Session 2015-16
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525

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Tuesday 8 March 2016

 

Report Stage Proceedings

 

Enterprise Bill [Lords], As Amended


 

[First Sitting]


 

New Clauses and new Schedules relating to the Green Investment Bank

 

plc; amendments to Clauses 37 and 38

 

Ms Angela Eagle

 

Kevin Brennan

 

Bill Esterson

 

Chi Onwurah

 

Gordon Marsden

 

Caroline Lucas

 

Negatived on division  NC4

 

To move the following Clause—

 

         

“Objectives of UK Green Investment Bank

 

(1)    

Prior to a sale of shares of a UK Green Investment Bank Company (as defined in

 

section 30(2)) the Secretary of State shall—

 

(a)    

ensure that the objects of the UK Green Investment Bank Company

 

contained in its articles of association (“the Objectives”) shall be—

 

(i)    

the reduction of greenhouse gas emissions;

 

(ii)    

the advancement of efficiency in the use of natural resources;

 

(iii)    

the protection or enhancement of the natural environment;

 

(iv)    

the protection or enhancement of biodiversity;

 

(v)    

the promotion of environmental sustainability;

 

(b)    

ensure the articles of association of the UK Green Investment Bank

 

Company require its directors to act and review their actions against the

 

Objectives;

 

(c)    

create a special share; and

 

(d)    

establish a company limited by guarantee registered with the Charity

 

Commission (“the Charitable Company”) that will own the special share.

 

(2)    

Any amendment to the Objectives shall require the consent of the Charitable

 

Company, as holder of the special share.

 

(3)    

The special share shall—

 

(a)    

have no income or capital rights;

 

(b)    

have no voting rights except on a vote to amend the Objectives and on a

 

vote to alter the rights of the special share.


 
 

Report Stage Proceedings: 8 March 2016                  

526

 

Enterprise Bill-[Lords], continued

 
 

(4)    

The rights of the special share shall be deemed altered by the issue of any other

 

special share of the same class.

 

(5)    

The Charitable Company that will own the special share shall—

 

(a)    

have three members, none of which shall be public bodies;

 

(b)    

have as initial members legal persons appointed by the Committee on

 

Climate Change established under the Climate Change Act 2008;

 

(c)    

provide that if any member ceases to be a member the remaining

 

members shall nominate the replacement member;

 

(d)    

provide that the members will be required to act unanimously in

 

exercising the rights attached to the special share.

 

(6)    

For the avoidance of doubt, the Committee on Climate Change shall play no role

 

in the conduct of the Charitable Company or its members following the initial

 

appointment of those members prior to the sale of UK Green Investment Bank

 

company shares by the Secretary of State.”

 


 

Caroline Lucas

 

Not called  NC8

 

To move the following Clause—

 

         

“Disposal of Crown’s shares in UK Green Investment Bank Company:

 

purchaser’s obligations

 

Before any sale of the Crown’s shares in the UK Green Investment Bank

 

Company takes place each prospective purchaser must enter an enforceable

 

undertaking to fully fund the Bank’s current five year business plan.”

 

 


 

Mary Creagh

 

Caroline Flint

 

Not called  17

 

Clause  37,  page  54,  line  44,  at end insert—

 

“6B    

Report on remuneration of chair, non-executive directors and executive team

 

(1)    

For each year following a disposal of shares held by the Crown in a UK Green

 

Investment Bank company the Secretary of State must lay before Parliament a

 

report on the remuneration of the company’s chair, non-executive directors and

 

executive team by the company.

 

(2)    

The report shall include a statement of the framework or broad policy for the

 

remuneration of the above individuals.

 

(3)    

The report shall include the value of the following, where applicable, in respect

 

of each individual—

 

(a)    

salary or fee,

 

(b)    

pension,

 

(c)    

other cash or non-cash benefits, including bonus or performance-related

 

payments, and


 
 

Report Stage Proceedings: 8 March 2016                  

527

 

Enterprise Bill-[Lords], continued

 
 

(d)    

shareholdings in a UK Green Investment Bank company.”

 


 

New clauses and new Schedules relating to public sector exit payments;

 

amendments to Part 9

 

Ms Angela Eagle

 

Kevin Brennan

 

Bill Esterson

 

Albert Owen

 

Mr Jamie Reed

 

Liz Saville Roberts

 

Sue Hayman

 

Negatived on division  NS1

 

To move the following Schedule—

 

“Bodies excluded from the restrictions on public sector exit payments

 

            

Payments made by the following bodies are excluded from the restrictions on

 

public sector exit payments—

 

(a)    

Sellafield Ltd,

 

(b)    

Westinghouse Springfields Fuels Ltd,

 

(c)    

Magnox Ltd,

 

(d)    

National Nuclear Laboratory,

 

(e)    

International Nuclear Services,

 

(f)    

Atomic Weapons Establishment Ltd,

 

(g)    

Low Level Waste Repository Ltd,

 

(h)    

Dounreay Site Restoration Ltd,

 

(i)    

RSRL Winfrith and

 

(j)    

RSRL Harwell.”

 

 


 

Hannah Bardell

 

Alan Brown

 

Negatived on division  18

 

Clause  41,  page  56,  line  18,  at end insert—

 

“(1A)    

The restriction placed on public sector exit payments must be reviewed at regular

 

intervals and, where necessary, be adjusted in line with inflation and earnings

 

growth.”


 
 

Report Stage Proceedings: 8 March 2016                  

528

 

Enterprise Bill-[Lords], continued

 
 

Ms Angela Eagle

 

Kevin Brennan

 

Bill Esterson

 

Chi Onwurah

 

Gordon Marsden

 

Hannah Bardell

 

Alan Brown

 

Not called  15

 

Clause  41,  page  57,  line  10,  at end insert “, including payments relating to

 

employees earning less than £27,000 per year”

 

Ms Angela Eagle

 

Kevin Brennan

 

Bill Esterson

 

Albert Owen

 

Mr Jamie Reed

 

Sue Hayman

 

Not called  16

 

Clause  41,  page  57,  line  27,  at end insert—

 

“(10A)    

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

 

in NS1.”

 

Secretary Sajid Javid

 

Agreed to  3

 

Clause  41,  page  58,  line  7,  at end insert—

 

“( )    

by the Welsh Ministers, in relation to relevant Welsh exit payments;”

 

Secretary Sajid Javid

 

Agreed to  4

 

Clause  41,  page  58,  line  27,  at end insert—

 

“( )    

if made by the Welsh Ministers, may not be made unless a draft of the

 

statutory instrument containing them has been laid before, and approved

 

by a resolution of, the National Assembly for Wales.”

 

Secretary Sajid Javid

 

Agreed to  5

 

Clause  41,  page  58,  line  32,  at end insert—

 

“( )    

In this section “relevant Welsh exit payments” means exit payments made to

 

holders of the following offices—

 

(a)    

member of the National Assembly for Wales;

 

(b)    

the First Minister for Wales;

 

(c)    

Welsh Minister appointed under section 48 of the Government of Wales

 

Act 2006;

 

(d)    

Counsel General to the Welsh Government;

 

(e)    

Deputy Welsh Minister;

 

(f)    

member of a county council or a county borough council in Wales;

 

(g)    

member of a National Park Authority in Wales;

 

(h)    

member of a Fire and Rescue Authority in Wales.”


 
 

Report Stage Proceedings: 8 March 2016                  

529

 

Enterprise Bill-[Lords], continued

 
 

Secretary Sajid Javid

 

Agreed to  6

 

Clause  41,  page  58,  line  37,  at end insert—

 

“(2A)    

The Welsh Ministers may relax any restriction imposed by regulations made by

 

the Welsh Ministers under section 153A.”

 

Secretary Sajid Javid

 

Agreed to  7

 

Clause  41,  page  59,  line  1,  at beginning insert “except in relation to exit payments

 

made by a relevant Welsh authority,”

 

Secretary Sajid Javid

 

Agreed to  8

 

Clause  41,  page  59,  leave out lines 18 to 24 and insert—

 

“(6)    

Regulations under section 153A made by the Welsh Ministers may—

 

(a)    

make provision for the power under subsection (2A) to be exercisable on

 

behalf of the Welsh Ministers by a person specified in the regulations;

 

(b)    

where provision is made by virtue of paragraph (a), make provision for a

 

requirement to be relaxed only—

 

(i)    

with the consent of the Welsh Ministers, or

 

(ii)    

following compliance with any directions given by the Welsh

 

Ministers;

 

(c)    

make provision as to the publication of information about any relaxation

 

of a requirement granted.

 

(6A)    

Regulations made by the Treasury under section 153A(1)—

 

(a)    

must, if they make provision in relation to exit payments made by a

 

relevant Welsh authority, provide for the power conferred on a Minister

 

of the Crown by subsection (1) to be exercised instead by the Welsh

 

Ministers in relation to those exit payments;

 

(b)    

may provide for the power conferred on a Minister of the Crown by

 

subsection (1) to be exercised instead by the Welsh Ministers in relation

 

to exit payments made by any other authority who is not a relevant Welsh

 

authority but who wholly or mainly exercises functions in relation to

 

Wales (but this does not limit the provision that may be made under

 

subsection (4)(a)).”

 

Secretary Sajid Javid

 

Agreed to  9

 

Clause  41,  page  59,  line  26,  at end insert—

 

““relevant Welsh authority” means an authority who wholly or mainly

 

exercises functions which could be conferred by provision falling within

 

the legislative competence of the National Assembly for Wales (as

 

defined in section 108 of the Government of Wales Act 2006).”

 

Bill to be further considered tomorrow.

 


 

 

Revised 08 March 2016