Nusrat Ghani MP: speeches

Speeches

• 1 Jul 2025 · Universal Credit and Personal Independence Payment Bill · Hansard source

  More

  The hon. Member has put her point on the record. She has been a Minister in the past and so will know that the scheduling of business is a matter for the Government, and not for the Chair. Universal Credit and Personal Independence Payment Bill (Programme) Motion made, and Question put forthwith (Standing Order No. 83A(7 ), That the following provisions shall apply to the Universal Credit and Personal Independence Payment Bill: Committal (1) The Bill shall be committed to a Committee of the whole House. Proceedings in Committee, on Consideration and on Third Reading (2) Proceedings in Committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced. (3) Any proceedings on Consideration and proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which proceedings in Committee of the whole House are commenced. Programming committee (4) Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to proceedings on Third Reading.— (Chris Elmore.) Question agreed to. Universal Credit and Personal Independence Payment Bill (Money) King’s r ecommendation signified. Motion made, and Question put forthwith (Standing Order No. 52(1)(a)), That, for the purposes of any Act resulting from the Universal Credit and Personal Independence Payment Bill, it is expedient to authorise the payment out of money provided by Parliament of: (a) any increase in the administrative expenses of the Secretary of State that is attributable to the Act; (b) any increase in sums payable by virtue of any other Act out of money so provided that is attributable to increasing— (i) the standard allowance or limited capability for work and work-related activity element of universal credit; (ii) the personal allowance, support component, severe disability premium or enhanced disability premium of income-related employment and support allowance.— (Chris Elmore.) Question agreed to.

• 10 Jun 2025 · Point of Order · Hansard source

  More

  I thank the hon. Member for advance notice of his point of order. I can assure him and the House that nothing irregular or, indeed, unusual took place last night. It is usual for the Speaker to give provisional advance notice of amendments and new clauses that are expected to be selected for separate decision. However, it is not infrequent for the Chair to make changes based on new information that comes to light during the course of the debate, particularly when the lead signatory to an amendment or new clause indicates that they do not wish to move it. Only an amendment or new clause that has been moved by a Member needs to be withdrawn with the leave of the House before the Question is put. This only applies to the lead amendment or new clause in any group. In this instance, the Member had not been called to move the new clause, so there was nothing to withdraw. It is wholly appropriate and normal for the Chair to decide not to call a new clause or amendment for a separate decision when the lead signatory has indicated they do not wish to move it. Ideally, this indication should have been made in the course of the debate by the Member who tabled the new clause. The hon. Member for Hamble Valley (Paul Holmes) knows very well how to touch base with the Table Clerks and the staff in the Speaker’s Office. Bill Presented British Indian Ocean Territory (Sovereignty and Constitutional Arrangements) Bill Presentation and First Reading (Standing Order No. 57) Priti Patel, supported by Andrew Rosindell, Wendy Morton, James Cartlidge, Mr Mark Francois, Helen Grant, Jesse Norman, Alex Burghart, Andrew Griffith, Sir Mel Stride, Mr Richard Holden and Mike Wood, presented a Bill to make provision about sovereignty and constitutional arrangements in respect of the British Indian Ocean Territory, also known as the Chagos Archipelago; to prohibit the making of payments of public funds to the government of another country in connection with the sovereignty or constitutional arrangements of the British Indian Ocean Territory, unless authorised by Parliament; to require the Secretary of State to consult and engage with British Chagossians in relation to any proposed changes to the sovereignty and constitutional arrangements of the British Indian Ocean Territory; and for connected purposes. Bill read the First time; to be read a Second time on Friday 13 June, and to be printed (Bill 258).

• 4 Jun 2025 · Product Regulation and Metrology Bill [Lords] · Hansard source

  More

  With this it will be convenient to discuss the following: New clause 2— Requirement to inform customers about changes to prepackaged products — “(1) A supermarket must inform customers if— (a) there has been an increase in price per unit of measurement in any prepackaged product sold by the supermarket; and (b) this increase has resulted from a decrease in the quantity of the goods included within the package. (2) The requirement to inform customers must include a statement attached to the product, or placed alongside the product. (3) The statement must— (a) include the amount the quantity has decreased by and the amount the price per unit of measure has increased by; (b) be the same font size as the unit price of the product and must be visible and legible; and (c) be in place from the date of the change in unit quantity and remain in place for the following 60 days. (4) In this section— ‘prepackaged product’ is a product that has been wrapped or placed in a container before being made available for retail; ‘quantity of goods’ includes, but is not limited to— (a) weight of goods; (b) volume of goods; (c) number of units; ‘supermarket’ is a store with a sales area greater than 400m² of which 50% or more of the products sold are food products.” This new clause would place a requirement on supermarkets to inform customers when the quantity of goods within the product had decreased resulting in a price increase per unit of measurement. New clause 3— Reviews of potential country of origin labelling for meat products — “(1) The Secretary of State must undertake a review into the feasibility, benefits, and potential impacts of requiring food service businesses employing over 250 people to display the country of origin of beef products sourced from the United States on menus. (2) The review must consider— (a) the potential public health, environmental, and animal welfare concerns related to beef production standards in the United States compared to those in the United Kingdom; (b) the practicality of creating regulations for the labelling of beef for food service businesses equivalent to the Beef and Veal Labelling (England) Regulations 2010; (c) consumer demand for country of origin information in relation to beef products; and (d) the practicality and cost implications for the hospitality sector. (3) The Secretary of State must, in undertaking the review, consult with representatives of the food and hospitality sectors, the National Farmers Union, food safety bodies, animal welfare groups, and any other stakeholders deemed relevant. (4) The Secretary of State must lay a report on the findings of the review before Parliament within 6 months of the passing of this Act. (5) Within 6 months of laying the report under subsection (5) the Government must undertake a further review into the feasibility, benefits, and potential impacts of requiring food service businesses employing over 250 people to display the country of origin labelling for any meat product from any country with reference to the outcomes of the report under subsection (5). (6) The Secretary of State must lay a report on the findings of the review under subsection (6) before Parliament within 6 months of the launch of that review.” This new clause requires the Government to undertake reviews into the feasibility of requiring food businesses to disclose the country of origin of meat products on menus. New clause 4— Labelling for UK-produced or manufactured products — “(1) The Secretary of State must establish a voluntary labelling system to indicate when a product has been produced or manufactured in the United Kingdom. (2) The label must be— (a) displayed clearly on the front-facing packaging of applicable goods; (b) standardised in appearance, including a nationally recognised symbol or wording indicating UK origin; and (c) legible, visible and no smaller in font size than the unit price display or equivalent information on the product. (3) A product qualifies for the label if— (a) it is wholly or substantially produced, manufactured, grown or reared in the United Kingdom; and (b) it meets any additional criteria as set out by regulations made by the Secretary of State. (4) The Secretary of State must consult food producers, retailers, consumer groups and relevant trade associations before setting the criteria for qualifying products and the design of the label. (5) The Secretary of State must undertake a promotional campaign to ensure consumers are aware of the new labelling system. (6) Regulations under this section must be made within 2 months of the passing of this Act. (7) In this section— ‘product’ includes food, drink and manufactured goods available for retail sale; ‘produced or manufactured in the United Kingdom’ includes goods where the final significant production process occurred in the UK.” This new clause would require the Government to introduce a voluntary labelling system, clearly marking goods produced or manufactured in the UK, helping consumers make informed choices and supporting domestic producers. New clause 5— Support and Guidance for Small and Medium-Sized Enterprises — “(1) The Secretary of State must produce and maintain guidance for small and medium-sized enterprises on how to comply with any provisions made by regulations under this Act. (2) The guidance must include— (a) a summary of the key provisions of the Act relevant to SMEs; (b) practical advice on compliance requirements; (c) information on any available financial, technical, or advisory support; and (d) contact details for further enquiries or assistance. (3) The first version of the guidance must be published on the day this Act is passed. (4) Each time regulations are made under this Act, a revised version of the guidance must be published on the day the regulations are made.” This new clause would ensure that guidance and support for SMEs on the impact of the Bill should be available 60 days before implementation. New clause 6— Review of access to testing and certification for small and medium-sized enterprises (SMEs)— (1) The relevant Minister must undertake a review into the accessibility and affordability of independent product testing and certification for small and medium-sized enterprises (SMEs) in relation to the requirements of this Act. (2) The review must include consideration of— (a) the typical costs incurred by SMEs in meeting relevant testing and certification requirements; (b) the availability and capacity of accredited testing providers serving SMEs; (c) any barriers to market access arising from testing and certification obligations; and (d) potential non-financial measures to support SMEs in meeting compliance requirements. (3) The Minister must publish a report on the findings of the review, including any recommendations, within 12 months of the commencement of this section.” This new clause would require the Government to undertake a review into the accessibility and affordability of independent product testing and certification for small and medium-sized enterprises (SMEs) in relation to the requirements of this Act. New clause 7— Liability and redress for unsafe or defective products — “The Secretary of State may by regulations make provision for— (a) the extension of liability for unsafe or defective products to online marketplaces and any other persons within the scope of section 2(3); (b) the disclosure of evidence in relation to claims for compensation or other rights of action in law for harm caused by unsafe or defective products and presumptions of liability that may arise accordingly; (c) proceedings, including collective proceedings, to ensure redress for consumers or other individuals suffering harm as a result of unsafe or defective products made available in breach of requirements imposed under powers given by this Act.” This new clause allows the Secretary of State to make regulations providing for liability of online marketplaces for defective and unsafe products, and to ensure that those suffering harm from unsafe or defective products can obtain redress. New clause 8— Alignment with EU law — “(1) Where equivalent or similar EU law exists in relation to relevant product regulations, the Secretary of State must, when making provision under section 1, update Parliament on whether the Government proposes to vary the regulations from alignment with EU law. (2) If the Secretary of State believes divergence from relevant EU law to be in the interests of the United Kingdom, they must arrange for a statement to be made in Parliament on the benefits to United Kingdom business to be achieved by this divergence, at least fourteen days before the relevant regulations are laid before Parliament. (3) If the Secretary of State believes alignment with the relevant EU law to be in the interests of the United Kingdom, they must arrange for a statement to be made in Parliament on the benefits to United Kingdom business to be achieved by this alignment, at least fourteen days before the relevant regulations are laid before Parliament. (4) The statement under subsection (2) or (3) must include the date by which any such regulations will be reviewed, which can be no later than 36 months after implementation.” This new clause provides greater regulatory certainty for UK businesses by requiring scrutiny of all decisions to diverge or align with EU regulations and a process for Parliamentary scrutiny and review, whether Ministers determine that divergence or alignment from such regulations would be in the best interests of the UK. New clause 9— Inclusion of lithium-ion batteries as a priority product category — “(1) The Secretary of State must, within three months of the passing of this Act, make regulations under this Act to include lithium-ion batteries as a specified product category subject to relevant safety, performance, labelling, environmental, and end-of-life requirements. (2) Regulations made under subsection (1) must include— (a) provisions for minimum safety and performance standards for lithium-ion batteries placed on the UK market; (b) requirements for clear labelling, including information on capacity, cycle life, and safe handling; (c) obligations for manufacturers and importers relating to fire safety, product recalls, and end-of-life disposal or recycling; (d) powers for market surveillance authorities to take enforcement action in relation to non-compliant lithium-ion batteries. (3) In this section, a ‘lithium-ion battery’ means any rechargeable battery containing lithium compounds as a primary component of the electrochemical cell.[KM1] (4) Before making regulations under this section, the Secretary of State must consult the following stakeholders— (a) representatives of the battery industry, (b) environmental groups, (c) consumer safety organisations, (d) fire services, and (e) any other person whom the Secretary of State considers to be relevant.” This new clause would ensure that Lithium-ion batteries are included in the Bill. New clause 10— Duties of online marketplaces — “(1) Without prejudice to the generality of any other powers or duties conferred by this Act, the Secretary of State must by regulations make provision about requirements that must be met by a person mentioned in section 2(3)(e), including regarding duties— (a) to operate an online marketplace using effective systems and processes designed to monitor for, and identify, products presenting risks to consumers or other individuals and prevent such products being made available on or through the online marketplace; (b) to cooperate with relevant authorities, with other persons mentioned in subsection 2(3) or any other relevant persons, to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a product that is or was made available on or through their online marketplace; (c) to ensure that information regarding the identity and activities of persons marketing products on or through online marketplaces to consumers or other individuals is obtained and verified; (d) to remove products presenting risks to consumers or other individuals from availability on or through an online marketplace as quickly as possible if alerted to their presence or becomes aware of it in any other way. (2) Within 3 months from the day on which this Act is passed, the Secretary of State must publish and lay before Parliament a statement that sets out how the Secretary of State is exercising, or expects to exercise, the powers under subsection (1) regarding the proposed duties that must be met by a person mentioned in section 2(3)(e).” This new clause provides a list of duties that must be imposed upon online marketplaces by regulations, and for a statement by the Secretary of State to be made to Parliament within 3 months of Royal Assent regarding the exercise of the duties conferred by this section. New clause 11— Product recall — “(1) The Secretary of State must, within six months of the passing of this Act, make regulations on product recall processes. (2) The regulations must include provision to ensure— (a) the creation and maintenance of a publicly accessible, government-hosted online database of all active product recalls affecting the UK market; (b) clear obligations on manufacturers, importers, and distributors to notify the appropriate enforcement authority and upload recall notices to the database promptly upon identification of a safety risk; (c) that recall notices include details of the affected product, risks identified, corrective action to be taken, and information on how consumers can claim a refund, replacement, or repair; and (d) minimum standards for direct communication to affected consumers, including by email, SMS, or postal notice where reasonably practicable. (3) The regulations must establish consumer rights entitling individuals to— (a) a full refund, suitable replacement, or repair of a recalled product within a reasonable timeframe; (b) access to support and guidance through the recall process, including where a product is no longer in production. (4) The Secretary of State must consult with consumer protection organisations, trading standards bodies, manufacturers, and other relevant stakeholders before making regulations under this section.” This new clause would ensure that a centralised Product Recall Mechanism is established to protect consumers. New clause 12— Local weights and measures authorities: review — “(1) The Secretary of State must, within one year of the day on which this Act is passed, lay before Parliament a review of the funding and capabilities of local weights and measures authorities to carry out in an effective way their enforcement responsibilities under the regulatory framework provided by this Act and other trading standards and consumer protection laws. (2) In conducting the review under subsection (1), the Secretary of State must consult regulators and other persons likely to be affected by the review, including such representatives of consumer and business organisations as they consider appropriate.” This new clause provides for the Secretary of State to carry out a review of how the funding and capabilities of Trading Standards authorities affects their enforcement activities, to consult appropriate bodies and stakeholders and to lay the review before Parliament. New clause 13— International agreements — “(1) The Secretary of State may not make regulations under section (1)(2) or section (2)(7) that will disadvantage the United Kingdom or its trade under— (a) the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, (b) the Japan Economic Comprehensive Partnership Agreement, (c) the UK-Canada Continuity Trade Agreement, (d) The UK-Australia Free Trade Agreement, (e) the UK-New Zealand Free Trade Agreement, or (f) any other trade treaties to which the United Kingdom is, or becomes, a signatory, including any free trade agreement with the United States of America and India.” This new clause would prevent the Secretary of State making regulations to align with EU standards which would damage the UK’s current or future trade agreements. New clause 14— Review Panel — “(1) The Secretary of State must establish an independent review panel (“the Panel”) no later than 2 years after the day on which this Act comes into force. (2) The Panel must— (a) carry out a review of all regulations under this Act corresponding to, similar to, or making references to, the requirements of relevant foreign laws under section 2(7), with a view to establishing— (i) their effect on economic growth; (ii) their effect on trade in the product concerned on a global basis; (iii) their effect on the relevant industry or industries within the United Kingdom; (b) prepare a report of the review, and (c) lay a copy of the report before Parliament, no later than 12 months from the date of the Panel’s creation. (3) The Panel must consist of— (a) at least one person with expertise in economics; (b) at least one person with expertise in trade policy; (c) at least one person with expertise in domestic regulation of business.” This new clause would ensure a review and report to Parliament of any regulations aligning UK regulations with those of other countries or territories. New clause 15— Consultation on committee to examine changes to product regulations — “(1) The Secretary of State must, within three months of the passing of this Act, commission a consultation on the creation of a committee on changes to product regulations. (2) A consultation under subsection (1) must consider the suitability of current scrutiny mechanisms for assessing regulations created through the powers created or amended by the Product Regulation and Metrology Act 2025. (3) A consultation under subsection (1) must consult— (a) the Chair of the House of Commons Business and Trade Committee, (b) the Chair of the House of Commons Foreign Affairs Select Committee, (c) the Chair of the House of Commons Liaison Committee, (d) the Chair of the House of Commons Public Administration and Constitutional Affairs Committee, and (e) the House of Commons Commission. (4) The Secretary of State must, as soon as practicable after receiving a report of a consultation under subsection (1), lay before both Houses of Parliament— (a) a copy of the report of the consultation, and (b) a statement setting out the Secretary of State’s response to that consultation.” The new clause would require the Secretary of State to consult on the establishment of a House of Commons committee that would examine all changes to product regulations which are made by the powers granted by this legislation. New clause 16— Regulations: requirement for certification — “When laying regulations to be made using the regulation making powers in this Act, the Secretary of State must certify that their effect is not to undermine the resolve of our constitutional arrangements to honour the choice of the people of the United Kingdom to leave the European Union by means of subjecting the United Kingdom to the same law as the European Union so it could subsequently be argued that the United Kingdom should rejoin so it has a voice in making the legislation rather than adopting legislation that has already been made by the European Parliament and Council of Ministers.” New clause 17— Brexit good faith statement — “When laying regulations to be made using the regulation making powers in this Act, the Secretary of State must provide a statement (a “Brexit good faith statement”) setting out how in the development of the regulations it has sought to honour the decision of the people of the United Kingdom to leave the European Union by developing, through the regulations, a legislative framework that intentionally seeks to exploit the opportunities afforded by Brexit to develop competitive and other advantages for the United Kingdom compared with the European Union in the global marketplace.” Amendment 9, in clause 1, page 1, line 3, leave out subsection (1). This amendment seeks to remove the broad powers granted to the Secretary of State under product regulations, when defining and regulating risks and determining what constitutes efficient or effective product operation. Amendment 10, page 1, line 9, leave out subsection (2). This amendment removes the Secretary of State’s ability to make regulations about the marketing or use of products in the United Kingdom which corresponds, or is similar to, a provision of relevant EU law for the purpose of reducing or mitigating the environmental impact of products. Amendment 11, page 1, line 9, leave out “also”. This amendment is consequential on Amendment 9. Amendment 32, page 1, line 10, leave out “the United Kingdom” and insert “Great Britain”. Amendment 25, page 1, line 11, leave out “EU” and insert “foreign”. Amendment 12, page 1, line 13, leave out “(1) or”. This amendment is consequential on Amendment 9. Amendment 7, page 1, line 14, at end insert— “(3A) Further, the Secretary of State may only make regulations under subsections (1) or (2) if satisfied that making the regulations will not result in reducing the necessary levels of consumer protection and regulatory standards in relation to products, with reference where applicable to equivalent product regulations or standards in force at the time.” This amendment prevents the Secretary of State from making regulations unless satisfied that the regulations will not reduce consumer protection and regulatory standards in relation to products. Amendment 8, page 1, line 21, at end insert— “(4A) The Secretary of State must also by regulations make provision aimed at promoting investment, fostering innovation, and encouraging economic growth in relation to the marketing or use of products in the United Kingdom. (4B) Regulations under subsection (4A) must support— (a) the creation of economic incentives for businesses that contribute to economic growth, and (b) the alignment of product regulations with the strategic aim of positioning the United Kingdom as a global leader in innovation.” This amendment ensures that the regulations in the Bill prioritise economic growth and the United Kingdom’s role in innovation and economic expansion. Amendment 26, page 2, leave out lines 12 to 18 and insert— “‘relevant foreign law’ means law of one or more of the United States of America, Canada, Japan, the European Union, Switzerland, Australia, or New Zealand relating to standards, the marketing, or use of products in those markets, which are in force on a specific date and only that date, as specified in regulations;” Amendment 5, in clause 2, page 3, line 6, at end insert— “(2A) Product regulations must include requirements in relation to an environmental impact assessment, and provisions related to the right to repair and the circular economy.” This amendment guarantees that future regulations under the Act will include provisions which relate to the circular economy and granting consumers the right to repair products. Amendment 3, page 3, line 21, at end insert— “(fa) a person involved on behalf of a person mentioned in paragraphs (a) to (f), in product marketing or the use of products, including storage, transportation, packaging, labelling or disposal;”. This amendment closes a potential loophole in the Secretary of State’s powers to ensure that, whatever their legal status or location, all relevant organisations in the supply chain, including fulfilment houses, can be held accountable by regulations to protect consumers from non-compliant goods. Amendment 16, page 3, line 39, leave out subsections (7) and (8). This amendment removes the ability for product regulations to provide that product requirements are met if the requirements of relevant EU law are met. Amendment 27, page 3, line 41, leave out “EU” and insert “foreign”. Amendment 14, page 4, line 2, at end insert— “(7A) Any regulations under subsection (7) which specify a relevant foreign law must specify that the foreign law referred to is that which is in application on a particular date, which must be specified.” This amendment prevents the Bill enabling ambulatory references or dynamic alignment to relevant foreign laws, and only enables alignment with laws as they stand on a particular defined date. Amendment 15, page 4, line 2, at end insert— “(7A) Notwithstanding the provisions of subsection (7)(a), a product requirement of relevant EU law must not be treated as met unless regulations are made by the Secretary of State to incorporate them into United Kingdom law.” Amendment 28, page 4, line 5, at end insert— “(8A) Before making provision described in subsection (7), the Secretary of State must make a statement in Parliament if the provision relates to relevant foreign law of only one of the markets listed in the definition of ‘relevant foreign law’ in section 1(7).” This amendment, and Amendments 25, 26 and 27, open up the possibility of defining product regulations by relation to the laws of countries other than the European Union, and require the justification of decisions to limit any such reference to the laws of one territory only. Amendment 29, page 4, line 5, at end insert— “(8B) The final meaning or interpretation of any provision of relevant foreign law under this Act shall be made exclusively by the Secretary of State or by a court or tribunal of the United Kingdom, as appropriate, and must not be delegated or conceded to any other authority within or outside the United Kingdom. (8C) The enforcement of any provision of relevant foreign law under this Act must be undertaken exclusively by the authorities of the United Kingdom Government and must not be delegated or conceded to any other authority within or outside the United Kingdom.” This amendment would prevent the interpretation or enforcement of any regulations referring to foreign law, notably that of the EU, from being undertaken by any authorities other than those based in the UK (for example the European Commission or the CJEU). Amendment 13, page 4, line 6, at end insert— “(10) The provision described in subsection (7) may only be made if— (a) a Minister of the Crown has laid before each House of Parliament a statement explaining the necessity of aligning with relevant EU law, and (b) the updated provision had been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown.” This amendment would require the Secretary of State to make a statement to Parliament when aligning with EU law, and for Parliament to approve that provision before aligning with EU law. Amendment 17, page 4, line 6, at end insert— “(10) The final meaning or interpretation of any provision of relevant EU law under this Act must be made exclusively by the Secretary of State or by a court or tribunal of the United Kingdom, as appropriate, and may not be delegated or conceded to any other authority within or outside the United Kingdom. (11) The enforcement of any provision of relevant EU law under this Act must be undertaken exclusively by the authorities of the United Kingdom Government and may not be delegated or conceded to any other authority within or outside the United Kingdom.” This amendment would prevent the interpretation or enforcement of any regulations referring to EU law from being undertaken by any authorities other than those based in the UK (for example the European Commission or CJEU). Amendment 21, in clause 3, page 4, line 8, leave out subsections (1) and (2). Amendment 22, page 4, line 11, leave out subsection (3). Amendment 23, page 4, line 17, leave out subsection (4). Amendment 24, page 5, line 16, leave out subsections (9) to (11). Amendment 6, in clause 12, page 11, line 37, at end insert— “‘circular economy’ means that products are manufactured to minimise waste and maximise the use, reuse, and recyclability of products;”. This amendment clarifies the meaning of “circular economy” and is consequential on Amendment 5. Amendment 4, page 12, line 21, at end insert— “(e) provision described in section [Product recall].” Amendment 1, in clause 13, page 13, line 4, leave out from “Act” to “may” in line 5. This amendment would make all regulations under this act subject to affirmative resolution of both Houses of Parliament. Amendment 2, page 13, line 8, leave out subsections (4) and (5) This amendment is consequential on Amendment 1. Amendment 30, page 13, line 8, at end insert— “(za) provision described in section 2(7);” This amendment would ensure that the affirmative parliamentary procedure will apply to regulations under Clause 2(7), that is, any regulations which include referenced to relevant foreign law. Amendment 31, page 13, line 19, at end insert— “(4A) Any regulations made under section 1(1) or (2) which correspond to, are similar to, or make a reference to the requirement of relevant foreign laws under section 2(7), expire at the end of four years from the date on which they come into force.” Amendment 18, page 13, line 24, at end insert— “(6A) Regulations that amend or replace primary legislation must be subject to the affirmative resolution procedure. (6B) Before making any regulations under this section, the Secretary of State must— (a) conduct a consultation for a period of no less than six weeks; (b) publish a statement outlining the purpose and necessity of the proposed regulations, the expected impact on businesses, consumers, and enforcement bodies, and the outcome of the consultation. (6C) Within six months of any regulations made under this section which amend or repeal primary legislation, the Secretary of State must publish a review of the effect of that regulation and lay it before Parliament.” This amendment requires that any regulations made under the Act that amend or replace primary legislation be subject to the affirmative resolution procedure. Amendment 33, page 13, line 24, at end insert— “(6A) Where the regulations are for the purpose of applying to Great Britain regulations already applied to Northern Ireland by the European Union, Northern Ireland must also be involved in the said consultation on an equal basis with the rest of the United Kingdom.”

• 20 May 2025 · Points of Order · Hansard source

  More

  I am grateful to the hon. Member for giving notice of his point of order. The attendance of witnesses before Select Committees is not a matter for the Chair. However, it is surprising that the current National Security Adviser has declined to appear before the Joint Committee when all of his predecessors have been willing to do so. The Government’s own guidance on the matter states: “Parliament has powers to call any individual to give evidence… When a Select Committee indicates that it wishes to take evidence from any particular names official, including special advisers, the presumption is that Ministers will seek to agree such a request.” I am sure that the Clerks will be able to advise the hon. Member and his Committee on how best to pursue the matter further. Bill Presented Child Abduction and Custody Act 1985 (Amendment) Bill Presentation and First Reading (Standing Order No. 57) Lisa Smart, supported by Ben Maguire and Josh Babarinde, presented a Bill to amend the Child Abduction and Custody Act 1985 to make provision about the interpretation of that Act in relation to domestic abuse. Bill read the First time; to be read a Second time on Friday 11 July , and to be printed (Bill 246 ).

• 20 May 2025 · Points of Order · Hansard source

  More

  I and the right hon. Member both came into Parliament together. He knows how to obtain a Standing Order No. 24 debate, so he does not need me to remind him of the process. He will get much advice from the Speaker’s Office. Without doubt, the strength of feeling has been heard repeatedly, in the statement and in those two points of order, by the Foreign Secretary and Ministers on the Front Bench.

• 14 May 2025 · Data (Use and Access) Bill [Lords] · Hansard source

  More

  I thank the hon. Gentleman for giving notice of his point of order. He is entirely correct to say that the House took an urgent question earlier today on the provisions of the ministerial code. Those provisions make clear that when the House of Commons is sitting, major Government announcements should be made to the House first. That point has been made repeatedly from the Chair, including on multiple recent occasions. Ministers are accountable to this House, and should make every effort to inform this House of policy developments via statements wherever it is possible to do so. While I have been in the Chair, I have had no warning that a statement is due today. The Government and, no doubt, those on the Treasury Bench will have heard both the point of order and my response, and I trust they will act accordingly and with some urgency. I call the shadow Minister.

• 12 May 2025 · Border Security, Asylum and Immigration Bill · Hansard source

  More

  It has been brought to my attention that not all the Division bells are working. We are trying to rectify that as soon as possible. I urge colleagues to remain close to the Chamber and the estate, and to keep their eyes on the annunciators. New Clause 21 Removal of restrictions on asylum seekers engaging in employment “The Secretary of State must, within three months of the date on which this Act is passed, lay before Parliament a statement of changes in the rules (the ‘immigration rules’) under section 3(2) of the Immigration Act 1971 (general provisions for regulation and control) to make provision for asylum applicants to take up employment whilst their application is being determined, if it has been over three months since the application was made, with no decision made.”— (Lisa Smart.) This new clause would remove the restriction on working for asylum seekers, if it has been over three months since they applied. Brought up. Question put, That the clause be added to the Bill.

• 7 May 2025 · Data (Use and Access) Bill [Lords] · Hansard source

  More

  With this it will be convenient to discuss the following: Government new clause 17— Report on the use of copyright works in the development of AI systems . New clause 1— Age of consent for social media data processing— “(1) The UK GDPR is as amended as follows. (2) In Article 8 of the UK GDPR (Conditions applicable to child's consent in relation to information society services) After paragraph 1 insert— ‘(1A) References to 13 years old in paragraph 1 shall be read as 16 years old in the case of social networking services processing personal data for the purpose of delivering personalised content, including targeted advertising and algorithmically curated recommendations. (1B) For the purposes of paragraph 1A “social networking services” means any online service that— (a) allows users to create profiles and interact publicly or privately with other users, and (b) facilitates the sharing of user-generated content, including text, images, or videos, with a wider audience. (1C) Paragraph 1B does not apply to— (a) educational platforms and learning management systems provided in recognised educational settings, where personal data processing is solely for educational purposes. (b) health and well-being services, including NHS digital services, mental health support applications, and crisis helplines, where personal data processing is necessary for the provision of care and support’”. This new clause would raise the age for processing personal data in the case of social networking services from 13 to 16. New clause 2— Compliance with UK copyright law by operators of web crawlers and general-purpose AI models— “(1) The Secretary of State must by regulations make provision (including any such provision as might be made by Act of Parliament), requiring the operators of web crawlers and general-purpose artificial intelligence (AI) models whose services have links with the United Kingdom within the meaning of section 4(5) of the Online Safety Act 2023 to comply with United Kingdom copyright law, including the Copyright, Designs and Patents Act 1988, regardless of the jurisdiction in which the copyright-relevant acts relating to the pre-training, development and operation of those web crawlers and general-purpose AI models take place. (2) Provision made under subsection (1) must apply to the entire lifecycle of a general-purpose AI model, including but not limited to— (a) pre-training and training, (b) fine tuning, (c) grounding and retrieval-augmented generation, and (d) the collection of data for the said purposes. (3) The Secretary of State must lay before Parliament a draft of the statutory instrument containing regulations under subsection (1) within six months of the day on which this Act is passed and the regulations are subject to the affirmative procedure.” This new clause requires web crawlers and general-purpose AI models with UK links to comply with UK copyright law across all stages of AI development. New clause 3— Transparency of crawler identity, purpose and segmentation — “(1) The Secretary of State must by regulations make provision requiring operators of web crawlers and general-purpose artificial intelligence (AI) models whose services have links with the United Kingdom within the meaning of section 4(5) of the Online Safety Act 2023 to disclose information regarding the identity of crawlers used by them or by third parties on their behalf, including but not limited to— (a) the name of the crawler, (b) the legal entity responsible for the crawler, (c) the specific purposes for which each crawler is used, (d) the legal entities to which operators provide data scraped by the crawlers they operate, and (e) a single point of contact to enable copyright owners to communicate 35 with them and to lodge complaints about the use of their copyrighted works. (2) The information disclosed under subsection (1) must be available on an easily accessible platform and updated at the same time as any change. (3) The Secretary of State must by regulations make provision requiring operators of web crawlers and general-purpose AI models to deploy distinct crawlers for different purposes, including but not limited to— (a) web indexing for search engine results pages, (b) general-purpose AI model pre-training, and (c) retrieval-augmented generation. (4) The Secretary of State must by regulations make provision requiring operators of web crawlers and general-purpose AI models to ensure that the exclusion of a crawler by a copyright owner does not negatively impact the findability of the copyright owner’s content in a search engine. (5) The Secretary of State must lay before Parliament a draft of the statutory instrument containing regulations under this section within six months of the day on which this Act is passed and the regulations are subject to the affirmative procedure.” This new clause requires operators of web crawlers and AI models to disclose their identity, purpose, data-sharing practices, and use separate crawlers for different functions. New clause 4— Transparency of copyrighted works scraped — “(1) The Secretary of State must by regulations make provision requiring operators of web crawlers and general-purpose artificial intelligence (AI) models whose services have links with the United Kingdom within the meaning of section 4(5) of the Online Safety Act 2023 to disclose information regarding text and data used in the pre-training, training and fine-tuning of general purpose AI models, including but not limited to— (a) the URLs accessed by crawlers deployed by them or by third parties on their behalf or from whom they have obtained text or data, (b) the text and data used for the pre-training, training and fine-tuning, including the type and provenance of the text and data and the means by which it was obtained, and (c) information that can be used to identify individual works, and (d) the timeframe of data collection. (2) The disclosure of information under subsection (1) must be updated on a monthly basis in such form as the regulations may prescribe and be published in such manner as the regulations may prescribe so as to ensure that it is accessible to copyright owners upon request. (3) The Secretary of State must lay before Parliament a draft of the statutory 35 instrument containing regulations under subsection (1) within six months of the day on which this Act is passed and the regulations are subject to the affirmative procedure.” This new clause mandates transparency about the sources and types of data used in AI training, requiring monthly updates accessible to copyright owners. New clause 5— Enforcement — “(1) The Secretary of State must by regulations make provision requiring the Information Commission (under section 114 of the Data Protection Act 2018) (‘the Commissioner’) to monitor and secure compliance with the duties by an operator of a web crawler or general-purpose artificial intelligence (AI) model whose service has links with the United Kingdom within the meaning of section 4(5) of the Online Safety Act 2023 (‘a relevant operator’), including but not limited to the following— (a) the regulations must provide for the Commissioner to have the power by written notice (an ‘information notice’) to require a relevant operator to provide the Commissioner with information that the Commissioner reasonably requires for the purposes of investigating a suspected failure to comply with the duties; (b) the regulations must provide for the Commissioner to have the power by written notice (an ‘assessment notice’) to require and to permit the Commissioner to carry out an assessment of whether a relevant operator has complied or is complying with the duties and to require a relevant operator to do any of the acts set out in section 146(2) of the Data Protection Act 2018; (c) the regulations must provide that where the Commissioner is satisfied 15 that a relevant operator has failed, or is failing to comply with the duties, the Commissioner may give the relevant operator a written notice (an ‘enforcement notice’) which requires it— (i) to take steps specified in the notice, or (ii) to refrain from taking steps specified in the notice; (d) the regulations must provide that where the Commissioner is satisfied that a relevant operator has failed or is failing to comply with the duties or has failed to comply with an information notice, an assessment notice or an enforcement notice, the Commissioner may, by written notice (a ‘penalty notice’), require the person to pay to the Commissioner an amount in sterling specified in the notice, the maximum amount of the penalty that may be imposed by a penalty notice being the ‘higher maximum amount’ as defined in section 157 of the Data Protection Act 2018; and (e) the regulations may provide for the procedure and rights of appeal 30 in relation to the giving of an information notice, an assessment notice, an enforcement notice or a penalty notice. (2) The regulations must provide that any failure to comply with the duties by a relevant operator shall be directly actionable by any copyright owner who is adversely affected by such failure, and that such copyright owner will be entitled to recover damages for any loss suffered and to injunctive relief. (3) The regulations must provide that the powers of the Commissioner and the rights of a copyright owner will apply in relation to a relevant operator providing a service from outside the United Kingdom (as well as such one provided from within the United Kingdom). (4) The Secretary of State must lay before Parliament a draft of the statutory instrument containing the regulations under this section within six months of the day on which this Act is passed and the regulations are subject to the affirmative procedure.” This new clause grants the Information Commissioner enforcement powers to ensure compliance with AI and web crawler transparency rules, including penalties for breaches. New clause 6 —Technical solutions— “(1) The Secretary of State must conduct a review of the technical solutions that may be adopted by copyright owners and by the operators of web crawlers and general-purpose artificial intelligence (AI) models whose services have links with the United Kingdom within the meaning of section 4(5) of the Online Safety Act 2023 to prevent and to identify the unauthorised scraping or other unauthorised use of copyright owners’ text and data. (2) Within 18 months of the day on which this Act is passed, the Secretary of State must report on such technical solutions and must issue guidance as to the technical solutions to be adopted and other recommendations for the protection of the interests of copyright owners.” This new clause requires the Secretary of State to review and report on technical measures to prevent unauthorised data scraping by web crawlers and AI models. New clause 7— Right to use non-digital verification services — “(1) This section applies when an organisation— (a) requires an individual to use a verification service; and (b) uses a digital verification service for that purpose. (2) Where it is reasonably practicable for an organisation to offer a non-digital method of verification, the organisation must— (a) make a non-digital alternative method of verification available to any individual required to use a verification service; and (b) provide information about digital and non-digital methods of verification to those individuals before verification is required.” This new clause would create a duty upon organisations to support digital inclusion by offering non-digital verification services where practicable. New clause 8— Data Vision and Strategy — “Within six months of Royal Assent of this Act, the Secretary of State must publish a ‘Data Vision and Strategy’ which outlines— (a) the Government’s data transformation priorities for the next five years; and (b) steps the Government will take to ensure the digitisation of Government services.” New clause 9— Departmental Board Appointments — “(1) Within six months of the day on which this Act is passed— (a) Government departments; (b) NHS England; and (c) NHS trusts shall appoint to their departmental board or equivalent body at least one of the following— (i) Chief Information Officer; (ii) Chief Technology Officer; (iii) Chief Digital Information Officer; (iv) Service Transformation Leader; or (v) equivalent postholder. (2) The person or persons appointed as under subsection (1) shall provide an annual report on the progress of the department or body towards the Government’s Data Vision and Strategy.” This new clause would require digital leaders to be represented at executive level within Government departments and other bodies. New clause 10— Data use in Public Service Delivery Review — “(1) The Secretary of State must, every 12 months, lay before Parliament a ‘Data use in Public Service Delivery Review’. (2) The Data use in Public Service Delivery Review shall include, but is not limited to assessment of the steps being taken to— (a) improve the Government’s use of data in public service delivery over the previous 12 months; (b) expand the use of data to support increased and improved digital services in public service delivery; (c) improve expertise and digital talent within Government departments to help expand the use of data for public service delivery; and (d) facilitate and regulate for better use of data in the delivery of public services.” This new clause would require an annual assessment by the Secretary of State to examine the steps being taken to facilitate and regulate the use of data in the delivery of public services using digital and online technologies. New clause 11— Access to a deceased child’s social media data — “(1) Where a person under 18 years of age has deceased, a parent or legal guardian (the ‘requestor’) may request from any internet service provider (ISP) the child’s user data from up to 12 months prior to the date of death. (2) The ISP must provide a copy of the requested data, or direct account access, upon verification of the requestor’s identity and relationship to the deceased person, and no court order shall be required for such disclosure. (3) ‘User data’ includes all content, communications, or metadata generated by or associated with the deceased person’s online activity, including stored messages and posts, except where the deceased person had explicitly directed otherwise prior to death. (4) The ISP may refuse or redact specific data only where— (a) disclosure would unduly infringe the privacy rights of another individual, (b) the deceased person had explicitly opted out before death, (c) there is a conflicting court order, or (d) a serious risk to public safety or national security would result. (5) In providing data under this section, the ISP must comply with data protection legislation. (6) This section constitutes a lawful basis for disclosure under Article 6 of the UK GDPR. (7) The Secretary of State may, by regulations subject to the affirmative resolution procedure— (a) provide guidance on verifying parent or guardian status, (b) clarify any additional grounds for refusal, and (c) prescribe safeguards to protect third-party confidentiality. (8) For the purposes of this section— ‘internet service provider (ISP)’ includes any provider of social media, messaging, or other online platforms; and ‘data protection legislation’ has the meaning given in section 51 of this Act.” This new clause would allow parents of a deceased minor to obtain that child’s social media data without a court order, subject to privacy safeguards for third parties. New clause 12— Raising the minimum age at which users can consent to processing of personal data — “(1) The UK GDPR is amended in accordance with subsection (2) of this section. (2) (2) After paragraph 1 of Article 8 of the UK GDPR (Conditions applicable to child’s consent in relation to information society services) insert— ‘(1A) References to “13 years old” and “age of 13 years” in paragraph 1 shall be read as “16 years old” and “age of 16 years” in the case of processing of personal data. (1B) Paragraph (1A) does not apply to— (a) platform systems and services operated where the primary purpose of processing of personal data is for the advancement of a charitable purpose as defined in the Charities Act 2011; (b) publicly owned platform systems and services operated for the primary purpose of law enforcement, child protection, education, or healthcare; (c) cases in which the Secretary of State determines it is in the best interests of the child for an operator to accept the child’s own consent.’” This new clause would raise the age for processing personal data from 13 to 16 years old with certain exceptions for charitable purposes and child safety. New clause 13— Code of practice for the use of children’s educational data — “(1) Within 6 months of the passage of this Act, the Information Commissioner must prepare a code of practice which contains such guidance as the Information Commissioner considers appropriate on the processing of children’s data in connection with the provision of education. (2) Guidance under subsection (1) must consider— (a) all aspects of the provision of education including learning, school management, and safeguarding; (b) all types of schools and learning settings in the development of guidance; (c) the use of AI systems in the provision of education; (d) the impact of profiling and automated decision-making on children’s access to education opportunities; (e) children’s consent to the way their personal data is generated, collected, processed, stored and shared; (f) parental consent to the way their children’s personal data is being generated, collected, processed, stored and shared; (g) the security of children’s data; (h) the exchange of information for safeguarding purposes.” This new clause requires the Information Commissioner to produce a code of practice for accessing children’s educational data. New clause 14— Transparency of business and customer data used in training Artificial Intelligence models — “(1) The Secretary of State must by regulations make provision requiring operators of general-purpose AI models to disclose upon request information about business data and customer data processed for the purposes of pre-training, training, fine-tuning, and retrieval-augmented generation in an AI model, or any other data input to an AI model. (2) Business data and customer data must include, but is not limited to, the whole or any substantial part of a literary, dramatic, musical or artistic work, sound recording, film or broadcast included in any text, images and data used for the purposes set out in subsection (1). (3) Information disclosable under subsection (1) must include but is not limited to: (i) Digital Object Identifiers and file names; (ii) Details of how the work was identified, including metadata; (iii) The source from which it was scraped or otherwise obtained; and (iv) The URLs accessed by crawlers deployed by operators, or by third parties, to obtain the data. (4) The owner of rights in any individual work identifiable in information disclosed under subsection (1) must be provided upon request to the relevant operator with information as to whether and how they have complied with the laws of the United Kingdom in respect to that work. (5) The Secretary of State must lay before Parliament a draft of the statutory instrument containing regulations under subsection (1) within six months of the day on which this Act is passed and the regulations are subject to the affirmative procedure.” This new clause would require the Secretary of State to set out transparency provisions requiring generative AI developers to provide information to enable individuals and creative businesses to determine whether their data, works and other subject matter have been used in training datasets. New clause 15— Complaints procedure for vulnerable individuals — “(1) The Data Protection Act 2018 is amended in accordance with subsections (2) to (4). (2) After section 165(3) insert— ‘(3A) For complaints under subsection (2), the Information Commissioner must provide appropriate complaints-handling procedures for— (a) victims of modern slavery, (b) victims of domestic abuse, (c) victims of gender-based violence, or (d) data subjects otherwise in a position of vulnerability. (3B) Procedures under subsection (3A) must include— (a) appropriate support for vulnerable individuals; (b) provision of specialised officers for sensitive cases; (c) signposting to support services; (d) provision of a helpline; (e) de-escalation protocols.’ (3) After section 166(1)(c) insert— ‘(d) fails to investigate a complaint appropriately or take adequate action to remedy findings of inadequacy.’ (4) After section 166(2)(b), insert— ‘(c) to use formal powers as appropriate to investigate a complaint and to remedy any findings of inadequacy, unless the request from the data subject is manifestly unfounded or excessive.’” This new clause would require the Information Commission to introduce a statutory complaints procedure for individuals in a position of vulnerability and new grounds of appeal to an Information Tribunal. New clause 18— Report on the introduction of a public interest test for allowing access to NHS data by third-parties and companies — “(1) The Secretary of State must within six months of the passing of this Act— (a) prepare and publish a report examining the need for a specific statutory public interest test to determine and safeguard access to NHS data by third-parties and companies. (b) within 28 days of a report being laid under subsection (1) the Government must schedule a debate and votable motion on the findings of the report in each House. (2) The report must consider— (a) whether and in what situations it would be necessary, proportionate and lawful to share NHS data with third-parties and companies when the interests and risks to both the individual and/or public is considered. (b) when it would be in the public interest and in the best interests of patients and the NHS to allow access by third-parties and companies to NHS data in relation to the provision of health care services and for promotion of health.” This new clause would require the Secretary of State to produce a report on the introduction of a public interest test for allowing access to NHS data by third-parties and companies and then to schedule a debate on it in each House. New clause 19— Secretary of State’s duty to review the age of consent for data processing under the UK GDPR — “(1) The Secretary of State must, within 12 months of Royal Assent of this Act, have conducted a review and published a report into the operation of Article 8 (Conditions applicable to child's consent in relation to information society services) of the UK GDPR in relation to the data processed by social media platforms of children under the age of 16. (2) As part of this review, the Secretary of State must consider— (a) the desirability of increasing the digital age of consent under the UK GDPR from 13 to 16, taking into account the available evidence in relation to the impact of social media platforms on the educational, social and emotional development of children; and (b) the viability of increasing the digital age of consent under Article 8 of the UK GDPR in relation to specific social media platforms which are shown by the evidence to be unsuitable for use by children under the age of 16. (3) Within six months of the publication of the report under subsection (1), the Secretary of State must lay a plan before Parliament for raising the digital age of consent to 16 through amendments to Article 8 GDPR, unless the review concludes that such changes are unnecessary.” New clause 20— Duties of the Secretary of State in relation to the use by web-crawlers and artificial intelligence models of creative content — “The Secretary of State must— (a) by 16 September 2025, issue a statement, by way of a copyright notice issued by the Intellectual Property Office or otherwise, in relation to the application of the Copyright, Designs and Patents Act 1988 to activities conducted by web-crawlers or artificial intelligence models which may infringe the copyright attaching to creative works; (b) by 16 September 2025, lay before Parliament a report which includes a plan to help ensure proportionate and effective measures for transparency in the use of copyright materials in training, refining, tuning and generative activities in AI; (c) by 16 September 2025, lay before Parliament a report which includes a plan to reduce barriers to market entry for start-ups and smaller AI enterprises on use of and access to data; (d) by 1 July 2026, publish a technological standard for a machine-readable digital watermark for the purposes of identifying licensed content and relevant information associated with the licence.” New clause 21— Directions to public authorities on recording of sex data — “(1) The Secretary of State must, within three months of the passage of this Act, issue regulations relating to the code of practice set out in section 49 of this Act which require public authorities to— (a) collect, process and retain sex data only where it is lawful to do so in accordance with data protection legislation; (b) request and record sex data accurately, in every circumstance where sex data is collected, in accordance with following category terms and definitions— (i) ‘Sex’ meaning male or female only based on ‘sex at birth’, ‘natal sex’ or ‘biological sex’ (these terms carrying the same meaning and capable of being used interchangeably); and, (ii) in addition, where it is lawful to do so in accordance with data protection legislation and the Gender Recognition Act 2004, ‘Acquired Gender’ meaning male or female only, as recorded on a gender recognition certificate issued in accordance with the Gender Recognition Act 2004; (c) have updated relevant organisation guidance to stipulate that, where sex data is collected, this must be done in accordance with the definitions set out by subsection (1)(b) within three months of these regulations coming into force; (d) have conducted a review of the accuracy of data held in relation to the sex of data subjects to ensure that the data is accurate in recording sex at birth and, where relevant and collected lawfully, acquired gender as recorded on a gender recognition certificate within 12 months of these regulations coming into force; (e) have taken every reasonable step to ensure that any data held in relation to the sex and, where relevant and collected lawfully, acquired gender as recorded on a gender recognition certificate of a data subject that is found to be inaccurate is rectified or erased within 18 months of these regulations coming into force; and (f) have produced and submitted to the Secretary of State a report setting out the findings of its review in relation to the matters set out by subsection (1)(d) and, where relevant, a description of the steps taken to ensure that the data held by the relevant public authority is accurate within the definitions set out subsection (1)(b) with 18 months of these regulations coming into force. (2) The Secretary of State may, on receipt of a report in accordance with subsection (1)(f) instruct a public authority to take any further remedial steps within a specified timeframe reasonably necessary to ensure the accuracy of the sex and acquired gender data held by the relevant public authority. (3) The Secretary of State must, within one month of the passage of this Act, establish and maintain a register of public authorities approved to act as sources of data relating to the attribute of sex for persons providing digital verification services. (4) The register in subsection (3) must be published on the website of the Office for Digital Identities & Attributes or any successor body. (5) Until such time as a public authority is added to the register under subsection (3), persons providing digital verification services may only obtain data on the sex of an individual requesting the provision of digital verification services from the record of births held by the General Register Office in accordance with subsection (6). (6) Information supplied by the General Register Office pursuant to subsection (5) must specify sex as recorded at birth, as well as any subsequent corrections to the register in the field marked ‘Sex’. (7) The Secretary of State may, from time to time, add public authorities to the register as under subsection (3) only upon being satisfied on the basis of a report issued under subsection (1)(f), or satisfaction of such further steps required by the Secretary of State under subsection (2) that the data held by the relevant public authority in relation to sex and, where relevant, acquired gender as recorded on a gender recognition certificate, as defined in subsection (1)(b), is accurate.” This new clause requires the Secretary of State to issue regulations relating to the code of practice in section 49 requiring public authorities to record sex data in line with these regulations when data are collected. This clause is linked to amendments 39 and 40. New clause 22— Recording of ethnicity data for the purposes of public service delivery — “(1) The Secretary of State must make regulations which make provision for the collection of individual ethnicity data in the process of public service delivery and associated data collection. (2) The regulations set out by subsection (1) must make provision for ethnic classifications to include Jewish and Sikh categories. (3) The Secretary of State must lay before both Houses of Parliament a draft of the statutory instrument containing regulations under this section within six months of the day on which this Act is passed which will be subject to the affirmative procedure.” This new clause requires the Secretary of State to make statutory provision for individual ethnicity data to be collected in the process of public service delivery. New clause 23— Recording of ethnicity data on the Register of Births and Deaths — “(1) The Secretary of State must make regulations which make provision for the collection of individual ethnicity data during birth and death registration. (2) The regulations set out by subsection (1) must make provision for ethnic classifications to include Jewish and Sikh categories. (3) The Secretary of State must lay before both Houses of Parliament a draft of the statutory instrument containing regulations under this section within six months of the day on which this Act is passed which will be subject to the affirmative procedure.” This new clause requires the Secretary of State to make statutory provision for individual ethnicity data to be able to be collected during birth and death registration. Government amendments 11 to 32. Amendment 39, in clause 45, page 42, line 30, at the beginning insert— “Save in respect of data relating to sex,”. This amendment is consequential on NC21. Amendment 40, page 43, line 15, at end insert— “”gender recognition certificate” means a gender recognition certificate issued in accordance with the Gender Recognition Act 2004.” This amendment is consequential on NC21. Government amendments 1 to 8. Amendment 37, in clause 67, page 75, line 24, at end insert— “(2A) For the purposes of paragraph 2, ‘scientific research’ means creative and systematic work undertaken in order to increase the stock of knowledge, including knowledge of humankind, culture and society, and to devise new applications of available knowledge. (2B) To meet the reasonableness test in paragraph 2, the activity being described as scientific research must be conducted according to appropriate ethical, legal and professional frameworks, obligations and standards.” This amendment incorporates clarifications to help reduce potential misuse of the scientific research exception. The first is a definition of scientific research based on the Frascati Manual. The second is a requirement that research be conducted in line with frameworks and standards in the UKRI Code of Practice for Research. Amendment 41, in clause 80, page 95, line 19, at end insert— “3. For the purposes of paragraph 1(a), a human’s involvement is only meaningful if they are a natural person with the necessary competence, authority and capacity to understand, challenge and alter the decision.” See explanatory statement for Amendment 44. Amendment 45, page 96, line 2, at end insert— “5. Consent in accordance with paragraph 2 cannot be given by persons under the age of 18 where— (a) the automated decision-making is likely to produce legal or similarly significant effects on the child, or (b) the processing involves the profiling of a child to determine access to essential services, education, or other significant opportunities. 6. The controller shall not be obliged to maintain, acquire or process additional information in order to identify the age of a data subject for the sole purpose of complying with this Regulation. 7. A significant decision may not be taken based solely on automated processing, if the data subject is a child or may be a child unless the provider is satisfied that the decision is in, and compatible with, the best interests of a child, taking into account their rights and development stage, authorised by law to which the controller is subject, and after suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are made publicly available. 8. Profiling or solely automated processing of children’s data may not occur for the purposes of targeted advertising or behavioural analysis.” This amendment ensures that automated decision-making cannot take place in circumstances where it would affect a child’s access to significant opportunities or would not be in their best interests, as well as protections against practices such as behavioural analysis. Amendment 46, page 96, leave out lines 13 to 19 and insert— “(a) communicate to the data subject before and after the decision is taken the fact that automated decision-making is involved in the decision, the extent of any human involvement, and the availability of safeguards under this Article; (b) provide the data subject with information about decisions described in paragraph 1 taken in relation to the data subject including meaningful information about the logic involved, the significance and the envisaged consequences of such processing for the data subject, and a personalised explanation for the decision; (c) enable the data subject to make representations about such decisions; (d) enable the data subject to obtain human intervention on the part of the controller in relation to such decisions; (e) enable the data subject to contest such decisions. 3. For the purposes of paragraph 2(b), a personalised explanation must— (a) be clear, concise and in plain language of the data subject’s choice in a readily available format; (b) be understandable, and assume limited technical knowledge of algorithmic systems; (c) address the reasons for the decision and how the decision affects the individual personally, which must include— (i) the inputs, including any personal data; (ii) parameters that were likely to have influenced or were decisive to decision or a counterfactual of what change would have resulted in a more favourable outcome; (iii) the sources of parameters and inputs; (d) be available free of charge and conveniently accessible to the data subject, free of deceptive design patterns. 4. Where the safeguards apply after a decision is made, the controller must give effect to data subject requests as soon as reasonably practicable and within one month of the request. 5. The controller must ensure the safeguards are fully in place and complete a data protection impact assessment under Article 35 before a decision under Article 22A is taken, documenting their implementation of the safeguards in addition to the requirements of that Article. 6. The controller must publish details of their implementation of the safeguards and how data subjects can make use of them.” This amendment would ensure that data subjects are informed of automated decisions made about them in a timely way, and that that explanation is personalised to enable them to understand why it was made. It also ensures processors are incentivised to put the safeguards in place before commencing automated decision-making. Amendment 42, page 96, line 23, after “Article 22A(1)(a),” insert “and subject to Article 22A(3)”. See explanatory statement for Amendment 44. Amendment 43, page 97, line 19, at end insert— “(3) To qualify as meaningful human involvement, the review must be performed by a person with the necessary competence, training, authority to alter the decision and analytical understanding of the data.” See explanatory statement for Amendment 44. Amendment 44, page 98, line 31, after “and 50C(3)(c),” insert “and subject to 50A(3)”. This amendment and Amendments 41, 42 and 43 would make clear that in the context of new Article 22A of the UK GDPR, for human involvement to be considered as meaningful, the review must be carried out by a competent person who is empowered to change the decision in practice. Amendment 9, in clause 81, page 100, line 7, at end insert— “Age assurance 1C. Information society services which are likely to be accessed by children must use highly effective age verification or age estimation measures for the purpose of delivering on children’s higher protection matters.” This amendment requires services which are likely to be accessed by children to use highly effective age verification measures. Amendment 38, in clause 86, page 103, line 22, at end insert— “(2A) Where personal data is processed for the purposes of scientific research under section 87(4) of the 2018 Act (‘reuse’), the processor or controller must publish details of the data sources used. (2B) These details must as a minimum include a description of the scientific research, the provenance and method of acquisition of the personal data being reused, the original lawful basis for processing, the number of data subjects affected, and whether the data subjects have been notified of the reuse. (2C) The processor or controller must notify the Information Commission when processing data for the purposes of scientific research under section 87(4) of the 2018 Act with the same details.” This amendment ensures transparency for the use of scientific research exemptions by requiring those reusing personal data to publish details of that reuse and notify the Information Commission of that reuse. Government amendments 33 and 34. Amendment 10, in schedule 7, page 201, line 5, at end insert— “(1B) A third country cannot be considered adequate or capable of providing appropriate safeguards by any authority where there exists no credible means to enforce data subject rights or obtain legal remedy. (1C) For the purposes of paragraph 1A, the Secretary of State must make a determination as to whether credible means are present in a third country. (1D) In making a determination regarding credible means, the Secretary of State must have due regard to the view of the Information Commissioner. (1E) Credible means do not exist where the Secretary of State considers that any of the following are true: (a) judicial protection of persons whose personal data is transferred to that third country is insufficient; (b) effective administrative and judicial redress are not present; (c) effective judicial review mechanisms do not exist; and (d) there is no statutory right to effective legal remedy for data subjects.” The amendment would prohibit personal data transfer to countries where data subject rights cannot be adequately upheld and prohibit private entities from using contracts to give the impression that data security exists. Government amendments 35 and 36.

• 29 Apr 2025 · Public Authorities (Fraud, Error and Recovery) Bill · Hansard source

  More

  Just for the record, in case Hansard did not pick that up, that was Jennie the dog crossing the Floor, not a Member of Parliament.

• 25 Apr 2025 · Business without Debate · Hansard source

  More

  Further to the Deputy Speaker’s statement on 28 March, in column 1298 of the Official Report, Mr Speaker has directed that the proceedings entitled the Arm’s-Length Bodies (Accountability to Parliament) Bill on 14 March should be considered void and this should be reflected in the Journal . That title, and associated text, was substituted in error for the Arm’s-Length Bodies (Review) Bill. As the House has been notified, the Arm’s-Length Bodies (Review) Bill had not been correctly printed at that time, which is a requirement under Standing Order No. 14(3). The order for Second Reading therefore lapsed at the rising of the House on 13 March. Once the Bill had been printed and made available in the Vote Office, notice could be given appointing the next available Private Members’ Bill Friday for Second Reading and so all subsequent proceedings, including on 28 March and today, are unaffected. Motion made, That the Bill be now read a Second time.

• 31 Mar 2025 · House of Commons · Hansard source

  More

  I inform the House that Mr Speaker is in Ukraine at the invitation of Ruslan Stefanchuk, president of the Ukrainian Parliament, alongside Speakers from across Europe. He will provide an update to the House on Wednesday.

• 31 Mar 2025 · Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Bill [Lords] · Hansard source

  More

  With this it will be convenient to discuss the following: New clause 2— Report on the impact on Higher Education — “(1) Within one year of the passing of this Act, the Secretary of State must publish a report on the impact of this Act on the provision of degree apprenticeships in England. (2) The Report must include an impact assessment of the removal of apprenticeship levy funding for degree apprenticeships. (3) The report under subsection (1) must be laid before both Houses of Parliament.” New clause 3— Report on the impact on T levels — “(1) Within one year of the passing of this Act, the Secretary of State must publish a report on the impact of this Act on T-Levels. (2) The report under subsection (1) must include— (a) the involvement of Skills England in the administration of T Levels, including the curriculum and assessment methods; (b) an assessment of the independence of the accreditation of T-Levels, specifically whether there has been any involvement of the Secretary of State in this process; and (c) an assessment of the extent to which T-Levels are meeting local demand for skills. (3) The report under subsection (1) must be laid before both Houses of Parliament.” New clause 4— Creation of Skills England — “(1) A body corporate known as Skills England is established to carry out the functions transferred to the Secretary of State under this Act. (2) At the end of a year after the passing of this Act, the Secretary of State must make regulations transferring to Skills England all the functions transferred from the Institute for Apprenticeships and Technical Education under this Act. (3) Nothing in this section prevents the Secretary of State from transferring more functions to Skills England under other enactments.” This new clause would put Skills England on an independent statutory footing rather than as part of the DfE. The role of IfATE would be included in that planned for Skills England. Amendment 4, in clause 4, page 2, line 6, at end insert— “(3B) A group of persons under subsection (3) must include a representative from an organisation that is the representative body for a sector.” Amendment 5, page 2, line 6, at end insert— “(3B) When approving a standard under subsection (3), the Secretary of State must have regard to the reasonable requirements of— (a) industry, commerce, finance, professions and other employers regarding education and training, and (b) persons who may wish to undertake education and training.” Amendment 3, in clause 5, page 2, line 32, at end insert— “(6B) When approving a standard under subsection (6), the Secretary of State must have regard to the reasonable requirements of— (a) industry, commerce, finance, professions and other employers regarding education and training, and (b) persons who may wish to undertake education and training.” Amendment 1, in clause 9, page 4, line 13, after “England” insert “, including the impact of removing apprenticeship level funding for degree apprenticeships”. Amendment 2, page 4, line 13, at end insert— “(c) the impact of the exercise of the relevant functions on the provision of level 7 apprenticeships in England” Amendment 6, in clause 12, page 5, line 6, leave out subsections (1) and (2) and insert— “(1) This Act comes into force at the end of the period of one year beginning on the day on which Skills England is created.”

• 31 Mar 2025 · Defending Democracy Taskforce · Hansard source

  More

  I call the shadow Minister.

• 25 Mar 2025 · Point of Order · Hansard source

  More

  I am not sure whether the Chair was alerted to that point of order. It is always good to give prior notice on the exact language. The right hon. Member will know that that is not a matter for the Chair, but she has put her point on the record. No doubt those on the Treasury Bench will have heard it and will pass on her views. Bill Presented Arm’s-Length Bodies (Accountability to Parliament) Bill Presentation and First Reading (Standing Order No. 57 ) Sir Christopher Chope presented a Bill to make provision for arm’s length bodies to be directly accountable to Parliament. Bill read the First time; to be read a Second time on Friday 28 March, and to be printed (Bill 208).

• 17 Mar 2025 · Children’s Wellbeing and Schools Bill · Hansard source

  More

  With this it will be convenient to discuss the following: Government new clause 19— Cases in which duty under section (Corporate parenting responsibilities)(1) does not apply. Government new clause 20— Corporate parenting duty: collaborative working. Government new clause 21 —Duty to have regard to guidance . Government new clause 22 —Reports by Secretary of State. New clause 3 —National Care Offer— “(1) The Secretary of State must, within 18 months of the passing of this Act, publish a document (the “National Care Offer”) which sets out the minimum standards of information that local authorities must publish under section 2 of the Children and Social Work Act 2017 (local offer for care leavers). (2) Before publishing or revising the National Care Offer, the Secretary of State must consult with persons that appear to the Secretary of State to represent the interests of care leavers. (3) Where a consultation under subsection (2) results in recommendations to be made to the National Care Offer, the Secretary of State must— (a) make the recommended changes or otherwise implement the recommendations; or (b) where not intending to make the recommended changes or otherwise implement the recommendations, publish a response to the consultation outlining the reasons for the Secretary of State’s decision and the action that will be taken instead.” This new clause would require the Secretary of State to consult on and publish a draft National Care Offer, which sets minimum standards for local care offers, within 18 months of this Act coming into force. New clause 4 —Health assessments to include mental health practitioner— “In regulation 7 of the Care Planning, Placement and Case Review (England) Regulations 2010, after “practitioner” in paragraph (1) insert “and a registered mental health practitioner”.” This new clause would make an assessment of the mental health of children in care a core part of the health assessment of those children by ensuring a mental health practitioner is involved in the assessment. New clause 8 —Abolition of common law defence of reasonable punishment— “(1) The Children Act 2004 is amended as follows. (2) In section 58 (Reasonable Punishment: England), omit subsections (1) to (4). (3) After section 58, insert— “58A Abolition of common law defence of reasonable punishment (1) The common law defence of reasonable punishment is abolished in relation to corporal punishment of a child taking place in England. (2) Corporal punishment of a child taking place in England cannot be justified in any civil or criminal proceedings on the ground that it constituted reasonable punishment. (3) Corporal punishment of a child taking place in England cannot be justified in any civil or criminal proceedings on the ground that it constituted acceptable conduct for the purposes of any other rule of the common law. (4) For the purposes of subsections (1) to (3) “corporal punishment” means any battery carried out as a punishment. (5) The Secretary of State may make regulations for transitory, transitional or saving provision in connection with the coming into force of this section. (6) The power to make regulations under subsection (5) is exercisable by statutory instrument. 58B Promotion of public awareness and reporting (1) The Secretary of State must take steps before the coming into force of section 58A to promote public awareness of the changes to the law to be made by that section. (2) The Secretary of State must, five years after its commencement, prepare a report on the effect of the changes to the law made by section 58A. (3) The Secretary of State must, as soon as practicable after preparing a report under this section— (a) lay the report before Parliament, and (b) publish the report. (4) The Secretary of State may make regulations for transitory, transitional or saving provision in connection with the coming into force of this section. (5) The power to make regulations under subsection (4) is exercisable by statutory instrument.”” This new clause would abolish the common law defence of reasonable punishment in relation to corporal (physical) punishment of a child taking place in England, amend certain provisions of the Children Act 2004 relating to corporal punishment of children and place a duty on the Secretary of State to report this change. New clause 13 —Review of adoption support offered by local authorities— “(1) The Secretary of State must, within 12 months of the passing of this Act, conduct a review of the adequacy and effectiveness of adoption support services provided by local authorities. (2) The review must include services provided by adoption agencies which have been commissioned by local authorities. (3) The review must consider in particular— (a) any updates required to existing regulations and guidance relating to adoption; and (b) the support needs of, and support services currently available or provided to— (i) relevant parties in relation to birth family contact; (ii) young adult adoptees in relation to their transition to adulthood; and (iii) adult adoptees. (4) Within six months of the completion of the review, the Secretary of State must publish and lay before Parliament a report on the findings and conclusions of the review.” New clause 14 —Notification when a child is placed into temporary accommodation— “(1) This section applies where a local authority is exercising its duty under Section 189B of the Housing Act 1996 (Initial duty owed to all eligible persons who are homeless) to allocate temporary accommodation to a household which includes a child. (2) A local authority must notify the following of the household’s homelessness status— (a) the child’s school, and (b) the child’s registered GP practice. (3) The Secretary of State must issue guidance to schools and GPs on how to safeguard and promote a child’s welfare and wellbeing following receipt of a notification under subsection (2). (4) A local authority must, before issuing a notification under subsection (2), request the consent of the household for the sharing of information relating to the household’s homelessness status. (5) Subsection (2) does not apply if the household has not consented to the local authority sharing information about it.” This new clause would establish a notification system requiring local authorities to alert schools and GPs, when a child is placed into temporary accommodation. The notification can only occur when the child’s parent or guardian consent to the sharing of this information. New clause 15 —Implementation of recommendations of the Independent Inquiry into Child Sexual Abuse— “(1) The Secretary of State must, within 6 months of the passing of this Act, take steps to implement the recommendations made in the final report of the Independent Inquiry into Child Sexual Abuse listed below. (2) The recommendations are— (a) the establishment of a single core data set on child sexual abuse and child sexual exploitation in England and Wales; (b) the establishment of Child Protection Authorities for England and Wales; (c) the creation of cabinet Ministers for Children in the UK and Welsh Governments; (d) the commissioning of regular public awareness campaigns on child sexual abuse; (e) the amendment of the Children Act 1989 to provide for court action where there is reasonable cause to believe that a child in the care of a local authority is experiencing or is at risk of experiencing significant harm; (f) the creation of registration systems for care staff in children’s homes, young offender institutions and secure training centres; (g) greater use of the barred list in relation to persons recruiting individuals to work or volunteer with children on a frequent basis; (h) the improvement of compliance with statutory duties to notify the Disclosure and Barring Service of the suitability of individuals to work with children; (i) the extension of the powers of the Disclosure and Barring Service to provide enhanced certificates to people working with children overseas; and (j) the provision of specialist and accredited therapeutic support to child victims of sexual abuse. (3) The Secretary of State must, after a period of six months has elapsed from the passing of this Act and at 12 monthly intervals thereafter, publish a report detailing the steps taken by the Government to implement each of the recommendations listed above. (4) A report published under subsection (3) must include— (a) actions taken to meet, action or implement each of the recommendations; (b) details of any further action required to implement each of the recommendations or planned to supplement the recommendations; (c) consideration of any challenges to full or successful implementation of the recommendations, with proposals for addressing these challenges so as to facilitate implementation of the recommendations; and (d) where it has not been practicable to fully implement a recommendation— (i) explanation of why implementation has not been possible; (ii) a statement of the Government’s intention to implement the recommendation; and (iii) a timetable for implementation.” New clause 25 —Kinship care leave— “(1) The Secretary of State must, by regulations, entitle an individual to be absent from work on care leave under this section where— (a) the individual is a kinship carer, and (b) the individual satisfies conditions specified in the regulations. (2) Regulations made under subsection (1) must include provision for determining— (a) the extent of an individual’s entitlement to leave under this section; and (b) when leave under this section may be taken. (3) Provision under subsection (2)(a) must secure that— (a) where one individual is entitled to leave under this section, they are entitled to at least 52 weeks of leave; or (b) where more than one individual is entitled to leave under this section in respect of the same child, those individuals are entitled to share at least 52 weeks of leave between them. (4) An employee is entitled to leave under this section only if the eligible kinship care arrangement is intended to last— (a) at least one year, and (b) until the child being cared for attains the age of 18. (5) For the purposes of this section, a “kinship carer” has the meaning given in section 22I of the Children Act 1989, as inserted by section 5 of this Act. (6) Regulations made under this section may make provision about how leave under this section is to be taken.” New clause 26 —Kinship care allowance— “(1) A person is entitled to a kinship care allowance for any week in which that person is engaged as a kinship carer in England. (2) For the purposes of this section, a “kinship carer” has the meaning given in section 22I of the Children Act 1989, as inserted by section 5 of this Act. (3) A person is not entitled to an allowance under this section unless that person satisfies conditions prescribed in regulations made by the Secretary of State. (4) A person may claim an allowance under this section in respect of more than one child. (5) Where two or more persons would be entitled for the same week to such an allowance in respect of the same child, only one allowance may be claimed on the behalf of— (a) the person jointly elected by those two for that purpose, or (b) in default of such an election, the person determined by, and at the discretion of, the Secretary of State. (6) Regulations may prescribe the circumstances in which a person is or is not to be treated for the purposes of this section as engaged, or regularly and substantially engaged, in caring for a child under an eligible kinship care arrangement. (7) An allowance under this section is payable at the weekly rate specified by the Secretary of State in regulations. (8) Regulations under subsection (7) may specify— (a) different weekly rates for different ages of children being cared for, or (b) different weekly rates for different regions of England. (9) Regulations under subsection (7) must specify a weekly rate that is no lower than the minimum weekly allowance for foster carers published by the Secretary of State pursuant to section 23 of the Care Standards Act 2000.” New clause 27 —Extension of pupil premium to children subject to a kinship care arrangement— “(1) The Secretary of State must, for the financial year beginning 1 April 2026 and for each year thereafter, provide that an amount is payable from the pupil premium grant to schools and local authorities in respect of each registered pupil in England who is who is a child living in kinship care. (2) The amount payable under subsection (1) must be equal to the amount that is payable for a pupil who is a looked after child. (3) In this section— “a child living in kinship care” is to be interpreted in the same manner as given in section 22I of the Children Act 1989, as inserted by section 5 of this Act. “looked after child” has the same meaning as in the Children Act 1989; ”pupil premium grant” means the grant of that name paid to a school or a local authority by the Secretary of State under section 14 of the Education Act 2002 (power of Secretary of State and Senedd Cymru to give financial assistance for purposes related to education or children etc).” New clause 28 —Admissions arrangements relating to looked after children and children in kinship care— “(1) For section 88B of the School Standards and Framework Act 1998 (admission arrangements relating to children looked after by local authority) substitute— “88B Admissions arrangements relating to looked after children and children in kinship care (1) Regulations may require the admission authorities for maintained schools in England to include in their admission arrangements provision relating to the admission of children who are— (a) looked after by a local authority in England, or (b) living in kinship care as may be prescribed. (2) Regulations under subsection (1) may in particular include provision for securing that, subject to sections 86(3), 86B(2) and (4) and 87, such children are to be offered admission in preference to other children. (3) In this section, “children who are living in kinship care” is to be interpreted in the same manner as given in section 22I of the Children Act 1989, as inserted by section 5 of this Act.”” New clause 29 —Establishment of National Wellbeing Measurement Programme— “(1) The Secretary of State must establish a national children and young people’s wellbeing measurement programme. (2) A programme established under this section must— (a) conduct a national survey of the mental health and wellbeing of children and young people in relevant schools in England; (b) support schools in the administration of the survey (c) make provision for parental and student consent to participation in the survey, ensuring that participation is voluntary and that results are handled confidentially; and (d) regularly publish the results of the survey and provide relevant data to participating schools, local authorities and other public bodies for the purposes of improving children and young people’s wellbeing. (3) A programme established under this section must— (a) be developed and piloted within two years of the passing of this Act; (b) be fully implemented in England no later than the start of the academic year three years after the passing of this Act; (c) be reviewed as to its effectiveness by the Secretary of State every three years. (4) Any review of the programme under subsection (3)(c) must be published and laid before Parliament. (5) For the purposes of this section “relevant school” means— (a) an academy school, (b) an alternative provision Academy, (c) a maintained school, (d) a non-maintained special school, (e) an independent school, or (f) a pupil referral unit, other than where established in a hospital.” This new clause would place a duty on the Secretary of State to introduce a national programme to regularly measure and report on the mental health and wellbeing of children and young people in schools. New clause 30 —Benefits of outdoor education to children’s wellbeing— “(1) The Secretary of State must, within six months of the passing of this Act, conduct a review on the benefits of outdoor education to children's wellbeing. (2) A report on the review must be published within six months of the conclusion of the review.” New clause 33 —National standards for children in need thresholds— (1) The Secretary of State must, within a year of the passing of this Act, conduct a review of the operation of section 17 of the Children Act 1989 (Provision of services for children in need, their families and others). (2) The review must assess regional and national variation in the type, frequency, and duration of support provided to children through child in need plans. (3) The recommendations of the review must include the setting of— (a) metrics in the Department for Education’s Children’s Social Care Dashboard for assessing the progress of children with child in need plans, and (b) national guidance for local authorities defining the thresholds of need that children and families must meet to be offered children in need support. (4) The national guidance issued under section (2)(b) must include— (a) national triggers for an automatic referral to children’s social care, including when a primary care giver enters custody or inpatient mental health provision, and when a child is arrested, (b) the Secretary of State’s expectations on how often children should receive help, (c) the Secretary of State’s expectations on how frequently a child’s support should be reviewed when they have a child in need plan, and (d) any other matters that the Secretary of State deems appropriate.” The purpose of this new clause is to reduce regional variations in the type, frequency and duration of support that children receive through child in need plans. New clause 35 —Extension of priority need status to under 25s— “(1) The Homelessness (Priority Need for Accommodation) (England) Order 2002 is amended as follows. (2) In article (4), paragraph (1)(a), omit “twenty-one” and insert “twenty-five”. (3) In article (5), omit paragraph (1).” This new clause would extend the priority need status under homelessness legislation to all care leavers up to the age of 25, regardless of vulnerability. New clause 36 —Action to promote children’s wellbeing in relation to mobile phones and social media— “(1) Within 12 months of the passing of this Act, the Secretary of State must, for the purposes of promoting the wellbeing of children— (a) direct the Chief Medical Officers of the United Kingdom (“the UK CMOs”) to prepare and publish advice for parents and carers on the use of smartphones and social media use by children, (b) publish a plan for research into the impact of use of social media on children’s wellbeing, and (c) require all schools in England to have a policy that prohibits the use and carrying of certain devices by pupils during the school day. (2) Any advice published under subsection (1)(a) must have regard to— (a) the paper published on 7 February 2019 entitled “United Kingdom Chief Medical Officers’ commentary on ‘Screen-based activities and children and young people’s mental health and psychosocial wellbeing: a systematic map of reviews’”, and (b) any scientific or other developments since the publication of that paper which appear to the UK CMOs to be relevant. (3) Any policy implemented under subsection (1)(c)— (a) may provide for exemptions from the policy, or for an alternative policy, for sixth form students, in so far as such exemptions or alternative policies do not negatively impact upon the wider policy; (b) may provide for exemptions for medical devices; (c) is to be implemented as the relevant school leader considers appropriate; and (d) may, where implemented by a boarding school or residential school, include appropriate guidance for the use of certain devices during other periods which their pupils are on school premises, subject to such policies safeguarding and promoting the welfare of children in accordance with relevant national standards. (4) For the purposes of this section— “certain devices” means mobile phones and other devices which provide similar functionality and whose main purpose is not the support of learning or study; “the Chief Medical Officers of the United Kingdom” means the Chief Medical Officers for— (a) England, (b) Wales, (c) Scotland, and (d) Northern Ireland “the school day” includes all time between the start of the first lesson period and the end of the final lesson period.” This new clause would require the Secretary of State to take action to promote children’s wellbeing in relation to mobile phones and social media by commissioning a report from the Chief Medical Officers and requiring schools to ban the use of mobile telephones during the school day. New clause 37 —Cessation of Child Protection Plans— “Where proceedings are initiated or a care and supervision order is issued under section 31 of the Children Act 1989, any cessation of child protection plans for children under five years old must be signed off by the relevant Director of Children's Services or Head of Social Work Practice.” This new clause would mean that the relevant Director of Children's Services or Head of Social Work Practice must sign off any cessation of child protection plans for children under five years old once proceedings have been initiated or once a care and supervision order has been issued. New clause 43 —Automatic enrolment for the Healthy Start scheme— “(1) The Secretary of State must, within 6 months of the passing of this Act, introduce a scheme to automatically enrol certain individuals for the purposes of the Healthy Start scheme. (2) For the purposes of this section, “certain individuals” means people who are eligible for the Healthy Start scheme on the basis of having a child under the age of 4. (3) The scheme must provide the means for individuals to opt out of enrolment for the Healthy Start scheme.” New clause 44 —Contact with siblings for children in care— “(1) The Children Act 1989 is amended as follows. (2) In section 34(1), after paragraph (d) insert— “(e) his siblings (whether of the whole or half blood).” (3) In paragraph 15(1) of Schedule 2, after paragraph (c) insert— “(d) his siblings (whether of the whole or half blood).”” This new clause would ensure that children in care are allowed reasonable contact with their siblings. New clause 45 —Arrangements for remaining in a residential children’s home after reaching adulthood— “(1) The Children Act 1989 is amended as follows. (2) In section 23CZA (arrangements for certain former relevant children to live with former foster parents), at the end of subsection (2) insert – “or by which a person who is a former relevant child by virtue of section 23C(1)(b) continues to live at the residential children’s home at which they were resident when they were looked after. (3) In paragraph 19BA in Part 2 of Schedule 2 (local authority support for looked after children)— (a) in sub-paragraph (1), after “parent” insert “or in a residential children’s home”; (b) in sub-paragraph (3)(b), after “parent” insert “or residential children’s home”.’” This new clause would extend the “staying put” arrangements that currently exist for young people placed with foster parents to those living in a residential children’s home. New clause 46 —Extension of the ban on unregulated accommodation for 16- and 17-year-olds— “(1) In the Care Planning, Placement and Case Review (England) Regulations 2010— (a) in Regulation 27A (Prohibition on placing a child under 16 in an unregulated setting), for “under 16” substitute “under 18”; (b) in Regulation 27B (Exception to the prohibition on placing a child under 16 in other arrangements), after paragraph (1), insert— “(1A) The Secretary of State shall ensure that all accommodation provided to looked after children aged 16 and 17 meets the standards of regulated children’s homes or other regulated supported accommodation.”” (2) In section 22C of the Children Act 1989 (Ways in which looked after children are to be accommodated and maintained), after subsection (6) insert— “(6A) A local authority must not place a looked after child aged 16 or 17 in unregulated accommodation that does not meet the requirements set out in regulations made under subsection (7).”” New clause 47 —Requirement for minimum standards for accommodation provided to 16- and 17-year-olds in care— “The Secretary of State must, within six months of the passing of this Act, lay before Parliament regulations establishing national minimum standards for accommodation provided to 16- and 17-year-olds in care, ensuring— (a) access to appropriate levels of support and supervision; (b) safeguarding protections equivalent to those in regulated children’s homes; and (c) oversight by Ofsted or another appropriate regulatory body.” New clause 50 —Establishment of Child Protection Authority— “(1) The Secretary of State must, within six months of the passing of this Act, establish a Child Protection Authority for England. (2) The purpose of such an Authority will be to— (a) improve practice in child protection; (b) provide advice and make recommendations to the Government on child protection policy and reforms to improve child protection; (c) inspect institutions and settings at some times and in such ways as it considers necessary and appropriate to ensure compliance with child protection standards; and (d) monitor the implementation of the recommendations of the Independent Inquiry into Child Sexual Abuse and other inquiries relating to the protection of children. (3) The Authority must act with a view to— (a) safeguarding and promoting the welfare of children; (b) ensuring that institutions and settings fulfil their responsibilities in relation to child protection.” This new clause would seek to fulfil the second recommendation of the Independent Inquiry into Child Sexual Abuse in establishing a Child Protection Authority for England. Amendment 176, in clause 1, page 1, line 7, leave out from start to “in” in line 8 and insert— “When a local authority starts formal child protection proceedings.” This amendment would require the offer of a family group decision making meeting when formal child protection proceedings are initiated or when a child protection plan is failing to protect the child, rather than before a local authority makes an application for a care and supervision order. Amendment 177, in clause 1, page 1, line 10, at end insert— “(1A) A family group decision-making meeting must be offered by the relevant local authority when a family is going through private law proceedings.” This amendment seeks to reduce the conflict in private law proceedings by offering a family group decision making meeting, allow other family members to support the child as well as to identify where there are significant safeguarding risks to the child/children. It would strengthen the intention that mediation and reconciliation out of court are better for the child. Amendment 178, in clause 1, page 2, line 7, at end insert— “(5) A family group decision-making meeting must be chaired by a systemic family therapist or other similarly qualified professional.” This amendment would require family group decision-making meetings to be chaired by a family therapist or other professional with equivalent qualifications. Particularly in cases involving domestic abuse, including coercion and control, it is essential that the FGDP has the expertise to manage this and protect the child/children. Amendment 172, in clause 1, page 2, leave out lines 21 to 26 and insert— “(8) The child in relation to whom the family group decision-making meeting is held should be supported to attend all or part of the meeting if they wish to do so, unless the local authority determines this not to be in the best interests of the child, in which instance efforts should be made to ensure their views are represented. (9) In exercising functions under this section in relation to a child, the local authority must, so far as is reasonably practicable and consistent with the child’s welfare— (a) ascertain the child’s wishes and feelings; and (b) give due consideration (having regard to the child’s age and understanding) to such wishes and feelings of the child as they have been able to ascertain.” This amendment would require a local authority to ascertain a child’s wishes and feelings regarding all aspects of family group decision-making, to give those views due consideration, and to support the child to participate in family group decision-making meetings where appropriate. Amendment 179, in clause 1, page 2, line 26, at end insert— “(10) If a child is to be looked after by other family members as a result of the family group decision-making meeting, the local authority must make arrangements to ensure the safety and welfare of the child and prepare a child protection plan that reflects this.” This amendment would ensure that if a child is going to be looked after by other family members, the local authority takes appropriate action, that is reflected in the child protection plan, to assure their safety and welfare. Amendment 180, in clause 1, page 2, line 26, at end insert— “(10) If the child is under the age of two, the family group decision-making conference must not delay the timetable for the making of permanent arrangements regarding the child’s care.” This amendment is designed to ensure that the offer of a family group decision-making meeting does not unduly delay making permanent arrangements regarding the child’s care Government amendment 111. Amendment 181, in clause 4, page 6, line 25, at end insert— “(4A) Where the relevant person considers that the disclosure would be more detrimental to the child than not disclosing the information, this decision must be recorded.” This amendment requires decisions made not to disclose information to be recorded. Government amendment 112. Amendment 182, in clause 4, page 6, line 37, at end insert— “(6A) Where information is disclosed under this section, the recipient must consider the safety and welfare of others to whom the information may relate or involve and take steps to promote their safety and welfare, particularly in cases of domestic abuse or elder abuse.” This amendment seeks to ensure that other vulnerable members of a household are not inadvertently put at risk by the sharing of information, and that safety plans are put in place where needed. Government amendments 113 to 116. Amendment 174, in clause 5, page 9, line 31, at end insert— “(8) A kinship local offer published under subsection (5) must state when it will next be reviewed. (9) Any review of a kinship local offer conducted by a local authority under subsection (7) must involve the participation of children and families.” This amendment would ensure that kinship families are actively engaged in shaping the support available to them, and that local authorities are held accountable for delivering their obligations. Amendment 183, in clause 5, page 9, line 31, at end insert— “(8) In fulfilling its duties under subsection (7) a local authority must annually consult and collect feedback from children in kinship care and their carers about its kinship local offer. (9) Feedback received under subsection (8) must be published annually.” This amendment would require local authorities to consult children and carers when assessing their kinship care offer. Amendment 184, in clause 7, page 12, line 8, at end insert— “(3A) Where staying close support is provided, it must be provided with due regard to the wishes of the relevant person and a record must be kept of that person’s wishes.” This amendment would require local authorities to take account of the wishes of the relevant young person when providing staying close support, and keep a record of those wishes. Amendment 186, in clause 11, page 16, line 18, at end insert— “(1AA) A child who is being looked after by a local authority in England and is under the age of 13 may not, whilst being kept in relevant accommodation in England, be deprived of their liberty in that accommodation unless this has been authorised by the Secretary of State.” This amendment would ensure that deprivation of liberty orders could not be issued to children under the age of 13 unless expressly authorised by the Secretary of State, in line with provisions relating to children’s homes. Amendment 187, in clause 11, page 16, line 25, at end insert— “(1C) The Secretary of State must review a deprivation of liberty order every 4 weeks to ensure that is appropriate for the order to remain in place.” This amendment would require a review of deprivation of liberty orders to ensure that they remain appropriate for the relevant child. Amendment 185, in clause 11, page 17, line 10, at end insert— “(8A) After subsection (9) insert— “(10) Where a child is kept in secure accommodation under this section, the relevant local authority has a duty to provide therapeutic treatment for the child.”” This amendment would place a duty on local authorities to provide therapeutic treatment for children subject to a deprivation of liberty order. Government amendment 117. Amendment 188, in clause 12, page 17, delete from line 21 to line 17 on page 21 and insert— “23A Requirement for inspection (1) The CIECSS may order an inspection of a parent undertaking, or any of its subsidiaries, if it has– (a) a subsidiary undertaking which meets the requirements of subsection (2), or (b) two or more subsidiary undertakings which meet the requirements of subsection (3). (2) A subsidiary undertaking meets the requirements of this subsection if– (a) the subsidiary undertaking is registered under this Part as carrying on two or more establishments or agencies for which the CIECSS is the registration authority, and (b) the CIECSS reasonably suspects that there are grounds for cancelling the subsidiary undertaking’s registration in respect of two or more of those establishments or agencies. (3) A subsidiary undertaking meets the requirements of this subsection if– (a) the subsidiary undertaking is registered under this Part as carrying on one or more establishments or agencies for which the CIECSS is the registration authority, and (b) the CIECSS reasonably suspects that there are grounds for cancelling the subsidiary undertaking’s registration in respect of one or more of those establishments or agencies.” This amendment would require an inspection if the CIECSS believes that are reasons to cancel a children’s home registration, rather than issue an improvement plan notice. Amendment 189, in clause 12, page 18, line 6, at end insert— “(3A) The CIECSS may require an unannounced visit by Regulation 44 visitor to a children’s home, if it reasonably suspects that there are administrative breaches or minor concerns about the quality of care being provided. (3B) After Regulation 44 visitors have inspected the relevant children’s home or homes, the local authority may issue an improvement plan notice based on their findings.” This amendment would rely on the use of Regulation 44 visitors to inform the content of an improvement plan notice where the CIECSS has concerns about minor or technical breaches. Government amendment 118. Amendment 171, in clause 15, page 29, line 18, at end insert— “(c) independent schools with caring responsibilities and offering SEND provision.” This amendment would include independent special schools within the profit cap provision. Government amendments 119 to 131. Government new schedule 1— Relevant authorities.

• 14 Mar 2025 · Rare Cancers Bill · Hansard source

  More

  That was most definitely Parliament at its best. Question put and agreed to. Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).

• 12 Mar 2025 · Employment Rights Bill · Hansard source

  More

  With this it will be convenient to discuss the following: Government new clause 40— Political funds: requirement to pass political resolution . Government new clause 41— Industrial action ballots: support thresholds . Government new clause 42— Notice of industrial action ballot and sample voting paper for employers. Government new clause 43— Period after which industrial action ballot ceases to be effective . Government new clause 44— Power to give notice of underpayment . Government new clause 45— Calculation of the required sum . Government new clause 46— Period to which notice of underpayment may relate . Government new clause 47— Notices of underpayment: further provision . Government new clause 48— Penalties for underpayment . Government new clause 49— Further provision about penalties . Government new clause 50— Suspension of penalty where criminal proceedings have been brought etc . Government new clause 51— Appeals against notices of underpayment . Government new clause 52— Withdrawal of notice of underpayment . Government new clause 53— Replacement notice of underpayment . Government new clause 54— Effect of replacement notice of underpayment . Government new clause 55— Enforcement of requirement to pay sums due to individuals . Government new clause 56— Enforcement of requirement to pay penalty . Government new clause 57— Power to bring proceedings in employment tribunal . Government new clause 58— Power to provide legal assistance . Government new clause 59— Recovery of costs of legal assistance . Government new clause 60— Power to recover costs of enforcement . New clause 8— Prison officers: inducements to withhold services — “In section 127 of the Criminal Justice and Public Order Act 1994 (Inducements to withhold services or to indiscipline)— (a) in subsection (1), omit paragraph (a); (b) omit subsection (1A); (c) omit subsection (7).” This new clause would repeal provisions in the Criminal Justice and Public Order Act 1994 that prohibit inducing a prison officer to take (or continue to take) any industrial action. New clause 9— Inducement of prison officers: exempted persons — “After section 127A of the Criminal Justice and Public Order Act 1994 (inducements to withhold services or to indiscipline), insert— “Section 127B: Prison officers and trade unions: exempted persons Section 127 (inducements to withhold services or to indiscipline) does not apply to— (a) Any listed trade union representing prison officers, or (b) any person acting on behalf of a listed trade union representing prison officers.”” This new clause would repeal, with respect to trade unions representing prison officers, provisions that prohibit the inducement of industrial action or indiscipline by a prison officer. New clause 19— Right to be accompanied — “(1) Section 10 of the Employment Relations Act 1999 (right to be accompanied) is amended as follows. (2) In subsection (3), after paragraph (b) insert— “(ba) person who has been reasonably certified in writing by a Professional Body as having experience of, or as having received training in, acting as a worker’s companion at disciplinary or grievance hearings, or” (3) After subsection (7) insert— “(8) In this section, “Professional Body” means any organisation which is authorised by a regulation made by the Secretary of State pursuant to subsection (9). (9) The Secretary of State may make a regulation or regulations authorising any organisation as a Professional Body for the purposes of this section.”” This new clause would expand the right to be accompanied by a certified companion at disciplinary and grievance hearings. New clause 28— Enforcement against companies subject to insolvency or voluntary liquidation — “(1) A Labour Market Enforcement Strategy under section 81 must include— (a) the Secretary of State’s assessment of— (i) the scale and nature of non-compliance with employment tribunal awards due to insolvency or voluntary liquidation during the period of three years ending immediately before the strategy period; (ii) the scale and nature of such non-compliance involving phoenixing during the same period; and (iii) the likely scale and nature of such non-compliance during the strategy period; (b) a proposal for the strategy period setting out how enforcement functions of the Secretary of State are to be exercised in relation to such non-compliance. (2) An annual report under section 82 must include― (a) an assessment of the effect of the applicable strategy on the scale and nature of non-compliance with employment tribunal awards, including non-compliance due to insolvency or voluntary liquidation, and (b) an assessment of the effect of the applicable strategy on the scale and nature of non-compliance involving phoenixing. (3) For the purposes of this section, “phoenixing” means the practice of dissolving or otherwise closing a business and establishing a new one with a similar purpose, with the effect of avoiding the enforcement of employment tribunal awards or other debts.” This new clause would require the Secretary of State to include, in the Labour Market Enforcement Strategy and annual reports under this Bill, information about non-compliance with employment tribunal awards by, and enforcement against, companies ordered to pay such awards that have been subject to insolvency or voluntary liquidation, including in instances in which the directors go on to set up a similar company to avoid enforcement. New clause 29— Trade union representatives: right not to suffer career detriment — “(1) In Part V of the Employment Rights Act 1996 (Protection from suffering detriment in employment), after section 47(1A), insert— “(1B) This section applies where the detriment in question relates to matters of internal promotion or progression.” (2) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (3) to (6). (3) In the italic title before section 137, after “Access to employment”, add “and career progression”. (4) After section 138, insert— “138A Career progression (1) An employer must ensure that any employee undertaking trade union representative duties does not experience detriment in matters of internal career progression as a result of the employee’s trade union activities. (2) Where an employee who is a trade union representative has not been appointed to a more senior role, in circumstances in which the employee met the minimum criteria for the role and demonstrated that criteria through the application, the employer must provide a written statement. (3) The written statement under subsection (2) must include evidence to demonstrate that the decision not to appoint the employee was not affected by the employee’s trade union activities. 138B Career progression: support for trade union representatives An employer must have in place a policy to support the career progression of employees who are trade union representatives. The policy must set out― (a) how the employees will be supported in matters of internal progression and promotion; and (b) how the employer will consider trade union experience in assessing applications for more senior roles.”” (5) In section 140(1), after “section 138” insert “or 138A”. (6) In section 142(1), after “section 138” insert “or 138A”.”” This new clause would enhance protections to trade union representatives, extending them to cover detriment in matters of career progression, and would require employers to demonstrate that they have not denied promotion to trade union representatives as a result of their trade union activities. It would also require employers to have a policy in place to support the career progression of employees who are trade union representatives. New clause 31— Removal of secondary action provisions — “In the Trade Union and Labour Relations (Consolidation) Act 1992, omit section 224 (secondary action).” New clause 64— Duties of trade unions — “(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. (2) In section 219 (protection from certain tort liabilities), after subsection (4) insert— “(5) But subsection (4) does not have effect in relation to any act in contemplation or furtherance of a trade dispute which relates wholly or mainly to proposals by an employer to vary terms and conditions of employment of two or more employees accompanied by the threat (explicit or implied) of dismissal if that variation is not agreed.”” New clause 65— Personal Liability for breach of tribunal orders — “(1) Where, in relation to a body corporate— (a) a financial order made by an employment tribunal or agreed by the claimant and the body corporate; or -(b) an order of reinstatement or re-engagement made by an employment tribunal or agreed by the claimant and the body corporate has not been fulfilled by the date specified in the order or agreement, without reasonable excuse, and that failure is proved— (a) to have been committed with the consent or connivance of an officer of the body, or (b) to be attributable to any neglect on the part of such an officer, that officer shall be personally liable to reimburse the claimant in whose favour the order had been made or agreed. (2) An officer found liable for reimbursement under subsection (1) may be disqualified as a director or prevented from becoming a director.” New clause 66— Public sector contracting: trade union recognition — “(1) The Procurement Act 2023 is amended as follows. (2) In Part (2) (principles and objectives), after section 14A insert— “14B Obligations of contractors to recognise trade unions (1) The Secretary of State has a duty to ensure that any contract entered into by a— (a) government department; (b) executive agency of government; (c) non departmental public body; or (d) non Ministerial department, is compliant with the requirements set out in subsection (2). (2) A contract under subsection (1) must─ (a) recognise an independent trade union for the purposes of collective bargaining, and (b) take steps to ensure that any sub-contractor to the contractor which carries out any obligation under the public contract recognises an independent trade union for the purposes of collective bargaining. (3) For the purposes of this section, “recognises”, “independent trade union” and “collective bargaining” have the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992. (4) An independent trade union may make a complaint against a contracting authority, which is a party to a public contract, that it or a contractor or sub-contractor which carries out any obligation under the public contract is in breach of the term in subsection (2). (5) The complaint may be made to the Central Arbitration Committee. (6) If the Central Arbitration Committee finds the complaint to be well founded, it shall grant a declaration to that effect. (7) Where the Central Arbitration Committee makes a declaration in accordance with subsection (6), it shall order that the respondent contracting authority shall take whatever steps appear to the Central Arbitration Committee as necessary to ensure that the contracting authority and every contractor or sub-contractor which carries out any obligation under the public contract comply with the implied term in subsection (2). (8) The steps that may be taken under subsection (7) include termination of the contract, which shall not be regarded as a breach of contract by the contracting authority concerned if a principal reason for the termination is compliance with an order of the Central Arbitration Committee under (7). (9) An appeal lies on a point of law to the Employment Appeal Tribunal by either party to proceedings brought under subsection (5).”” New clause 67— Sectoral collective bargaining: 80 per cent coverage — “(1) The Secretary of State must, within six months of the passing of this Act, lay before Parliament an action plan to achieve, within five years, that the principal terms and conditions of employment of at least 80 percent of workers in the United Kingdom are determined by collective agreement. (2) The action plan under subsection (1) must be informed by consultation with organisations representing employers and trade unions.” New clause 68— Sectoral collective bargaining: other sectors — “(1) Regulations under this Act may include regulations for collective bargaining in other sectors of the economy. (2) Regulations made under subsection (1)— (a) may only be made following consultation with representatives of workers and employers in those sectors; and (b) may provide that agreements reached by such collective bargaining shall apply to the workers and employers in the relevant sector save to the extent that a previous or subsequent collective agreement has provided a more favourable term or condition.” New clause 69— Statement of trade union rights — “Every employee, worker and self-employed person has the right— (a) to join an independent trade union of his choice, subject only to its rules; (b) to take part in the activities of an independent trade union at an appropriate time, subject only to its rules.” New clause 70— Right of Trade Unions to Access Workplaces — “In part 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (trade unions), before Chapter 5A, insert— “Chapter 5ZA RIGHT OF TRADE UNIONS TO ACCESS WORKPLACES 70ZA Right of access (1) A designated official of an independent trade union shall have a right to enter premises occupied by an employer in order to access a workplace or workplaces, subject to the conditions set out below. (2) An employer shall not— (a) refuse entry to a designated trade union official seeking to exercise his or her right of access under sub-section (1), or (b) otherwise obstruct such an official in the exercise of his or her right of access under sub-section (1). (3) A “designated trade union official” means a person nominated by the trade union to exercise the right of access on its behalf. 70ZB Access purposes (1) The right of access may be exercised for the access purposes. (2) The access purposes are to— (a) meet, represent, recruit or organize workers (whether or not they are members of a trade union); and (b) facilitate collective bargaining. 70ZC Notice to employer (1) The right of access may be exercised only after the designated official of an independent trade union has given notice of an intention to do so to the employer whose premises it is proposed to enter for the purposes of access to a workplace or workplaces. (2) The notice must be— (a) in writing; and (b) given at least 24 hours before it is intended to exercise the right of access; (3) The notice required to be given under subsection (2) shall— (a) specify the purpose for which entry is sought; and (b) identify the workers or categories of workers the designated official intends to meet, represent, recruit or organize. (4) The right of access may be exercised without giving notice where there are exceptional circumstances such as to justify access without prior notice. (5) Whether circumstances are exceptional shall be determined by having regard to the relevant provisions of a Code of Practice issued by ACAS. 70ZD Access conditions (1) The right of access is subject to the following conditions. (2) The right of access may be exercised— (a) only at a reasonable time, and (b) subject to reasonable conditions imposed by the employer. (3) What is reasonable for the purposes of subsection (2) shall be determined by having regard to the relevant provisions of a Code of Practice issued by ACAS. 70ZE Dwellings (1) The right of access does not apply to any part of premises which are used exclusively as a dwelling. (2) Where sub-section (1) applies and only where sub-section (1) applies, the employer shall provide a reasonable, suitable, and alternative venue to enable the right of access to be exercised. (3) What is reasonable and suitable for the purposes of subsection (2) shall be determined by having regard to the relevant provisions of a Code of Practice issued by ACAS. 70ZF Enforcement of right of access (1) Where an employer refuses or obstructs access contrary to section 70ZA, a complaint may be made to the CAC by the trade union of which the designated official is a representative. (2) Where the CAC finds the complaint to be well-founded it shall make a declaration to that effect and may make an order requiring the employer to comply with section 70ZA, subject to such conditions as the CAC may determine. (3) If the CAC makes a declaration under subsection (2) the trade union may, within the period of three months beginning with the date on which the declaration is made, make an application to the Employment Appeal Tribunal for a penalty notice to be issued. (4) Where such an application is made, the Employment Appeal Tribunal shall issue a written penalty notice to the employer requiring the employer to pay a penalty to the trade union in respect of each refusal or obstruction of access unless satisfied, on hearing representations from the employer, that the refusal or obstruction of access resulted from a reason beyond the employer’s control or that the employer has some other reasonable excuse. (5) If the CAC makes an order under subsection (2) the order shall be recorded in the High Court and on being recorded may be enforced as if it were an order of the High Court. 70ZG Penalty notice (1) A penalty notice issued under section 70ZF(4) shall specify— (a) the amount of the penalty which is payable; (b) the date before which the penalty must be paid; and (c) the failure and period to which the penalty relates. (2) A penalty set by the Employment Appeal Tribunal under section 70ZF(4) may not exceed a prescribed amount. (3) Matters to be taken into account by the Employment Appeal Tribunal when setting the amount of the penalty shall include— (a) the gravity of each refusal or obstruction of access; (b) the period of time over which each refusal or obstruction of access occurred; (c) the number of occasions on which each refusal or obstruction of access occurred; (d) the reason for each refusal or obstruction of access; (e) the number of workers affected by each refusal or obstruction of access; and (f) the number of workers employed by the undertaking. (4) The Employment Appeal Tribunal shall also take into account any previous refusal or obstruction of access to a designated official of the independent trade union to which the application relates. (5) If the specified date in a penalty notice for payment of the penalty has passed and— (a) the period during which an appeal may be made has expired without an appeal having been made; or (b) such an appeal has been made and determined, the trade union may recover from the employer, as a civil debt due to it, any amount payable under the penalty notice which remains outstanding. (6) The making of an appeal suspends the effect of a penalty notice pending the outcome of the appeal. 70ZH Other provisions relating to trade union access (1) Sections 70ZA-70ZG are in addition and without prejudice to any other provisions relating to trade union access to workers. (2) For the avoidance of doubt, the latter include but are not confined to— (a) Section 188(5A) of this Act (b) Sections 198A and 198B of this Act; (c) Schedule A1, paragraphs 26 and 118 of this Act; (d) ACAS Code of Practice on time off for trade union duties and activities issued under section 199 of this Act, for the time being in force; and (e) Any collective agreement which makes more favourable provision.”” New clause 82— Fair Work Agency: review of resourcing — (1) The Secretary of State must conduct a review of the resources available to the Fair Work Agency. (2) The review must be published and laid before Parliament within six months of this section coming into force.” This new clause asks the Secretary of State to review the resources available to the Fair Work Agency to ensure that enforcement of provisions in the Act are effective. New clause 88— Rules as to political fund — (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. (2) In subsection (1) of section 84 (Contributions to political fund from members of the union), after subsection (1), insert— “(1A) An opt-in notice under subsection (1) must include the member of the trade union’s consent to annual renewal of the contribution to the political fund (a “renewal opt-in”). (1B) The renewal opt-in must be sent by the member of the trade union─ (a) within six months of the initial opt-in and every six months thereafter, or (b) each time payment is due, at least 28 days before payment is taken, whichever is longer. (1C) If the member of the trade union does not provide a renewal opt-in, the trade union must provide a date by which the member must notify the trade union of their consent to continued contribution towards the political fund, which must be no earlier than 28 days before the next payment to the political fund is due. (1D) If the member has not— (a)opted into an arrangement under subsection (1A) or (1B), or (b) given notification of their consent to continued contributions by the date specified under subsection (1C), their payments to the political fund must cease before the renewal date.”” This new clause will ensure that trade union members are asked whether they wish their contribution to the political fund to renew automatically and would require that, if the member does not wish to renew their contribution, the union must provide a date by which the member has to confirm they wish to continue to contribute. New clause 89— Certification Officer: growth duty — “(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. (2) In section 254 (The Certification Officer), after subsection (2), insert— “(2A) In discharging the functions of the Certification Office, the Certification Officer must, so far as reasonably possible, act in such a way as to advance the following objectives— (a) the international competitiveness of the economy of the United Kingdom; and (b) economic growth of the United Kingdom in the medium to long term.”” This new clause would require the Certification Officer to advance the objectives of the international competitiveness of the economy and its growth in the medium to long term. New clause 90— Regulations under Part 4 — “When making regulations under Part 4 of this Act, the Secretary of State must have regard to the following objectives— (a) the international competitiveness of the economy of the United Kingdom; and (b) the economic growth of the United Kingdom in the medium to long term.” This amendment would require the Secretary of State, when making regulations under Part 4 of the Bill, to have regard to the objective of the international competitiveness of the economy and its growth in the medium to long term. New clause 98— Pressure to impose union recognition requirement — “In the Trade Union and Labour Relations (Consolidation) Act 1992, omit section 225 (Pressure to impose union recognition requirement).” This new clause would remove section 225 from the Trade Union and Labour Relations (Consolidation) Act 1992 on pressure to impose union recognition requirement. New clause 99— Electronic balloting — “(1) The Secretary of State must, within six months of the passing of this Act, lay before Parliament a statutory instrument containing an order under section 54 of the Employment Relations Act 2004. (2) That order must specify that— (a) permissible means may, in the case of any description of ballot or election, include (or consist of) electronic voting; and (b) any ballot or election including (or consisting of) electronic voting must be conducted pursuant to section 230 (Conduct of ballot) of the Trade Union and Labour Relations (Consolidation) Act 1992. (3) The Secretary of State must not make an order under this section until a consultation with the Trades Union Congress and the Certification Officer has been conducted. (4) An order under this section may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.” This new clause requires the Secretary of State to make an order for electronic voting in a ballot or election pursuant to section 54 of the Employment Relations Act 2004 within six months of the passing of this Act, and following consultation with the TUC. New clause 100—Notice to employers of industrial action: amendment— “In section 234A of the Trade Union and Labour Relations (Consolidation) Act 1992, omit subsections (3) to (9) and insert—- “(3) For the purposes of this section a relevant notice is one in writing which— (a) identifies— (i) the day or the first of the days on which, at the time of the service of the relevant notice, the union proposes to call industrial action; and (ii) the categories of employee the union intends to call on to take industrial action; and (b) must be provided to the employer as early as practicable after the ballot result is known and the decision to take industrial action in furtherance of it has been taken. (4) If the industrial action relates to an event which has already taken place, no relevant notice shall be required.”” This new clause replaces the provisions in section 234A of the Trade Union and Labour Relations (Consolidation) Act 1992 to define a relevant notice for industrial action, when one must be provided and when one is not required. New clause 103— Public sector contracting: trade union recognition — “(1) The Procurement Act 2023 is amended as follows. (2) In Part (2) (principles and objectives), after section 14A insert— “14B Obligations of contractors to recognise trade unions (1) The Secretary of State has a duty to ensure that any contract entered into after the coming into force of this Act by a— (a) government department; (b) executive agency of government; (c) non departmental public body; or (d) non Ministerial department, is compliant with the requirements set out in subsection (2). (2) A contract under subsection (1) must require the contractor to such a contracting authority to— (a) recognise an independent trade union for the purposes of collective bargaining, and (b) take steps to ensure that any sub-contractor to the contractor which carries out any obligation under the public contract recognises an independent trade union for the purposes of collective bargaining. (3) For the purposes of this section, “recognises”, “independent trade union” and “collective bargaining” have the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992. (4) An independent trade union may make a complaint against a contracting authority, which is a party to a public contract, that it or a contractor or sub-contractor which carries out any obligation under the public contract is in breach of the term in subsection (2). (5) The complaint may be made to the Central Arbitration Committee. (6) If the Central Arbitration Committee finds the complaint to be well founded, it shall grant a declaration to that effect. (7) Where the Central Arbitration Committee makes a declaration in accordance with subsection (6), it shall order that the respondent contracting authority shall take whatever steps appear to the Central Arbitration Committee as necessary to ensure that the contracting authority and every contractor or sub-contractor which carries out any obligation under the public contract comply with the implied term in subsection (2). (8) The steps that may be taken under subsection (7) include termination of the contract, which shall not be regarded as a breach of contract by the contracting authority concerned if a principal reason for the termination is compliance with an order of the Central Arbitration Committee under subsection (7). (9) An appeal lies on a point of law to the Employment Appeal Tribunal by either party to proceedings brought under subsection (5).”” This new clause is designed to ensure that all public contractors comply with the duty to recognise a trade union for the purposes of collective bargaining and that such contractors take steps to ensure that any sub-contractors do the same. The terms “contracting authority” and “public contract” are defined in section 2 and 3 of the Procurement Act. New clause 106— Collective bargaining — “(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. (2) In section 209, after “industrial relations” insert— “and in particular to encourage the extension of collective bargaining and the development and, where necessary, reform of collective bargaining machinery.”” This would add duties around collective bargaining to the general duty of ACAS. New clause 107— Whether agreement intended to be a legally enforceable contract — “(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. (2) For section 179, substitute— “179 Whether agreement intended to be a legally enforceable contract (1) A collective agreement shall be conclusively presumed to have been intended by the parties to be a legally enforceable contract unless the agreement— (a) is in writing, and (b) contains a provision which (however expressed) states that the parties do not intend that the agreement shall be a legally enforceable contract. (2) A collective agreement which satisfies those conditions shall be conclusively presumed not to have been intended by the parties to be a legally enforceable contract. (3) If a collective agreement is in writing and contains a provision which (however expressed) states that the parties intend that one or more parts of the agreement specified in that provision, but not the whole of the agreement, shall not be a legally enforceable contract, then— (a) the specified part or parts shall be conclusively presumed not to have been intended by the parties to be a legally enforceable contract, and (b) the remainder of the agreement shall be conclusively presumed to have been intended by the parties to be such a contract. (4) A part of a collective agreement which by virtue of subsection (3)(a) is not a legally enforceable contract may be referred to for the purpose of interpreting a part of the agreement which is such a contract.”” This new clause replaces Section 179 on whether agreement intended to be a legally enforceable contract in the Trade Union and Labour Relations (Consolidation) Act 1992 New clause 108— Industrial action: workers’ rights — “(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. (2) After section 219, insert— “219A Right to strike Every worker shall have the right to take industrial action, whether or not in breach of any contract, subject to the provisions of this Part.” (3) Omit section 223 (Action taken because of dismissal for taking unofficial action).” This new clause would establish a clearer right to strike and remove provisions from the Trade Union and Labour Relations (Consolidation) Act 1992 that make strike action unlawful on the grounds that it turns out (retrospectively) that the action the worker took was unofficial. New clause 109— Industrial action and ballots — “(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. (2) Omit— (a) section 224 (Secondary action) (b) 225 (Pressure to impose union recognition requirement) (c) 226A (Notice of ballot and sample voting paper for employers) (d) 228 (Separate workplace ballots), and (e) 228A (Separate workplaces: single and aggregate ballots). (3) In section 234 (Period after which ballot ceases to be effective), omit subsections (1) to (5) and substitute: “(1) Industrial action that is regarded as having the support of a ballot shall cease to be so regarded when─ (a) the dispute which gave rise to it ceases, or (b) the union has taken no steps to pursue the dispute for a period of six months.” (4) In subsection (1) of section 244, (Meaning of “trade dispute" in Part V)— (a) omit “a dispute between workers and their employer” and substitute “a dispute between workers and one or more employers”. (b) omit “which relates wholly or mainly to” and substitute “connected with”. (5) In subsection (5) of section 244, omit “a worker employed by that employer” and substitute “a worker employed by an employer”.” This new clause would remove provisions that ban all forms of secondary action; make changes to the definition of “trade dispute”; enable industrial action to be taken to achieve recognition for collective bargaining; remove obligation on a TU to provide a ballot paper to the employer; give TUs more freedom to choose which constituencies they will ballot; and remove an obligation on the union in a long running dispute to re-run the ballot every six months. New clause 110— Review into the impact on small businesses — “(1) The Secretary of State must, within three months of the passage of this Act, lay before Parliament a review on the impact of Part 4 (Trade Unions and Industrial Action, etc) of this Act on small and medium-sized enterprises. (2) The review under subsection (1) must have regard to— (a) administrative costs; (b) legal costs; and (c) tax changes affecting small and medium-sized enterprises taking effect from the 2025-26 financial year. (3) For the purposes of this section, small and medium-sized enterprises are businesses employing 250 or fewer employees.” This new clause would require the Secretary of State to publish a review on the impact of Part 4 of this Bill, on Trade Unions and Industrial Action, on SMEs within 3 months of the passage of this Act. New clause 111— Legal aid in employment tribunals — “(1) The Secretary of State must, within three months of the passage of this Act, lay before Parliament a report on the options for expanding the right to legal aid in employment tribunals. (2) The report under subsection (1) must consider— (a) the impact employers' compliance with measures contained within this Act; and (b) the impact on employees’ personal finances.” This new clause would require the Secretary of State to report on the impact of expanding the right to legal aid in employment tribunals within 3 months of the passage of this Act. New clause 112— Review of single enforcement body — “(1) The Secretary of State must, within three months of the passage of this Act, lay before Parliament a review on the impact of a single enforcement body as provided for under Part 5. (2) The review under subsection (1) must assess the impact of the single enforcement body with the impact between 2019 and 2025 of the following four enforcement bodies— (a) Gangmasters and Labour Abuse Authority (GLAA) (b) Employment Agencies Standards Inspectorate (EAS) (c) His Majesty’s Revenue and Customs (HMRC) (d) Health and Safety Executive (HSE) (3) The review under subsection (1) must have regard to— (a) business compliance costs (b) Employers’ compliance with employment law (c) the number of employees seeking support in relation to employment disputes.” This new clause would require the Secretary of State to review the impact of a single enforcement body compared with separate enforcement bodies within 3 months of the passage of this Act. Amendment 270, page 61, line 14 leave out clause 50. New clause 70 is intended to replace clause 50. Government amendments 162 to 164. Amendment 282, clause 50, page 61, line 31, after “workplace” insert, or “(b) the right to use to any digital communications tools used by workers in the workplace.” This amendment aims to ensure that access for unions to workplaces includes digital means of communication with workers. Government amendments 165 to 185. Amendment 271, clause 51, page 69, line 18, at end insert— “(2A) In paragraph 22 (collective bargaining: recognition)— (a) leave out sub-paragraph (1)(b) and insert— “the CAC has evidence, which it considers to be credible, that a majority of workers constituting the bargaining unit want the union (or unions) to conduct collective bargaining on their behalf’.” (b) leave out subparagraphs (3), (4) and (5). (2B) In paragraph 25 (collective bargaining: recognition)— (a) in sub-paragraph (3)(a) leave out “20 working days” and substitute “10 working days”, and (b) leave out sub-paragraph (3)(b). (c) after sub-paragraph (4)(a) insert “(aa) by secure electronic voting,” (d) in sub-paragraph (4)(c) leave out “and b” and substitute “to (c)” (e) after sub-paragraph (4)(c) insert— “(d) only amongst those who are employed in the proposed bargaining unit and were so employed at the time the application was made”. (2C) In paragraph 26 after sub-paragraph (4) insert— “(3A) In the event that the union (or unions) consider that such access has been unreasonably refused, it (or they) may apply to the CAC for a declaration and order that access be granted and in the event that such a declaration or order is made and the union (or unions) consider that such a declaration or order has been breached it (or they) may apply to the High Court for relief.” (2D) In paragraph 26 after sub-paragraph (4B) insert— “(4BA) The sixth duty is to refrain from any act or omission, direct or indirect, likely to encourage a union member or members to resign from union membership or likely to discourage a person from joining a union or any particular union. (4BB) It shall be unlawful to compel a worker or workers by threat of detriment or dismissal to attend any meeting in which the employer, its servants or agents expresses the view directly or indirectly that— (a) membership of a union or any union; or (b) recognition for the purposes of collective bargaining of a union or any union by the employer, is undesirable.” (2E) In paragraph 27B(2) leave out “must be made on or before the first working day after” and substitute “must be made within 20 working days after”. (2F) In paragraph 29 (collective bargaining: recognition) leave out sub-paragraph (3)(b). (2G) In paragraph 35(1) leave out “a collective agreement under which a union (or unions) are recognised as entitled to conduct collective bargaining” and substitute “a collective agreement under which an independent union (or independent unions) are recognised as entitled to conduct collective bargaining”. (2H) In paragraph 35(1) after “in the rules” insert “‘in relation to all pay, hours and holidays”. (2I) In paragraph 39(2)(a) leave out “years” and substitute “months”. (2J) In paragraph 40(2)(a) leave out “years” and substitute “months”. (2K) In paragraph 41(2)(a) leave out “years” and substitute “months”. This amendment makes changes to the Trade Union and Labour Relations (Consolidation) Act 1992 regarding union recognition and balloting. Amendment 291, page 71, line 1, leave out clause 52. Amendment 292, clause 52, page 71, line 6, at end insert— “(2A) In subsection (1) of section 82 (Rules as to political fund), after paragraph (d) insert— “(e) that trade union members who have not opted out of the political fund must signal, in writing, their agreement to continue contributing to the fund at the end of a period of 12 months after last opting into the fund, and (f) that trade union members must be given an annual notice about their right to opt out of the political fund. (1B) A notice under subsection (1)(f) must include a form that enables the member to opt out of the fund.”” This amendment would require trade unions to notify their members every year of their right to opt out of the political fund, and to obtain an annual opt-in to the political fund from their members. Government amendments 186 to 191. Amendment 293, page 73, line 6, leave out clause 54. Amendment 294, page 74, line 14, leave out clause 55. Amendment 296, clause 55, page 75, line 3, after “employee”, insert— “, and (c) in relation to a public sector employer, the performance condition is met. (3A) The performance condition is met if the Secretary of State is satisfied that the public sector employer is meeting any performance standards set out in a relevant enactment.” This amendment prevents facility time for equality representatives from being provided unless the relevant public sector organisation is meeting its statutory targets for performance. Amendment 295, page 78, line 5, leave out clause 56. Amendment 299, page 78, line 30, leave out clause 58. Government amendments 192 to 199. Amendment 315, page 79, line 28, leave out clause 60. This amendment would leave out Clause 60 on electronic balloting for industrial action. NC99 is intended to replace clause 60. Government amendments 200 to 201. Amendment 297, clause 61, page 80, line 6, leave out “seventh” and insert “fourteenth”. This amendment would increase, from seven to 14 days, the notice period that trade unions are required to adhere to when notifying employers that they plan to take industrial action. Government amendment 202. Amendment 348, page 80, line 9, at end insert— “(3) The Trade Union and Labour Relations (Consolidation) Act 1992 is also amended as follows. (4) In section 231 (Information as to result of ballot), omit from “shall” to after “told” and insert— “display, reasonably prominently on its website, on a webpage reasonably easy to find and which is freely accessible to the general public—” (5) Omit section 231A.” This amendment would change the requirements for notification about the results of a union ballot. Amendment 346, clause 62, page 80, line 19, at end insert— “(3) In section 220 (Peaceful picketing)— (a) in subsection (1), after “attend”, insert “a place of work”; (b) omit subsections (1)(a) and (1)(b); and (c) omit subsections (2) to (4).” This amendment, along with amendment 348, would remove the restriction confining pickets to a worker’s place of work. Amendment 300, clause 63, page 83, line 9, at end insert— “236E Actions short of a strike: exemption (1) The right of a worker not to be subjected to detriment under section 236A does not apply in cases where the worker is involved in one or more of the following activities— (a) intimidation at picket lines; (b) protests organised by trade unions in furtherance of a dispute— (i) at the premises of a company; (ii) at the private residences of senior managers; or (iii) at the premises of other organisations that are connected with the dispute; (c) harassment or bullying of non-striking workers, or those who are covering for striking workers; (d) victimisation or harassment of senior managers; or (e) action aimed at damaging property or disrupting business contingency planning. (2) The Secretary of State must ensure that the circumstances under subsection (1), in which the right of a worker not to be subjected to detriment do not apply, are set out in a code of practice.” This amendment would disapply the right not to suffer detriment as a result of industrial action in certain circumstances. Government amendments 203 to 226 and 236 to 239. Government new schedule 2— Trade union recognition. Government amendments 247, 249, 251 to 261. New clause 77— Employment Law: Scotland Act — “(1) The Scotland Act 1998 is amended as follows— (2) In Schedule 5 of the Scotland Act 1998, omit section H1 (Employment and industrial relations).” This new clause would remove matters related to employment from the list of the reserved matters that remain the responsibility of the UK Parliament alone and would enable the Scottish Parliament to legislate on those matters .

• 12 Mar 2025 · Employment Rights Bill · Hansard source

  More

  Obviously, further clarity on this issue is required, as it was raised earlier. It is the responsibility of individual Members to ensure that they declare their interests properly. The procedure for raising a complaint of this sort is by writing to the Parliamentary Commissioner for Standards. The guide to the rules sets out the rules relating to the declaration of interests in debates. This is not otherwise a matter for the Chair. I hope that brings some further clarity to the issue. I call the Chair of the Business and Trade Committee.

• 29 Jan 2025 · Point of Order · Hansard source

  More

  I thank the right hon. Member for giving advance notice to the hon. Member for Blaydon and Consett and to the Chair that he wished to raise this matter about the ministerial code. He should note, however, that this is not a matter for the Chair.

• 28 Jan 2025 · Water (Special Measures) Bill [Lords] · Hansard source

  More

  With this it will be convenient to discuss the following: New clause 1 —Water Restoration Fund— “(1) No more than 60 days after the day on which this Act is passed, the Secretary of State must by regulations make provision for the establishment, operation and management of a Water Restoration Fund. (2) A Water Restoration Fund is a fund— (a) into which any monetary penalties imposed for specified offences must be paid, and (b) out of which payments must be made for expenditure on measures to improve the quality of the freshwater environment in England. (3) The Secretary of State must by regulations list the specified offences for the purpose of this section, which must include— (a) any relevant provisions of the Water Resources Act 1991, including— (i) section 24(4) (unlicensed abstraction or related works or contravening abstraction licence); 22 Water (Special Measures) Bill [HL]; (ii) section 25(2) (unlicensed impounding works or contravening impounding licence); (iii) section 25C(1) (contravening abstraction or impounding enforcement notice); (iv) section 80 (contravening drought order or permit); (v) section 201(3) (contravening water resources information notice); (b) regulations under section 2 of the Pollution Prevention and Control Act 1999 (regulation of polluting activities etc); (c) regulations under section 61 of the Water Act 2014 (regulation of water resources etc). (4) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (5) The Secretary of State may by regulations made by statutory instrument add to the list of offences specified in subsection (3). (6) The provisions in this section replace any existing provision for the sums received for specified offences, including in section 22A(9) of the Water Industry Act 1991 (penalties).” This new clause would require all funds from fines on water companies for environmental offences to be ringfenced for the Water Restoration Fund, for spending on freshwater recovery. New clause 2 —Abolition of the Water Services Regulation Authority— “(1) The Water Industry Act 1991 is amended as follows. (2) For section 1A (Water Services Regulation Authority) substitute the following— ‘ 1A Abolition of the Water Services Regulation Authority (1) The body corporate known as the Water Services Regulation Authority (in this Act referred to as “the Authority”) is abolished. (2) All references to the duties and functions of the Authority in this Act or any other enactment are null and void.’ (3) Omit Schedule 1A (The Water Services Regulation Authority).” This new clause abolishes Ofwat. New clause 3 —Impact of the Act on the Environment Agency— “The Secretary of State must, within 12 months of the passing of this Act— (a) review the impact of this Act on the Environment Agency; (b) consider whether the Environment Agency requires any additional resources to meet the additional requirements placed upon it by this Act.” New clause 4 —Duty to publish maps of sewage catchment networks— “After section 205 of the Water Industry Act 1991 insert— ‘ 205ZA Duty to publish maps of sewage catchment networks (1) Each relevant undertaker must publish a map of its sewage catchment network. (2) A map published under this section must illustrate any relevant pumping stations, pipes, and other works constituting part of the undertaker’s sewerage network. (3) Maps published under this section must be published within 12 months of the passing of this Act, and must be updated whenever changes are made to the sewage catchment network or the components listed in subsection (2). (4) Maps published under this section must be made publicly accessible on the undertaker’s website.’” New clause 5 —Duty to prevent chemical pollutants entering the water environment— “After section 68 of the Water Industry Act 1991 (Duties of water undertakers and water supply licensees with respect to water quality), insert— ‘ 68A Duty to prevent chemical pollutants entering the water environment (1) It shall be the duty of a water undertaker to take such steps as are necessary to reduce and prevent chemical pollutants, including but not limited to poly- and perfluorinated alkyl substances, entering the water environment. (2) In fulfilling its duty under subsection (1), a relevant undertaker must publish a strategy outlining how it intends to reduce and prevent chemical pollutants entering the water environment. (3) In developing a strategy under subsection (2), a relevant undertaker must consult with appropriate agencies, including but not limited to— (a) the relevant Government department; (b) the Authority; (c) the Environment Agency; and (d) the Drinking Water Inspectorate. (4) A strategy under subsection (2) must include consideration of how the costs of reducing and preventing chemical pollutants entering the water environment are to be borne or recovered, where such consideration must prevent such cost recovery from resulting in additional charges being made upon consumers.’” New clause 6 —Licence conditions about nature recovery— “In the Water Industry Act 1991, after section 17FB insert— ‘ 17FC Nature recovery (1) reducing flood risk and pollution incidents, improving water quality and benefiting nature restoration in their catchment area. (2) The Authority must not take any action that discourages or prevents a relevant undertaker from making an investment in accordance with subsection (1).’” This new clause would make it a condition of all water companies’ licences to consider nature-based solutions to flood risk, improving water quality and benefiting nature restoration in their catchment area, and prevent the regulator from discouraging or stopping such investments. New clause 7 —Review of price review process— “In section 2 of the Water Industry Act 1991, after subsection (2B) insert— ‘(2BA) In furthering its objectives and purposes under subsection (2A), the Authority must, within 12 months of the passing of the Water (Special Measures) Act 2025, review its practices as to reviewing price limits. (2BB) A review under subsection (2BA) must consider— (a) whether the current practice of price reviews every five years should be replaced with an annual, or otherwise more frequent, system; (b) how changes to inflation and other financial or economic changes could or should be reflected in prices charged by water companies; (c) how any future system of price reviews could better support undertakers in planning and delivering investments beyond a single asset management plan period.’” New clause 8 —Prohibition on bail-out of water company shareholders and creditors— “(1) The Secretary of State and His Majesty’s Treasury must not directly or indirectly discharge, assume, or guarantee any debts of legal entities in any water company group subject to proceedings under section 24 of the Water Industry Act 1991 (special administration orders made on special petitions), except in accordance with subsection (2). (2) The special administrator of a water company may reduce the debts owed by the regulated entity to its creditors by up to 100 per cent, taking into account the future forecast expenditure over the short, medium and long term and subject to the administrator’s confidence in the company’s ability to accommodate this spending. (3) The prohibition set out in subsection (1) and the reduction of debts set out in subsection (2) must not include pension, wage and other obligations owed to employees, excluding any past or current member of a board of directors, within the water company group.” This new clause aims to allow up to 100% of debts to be cancelled in the event of special administration proceedings, taking into account the scale of investment required to hit the future targets established by the Authority. New clause 9 —Ofwat to publish guidance on debt levels after administration— “In section 2 of the Water Industry Act 1991, after subsection (2D) insert— ‘(2DZA) For the purposes of ensuring that relevant undertakers are able to finance the proper carrying out of their functions under subsection (2A)(c), the Authority must establish guidelines to be followed by relevant undertakers who have been in special administration. (2DZB) Guidelines produced under subsection (2DZA) must— (a) set out a maximum level of debt which can be accrued by the undertaker; (b) set out a process for agreeing capital expenditure necessary for service improvements, bill increases, and changes to operating costs while the undertaker is subject to the Special Administration Regime; (c) state the penalties which will be imposed for breaches of such guidelines, which may include— (i) financial penalties; (ii) prohibitions on the payment of dividends or other bonuses; or (iii) such other special measures as the Authority deems appropriate.’” New clause 11 —Duty on sewerage undertakers to monitor overflows at sewage treatment works, pumping stations and on the sewer network— “(1) The Water Industry Act 1991 is amended as follows. (2) In section 94— (a) after subsection (1)(b) insert— ‘(c) to make provision for the accurate collection of data relating to its performance in fulfilling its duties under paragraphs (a) and (b).’ (b) after subsection (2) insert— ‘(2A) In performing its duties under subsection (1)(c), a sewerage undertaker must— (a) install volume flow meters in all locations where sewage overflows occur, including sewage treatment works, pumping stations and on the sewer network for which it is responsible; (b) establish appropriate required capacities for each sewage treatment works and pumping station; (c) publish information on the data and calculations used to establish such required capacities; and (d) install all required monitoring tools within 12 months of the passing of this Act.’” New clause 12 —Rules about performance-related pay— “(1) The Water Industry Act 1991 is amended as follows. (2) After section 35D (inserted by section 1 of this Act) insert— ‘ 35E Rules about performance-related pay (1) The Authority must issue rules prohibiting a relevant undertaker from giving to persons holding senior roles performance-related pay in respect of any financial year in which the undertaker has failed to prevent all sewage discharges, spills, or leaks. (2) The rules issued under subsection (1) must include— (a) provision designed to secure that performance-related pay which, if given by a relevant undertaker, would contravene the pay prohibition on the part of the undertaker, is not given by another person; (b) that any provision of an agreement (whether made before or after the issuing of the rules) is void to the extent that it contravenes the pay prohibition; (c) provision for a relevant undertaker to recover any payment made, or other property transferred, in breach of the pay prohibition. (3) For the purposes of subsection (1)— (a) “performance-related pay” means any payment, consideration or other benefit (including pension benefit) the giving of which results from the meeting of any targets or performance standards on the part of the relevant undertaker or the person to whom such payment, consideration or benefit is given; (b) a person holds a “senior role” with a relevant undertaker if the person— (i) is a chief executive of the undertaker, (ii) is a director of the undertaker, or (iii) holds such other description of role with the undertaker as may be specified.’” This new clause creates a new section in the Water Industry Act 1991 to require Ofwat to ban bonuses for water company bosses if they fail to prevent sewage discharges, spills, or leaks. New clause 13— Rules about competitive procurement in water infrastructure — “(1) The Water Industry Act 1991 is amended as follows. (2) After section 35A insert— ‘ Rules about competitive procurement in water infrastructure (1) The Authority must issue rules requiring relevant undertakers to use competitive procurement processes in respect of procurement relating to water infrastructure. (2) If the Authority considers that a relevant undertaker is contravening the rules, the Authority may give the undertaker a direction to do, or not to do, a particular thing specified in the direction. (3) It is the duty of a relevant undertaker to comply with a direction given under subsection (2), and this duty is enforceable by the Authority under section 18. (4) Rules under this section may— (a) make different provision for different relevant undertakers or descriptions of undertakers; (b) make different provision for different purposes; (c) make provision subject to exceptions. (3) The Authority may from time to time— (a) revise rules issued under this section, and (b) issue the revised rules.’” New clause 14— Ofwat consideration of pollution targets for price reviews — “(1) The Water Industry Act 2011 is amended as follows. (2) After section 17I insert— ‘ “17IA Duty to have regard to pollution targets in carrying out price reviews When carrying out a periodic review for the purpose of setting a Price Control in respect of one or more relevant undertakers, the Authority must have regard to the performance of the relevant undertaker or undertakers against pollution targets across the previous five years.’” New clause 15 —Database of performance of sewerage undertakers— “(1) The Water Industry Act 1991 is amended as follows. (2) In Chapter 3 of Part II (Protection of customers etc), after section 27ZA (Power to require information for purpose of monitoring) insert— ‘ 27ZB Duty to establish database (1) It shall be the duty of the Authority to establish and maintain a database containing information relating to the performance of sewerage undertakers. (2) The database must— (a) be publicly and freely accessible; (b) enable uploaded information to be updated in live-time; (c) contain such data or information as the Authority thinks is necessary for the purposes of public transparency as to the performance of sewerage undertakers; and (d) contain— (i) current and historic data; and (ii) data and information which has been independently collected or analysed including— (a) the start time, end time and duration of all sewage spill events, (b) flow data from flow monitors, (c) the location of each flow meter from which flow data is provided. (3) The Authority may make rules about the provision of data and information under this section. (4) Rules under subsection (3) must include rules relating to information provided about the location of flow meters. (5) The Authority may impose penalties on undertakers who fail to provide such information as is required by this section.’” New clause 16 —Establishment of Water Restoration Fund— “(1) The Secretary of State must, within 60 days of the passing of this Act, make provision for the establishment, operation and management of a Water Restoration Fund. (2) A Water Restoration Fund is a fund— (a) into which any monetary penalties imposed on water companies for specified offences must be paid, and (b) out of which payments must be made for expenditure on measures— (i) to help water bodies, including chalk streams, achieve good ecological status, and improve ecological potential and chemical status; (ii) to prevent further deterioration of the ecological status, ecological potential or chemical status of water bodies, including chalk streams; (iii) to enable water-dependent habitats to return to, or remain at, favourable condition; (iv) to restore other water-dependent habitats and species, especially where action supports restoration of associated protected sites or water bodies. (3) The Secretary of State must, by regulations, list the specified offences for the purposes of this section, which must include— (a) any relevant provisions of the Water Resources Act 1991, including— (i) section 24(4) (unlicensed abstraction or related works or contravening abstraction licence); (ii) section 25(2) (unlicensed impounding works or contravening impounding licence); (iii) section 25C(1) (contravening abstraction or impounding enforcement notice); (iv) section 80 (contravening drought order or permit); (v) section 201(3) (contravening water resources information notice); (b) any relevant regulations under section 2 of the Pollution Prevention and Control Act 1999 (regulation of polluting activities etc) related to water pollution; (c) regulations under section 61 of the Water Act 2014 (regulation of water resources etc). (4) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (5) The provisions in this section replace any existing provision for the sums received for specified offences, including in section 22A(9) of the Water Industry Act 1991 (penalties).” New clause 17 —Rules about borrowing— “After section 154B of the Water Industry Act 1991 (financial assistance for major works) insert— ‘Chapter III Rules about borrowing for undertakers 154C Restrictions on undertakers relating to borrowing (1) The Secretary of State may by regulations made by statutory instrument implement a limit on borrowing by a relevant undertaker. (2) Where a relevant undertaker has total borrowing exceeding the limit set by regulations made under subsection (1), the relevant undertaker may not make a payment of dividends, capital, assets, or interest to shareholders or controlling entities. (3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.’” This new clause would enable limits to be placed on the amount of money that can be borrowed by a water or sewerage undertaker, and prevent an undertaker who has exceeded such limits from being able to pay dividends to shareholders. New clause 19 —Civil penalties: equivalent reduction to customer bills— “(1) The Secretary of State must make provision for any monetary penalties imposed on a water company to result in equivalent reductions to the amounts charged to customers by the relevant water company. (2) In fulfilling its duties under subsection (1), the Secretary of State must arrange, annually— (a) for the total amount of monetary penalties imposed on a water company in the previous year to be calculated; (b) for that total to be divided by the number of customers of the water company; (c) for each customer’s next bill from the water company to be reduced by that figure. (3) Any reduction applied under this section must be indicated on a customer’s statement of account. (4) In this section, ‘water company’ has the meaning given by section 6(5).” This new clause would provide for any fines imposed on water companies to result in equivalent reductions to customers’ bills. New clause 20 —Principles of best regulatory practice— “In section 2 of the Water Industry Act 1991, after subsection (4) insert — (4A) For the purposes of having regard to the principles of best regulatory practice, the Authority shall not employ any individual who has been employed by a relevant undertaker in the preceding three years.” New clause 21 —Environmental duties with respect to protected landscapes— “After section 4 of the Water Industry Act 1991 insert— ‘ 4A Environmental duties with respect to protected landscapes (1) Where a relevant undertaker operates, or has any effect, on land within protected landscapes, that undertaker must— (a) Secure and maintain “high ecological status” in the water in these areas by 2028; (b) further the conservation and enhancement of wildlife and natural beauty; (c) improve every storm overflow that discharges within these areas by 2028; (d) reduce the load of total phosphorus discharged into freshwaters within these areas from relevant discharges by 2028 to at least 90% lower than the baseline as defined in Regulation 13(1) of the Waste Water Targets set under the Environment Targets (Water) (England) Regulations 2023. (2) A relevant undertaker must be put into special administration, and not be eligible for a further licence, if it fails to— (a) demonstrate adequate progress each year; (b) meet the targets in subsection (1). (3) Within one year of the day on which the Water (Special Measures) Act 2025 is passed, the Secretary of State must lay a report on the undertakers’ implementation of the environmental duties in subsections (1) and (2) before Parliament. (4) Following the first report being published under subsection (3), a progress report on implementation must be included in the annual environment improvement plan, issued under section 8 of the Environment Act 2021. (5) The Secretary of State must by regulations make provision requiring an undertaker to achieve bespoke objectives for specific iconic and the most culturally and ecologically significant waterways, including, where appropriate, complete removal of sewage discharge from the undertaker’s infrastructure. (6) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (7) In this section— “protected landscapes” includes national parks, national landscapes and national trails; ”land” includes rivers, lakes, streams, estuarine and other waterways; ”High Ecological Status” means the classification of water bodies defined in Regulation 6 of The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.’” New clause 22 —Consultation on public ownership of water companies— “(1) The Secretary of State must within three months of this Act coming into force, publish a public consultation on making provision for the transfer of ownership of undertakers to public ownership. (2) The consultation must consider— (a) the process of transferring private water companies to public ownership; (b) the circumstances in which water companies will be transferred to public ownership; (c) the establishment of new public bodies to manage water services; (d) transition arrangements for employees, contracts, and ongoing operations; (e) governance structures for publicly-owned water services, including provisions for local democratic control and accountability. (3) The Secretary of State must, within twelve months of the passing of this Act, lay before both Houses of Parliament a report on this consultation.” New clause 23 —Special administration for breach of environmental and other obligations— “(1) Section 24 of the Water Industry Act 1991 (special administration orders made on special petitions) is amended as follows. (2) After subsection (2)(a), insert— ‘(aa) that there have been failures resulting in enforcement action from the Authority or the Environment Agency on three or more occasions to— (i) maintain efficient and economical water supply, (ii) improve mains for the flow of clean water, (iii) provide sewerage systems that are effectually drained, (iv) comply with the terms of its licence, or (v) abide by anti-pollution duties in the Environmental Protection Act 1990, Water Resources Act 1991, or the Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154);’ (3) After subsection (2), insert— ‘(2A) In support of an application made by virtue of subsection (1)(a) in relation to subsection (2)(aa), the Secretary of State must compile and present to the High Court records of— (a) water pipe leaks (b) sewage spilled into waterways, bathing waters, and private properties, and (c) falling below international standards of effective water management.’” This new clause aims to require the Secretary of State to place a water company into special administration arrangements if they breach certain environmental or other conditions. New clause 24 —Special administration: criminal convictions— “After subsection (2)(e) of section 24 of the Water Industry Act 1991 insert— ‘(f) that has been the recipient of two or more criminal convictions in the last five years.’” This new clause aims to exert pressure on companies to operate within the law by preventing water companies with numerous criminal convictions from remaining in business. New clause 25 —Companies to be placed in special measures for missing pollution targets— “In section 2 of the Water Industry Act 1991, after subsection (2D) insert— ‘(2DZA) For the purposes of ensuring that the functions of water and sewerage undertakers are properly carried out, the Authority must establish— (a) annual, and (b) rolling five-year average pollution targets which must be met by water and sewerage undertakers, and the penalties to be imposed for failure to meet such targets. (2DZB) The performance of a water or sewerage undertaker against such targets must be measured through independent analysis of monitoring data. (2DZC) A timetable produced under subsection (2DZA)(b) must require the following reductions in the duration of sewage spill events, using the annual total hours’ duration of all sewage spill events recorded by Event Duration Monitors, based on an average from the last five years, as a baseline— (a) a 25% reduction within five years; (b) a 60% reduction within ten years; (c) an 85% reduction within fifteen years; and (d) a 99% reduction within twenty years. (2DZD) A water or sewerage undertaker which fails to meet pollution targets set out by the Authority will be subject to such special measures as the Authority deems appropriate, which may include— (a) being required to work on improvement projects with or take instruction from the Authority, the relevant Government department, or such other bodies or authorities as the Authority deems appropriate; and (b) financial penalties.’” New clause 26 —Independent review: companies exiting a special administration regime— “(1) The Secretary of State must, within six months of the passing of this Act, either— (a) commission an independent review, or (b) take steps to extend the terms of reference of any existing independent review or commission, to consider the merits of changing the law to provide that a water company exiting a special administration regime becomes a company mutually owned by its customers. (2) A review under subsection (1) must consider— (a) the general merits of mutual ownership of water companies in such circumstances, and (b) what model of mutual ownership would be most suitable. (3) The Secretary of State must, as soon as practicable after receiving a report of a review under subsection (1), lay before both Houses of Parliament— (a) a copy of the report, and (b) a statement setting out the Secretary of State’s response to that report.” This new clause would require the Secretary of State to commission an independent review of the potential merits of changing the law so that a water company exiting a special administration regime becomes a company mutually owned by its customers. Amendment 23, in clause 1, page 1, line 11, at end insert— “(1A) The Authority must use its power under subsection (1) to issue rules which require— (a) the interests of customers, and (b) the environment, to be listed as primary objectives in a relevant undertaker’s Articles of Association.” Amendment 15, in clause 1, page 2, line 3, at end insert— “(d) requiring the management board of a relevant undertaker to include at least one representative of each of the following— (i) groups for the benefit and interests of consumers; (ii) groups for the benefit and interests of residents of the areas in which the undertaker is operational; (iii) experts in water and sewerage policy and management; and (iv) environmental interest groups.” Amendment 16, in clause 1, page 2, line 3, at end insert— “(d) preventing a relevant undertaker from employing any individual who has been employed by the Authority in the preceding three years.” Amendment 17, in clause 2, page 4, line 34, after “occurrence” insert “and impact”. Amendment 19, in clause 2, page 5, line 15, after “occurrence” insert “and impact”. Amendment 18, in clause 2, page 5, line 17, at end insert— “(ea) the use the undertaker plans to make of nature-based solutions for reducing the occurrence and impact of pollution incidents,”. Amendment 11, in clause 3, page 7, line 35, at end insert— “(e) the volume of the discharge.” Amendment 12, in clause 3, page 7, line 38, leave out “subsection (1)(d)” and insert “subsections (1)(d) and (e)”. Amendment 1, in clause 3, page 8, line 5, at end insert— “(c) be published on the home page of the undertaker’s website.” This amendment would ensure that information regarding a discharge from an emergency overflow must be published on the home page of the undertaker’s website. Amendment 13, in clause 3, page 8, line 5, at end insert— “(c) be uploaded and updated automatically, where possible; (d) be made available on the undertaker’s website alongside searchable and comparable historic data.” Amendment 14, in clause 3, page 8, line 5, at end insert— “(3A) The undertaker must ensure that, within 12 months of the passing of this Act, appropriate monitors are installed to collect the information required by subsection (1).” Amendment 22, in clause 3, page 8, line 27, leave out from start to “in” and insert “a Minister with specific responsibility for issues relating to the coast,”. Amendment 2, in clause 3, page 9, line 23, at end insert— “141H Failure to report discharge from emergency overflows (1) If a relevant undertaker fails to comply with its duties under section 141F— (a) the undertaker commits an offence, and (b) the chief executive of the undertaker commits an offence, subject to subsection (2). (2) It is a defence for the chief executive to prove that they took all reasonable steps to avoid the failure. (3) A person who commits an offence under this section is liable, on summary conviction or conviction on indictment, to imprisonment for a term not exceeding 5 years or an unlimited fine, or both.” This amendment would make it an offence for an undertaker to fail to comply with its duty to report discharges from emergency overflows. Amendment 3, in clause 3, page 9, line 23, at end insert— “141H Restriction on the use of emergency overflows in areas used for aquatic sports (1) A sewerage undertaker must not permit a discharge from an emergency overflow in an area used for aquatic sports. (2) In this section, an “area used for aquatic sports” is a section of any body of water connected to and within a one mile radius of— (a) the clubhouse of a rowing club affiliated with British Rowing, (b) a Royal Yacht association training centre or the clubhouse of an affiliate member, and (c) the properties or facilities used by any organisation that the Secretary of State deems to provides water-based sporting activities for the purpose of teaching, training or leisure. (3) If a relevant undertaker fails to comply with its duties under section (1)— (a) the undertaker commits an offence, and (b) the chief executive of the undertaker commits an offence, subject to subsection (4). (4) It is a defence for the chief executive to prove that they took all reasonable steps to avoid the failure (5) A person who commits an offence under this section is liable, on summary conviction or conviction on indictment, to imprisonment for a term not exceeding 5 years or an unlimited fine, or both.” This amendment creates an offence for a sewerage undertaker to use an emergency overflow in an area used for aquatic sports. Amendment 20, in clause 4, page 9, line 29, leave out “use that is to be made of” and insert “priority that is to be given to”. Amendment 21, in clause 9, page 13, line 40, leave out from “duties” to end of page 14, line 2. Government amendment 4. Amendment 9, in clause 12, page 15, line 34, leave out from “to” to “such” in line 36 and insert “recover from its creditors”. Amendment 26, in clause 12, page 15, line 39, at end insert— “(2A) The Secretary of State may not require or permit any modified charges to be imposed on persons who do not receive services from the company for the purposes of making good any SAO loss.” Amendment 10, in clause 13, page 18, line 13, leave out from “to” to “such” in line 15 and insert “recover from its creditors”. Amendment 27, in clause 13, page 18, line 18, at end insert— “(2A) The Secretary of State may not require or permit any modified charges to be imposed on persons who do not receive services from the company for the purposes of making good any SAO loss.” Amendment 24, in clause 15, page 21, line 4, leave out subsections (2) to (8) and insert— “(2) The provisions of this Act come into force on the day on which this Act is passed.” Government amendments 5, 6, 7 and 8.

• 28 Jan 2025 · Points of Order · Hansard source

  More

  I am grateful to the right hon. Member for giving notice of her point of order. The Government’s own “Guide to Making Legislation” makes it clear that a final impact assessment must be made available alongside Bills introduced to Parliament. I do not know why that has not happened in this case, but clearly it is unsatisfactory that the impact assessment is not available to the Public Bill Committee. I am sure that those on the Treasury Bench will have noted her remarks.

• 21 Jan 2025 · Business without Debate · Hansard source

  More

  With the leave of the House, I will put motions 5 to 7 together. Motion made, and Question put forthwith (Standing Order No. 118(6)), Companies That the draft Reporting on Payment Practices and Performance (Amendment) (No. 2) Regulations 2024, which were laid before this House on 7 October 2024, be approved. Agriculture That the draft Free-Range Egg Marketing Standards (Amendment) (England) Regulations 2024, which were laid before this House on 21 November 2024, be approved. Banks and Banking That the draft Silicon Valley Bank UK Limited Compensation Scheme Order 2024, which was laid before this House on 6 November 2024, be approved.— (Gerald Jones.) Question agreed to. House of Commons Members’ Fund Ordered, That Sir Marcus Jones and Craig Whittaker be removed as Trustees of the House of Commons Members’ Fund and Sharon Hodgson and Mike Wood be appointed as Trustees in pursuance of section 2 of the House of Commons Members’ Fund Act 2016. — (Lucy Powell.)

• 15 Jan 2025 · Non-Domestic Rating (Multipliers and Private Schools) Bill · Hansard source

  More

  With this it will be convenient to discuss the following: New clause 2— Review of impact of new multipliers— “(1) Within eighteen months of the day on which sections 1 to 4 of this Act are commenced, the Secretary of State must conduct a review of the impact of those sections. (2) The review must consider— (a) the impact of the introduction of the lower multiplier on qualifying retail, hospitality and leisure hereditaments, (b) the impact of the introduction of higher multipliers in relation to a hereditament for which the value is £500,000 or more. (3) The Secretary of State must, as soon as is reasonably practicable, publish the review and lay a copy of that review before Parliament. (4) As part of the review the Secretary of State must consult with such parties as they see fit including— (a) businesses, (b) the Valuation Office Agency; and (c) Billing Authorities.” This new clause would require the Secretary of State, within 18 months of sections 1 to 4 of the Act being commenced, to review and consult on the impact of new multipliers. New clause 3— Sections 1 to 4: impact assessment— “(1) The Secretary of State must, within six months of this Act being passed, conduct an assessment of the expected impact of sections 1 to 4 of this Act on relevant businesses. (2) The assessment must compare the amount of non-domestic rates expected to be paid by relevant businesses once sections 1 to 4 come into force with the amount paid in each financial year between 1 April 2020 and 31 March 2026. (3) The assessment must consider how the impact is expected to differ depending on the number of hereditaments a business occupies. (4) The Secretary of State must lay before Parliament a report setting out the findings of the assessment. (5) In this section, a “relevant business” is a business occupying a qualifying retail, hospitality or leisure hereditament.” This new clause would require the Secretary of State to examine the effect of the introduction of retail, hospitality and leisure multipliers on the amount of business rates paid by businesses occupying a single site compared with those occupying multiple sites. Amendment 9, in clause 1, page 2, line 5, at end insert— “(1A) Regulations under sub-paragraph (1)(a) must provide discretion for billing authorities with regard to the application of the higher multiplier.” Amendment 1, in clause 3, page 3, line 29, after “hospitality” insert “, manufacturing”. This amendment would add manufacturing businesses to the types of business that could qualify for use of the lower multiplier. Amendment 2, page 3, line 33, after “hospitality” insert “, manufacturing”. This amendment is consequential on Amendment 1. Amendment 3, page 4, line 9, after “hospitality” insert “, manufacturing”. This amendment is consequential on Amendment 1. Amendment 4, page 4, line 13, after “hospitality” insert “, manufacturing”. This amendment is consequential on Amendment 1. Amendment 5, page 4, line 31, after “hospitality” insert “, manufacturing”. This amendment is consequential on Amendment 1. Amendment 6, page 4, line 35, after “hospitality” insert “, manufacturing”. This amendment is consequential on Amendment 1. Amendment 7, in clause 5, page 5, line 37, leave out from ”persons” to end of line 38 and insert— “who have special educational needs. “(5A) In subsection (5) “special educational needs” has the same meaning as in section 20 (When a child or young person has special educational needs) of the Children and Families Act 2014.” This amendment would mean that a school that is wholly or mainly concerned with providing education to persons with special educational needs would not be a private school for the purposes of the Act, and as a result would retain charitable relief from non-domestic rates. Amendment 8, page 5, line 38, at end insert— “, or (b) has a religious character or other special character and there is no maintained school or academy of the same character within the specified distance from that school. (5A) In sub-paragraph (5)(b)— “religious character” has the meaning given under section 69 (Duty to secure provision of religious education) of the School Standards and Framework Act 1998, “other special character” has the meaning as defined by the Secretary of State by regulation, “specified distance” is the distance specified under section 445(5) (Offence: failure to secure regular attendance at school of registered pupil) of the Education Act 1996. (5B) Regulations under this section are to be made by statutory instrument. (5C) A statutory instrument containing regulations under this section may not be made unless a draft instrument has been laid before and approved by resolution of each House of Parliament.” This amendment would provide that charitable rate relief would continue to apply to a school with a religious or other special character, if no maintained school or academy with the same character was within the statutory walking distances (as set in the Education Act 1996) from that school. Amendment 10, in clause 6, page 6, line 22, leave out “2025” and insert “2026”.

• 7 Jan 2025 · Road Safety · Hansard source

  More

  As a rural Member of Parliament, I tend to share the hon. Lady’s dreams.

• 6 Jan 2025 · Flooding · Hansard source

  More

  I remind Members that it is protocol to reference Members of Parliament by their constituency, not by their name. I call the shadow Minister.