33

House of Commons

Thursday 18 November 2010

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Postal Services Bill

---

Note

The Amendments have been arranged in accordance with the Order of the

Committee [9 November].

Nia Griffith

Gordon Banks

16

Clause  2,  page  1,  line  16,  leave out subsection (2) and insert—

‘(2)	A disposal of the Crown’s interest in a Royal Mail company will not be

authorised until—

(a)	the Secretary of State has secured a written contract from the proposed

purchaser that at least one representative from those directly-employed

by Royal Mail or its successors will sit on the board of the new body;

(b)	the Secretary of State has secured a written contract from the purchaser

that the headquarters of the new body will be located in the United

Kingdom;

(c)	it has been agreed that any subsequent plans to relocate the headquarters

of the new body will require the approval of the Secretary of State;

(d)	a consultation exercise has been held where all those engaged in the

provision of postal services in the UK have the opportunity to express

their views on the proposed transfer, and the Secretary of State has

responded formally to that consultation;

(e)	a vote of all employees of the affected Royal Mail company has taken

place and a minimum of 50 per cent. + 1 of the workforce have voted in

favour of the proposed transfer; and

(f)	the Secretary of State has presented to Parliament a bill which confers on

the Secretary of State the power to dispose of the business and the duty

to report to Parliament on—

(i)	all aspects of the proposed transfer;

Public Bill Committee: 18 November 2010

34

Postal Services Bill, continued

(ii)	how he proposes to enshrine the universal service provision as

laid out in section 28 of this Act in law in respect of the new

legislation; and

(iii)

how much of the Royal Mail company’s modernisation budget

has been spent at the proposed time of transfer and the value of

the unspent budget, whilst detailing the percentage progress

made towards existing modernisation goals.’.

Nia Griffith

Gordon Banks

17

Clause  2,  page  1,  line  16,  leave out from ‘after’ to end of Clause and add

‘identifying the preferred successful bidder, the Secretary of State must deliver an oral

statement to Parliament on the matter and lay an order on the proposed disposal which will

be subject to the super-affirmative procedure under section 18 of the Legislative and

Regulatory Reform Act 2006.’.

Nia Griffith

Gordon Banks

18

Clause  2,  page  1,  line  16,  leave out from ‘after’ to end of Clause and insert

‘identifying the preferred successful bidder, the Secretary of State must deliver an oral

statement to Parliament on the matter and lay an order on the proposed disposal which will

be subject to the affirmative resolution procedure.’.

Nia Griffith

Gordon Banks

15

Clause  2,  page  1,  line  17,  leave out ‘a report’ and insert ‘a bill which empowers the

Secretary of State to dispose of the business and imposes on him the duty to report to

Parliament.’.

Nia Griffith

Gordon Banks

19

Clause  2,  page  2,  line  12,  leave out ‘a’ and insert ‘the’.

Nia Griffith

Gordon Banks

20

Clause  2,  page  2,  line  13,  leave out ‘a’ and insert ‘the’.

Nia Griffith

Gordon Banks

21

Clause  2,  page  2,  line  13,  leave out from ‘service’ to end of Clause.

Nia Griffith

Gordon Banks

22

Clause  3,  page  2,  line  22,  leave out subsections (2) to (4) and add—

Public Bill Committee: 18 November 2010

35

Postal Services Bill, continued

‘(2)	Those arrangements must secure that, if at any time the proportion of the

company owned by the Crown is reduced from 100 per cent., the proportion of

the company owned by or on behalf of the employee share scheme shall be at least

20 per cent. of the proportion of the company that is not owned by the Crown.

(3)	The arrangements must ensure that an equal dividend is paid from earnings to all

participants in the trust.

(4)	The Secretary of State must report to Parliament when suitable arrangements

have been made for the establishment of the scheme, and the report must state—

(a)	the precise terms of the scheme; and

(b)	the expected timescale for its introduction.

(5)	“Employee share scheme” means a scheme for holding shares or share rights in

trust on behalf of employees of the company.’.

Nia Griffith

Gordon Banks

23

Clause  3,  page  2,  line  22,  leave out subsections (2) to (4) and add—

‘(2)	Those arrangements must secure that, if at any time the proportion of the

company owned by the Crown is reduced from 100 per cent., the proportion of

the company owned by or on behalf of the employee share scheme shall be at least

10 per cent. of the proportion of the company that is not owned by the Crown.

(3)	The arrangements must ensure that an equal dividend is paid from earnings to all

participants in the trust.

(4)	The Secretary of State must report to Parliament when suitable arrangements

have been made for the establishment of the scheme, and the report must state—

(a)	the precise terms of the scheme; and

(b)	the expected timescale for its introduction.

(5)	“Employee share scheme” means a scheme for holding shares or share rights in

trust on behalf of employees of the company.’.

Gordon Banks

Nia Griffith

31

Clause  3,  page  2,  line  32,  leave out ‘or include’.

Nia Griffith

Gordon Banks

24

Clause  3,  page  2,  line  33,  at end add—

‘(5)	Any employee share scheme will be entitled to have at least one representative

from the scheme on the board of any company operating the scheme.’.

Gordon Banks

Nia Griffith

34

Clause  4,  page  3,  leave out line 7 and insert—

‘(b)	the Secretary of State has laid a report before Parliament about the

disposal and each House of Parliament has come to a Resolution on a

Motion in the name of the Secretary of State approving the report.’.

Public Bill Committee: 18 November 2010

36

Postal Services Bill, continued

Nia Griffith

Gordon Banks

25

Clause  4,  page  3,  line  25,  at end add—

‘(8)	A disposal of the Crown’s interest in a Post Office company will not be

authorised until—

(a)	The Secretary of State has secured a written contract from the proposed

purchaser that at least one representative from those directly employed

by the Post Office or its successors will sit on the board of the new body;

(b)	The Secretary of State has secured a written contract from the purchaser

that the headquarters of the new body will be located within the United

Kingdom;

(c)	It has been agreed that any subsequent plans to relocate the headquarters

of the new body will require the approval of the Secretary of State;

(d)	A consultation exercise has been held where all those enaged in the

provision of postal services in the UK have the opportunity to express

their views on the proposed transfer;

(e)	The Secretary of State has responded formally to that consultation;

(f)	A vote of all employees of and stakeholders in the affected Post Office

company has taken place and a minimum of 50 per cent. + 1 of the

workforce have voted in favour of the proposed transfer; and

(g)	The Secretary of State has presented to Parliament a Bill which confers

on the Secretary of State the power to dispose of the business and the duty

to report to Parliament on—

(i)	all aspects of the proposed transfer, and

(ii)	how the £1.34 billion investment in the Post Office has been

spent at the proposed time of transfer and the value of the

unspent budget, whilst detailing the progress made towards the

expected goals.’.

Nia Griffith

Gordon Banks

26

Clause  5,  page  3,  line  33,  leave out ‘report’ and insert ‘Bill’.

Nia Griffith

Gordon Banks

29

Clause  5,  page  3,  line  33,  leave out from ‘report’ to end of subsection (2) and insert

‘identifying the preferred purchasers, and must deliver an oral statement to Parliament on

the matter and lay an order on the proposed disposal which will be subject to the super-

affirmative procedure under section 18 of the Legislative and Regulatory Reform Act

2006.’.

Nia Griffith

Gordon Banks

30

Clause  5,  page  3,  line  33,  leave out from ‘report’ to end of subsection (2) and insert

‘identifying the preferred purchasers, and must deliver an oral statement to Parliament on

the matter and lay an order on the proposed disposal which will be subject to the

affirmative resolution procedure.’.

Public Bill Committee: 18 November 2010

37

Postal Services Bill, continued

Nia Griffith

Gordon Banks

27

Clause  5,  page  3,  line  34,  at end insert ‘which confers on the Secretary of State the

powers to make the disposal.’.

Nia Griffith

Gordon Banks

28

Clause  5,  page  3,  line  35,  leave out ‘the report must’ and insert ‘when laying the

Bill the Secretary of State must report to Parliament and’.

Gordon Banks

Nia Griffith

35

Clause  5,  page  3,  line  40,  at end add ‘and

(d)	be subject to the approval of both Houses of Parliament, on the basis of

a Motion in the name of the Secretary of State.’.

Gordon Banks

Nia Griffith

32

Clause  8,  page  5,  line  14,  leave out ‘reasonably’.

Mr Mike Weir

3

Clause  11,  page  6,  line  22,  leave out ‘the company’s’.

Mr Mike Weir

4

Clause  11,  page  6,  line  22,  at end add—

‘(aa)

the nature and extent of any business run in parallel with the post office

business,’.

Gordon Banks

Nia Griffith

33

Clause  11,  page  6,  line  26,  at end insert ‘and

( )	the locations where post office services are at the time of the report not being

provided but which are identified in the Post Office plan as outlet locations.’.

Gordon Banks

Nia Griffith

36

Clause  11,  page  6,  line  26,  at end insert ‘and

( )	the number and locations where post office services have ceased to be

delivered since the last report and the reasons for this service reduction.’.

Public Bill Committee: 18 November 2010

38

Postal Services Bill, continued

Gordon Banks

Nia Griffith

37

Clause  11,  page  6,  line  26,  at end insert ‘and

( )	the number and locations where mobile post office services are being

used.’.

Gordon Banks

Nia Griffith

38

Clause  11,  page  6,  line  26,  at end insert ‘and

( )	the steps taken to address any reduction in outlet numbers as identified in

the report.’.

Nia Griffith

Gordon Banks

48

Clause  11,  page  6,  line  26,  at end insert—

‘(d)	the utilisation of the network by the universal service provider, and any

changes in the proceeding year.’.

Nia Griffith

Gordon Banks

49

Clause  11,  page  6,  line  31,  after ‘small’, insert ‘and medium’.

Caroline Lucas

2

Clause  11,  page  6,  line  35,  at end insert—

‘(3A)

The report must state the extent to which the Post Office network assists

individuals in completing Government forms.’.

Mr Mike Weir

5

Clause  11,  page  6,  line  38,  at end add ‘and the Government must set a date for a

debate on the report on the floor of the House within five days of the report being laid.’.

Nia Griffith

Gordon Banks

44

Clause  16,  page  9,  line  25,  at end insert ‘(but may not convert benefits that are not

money purchase benefits to money purchase benefits),’.

Nia Griffith

Gordon Banks

39

Clause  16,  page  9,  line  43,  at end add—

‘(9)	On making an order under subsection (2) and prior to the transfer of qualifying

accrued rights the Secretary of State must—

Public Bill Committee: 18 November 2010

39

Postal Services Bill, continued

(a)	inform all members affected that they are to be transferred to a new

statutory scheme;

(b)	inform all active and deferred members of their accrued rights in the new

statutory scheme;

(c)	inform all pensioner members of the details of payments from the new

scheme and when they will commence; and

(d)	inform all members of the details of the new scheme.’.

Nia Griffith

Gordon Banks

43

Clause  17,  page  10,  line  6,  at end insert—

‘(1A)

Before making an order under this section the Secretary of State must obtain the

consent of the trustees of the RMPP.’.

Nia Griffith

Gordon Banks

42

Clause  18,  page  10,  line  16,  at end insert—

‘(2A)

An order under this section must not include any provision that permits the

winding-up of the RMPP.’.

Nia Griffith

Gordon Banks

71

Clause  27,  page  14,  line  30,  leave out ‘may’ and insert ‘will’.

Nia Griffith

Gordon Banks

72

Clause  27,  page  14,  line  31,  leave out ‘may’ and insert ‘will’.

Nia Griffith

Gordon Banks

40

Clause  28,  page  15,  line  4,  at end insert ‘and to facilitate this, the current funding

agreement of Postcomm in respect of regulating postal services will be transferred in its

entirety to Ofcom.’.

---

Revised 18 November 2010