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| given up to and including |
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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Amendments tabled since the last publication: 14 |
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| Data Protection Bill [Lords], As Amended
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| | This document includes all amendments tabled to date and includes any |
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| | withdrawn amendments at the end. The amendments have been arranged in the |
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| | order in which they relate to the Bill.
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| | To move the following Clause— |
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| | | “Social security benefits: disclosure of personal data |
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| | (1) | The Secretary of State shall authorise the disclosure of personal data specified |
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| | under subsection (2) to a person or body on a register maintained under |
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| | (2) | Personal data under this section shall be data relating to a new or existing claim |
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| | by an individual to one or more of the following benefits— |
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| | (b) | income-based Jobseeker’s Allowance, |
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| | (c) | income-related Employment and Support Allowance, |
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| | (d) | support under Part VI of the Immigration and Asylum Act 1999, |
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| | (e) | the guaranteed element of Pension Credit, |
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| | (g) | Working Tax Credit and Working Tax Credit run-on, |
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| | (i) | Disability Living Allowance, |
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| | (j) | Personal independence payment, and |
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| | (k) | any other benefit or credit which may be designated by regulations made |
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| | by the Secretary of State. |
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| | (3) | The Secretary of State shall, by regulations— |
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| | (a) | provide for the establishment of a register of persons or bodies to whom |
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| | personal data may be disclosed under this section, and |
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| | (b) | specify who those persons or bodies shall be. |
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| | (4) | Personal data may be disclosed under this section without the claimant having to |
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| | provide explicit consent for such disclosure. |
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| | (5) | Regulations under this section shall be made by statutory instrument and may not |
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| | be made unless a draft of the instrument has been laid before, and approved by a |
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| | resolution of, each House of Parliament.” |
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| | Member’s explanatory statement
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| | This new clause would require the Secretary of State to disclose data on individuals’ eligibility for |
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| | benefits, as well as the management of their claim, to registered third parties (which would be |
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| | other specified public bodies, including local authorities, and third sector bodies, including advice |
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| | agencies). Disclosure would not need the individual’s consent. |
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| | To move the following Clause— |
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| | | “Eligibility for benefits: duty to share data |
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| | (1) | It shall be a legal obligation within the meaning of point 1(c) of Article 6 of the |
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| | GDPR for the Secretary of State to share with a local authority, on request by that |
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| | local authority, data relating to eligibility of individuals for social security |
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| | (2) | The social security benefits for which data on eligibility of individuals shall be |
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| | shared under subsection (1) are— |
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| | (b) | income-based Jobseeker’s Allowance, |
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| | (c) | income-related Employment and Support Allowance, |
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| | (d) | support under Part VI of the Immigration and Asylum Act 1999, |
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| | (e) | the guaranteed element of Pension Credit, |
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| | (g) | Working Tax Credit and Working Tax Credit run-on, |
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| | (i) | Disability Living Allowance, |
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| | (j) | Personal independence payment, and |
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| | (k) | any other benefit or credit which may be designated by regulations made |
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| | by the Secretary of State. |
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| | (3) | The obligation under subsection (1) shall apply only in relation to a person who |
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| | qualifies for one or more of the benefits listed under subsection (2). |
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| | (4) | A local authority may use data shared under subsection (1) only for— |
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| | (a) | the purpose of registering a child as being eligible for free school meals, |
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| | and notifying the person responsible for care of the child that the child |
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| | (b) | the purpose of registering a child or any other person as being eligible for |
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| | Healthy Start vouchers, and notifying the person registered or notifying |
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| | the person responsible for care of the child that the child has been |
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| | (c) | the purpose of registering a child for free early years education and |
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| | childcare, and notifying the person responsible for care of the child that |
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| | the child has been registered, or |
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| | (d) | any other purpose which may be designated by regulations made by the |
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| | (5) | Regulations under this section shall be made by statutory instrument and may not |
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| | be made unless a draft of the instrument has been laid before, and approved by a |
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| | resolution of, each House of Parliament.” |
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| Clause 10, page 6, line 37, leave out subsections (6) and (7) |
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| | Member’s explanatory statement
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| | This amendment would remove delegated powers that would allow the Secretary of State to vary |
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| | the conditions and safeguards governing the general processing of sensitive personal data. |
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| Clause 14, page 8, line 11, at end insert— |
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| | “(2A) | A decision that engages an individual’s rights under the Human Rights Act 1998 |
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| | does not fall within Article 22(2)(b) of the GDPR (exception from prohibition on |
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| | taking significant decisions based solely on automated processing for decisions |
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| | that are authorised by law and subject to safeguards for the data subject’s rights, |
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| | freedoms and legitimate interests). |
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| | (2B) | A decision is “based solely on automated processing” for the purposes of this |
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| | section if, in relation to a data subject, there is no meaningful input by a natural |
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| | person in the decision-making process.” |
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| | Member’s explanatory statement
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| | This amendment would ensure that where human rights are engaged by automated decisions these |
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| | are human decisions and provides clarification that purely administrative human approval of an |
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| | automated decision does make an automated decision a ‘human’ one. |
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| Page 9, line 36, leave out Clause 16 |
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| | Member’s explanatory statement
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| | This amendment would remove delegated powers that would allow the Secretary of State to add |
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| Clause 35, page 22, line 14, leave out subsections (6) and (7) |
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| | Member’s explanatory statement
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| | This amendment would remove delegated powers that would allow the Secretary of State to vary |
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| | the conditions and safeguards governing the general processing of sensitive personal data. |
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| Clause 50, page 30, line 28, at end insert— |
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| | (c) | it does not engage the rights of the data subject under the Human Rights |
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| | Member’s explanatory statement
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| | This amendment would ensure that automated decisions should not be authorised by law if they |
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| | engage an individual’s human rights. |
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| Clause 86, page 51, line 21, leave out subsections (3) and (4) |
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| | Member’s explanatory statement
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| | This amendment would remove delegated powers that would allow the Secretary of State to vary |
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| | the conditions and safeguards governing the general processing of sensitive personal data. |
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| Clause 96, page 56, line 38, after “law” insert “unless the decision engages an |
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| individual’s rights under the Human Rights Act 1998” |
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| | Member’s explanatory statement
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| | This amendment would ensure that automated decisions should not be authorised by law if they |
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| | engage an individual’s human rights. |
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| Page 63, line 27, leave out Clause 113 |
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| | Member’s explanatory statement
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| | This amendment would remove delegated powers that would allow the Secretary of State to create |
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| | new exemptions to Part 4 of the Bill. |
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| Schedule 1, page 123, line 16, at end insert— |
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| | ““obligations” includes any requirement which may be placed upon the |
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| | Secretary of State to supply to local authorities data relating to individual |
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| | eligibility for benefits, thereby enabling local authorities automatically to |
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| | register all eligible children for free school meals, Healthy Start |
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| | vouchers, free early years education and childcare, or any other purpose |
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| | designated by the Secretary of State.” |
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| Schedule 2, page 152, line 24, leave out paragraph 19 and insert— |
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| | “19 | The listed GDPR provisions do not apply to personal data that consists of |
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| | information which is protected by legal professional privilege or the duty of |
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| | Member’s explanatory statement
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| | This amendment would ensure that both legal professional privilege and confidentiality are |
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| | recognised within the legislation. |
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| Schedule 2, page 156, line 4, at end insert— |
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| | “(d) | any code which is adopted by an approved regulator as defined by section |
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| | 42(2) of the Crime and Courts Act 2013.” |
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| | Member’s explanatory statement
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| | This amendment would give the Standards Code of an approved press regulator the same status as |
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| | the other journalism codes recognised in the Bill (The BBC and Ofcom Codes, and the Editors’ |
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| | Code observed by members of IPSO). |
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| Schedule 11, page 196, line 39, leave out paragraph 9 and insert— |
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| | “9 | The listed provisions do not apply to personal data that consists of information |
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| | which is protected by legal professional privilege or the duty of |
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| | Member’s explanatory statement
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| | This amendment would ensure that both legal professional privilege and confidentiality are |
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| | recognised within the legislation. |
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| Schedule 15, page 208, line 13, leave out “with respect to obligations, liabilities or |
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| rights under the data protection legislation” |
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| | Member’s explanatory statement
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| | This amendment would ensure that both legal professional privilege and confidentiality are |
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| | recognised within the legislation. |
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| Schedule 15, page 208, line 21, leave out from “proceedings” to the end of line 23. |
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| | Member’s explanatory statement
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| | This amendment would ensure that both legal professional privilege and confidentiality are |
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| | recognised within the legislation. |
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| | Order of the House [5 March 2018] |
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| | That the following provisions shall apply to the Data Protection Bill [Lords]: |
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| | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | Proceedings in Public Bill Committee |
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| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | concluded) be brought to a conclusion on Tuesday 27 March 2018. |
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| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | Proceedings on Consideration and up to and including Third Reading |
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| | 4. | Proceedings on Consideration and proceedings in legislative grand |
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| | committee shall (so far as not previously concluded) be brought to a |
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| | conclusion one hour before the moment of interruption on the day on which |
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| | proceedings on Consideration are commenced. |
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| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | brought to a conclusion at the moment of interruption on that day. |
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| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | proceedings on Consideration and up to and including Third Reading. |
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| | 7. | Any other proceedings on the Bill may be programmed. |
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