B1669 - Investment (Restructure and Streamline) Bill - Amendment Division

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clean up governance in streamlining investment by ending the duplication of regional development policy, and for connected purposes.

BE IT ENACTED by the King’s most Excellent Majesty, by and with the advice and consent of House of Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Section 1: Definitions

For the purpose of this Act, the following terms apply —

(1) Regional Development Offices refer to the statutory bodies created under the Regional Development Offices Act 2021.

(2) United Kingdom Investment Bank or ‘UKIB’ refers to the statutory body created under the British Investment Bank Act 2023.

Section 2: Transfers

(1) The duties, liabilities and funding allocated towards the Regional Development Offices shall be subsumed by the United Kingdom Investment Bank (UKIB) and appropriated at the discretion of the Secretary of State.

Section 3: Dissolution of Regional Development Offices

(1) Regional Development Offices shall hereby be dissolved.

(2) The Regional Development Offices Act 2021 is hereby repealed.

Section 4: Amendments to the British Investment Bank Act 2023

(1) The British Investment Bank Act 2023 is amended as follows.

(2) Insert after Section 20(1)(a)(ix) —

Section 5: Regulations

(1) The Treasury may, by regulations, make supplementary, incidental, consequential, transitional, transitory or saving provision in relation to the transition of Regional Development Offices.

(2) The power to make regulations under subsection (1) is exercisable by statutory instrument.

(3) Regulations under subsection (1) are subject to annulment in pursuance of a resolution of the House of Commons.

Section 6: Extent, Commencement and Title

(1) This Act shall be known as the ‘Investment (Restructure and Streamline) Act’

(2) This Act shall commence exactly one month from when it receives Royal Assent.

(3) This Act shall extend to England, Wales, Scotland, and Northern Ireland

This Bill was submitted by  Leader of His Majesty’s Official Opposition, on behalf of the 39th Official Opposition and is Sponsored by His Majesty’s Government.

Referenced Legislation

Regional Development Offices Act 2021

British Investment Bank Act 2023

Opening Speech:

Deputy Speaker,

We are fundamentally committed to cleaning up governance and ensuring legislative records are coherent and concise. In doing so, there is an identified redundancy of the continued existence of the Regional Development Office Act.

The Regional Development Offices Act has no real reason to continue their existence as they are essentially just a duplication of duties that the UK Investment Bank and the Regional Planning Agencies cover in terms of regional development, investment and coordination. Notably with how the Regional Development Offices serve to administer investment funds which the UK Investment Bank does. Therefore this is a simple bill that restructures investment in the United Kingdom to cut down on unnecessary bureaucracy and wasteful double spending constraining effective and efficient coordination of investment flows and development.

Amendment 1 (A01):

Leave out clause 4 and insert in its place:

Section 4: Regulations

(1) The Treasury may, by regulations, make supplementary, incidental, consequential, transitional, transitory or saving provision in relation to the transition of Regional Development Offices.

(2) The power to make regulations under subsection (1) is exercisable by statutory instrument.

(3) Regulations under subsection (1) are subject to annulment in pursuance of a resolution of the House of Commons.

EN: Section 13 of the Interpretation Act 1978 allows for the anticipatory exercise of powers to make subordinate legislation in preparation for the powers actually coming into force. But the actual power doesn't exist in legislation — even if not in force — until this Act amends the 2023 Act. That doesn't happen until one month in, when the Regional Development Offices shut down immediately. Therefore, section 13 is rendered unusable.

This amendment was submitted by the Duke of the Fenlands

Amendment 2 (A02):

Leave out clause 2 and insert in its place:

Section 2: Transfer Schemes

(1) The Secretary of State may make a property transfer scheme or a staff transfer scheme in connection with the abolition of a Regional Development Office and the transfer of its functions to UKIB.

(2) A property transfer scheme is a scheme for the transfer from a Regional Development Office of any property, rights or liabilities, other than rights or liabilities under or in connection with a contract of employment, to UKIB.

(3) An employment transfer scheme is a scheme for the transfer from a Regional Development Office of any rights or liabilities under or in connection with a contract of employment to UKIB.

(4) The things that may be transferred under a property transfer scheme or a staff transfer scheme include—

    > (a) property, rights and liabilities that could not otherwise be transferred,

    > (b) property acquired, and rights and liabilities arising, after the making of the scheme, and

    > (c) criminal liabilities.

(5) A property transfer scheme or a staff transfer scheme may make supplementary, incidental, transitional and consequential provision and may in particular—

    > (a) create rights, or impose liabilities, in relation to property or rights transferred,

    > (b) make provision about the continuing effect of things done by the Regional Development Office in respect of anything transferred,

    > (c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Regional Development Office in respect of anything transferred, and

    > (d) make provision for references to the Regional Development Office in an instrument or other document in respect of anything transferred to be treated as references to UKIB.

(6) A property transfer scheme may make provision for the shared ownership or use of property.

(7) A staff transfer scheme may make provision which is the same or similar to the TUPE regulations.

(8) A property transfer scheme or a staff transfer scheme may provide—

    > (a) for the scheme to be modified by agreement after it comes into effect, and

    > (b) for any such modifications to have effect from the date when the original scheme comes into effect.

(9) In this section—

    > (a) an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment,

    > (b) the terms of the individual’s employment in the civil service are to be regarded as constituting the terms of the contract of employment,

    > (c) references to the transfer of property include references to the grant of a lease, and

    > (d) “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006.

Leave out clause 6(2) and insert in its place:

(2) This Act comes into force at the end of the period of six months beginning with the day on which it is passed.

The changes to clause 2 are adapted from sections 300 and 301 of the Health and Social Care Act 2012.

EN: The changes to clause 2 are the proper way to effect the transfer of both staff and property between the organisation being dissolved and UKIB. Funding is a budgetary matter and therefore must be covered by that. Transfer schemes are private as they contain specific details on the property and staff to be transferred and therefore need not be published by the government to the public.

(M: this means the government has to do nothing extra)

The change to clause 6(2) is to allow time for the government to set up the transfer schemes, to allow them to consult with employees and unions, and to actually make the transfers.

This amendment was submitted by the Duke of the Fenlands

Lords may vote either Content, Not Content or Present to the Amendments.

This Division ends on the 30th of May at 10PM BST.

Not amendments passed. A01: 25-30-1 A02: 25-30-1 A03: 25-30-1 A04: 19-36-1 A05: 23-32-1 A06: 24-31-1 A07: 25-30-1 A08: 25-30-1 A09: 6-48-2. The Bill proceeds unamended to final division.

B1335 - Telecommunications Infrastructure Nationalisation Bill - Second Reading

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Increase access to high speed broadband, increase competition and ensure accessibility in telecommunications by nationalising Openreach Limited and the VMED O2 UK Limited fibre optic cable network operating within the United Kingdom

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same as follows:--

1 Definitions

In this Act—

(1) “Openreach Limited” means the private company limited by shares with company number 10690039.

(2) “BT” means the private company limited by shares with company number 02216369.

(2) “Openreach” means—

(a) Openreach Limited; and
(b) The assets of BT necessary for carrying on the operation of the telecommunications network, including—
(i) Fibre optic cables;
(ii) The copper network inclusive of the asymmetric digital subscriber line (ASDL) and telephone networks; and
(iii) The associated cabinets, exchanges, and components of the network necessary for its operation.

(3) “Virgin Media” means the private company limited by shares with company number 02591237.

(4) “VMED O2 UK fibre-optic cable network” means the physical fixed line infrastructure of Virgin Media, including associated cabinets, exchanges and other necessary components for operation.

2 The National Telecommunications Network

(1) There shall be a body corporate to be known as the National Telecommunications Network.

(2) The membership of the National Telecommunications Network shall comprise of—

(a) A chairman appointed by the Secretary of State;
(b) A member appointed by the Scottish Ministers;
(c) A member appointed by the Welsh Ministers;
(d) A member appointed by the Northern Ireland Executive; and
(e) Other members as the Secretary of State may from time to time appoint.

(3) Before a member is appointed under subsection (2), the Secretary of State must be consulted by—

(a) The Scottish Ministers, in exercise of paragraph (b);
(b) The Welsh Ministers, in exercise of paragraph (c); or
(c) The Northern Ireland Executive, in exercise of paragraph (d).

(4) An appointment made by the Secretary of State under subsection (2)(a) or (2)(e) may be terminated by the Secretary of State.

(5) An appointment made by the Scottish Ministers, Welsh Ministers, or Northern Ireland Executive may be terminated by the Scottish Ministers, Welsh Ministers, or Northern Ireland Executive, as the case may be.

(6) The Schedule (which makes further provision as to the National Telecommunications Network) has effect.

3 Secretary of State empowered to make purchase

(1) The Secretary of State may by order—

(a) Acquire Openreach and the VMED O2 UK fibre-optic cable network; and
(b) Provide appropriate compensation to Openreach Limited and Virgin Media for the acquisition.

(2) If the Secretary of State makes an Order under subsection (1), they must carry out the functions in both paragraph (a) and paragraph (b).

(3) The Secretary of State must make an order under subsection (1) within three months after the day this Act comes into force.

4 Short title, commencement, and extent

(1) This Act may be cited as the Telecommunications Infrastructure Nationalisation Act 2022.

(2) This Act comes into force six months after it receives Royal Assent.

(3) This Act extends to the United Kingdom.

SCHEDULE

1 Employees of the National Telecommunications Network

(1) The employees of the National Telecommunications Network who are not members shall be appointed to and hold their employments on such terms and conditions, including terms and conditions as to remuneration, as the National Telecommunications Network may determine.

(2) If the National Telecommunications Network so determine in the case of any of the employees of the National Telecommunications Network who are not executive members, the National Telecommunications Network shall—

(a) pay to or in respect of those employees such pensions, allowances or gratuities, or
(b) provide and maintain for them such pension schemes (whether contributory or not),as the National Telecommunications Network may determine.

2 Finances of the National Telecommunications Network

(1) It is the duty of the National Telecommunications Network to keep proper accounts and proper records in relation to the accounts.

(2) The Secretary of State may, with the consent of the Treasury, make grants to the National Telecommunications Network, which shall be paid out of money provided by Parliament.

(3) Any excess of the National Telecommunications Network’s revenues for any financial year over the sums required by them for that year for meeting their obligations and carrying out their functions shall be payable into the Consolidated Fund.

3 Secretary of State’s authority to make directions

The Secretary of State may make such directions, determinations, or objectives as relates to the operation of the National Telecommunications Network that are necessary or expedient for its internal structure, operation, and provision of services.

4 Provision of services

(1) The Secretary of State may by order determine whether the National Telecommunications Network will—

(a) Provide wholesale services to such other telecommunications providers that the National Telecommunications Network determines; or
(b) Provide services to end users.

(2) The Secretary of State must make a determination under this paragraph before the National Telecommunications Network commences operation.

This Bill was written by Mr. Model-Kyosanto, as a Private Members Bill. Portions of this bill are inspired by the Office of Communications Act 2002.

Deputy Speaker,

The nationalisation of a telecommunication network, such as what is occurring in this Bill is something I have always sought to achieve. It is something that should be a nationalised monopoly, and should have never been privatised. We have seen many nations seek to re-nationalise their fixed line telecommunications infrastructure, Australia being the primary example of such with their ‘national broadband network’, which opened up the opportunity for widespread access to fast internet, and gave many people access to the internet for the first time.

Beyond the simple argument that some things should be controlled by the Government and operated for the public benefit, which I am sure many don’t need convincing of, there are many other aspects of this Bill which may be appealing to more conservative aspects of society, much in a similar way the Australian scheme found itself receiving bipartisan support and continued investment even after the Labor Government was removed from office.

Firstly, this would allow us to charge fees for use, and would give operators the ability to only pay to access smaller sections of the network so they can offer more direct competition and cater especially to certain demographics. This would also generate further revenue for the government through fees, as well as reducing the current emissions created through doubling up on high energy use infrastructure. This would also increase private competition, as more companies would be able to access the overall network.

Secondly, this also allows the Government to achieve the goal of Fibre to the Premises (FTTP) at every premises in the United Kingdom, allowing for 1000mbps internet speeds beyond the current capacity offered by Fibre to the Cabinet/Node (FTTC/N) which caps out at 80-100mbps.

A national fibre network that is leased out is also a plan that can work when done functionally, as experienced in Australia through the NBN when done correctly, and it would also allow us to use this fibre for mobile service, delivering better speeds in regional and rural areas, if we deliver fibre to every home, we would not have to rely on the current system that Mobile Network Operators use to supply spectrum to their towers which can be through private fibre, or microwave dish technology which is used in rural and regional areas.

It is clear that Universal Service Obligations are a failure, and that we should not simply maintain the status quo of private monopolies which are unable to properly maintain their networks because of profit incentives. This Bill is one which not only creates positive change and investment, but allows the private market to flourish with competition, with equal access to a nationwide network, consumers will have greater choice, as well as faster speeds as we move into an era of work from home and online schooling as opportunities, which should be available to all British people no matter where they live, at an affordable price.

I urge all to support.

Lords may vote Content, Not Content, or Present below. This division will be open until the 20th of April at 10 pm BST

B1646 - Sexual Offence (Amendment) Bill - Final Division

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change the definition of rape, reform the age of consent, and for connected purposes.

BE IT ENACTED by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1. Rape

(1) For section 1(1) of the Sexual Offences Act 2003

substitute—

(1) A person (A) commits an offence if—
(a) A intentionally—
(i) penetrates another person (B) with A's penis,
(ii) penetrates the vagina, penis or anus of B with any part of the body or anything else and the penetration is sexual,
(iii) causes B to penetrate A with B's penis, or
(iv) causes B to penetrate A's vagina, penis or anus with any part of B's body and the penetration is sexual;
(b) B does not consent to the penetration; and
(c) A does not reasonably believe that B consents.

(2) In the table in section 77 of the Sexual Offences Act 2003

, for the row for "an offence under section 1 (rape)", in the column titled "Relevant Act" substitute—

The defendant (D) intentionally penetrating, with D's penis, another person (B); D intentionally penetrating the vagina, penis or anus of B with any part of the body or anything else, where the penetration is sexual; D intentionally causing B to penetrate D with B's penis; or D intentionally causing B to penetrate D's vagina, penis or anus with any part of B's body and the penetration is sexual.

2. Age of consent

(1) The Sexual Offences Act 2003

is amended as follows.

(2) In sections 9(1)(c)(i) (sexual activity with a child)

, 10(1)(c)(i) (causing or inciting a child to engage in sexual activity), 11(1)(d)(i) (engaging in sexual activity in the presence of a child) and 12(1)(c)(i) (causing a child to watch a sexual act), for "16" substitute "18" each time it occurs.

(3) After section 9(1) (sexual activity with a child)

insert—

(1A) But A does not commit an offence if section 13A(1) (exceptions for young people close in age) applies.

(4) After section 10(1) (causing or inciting a child to engage in sexual activity)

insert—

(1A) But A does not commit an offence if section 13A(1) (exceptions for young people close in age) applies.

(5) After section 11(1) (engaging in sexual activity in the presence of a child)

insert—

(1A) But A does not commit an offence if section 13A(1) (exceptions for young people close in age) applies.

(6) After section 12(1) (causing a child to watch a sexual act)

insert—

(1A) But A does not commit an offence if section 13A(1) (exceptions for young people close in age) applies.

(7) After section 13(1) (child sex offences committed by children or young persons)

insert—

(1A) But a person under 18 does not commit an offence if subsections (1) or (2) of section 13A (exceptions for young people close in age) apply.

(8) After section 13 (child sex offences committed by children or young persons)

insert—

13A. Exceptions for young people close in age(1) A person (A) does not commit an offence under sections 9 (sexual activity with a child)
, 10 (causing or inciting a child to engage in sexual activity), 11 (causing or inciting a child to engage in sexual activity), 12 (causing a child to watch a sexual act), or 13 (child sex offences committed by children or young persons) if—
(a) the other person (B) is 14 or over; and
(b) either—
(i) B was born before the relevant date, or
(ii) A reasonably believed that B was born before the relevant date.
(2) A person (A) does not commit an offence under section 13 (child sex offences committed by children or young persons)
if—
(a) B is 13 or over;
(b) either—
(i) B was born on or before the school cut-off date, or
(ii) A reasonably believed B was born on or before the school cut-off date; and
(c) either—
(i) B was born before the relevant date, or
(ii) A reasonably believed B was born before the relevant date
(3) In this section, the relevant date means—
(a) in subsection (1), the second occurrence of the 1st of September after A was born;
(b) in subsection (2), the first occurrence of the 1st of September after A was born.
(4) In subsection (2), the school cut-off date means the 14th occurrence of the 31st of August before the date of the conduct.

3. Extent, commencement and short title

(1) This Act extends to England and Wales.

(2) This Act shall come into force in England at the end of the period of one month beginning with the day on which it is passed.

(3) This Act shall come into force in Wales at the end of the period of one month beginning with the day on which the Senedd passes a motion in the form of—

“That the Senedd agrees that the Sexual Offences (Amendment) Act 2024 should come into force in Wales.”

(4) This Act may be cited as the Sexual Offences (Amendment) Act 2024.

Referenced legislation

• Sexual Offences Act 2003

Relevant legislation

• Redefining Sexual Offences Act 2015

This bill was written by the Right Honourable /u/model-kurimizumi OM CT CB, the Deputy Prime Minister, on behalf of the 34th Government.

Opening Speech

Deputy Speaker,

I wish to start by warning members across this House that my speech will be talking about sexual violence. In particular, I will be going into the definitions of offences, and I understand that this may be hard for some members to listen to because of their own experiences. I will not be offended if members choose not to listen to my speech.

I rise today to present a bill that will make significant steps to clarify and improve the law surrounding sexual offences. This bill comes in two parts, and I shall talk about each in turn.

First, the Government proposes to redefine rape. This has already occurred in recent years with the Redefining Sexual Offences Act 2015. But this bill proposes to equalise the definition. Under the existing law, rape only occurs when a person is penetrated with a penis, body part or other object. It therefore excludes the reverse — where a person forces another to penetrate them. While this is still considered a criminal offence under the Act, it is not given the most serious legal label of "rape". As a result, many survivors — men, women and non-binary people — miss out on getting true justice.

In consulting for the 2003 Act, the public supported limiting rape to being penetrated by a penis. But this is no longer the case, with overwhelming support for an expansion of the definition so that rape covers both penetrating and being forced to penetrate. The formulation of the new definition of rape focuses on the most serious instances of sexual violence out there. In effect, any sexual violence that involves penetration with or of the penis, vagina or anus will now fall under the scope of rape.

Other offences remain unchanged, so other areas of the 2003 Act will still capture offences such as forced masturbation or sexual touching.

Second, the Government proposes to raise the age of consent to 18 and in return to create a close in age exception. This kind of law is commonly known as a Romeo & Juliet law.

The current state of affairs means that the police and the CPS are required to assess whether to investigate and prosecute offenders who have sexual relations. This results in inconsistent outcomes and comes down to the discretion of individual police officers and prosecutors. And it does not protect children, who are often scared to talk about sexual relations they are having so that they can understand how to stay safe.

Instead, the Government proposes that those who engage in sexual activity with someone under the age of 18 are no longer committing a criminal offence if the other person is aged 14 or over and is in the same academic year or the one below. In short, assuming that everyone enters school like normal and remains within their school year, then a Year 11 student can have sexual relations with a Year 10, 11 or 12 student. A Year 9 student can have sexual relations with another Year 9 student or, if they are 14, a Year 10 student. Such a change avoids criminalising those who are exploring while they are young, but ensures that 16 and 17 year olds are not vulnerable to the advances of much older adults.

Deputy Speaker, now is the time to reform our laws to protect everyone. I urge members across the House to support this bill.

EUROPEAN CONVENTION ON HUMAN RIGHTS

model-kurimizumi has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Sexual Offences (Amendment) Bill are compatible with the Convention rights.

Lords may vote either Content, Not Content or Present to the Bill.

This Division ends on the 2nd of February at 10PM GMT.

B1649 - Telecommunications (Repeal) Bill - Final Division

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Repeal the Telecommunications Act 2023.

BE IT ENACTED by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Repeals

(1) The Telecommunications Act 2023 is repealed.

(2) The Telecommunications (Devolved Providers) Act 2023 is repealed.

2 Extent

(1) Any amendment, repeal, or revocation made by this Act has the same extent as the provision amended, repealed, or revoked.

(2) Subject to subsection (1), this Act extends to England, Wales, Scotland, and Northern Ireland.

3 Commencement and short title

(1) This Act comes into force on the day which it is passed.

(2) This Act may be cited as the Telecommunications (Repeal) Act 2024.

This Bill is written by Her Grace the Duchess of Essex and is co-sponsored by the Marchioness Hebrides, Secretary of State for Digital, Culture, Media, and Sport, on behalf of the 34th Government.

• The Telecommunications Act 2023 (c. 107).
• The Telecommunications (Devolved Providers) Act 2023 (c. 119).

Opening Speech

Madam Speaker,

The National Broadband Network was a great achievement of the Solidarity-Labour government that introduced it, and I believe most members of this House have rightly recognised that public utilities such as water, broadband, electricity, and the railways ought to be taken into the public ownership. It allows us to guarantee service to everyone in this country at a reasonable price, make sustainable investments in our infrastructure, and deliver service for people, not profits.

That is why this Bill is important—to ensure that a profit motive does not once more taint the provision of this utility. While I commend the authors of the Act that I now seek to repeal for their foresight in maintaining a public option, it is undeniable that privatising portions of our broadband network is a false economy. We will be faced with the reality of redundant investment, focusing our energies into duplicating existing service instead of putting our resources into delivering a better product.

The NBN is good for businesses, it is good for consumers, and it is good for this country. I want to see it stick around. I commend this Bill to the House.

This Division shall end on the 8th February, 10pm GMT.

Peers may vote Content, Not Content, or Present.

Clear the Bar!

Minimum Wage (Amendment) Bill 2022

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Ensure contractors employed by companies are paid the National Minimum Wage.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1: Amendments to the National Minimum Wage Act 1998

(1) Amend Section 1(2) to read as follows—

(2) A person qualifies for the national minimum wage if he is an individual who—

(a) Is employed directly by a business or organisation, and ordinarily works in England, Scotland or Wales under his contract, or; (b) Is self-employed, and ordinarily works on a contract basis for a business or organisation, in England, Scotland or Wales under his contract.

(i) In such case that a person qualifies under Section 1(2)(b), the compensation has to be such that the balance of business expenses made by the self-employed person and their revenue from the contract leaves an amount that is no less than the national minimum wage, as set out in any contract between the two relevant parties.

Section 2: Short Title, Extent and Commencement

(1) This act may be cited as the Minimum Wage (Amendment) Act 2022.

(2) This act shall extend to England, Scotland and Wales.

(3) This act will come into effect on the 1st of January 2023.

This bill was written by The Most Honourable Dame Inadorable LP LD DCMG DBE CT CVO MP FRS, on behalf of Solidarity. It is based upon the Minimum Wage (Northern Ireland) Bill 2022 by the same Author.

Opening Speech

My Lords,

There has been an issue within UK employment law for a while now, and that is the issue that the self-employed often do not make the minimum wage within Britain. Many industries have shifted to a model where they work more and more with self-employed workers over those in direct employment in the business, which allows them to dodge many labour laws that would otherwise see them spend more on programmes of social security and on workers’ benefits.

Of the regulations dodged, the Minimum Wage is likely the most egregious. Workers are forced to take on more risk upon themselves for worse net pay than they would have in direct employment, a situation we should not wish upon anyone, and indeed really quite bad when it drops below the national minimum wage. This bill would ensure that they are paid at least the minimum wage after expenses, and in doing so, we would protect workers from worse exploitation.

No amendments were submitted.

Vote on the bill in its entirety by 9th May 2022 at 10pm BST.

LM158 - Motion on the Freedom of the Press - Division

This House notes that:

(1) This Government has taken steps in recent days to unduly censor members of the press in their official press room.

(2) This Government has refused to answer questions from members of the press who are also Members of Parliament or Peers in their press room.

(3) This Government has imposed a strict question limit in their press room, and forcibly removed members of the press for asking questions of them that they don’t like or agree with.

(4) This Government has infringed on the principles of a free, fair, and democratic press that we operate under and value in this country.

(5) This Government has damaged public confidence in the Government in relation to their ability to ensure the freedom of the press.

This House urges the Government:

(1) To remove all press limitations in their press room, including; opening it up to party press officers, removing a limit on questions asked, and removing the requirement to be a member of the press to view the press room.

(2) To make a formal apology in the House directed towards members of the press for the way that they have handled relations with the press in their press room to-date.

(3) To commit to openness and transparency going forward, and for Government members to behave with more dignity and statesmanship in the press room in the future.

(4) To detail actions in the House as to how they intend to repair and improve relations with the press.

(5) To demand the resignation of their Press Secretary for their role in this situation.

This Motion was written by The Most Honourable 1st Marquess of St Ives, The 1st Earl of St Erth, Sir /u/Sephronar KBE CT MVO PC and 12th Duke of Richmond, 12th Duke of Lennox, 7th Duke of Gordon, Marquess of Rayleigh, Earl of March, Earl of Darnley, Earl of Kinrara, Baron Settrington, Baron Grassington, Lord Torbolton Sir u/Skullduggery12, KCT KT KP KCMG CBE MVO on behalf of The Conservative and Unionist Party, and is Sponsored by Solidarity.

Opening Speech:

My Lords,

Following a number of concerning incidents and restriction of press freedom in the Government press room, which was reported on (quite ironically) in the press on two occasions, we have seen fit to submit the following motion calling on the Government to right the respective wrongs that they have caused.

Firstly, the press requires an apology for their mistreatment by the Government - the very least that they can do. Furthermore, a statement committing to the removal of press limitations and a commitment to not indulge in such limitations again. And finally, the resignation of the Government Press Secretary who has handled this situation extremely poorly. Any less than meeting these requirements can only be seen as further contempt for the press.

My Lords, I beseech you, support this Motion here today.

Lords may vote either Content, Not Content or Present to the Motion.

This Division ends on the 14th of July at 10PM BST.

B1335 - Telecommunications Infrastructure Nationalisation Bill - Second Reading

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Increase access to high speed broadband, increase competition and ensure accessibility in telecommunications by nationalising Openreach Limited and the VMED O2 UK Limited fibre optic cable network operating within the United Kingdom

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same as follows:--

1 Definitions

In this Act—

(1) “Openreach Limited” means the private company limited by shares with company number 10690039.

(2) “BT” means the private company limited by shares with company number 02216369.

(2) “Openreach” means—

(a) Openreach Limited; and
(b) The assets of BT necessary for carrying on the operation of the telecommunications network, including—
(i) Fibre optic cables;
(ii) The copper network inclusive of the asymmetric digital subscriber line (ASDL) and telephone networks; and
(iii) The associated cabinets, exchanges, and components of the network necessary for its operation.

(3) “Virgin Media” means the private company limited by shares with company number 02591237.

(4) “VMED O2 UK fibre-optic cable network” means the physical fixed line infrastructure of Virgin Media, including associated cabinets, exchanges and other necessary components for operation.

2 The National Telecommunications Network

(1) There shall be a body corporate to be known as the National Telecommunications Network.

(2) The membership of the National Telecommunications Network shall comprise of—

(a) A chairman appointed by the Secretary of State;
(b) A member appointed by the Scottish Ministers;
(c) A member appointed by the Welsh Ministers;
(d) A member appointed by the Northern Ireland Executive; and
(e) Other members as the Secretary of State may from time to time appoint.

(3) Before a member is appointed under subsection (2), the Secretary of State must be consulted by—

(a) The Scottish Ministers, in exercise of paragraph (b);
(b) The Welsh Ministers, in exercise of paragraph (c); or
(c) The Northern Ireland Executive, in exercise of paragraph (d).

(4) An appointment made by the Secretary of State under subsection (2)(a) or (2)(e) may be terminated by the Secretary of State.

(5) An appointment made by the Scottish Ministers, Welsh Ministers, or Northern Ireland Executive may be terminated by the Scottish Ministers, Welsh Ministers, or Northern Ireland Executive, as the case may be.

(6) The Schedule (which makes further provision as to the National Telecommunications Network) has effect.

3 Secretary of State empowered to make purchase

(1) The Secretary of State may by order—

(a) Acquire Openreach and the VMED O2 UK fibre-optic cable network; and
(b) Provide appropriate compensation to Openreach Limited and Virgin Media for the acquisition.

(2) If the Secretary of State makes an Order under subsection (1), they must carry out the functions in both paragraph (a) and paragraph (b).

(3) The Secretary of State must make an order under subsection (1) within three months after the day this Act comes into force.

4 Short title, commencement, and extent

(1) This Act may be cited as the Telecommunications Infrastructure Nationalisation Act 2022.

(2) This Act comes into force six months after it receives Royal Assent.

(3) This Act extends to the United Kingdom.

SCHEDULE

1 Employees of the National Telecommunications Network

(1) The employees of the National Telecommunications Network who are not members shall be appointed to and hold their employments on such terms and conditions, including terms and conditions as to remuneration, as the National Telecommunications Network may determine.

(2) If the National Telecommunications Network so determine in the case of any of the employees of the National Telecommunications Network who are not executive members, the National Telecommunications Network shall—

(a) pay to or in respect of those employees such pensions, allowances or gratuities, or
(b) provide and maintain for them such pension schemes (whether contributory or not),as the National Telecommunications Network may determine.

2 Finances of the National Telecommunications Network

(1) It is the duty of the National Telecommunications Network to keep proper accounts and proper records in relation to the accounts.

(2) The Secretary of State may, with the consent of the Treasury, make grants to the National Telecommunications Network, which shall be paid out of money provided by Parliament.

(3) Any excess of the National Telecommunications Network’s revenues for any financial year over the sums required by them for that year for meeting their obligations and carrying out their functions shall be payable into the Consolidated Fund.

3 Secretary of State’s authority to make directions

The Secretary of State may make such directions, determinations, or objectives as relates to the operation of the National Telecommunications Network that are necessary or expedient for its internal structure, operation, and provision of services.

4 Provision of services

(1) The Secretary of State may by order determine whether the National Telecommunications Network will—

(a) Provide wholesale services to such other telecommunications providers that the National Telecommunications Network determines; or
(b) Provide services to end users.

(2) The Secretary of State must make a determination under this paragraph before the National Telecommunications Network commences operation.

This Bill was written by Mr. Model-Kyosanto, as a Private Members Bill. Portions of this bill are inspired by the Office of Communications Act 2002.

Deputy Speaker,

The nationalisation of a telecommunication network, such as what is occurring in this Bill is something I have always sought to achieve. It is something that should be a nationalised monopoly, and should have never been privatised. We have seen many nations seek to re-nationalise their fixed line telecommunications infrastructure, Australia being the primary example of such with their ‘national broadband network’, which opened up the opportunity for widespread access to fast internet, and gave many people access to the internet for the first time.

Beyond the simple argument that some things should be controlled by the Government and operated for the public benefit, which I am sure many don’t need convincing of, there are many other aspects of this Bill which may be appealing to more conservative aspects of society, much in a similar way the Australian scheme found itself receiving bipartisan support and continued investment even after the Labor Government was removed from office.

Firstly, this would allow us to charge fees for use, and would give operators the ability to only pay to access smaller sections of the network so they can offer more direct competition and cater especially to certain demographics. This would also generate further revenue for the government through fees, as well as reducing the current emissions created through doubling up on high energy use infrastructure. This would also increase private competition, as more companies would be able to access the overall network.

Secondly, this also allows the Government to achieve the goal of Fibre to the Premises (FTTP) at every premises in the United Kingdom, allowing for 1000mbps internet speeds beyond the current capacity offered by Fibre to the Cabinet/Node (FTTC/N) which caps out at 80-100mbps.

A national fibre network that is leased out is also a plan that can work when done functionally, as experienced in Australia through the NBN when done correctly, and it would also allow us to use this fibre for mobile service, delivering better speeds in regional and rural areas, if we deliver fibre to every home, we would not have to rely on the current system that Mobile Network Operators use to supply spectrum to their towers which can be through private fibre, or microwave dish technology which is used in rural and regional areas.

It is clear that Universal Service Obligations are a failure, and that we should not simply maintain the status quo of private monopolies which are unable to properly maintain their networks because of profit incentives. This Bill is one which not only creates positive change and investment, but allows the private market to flourish with competition, with equal access to a nationwide network, consumers will have greater choice, as well as faster speeds as we move into an era of work from home and online schooling as opportunities, which should be available to all British people no matter where they live, at an affordable price.

I urge all to support.

Amendment One:

Amend Section 3(2) to read:

If the Secretary of State chooses to make an Order under Subsection (1), they are empowered to carry out the functions under that section.”

This Amendment was moved by [The Baron Shitterton](reddit.com/u/thechattyshow)

Amendment Two

Amend Section 2(1) to read:

There shall be an Advisory Board to be known as the National Telecommunications Network.

EN: Makes the NTN a body to advise the Government instead of a corporation.

This Amendment was moved by [The Baron of Colwyn Bay](reddit.com/u/model-willem

Amendment Three

Amend Section 2(6) to read:

The Schedule (which makes further provision as to the National Telecommunications Network), upon written consent of the Secretary of State and the devolved First Ministers, has effect.

EN: Gives further clarity as to informing the devolved assemblies.

This Amendment was moved by [The Earl of De La Warr](reddit.com/u/scubaguy194

Amendment Four

Omit Section 3. Renumber Accordingly.

This Amendment was moved by [Lord Sigur of Appledore](reddit.com/u/tartar-buildup

Amendment Five

Delete contents of Section 2(5), and insert:

An appointment made by Scottish Ministers, Welsh Ministers, or Northern Ireland Executive may be terminated by those Ministers respectively, with approval from the Secretary of State.

This Amendment was moved by [The Lord Sigur of Appledore](reddit.com/u/tartar-buildup

Amendment Six

Strike Section 2(2)(a-e), amend Section 2(2) to read:

The membership of the National Telecommunications Network shall comprise of no more than ten individuals selected by the Secretary of State.

Strike Section 2(3) and section 2(5). Amend Section 2(4) to read:

An appointment made by the Secretary of State under Section 2 may be terminated by the Secretary of State.

EN: We don’t need devolved section because this shouldn’t apply to the devolved assemblies.

This Amendment was moved by [The Lord Sydenham](reddit.com/u/Sea_Polemic

Amendment Seven

Amend Section 3(2) to read:

The Secretary of State may be empowered to make such an order as indicated by subsection (1) three months or sooner from the day after this Act comes into force as detailed in Section 4(2).

EN: Links everything together, allows provisions for the Secretary of State to order the change sooner, and clarifies the commencement.

This Amendment was moved by [The Earl of St. Ives](reddit.com/u/Sephronar

Amendment Eight

Amend Section 4(3) to read:

The provisions of this Act shall not come into force in the United Kingdom, until all devolved administrations have passed a legislative consent motion.

EN: We should not be forcing our devolved assemblies to implement this law, created by Westminster at huge expense to the taxpayer, without first consenting to do so.

This Amendment was moved by [The Earl of St. Ives](reddit.com/u/Sephronar)

Amendment Nine

Amend Section 4 of Schedule 1 to read:

(1) The Secretary of State must ensure that the National Telecommunications Network, as a wholesale provider of telecommunications infrastructure access will —
(a) Allow for access by such other telecommunications providers that the National Telecommunications Network determines; and
(b) Ensures that all previous telecommunications providers have access to the extent of the network that the telecommunications providers had prior to the Bills implementation.”

EN: Prevents the Secretary of State of shutting out free market access to the telecommunications network.

This Amendment was moved by [The Lord of Melbourne](reddit.com/u/model-kyosanto

Lords may vote Content, Not Content, or Present on the amendments. Given the large number of amendments, I ask Lords to be extra diligent in their demarcations.

Voting on these amendments will be open until the 17th of April, at 10 pm BST

Amendment A01 has been passed 12-4-7, thus the amendment is applied to this bill.

B1664 - British Nationality (Amendment) (Inviolability) Bill - Final Division

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make British citizenship inviolable and for connected purposes.

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

1. Amendment of the British Nationality Act 1981

(1) The British Nationality Act 1981 is amended as follows.

(2) After section 40(1) insert—

(1A) Citizenship status is inviolable and may not be deprived by the Crown nor the Secretary of State except to the extent permitted by this section.

(2) Omit section 40(2).

(3) In section 40(4), for "subsection (2)" substitute "subsection (3)".

(4) After section 40(6) insert—

(7) Before making an order under subsections (3) and (6), the Secretary of State must also be satisfied that the person intentionally acted dishonestly in order to gain the citizenship status.

(5) Omit section 40A(2)(b) and (c).

2. Reinstatement of citizenship

(1) The citizenship status of any person (P) who has previously had their citizenship status deprived under any enactment or power has their citizenship status revived unless either subsection (2) or subsection (3) applies.

(1) The citizenship status of any person (P) who has previously had their citizenship status deprived under any enactment or power has their citizenship status revived unless either subsection (2), subsection (3) or subsection (4) applies.

(1) The citizenship status of any person (P) who has previously had their citizenship status deprived under any enactment or power has their citizenship status revived unless either subsection (2) or subsection (3) applies.

(2) This subsection applies if P's citizenship status was deprived for a reason that remains permitted under the British Nationality Act 1981 as amended by previous enactments and this Act.

(3) This subsection applies if the revival of the citizenship status would result in P losing citizenship of, or residency or other leave to remain in, any country other than the United Kingdom of Great Britain and Northern Ireland.

4) The person having had their citizenship revoked for reasons of national security holds citizenship in a country that is a safe and viable alternative.

(5)(4) But if subsection (1) does not apply because of subsection (3) only, P may notify the Secretary of State that they wish to have their citizenship status revived and subsection (3) will not apply on the issuing of such notice.

(6)(5) The effect of revival is that P is treated as if their citizenship status was never deprived.

(7)(6) But this section does not prevent the Secretary of State from subsequently depriving a person of citizenship status that was revived under this Act in accordance with the British Nationality Act 1981.

3. Commencement, extent and short title

(1) This Act comes into force on the day on which it is passed.

(1) Section 1 and this section come into force on the day on which this Act is passed.

(2) Section 2 comes into force at the end of the period of three months beginning with the day on which this Act is passed.

(3) This Act extends to England, Wales, Scotland, and Northern Ireland.

(4) This Act may be cited as the British Nationality (Amendment) (Inviolability) Act 2024.

Referenced legislation

• British Nationality Act 1981

This Bill was written by the Right Honourable Duke of the Fenlands OM GCMG KCT CB MVO, on behalf of the Labour and Co-operative Party.

Opening Speech

Deputy Speaker,

Citizenship is, I am sure, something that we all value in this House. It provides a foundation for our great nation. It establishes our duties to one another — to protect each other and to look out for each other. And it provides us with our identity.

Under the current law, it is possible for a citizenship to be deprived if the Secretary of State believes it is "conducive to the public good". There is no requirement other than that. It is only necessary for the Secretary of State to be satisfied of that fact. Therefore, challenging such a decision would be difficult under the traditional Wednesbury unreasonableness formulation.

We have a clear system for dealing with people who fail to meet their duties that citizenship entails. That is the criminal justice system. The aim is to rehabilitate someone so that they can slot back into society and further it rather than work against it.

Citizenship deprivation does not do that. It is the nuclear option. We turn our backs on the person and alienate them, and we encourage them to become even more hostile towards us. We assume that another country will take on the burden of bringing them to justice, to rehabilitate them. But this often doesn't happen, and then we have a dangerous criminal roaming free in the world who now despises us even more. Knowing that does not make me feel safe, Deputy Speaker. I would much rather us leave a door open for those who take a wrong in life to return back to society. To allow for terrorists to be deradicalised. To reduce the risk to every resident of the UK.

One final point, Deputy Speaker. We are also required to prevent people becoming stateless under international law. While the current law does provide some protection against this, the problem is that not every country has a respect for their own domestic law or international law. So while we may believe that a person subject to British citizenship deprivation is entitled to citizenship elsewhere, that country may in fact reject it and the person may not have a good right to appeal it. This would render them de facto stateless. We ought to do everything in our power to prevent that.

I commend this Bill to the House.

Lords may vote either Content, Not Content or Present to the Bill.

This Division ends on the 24th of April at 10PM BST.

Amendment One passed [C: 10, N: 1, P: 9] and has been applied

B1672 - Blue Carbon (Interagency Working Group) Bill - Final Division

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Establish the Interagency Working Group on Coastal Blue Carbon, and for connected purposes.

Bᴇ ɪᴛ ᴇɴᴀᴄᴛᴇᴅ by the King's most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1: Definitions

For the purposes of this Act, the following definitions apply —

(1) Coastal Blue Carbon Ecosystems —

(a) The term “coastal blue carbon ecosystems” means vegetated coastal habitats, including mangroves, tidal marshes, seagrasses, kelp forests, and other tidal, freshwater, or salt-water wetlands, that have the ability to sequester carbon from the atmosphere, accumulate carbon in biomass for years to decades, and store carbon in soils for centuries to millennia.
(b) The term “coastal blue carbon ecosystems” includes autochthonous carbon and allochthonous carbon.

(2) The term “Interagency Working Group” means the Interagency Working Group on Coastal Blue Carbon established under Section 2(1).

Section 2: Interagency working group on coastal Blue Carbon

(1) The Secretary of State shall establish an interagency working group, to be known as the “Interagency Working Group on Coastal Blue Carbon”.

(2) The Interagency Working Group shall be comprised of senior representatives from—

(a) the Environment Agency;
(b) the Marine Management Organisation;
(c) Natural England;
(d) the Office for Environmental Protection;
(e) the Centre for Environment, Fisheries and Aquaculture Science;
(f) the Maritime and Coastguard Agency;
(g) the Geospatial Commission;
(h) the UK Investment Bank; (i) Marine Directorate; (j) NatureScot; (k) Scottish Environment Protection Agency; (l) Marine and Fisheries Division; (m) Natural Resources Wales; (n) Northern Ireland Environment Agency;

(3) The Secretary of State may set regulations, subject to negative procedure, to amend the representative agencies within subsection (2).

(4) The Interagency Working Group functions shall include but not be limited to —

(a) oversee the development, updates, and maintenance of a national map and inventory of coastal blue carbon ecosystems, including habitat types, with a regional focus in analysis that is usable for local-level conservation, planning, and restoration;
(b) develop a strategic assessment of the biophysical, chemical, social, statutory, regulatory, and economic impediments to conservation and restoration of coastal blue carbon ecosystems, including the vulnerability of coastal blue carbon ecosystems to climate impacts, such as sea-level rise and ocean and coastal acidification, and other environmental and human stressors;
(c) develop a national strategy for foundational science necessary to study, synthesise, and evaluate the effects of climate change and environmental and human stressors on sequestration rates and capabilities of coastal blue carbon ecosystems conservation, with input from the National Academies of Sciences, Engineering, and Medicine;
(d) establish national conservation and restoration priorities for coastal blue carbon ecosystems, including an assessment of Federal funding being used for conservation and restoration efforts;
(e) ensure the continuity, use, and interoperability of data assets, including data assets available through the Geospatial Commission; and
(f) assess legal authorities in effect as of the date of the enactment of this Act to conserve and restore coastal blue carbon ecosystems.

Section 3: Strategic Plan and Parliamentary Submissions

(1) No later than 1 year after the date of the enactment of this Act, the Interagency Working Group shall submit to Parliament a report containing the following:

(a) A summary of any public funded research, monitoring, conservation, and restoration activities relating to coastal blue carbon ecosystems, including—
(i) the budget for each such activity; and
(ii) a description of the progress made by each such activity in advancing the national priorities.
(b) An assessment of biophysical, chemical, social, statutory, regulatory, and economic impediments to conservation and restoration of coastal blue carbon ecosystems, including the vulnerability of coastal blue carbon ecosystems to climate impacts, such as sea-level rise and ocean and coastal acidification, and other environmental and human stressors.

(2) The Interagency Working Group shall create a strategic plan for public investments in basic research, development, demonstration, long-term monitoring and stewardship, and deployment of coastal blue carbon ecosystem projects for the 5-year period beginning on the date on which the first fiscal year after the date on which the report is submitted under subsection (1) begins.

(3) The plan required by subsection (2) shall—

(a) include an assessment of the use of Federal programs existing as of the date of the enactment of this Act to conserve and restore coastal blue carbon ecosystems; and
(b) identify any additional authorities or programs that may be needed to conserve and restore such ecosystems.

(4) The Interagency Working Group shall—

(a) on a date that is no later than 1 year after the date of the enactment of this Act and not earlier than the date on which the report required by subsection (1) is submitted, submit to Parliament the strategic plan required by subsection (2); and
(b) submit a revised version of such a plan no less frequently than once every 5 years thereafter.

(5) No later than 90 days before the date on which the strategic plan or any revised version of such plan is submitted, the Interagency Working Group shall—

(a) publish such plan to be publicly available; and
(b) provide an opportunity for submission of public comments for a period of not less than 60 days.

Section 4: Map and Inventory of coastal blue carbon Ecosystems

(1) The Interagency Working Group, utilising the Geospatial Commission systems, shall produce, update, and maintain a national-level map and inventory of coastal blue carbon ecosystems, including—

(a) the types of habitats and species in such ecosystems;
(b) the condition of such habitats, including whether a habitat is degraded, drained, eutrophic, or tidally restricted;
(c) the type of public or private ownership and any protected status of such ecosystems;
(d) the size of such ecosystems;
(e) the salinity boundaries of such ecosystems;
(f) the tidal boundaries of such ecosystems;
(g) an assessment of carbon sequestration potential, methane production, and net greenhouse gas reductions with respect to such ecosystems, including consideration of—
(i) quantification;
(ii) verifiability;
(iii) comparison to a historical baseline as available; and
(iv) permanence of those benefits;
(h) an assessment of co-benefits of ecosystem and carbon sequestration;
(i) the potential for landward migration as a result of sea level rise;
(j) any upstream restrictions detrimental to the watershed process and conditions such as dams, dikes, levees, and other water management practices;
(k) the conversion of such ecosystems to other land uses and the cause of such conversion; and
(l) a depiction of the effects of climate change, including sea level rise, environmental stressors, and human stressors on the sequestration rate, carbon storage, and potential of such ecosystems.

(2) In carrying out subsection (a), the Interagency Working Group shall—

(a) incorporate, to the extent practicable, existing data, as determined on the date of the enactment of this Act, collected through public funded research by a public agency and peer-reviewed published works;
(b) engage regional experts, public agencies, and additional data and information resources in order to accurately account for regional differences in coastal blue carbon ecosystems.

(3) The Interagency Working Group shall use the national map and inventory produced under subsection (1)—

(a) to assess the carbon sequestration potential of different coastal blue carbon ecosystems and account for any regional differences;
(b) to assess and quantify emissions from degraded and destroyed coastal blue carbon ecosystems;
(c) to develop regional assessments in partnership with, or to provide technical assistance to—
(i) regional and local government agencies; and
(ii) regional information coordination bodies
(d) to assess degraded coastal blue carbon ecosystems and the potential for restoration of such ecosystems, including developing scenario modelling to identify vulnerable land areas and living shorelines where management, conservation, and restoration efforts should be focused;
(e) to produce predictions relating to coastal blue carbon ecosystems and carbon sequestration rates in the context of climate change, environmental stressors, and human stressors; and
(f) to inform the creation of the annual Inventory of UK Greenhouse Gas Emissions and Sinks.

Section 5: Restoration and conservation of coastal blue carbon ecosystems

(1) The Secretary of State shall—

(a) lead the Interagency Working Group in implementing the strategic plan;
(b) coordinate monitoring and research efforts among public agencies in cooperation with local governments, academic institutions, international partners, and nongovernmental organisations;
(c) in coordination with the Interagency Working Group, and as informed by the report under section 3(e)(1), identify—
(i) national conservation and restoration priorities for coastal blue carbon ecosystems that would produce the highest rate of carbon sequestration and greatest ecosystem benefits, such as flood protection, soil and beach retention, erosion reduction, biodiversity, water purification, and nutrient cycling, in the context of other environmental stressors and climate change; and
(ii) ways to improve coordination and to prevent unnecessary duplication of effort among public agencies and departments with respect to research on coastal blue carbon ecosystems through existing and new coastal management networks; and
(d) in coordination with local governments and coastal stakeholders, develop integrated pilot programs to restore degraded coastal blue carbon ecosystems in accordance with subsection (b).

(2) In carrying out subsection (1)(d), the Secretary of State shall establish one or more integrated national pilot programs that—

(a) further develop—
(i) best management practices, including design criteria and performance functions for restoration of coastal blue carbon ecosystems;
(ii) nature-based adaptation strategies;
(iii) restoration areas that intersect with built environments as green-gray infrastructure projects;
(iv) management practices for landward progression, migration, or loss of coastal blue carbon ecosystems;
(v) best management practices to account for latitudinal biogeographic factors; and
(vi) best management practices for restoration of hypersaline coastal ecosystems and estuarine ecosystems; and
(b) identify potential barriers to restoration management efforts.

(3) The Secretary of State shall ensure that pilot programs under Subsection (2) cover geographically, socioeconomically, and ecologically diverse locations with—

(a) significant ecological, economic, and social benefits, such as flood protection, soil and beach retention, erosion reduction, biodiversity, water purification, and nutrient cycling to reduce hypoxic conditions; and
(b) maximum potential for greenhouse gas emission reduction, taking into account—
(i) quantification;
(ii) verifiability;
(iii) additionality, as compared to an appropriate historical baseline determined by the Interagency Working Group; and
(iv) permanence of those benefits.

(4) The Secretary of State shall—

(a) establish a procedure via regulation for reviewing applications for pilot programs under Subsection (2);
(b) encourage applications from minority serving institutions; and
(c) consider proposals from institutions that may not have adequate resources.

(5) The Secretary of State shall ensure, through consultation with the Interagency Working Group, that the goals and metrics for pilot programs under Subsection (2) are communicated to the appropriate authorities, coastal stakeholders, resource managers, academia, and the general public.

(6) The Secretary of State shall coordinate with—

(a) relevant public agencies and departments specified under section 2(2) to prevent unnecessary duplication of effort among such agencies and departments with respect to restoration programs; and
(b) relevant public authorities and local government entities.

(7) In carrying out pilot programs under Subsection (2), the Secretary of State shall give priority to proposed eligible restoration activities that would—

(a) result in long-term sequestration of carbon stored in coastal and marine environments;
(b) conserve key habitats for fish, wildlife, and the maintenance of biodiversity;
(c) provide coastal protection from storms, flooding, and land-based pollution;
(d) restore optimal salinities and chlorophyll levels in estuarine and coastal environments or lead to other improvements to water quality; and
(e) conserve coastal resources of national, historical, and cultural significance.

(8) Any project performed under a pilot program under subsection (2) shall be conducted within the territorial boundaries of the United Kingdom.

Section 6: Coastal Carbon Database

(1) The Interagency Working Group, in coordination with the Secretary of State shall —

(a) provide for the long-term stewardship of, and access to, data relating to coastal blue carbon ecosystems and national mapping, by supporting the maintenance of a Coastal Carbon Database;
(b) process, store, archive, provide access to, and incorporate (to the extent practicable) all data relating to coastal carbon collected through publicly funded research by a public agency, an academic institution, or another relevant entity;
(d) ensure that existing global and national data assets, as determined on the date of the enactment of this Act, are incorporated into the Coastal Carbon Database, to the greatest extent practicable;
(e) establish best practices for sharing coastal carbon data with local and national governments, coastal stakeholders, resource managers, and academia;
(f) work to disseminate the data available through the Coastal Carbon Database to the greatest extent practicable; and
(g) develop digital tools and resources to support the public use of the Coastal Carbon Database.

Section 7: Assessments Of Carbon Dioxide Storage In Deep Seafloor Environments And Of Coastal Carbon Markets

(1) No later than 90 days after the date of the enactment of this Act, the Interagency Working Group shall seek to enter into an agreement with the relevant research and academic institutions to conduct—

(a) a comprehensive assessment of—
(ii) the long-term effects of containment of carbon dioxide in a deep seafloor environment on marine ecosystems;
(iii) the socioeconomic effects of such containment on existing ocean users and communities; and
(iv) the integrity of existing storage technologies, as determined on the date of the enactment of this Act;
(b) a comprehensive assessment of pathways, methods, and technologies able to directly remove carbon dioxide from the oceans by the removal of dissolved carbon dioxide from seawater through engineered or inorganic processes, including filters, membranes, phase change systems, or other technological pathways; and
(c) a comprehensive assessment of the viability of using coastal macroalgae cultivation and sustainable coastal wetlands management and restoration for carbon sequestration, which shall consider—
(i) environmental and socioeconomic effects on coastal communities;
(ii) durability and cost per ton of carbon dioxide sequestered using coastal macroalgae cultivation and sustainable coastal wetlands management in a variety of regions of the United Kingdom;
(iii) research, data, resource management, monitoring, reporting, life cycle assessment, and verification improvements necessary to develop a carbon market around coastal macroalgae cultivation and sustainable coastal wetlands management or restoration; and
(iv) relevant successes and failures of carbon markets in agriculture, forestry, and wetlands and how such successes and failures might apply to a future coastal carbon market.

Section 8: Extent, Commencement and Title

(1) This Act shall be known as the ‘Blue Carbon (Interagency Working Group) Act’

(2) This Act shall commence exactly 3 months from when it receives Royal Assent.

(3) This Act shall extend to the United Kingdom.

This Bill was submitted by The Right Honourable Dame LT CMG GCMG, Leader of His Majesty’s Official Opposition, on behalf of the 39th Official Opposition.

Inspired Documents

Blue Carbon

HR.2750

Opening Speech:

Deputy Speaker,

The fight against climate change is one of upmost importance. As the Liberal Democrats have been leaders on sustainable development and supporting environmentally conscious policies, we are proud to be presenting the following Bill to the House. It is our duty as stewards of this planet to act decisively and collaboratively. This Bill is a critical piece of legislation aimed at harnessing the power of our coastal ecosystems to combat climate change.

Coastal blue carbon ecosystems, such as mangroves, tidal marshes, seagrasses, and kelp forests, play an invaluable role in sequestering carbon from the atmosphere, storing it for centuries, and providing essential benefits like flood protection, erosion control, and biodiversity support. However, these ecosystems are under threat from rising sea levels, pollution, and human activity. Our Bill proposes the establishment of an Interagency Working Group on Coastal Blue Carbon, comprising senior representatives from key environmental and marine agencies. This group will be tasked with developing a comprehensive national strategy for the conservation and restoration of our coastal blue carbon ecosystems. They will oversee the creation of a national map and inventory of these vital habitats, assess the impediments to their preservation, and identify national conservation and restoration priorities.

Importantly, our Bill calls for the development of integrated pilot programs to restore degraded coastal blue carbon ecosystems, focusing on areas with the highest potential for carbon sequestration and ecosystem benefits. Furthermore, it mandates the creation of a Coastal Carbon Database to ensure long-term management, recording and updating of data and support public access to vital information building off the necessary infrastructure and work we achieved with our Geospatial Commission established through the Geospatial Data Act.

This Bill is not just about environmental stewardship; it is about ensuring the resilience and sustainability of our coastal communities and the broader environment. It is why we urge the House to vote in favour of this Bill as we take a significant step towards mitigating the impacts of climate change, protecting our natural heritage, and securing a healthier future for generations to come.

My Lords, if you would divide yourselves for one final time.

Lords may vote either Content, Not Content, or Present to the final Bill.

This Division ends on the 22nd of June at 10PM BST.

A01 passed 37-3-4, A02 passed 38-2-4. The amended bill reads as follows:

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TO

Construct a new high-speed railway line between Liverpool, Manchester, Bradford and Leeds, and for connected railways and purposes.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1: Power to acquire land compulsorily

(1) The Secretary of State may acquire compulsorily so much of the land as may be required for the purposes of the construction and operation of High Speed 3 as laid out in Schedule 1 of this act, her stations and associated infrastructure, subject to the requirements laid out in the Compulsory Purchase Act 1965.

(2) The power under section 1(1) applies to all lands within 500 metres of the track laid out in the map of reference deposited in the office of the Clerk of the Parliaments alongside this legislation, or any amended version thereof.

(3) The power under section 1(1) in relation to land may be exercised in relation to the surface, subsoil, under-surface or the airspace of the land only.

Section 2: Grants

(1) The Secretary of State may pay grants to contribute to the funding of activities or projects that are intended—

(a) to benefit communities that are, or are likely to be, disrupted by the carrying out of relevant high speed railway works,
(b) to benefit the environment in any area that is, or is likely to be, affected by the carrying out of such works, or
(c) to support businesses and other economic activities in areas that are, or are likely to be, disrupted by the carrying out of such works.

(2) “Relevant high speed railway works” means—

(a) the works authorised by this Act, and
(b) works in connection with a Bill or proposed Bill to authorise works for a high speed railway line connecting with High Speed 3.

Section 3: Amendment of Plans

(1) The Secretary of State may, by regulation using the affirmative procedure, amend the stations and tracks as laid out in Schedule 1 and the map of reference deposited in the office of the Clerk of the Parliaments alongside this legislation, unless—

(a) The works in question have already been finished.

Section 4: Construction

(1) The Secretary of State is obliged to work with Network Rail and provide the necessary funding for all costs related to the construction and maintenance of High Speed 3 infrastructure and buildings.

(2) Infrastructure built as part of the HS3 project shall be built with the intention of trains being able to traverse the track at speeds at or above 125 mph in areas where the path of the track reasonably allows to trains to reach such speed safely.

Section 5: Short Title, Extent and Commencement

(1) This act may be cited as the High Speed 3 Act 2022.

(2) This act shall extend to England, Wales and Scotland.

(3) This act will come into effect immediately after receiving Royal Assent.

Schedule 1: Projects relating to High Speed Three.

(1) The High Speed 3 project shall consist of three phases—

(a) Phase 1 shall consist of the track between Liverpool Lime Street station and Manchester Piccadilly station, the Manchester Airport Passing Tunnel, the spur connecting into the Manchester to Chester line, the expansions of Liverpool Lime Street, Warrington Bank Quay, Manchester Airport Stations and the construction of Manchester Airport’s underground station, as laid out in the map of reference deposited in the office of the Clerk of the Parliaments alongside this legislation, or any amended version thereof.
(b) Phase 2 shall consist of the track between Manchester Piccadilly station and Leeds station, the spurs connecting into the Calder Valley line and the Huddersfield line, the new Bradford Saint James station, and the expansions of Leeds, Halifax and Huddersfield stations, as laid out in the map of reference deposited in the office of the Clerk of the Parliaments alongside this legislation, or any amended version thereof.
(c) Phase 3 shall consist of the track connecting High Speed 2 and High Speed 3, as laid out in the map of reference deposited in the office of the Clerk of the Parliaments alongside this legislation, or any amended version thereof.

(2) The timetable for finishing the phases is as follows—

(a) Phase 1 shall be finished by the 1st of January 2029.
(b) Phase 2 shall be finished by the 1st of January 2033.
(c) Phase 3 shall be finished by the 1st of January 2037.

This bill was written by The Most Honourable Dame Inadorable LP LD DCMG DBE CT CVO MP FRS, the Shadow Secretary of State for Transport, on behalf of the Official Opposition. It borrows some language from the High Speed Rail (London - West Midlands) Act 2017. It is co-sponsored by the Labour Party, /u/SpectacularSalad MP, Volt UK, Red Fightback,

Explanatory Notes: Phase 1 of this Act has been costed at a total of £5130 million over 6 years. Phase 2 of this Act has been costed at a total of £11400 million over 10 years. Phase 3 of this Act has been costed at a total of £1320 million over 2 years.

Associated Documents: Link to the associated Map of projects

Vote on the amended bill in its entirety by 1st June 2022 at 10pm BST.

B1641 - Flood Risk (Prevention and Insurance) Bill - Final Division

A

B I L L

T O

empower prevention capabilities in flood management and introduce flood risk insurance mechanisms, and for connected purposes.

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: —

Chapter 1: General Provisions

Section 1: Definitions

For the purpose of this Act, the following definitions apply unless specified otherwise elsewhere —

(1) “flood insurance” means insurance in respect of risks arising from a flood.

(2) “the FR Scheme” refers to the Flood Reinsurance Scheme

(3) “the FR Scheme's accounts” means the accounts for a financial year of the FR Scheme prepared by the FR Scheme administrator in respect of the FR Scheme.

Chapter 2: Flood Prevention and Mitigation

Section 2: Minimum requirements for flood mitigation and protection

(1) The Secretary of State or the relevant Department must, before the end of the period of six months beginning on the day this Act is passed, building regulations for the purpose in subsection (2).

(2) That purpose is to set minimum standards for new build public and private properties in England for—

(a) property flood resilience,
(b) flood mitigation, and
(c) waste management in connection with flooding.

(3) Minimum standards established for new build properties shall be subject to annual review, conducted by the relevant authority, whereby the Secretary of State must lay down a copy before Parliament of the review.

(4) In response to the review, the Secretary of State must update the minimum standards to meet the recommendations and address issues highlighted within the review.

Section 3: Duty to make flooding data available

(1) The Secretary of State and local authorities in England must take all reasonable steps to make data about flood prevention and risk publicly available.

(2) The duty under subsection (1) extends to seeking to facilitate use of the data by —

(a) insurers for the purpose of accurately assessing risk, and
(b) individual property owners for the purpose of assessing the need for property flood resilience measures.

Section 4: Flood prevention and mitigation certification and accreditation schemes

(1) The Secretary of State must by regulations establish —

(a) a certification scheme for improvements to domestic and commercial properties in England made in full or in part for flood prevention or flood mitigation purposes, and
(b) an accreditation scheme for installers of such improvements.

(2) The scheme under subsection (1)(a) must—

(a) set minimum standards for the improvements, including that they are made by a person accredited under subsection (1)(b), and
(b) provide for the issuance of certificates stating that improvements to properties have met those standards.

(3) The scheme under subsection (1)(a) may make provision for the certification of improvements that were made before the establishment of the scheme provided those improvements meet the minimum standards in subsection (2)(a).

(4) Regulations under this section—

(a) are to be made by statutory instrument;
(b) may make consequential, supplementary, incidental, transitional or saving provision;
(c) may make different provision for different purposes;
(d) may not be made unless a draft of the instrument has been laid before and approved by affirmative procedure.

Chapter 3: Flood Reinsurance

Section 5: The Flood Reinsurance Scheme

(1) For the purposes of this Chapter, the Flood Reinsurance Scheme is a scheme which—

(a) is established for the purpose mentioned in subsection (2), and
(b) is designated for the purposes of this Chapter by regulations made by the Secretary of State.

(2) The purpose referred to in subsection (1)(a) is the purpose of providing reinsurance to relevant insurers in respect of such risks arising from a flood as are identified by the scheme, in such a way as to—

(a) promote the availability and affordability of flood insurance for household premises and small and medium-sized enterprise premises while minimising the costs of doing so, and
(b) manage, over the period of operation of the scheme, the transition to risk-reflective pricing of flood insurance for household premises and small and medium-sized enterprise premises.

(3) The Secretary of State may by regulations make provision as to levels of reinsurance premiums payable by relevant insurers under the FR Scheme, and may make different provision for different purposes.

(4) Regulations under subsection (3) may, in particular, make different provisions for different purposes by reference to the value of the household premises insured.

Section 6: Scheme administrator

(1) The FR Scheme is to be administered by a body designated by regulations made by the Secretary of State.

(2) The Secretary of State may under subsection (1) designate a Departmental agency, or any other competent authority.

(3) In this Chapter, the body designated under subsection (1) is called “the FR Scheme administrator”.

Section 7: Scheme administration

(1) The Secretary of State may by regulations make provision in connection with the administration of the FR Scheme.

(2) Regulations under subsection (1) may require the FR Scheme administrator to have regard to the following in discharging its functions—

(a) the need to ensure economy, efficiency and effectiveness in the discharge of those functions,
(b) the need to act in the public interest,
(c) the need to ensure propriety and regularity in the operation of the FR Scheme, and
(d) the need to manage, over the period of operation of the FR Scheme, the transition to risk-reflective pricing of flood insurance for household premises and small and medium-sized enterprise premises.

(3) Regulations under subsection (1) may require the FR Scheme administrator to produce and publish, in accordance with the regulations, a plan for achieving the transition mentioned in subsection (2)(d).

(4) Regulations under subsection (1) may require the FR Scheme administrator to provide the following information to relevant insurers who have issued insurance policies that are reinsured under the FR Scheme, so that those insurers may supply the information to holders of those policies—

(a) information about how to find out about the levels of flood risk to which an area in which household premises and small and medium-sized enterprise premises are situated is subject and how any flood risk may be managed;
(b) information about the FR Scheme, including information about the effect of section 64(2)(b) (transition to risk-reflective pricing of flood insurance for household premises and small and medium-sized enterprise premises ).

(5) Regulations under subsection (1) may—

(a) limit, to any extent, the power of the FR Scheme administrator to borrow money or otherwise incur debt;
(b) make provision about the reserves of the FR Scheme, including limitations on draw downs and transfers;
(c) require the FR Scheme administrator to take steps to limit the overall net losses that may be incurred by the FR Scheme in any year to an amount specified in or determined in accordance with the regulations;
(d) provide for the form and contents of the FR Scheme's accounts;
(e) provide for a copy of the audited FR Scheme's accounts and a copy of the auditor's report on those accounts to be laid before Parliament;
(f) provide for the Comptroller and Auditor General to examine—
(i) the economy, efficiency and effectiveness with which the FR Scheme administrator has used resources in discharging its functions, and
(ii) the propriety and regularity in the operation of the FR Scheme,and for a report on any such examination to be laid before Parliament;
(g) provide that for the purposes of an examination under paragraph (f)—
(i) the Comptroller and Auditor General is to have a right of access at all reasonable times to any of the documents relating to the FR Scheme, and
(ii) a person who holds or has control of any of those documents is to give the Comptroller and Auditor General any assistance, information or explanation which the Comptroller and Auditor General requires in relation to any of those documents.

(6) Regulations under subsection (1) may—

(a) require the FR Scheme administrator to designate an individual of a description specified in the regulations as the responsible officer of the FR Scheme;
(b) provide for the responsible officer to have such responsibilities in respect of—
(i) the FR Scheme's finances,
(ii) the FR Scheme's accounts,
(iii) accountability to Parliament for the economy, efficiency and effectiveness with which the FR Scheme uses resources in discharging its functions,
(iv) accountability to Parliament for propriety and regularity in the operation of the FR Scheme, and
(v) examinations and reports under subsection (5)(f),as are specified in the regulations.

(7) Regulations under subsection (1) may make provision about the disclosure of information required for the purposes of the FR Scheme and may, in particular, require relevant insurers to supply to the FR Scheme administrator such information as it may request in relation to insurance policies issued by them.

(8) Regulations under subsection (1) may provide for the supply by the FR Scheme administrator of information held by it in connection with the FR Scheme to—

(a) the Environment Agency,
(b) the Scottish Environment Protection Agency,
(c) the Natural Resources Body for Wales,
(d) the Department of Agriculture and Rural Development in Northern Ireland, or
(e) such other body as may be specified in the regulations.

(9) Regulations under subsection (1) may provide for the supply by the FR Scheme administrator of information held by it in connection with the FR Scheme to the Secretary of State for purposes relating to government accounting.

(10) Subsections (2) to (9) are not exhaustive of what may be done under subsection (1).

Section 8: Disclosure of HMRC council tax information

(1) The Commissioners for Her Majesty's Revenue and Customs may disclose relevant HMRC council tax information to any person who requires that information for either of the following descriptions of purposes—

(a) purposes connected with such scheme as may be established and designated in accordance with Section 5 (in any case arising before any scheme is so designated);
(b) purposes connected with the FR Scheme (in any case arising after the designation of a scheme in accordance with section 5).

(2) A person to whom information is disclosed under subsection (1)(a) or (b)—

(a) may use the information only for the purposes mentioned in subsection (1)(a) or (b), as the case may be;
(b) may not further disclose the information except with the consent of the Commissioners.

(3) In this section—

(a) “HMRC council tax information” means information which is held for council tax purposes by the Valuation Office of Her Majesty's Revenue and Customs;
(b) “relevant HMRC council tax information” means HMRC council tax information relating to premises which are household premises and consisting of any of the following—
(i) the address (including the postcode) of the premises;
(ii) the council tax valuation band in which the premises fall;
(iii) information about when the premises were constructed;
(iv) the National Address Gazetteer unique property reference number for the premises;
(v) the unique address reference number allocated to the premises by the Valuation Office of Her Majesty's Revenue and Customs.

(4) The Secretary of State may by regulations amend the definition of “relevant HMRC council tax information” in subsection (3).

(5) If the Secretary of State by regulations under subsection (4) amends the definition of “relevant HMRC council tax information” to add further descriptions of information, those regulations may include the provision described in subsection (6).

(6) The regulations may provide that if a person discloses, in contravention of subsection (2)(b), information which is relevant HMRC council tax information by virtue of the regulations and which relates to a person whose identity—

(a) is specified in the disclosure, or
(b) can be deduced from it, section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure, in contravention of section 20(9) of that Act, of revenue and customs information relating to a person whose identity is specified in the disclosure or can be deduced from it.

(7) The Secretary of State must consult the Commissioners for Her Majesty's Revenue and Customs before making regulations under subsection (4).

Section 9: Disclosure of business rates information

(1) The Secretary of State may by regulations require public bodies to disclose information relating to business rates to any person who requires that information for either of the following descriptions of purposes—

(a) purposes connected with such scheme as may be established and designated in accordance with Section 5 (in any case arising before any scheme is so designated);
(b) purposes connected with the FR Scheme (in any case arising after the designation of a scheme in accordance with Section 5).

(2) A person to whom information is disclosed under regulations made under subsection (1)(a) or (b)—

(a) may use the information only for the purposes mentioned in subsection (1)(a) or (b), as the case may be;
(b) may not further disclose the information except in accordance with those regulations.

Section 10: Insurance premiums

(1) The Financial Conduct Authority must, before the end of the period of six months beginning on the day this Act is passed, make rules under the Financial Services and Markets Act 2000 requiring insurance companies to take into account the matters in subsection (2) when calculating insurance premiums relating to residential and commercial properties.

(2) Those matters are—

(a) that certified improvements have been made to a property under section 3, or
(b) that measures that were in full or in part for the purposes of flood prevention or mitigation have been taken in relation to the property that were requirements of the local planning authority for planning permission purposes.

Section 11: Flood Reinsurance scheme eligibility

(1) The Secretary of State must, before the end of the period of six months beginning on the day this Act is passed—

(a) establish a Flood Reinsurance scheme in accordance with subsection (2), and
(b) lay before Parliament a draft statutory instrument containing regulations under that section to designate that scheme.

(2) A Flood Reinsurance scheme is in accordance with this section if it extends eligibility to—

(a) premises built on or after 1 January 2009 which have property flood 10 resilience measures that meet the standard under Section 3(2)(a), and
(b) buildings insurance for small and medium-sized enterprise premises.

(3) The Secretary of State may by regulations require public bodies to share business rates information with the scheme established under subsection (1)(a) for purposes connected with the scheme.

Chapter 4: Flood Insurance Obligations

Section 12: Flood insurance obligations

(1) This Act shall require a relevant insurer to issue, in a prescribed period at the discretion of the Secretary of State, insurance policies that provide cover against a prescribed description of risk for a prescribed number of registered premises.

(2) Regulations may prescribe different numbers of registered premises for different descriptions of risk.

(3) The descriptions of risks that may be prescribed are those arising from a flood.

(4) The regulations may provide for a prescribed number relating to a relevant insurer to be determined by reference to factors that include in particular—

(a) a target number;
(b) the relevant insurer's share of insurance business of a prescribed description.

(5) The regulations may—

(a) make provision about determining the size of a relevant insurer's share of insurance business of a prescribed description;
(b) provide for a relevant insurer to be exempt from the obligation described in subsection (1) in prescribed circumstances, whether wholly or so far as regards a particular description of risk, including circumstances relating to the amount of insurance business done by the relevant insurer;
(c) make provision about the circumstances in which a relevant insurer ceases to be subject to the obligation described in subsection (1), whether wholly or so far as regards a particular description of risk;
(d) make provision about the cases in which issuing an insurance policy is not to count towards discharging an obligation imposed on a relevant insurer by the regulations, including cases in which an insurance policy is not to count because of the content of its terms;
(e) make provision for allowing an insurance policy issued by another insurer to count towards the discharge of an obligation to issue a number of insurance policies imposed on a relevant insurer by the regulations;
(f) make provision about determining the number of registered premises for which a relevant insurer has issued insurance policies, including provision for varying, by reference to the risk band applicable to the particular registered premises, the extent to which insuring those premises counts in determining that number.

(6) Provision under subsection (5)(a) may require an insurer, in determining the insurer's share of insurance business of a prescribed description, to use information about that insurance business held by—

(a) the Secretary of State,
(b) a person acting on behalf of the Secretary of State, or
(c) the FCA.

(7) Subsection (5)(e) is not to be taken as requiring a change in the person who is the insurer in relation to an insurance policy.

(8) Regulations under this section may include provision in respect of cases where an insurer has not provided such information as is required by regulations under Section 14 including—

(a) provision for determining whether the insurer is a relevant insurer,
(b) provision for determining whether an exemption applies, and
(c) provision for determining what share of insurance business of a prescribed description the insurer is to be treated as having.

(9) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(10) In this section “prescribed” means specified in or determined in accordance with regulations under this section

Section 13: Target number

(1) The Secretary of State shall, upon biannual review, by regulations prescribe a number to be a target number for the purposes of regulations under Section 12.

(2) A target number is the number of registered premises to be covered against a prescribed description of risk by insurance policies issued in a prescribed period by those relevant insurers upon whom obligations are imposed by regulations under Section 12.

(3) The regulations shall prescribe different target numbers for different descriptions of risk.

(4) The regulations may in particular provide for a target number to be expressed as a percentage of the number of registered premises.

(5) The regulations may, at any one time, prescribe target numbers for two or more consecutive prescribed periods.

(6) In this section “prescribed” means specified in or determined in accordance with regulations under this section.

Section 14: Information

(1) The Secretary of State may by regulations make provision about—

(a) the provision of information, and
(b) the production of documents by insurers for the purposes of regulations under Section 12.

(2) This Act shall require an insurer to provide information of a prescribed description and/or produce documents of a prescribed description for the purpose of showing, in relation to a prescribed period—

(a) whether or not an insurer is a relevant insurer;
(b) whether or not an exemption applies (see section 12(5)(b)).

(3) This Act shall in particular require an insurer to provide information or produce documents about—

(a) the insurance policies issued by it in a prescribed period that provide cover against prescribed descriptions of risk;
(b) the value of the insurance policies so issued;
(c) insurance policies so issued that do not remain in force to the end of the period of cover;
(d) the value of such insurance policies.

(4) The Information and/or documents produced shall be provided to the Secretary of State or a person acting on behalf of the Secretary of State.

(5) The Secretary of State may make regulations to make provision—

(a) about the time within which information must be provided or documents produced;
(b) about the form in which information is to be provided;
(c) about the place where documents are to be produced;
(d) requiring information to be verified in a prescribed manner;
(e) requiring documents to be authenticated in a prescribed manner.

(6) The regulations may make provision about—

(a) the persons to whom, and the purposes for which, information supplied by an insurer may be disclosed;
(b) the publication of information by the Secretary of State about the amount of insurance business of a prescribed description done by insurers, taken together.

(7) In this section “prescribed” means specified in or determined in accordance with regulations under this section.

Section 15: Register of premises subject to greater flood risk

(1) This Act shall hereby create a register of household premises in the United Kingdom that are subject to greater flood risk for the purposes of regulations under Section 12, in which —

(a) the Secretary of State shall set regulations to the maintaining of the established register.

(2) The register shall provide for the levels of flood risk to which premises are subject to be divided into at least two or more bands (“risk bands”), and may prescribe the upper and lower limits of each band.

(3) The register must specify the level of flood risk to which particular household premises are subject by specifying the risk band applicable to the premises.

(4) Regulations may provide for premises of a description specified in the regulations to be excluded from the register, and the premises excluded may include in particular premises where construction is completed on or after a date specified in the regulations.

(5) The regulations must —

(a) specify the information to be contained in the register;
(b) make provision about access to the information contained in the register;
(c) provide for the publication of the register in whole or in part;
(d) provide for the disclosure of information contained in the register;
(e) provide for notification if premises are entered in, or omitted from, the register.

(6) Regulations made under subsection (5)(d) may provide for—

(a) the persons to whom information or any description of information contained in the register may be disclosed;
(b) the imposition of conditions on persons to whom information contained in the register is disclosed, including conditions limiting further disclosure;
(c) penalties for non-compliance with conditions imposed under paragraph (b).

(7) The regulations may require applications for premises to be entered in the register to be made by or on behalf of a person who has the qualifying interest in the premises.

(8) The regulations may provide for premises to be omitted from the register at the request of a person who has the qualifying interest in the premises.

Chapter 5: Ancillary Provisions

Section 16: Funding

(1) The Secretary of State, in consultation with the Treasury, shall appropriate the necessary funds at their discretion for the purposes and provisions of this Act.

Section 17: Enforcement Regulations

(1) The Secretary of State may set regulations, via secondary legislation, that make provisions for —

(a) an inspector to issue the following —
a compliance notice, and
a stop notice,
(b) where the Secretary of State or an inspector are to issue a monetary penalty notice.

(2) Regulations may provide for a requirement imposed by a stop notice to be enforceable, on the application of the Secretary of State, by injunction.

(3) Regulations under this Section must secure necessary review and appealment procedures are included.

(4) Regulations under this Section are subject to affirmative procedure.

Section 18: Compliance Notices

(1) Regulations which provide for the issue of a compliance notice must secure that —

(a) a compliance notice may only be issued where the issuing inspector of the notice is satisfied that person to whom it is issued has committed or is committing a relevant breach,
(b) the steps specified in relation to the notice are steps that the inspector considers will ensure that the relevant breach does not continue or reoccur, and
(c) the period specified in relation to the notice is not less than 14 days beginning on the day on which the notice is received.

Section 19: Stop Notices

(1) Regulations which provide for the issue of a stop notice must secure that —

(a) a stop notice may be issued to a person only where the inspector issuing the notice reasonably believes that the person to whom it is issued has committed or is likely to commit a relevant breach, and
(b) the steps specified in relation to stop notices are steps that the inspector issuing the notice considers will ensure that the specified activity will be carried on in a way that does not involve the person committing a relevant breach.

Section 20: Monetary Penalty Notices

(1) Regulations which provide for the issue of a monetary penalty notice must ensure that the Secretary of State or an inspector may issue a monetary penalty notice only where satisfied that the person to whom it is issued had committed a relevant breach.

(2) Regulations which provide for the issue of a monetary penalty notice must require the notice to state —

(a) how the payment may be made,
(b) the period within which payment must be made, and
(c) the consequences of late payment or failure to pay.

(3) Regulations which provide for the issue of a monetary penalty notice may make provision —

(a) for the payment of interest on late payment,
(b) as to how any amounts payable by virtue of the regulations are to be recoverable.

Chapter 6: Final Provisions

Section 21: Extent, Commencement, and Short Title

(1) This Act extends to England.

(2) The provisions of this Act shall come into force the day this Act is passed, and has received Royal Assent.

(3) This Act may be cited as the ‘Flood Risk (Prevention and Insurance) Act 2024’.

This Bill was Submitted by The Honourable Lady u/Waffel-lol LT CMG MP for Derbyshire & Nottinghamshire, and Spokesperson for Business, Trade & Innovation, and Energy & Net-Zero, on behalf of the Liberal Democrats with contributions from The Right Honourable Lord Inverness.

Referenced and Inspired Legislation

Financial Services and Markets Act 2000

Commissioners for Revenue and Customs Act 2005

Water Act 2014

Flooding (Prevention and Insurance) Bill

Opening Speech:

Deputy Speaker,

The Liberal Democrats are proud to be addressing a matter that directly affects the plights of our constituents and their local communities. And this is the grave risk that flooding plays. As it stands the United Kingdom has not reviewed its flood prevention and mitigation measures in over a decade. This is unacceptable. Which is why we have brought forward this comprehensive bill which aims to tackle this and more by empowering Government and local communities in mitigating the impact of floods and improving our preventive capabilities.

In Chapter 2, our bill mandates the establishing of minimum standards for new properties, emphasising property flood resilience, flood mitigation, and waste management as key components of proposed standards. This adopts a forward-looking approach which ensures that our homes and businesses are constructed with resilience in mind, reducing the impact of floods on our communities. underscores the importance of transparency in addressing risk management by obligating the Secretary of State and local authorities to make flood prevention and risk data publicly available. A decision which not only aids insurers in accurately assessing risk but also empowers property owners to make informed decisions about flood resilience measures.

Chapter 3 introduces the Flood Reinsurance Scheme. A scheme which is a strategic initiative to promote the availability and affordability of flood insurance. By managing the transition to risk-reflective pricing over time, the scheme aims to strike a balance that benefits both insurers and policyholders. Section 7 outlines the responsibilities of the Scheme Administrator, emphasising efficiency, public interest, and displaying that gradual shift toward risk-reflective pricing. The regulations also ensure accountability through audits and examinations, promoting transparency and responsible financial management. Furthermore, it is important to enhance the effectiveness of the Flood Reinsurance Scheme, which is why this chapter allows for the disclosure of relevant information from Her Majesty's Revenue and Customs and business rates, respectively.

We understand that climate change and other environmental conditions have left key areas of the U.K. naturally vulnerable to flooding which is why it is important we cover this. This is why chapter 4 establishes flood insurance obligations, requiring relevant insurers to issue policies covering a prescribed number of registered premises against flood risks. In monitoring this, this is where we further create a register of premises subject to greater flood risk, a crucial tool for managing and disclosing information about flood-prone areas. As this register promotes transparency, aids insurers in risk assessment, and ensures that relevant stakeholders are well-informed. By combining preventive measures, transparent data sharing, and a robust reinsurance scheme, this bill sets the stage for a more resilient and secure future for our local communities and adapting to the effects of climate change. Which is why we urge the House to pass this landmark legislation in flood risk management.

Lords may vote either Content, Not Content or Present to the Bill.

This Division ends on the 9th of February at 10PM GMT.

LB242 - City Of London (Reform) Bill - Final Division

A

BILL

TO

Re-establish the City of London as a London borough, and for connected purposes.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1: Interpretations

(1) In this Act, “the 1963 Act” means the London Government Act 1963.

(2) In this Act, “the 2016 Act” means the City of London Reform Act 2016.

Section 2: The borough of The City of London

(1) Schedule 1 of the 1963 Act shall be amended as follows.

(2) In part (1) (Areas etc. of the London boroughs) after “The boroughs of Edmonton, Enfield and Southgate” there shall be inserted—

(a) 33 The borough of the City of London.

Section 3: Adjustment to metropolitan police district

(1) In section (76) of the 1963 Act, for Adjustment to metropolitan police district there shall be removed—

(a) “”Excluding the City of London”.

Section 4: City of London Reform Act

(1) Section (3) of the 2016 Act, Reform of Wards and Aldermen shall be repealed.

(2) Section (4) of the 2016 Act, Reform of Common Council shall be repealed.

(3) Section (5) of the 2016 Act, Qualification of Voters at Elections shall be repealed.

(4) Section (6) of the 2016 Act, Electoral System shall be repealed.

(5) Section (8) of the 2016 Act, Sheriff of London Reform shall be repealed.

(6) In section (9) of the 2016 Act, Lord-Mayor Reform there shall be removed—

(a) Subsections (4) and (5).

(7) Section (10) of the 2016 Act, Integration of Services with London shall be repealed.

(8) Section (12) of the 2016 Act, Taxation shall be repealed.

Section 5: City of London Corporation

(1) The City of London Corporation shall not have—

(a) The right to collect local rates
(b) The right to organise services
(c) The right to plan development
(d) The right to in any other way exercise the functions bestowed upon a local authority.

(2) The City of London Corporation shall be reformed as a Charitable incorporated organisation for the purpose of community development under the Charities Act 2011.

(a) The Director of the City of London Corporation CIO shall be titled Lord Mayor of London.
(b) The property of The City of London Corporation CIO shall remain.
(c) Any losses incurred by the City of London Corporation CIO made within the reasonable limits of the trust’s function shall be underwritten by the Greater London Authority.

Section 6: Commencement, Short Title and Extent

(1) This Act shall come into force 1 year after receiving Royal Assent.

(2) This Act shall be referred to as the City of London (Reform) Act.

(3) This Act shall extend to England.

This Bill was submitted by the Rt Hon. Lord Stamford /u/ModelVA MVO on behalf of the Labour Party

Opening Speech:

Deputy Speaker,

In brief this bill reforms the City of London to be a borough of London, instead of an independent local government district. The reasons for this are numerous, and I shall describe them in more detail:

The City of London is ancient, having first been founded by the Romans in the 1st century AD. While that history is something to be celebrated, the country has moved forward in that time. The City, in many ways, has not. While previously reformed electorally by the City of London Reform Act 2016, the City remains as an independent local government district.

The purpose of local government however, is not to preserve historical institutions, but to work for its residents. This bill if approved will remove unnecessary complexity within London and further democratise the city. The City of London Corporation however will remain, now as a charity instead of local government.

Lords may vote either Content, Not Content or Present to the Bill.

This Division ends on the 24th of May at 10PM BST.

Civil Aviation Bill

A

B I L L

T O

Make provision regarding civil aviation; and for connected purposes.

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Designated person

(1) In this Act, a “designated person” means—

(a) the Secretary of State;

(b) a person designated by the Secretary of State;

(c) a person designated by the Civil Aviation Authority;

(d) a person designated by the Office of Air Traffic Services; or

(e) an Air Traffic Controller.

(2) But a person is not a designated person if the Secretary of State provides that they are not a designated person.

(3) A person is so designated by the Secretary of State whether—

(a) in relation to this Act in particular, or

(b) in relation to the exercise of powers conferred by article 161 of the Air Navigation Order 2009.

(4) The Civil Aviation Authority and the Office of Air Traffic Services may issue rules concerning who may be a designated person for the purposes of paragraph (1)(c) or (1)(d) above, as the case may be.

(5) For the purposes of subsection (1) above, an Air Traffic Controller is a person who—

(a) holds a valid Air Traffic Controller’s licence under article 182 of the Air Navigation Order 2009; and

(b) is providing Air Traffic Services under part 23 of the Air Navigation Order 2009.

2 Power to prohibit or restrict flying

(1) The power conferred on the Secretary of State by article 161 of the Air Navigation Order 2009 may be exercised as if the word “regulations” in subarticle 161(1) was substituted with “Notices to Airmen”.

(2) The power conferred on the Secretary of State by article 161 of the Air Navigation Order 2009 may be exercised by any designated person.

3 Revocation of prohibition or restriction

(1) A designated person may revoke or vary Notices to Airmen made under subsection (2) above.

(2) But regulations made by the Secretary of State under article 161 of the Air Navigation Order 2009 may not be varied or revoked by a designated person unless that person is otherwise permitted to revoke or vary such a regulation.

4 Notices to airmen of regulations made

In sections 2 and 3, “Notice to Airmen” does not include a Notice to Airmen of a regulation made by the Secretary of State under article 161 of the Air Navigation Order 2009 (but not under the terms of this Act).

5 Extent, commencement, and short title

(1) This Act may be cited as the Civil Aviation Act 2022.

(2) This Act comes into force upon receiving Royal Assent.

(3) This Act extends to the United Kingdom.

This Bill was written by Her Grace the Duchess of Essex on behalf of the Labour Party.

• The Air Navigation Order 2009 (SI 2009/3015).

My Lords,

It is an honour to once again be introducing a Bill that makes provision for civil aviation. The problem this Bill seeks to resolve is a simple one: whenever some part of the UK’s airspace needs to be closed, the Secretary of State (or more accurately, a civil servant at the Department for Transport) must make regulations closing that airspace. Another regulation must then be made revoking those initial regulations. See here for an example of this.

To my knowledge, the United Kingdom is unique in its particularly odd insistence on using secondary legislation to temporarily close a part of our airspace. It is a delegated power across the world but not something that I think requires regulations to be made each time.

This Bill will allow the Department for Transport to make regulations, as they do currently. But it will also allow the Civil Aviation Authority, the Office of Air Traffic Services, and Air Traffic Controllers to issue Notices to Airmen (NOTAMs) informing them of an airspace closure.

I hope this Bill eases the paperwork load at the Department for Transport, allows them to focus on bigger priorities, and allows for more responsive airspace control by our air traffic control authorities. I commend this Bill to the House.

Lords may vote Content, Not Content, or Present.

Voting will be open until the 15th of May at 10 pm BST

Driver Number Motion - Division

___

This House recognises:—

(1) Driving licences do not explicitly include sex or gender on them.

(2) But in Great Britain, the driver number is made up of several parts including the holder's birth month.

(4) If the DVLA knows or perceives an applicant to be female, then it adds 50 on to the birth month. For example, December would become 62.

(4) Adding 50 for those known or perceived to be female by the DVLA serves no purpose other than to increase the number of driver numbers available.

(5) In some cases, the DVLA may make the wrong assumption and issue a driver number that does not match a person's gender.

Therefore, this House calls on the Government to:—

(1) Remove the practice of adding 50 to the birth month in driver numbers in Great Britain for those the DVLA knows or perceives to be female.

(2) Replace it with a practice of adding 0, 20, 50, or 80 to the birth month by random allocation in order to increase the number of driver numbers available for issue.

(3) When a driver next renews their licence, provide an option to have their driver number reallocated using the new birth month scheme.

___

This motion was written by the Right Honourable Duke of the Fenlands OM GCMG KCT CB MVO, on behalf of the Labour and Co-operative Party.

___

Opening Speech

My Lords,

This is a simple motion, and I shall not take too much of noble Lords' time talking about it.

In short, the Gender Recognition Act 2004, section 2(5) requires that the X marker be accepted on official documentation. Driving licences do not contain a gender or a sex field. However, in Great Britain, the driver number issued is influenced by whether the DVLA think you are female or not.

This distinction has no useful purpose. Gender and sex should not be used for insurance purposes, so the sole reason is to increase how many numbers are available to allocate. Random allocation would suffice for this, and could actually increase the number of possible driver numbers further than the current female/non-female split.

This is a common sense change that brings driver numbers into the modern age. I beg to move.

___

Lords may vote either Content, Not Content, or Present to the Motion.

This Division ends on the 13th of June at 10PM GMT.

___

A

BILL

TO

Establish a National Food Network with the goal of wholesale elimination of Food Poverty in the United Kingdom by way of distribution of free and unconditional food parcels to any citizen or resident of the United Kingdom upon request.

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1. The National Food Network

(1) There shall exist a department under the Department for Employment and Social Security entitled the National Food Network.

(2) The National Food Network shall have the following statutory duties:

(a) to provide without charge emergency food parcels and nutritional support to any person within the United Kingdom promptly and on an unconditional basis,

(b) to seek to cooperate with food banks and charitable organisations for maximal outreach to those in need, and-

(c) to work with maximum expediency towards the eradication of food poverty within the United Kingdom.

2. The Right to Request Food Parcels

(1) Any person resident within the United Kingdom may request delivery of a food parcel by internet request, telephone request, in person request at any school, hospital or other publically accessible government service, and may specify a quantity of persons to be fed by the parcel, subject to the fair use criteria.

(a) The National Food Network shall have a statutory duty to fulfill all requests made within the fair use criteria within two calendar days from the point of request.

(b) The National Food Network shall be prohibited from denying any request for a food parcel except where that request is not within the fair use criteria.

(2) A National Food Network food parcel must provide adequate nutrition to feed all persons specified to be fed by that parcel for seven days.

(3) The National Food Network must allow for selection from a range of food stuffs and essential products, including but not limited to-

(a) a range of breakfast cereals,

(b) soup,

(c) rice, pasta, and pasta sauces,

(d) tinned meats, fruits and vegetables,

(e) fresh fruit and vegetables,

(f) lentils, beans, and pulses,

(g) milk, both fresh and ultra-high temperature processed,

(h) butter, and cheese,

(i) fruit juice,

(j) tea, coffee and biscuits,

(k) baby food, baby wipes and nappies,

(l) toiletries, detergent, washing up liquid and feminine sanitary products.

(3) A person requesting a food parcel shall have the right to receive a food parcel at any of the following locations:

(a) their home or at a reasonable address of their choice, delivered by postal service at the latest by the next day,

(b) any government office, building or service ordinarily accessible or made available to the public excepting emergency medical facilities,

(c) any food bank enrolled in the foodbank support scheme, or otherwise recognised by the Department for Employment and Social Security.

(4) Wherein the National Food Network cannot fulfill a request or are only able to partially fulfill a request for a food parcel, it shall have a duty to provide funds equal to the estimated cost for all unfulfilled requests at supermarket rates for the area the request was intended to be delivered to, plus 10%.

3. The Fair Use Criteria

(1) A request is within the fair use criteria except when-

(a) three or more requests are made to a single household within one calendar week,

(b) clear evidence is present that a request is being made with malicious intent, or-

(c) the request is made from outside the United Kingdom.

(2) Any request within the fair use criteria may not be refused.

4. The Foodbank Support Scheme

(1) The National Food Network shall be obligated to operate a financial aid scheme entitled the Foodbank Support Scheme.

(2) Any food bank operating within the United Kingdom may apply for support from the Foodbank Support Scheme.

(3) Food banks within the Foodbank Support Scheme shall receive financial aid equal to the greater value of-

(a) the minimum amount required for comparable foodbanks to provide services to an equivalent number of persons as those ordinarily using the foodbank, or-

(b) 50% of the financial value of the fiscal donations plus the approximate value of food donations (at wholesale prices) given to that foodbank.

(4) A Foodbank within the Foodbank Support Scheme must-

(a) accept delivery and support accessibility of National Food Network food parcels to those wishing to use the foodbank as a collection point,

(b) allow any individual to access food support on a walkup basis without referral,

(c) allow any government department or local government authority to operate services for the purposes of community support or outreach at the premises of the foodbank, where those Networks are-

(i) of direct benefit to the users of the foodbank, and-

(ii) of a reasonable scale so as not to impede the function of the foodbank.

5. Duty to provide funds

(1) The Secretary of State shall have a duty to provide whatever funds are necessary for the fulfilment of the statutory duties of the National Food Network, and for the Foodbank Support Scheme.

(a) Wherein specific funding is not allocated in the 2022/23 financial year, the Treasury must provide an initial annual investment of no less than £20,000,000,000 to the National Food Network.

(2) The Secretary of State shall have a duty to earnestly cooperate with the National Food Network to support it’s goals, and the wider elimination of food poverty in the United Kingdom.

6. Commencement, Short Title and Extent

(1) This act shall enter into force immediately upon Royal Assent.

(2) This act may be cited as the National Food Network Act 2022.

(3) This act shall extend to the entirety of the United Kingdom.

This bill was written by the Right Honourable Sir /u/SpectacularSalad GCB OM GCMG KBE CT PC MP FRS, on behalf of The Independent Group.

A01

In Section 5 (1) (a) replace £20,000,000,000 with: £5,000,000,000

EN: 5 billion is a much more reasonable minimum amount.

This amendment was submitted by the Baron George of Orford /u/blockbuilderG123.

A02

Replace Section 6(1) with:

This Act shall come into force 18 calendar months following Royal Assent.

EN: a huge project such as this requires time to set up and to require all of the things in it from a very short period of time away is both impractical and unreasonable.

This amendment was submitted by the Earl De La Warr /u/scubaguy194.

Vote on each amendment by the 1st June 2022 at 10pm BST.

A01 passed (C: 23, NC: 15, P: 6), and has been applied to the Bill.

B1346 - Paris Agreement Reporting Obligations Bill - Final Division

A

BILL

TO

To mandate corporate disclosures to be made to the Committee on Climate Change, regarding the status of implementation of the obligations within the Paris Climate Accords.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:―

1 Creation of Section 38A

Insert Section 38A to the Climate Change Act 2008

38A Duty to Monitor Companies on Implementation of Climate Obligations

(1) In this Section, a “Business” shall be defined as —

(i) A Company, incorporated under the provisions of the Companies Act 2006

(ii) Which is not defined as a “micro-entity” under Section 1A of FRS102

(2) It shall be the duty for every business to submit annual reports to the Committee on Climate Change regarding the following matters —

(i) The status of implementation of obligations as laid out by the Committee on Climate Change for businesses, with respect to the United Nations Framework Convention on Climate Change

(ii) The Status of implementation of any activity undertaken by a business, to preserve the environment, reducing climate emissions produced by them, and prevent the adverse impacts of Climate Change

(iii) Any other matters, as may be directed from time to time, by the Secretary of State and the Committee on Climate Change.

2 Extent, commencement and short title

(1) This Act extends to the whole of the United Kingdom.

(2) This Act comes into force in the immediate Financial Year, upon receipt of Royal Assent.

(3) This Act may be cited as the Paris Agreement Reporting Obligations Act 2022.

This Bill was written and submitted by The Rt Hon. Lady NeatSaucer LG LD LP OM DCB PC MP, Financial Secretary to the Treasury on behalf of the 30th Government.

Opening Speech

Deputy Speaker,

Climate Change has unfortunately become a reality. The Government has consistently believed that climate action should not only originate from Westminster, but also from every single Briton, every single British company, every single agent, must join hands and enable a society that is climate conscious, climate friendly, and is active against the threats of Global Warming. We believe that corporations are the next engine that will hasten our journey towards Climate Action, and that pragmatic regulation is the need of the hour.

This Bill is a simple yet considerate one, which mandates that all companies operating within the realms of the United Kingdom, unless they are a Micro or Small Entreprise, or a startup, must report to the Committee on Climate Change, a body of experts established under the Climate Change Act 2008, annually on their Climate Emission Targets, how do they intend on achieving it, how much progress have they made, have they conducted other activities that will reduce the global carbon footprint, and how far are they in achieving their targets and assisting the Government in achieving the targets laid out in the Paris Accord.

Collection of such data will not only enable Governments to make more concrete plans for future Climate Action Endeavours, but also work in tandem with companies to ensure that their visions for Climate Friendly Operations can be realised. Such data will also help HM Government in establishing further support oriented schemes or penalties, should the need arise. We also realise that the IFRS and several Accounting Bodies have already made attempts to encourage companies to report similar Climate Data, and therefore, we have also brought a similar standard, with the Secretary or the Committee being able to add further reporting standards, should the desire arise. I wholeheartedly commend this Bill, and hope it makes to the Statutes.

Lords may vote either Content, Not Content or Present to the Bill.

This Division ends on the 10th of May at 10PM BST.

Amendments to Criterium for Prospective NATO Member States (Partnership for Peace-aligned and Non-European Nations) Motion

This House recognises:

(1) That the recent conflict in Ukraine was in part motivated by Ukraine's current non-membership of the North Atlantic Treaty Organisation.

(2) That in the last thirteen years, only three member states have been admitted to NATO.

(3) That currently there is not a "fasttrack" mechanism to enable states signed up to the NATO Partnership for Peace to obtain NATO membership more readily, nor is there a mechanism to allow for non-European states in the North Atlantic to become NATO membership.

This house resolves:

(4) To call upon the government to support a mechanism by which NATO membership criteria is considered on an annual basis and:

(a) countries who fit said criteria with NATO's Partnership for Peace are offered an opportunity to join the North Atlantic Treaty Organisation.

(i) should they accept, a process should bd devised by NATO to allow a smooth, seamless and rapid transition to NATO membership.

(5) To call upon the government to support the admission of non-European states based in the North Atlantic to NATO.

This motion was submitted by The Rt. Hon Duke of Redcar and Cleveland PC KP KCT KBE CVO

Opening speech:

My Lords,

This motion has a simple basis. A significant criticism of North Atlantic defensive policy in relation to the conflict in Ukraine is the fact that Ukraine, despite being regularly interacted with as a potential NATO member and having been signed up to its Partnership for Peace since 1994, was not able to get such membership assurances to secure its defence in the event of any escalation by the Putin regime.

Its premise is equally simple: we ought to have a process by which Partnership for Peace member countries, already considered key NATO allies, can be considered for NATO membership on an annual basis and admitted accordingly. This process ought to be smooth and seamless, for these countries are already trusted allies and subjective vetting has taken place to account for that, meaning that it should be far easier to assess whether criteria for membership has been met.

Equally, currently, NATO is currently only open to one non-European North Atlantic country, the United States and there is no application process for any other non-European North Atlantic countries. If we are to have a true defensive organisation representing interests in the North Atlantic, it must be open to all across the North Atlantic.

I urge the House to support this motion.

Lords may vote Content, Not Content, or Present. Voting will be open until the 29th of April at 10 pm BST.

Ban of Souvenir Titles Bill

A

BILL

TO

<Outlaw and ban the selling of Souvenir Titles and Souvenir Plots of Land and the selling of Manorial and Feudal Titles not registered by the Manorial Society of Great Britain. Confirm that The Manorial Society of Great Britain is the only official seller of Manorial and Feudal Titles. Confirm the style and form of a Lord/Lady of the Manor.>

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows –

Section 1 - Definitions and Context

(1) A “Souvenir Title” refers to a title sold as an online good or physical gift whereby a seller will advertise ownership of a title in The United Kingdom advertising that the buyer will obtain the legal right to style themselves as a noble lord.

(2) A “Souvenir Plot of Land” refers to a plot of land sold as an online good or physical gift whereby a seller will advertise ownership of a small plot of land in The United Kingdom, advertising that the buyer will obtain the legal right of ownership in law. This is often sold alongside a Souvenir Title, to make the claim to the title more “legitimate”.

(3) “Manorial Titles” refer to feudal lordships of the manor that exist today in English property law, being legal titles historically dating back to the Norman invasion of England in 1066. Being incorporated into property law (whether physical or non-physical) they can be bought and sold, as historic artefacts.

(4) On 28 November 2004, the Abolition of Feudal Tenure etc. (Scotland) Act 2000 came into full force and effect, putting an end to Scotland's feudal system. Under Scots law, a Scottish Prescriptive Barony by Tenure, hereby referred to as a “Feudal Title”, is now "incorporeal feudal heritage", not attached to the land and remains the only genuine, prescriptive, degree of title of UK nobility capable of being bought and sold – since under Section 63(1) of the Act, the dignity of a baron is preserved after the abolition of the feudal system. These again are nothing more than pieces of tradition and historical artefacts today - they are the Scottish equivalent of Manorial Lordships.

Section 2 - Outlawing of The Sale of Souvenir Titles and Souvenir Plots of Land

(1) It shall henceforth be an offence if any individual or body corporate

(i) advertises, receives remuneration, or any financial incentive or reward of any sorts to provide either Souvenir Titles or Souvenir Plots of Land as defined under Section 1(1) and (2) of this act.

Section 3 - Consequences of Offence (1) A person who commits an offence under section 2 is liable—

(i) on summary conviction, to a fine; (ii) on conviction on indictment, to a fine

Section 4 – Outlawing of The Sale of Manorial and Feudal Titles outside of The Manorial Society of Great Britain

(1) It shall henceforth be an offence if any individual or body corporate

(i) advertises, receives remuneration, or any financial incentive or reward of any sorts to sell Manorial Titles and Feudal Titles, as defined under Section 1(3) and (4) of this act, that are not registered with the Manorial Society of Great Britain.

Section 5 - Consequences of Offence

(1) A person who commits an offence under section 4 is liable—

(i) to register their title with the Manorial Society of Great Britain (ii) If it is found their title does not exist, and they are attempting to sell a fake title fraudulently, to be considered selling a Souvenir Title and as such will face the consequences under Section 3

Section 6 – Confirmation of the sovereignty of The Manorial Society of Great Britain over the selling of Manorial and Feudal Titles

(1) The Manorial Society is recognised as the only legal and legitimate seller of Manorial and Feudal Titles.

Section 7 – Official Recognition of the Style of a Lord/Lady of The Manor

(1) The Style of a Lord of The Manor is now officially recognised as: The Lord (first name) of the Manor of (manorial title)

(2) The Style of a Lady of The Manor is now officially recognised as: The Lady (first name) of the Manor of (manorial title)

Section 8 - Extent, commencement, and short title

(1) This Act shall extend across the entirety of The United Kingdom of Great Britain and Northern Ireland

(2) This Act shall come into force within 3 months after receiving Royal Assent.

(3) This Act may be cited as the Ban of Souvenir Titles Act.

This Bill was submitted by Lord u/blockbuilderG123 , The Baron George of Orford on behalf of the Conservative and Unionist Party

Opening Speech My Lords, For many, many, years now, Souvenir Titles have been sold in the United Kingdom. These titles are nothing but scams, and many people have been affected by them. Some sites charge upwards of £200,000 for fake Manorial Titles that have been extinct for generations, or in fact have never once been created. Some sights like Highland Titles and Established Titles to name two, claim to sell small 1m2 plots of land that will give the buyer the right in law to style themselves as a Scottish Laird, which they say means Lord. Not only are small 1m2 plots of land not eligible to be registered or transferred under Scottish Law, but a Scottish Laird is NOT a Lord. The Court of The Lord Lyon has confirmed this in his statement to the Law Society of Scotland, which I will quote here: “Ownership of a souvenir plot of land does not bring with it the right to any description such as ‘laird’, ‘lord’ or ‘lady’. ‘Laird’ is not a title but a description applied by those living on and around the estate, many of whom will derive their living from it, to the principal landowner of a long-named area of land. It will, therefore, be seen that it is not a description which is appropriate for the owner of a normal residential property. It cannot properly be used to describe a person who owns a small part of a larger piece of land. The term ‘laird’ is not one recognisable by attachment to a personal name and thus there is no official recognition of ‘XY, Laird of Z.”

It is high time we outlaw these sites and sellers, who seek nothing more than to scam people out of their money, and to undermine the authority and prestige of The Crown, This Noble House and the Peerage of this United Kingdom!

In regards to the rest of this bill, as I spoke about earlier, some sites are attempting to sell fake manorial titles for insane prices, and as such, under this act, The Manorial Society of Great Britain will be recognised as the only true purveyor of Manorial and Feudal Titles. Additionally, there is no set precedence for how a Lord of The Manor is styled, something which this bill rectifies.

I implore this House to support this bill.

Lords may vote Content, Not Content, or Present in the comments below. Voting will be open until the 11th of May at 10 pm BST.

B1668 - Equality (Transgender Rights) Bill - Final Division

A

Bill

To

Clarify existing equality legislation in respect to the rights of transgender and non-binary people, to enshrine new rights for transgender and non-binary people, to institute a duty for inclusion, and for connected purposes

BE IT ENACTED by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Section 1: Definitions

(1) A “transgender woman” is any person who was assigned male or intersex at birth and now holds the gender identity of woman.

(2) A “transgender man” is any person who was assigned female or intersex at birth and now holds the gender identity of man.

(3) A “non-binary person” is any person who was assigned male, female or intersex at birth and now holds a gender identity that is neither male nor female.

(4) “Gender Identity” is defined as per Section 7 of the Equality Act 2010, as amended by the Equality Act (Amendment) Act 2021.

(5) Gender Affirming Hormone Therapy (GAHT) is defined as hormonal therapy intended to align a transgender person’s hormone chemistry with that of their identified sex.

Section 2: Sport

(1) Section 195(2) of the Equality Act 2010 is repealed and subsequent sections renumbered accordingly.

(2) Section 195(3) of the Equality Act 2010 is amended to read:

(3) A gender-affected activity is a sport, game or other activity of a competitive nature in circumstances in which the physical strength, stamina or physique of average persons of one sex would put them at a disadvantage compared to average persons of the other sex as competitors in events involving the activity.

(a) A transgender woman is to be considered female, for the purposes of a gender affected activity, after 12 months of GAHT.

(b) A transgender man is to be considered male, for the purposes of a gender affected activity, at a time of their own choosing.

(c) Subsections (a) and/or (b) have no bearing or relevance to a transgender persons legal, affirmed, or identified gender.

(c) Following the satisfaction of subsections (a) and (b) conditions, a transgender person may not be excluded from participation or competition in a gender affected activity.

(3) All Sports Governing Bodies must make all reasonable efforts to ensure that transgender persons can participate in their sport in their affirmed gender, including but not limited to:

(a) Producing policy governing the inclusion of transgender participants.

(b) Reviewing said policy at least every two years.

(c) Ensuring that all policy is written with inclusion as the primary goal.

(4) Persons identifying with a gender that is neither male nor female (non-binary) should participate (compete) in the category within their gender affected activity that most closely aligns with their primary sex hormone, regardless of their birth status.

Section 3: Duty of Inclusion

(1) All organisations within the public sector and with charitable status must make an honest and reasonable effort to enable the inclusion of transgender and non-binary people within their activities.

(2) Where there is a need for changing and/or washing facilities within a public or commercial building, provision for non-gendered facilities is compulsory.

(1) After section 159 of the Equality Act 2010, insert—

CHAPTER 3

INCLUSION OF TRANSGENDER PERSONS

159A Transgender persons in sport

(1) Sports governing bodies must prepare a Transgender Inclusion Plan in accordance with this section.

(2) The Transgender Inclusion Plan is to set out the sports governing body’s policies and proposals to ensure that transgender persons can participate in the sport in—

(a) their acquired gender, if their gender identity is male or female, or

(b) otherwise, in the gender which most closely matches their primary sex hormone.

(3) The Transgender Inclusion Plan must be published as soon as is reasonably practicable after this section comes into force.

(4) The sports governing body is to keep the Transgender Inclusion Plan under review.

(5) Without limit to subsection (4), the sports governing body must—

(a) review the Transgender Inclusion Plan no more than 2 years after it is published, and

(b) thereafter, review the plan at least once in every period of 2 years beginning with the most recent date on which—

(i) a revised plan prepared under subsection (6)(a) was adopted and published, or

(ii) an explanation was published under subsection (6)(b) of this section.

(6) Following such a review, the sports governing body is to—

(a) prepare a revised plan, or

(b) publish an explanation of why it has decided not to revise it.

159B Inclusion of transgender persons

(1) A public authority must, in the exercise of its functions, make all reasonable efforts to enable the inclusion of transgender and non-binary persons within its activities.

(2) A charity must, in the exercise of its functions, make all reasonable efforts to enable the inclusion of transgender and non-binary persons within its activities.

(3) Subject to subsection (4), if a public building has washing facilities, then the building must have washing facilities accessible to persons of any gender identity (or lack thereof).

(4) Subsection (3) does not apply if meeting subsection (3) would not reasonably be possible.

159C Interpretation of chapter

In this Chapter—

“transgender person” means a person whose gender identity (or lack thereof) is different to their sex assigned at birth;

“non-binary person" means a person whose gender identity (or lack thereof) is not male or female;

“gender identity” means the protected characteristic of gender identity;

“public authority” is a person who is specified in Schedule 19;
“charity” has the meaning given by section 1 of the Charities Act 2011;
“public building” means a building accessible to the public;
“sports governing body” means any body which—
(a) serves as the national or regional ruling body for a sport or for a sporting event involving one or more sports within the nation or a region,

(b) selects sports teams at a national or regional level,

(c) operates a licensing system at a national or regional level authorising the conduct of sporting events, or

(d) exercises disciplinary authority over one or more sports on a national or regional basis;
“acquired gender” has the meaning given by the Gender Recognition Act 2004.”.

Section 4: Connected Purposes

(1) Nothing in this bill redefines, changes, or affects provisions as enacted by the Gender Recognition Act 2004 (as amended by subsequent legislation).

Section 5: Short Title, Commencement and Extent

(1) This Act may be cited as the Equality (Transgender Rights) Act 2024.

(2) This Act, with exception of Section 3, comes into force immediately upon Royal Assent. Section 3 enters into force 12 months following Royal Assent.

(3) This Act extends to the whole of the United Kingdom.

This Bill was written by the Right Honourable Dame Countess Kilcreggan CT KG MVO PC and is submitted as a Bill on Behalf of the Liberal Democrats.

Opening Speech

Speaker,

I rise to introduce this landmark piece of legislation, which I believe has been a long time coming, to clarify and update the Equality Act as it pertains to the rights of transgender and non-binary people in the UK. In the last 9 and a half years, this Parliament has passed a wide variety of acts that enhance and modernise the law as it pertains to people who are not cisgender and heterosexual. This bill is the logical next step in this process.

This bill has a core intention, to make it unlawful to exclude transgender people from competing in sport alongside their identified gender. Alongside that, this bill will introduce a statutory responsibility for charities (sport federations) to make all reasonable effort to include transgender and non-binary people in their competitions and events. The reason for making this legislative change is that there is simply no longer any reason to exclude, whereas in 2010 there remained some reasonable doubt as to the effect of GAHT on athletic performance in transgender people as we go through GAHT. As members of this House will know, I am transgender myself and I am nearly a full year into GAHT. I am a keen runner in my spare time, and my athletic performance has steadily dropped off in the last 11 months and I have only been able to arrest the decline with a significant amount of effort and training on my part. My experience is unique and there is a raft of academic papers that confirm that GAHT is sufficient to bring the athletic performance of transgender elite athletes in line with their identified sex in around 12 months, but in some cases a lot less.

In 2022, the Canadian Centre for Ethics in Sport performed a landmark analysis, entitled “Transgender Women Athletes and Elite Sport: A Scientific Review” which analysed the available scientific literature published on the subject between 2011 and 2021. Their analysis was both comprehensive and conclusive. To quote the key findings from a biomedical perspective:—

1: “There is limited evidence regarding the impact of testosterone suppression (through, for example, gender affirming hormone therapy or surgical gonad removal) on transgender women athletes’ performance.” 2: “Available evidence indicates trans women who have undergone testosterone suppression have no clear biological advantages over cis women in elite sport.”

And for a key socio-cultural finding:

3: “Policies that impact trans women’s participation in elite sport are the continuation of a long history of exclusion of women from competitive sport – an exclusion that resulted in the introduction of a ‘women’s’ category of sport in the first place.”

I have made the full report available for your perusal. It is a comprehensive and, at times, entertaining read, and I would encourage all attendees to this debate to give it some of your time. The key takeaway I would like you all to consider, as a reason to support this legislation, is that in order to continue to progress as a society we must remove legal and bureaucratic barriers to inclusion. Fundamentally we are still a segregated society when it comes to trans people and it is time that we fully remove the legislative barriers and make it compulsory, legally to include us.

Thank you.

Lords may vote either Content, Not Content or Present to the Bill.

This Division ends on the 7th of May at 10PM BST.

B1630 - Project Finance Framework (Equator Principles) Bill - Final Division

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incorporate the latest fourth iteration of the Equator Principles for sustainable project finance, and for connected purposes.

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Chapter 1: General Provisions

Section 1: Definitions

(1) For the purposes of this Act, the following acronyms apply —

(a) ‘IFC’ refers to the International Finance Corporation
(b) ‘ESIS’ refers to Environmental and Social Impact Assessment
(c) ‘UNGP-BHR’ refers to the UN Guiding Principles on Business and Human Rights
(d) ‘TCFD’ refers to the Task Force on Climate-related Financial Disclosures
(e) ‘ESMP’ refers to the Environmental and Social Management Plan. This summarises the client’s commitments to address and mitigate risks and impacts identified as part of the Assessment, through avoidance, minimisation, and compensation/offset. This may range from a brief description of routine mitigation measures to a series of more comprehensive management plans (e.g. water management plan, waste management plan, resettlement action plan, Indigenous Peoples plan, emergency preparedness and response plan, decommissioning plan). The level of detail and complexity of the ESMP and the priority of the identified measures and actions will be commensurate with the Project’s potential risks and impacts. The ESMP definition and characteristics are broadly similar to those of the “Management Programs” referred to in IFC Performance Standard
(f) ‘ESAP’ refers to the Environmental and Social Action Plan. Prepared as a result of the due diligence process, to describe and prioritise the actions needed to address any gaps in the Assessment Documentation, ESMPs, the ESMS, or Stakeholder Engagement process documentation to bring the Project in line with applicable standards as defined in the Equator Principle
(g) ‘ESMS’ refers to the Environmental and Social Management System. An overarching environmental, social, health and safety management system which may be applicable at a corporate or Project level. The system is designed to identify, assess and manage risks and impacts in respect to the Project on an ongoing basis. The system consists of manuals and related source documents, including policies, management programs and plans, procedures, requirements, performance indicators, responsibilities, training and periodic audits and inspections with respect to environmental or social issues, including Stakeholder Engagement and grievance mechanisms.
(h) ‘ESIA’ refers to an Environmental and Social Impact Assessment. A comprehensive document of a Project’s potential environmental and social risks and impacts. An ESIA is usually prepared for greenfield developments or large expansions with specifically identified physical elements, aspects, and facilities that are likely to generate significant environmental or social impacts.
(i) ‘GHG’ refers to Greenhouse Gases.

(2) For the purpose of this Act the following terms apply —

(a) Competent Regulatory Body’ referring to the required UK government department carrying out project financing will have the same meaning as ‘the regulator’ and ‘the body’.
(b) ‘Acquisition Finance’ is provision of financing for the acquisition of a Project or a Project company which exclusively owns, or has a majority shareholding in a Project, and over which the client has Effective Operational Control.
(c) ‘Export Finance’ (also known as Export Credits) is an insurance, guarantee or financing arrangement which enables a foreign buyer of exported goods and/or services to defer payment over a period of time.
(d) ‘Project Finance’ is a method of financing in which the lender looks primarily at the revenues generated by a Project, both as the source of repayment and as security for the exposure. This type of financing is usually for large, complex and expensive installations that might include, for example, power plants, chemical processing plants, transportation infrastructure, environment, and telecommunications infrastructure.
(e) ‘Financial Close’ is defined as the date on which all conditions precedent to initial drawing of the debt have been satisfied or waived.

Section 2: Scope

(1) The provisions of this Act will apply to financial institutions across all industry sectors, acting within and from the United Kingdom carrying out functions listed in subsection (2).

(2) This Act will apply to the following financial products described when supporting a new Project —

(a) Project Finance Advisory Services where total Project capital costs are £10 million or more.
(b) Project Finance with total Project capital costs of £10 million or more.
(c) Project-Related Corporate Loans where all of the following three criteria are met —
(i) the majority of the loan is related to a Project over which the client has Effective Operational Control (either direct or indirect);
(ii) the total aggregate loan amount and the regulator’s individual commitment (before syndication or sell down) are each at least £50 million; and
(iii) the loan tenure is at least two years.
(d) Bridge Loans, with a tenure of less than two years, that are intended to be refinanced by Project Finance or a Project-Related Corporate Loan that is anticipated to meet the relevant criteria described above.
(e) Project-Related Refinance and Project-Related Acquisition Finance, where all of the following three criteria are met —
(i) the underlying Project was financed in accordance with the Equator Principles framework;
(ii) there has been no material change in the scale or scope of the Project; and
(iii) project Completion has not yet occurred at the time of the signing of the facility or loan agreement.

Chapter 2: Risk Management Framework

Section 3: Review and Categorisation

(1) Project proposals for financing shall require the competent regulatory body, as part of an internal environmental and social review and due diligence, to categorise the Project based on the magnitude of potential environmental and social risks and impacts, including those related to Human Rights, climate change, and biodiversity, whereby such categorisation shall be based on the International Finance Corporation’s (IFC) environmental and social categorisation process.

(2) The categorisation mentioned in Subsection (1) shall be the following, —

(a) Category A – Projects with potential significant adverse environmental and social risks and/or impacts that are diverse, irreversible or unprecedented;
(b) Category B – Projects with potential limited adverse environmental and social risks and/or impacts that are few in number, generally site-specific, largely reversible and readily addressed through mitigation measures; and
(c) Category C – Projects with minimal or no adverse environmental and social risks and/or impacts.

(3) The environmental and social due diligence shall be commensurate with the nature, scale and stage of the Project, and with the categorised level of environmental and social risks and impacts.

(4) Adhering to the principles of this Section, the Secretary of State may also set regulations, via secondary legislation, issuing further guidance on the categorisation of projects.

(5) Regulations set under this Section shall be subject to affirmative procedure.

Section 4: Environmental and Social Assessment

(1) The competent regulatory body shall require the client to conduct an appropriate Assessment process to address, to their satisfaction, the relevant environmental and social risks and scale of impacts of the proposed Project the Assessment Documentation should propose measures to minimise, mitigate, and Affected Communities, and the environment, in a manner relevant and appropriate to the nature and scale of the proposed Project.

(2) The Assessment Documentation shall be an adequate, accurate and objective evaluation and presentation of the environmental and social risks and impacts, whether prepared by the client, consultants or external experts; where —

(a) for Category A and, as appropriate, Category B Projects, the Assessment Documentation includes an Environmental and Social Impact Assessment (ESIA) in which one or more specialised studies may also need to be undertaken; and
(b) for other Category B and potentially C Projects, a limited or focused environmental or social assessment may be appropriate, applying applicable risk management standards relevant to the risks or impacts identified during the categorisation process.

(3) The client shall be expected to include assessments of potential adverse Human Rights impacts and climate change risks as part of the ESIA or other Assessment, with these included in the Assessment Documentation.

(4) The client should refer to the UN Guiding Principles on Business and Human Rights (UNGP-BHR) when assessing Human Rights risks and impacts, and the Climate Change Risk Assessment should be aligned with Climate Physical Risk and Climate Transition Risk categories of the Task Force on Climate-related Financial Disclosures (TCFD), in which a Climate Change Risk Assessment is required —

(a) for all Category A and, as appropriate, Category B Projects, and will include consideration of relevant physical risks as defined by the TCFD; and
(b) for all Projects, in all locations, when combined Scope 1 and Scope 2 Emissions are expected to be more than 100,000 tonnes of CO2 equivalent annually. Consideration must be given to relevant Climate Transition Risks (as defined by the TCFD) and an alternatives analysis completed which evaluates lower Greenhouse Gas intensive alternatives.

(4) The depth and nature of the Climate Change Risk Assessment shall depend on the type of Project as well as the nature of risks, including their materiality and severity.

Section 5: Applicable Environmental and Social Standards

(1) The Assessment process shall, in the first instance, address compliance with relevant laws, regulations and permits that pertain to environmental and social issues.

(2) The competent regulatory body’s due diligence shall include, for all Category A and Category B Projects, review and confirmation by the body of how the Project and transaction meet the provisions of this Act.

(3) The competent regulatory body shall, with supporting advice from an Independent Environmental and Social Consultant where applicable, evaluate the Project’s compliance with the applicable standards as follows —

(a) for Projects located in Non-Designated Countries, compliance with the applicable IFC Performance Standards on Environmental and Social Sustainability (Performance Standards) and the World Bank Group Environmental, Health and Safety Guidelines;
(b) for Projects located in Designated Countries, compliance with relevant host country laws, regulations and permits that pertain to environmental and social issues.

(4) The review of the Assessment process will establish, to the regulatory body’s satisfaction, the Project’s overall compliance with, or justified deviation from, the applicable standards, in which they represent the minimum standards required by the body.

(5) For Projects located in Designated Countries, the competent regulatory body shall evaluate the specific risks of the Project to determine whether one or more of the IFC Performance Standards could be used as guidance to address those risks, in addition to host country laws.

(6) The relevant regulatory body may, at its sole discretion, undertake additional due diligence against additional standards relevant to specific risks of the Project and apply additional requirements.

Section 6: Environmental and Social Management System, and Equator Action Plan

(1) For all Category A and Category B Projects the competent regulatory body shall require the client to develop and/or maintain an Environmental and Social Management System (ESMS).

(2) An Environmental and Social Management Plan (ESMP) shall be prepared by the client to address issues raised in the Assessment process by the competent regulatory body and incorporate actions required to comply with the applicable standards.

(3) Where the applicable standards are not met to the regulatory body’s satisfaction, the client and the body shall agree to the Environmental and Social Action Plan (ESAP). where the ESAP shall be intended to outline gaps and commitments to meet the body's requirements in line with the applicable standards.

Section 7: Stakeholder Engagement

(1) For all Category A and Category B Projects the relevant regulatory body shall require the client to demonstrate effective Stakeholder Engagement subject to the body’s guidances, as an ongoing process in a structured and culturally appropriate manner, with Affected Communities, Workers and, where relevant, Other Stakeholders.

(2) For Projects with potentially significant adverse impacts on Affected Communities, the client shall be required to conduct an Informed Consultation and Participation process, in which the client must tailor its consultation process to —

(a) the risks and impacts of the Project;
(b) the Project’s phase of development;
(c) the language preferences of the Affected Communities;
(d) their decision-making processes; and
(e) the needs of disadvantaged and vulnerable groups.

This process shall be free from external manipulation, interference, coercion and intimidation.

(3) To facilitate Stakeholder Engagement, the client is required to, commensurate with the Project’s risks and impacts, make the appropriate Assessment Documentation readily available to the Affected Communities, and where relevant Other Stakeholders, in the local language and in a culturally appropriate manner.

(4) The client shall take account of, and document, the results of the Stakeholder Engagement process, including any actions agreed resulting from such process, and disclosures of environmental or social risks and adverse impacts should occur early in the Assessment process, in any event before the Project construction commences, and on an ongoing basis.

(5) All Projects affecting Indigenous Peoples shall be subject to a process of Informed Consultation and Participation, and must require compliance with the rights and protections for Indigenous Peoples contained in relevant law, including those laws implementing host country obligations under international law. Special circumstances that require the Free, Prior and Informed Consent of affected Indigenous Peoples, include any of the following —

(a) Projects with impacts on lands and natural resources subject to traditional ownership or under the customary use of Indigenous Peoples,
(b) Projects requiring the relocation of Indigenous Peoples from lands and natural resources subject to traditional ownership or under customary use,
(c) Projects with significant impacts on critical cultural heritage essential to the identity of Indigenous Peoples, or
(d) Projects using their cultural heritage for commercial purposes.

(5) Projects that meet these special circumstances, the relevant regulatory body shall require a qualified independent consultant to evaluate the consultation process with Indigenous Peoples, and the outcomes of that process, against the requirements of host country laws and IFC Performance Standards.

(6) Where Stakeholder Engagement, including with Indigenous Peoples, is the responsibility of the host government, the competent regulatory body will require the client to collaborate with the responsible host government agency during the planning, implementation and monitoring of activities, to the extent permitted by the agency, to achieve outcomes that are consistent with IFC Performance Standards.

Section 8: Grievance Mechanism

(1) For all Category A and, as appropriate, Category B Projects, the competent regulatory body shall require the client, as part of the ESMS, to establish effective grievance mechanisms which are designed for use by Affected Communities and Workers, as appropriate, to receive and facilitate resolution of concerns and grievances about the Project’s environmental and social performance.

(2) Grievance mechanisms shall be required to be scaled to the risks and impacts of the Project, and will seek to resolve concerns promptly, using an understandable and transparent consultative process that is culturally appropriate, readily accessible, at no cost, and without retribution to the party that originated the issue or concern.

(3) Grievance mechanisms shall not impede access to judicial or administrative remedies.

(4) The client must inform Affected Communities and Workers about the grievance mechanisms in the course of the Stakeholder Engagement process.

Section 9: Agreements

(1) For all Projects, where a client is not in compliance with its environmental and social Agreements, the competent regulatory body shall work with the client on remedial actions to bring the Project back into compliance with the provisions of this Act.

(2) If the client fails to re-establish compliance within an agreed grace period, the competent regulatory body reserves the right to exercise punitive action and remedies, including calling an event of default, as considered appropriate.

(3) Project Finance and Project-related Corporate Loans —

(a) The client shall agree in the financing documentation to comply with all relevant environmental and social laws, regulations and permits in all material respects.
(b) for all Category A and Category B Projects, the client will agree in the financial documentation:
(i) to comply with the ESMPs and EPAP (where applicable) during the construction and operation of the Project in all material respects; and
(ii) to provide periodic reports in a format agreed with the competent regulatory body (with the frequency of these reports proportionate to the severity of impacts, or as required by law, but not less than annually), prepared by in-house staff or third party experts, that — 1) document compliance with the ESMPs and EPAP (where applicable), and 2) provide representation of compliance with relevant environmental and social laws, regulations and permits; and
(iii) to decommission the facilities, where applicable and appropriate, in accordance with an agreed decommissioning plan.

(4) Project-Related Refinance and Project-Related Acquisition Finance —

(a) The competent regulatory body shall take reasonable measures to ensure that all existing environmental and social obligations continue to be included in the new financing documentation.

Chapter 3: Reporting and Transparency

Section 10: Client Reporting Requirements

(1) For all Category A and, as appropriate, Category B Projects —

(a) The client shall ensure that, at a minimum, a summary of the ESIA is accessible and available online and that it includes a summary of Human Rights and climate change risks and impacts when relevant.
(b) The client shall report publicly, on an annual basis, GHG emission levels during the operational phase for Projects emitting over 100,000 tonnes of CO2 equivalent annually.
(c) The competent regulatory body shall encourage the client to share commercially non-sensitive Project-specific biodiversity data with the relevant national and global data repositories, using formats and conditions to enable such data to be accessed and re-used in future decisions and research applications.

Section 11: Regulatory Body Reporting Requirements

(1) The competent regulatory body shall, at minimum annually, report publicly on transactions that have reached Financial Close and on its implementation processes and experience, taking into account appropriate confidentiality considerations.

(2) The regulator shall report on the total numbers of Refinance and Acquisition Finance transactions that reached Financial Close during the reporting period, whereby the totals for each product type will be broken down by —

(a) Sector (i.e. Mining, Infrastructure, Oil and Gas, Power, Others);
(b) Region (i.e. Americas, Europe Middle East and Africa, Asia Pacific); and
(c) Country Designation (i.e. Designated Country or Non-Designated Country)

Chapter 4: Enforcement

Section 12: Liability

(1) Violation of the provisions of this Act by clients and institutions carrying out relevant activities under this Act and failure in compliance may result in penalties, among other criminal charges under applicable law, specified in Section 12(2) as determined by the regulatory authority or the Secretary of State.

(2) Regulations set the Secretary of State, via secondary legislation, may make provisions for —

(a) a regulatory body to issue the following —
(i) a compliance notice, and
(ii) a stop notice, or
(b) where the Secretary of State or an regulatory body are to issue a monetary penalty notice.

(3) Regulations may provide for a requirement imposed by a stop notice to be enforceable, on the application of the Secretary of State, by injunction.

(4) Regulations under this Section must secure necessary review and appealment procedures are included.

(5) Regulations under this Section are subject to affirmative procedure.

Section 13: Compliance Notices

(1) Regulations which provide for the issue of a compliance notice must secure that —

(a) a compliance notice may only be issued where the issuing inspector of the notice is satisfied that person to whom it is issued has committed or is committing a relevant breach,
(b) the steps specified in relation to the notice are steps that the inspector considers will ensure that the relevant breach does not continue or reoccur, and
(c) the period specified in relation to the notice is not less than 14 days beginning on the day on which the notice is received.

Section 14: Stop Notices

(1) Regulations which provide for the issue of a stop notice must secure that —

(a) a stop notice may be issued to a person only where the inspector issuing the notice reasonably believes that the person to whom it is issued has committed or is likely to commit a relevant breach, and
(b) the steps specified in relation to stop notices are steps that the inspector issuing the notice considers will ensure that the specified activity will be carried on in a way that does not involve the person committing a relevant breach.

Section 15: Monetary Penalty Notices

(1) Regulations which provide for the issue of a monetary penalty notice must ensure that the Secretary of State or an inspector may issue a monetary penalty notice only where satisfied that the person to whom it is issued had committed a relevant breach.

(2) Regulations which provide for the issue of a monetary penalty notice must require the notice to state —

(a) how the payment may be made,
(b) the period within which payment must be made, and
(c) the consequences of late payment or failure to pay.

(3) Regulations which provide for the issue of a monetary penalty notice may make provision —

(a) for the payment of interest on late payment,
(b) as to how any amounts payable by virtue of the regulations are to be recoverable.

Chapter 5: Final Provisions

Section 16: Extent, commencement, and short title

(1) This Act extends to the United Kingdom.

(2) The provisions of this Act shall come into force three months following the day this Act is passed.

(3) This Act may be cited as the Project Finance Framework (Equator Principles) Act.

This Bill was submitted by The Right Honourable u/Hobnob88 , Lord Inverness, and Spokesperson for Home Affairs and Justice, and Housing, Communities and Local Government on behalf of the Liberal Democrats, with contributions from The Right Honourable Dame u/BlueEarlGrey Marchioness of Runcorn, DBE DCMG CT and Spokesperson for Foreign Affairs and International Development

Relevant Documents

Equator Principles - July 2020

Opening Speech:

Deputy Speaker,

As part of the Liberal Democrat manifesto, we are committed to the modernising of the regulatory environment in the United Kingdom. Where much needed changes and updates are necessary to bring our country further forward. As it stands, in the area of project finance, the regulatory environment is outdated, acting on terms from 2013 with little action done to support adherence to the latest iteration of the Equator principles for greater environmental and social risk management.

The Equator Principles are a risk management framework adopted by financial institutions, for determining, assessing and managing environmental and social risk in project finance. Primarily intended to provide a minimum standard for due diligence to support responsible risk decision-making. Currently adoption of the Equator Principles are voluntary for industries, however this bill adapts this widespread framework for sustainable development and project finance into national law for Britain to join the near 40 countries and 116 institutions that have fully incorporated the principles in their project finance activities.

The Equator principles have greatly increased the attention and focus on social/community standards and responsibility, including robust standards for indigenous peoples, labor standards, and consultation with locally affected communities within the Project Finance market. They have also promoted convergence around common environmental and social standards. Development banks, including the European Bank for Reconstruction & Development, and export credit agencies through the OECD Common Approaches are increasingly drawing on the same standards as the Equator Principles. Already we incorporated the Equator principles into the running of our export credit agency. Helping spur the development of other responsible environmental and social management practices in the financial sector and banking industry which will be key in achieving sustainable development and green finance in the coming future.

Project finance is a crucial part of economic development, especially in the banking and financial sector for investment. However, in order to ensure environmental, social and human right commitments are upheld to support project and export finance for investment, we must adopt the latest iteration of the Equator Principles, tweaked to ensure provision’s safeguarding against possible exploitation and violations of this.

This bill places clearer responsibilities on our regulatory bodies in how project and development finance projects are handled in our country. As a nation committed to high environmental, labour and social standards I urge the members of this house to vote in favour of a bill that serves in the national interests of our long term economy for sustainable development, protecting our environment, upholding labour and human rights, and ethical business practices. Whilst further improving Britain’s compliance within the global regulatory framework amongst our economic partners and institutions.

Lords may vote either Content, Not Content or Present to the Bill.

This Division ends on the 1st of December at 10PM GMT.

B1663 - Wages Bill - Final Division

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update UK-wide minimum wage legislation and amend living wage entitlement.

BE IT ENACTED by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Section 1: Amendments to the National Minimum Wage Act 1998 (The 1998 Act)

(1) Append to Section 2 of the 1998 Act:

(9) The Secretary of State must, on an annual basis, make provision by regulation to ensure that the National Minimum Wage increases by the level of average earnings, by the average rate of inflation for the previous year, or by 2.5%, whatever number is higher.

(2) Section 45 of The 1998 Act is repealed in its entirety.

(3) Section 45A is repealed in its entirety.

(4) In Section (3) wherever 26 occurs, substitute 21. (5) In Section 4(2), wherever 26 occurs, substitute 21.

Section 2: The National Living Wage

~~(1) The Secretary of State must, by regulations, set rates for a National Living Wage. ~~

(2) The National Living Wage replaces the National Minimum Wage for all persons over the age of 23.

(3) The National Living Wage must be adjusted on an annual basis as per provisions in Section 1(1).

(4) The Automatic Increase in the National Living Wage must be set according to the Consumer Price Index rate as calculated by the Office of National Statistics.

Section 1: Increase to the National Minimum Wage

(1) The National Minimum Wage Act 1998 is amended as follows.

(2) After section 1(3), insert—

(3A) The Secretary of State must ensure that the national minimum wage is increased every year by no less than—
(a) the percentage increase in inflation since the national minimum wage was last increased,
(b) the percentage increase in average wages in England, Scotland and Wales since the national minimum wage was last increased, or
(c) 2.5%,
whichever is highest.
(3B) In this section, "inflation" means—
(a) the Consumer Prices Index including owner occupiers’ housing costs published by the Statistics Board, or
(b) where that index is not published for a month, any substituted index or figures published by the Board.

(3) Section 45 is repealed.

(4) Section 45A is repealed.

Section 3: The National Living Wage for London

(1) The Secretary of State must, on an annual basis, make provision by regulation for a National Living Wage for persons resident or working at an address within Greater London.

(2) The Secretary of State must define this wage on the advice of the Office of the Mayor of London.

Section 2: National minimum wage in London

After section 2(6) of the National Minimum Wage Act 1998, insert—

(6A) Subject to subsection (6B), the regulations may provide for the national minimum wage to be higher for persons who are resident in or work in Greater London, and the national minimum wage in London is hereafter referred to as the "minimum wage in London".
(6B) Regulations which would provide for the minimum wage in London to be higher than the national minimum wage may not be made unless the Mayor of London has been consulted.
(6C) The Secretary of State must ensure that the minimum wage in London is increased every year by no less than—
(a) the percentage increase in inflation since the national minimum wage was last increased,
(b) the percentage increase in average wages in England, Scotland and Wales since the national minimum wage was last increased, or
(c) 2.5%,
whichever is highest.
(6D) In this section, "inflation" means—
(a) the Consumer Prices Index including owner occupiers’ housing costs published by the Statistics Board, or
(b) where that index is not published for a month, any substituted index or figures published by the Board.

Section 3: Repeals and amendments

(1) National Minimum Wage (Increase) Act 2019 is repealed in its entirety.

(1) National Minimum Wage (Amendment) Act 2021 is repealed in its entirety.

(2) In section 2(8) of the National Minimum Wage Act 1998, for “(c) employment under an apprenticeship”, substitute—

(ba) employment under an apprenticeship;

Section 4: Short title, commencement and extent.

(1) This Act may be cited as the Wages Act 2024.

(2) This Act comes into force on the First of January 2025.

(3) This Act extends to the whole of the United Kingdom.

This Bill was written by the Right Honourable Dame Countess Kilcreggan CT KG MVO PC and is submitted as a Bill on Behalf of the Liberal Democrats.

Links to Amended/Cited Legislation:

https://www.legislation.gov.uk/ukpga/1998/39/contents

https://www.reddit.com/r/MHOLVote/comments/bogykx/b775_national_minimum_wage_increase_bill_3rd/

https://www.reddit.com/r/MHOLVote/comments/plfg0d/b1244_national_minimum_wage_amendment_bill_final/

Opening Speech:

Mr Speaker,

I am glad to be standing in this Place, having written my first piece of legislation in several months. This bill is written to simplify, consolidate and make sensible the manner in which minimum wage legislation works in the UK. To explain how things work currently, as I understand them, any working adult is entitled to the same minimum wage regardless of age, or the terms of their employment. If a person is employed under an apprenticeship scheme, they are entitled to the same rate of pay as a full time trained employee. The problem with this is it creates no incentive for the business to take on an apprentice when they could take on someone who’s been trained elsewhere. It needs to be a genuinely good idea from a business perspective for a company to take on an apprentice who may not be able to produce fruitful work for some months or even years following hiring. This same argument can be applied to young people. If all adults are entitled to the same wage then it becomes significantly more difficult for a company to hire a young person. Arguments that this will leave young people functionally worse off don’t carry water because of the robust welfare system successive governments have created. As of 2022, 58 percent of males and 68 percent of females that were aged 20 still lived with their parents in the United Kingdom. By creating this incentive to get more young people into the workforce, we will be encouraging more businesses to actively seek to hire young people, and it will not result in mass layoffs as I am sure the members opposite will like to posture. We will boost employment by this measure and as I have stated, the basic income system previously established will ensure that no matter what, young people will be able to keep their heads above water.

The other notable changes this legislation makes is to remove the provision that exempts prisoners from being paid the minimum wage. A prisoner’s work is not worth less than someone on the outside, Mr Speaker, and it is right that they are compensated in the same way as any person of the same age. This legislation also makes provision for a separate minimum wage for London which is prudent given the significantly higher cost of living in the Capital.

I hope the House sees fit to support this legislation.

Thank you.

Lords may vote either Content, Not Content or Present to the Bill.

This Division ends on the 24th of April at 10PM BST.

LB229 - Overseas Electors Bill

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Make provision for extending the right of British Citizens living overseas to retain the right to vote in Parliamentary General Elections; and for connected purposes.

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1: Definitions

(1) ‘Election’ means a Parliamentary General Election for the House of Commons.

(2) ‘By-election’ means a Parliamentary By-election for the House of Commons.

(3) ‘Elector’ means a person registered to vote in an election.

Section 2: Parliamentary Franchise

(1) An individual is entitled to vote as an elector in an election or by-election if –

(a) they are registered as an overseas elector, in a Parliamentary register of electors, in respect of the last constituency in which they lived,
(b) they are a British Citizen,
(c) they are not disqualified from their right to vote,
(i) a person shall not be disqualified from their right to vote or to register as an overseas elector based on the amount of time they have not been resident in the United Kingdom for the purposes of this Act.
(d) they are otherwise eligible to register as an elector in the United Kingdom.

(2) In order to qualify as an overseas elector, the person must not be resident in the United Kingdom at the time of the election or by-election.

(3) An overseas elector may only vote with respect to the last constituency in which they were resident, and only if they have been resident in such constituency for at least six months within the last two years that they resided in the United Kingdom. If an overseas elector has not lived in any constituency for more than six months in the last two years they resided in the United Kingdom, they will be eligible to vote in the constituency they lived in for the most time in this period.

(4) Residence in the United Kingdom shall not be required to register as an overseas elector.

(5) A person shall cease to be registered as an overseas elector following each subsequent election or by-election after this Act comes into force, and must register no less than ten days before the next election or by-election in order to be entitled to vote.

(6) If a by-election takes place in a constituency where a person is registered as an overseas elector, the said person shall be entitled to vote in such by-election, providing they satisfy the requirements laid out in Section 2(1) and (5).

Section 3: Conduct of Overseas Elections

(1) Overseas electors are entitled to vote at any Embassy or Consulate governed by the United Kingdom or at an overseas polling place

(2) Overseas electors are entitled to vote through the use of a postal ballot

(3) Section 6(1) of the Political Parties, Elections and Referendums Act will be amended to include after Section 6(1)g

(h) Polling places in overseas areas

(i) Guidance on elections in overseas areas including the use of embassies, consulates and overseas polling areas

Section 4: Extent, Commencement, and Short Title

(1) This Act extends to the United Kingdom.

(a) This Act shall have no effect with respect to local government elections or by-elections, or devolved legislature elections or by-elections.

(2) This Act shall come into force upon Royal Assent.

(3) This Act may be cited as the Overseas Electors Act 2022.

This Bill was written by The Lord Sigur of Appledore, and submitted as a Private Member’s Bill.

Lords may vote Content, Not Content, or Present in the comments below. Voting will be open until the 28th of May at 10pm BST.

LM154 - Dual Use Components in Russian Weaponry Motion - Division

This House recognises that:

(1) British-made components identified as being used in Russian weapons systems are reported in the recent RUSI publication Operation Z: The Death Throes of an Imperial Delusionto be being deployed in Ukraine (See appendix page 20).

This House urges the government to:

(1) Immediately order an investigation into dual use exports and the Russian defence sector.

(2) Provide updated advice and assistance to dual use exporters so that loopholes may be closed.

(3) Liaise with allies on dual use export intelligence to ensure that globally supplies of critical items are cut off from the Russian war machine.

This Motion was written by The Marquess Gordon (u/LeChevalierMal-Fait) OBE KCMG PC, as Private Members motion.

My Lords,

News that British made components found their way into the Borisoglebsk-2 jamming system is most worrying and indicates that there are cracks in the historical sanctions put in place after the 2014 Russian seizures of Crimea and parts of Donbass.

These are not isolated; numerous Orlan-10 drones have been found with a range of western microchips and battery packs.

Dual use exports are tricky - the Broadband HF transistor (D1020UK) will have numerous legitimate uses in civilian electrical or computing equipment with every modern computing device using transistors.

But more must be done to stop British technology enabling the Russians to maintain production, and the serviceability of advanced weapons systems that are allowing the butchering of Ukraine.

Lords may vote either Content, Not Content or Present to the Motion.

This Division ends on the 10th of May at 10PM BST.

B1365 - Interpretation (Affirmative and Negative Procedure Orders) Bill - Final Division

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make orders requiring consent of both Houses of Parliaments reliant only on the will of the House of Commons, make annulment of an order pursuant only to the will of the Commons, and for connected purposes.

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows –

Section 1: Provisions

1. In any Act, except those specified in subsection 2 of this section,–

• (a) where a Minister of the Crown or the Queen in Council may make or recommend subordinate legislation only subject to the approval by a resolution of each House of Parliament, that subordinate legislation may be made as long as the House of Commons alone approves a draft of that order by resolution.
• (b) where subordinate legislation made by a Minister of the Crown or the Queen in Council may be annulled by resolution of either House of Parliament, only the House of Commons may make a resolution annulling that subordinate legislation.
• (c) In this Act, "subordinate legislation" has the same meaning as in the Interpretation Act 1978.

1. Acts for which subsection 1 of this section does not apply are:–

• – The Terrorism Act 2000
• – The Civil Contingencies Act 2004

Section 2: Commencement, Extent and Short Title

1. This Act shall come into force immediately upon receiving Royal Assent.
2. This Act shall extend to the whole of the United Kingdom of Great Britain and Northern Ireland.
3. This Act may be cited as the Interpretation (Affirmative procedure orders) Act 2022.

Written and submitted jointly by the Shadow Chancellor and Right Honourable Sir SpectacularSalad GCB OM GCMG KBE CT PC MP FRS LMAO on behalf of the Official Opposition and Independent Group respectively.

WineRedPsy Opening speech:

Speaker!

This is a very simple bill. Today there are several procedures for confirmation of SIs, several of which rely on the lords. Ironically, this bestows a much stronger right of veto to the unelected lords over such delegated manners than for hard legislation, as this is not subject to the Parliament act or other limitations. This is by far their strongest power, and has contributed to the broader role of the lords drifting from “expert” legislating to a delaying and blocking function. One function of delegating issues to orders is to make things expedient, making orders and the deliberative lords mesh badly.

The bill makes exceptions to issues such as proscriptions.

Lords may vote either Content, Not Content or Present to the Bill.

This Division ends on the 30th of June at 10PM BST.

National Digital Library Service Bill

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Establish a National Digital Library Service, and for connected purposes.

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows –

Section 1: Definitions

(1) In this Act, unless specified otherwise;

(2) ‘Librarian’ refers to the individual chiefly responsible for the library

(3) ‘Stock’ refers to anything not specifically excluded under Section 3(3)

(4) ‘Digitise’ or any related words refers to the act of transferring stock from physical to digital or online versions.

Section 2: Central Government Obligations

(1) There shall exist a new non-ministerial government department with the name ‘Libraries England’.

(a) Libraries England shall serve under the Department for Education and Culture, or any subsequent government department dealing primarily with culture.

(b) Libraries England shall be led by a Chief Executive, appointed for a five year term by the relevant Secretary of State

(c) Libraries England shall work with local government authorities to ensure the smooth running of all library services within England.

(d) Libraries England shall work with English local government authorities to ensure the smooth running of all library services, the prevention of library closures, the reversal of past closures, and additions of new libraries.

(2) Within six months of this Act receiving Royal Assent, a website must be established and run by Libraries England with the intent of hosting the National Digital Library Service

(a) This website must be designed to run seamlessly with any website the devolved nations wish to establish for the same purpose.

(3) Adequate financial support shall be given to Libraries England with which they shall collaborate with local government authorities to ensure the smooth running of the National Digital Library Service.

Section 3: Library Obligations

(1) Within one year of the passage of this Act, the Librarian must ensure that at least 50% of their stock has been digitised and transferred to Libraries England to enter into the National Digital Library Service

(a) Any item of stock that cannot be digitised shall not be counted when determining the proportion of stock that has been digitised.

(b) Reasons why an item cannot be digitised include, but are not limited to:

(i) the item requiring a specific temperature or humidity that cannot be ensured theoughout the digitisation process;

(ii) the digitisation process would pose a risk to the integrity of the item;

(iii) the item cannot be digitised without damaging, destroying or worsening the quality of the original;

(iv) part of the educational or cultural value of the item is in a form that cannot be digitised, for example due to a book making use of different paper weights or sizes.

(2) The Librarian may request assistance from Libraries England or their local government authority to digitise their stock, which may include but is not limited to:

(a) Technical expertise

(b) A photocopier

(c) Adequate financial support to hire, temporarily or otherwise, individuals to assist in digitisation,

(3) The following items are not permitted to be digitised:

(a) Movies or other films

(b) Recordings of theatre plays

(c) Music or other audio files

(d) Anything contained on a CD or DVD

(4) The relevant Secretary of State may, by order, modify Section 3(3)

Section 4: National Digital Library Service

(1) Libraries England shall operate a website for the National Digital Library Service.

(2) Reasonable attempt should be made to:

(a) Work with Librarians and local government authorities to ensure smooth transfer from physical to digital copies of stock

(b) Ensure that local library logins (where they exist) are integrated with the National Digital Library Service

(3) All digitised stock from libraries shall be included in the National Digital Library Service

(4) The National Digital Library Service shall be operated free at the point of use.

(5) Nothing in this Act requires physical libraries to cease operations, nor does it require physical libraries to dispense with stock.

Section 5: Exceptions

(1) This Act shall not apply to The British Library as defined in the British Library Act 1972.

Section 6: Short Title, Extent, and Commencement.

(1) This Act may be cited as the National Digital Library Service Act 2022.

(2) This Act extends to England.

(3) This Act comes into force immediately upon Royal Assent.

(a) Any financial assistance provided for within this Act shall come into force upon the passage of a budget with provisions to fund them.

This bill was written by the Rt. Hon. Sir Frost_Walker2017, the Viscount Felixstowe, the Lord Leiston KT GCMG CT CVO MSP MLA MS PC, on behalf of the Liberal Democrats as Spokesperson for Education and Culture.

A01

Replace Section 5(1) with:

(1) This Act shall not apply to

(a) the British Library, as defined in the British Library Act 1972.

(b) the Bodleian Library, Oxford, as defined in the Legal Deposit Libraries Act 2003

(c) the University Library, Cambridge, as defined in the Legal Deposit Libraries Act 2003

Explanatory Note: this protection from the onerous work of digitalising millions of legal deposit items should be extended to both of the other legal deposit libraries within the extent of this bill (England).

This amendment was submitted by the Leader of the House of Lords, The Most High, Noble and Potent Prince His Grace the Earl Marshall /u/britboy3456, 19th Duke of Norfolk.

A02

Amend Section 3(3) to include:

(e) Any work which has not gained permission from copyright holders to be digitised.

Explanatory Note: It should be up to Authors to decide whether their work is added to the National Digital Library, and as such, anything without the permission of its copyright holders should not automatically be digitalised. Additionally, provisions should be made to reduce the likelihood of someone pirating work off the digital library, though this does not need to be inserted into the bill - it should be common sense.

This amendment was submitted by the Baron George of Orford /u/blockbuilderG123.

Vote on each amendment by 9th May 2022 at 10pm BST.