Session 2010 - 12
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273

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 19 May 2011

 

For other Amendment(s) see the following page(s):

 

Welfare Reform Bill Committee 251-271

 

Public Bill Committee


 

Welfare Reform Bill

 

Chris Grayling

 

Maria Miller

 

NS1

 

To move the following Schedule:—

 

‘Social Mobility and Child Poverty Commission

 

Part 1

 

Establishment of Social Mobility and Child Poverty Commission

 

1          

The Child Poverty Act 2010 is amended as follows.

5

2          

For section 8 (and the preceding italic heading) there is substituted—

 

“Social Mobility and Child Poverty Commission

 

8      

Social Mobility and Child Poverty Commission

 

(1)    

There is to be a body called the Social Mobility and Child Poverty

 

Commission (in this Act referred to as “the Commission”).

10

(2)    

The Commission’s functions are those conferred on it by or under this

 

Act.

 

(3)    

Schedule 1 contains further provision about the Commission.

 

(4)    

A Minister of the Crown may by order provide for the Commission to

 

cease to exist on a day—

15

(a)    

specified in or determined in accordance with the order, and

 

(b)    

falling after the target year.

 

(5)    

An order under subsection (4) may contain such transitional or

 

consequential provision as the Minister of the Crown considers


 
 

Notices of Amendments: 19 May 2011                     

274

 

Welfare Reform Bill, continued

 
 

necessary or expedient in connection with the abolition of the

20

Commission.

 

(6)    

That provision may include provision amending, repealing or

 

revoking—

 

(a)    

the provisions of this Act so far as relating to the Commission;

 

(b)    

any provision of any other Act (whenever passed);

25

(c)    

any provision of any instrument made under an Act (whenever

 

made).

 

8A      

Advice

 

(1)    

The Commission must on request give advice to a Minister of the

 

Crown about how to measure socio-economic disadvantage, social

30

mobility and child poverty.

 

(2)    

Advice given under this section must be published.

 

8B      

Annual reports

 

(1)    

Before each anniversary of the coming into force of this section the

 

Commission must publish a report setting out its views on the progress

35

made towards the goals in subsection (2).

 

(2)    

Those goals are—

 

(a)    

improving social mobility in the United Kingdom, and

 

(b)    

reducing child poverty in the United Kingdom, and in

 

particular—

40

(i)    

meeting the targets in sections 3 to 6 in relation to the

 

target year, and

 

(ii)    

implementing the most recent UK strategy, Scottish

 

strategy, Northern Ireland strategy and Welsh

 

strategy.

45

(3)    

A report under subsection (1) may by published as one or more

 

documents as a Minister of the Crown may direct.

 

(4)    

If the Commission so requests, a Minister of the Crown may by order

 

extend the publication deadline for any particular report by not more

 

than nine months.

50

(5)    

A Minister of the Crown must lay a report under this section before

 

Parliament.

 

8C      

Other functions

 

 A Minister of the Crown may direct the Commission to carry out any

 

other activity relating to the goals in section 8B(2).”

55

3          

For Schedule 1 (Child Poverty Commission) there is substituted—

 

“Schedule 1

 

Social Mobility and Child Poverty Commission

 

Membership, chair and deputy chair

 

1    (1)  

The members of the Commission are to be—

60

(a)    

a chair appointed by a Minister of the Crown,


 
 

Notices of Amendments: 19 May 2011                     

275

 

Welfare Reform Bill, continued

 
 

(b)    

a member appointed by the Scottish Ministers,

 

(c)    

a member appointed by the Welsh Ministers,

 

(d)    

a member appointed by the relevant Northern Ireland

 

department, and

65

(e)    

any other members appointed by a Minister of the Crown.

 

      (2)  

A Minister of the Crown may appoint one of the members as the

 

deputy chair.

 

Term of office

 

2          

Members are to hold and vacate office in accordance with the terms

70

of their appointment, subject to the following provisions.

 

3          

Members must be appointed for a term of not more than five years.

 

4          

A member may resign by giving notice in writing to a Minister of

 

the Crown.

 

5          

A Minister of the Crown may remove a member if—

75

(a)    

the person has been absent from three or more consecutive

 

meetings of the Commission without its permission,

 

(b)    

the person has become bankrupt or has made an

 

arrangement with creditors,

 

(c)    

the person’s estate has been sequestrated in Scotland or the

80

person, under Scots law, has made a composition or

 

arrangement with, or granted a trust deed for, creditors, or

 

(d)    

the Minister is satisfied that the person is otherwise unable

 

or unfit to perform the duties of the office.

 

6          

A person ceases to be the chair or the deputy chair if the person—

85

(a)    

resigns that office by giving notice in writing to a Minister

 

of the Crown, or

 

(b)    

ceases to be a member.

 

7          

A person who holds or has held office as the chair, or as the deputy

 

chair or other member, may be reappointed, whether or not to the

90

same office.

 

Staff and facilities

 

8          

A Minister of the Crown may provide the Commission with—

 

(a)    

such staff,

 

(b)    

such accommodation, equipment and other facilities, and

95

(c)    

such sums,

 

            

as the Minister may determine are required by the Commission in

 

the exercise of its functions.

 

Payments

 

9          

A Minister of the Crown may pay to or in respect of the members

100

of the Commission such remuneration, allowances and expenses as

 

the Minister may determine.


 
 

Notices of Amendments: 19 May 2011                     

276

 

Welfare Reform Bill, continued

 
 

Supplementary powers

 

10         

The Commission may do anything that appears to it necessary or

 

appropriate for the purpose of, or in connection with, the carrying

105

out of its functions.

 

Status

 

11         

The Commission is not to be regarded—

 

(a)    

as the servant or agent of the Crown, or

 

(b)    

as enjoying any status, privilege or immunity of the Crown.

110

Sub-committees

 

12         

The Commission may establish sub-committees.

 

Validity of proceedings

 

13         

The Commission may regulate—

 

(a)    

its own procedure (including quorum),

115

(b)    

the procedure of any sub-committee (including quorum).

 

14         

The validity of anything done by the Commission or any sub-

 

committee is not affected by—

 

(a)    

any vacancy in the membership of the Commission or sub-

 

committee, or

120

(b)    

any defect in the appointment of any member of the

 

Commission or a sub-committee.

 

Discharge of functions

 

15         

The Commission may authorise a sub-committee or member to

 

exercise any of the Commission’s functions.”

125

Part 2

 

Supplementary amendments to Child Poverty Act 2010

 

4          

The Child Poverty Act 2010 is amended as follows.

 

5          

In section 6 (persistent poverty target), subsection (6)(b) and the preceding

 

“and” are repealed.

130

6          

In section 10 (provision of advice and consultation)—

 

(a)    

for the heading, there is substituted “Consultation”;

 

(b)    

subsections (1) to (3) are repealed.

 

7          

In section 13 (advice and consultation: Scotland and Northern Ireland)—

 

(a)    

for the heading, there is substituted “Consultation: Scotland and

135

Northern Ireland”;

 

(b)    

subsections (1) and (2) are repealed.

 

8    (1)  

In the italic heading preceding section 14, for “Reports” there is substituted

 

“Statement”.

 

      (2)  

Section 14 is repealed.

140

9    (1)  

Section 15 (statement in relation to target year) is amended as follows.


 
 

Notices of Amendments: 19 May 2011                     

277

 

Welfare Reform Bill, continued

 
 

      (2)  

In subsection (1), for “The report under section 14(3) must include” there is

 

substituted “The Secretary of State must, as soon as reasonably practicable

 

after the end of the target year, lay before Parliament”.

 

      (3)  

In subsection (4), for “the report under section 14(3)” there is substituted “the

145

statement”.

 

      (4)  

At the end there is inserted—

 

“(5)    

The Secretary of State must consult the Scottish Ministers, the Welsh

 

Ministers and the relevant Northern Ireland department before

 

preparing the statement.”

150

10         

In section 16 (economic and fiscal circumstances), in subsection (1)(b), for the

 

words from “to the Secretary of State” to the end there is substituted “under

 

section 8A”.

 

11  (1)  

Section 18 (interpretation) is amended as follows.

 

      (2)  

In the definition of “the Commission” in subsection (1), for “Child Poverty

155

Commission” there is substituted “Social Mobility and Child Poverty

 

Commission”.

 

      (3)  

After the definition of “financial year” in that subsection there is inserted—

 

““Minister of the Crown” has the same meaning as in the Ministers of the

 

Crown Act 1975;”.

160

12         

In section 28 (regulations and orders), in subsection (5)(b), after “section”

 

there is inserted “8B(4) or”.

 

13  (1)  

Schedule 2 (continuing effect of targets) is amended as follows.

 

      (2)  

In paragraph 1, in paragraph (a) of the definition of “target statement”, for “the

 

report required by section 14(3)” there is substituted “the statement required

165

by section 15”.

 

      (3)  

In paragraph 3(d), for “the Secretary of State”, in the first place, there is

 

substituted “the Commission”.

 

      (4)  

Paragraphs 6(c) and (d) and 7(1)(b) are repealed.

 

Part 3

170

Supplementary amendments to other Acts

 

14         

In Schedule 1 to the Public Records Act 1958 (definition of public records), in

 

Part 2 of the Table at the end of paragraph 3—

 

(a)    

the entry relating to the Child Poverty Commission is repealed;

 

(b)    

at the appropriate place there is inserted—

175

“Social Mobility and Child Poverty Commission”.

 

15         

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc

 

subject to investigation)—

 

(a)    

the entry relating to the Child Poverty Commission is repealed;

 

(b)    

at the appropriate place there is inserted—

180

“Social Mobility and Child Poverty Commission”.

 

16  (1)  

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975

 

(bodies of which all members are disqualified)—

 

(a)    

the entry relating to the Child Poverty Commission is repealed;

 

(b)    

at the appropriate place there is inserted—

185

“The Social Mobility and Child Poverty Commission”.

 

      (2)  

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act

 

1975 (bodies of which all members are disqualified)—

 

(a)    

the entry relating to the Child Poverty Commission is repealed;


 
 

Notices of Amendments: 19 May 2011                     

278

 

Welfare Reform Bill, continued

 
 

(b)    

at the appropriate place there is inserted—

190

“The Social Mobility and Child Poverty Commission”.

 

17         

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public

 

bodies and offices: general)—

 

(a)    

the entry relating to the Child Poverty Commission is repealed;

 

(b)    

at the appropriate place there is inserted—

195

“The Social Mobility and Child Poverty Commission”.’.

 

As Amendments to Chris Grayling’s proposed New Schedule (Social Mobility and

 

Child Poverty Commission) (NS1):—

 

Mr Liam Byrne

 

Stephen Timms

 

Ms Karen Buck

 

Margaret Curran

 

(a)

 

Line  42,  leave out ‘recent’ and insert ‘effective’.

 

Mr Liam Byrne

 

Stephen Timms

 

Ms Karen Buck

 

Margaret Curran

 

(b)

 

Line  67,  at end insert—

 

‘(3)    

A Minister of the Crown must have regard to the desirability of securing that the

 

Commission (taken as a whole) has experience in or knowledge of—

 

(a)    

the formulation, implementation and evaluation of policy relating to

 

child poverty and social mobility;

 

(b)    

research in connection with child poverty and social mobility;

 

(c)    

work with children and families experiencing poverty.’.

 

Mr Liam Byrne

 

Stephen Timms

 

Ms Karen Buck

 

Margaret Curran

 

(c)

 

Line  67,  at end insert—

 

‘(3)    

Before appointing a member under subsection (1)(e) a Minister of the Crown

 

must consult—

 

(a)    

the chair, the deputy chair, and

 

(b)    

the Scottish Ministers, the Welsh Ministers and the relevant Northern

 

Ireland Department.’.

 

Mr Liam Byrne

 

Stephen Timms

 

Ms Karen Buck

 

Margaret Curran

 

(d)

 

Line  97,  at end insert—

 

‘8A(1)  

The Commission may at any time request the Minister of the Crown to carry

 

out, or commission others to carry out, such research on behalf of the


 
 

Notices of Amendments: 19 May 2011                     

279

 

Welfare Reform Bill, continued

 
 

Commission for the purpose of the carrying out of the Commission’s functions

 

as the Commission may specify in the request.

 

      (2)  

If the Minister of the Crown decides not to comply with the request, the

 

Minister of the Crown must notify the Commission of the reasons for the

 

decision.’.

 

Mr Liam Byrne

 

Stephen Timms

 

Ms Karen Buck

 

Margaret Curran

 

(e)

 

Line  139,  leave out sub-paragraph (2).

 

Entitlement to contributory employment and support allowance: preparations

 

Mr Liam Byrne

 

Stephen Timms

 

Ms Karen Buck

 

Margaret Curran

 

NC18

 

To move the following Clause:—

 

‘(1)    

Before implementing sections 51 and 52 of this Act, the Secretary of State shall

 

publish a report about how best to support individuals who are likely to be

 

affected by the time-limiting of contributory employment and support allowance

 

by virtue of those sections.

 

(2)    

The report in subsection (1) shall include—

 

(a)    

the steps the Secretary of State shall take to ensure that all those likely to

 

be affected by sections 51 and/or 52 receive sufficient support to move

 

into employment; and

 

(b)    

the steps the Secretary of State shall take to ensure that those who receive

 

a reduction or termination of their award as a consequence of sections 51

 

and/or 52 do not as a consequence experience unnecessary hardship or

 

poverty.

 

(3)    

The Secretary of State shall seek to ensure, including for the purposes of

 

subsection (2)(a), that at least 60 per cent. of recipients of contributory

 

employment and support allowance who are in the work related activity group

 

shall leave the benefit before they lose eligibility for contributory employment

 

and support allowance by virtue of sections 51 and/or 52.’.

 


 
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