Private Business in the House of Commons

Monday 16 March 2015

PRIVATE BUSINESS

The below contains information relating to Private Business. Private legislation is legislation of a special kind for conferring particular powers or benefits on specific individuals or organisations rather than the general population. Private business can be considered either in Committees or on the floor of the House.

For more information on Private Business please see the relevant section of Parliament’s website: http://www.parliament.uk/about/how/laws/bills/private/ .

Private Business For monday 16 March

Transport for London Bill [Lords]: Consideration

New Clause 1

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

To move the following Clause-

"TfL assets for development (disclosure)

(1) Within 3 months of this Act receiving Royal Assent, TfL shall publish a list of non-operational assets held by itself or a subsidiary that it regards as eligible for development, banded by value.

(2) Thereafter, TfL shall publish each year a list of non-operational assets that are under consideration for development where steps towards such development are planned to commence within the next 12 months."

New Clause 2

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

To move the following Clause-

"TfL assets (constraints on development)

(1) Tfl, or any subsidiary of TfL, shall not lease land to third parties which:

(a) has been used in the preceding 10 years,

(b) has been considered by TfL in the preceding 10 years as suitable, or

(c) is adjacent to land in use or in use in the preceding 10 years,

for the provision or maintenance of transport services for passengers.

(2) Before TfL, or any subsidiary of TfL, enters into a contract involving the development of land for other than the provision or maintenance of transport services for passengers, it must carry out a public consultation seeking views on the impact of so doing.

(3) Any consultation under subsection (2) must include consultation with:

(a) local communities likely to be affected

(b) the Greater London Authority

(c) London boroughs

(d) the City of London

(e) relevant trade unions"

Amendment (1)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 1, Preamble, leave out paragraph (2).

Amendment (2)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 1, Preamble, leave out paragraph (3)

Amendment (3)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 2, Clause 1, line 4, leave out "two" and insert "three".

Amendment (4)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 2, Clause 1, line 5, at end insert "save as provided for in subsection (3)."

Amendment (5)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 2, Clause 1, line 6, at end insert "save as provided for in subsection (3)."

Amendment (6)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 2, Clause 1, line 6, at end insert-

"(3) Sections 4, 5 and 6 of this Act shall not come into force until the Secretary of State has arranged for, and published the report of, a review of the-

(a) potential risks to the assets of Transport for London arising from the exercise of the relevant powers to be conferred thereby, and

(b) likely effectiveness of measures put in place by Transport for London in mitigation."

Amendment (7)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 2, Clause 3, line 17, after "TfL", insert "following consultation with the Greater London Assembly, and the publication of a report of such, and".

Amendment (8)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 2, Clause 3, line 19, leave out "two" and insert "three".

Amendment (9)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 2, Clause 3, line 25, leave out "two" and insert "three".

Amendment (15)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 2, leave out Clause 4.

Amendment (10)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 2, Clause 4, line 37, at end insert-

"(1A) The consent of the Mayor under subsection (1) may only be granted after the Mayor has consulted, and published a report of such consultation:

(a) the Greater London Assembly

(b) the London boroughs

(c) the City of London

(d) passenger representative bodies, and

(e) relevant trades unions."

Amendment (11)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 2, Clause 4, line 38, leave out "all or any" and insert "no more than 25%".

Amendment (12)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 2, Clause 4, line 41, leave out "including the creation of priority as between changes".

Amendment (13)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 3, Clause 4, line 9, leave out subsection (5).

Amendment (30)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 3, Clause 4, line 13, leave out "Except for the property identified in the Schedule to this Act".

Amendment (14)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 3, Clause 4, line 15, at end insert-

"(6A) TfL shall not charge any property for any of the purposes mentioned in subsection (2) unless-

(a) it has consulted the Greater London Assembly and published the results of that consultation, or

(b) the property falls within a category identified in the Schedule to this Act."

Amendment (31)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 3, Clause 4, line 15, at end insert-

"(6A) Any consent of the Secretary of State given under subsection (6A) above shall be given in an order made by the Secretary of State.

(6B) A statutory instrument containing (whether alone or with other provisions) an order under subsection (6B) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6C) An order under subsection (6A) above shall in each case include-

(a) the land registry title number or numbers of any property or properties to be charged, and

(b) a specification of the proprietor or proprietors of the charge.

(6D) The proprietor or proprietors of the charge under subsection (6D)(b) may not be a joint venture partner of Transport for London or one of its subsidiaries."

Amendment (18)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 3, leave out Clause 5.

Amendment (32)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 3, Clause 5, line 37, at end insert-

"(1B)(a) In considering whether or not to grant a consent under subsection (1B), the matters to be taken into account by the Secretary of State shall include, but not be limited to, the conduct of due diligence by TfL in respect of each prospective partner, and any third party whom a prospective partner may seek to involve in a proposed limited partnership, with regard to:

(a) each entity’s record of compliance with, or performance in respect of:

(i) environmental and sustainability regulatory requirements and performance indicators,

(ii) other regulatory areas, including health & safety, disability discrimination and equality,

(iii) openness, transparency and public or community consultation

(d) each entity’s country of registration

(e) the profile of each entity’s senior personnel against an objective standard such as the FSA’s Fit and Proper test for Approved Persons, and

(f) the access of each entity to levels of public liability, and any other required insurance, commensurate with its prospective involvement in the partnership. "

Amendment (16)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 3, Clause 5, line 40, at end insert-

"(1D) If, during the period of five years following the coming into force of subsection (1A) above, the Secretary of State has given consent to any transaction under that subsection, the Secretary of State may, following the expiry of that period, only give a further consent under that subsection if within the period of six months following that expiry-

(a) the Secretary of State has arranged an independent review of the use, performance and conduct of the limited partnership, or limited partnerships, in relation to which any such transactions have been entered into under that subsection during that five year period, and

(b) such a review has been conducted and recommended either-

(i) the continued participation by Transport for London in transactions of that type without any conditions, or

(ii) its continued participation in such transactions on condition that changes in policy or practice specified in the review are complied with (in which case, the Secretary of State may only give consent if satisfied that Transport for London has not failed to comply with any such condition so far and can reasonably be expected to comply with each such condition in the future).".

Amendment (17)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 4, Clause 5, line 4, leave out subsection (4) and substitute-

"(4) Insert-

(a) in section 420 (regulations and orders)-

(i) after subsection (2)-

"(2A) A statutory instrument containing (whether alone or with other provisions) an order under section 156(1B) above may be made only under the super-affirmative procedure in Schedule 33A to this Act ;

(ii) in subsection (6)(b), after "each House of Parliament", "and is not subject to the super-affirmative resolution procedure in Schedule 33A to this Act";

(b) after Schedule 33-

"SCHEDULE 33A–Section 420

SUPER-AFFIRMATIVE RESOLUTION PROCEDURE

1. The "super-affirmative resolution procedure" in relation to a draft order under section 156(1B) of this Act is as follows.

2. The Minister must¬-

(a) lay before Parliament a draft of the order, together with an explanatory document setting out-

(i) the reasons for including in the order the person specified under section 156(1C) of this Act;

(ii) the reasons for including in the order any conditions relating to that specification;

(iii) details of any such conditions that the Minister has considered and rejected for inclusion in the order and the reason for the rejection;

(iv) details of any consultation, if any, that the Minister has carried out in advance of that laying; and

(v) any possible consultation that the Minister has considered but omitted to carry out in advance of that laying and the reason for the omission; and

(b) have regard to-

(i) any representations,

(ii) any resolution of either House of Parliament, and

(iii) any recommendations of a committee of either House of Parliament charged with reporting on the draft order,

made during the 60-day period with regard to the draft order.

3. If, after the expiry of the 60-day period, the Minister wishes to make an order in the terms of the draft, he must lay before Parliament a statement-

(a) stating whether any representations were made under paragraph 2(b)(i) above; and

(b) if any representations were so made, giving details of them.

4. The Minister may after the laying of such a statement make an order in the terms of the draft if it is approved by a resolution of each House of Parliament.

5. However, a committee of either House charged with reporting on the draft order may, at any time after the laying of a statement under paragraph 3 above and before the draft order is approved by that House under paragraph 4 above, recommend under this sub-paragraph that no further proceedings be taken in relation to the draft order.

6. Where a recommendation is made by a committee of either House under paragraph 5 above in relation to a draft order, no proceedings may be taken in relation to the draft order in that House under paragraph 4 above unless the recommendation is, in the same Session, rejected by resolution of that House.

7. If, after the expiry of the 60-day period, the Minister wishes to make an order consisting of a version of the draft order with material changes, he must lay before Parliament-

(a) a revised draft order; and

(b) a statement giving details of-

(i) any representations made under paragraph 2(b)(i) above; and

(ii) the revisions proposed.

8. The Minister may after laying a revised draft order and statement under paragraph 7 above make an order in the terms of the revised draft if it is approved by a resolution of each House of Parliament.

9. However, a committee of either House charged with reporting on the revised draft order may, at any time after the revised draft order is laid under paragraph 7 above and before it is approved by that House under paragraph 8 above, recommend under this paragraph that no further proceedings be taken in relation to the revised draft order.

10. Where a recommendation is made by a committee of either House under paragraph 9 above in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in that House under paragraph 8 above unless the recommendation is, in the same Session, rejected by resolution of that House.

11. For the purposes of paragraphs 4 and 8 above an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.

12. In this Schedule-

(a) the "60-day period" means the period of 60 days beginning with the day on which the draft order was laid before Parliament under paragraph 2(a) above ; and

(b) in calculating that period no account shall be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.".

Amendment (19)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 4, Clause 6, line 19, leave out "or a limited partnership".

Amendment (20)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 4, Clause 6, line 37, leave out paragraph (b).

Amendment (33)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 5, Clause 7, line 25, at end insert-

"(5) TfL shall conduct a review, and publish a report, after 12 months of the operation of the s49 Transport for London Act 2008 powers, as amended by this section, of the use and impact of those powers in relation to investment by subsidiaries of TfL in derivatives in order to limit exposure to changes in interest rates, exchange rates, commodity prices or other matters specified in s49(3) of the 2008 Act.

(6) Each subsidiary of TfL shall publish a report each year of the use made of the powers under s49 of the Transport for London Act 2008, as amended by this section, in relation to investments made in derivatives, or equivalent instruments, in order to limit exposure to changes in interest rates, exchange rates, commodity prices or other matters specified in s49(3) of the 2008 Act."

Amendment (21)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 6, Schedule, paragraph 1, sub-paragraph (c), at end add "subject to the Secretary of State’s satisfaction that TfL has undertaken, or caused to be undertaken, an effective risk assessment in respect of the impact on public heath of such use."

Amendment (22)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 6, Schedule, paragraph 1, leave out sub-paragraph (d).

Amendment (23)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 6, Schedule, paragraph 1, sub-paragraph (i), at end add "provided such property is not located within the curtilage of a bus, rail or underground station."

Amendment (24)

John McDonnell

Jeremy Corbyn

Mr George Galloway

Mr Andy Slaughter

Page 6, Schedule, paragraph 1, sub-paragraph (o), at end add "provided such property is not located within the curtilage of a bus, rail or underground station."

Amendment (25)

Jeremy Corbyn

John McDonnell

Mr George Galloway

Mr Andy Slaughter

Page 6, Schedule, paragraph 1(k), line 19, after "machines", insert "and other property which is exploited for commercial purposes other than within stations."

Amendment (26)

Jeremy Corbyn

John McDonnell

Mr George Galloway

Mr Andy Slaughter

Page 6, Schedule, paragraph 1(k), line 19, leave out from the first "stations" to the end of the sub-paragraph.

Amendment (27)

Jeremy Corbyn

John McDonnell

Mr George Galloway

Mr Andy Slaughter

Page 6, Schedule, paragraph 1, leave out sub-paragraph (k).

Amendment (28)

Jeremy Corbyn

John McDonnell

Mr George Galloway

Mr Andy Slaughter

Page 6, Schedule, paragraph 1, leave out sub-paragraph (m).

Amendment (29)

Jeremy Corbyn

John McDonnell

Mr George Galloway

Mr Andy Slaughter

Page 6, Schedule, paragraph 1, leave out sub-paragraph (n).