 February 2016