Localism Bill — Report (5th Day) — 10 Oct 2011 at 22:09

Clause 22 : Pay policy statements

Amendment 190

Tabled by Lord Beecham

190: Clause 22, page 26, line 13, at end insert-

"( ) The statement may include the approach that the relevant authority has adopted for selecting information on pay policy from a provider, including any potential provider, of goods and services."

Amendment 195ZAHA (to Amendment 195ZAH) not moved.

Amendment 195ZAH agreed.

Amendment 195ZAJ

Moved by Earl Attlee

195ZAJ: After Clause 31, insert the following new Clause-

"Establishment of independent panel

(1) This section applies where-

(a) an EU financial sanction to which this Part applies has been imposed by the Court of Justice; and

(b) at least one public authority has been designated under section (Designation of public authorities) and the EU financial sanction is one to which the designation applies.

(2) A Minister of the Crown must establish a panel for the purpose of carrying out any functions it may be given by or under any provision of this Part in relation to that EU financial sanction.

(3) The panel must be established before any warning notice is given to a public authority in relation to that EU financial sanction.

(4) The panel is to consist of one or more individuals appointed by a Minister of the Crown who appear to a Minister of the Crown to have suitable qualifications, expertise or experience to carry out their duties.

(5) A Minister of the Crown may invite nominations for appointment to the panel from such organisations as a Minister of the Crown considers appropriate.

(6) The validity of any acts of the panel are not affected by a vacancy among its members.

(7) A Minister of the Crown may pay to a member of the panel such fees, allowances or expenses as a Minister of the Crown may determine.

(8) A Minister of the Crown may provide such staff, accommodation or other facilities as a Minister of the Crown may consider necessary to enable the panel to carry out its functions."

Amendment 195ZAJ agreed.

Amendment 195ZAK had been withdrawn from the Marshalled List.

Clause 32 : Warning notices

Amendments 195ZAL to 195ZAZC

Moved by Earl Attlee

195ZAL: Clause 32, page 30, line 11, leave out subsection (1) and insert-

"(1) Before a public authority which has been designated under section (Designation of public authorities) can be required to make any payment under this Part in respect of an EU financial sanction to which the designation applies-

(a) a Minister of the Crown must give a warning notice under this section to the public authority;

(b) the procedures set out in the warning notice (with any changes made under subsection (7)) must be followed; and

(c) a Minister of the Crown must determine the matters mentioned in section (Matters to be determined before a final notice is given)(4)."

195ZAM: Clause 32, page 30, line 16, leave out "the Minister" and insert "a Minister of the Crown"

195ZAN: Clause 32, page 30, line 17, leave out from "Justice" to "financial" in line 18 and insert "imposing the EU"

195ZAP: Clause 32, page 30, line 24, leave out "a payment under this Part" and insert "payments under this Part (which may be or include ongoing payments)"

195ZAQ: Clause 32, page 30, line 25, leave out subsections (3) to (5) and insert-

"(3) The warning notice must also-

(a) identify the EU financial sanction to which the notice relates;

(b) specify the total amount of that sanction (see subsection (6C));

(c) if that sanction is or includes a penalty payment, specify the amount and frequency of any periodic payments that fall due from the United Kingdom under the terms of the penalty payment (see subsection (6D));

(d) set out the reasons for making the statement required by subsection (2);

(e) set out the proposed procedures and arrangements for determining the matters mentioned in section (Matters to be determined before a final notice is given)(4) (which may include arrangements for securing that matters arising under the notice are dealt together with matters arising under other warning notices given to other public authorities in respect of the same EU financial sanction);

(f) propose a timetable for those procedures and for any steps to be taken by the panel or a Minister of the Crown before any requirement to make a payment can be imposed on the authority;

(g) invite the authority to make representations to a Minister of the Crown about the matters mentioned in paragraphs (e) and (f);

(h) invite the authority to make representations to the panel (with any supporting evidence) about anything the authority considers relevant to the matters mentioned in section (Matters to be determined before a final notice is given)(4), including its response to any representations made (and any supporting evidence submitted) to the panel -

(i) by a Minister of the Crown or a government department (whether in relation to matters arising from the notice or matters arising from any other warning notice given to another public authority in relation to the same EU financial sanction);

(ii) by another public authority which has been given a warning notice in relation to the same EU financial sanction; or

(iii) by the appropriate national authority in response to an invitation under paragraph (j) included in the notice; and

(j) if the authority has mixed functions, invite the appropriate national authority to make representations about anything contained in or arising from the notice."

195ZAR: Clause 32, page 31, line 14, at end insert "of the Crown giving it"

195ZAS: Clause 32, page 31, line 15, at end insert-

"(6A) Before a Minister of the Crown gives a warning notice to the authority, the Minister of the Crown must consult the panel as to the contents of the notice (including in particular the proposed procedures and timetable mentioned in subsection (3)(e) and (f)).

(6B) If the authority has mixed functions, a Minister of the Crown must-

(a) consult the appropriate national authority before deciding to give a warning notice to the authority; and

(b) give the appropriate national authority a copy of any warning notice the Minister of the Crown decides to give.

(6C) In subsection (3)(b) the "total amount of the sanction" means the sum of the following-

(a) the amount of the lump sum (if any) due from the United Kingdom under the terms of the EU financial sanction (disregarding any amount that falls to be excluded from the lump sum by virtue of section (The EU financial sanctions to which Part 2 applies)(2)); and

(b) the total amount of the periodic payments (if any) which have fallen due from the United Kingdom on or before a day specified in the notice (disregarding any amount that falls to be excluded from any of those payments by virtue of section (The EU financial sanctions to which Part 2 applies)(2);

and the day specified for the purposes of paragraph (b) must be no later than the day on which the warning notice is given to the authority.

(6D) The periodic payments to be taken into account for the purposes of subsection (3)(c) do not include-

(a) any periodic payment taken into account in calculating the total amount of the sanction for the purposes of subsection (3)(b); or

(b) any periodic payment, or any part of a periodic payment, that falls to be excluded from the EU financial sanction by virtue of section (The EU financial sanctions to which Part 2 applies)(2)."

195ZAT: Clause 32, page 31, line 16, leave out "The Minister" and insert "A Minister of the Crown"

195ZAU: Clause 32, page 31, line 17, leave out "(3)(d)(ii)" and insert "(3)(g)"

195ZAV: Clause 32, page 31, line 17, leave out "subsection (3)(b)" and insert "section (Matters to be determined before a final notice is given)(4)"

195ZAX: Clause 32, page 31, line 18, after "authority" insert "-

(a) "

195ZAY: Clause 32, page 31, line 19, leave out "criteria,"

195ZAZ: Clause 32, page 31, line 20, leave out "(3)(b), (c) or (e)." and insert "(3)(e) and (f); and

(b) a copy of the warning notice incorporating those changes.

(7A) A Minister of the Crown must consult the panel before making any changes under subsection (7)."

195ZAZA: Clause 32, Page 31, line 21, leave out "local or"

195ZAZB: Clause 32, Page 31, line 22, leave out "subsection (3)(b)" and insert "section (Matters to be determined before a final notice is given)(4)"

195ZAZC: Clause 32, Page 31, line 24, at end insert-

"(9) In this section and section (Matters to be determined before a final notice is given) "the panel" means the panel established under section (Establishment of independent panel) to deal with the EU financial sanction to which the notice relates."

Amendments 195ZAL to 195ZAZC agreed.

Amendment 195ZAZD

Moved by Earl Attlee

195ZAZD: After Clause 32, Insert the following new Clause-

"Matters to be determined before a final notice is given

(1) This section applies where-

(a) a warning notice has been given to a public authority; and

(b) the panel has considered all representations made to it under the procedures set out in that notice.

(2) The panel must make, to a Minister of the Crown, a report on the matters to which the representations made to the panel relate.

(3) The report-

(a) may be published by the panel in such manner as the panel thinks fit and, if not published by the panel, must be published by the Minister of the Crown to whom it is made in such manner as the Minister of the Crown thinks fit;

(b) must include recommendations as to the determination of the matters mentioned in subsection (4)(a) and (b);

(c) if the authority has made representations to the panel about anything the authority considers relevant to any of the matters mentioned in paragraphs (c) to (e) of subsection (4), must include recommendations as to the determination of the matters mentioned in those paragraphs; and

(d) must include the panel's reasons for any recommendations included in the report.

(4) After having had regard to the report, a Minister of the Crown must determine the following matters-

(a) whether any acts of the authority did cause or contribute to the infraction of EU law concerned and, in relation to any periodic payments mentioned in subsection (3)(c) of section 32, whether those acts have continued and will continue to do so;

(b) the proportion of-

(i) the total amount of the sanction (as specified under subsection (3)(b) of that section), and

(ii) any periodic payments (as specified under subsection (3)(c) of that section),

that, in the light of the acts of the authority which are determined to have had or to be having an effect mentioned in paragraph (a), is to be regarded as reflecting the authority's share of the responsibility for the infraction of EU law concerned or, in relation to any such periodic payments, the continuing infraction of EU law concerned;

(c) whether the authority should be required to make any payment or payments in respect of the EU financial sanction;

(d) if so, what payment or payments the authority should make towards-

(i) the total amount of the sanction specified under subsection (3)(b) of that section; and

(ii) any periodic payments specified under subsection (3)(c) of that section; and

(e) when any such payment or payments should be made.

(5) In determining the matters mentioned in subsection (4)(c), (d) and (e) the Minister of the Crown must have regard to-

(a) the effect on the authority's finances of any amount it may be required to pay and in particular, if the authority has mixed functions, the need to avoid any prejudicial effect on the performance by the authority of its devolved functions;

(b) the determination under subsection (4)(b); and

(c) any other relevant considerations.

(6) Before making a final decision on the matters mentioned in subsection (4)(c), (d) and (e), the Minister of the Crown must invite-

(a) representations from the authority about the potential effect on its finances and, if it has mixed functions, the effect on its devolved functions of any amount it may be required to pay; and

(b) if the authority has mixed functions, representations from the appropriate national authority."

Amendment 195ZAZD agreed.

Clause 33 : EU financial sanction notices

Amendments 195ZAZE and 195ZAZF

Moved by Earl Attlee

195ZAZE: Clause 33, Page 31, line 26, leave out from "give" to end of line 30 and insert "a final notice to a public authority only if a Minister of the Crown has decided in accordance with section (Matters to be determined before a final notice is given) to impose a requirement under this Part on the authority."

195ZAZF: Clause 33, Page 31, line 31, leave out subsections (2) to (6) and insert-

"(2) The final notice must-

(a) identify the EU financial sanction to which the notice relates;

(b) specify the total amount of the sanction (see subsection (3)) and, where relevant, the amount and frequency of any future periodic payments (see subsection (4));

(c) describe the acts of the authority that a Minister of the Crown has under section (Matters to be determined before a final notice is given)(4) determined-

(i) caused or contributed to the infraction of EU law concerned, in relation to the total amount of the sanction; or

(ii) are causing or contributing to the continuing infraction of EU law concerned, in relation to any other periodic payments due from the United Kingdom;

and set out the reasons for that determination;

(d) summarise the other determinations made by a Minister of the Crown under section (Matters to be determined before a final notice is given)(4) and set out the reasons for making them;

(e) specify the amount required to be paid by the authority towards the total amount of the sanction and when it is to be paid (and if it is to be paid in instalments, the instalments and the date on which they become payable);

(f) specify the amount to be paid towards any periodic payment that falls due from the United Kingdom and the time when that amount is to be paid (or, if the notice so provides the time when two or more such amounts are to be paid);

(g) specify how and to whom payments are to be made.

(3) In subsection (2)(b), (c) and (e) the "total amount of the sanction" means the sum of the following-

(a) the amount of the lump sum (if any) due from the United Kingdom under the terms of the EU financial sanction (disregarding any amount that falls to be excluded from the lump sum by virtue of section (The EU financial sanctions to which Part 2 applies)(2)); and

(b) the total amount of the periodic payments (if any) which have fallen due from the United Kingdom on or before a day specified in the final notice (disregarding any amount that falls to be excluded from any of those payments by virtue of section (The EU financial sanctions to which Part 2 applies)(2));

and the day specified for the purposes of paragraph (b) must be no later than the day on which the final notice is given to the authority.

(4) In subsection (2)(b) "future periodic payments" means periodic payments other than-

(a) any periodic payment taken into account in calculating the total amount of the sanction; or

(b) any periodic payment, or any part of a periodic payment, that falls to be excluded from the EU financial sanction by virtue of section (The EU financial sanctions to which Part 2 applies)(2).

(5) The requirement to make payments towards periodic payments falling due from the United Kingdom after the notice is given continues so long as those periodic payments continue to fall due, unless a Minister of the Crown gives the authority a notice under this subsection terminating the requirement or varying it so as to make it less onerous for the authority.

(6) A notice under subsection (5) may be given, either on the application of the authority or without such an application, where a Minister of the Crown considers it appropriate in the light of a change in the circumstances which applied when the final notice was given or when it was last varied (as the case may be).

(7) A Minister of the Crown may-

(a) consult the panel, or refer any matter relating to the possible termination or variation of the requirement for its advice or recommendations;

(b) invite the authority to make representations; and

(c) if the authority has mixed functions, invite the appropriate national authority to make representations,

before deciding whether to terminate or vary the requirement mentioned in subsection (5).

(8) If the authority makes an application under subsection (6) a Minister of the Crown may by notice to the authority suspend the requirement until further notice (but this does not affect the liability to make any payment once the suspension is ended, unless the final notice is varied to have that effect)."

Amendments 195ZAZE and 195ZAZF agreed.

Clause 34 : Further warning notices

Amendment 195ZAZG

Moved by Earl Attlee

195ZAZG: Clause 34, Leave out Clause 34

Amendment 195ZAZG agreed.

Clause 35 : Further EU financial sanction notices

Amendment 195ZAZH

Moved by Earl Attlee

195ZAZH: Clause 35, Leave out Clause 35

Amendment 195ZAZH agreed.

Clause 36 : Meaning of "local or public authority"

Amendment 195ZAZJ

Moved by Earl Attlee

195ZAZJ: Clause 36, Leave out Clause 36

Amendment 195ZAZJ agreed.

Clause 37 : Interpretation of Part: general

Amendments 195ZAZK to 195ZAZM

Moved by Earl Attlee

195ZAZK: Clause 37, Page 34, leave out lines 16 to 23 and insert-

""the appropriate national authority", in relation to a public authority with mixed functions, has the meaning given by section (Meaning of "public authority" and related terms)(8);

"Article 260(2) proceedings" has the meaning given by section 31(8)(c);

"Court of Justice" means the Court of Justice of the European Union;

"EU financial sanction" has the meaning given by section 31(8)(a);

"final notice" means a notice under section 33;

"functions", "non-devolved functions" and "devolved functions" are to be construed in accordance with section (Meaning of "public authority" and related terms);

"infraction of EU law", in relation to an EU financial sanction, has the meaning given by section 31(8)(b);"

195ZAZL: Clause 37, Page 34, line 25, at end insert-

""periodic payment", in relation to an EU financial sanction that is or includes a penalty payment, means a payment due under the terms of the penalty payment;

"public authority" has the meaning given in section (Meaning of "public authority" and related terms)(2);

"public authority with mixed functions" has the meaning given by section (Meaning of "public authority" and related terms)(7)."

195ZAZLA: Clause 37, Page 34, line 25, at end insert-

""warning notice" means a notice under section 32."

195ZAZM: Clause 37, Page 34, line 26, leave out subsection (2)

Amendments 195ZAZK to 195ZAZM agreed.

Amendments 195ZAZMZA to 195ZAZMZK

Moved by Earl Attlee

195ZAZMZA: After Clause 37, insert the following new Clause-

"PARTEU fines: Wales

Power to require Welsh public authorities to make payments in respect of certain EU financial sanctions

(1) The Welsh Ministers may, in accordance with the provisions of this Part, require Welsh public authorities to make payments of amounts determined by the Welsh Ministers in respect of an EU financial sanction to which this Part applies.

(2) A requirement to make a payment under this Part-

(a) may only be imposed on a Welsh public authority if-

(i) the authority has been designated under section (Designation of Welsh public authorities); and

(ii) the EU financial sanction concerned is one to which the designation applies; and

(b) must be imposed by a notice given to the authority under section (Final notices) (referred to in this Part as a final notice).

(3) If a final notice is registered in accordance with rules of court or any practice direction, it is enforceable in the same manner as an order of the High Court.

(4) Any sums paid by a Welsh public authority under this Part are to be paid into the Welsh Consolidated Fund.

(5) In this Part-

(a) "EU financial sanction" means a sanction consisting of a lump sum or penalty payment (or both) imposed by the Court of Justice in Article 260(2) proceedings for an infraction of EU law;

(b) "infraction of EU law", in relation to an EU financial sanction, means the failure to comply with a judgment of the Court of Justice given in proceedings under Article 258 or 259 of the Treaty on the Functioning of the European Union; and

(c) "Article 260(2) proceedings" means proceedings under Article 260(2) of that Treaty."

195ZAZMZB: After Clause 37, insert the following new Clause-

"Duty of the Welsh Ministers to issue a policy statement

(1) The Welsh Ministers must publish a statement of policy with respect to-

(a) the designation of Welsh public authorities under section (Designation of Welsh public authorities);

(b) the imposition and variation of requirements to make payments under this Part; and

(c) such other matters relating to the operation of the provisions of this Part as the Welsh Ministers may think appropriate to include in the statement.

(2) The Welsh Ministers may from time to time revise and republish the statement of policy required by this section.

(3) A revised statement of policy may include saving or transitional provisions relating to the continued application for any purpose of any provisions of an earlier published version of the statement.

(4) The Welsh Ministers must consult such persons as the Welsh Ministers consider appropriate before publishing, or revising and republishing, the statement of policy required by this section.

(5) In exercising functions under this Part in relation to an EU financial sanction which has been or may be imposed on the United Kingdom-

(a) the Welsh Ministers, and

(b) a panel established under section (Establishment of independent panel (No.2)),

must have regard to the statement of policy most recently published under this section."

195ZAZMZC: After Clause 37, insert the following new Clause-

"The EU financial sanctions to which Part (EU fines: Wales) applies

(1) This Part applies to an EU financial sanction imposed on the United Kingdom if-

(a) the sanction is imposed after the commencement of this Part, and

(b) the Welsh Ministers certify that this Part applies to the sanction.

(2) If a certificate under subsection (1)-

(a) specifies a part or parts of the EU financial sanction concerned, and

(b) states that this Part applies only to that part, or those parts, of the sanction,

this Part applies to the sanction as if it included only that part or those parts.

(3) A certificate under subsection (1)-

(a) may make specific provision about the application of this Part to any of the following-

(i) the lump sum (if any) paid by the United Kingdom;

(ii) any periodic payment due from the United Kingdom under the terms of the EU financial sanction before the certificate is given; and

(iii) any future periodic payment that may fall due from the United Kingdom under those terms; and

(b) must be given in such form and published in such manner as the Welsh Ministers think fit.

(4) Any provision under subsection (3)(a)(iii) that is made in a certificate under subsection (1) may be varied (including in relation to its effect in relation to any periodic payment that has become due from the United Kingdom since the earlier certificate) by a further certificate under subsection (1)."

195ZAZMZD: After Clause 37, insert the following new Clause-

"Meaning of "Welsh public authority" and related terms

(1) Subsections (2) to (5) define various terms used in this Part.

(2) "Welsh public authority" means-

(a) a council of a county or county borough in Wales; or

(b) any other person or body which has any Welsh devolved functions.

(3) References to functions are to functions of a public nature.

(4) References to Welsh devolved functions are to functions which are exercisable in relation to Wales and could be conferred by provision falling within the legislative competence of the National Assembly for Wales as defined in section 108 of the Government of Wales Act 2006.

(5) The "appropriate national authority", in relation to a Welsh public authority with any functions other than Welsh devolved functions, means the following national authority or authorities (according to whichever one or more of the following paragraphs apply to that Welsh public authority)-

(a) a Minister of the Crown, if the Welsh public authority has any functions which are not devolved functions;

(b) the Scottish Ministers, if the Welsh public authority has any Scottish devolved functions; and

(c) the relevant Northern Ireland Department, if the Welsh public authority has any Northern Ireland devolved functions.

(6) In subsection (5)(a) "devolved functions" means-

(a) Welsh devolved functions;

(b) Scottish devolved functions; or

(c) Northern Ireland devolved functions.

(7) In subsections (5) and (6)-

"Northern Ireland devolved functions" means functions which could be conferred by provision included in an Act of the Northern Ireland Assembly made without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998);

"Scottish devolved functions" means functions the exercise of which would be within devolved competence (within the meaning of section 54 of the Scotland Act 1998)."

195ZAZMZE: After Clause 37, insert the following new Clause-

"Designation of Welsh public authorities

(1) The Welsh Ministers may by order designate a Welsh public authority for the purposes of this Part.

(2) The order must-

(a) specify the Welsh public authority by name;

(b) identify any EU financial sanction to which the designation applies; and

(c) describe the activities of the authority which are covered by the designation.

(3) The order may identify an EU financial sanction for the purposes of subsection (2)(b) by-

(a) specifying an EU financial sanction that has been imposed on the United Kingdom;

(b) specifying any Article 260(2) proceedings that have been commenced and providing that the designation is to apply to any EU financial sanction that may be imposed on the United Kingdom in those proceedings;

(c) specifying a judgment of the Court of Justice finding that the United Kingdom has failed to comply with an EU obligation and providing that the designation is to apply to any EU financial sanction that may be imposed on the United Kingdom for failing to comply with that judgment; or

(d) specifying or describing any proceedings under Article 258 or 259 of the Treaty on the Functioning of the European Union that have been or may be commenced and providing that the designation is to apply to any EU financial sanction that may be imposed on the United Kingdom for failing to comply with a judgment of the Court of Justice given in those proceedings.

(4) The order may, for the purposes of subsection (3)(d), describe any proceedings under Article 258 or 259 that may be commenced by reference to the subject-matter of-

(a) a Reasoned Opinion addressed to the United Kingdom under Article 258 or 259 (as the case may be); or

(b) any other document sent to the Government of the United Kingdom by the Commission of the European Union or by another member State which gives notice to the Government of the possibility of proceedings being commenced against the United Kingdom.

(5) The activities described for the purposes of subsection (2)(c) must be activities of the Welsh public authority which-

(a) are carried out in the exercise of Welsh devolved functions of the authority; and

(b) take place after the provisions of the order describing the activities come into force.

(6) The following may not be designated under this section-

(a) the National Assembly for Wales;

(b) a Minister of the Crown or a United Kingdom government department;

(c) a member of the Welsh Assembly Government;

(d) a court or tribunal.

(7) Before making an order designating a Welsh public authority the Welsh Ministers must consult-

(a) the authority concerned; and

(b) if the authority concerned has any functions other than Welsh devolved functions, the appropriate national authority.

(8) In sections (Warning notices) to (Final notices) references to "acts", in relation to a Welsh public authority which has been designated under this section, are to acts within a description of activities covered by the designation."

195ZAZMZF: After Clause 37, insert the following new Clause-

"Establishment of independent panel (No. 2)

(1) This section applies where-

(a) an EU financial sanction to which this Part applies has been imposed by the Court of Justice; and

(b) at least one Welsh public authority has been designated under section (Designation of Welsh public authorities) and the EU financial sanction is one to which the designation applies.

(2) The Welsh Ministers must establish a panel for the purpose of carrying out any functions it may be given by or under any provision of this Part in relation to that EU financial sanction.

(3) The panel must be established before any warning notice is given to a Welsh public authority in relation to that EU financial sanction.

(4) The panel is to consist of one or more individuals appointed by the Welsh Ministers who appear to the Welsh Ministers to have suitable qualifications, expertise or experience to carry out their duties.

(5) The Welsh Ministers may invite nominations for appointment to the panel from such organisations as the Welsh Ministers consider appropriate.

(6) The validity of any acts of the panel are not affected by a vacancy among its members.

(7) The Welsh Ministers may pay to a member of the panel such fees, allowances or expenses as the Welsh Ministers may determine.

(8) The Welsh Ministers may provide such staff, accommodation or other facilities as the Welsh Ministers may consider necessary to enable the panel to carry out its functions."

195ZAZMZG: After Clause 37, insert the following new Clause-

"Warning notices

(1) Before a Welsh public authority which has been designated under section (Designation of Welsh public authorities) can be required to make any payment under this Part in respect of an EU financial sanction to which the designation applies-

(a) the Welsh Ministers must give a warning notice under this section to the authority;

(b) the procedures set out in the warning notice (with any changes made under subsection (9)) must be followed; and

(c) the Welsh Ministers must determine the matters mentioned in section (Matters to be determined before a final notice is given (No. 2))(4).

(2) A warning notice is a notice stating that the Welsh Ministers, having regard to the judgment of the Court of Justice imposing the EU financial sanction, believe-

(a) that acts of the authority may have caused or contributed to the infraction of EU law for which the EU financial sanction was imposed; and

(b) that, if acts of the authority did cause or contribute to that infraction of EU law, it would be appropriate to consider requiring the authority to make payments under this Part (which may be or include ongoing payments) in respect of that financial sanction.

(3) The warning notice must also-

(a) identify the EU financial sanction to which the notice relates;

(b) specify the total amount of that sanction (see subsection (7));

(c) if that sanction is or includes a penalty payment, specify the amount and frequency of any periodic payments that fall due from the United Kingdom under the terms of the penalty payment (see subsection (8));

(d) set out the reasons for making the statement required by subsection (2);

(e) set out the proposed procedures and arrangements for determining the matters mentioned in section (Matters to be determined before a final notice is given (No. 2))(4) (which may include arrangements for securing that matters arising under the notice are dealt together with matters arising under other warning notices given to other Welsh public authorities in respect of the same EU financial sanction);

(f) propose a timetable for those procedures and for any steps to be taken by the panel or the Welsh Ministers before any requirement to make a payment can be imposed on the authority;

(g) invite the authority to make representations to the Welsh Ministers about the matters mentioned in paragraphs (e) and (f);

(h) invite the authority to make representations to the panel (with any supporting evidence) about anything the authority considers relevant to the matters mentioned in section (Matters to be determined before a final notice is given (No. 2))(4), including its response to any representations made (and any supporting evidence submitted) to the panel -

(i) by the Welsh Ministers (whether in relation to matters arising from the notice or matters arising from any other warning notice given to another Welsh public authority in relation to the same EU financial sanction);

(ii) by another Welsh public authority which has been given a warning notice in relation to the same EU financial sanction; or

(iii) by the appropriate national authority in response to an invitation under paragraph (j) included in the notice; and

(j) if the authority has any functions other than Welsh devolved functions, invite the appropriate national authority to make representations about anything contained in or arising from the notice.

(4) The warning notice may contain such other information as the Welsh Ministers consider appropriate.

(5) Before giving a warning notice to the authority, the Welsh Ministers must consult the panel as to the contents of the notice (including in particular the proposed procedures and timetable mentioned in subsection (3)(e) and (f)).

(6) If the authority has any functions other than Welsh devolved functions, the Welsh Ministers must-

(a) consult the appropriate national authority before deciding to give a warning notice to the authority; and

(b) give the appropriate national authority a copy of any warning notice the Welsh Ministers decide to give.

(7) In subsection (3)(b) the "total amount of the sanction" means the sum of the following-

(a) the amount of the lump sum (if any) due from the United Kingdom under the terms of the EU financial sanction (disregarding any amount that falls to be excluded from the lump sum by virtue of section (The EU financial sanctions to which Part (EU fines: Wales) applies)(2)); and

(b) the total amount of the periodic payments (if any) which have fallen due from the United Kingdom on or before a day specified in the notice (disregarding any amount that falls to be excluded from any of those payments by virtue of section (The EU financial sanctions to which Part (EU fines: Wales) applies)(2));

and the day specified for the purposes of paragraph (b) must be no later than the day on which the warning notice is given to the authority.

(8) The periodic payments to be taken into account for the purposes of subsection (3)(c) do not include-

(a) any periodic payment taken into account in calculating the total amount of the sanction for the purposes of subsection (3)(b); or

(b) any periodic payment, or any part of a periodic payment, that falls to be excluded from the EU financial sanction by virtue of section (The EU financial sanctions to which Part (EU fines: Wales) applies)(2).

(9) The Welsh Ministers may, after considering any representations made by the authority under subsection (3)(g) but before the matters mentioned in section (Matters to be determined before a final notice is given (No. 2))(4) are determined, give the authority-

(a) a notice stating any changes that the Welsh Ministers have decided to make to the procedures or timetable as originally set out in the warning notice under subsection (3)(e) and (f); and

(b) a copy of the warning notice incorporating those changes.

(10) The Welsh Ministers must consult the panel before making any changes under subsection (9).

(11) A warning notice given to a Welsh public authority may be withdrawn at any time before the matters mentioned in section (Matters to be determined before a final notice is given (No.2))(4) are determined, but this does not prevent another warning notice being given to the authority in relation to the same EU financial sanction.

(12) In this section and section (Matters to be determined before a final notice is given (No.2)) "the panel" means the panel established under section (Establishment of independent panel (No.2)) to deal with the EU financial sanction to which the notice relates."

195ZAZMZH: After Clause 37, insert the following new Clause-

"Matters to be determined before a final notice is given (No. 2)

(1) This section applies where-

(a) a warning notice has been given to a Welsh public authority; and

(b) the panel has considered all representations made to it under the procedures set out in that notice.

(2) The panel must make a report to the Welsh Ministers on the matters to which the representations made to the panel relate.

(3) The report-

(a) may be published by the panel in such manner as the panel thinks fit and, if not published by the panel, must be published by the Welsh Ministers in such manner as they think fit;

(b) must include recommendations as to the determination of the matters mentioned in subsection (4)(a) and (b);

(c) if the authority has made representations to the panel about anything the authority considers relevant to any of the matters mentioned in paragraphs (c) to (e) of subsection (4), must include recommendations as to the determination of the matters mentioned in those paragraphs; and

(d) must include the panel's reasons for any recommendations included in the report.

(4) After having had regard to the report, the Welsh Ministers must determine the following matters-

(a) whether any acts of the authority did cause or contribute to the infraction of EU law concerned and, in relation to any periodic payments mentioned in subsection (3)(c) of section (Warning notices), whether those acts have continued and will continue to do so;

(b) the proportion of-

(i) the total amount of the sanction (as specified under subsection (3)(b) of that section), and

(ii) any periodic payments (as specified under subsection (3)(c) of that section),

that, in the light of the acts of the authority which are determined to have had or to be having an effect mentioned in paragraph (a), is to be regarded as reflecting the authority's share of the responsibility for the infraction of EU law concerned or, in relation to any such periodic payments, the continuing infraction of EU law concerned;

(c) whether the authority should be required to make any payment or payments in respect of the EU financial sanction;

(d) if so, what payment or payments the authority should make towards-

(i) the total amount of the sanction specified under subsection (3)(b) of that section; and

(ii) any periodic payments specified under subsection (3)(c) of that section; and

(e) when any such payment or payments should be made.

(5) In determining the matters mentioned in subsection (4)(c), (d) and (e) the Welsh Ministers must have regard to-

(a) the effect on the authority's finances of any amount it may be required to pay and in particular, if the authority has any functions other than Welsh devolved functions, the need to avoid any prejudicial effect on the performance by the authority of those other functions;

(b) the determination under subsection (4)(b); and

(c) any other relevant considerations.

(6) Before making a final decision on the matters mentioned in subsection (4)(c), (d) and (e), the Welsh Ministers must invite-

(a) representations from the authority about the potential effect on its finances and, if it has any functions other than Welsh devolved functions, the effect on those other functions of any amount it may be required to pay; and

(b) if the authority has any functions other than Welsh devolved functions, representations from the appropriate national authority."

195ZAZMZJ: After Clause 37, insert the following new Clause-

"Final notices

(1) The Welsh Ministers may give a final notice to a Welsh public authority only if they have decided in accordance with section (Matters to be determined before a final notice is given (No.2)) to impose a requirement under this Part on the authority.

(2) The final notice must-

(a) identify the EU financial sanction to which the notice relates;

(b) specify the total amount of the sanction (see subsection (3)) and, where relevant, the amount and frequency of any future periodic payments (see subsection (4));

(c) describe the acts of the authority that the Welsh Ministers have under section (Matters to be determined before a final notice is given (No.2))(4) determined-

(i) caused or contributed to the infraction of EU law concerned, in relation to the total amount of the sanction; or

(ii) are causing or contributing to the continuing infraction of EU law concerned, in relation to any other periodic payments due from the United Kingdom;

and set out the reasons for that determination;

(d) summarise the other determinations made by the Welsh Ministers under section (Matters to be determined before a final notice is given (No.2))(4) and set out the reasons for making them;

(e) specify the amount required to be paid by the authority towards the total amount of the sanction and when it is to be paid (and if it is to be paid in instalments, the instalments and the date on which they become payable);

(f) specify the amount to be paid towards any periodic payment that falls due from the United Kingdom and the time when that amount is to be paid (or, if the notice so provides, the time when two or more such amounts are to be paid);

(g) specify how and to whom payments are to be made.

(3) In subsection (2)(b), (c) and (e) the "total amount of the sanction" means the sum of the following-

(a) the amount of the lump sum (if any) due from the United Kingdom under the terms of the EU financial sanction (disregarding any amount that falls to be excluded from the lump sum by virtue of section (The EU financial sanctions to which Part (EU fines: Wales) applies)(2)); and

(b) the total amount of the periodic payments (if any) which have fallen due from the United Kingdom on or before a day specified in the final notice (disregarding any amount that falls to be excluded from any of those payments by virtue of section (The EU financial sanctions to which Part (EU fines: Wales) applies)(2));

and the day specified for the purposes of paragraph (b) must be no later than the day on which the final notice is given to the authority.

(4) In subsection (2)(b) "future periodic payments" means periodic payments other than-

(a) any periodic payment taken into account in calculating the total amount of the sanction; or

(b) any periodic payment, or any part of a periodic payment, that falls to be excluded from the EU financial sanction by virtue of section (The EU financial sanctions to which Part (EU fines: Wales) applies)(2).

(5) The requirement to make payments towards periodic payments falling due from the United Kingdom after the notice is given continues so long as those periodic payments continue to fall due, unless the Welsh Ministers give the authority a notice under this subsection terminating the requirement or varying it so as to make it less onerous for the authority.

(6) A notice under subsection (5) may be given, either on the application of the authority or without such an application, where the Welsh Ministers consider it appropriate in the light of a change in the circumstances which applied when the final notice was given or when it was last varied (as the case may be).

(7) The Welsh Ministers may-

(a) consult the panel, or refer any matter relating to the possible termination or variation of the requirement for its advice or recommendations;

(b) invite the authority to make representations; and

(c) if the authority has any functions other than Welsh devolved functions, invite the appropriate national authority to make representations,

before deciding whether to terminate or vary the requirement mentioned in subsection (5).

(8) If the authority makes an application under subsection (6) the Welsh Ministers may by notice to the authority suspend the requirement until further notice (but this does not affect the liability to make any payment once the suspension is ended, unless the final notice is varied to have that effect)."

195ZAZMZK: After Clause 37, insert the following new Clause-

"Interpretation of Part: general

In this Part-

"act" includes omission;

"the appropriate national authority", in relation to a Welsh public authority with any functions other than Welsh devolved functions, has the meaning given by section (Meaning of "Welsh public authority" and related terms)(5);

"Article 260(2) proceedings" has the meaning given by section (Power to require Welsh public authorities to make payments in respect of certain EU financial sanctions)(5)(c);

"Court of Justice" means the Court of Justice of the European Union;

"EU financial sanction" has the meaning given by section (Power to require Welsh public authorities to make payments in respect of certain EU financial sanctions)(5)(a);

"final notice" means a notice under section (Final notices);

"functions" and "Welsh devolved functions" are to be construed in accordance with section (Meaning of "Welsh public authority" and related terms)(3) and (4);

"infraction of EU law", in relation to an EU financial sanction, has the meaning given by section (Power to require Welsh public authorities to make payments in respect of certain EU financial sanctions)(5)(b);

"Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975;

"periodic payment", in relation to an EU financial sanction that is or includes a penalty payment, means a payment due under the terms of the penalty payment;

"warning notice" means a notice under section (W

Debate in Parliament | Source |

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (Not-Content)Minority (Content)Turnout
Bishop1 04.2%
Con79 (+1 tell) 035.9%
Crossbench6 13.7%
DUP1 025.0%
Lab0 14 (+2 tell)6.6%
LDem44 (+1 tell) 047.9%
PC1 0100.0%
UUP1 025.0%
Total:133 1519.4%

All lords Eligible to Vote - sorted by party

Includes lords who were absent (or abstained) from this vote.

Sort by: Name | Party | Vote

NamePartyVote
The Bishop of WakefieldBishopno
The Bishop of Bath and WellsBishopabsent
The Bishop of BirminghamBishopabsent
The Bishop of BlackburnBishopabsent
The Bishop of BristolBishopabsent
The Archbishop of CanterburyBishopabsent
The Bishop of ChesterBishopabsent
The Bishop of ChichesterBishopabsent
The Bishop of DerbyBishopabsent
The Bishop of ExeterBishopabsent
The Bishop of GloucesterBishopabsent
The Bishop of GuildfordBishopabsent
The Bishop of HerefordBishopabsent
The Bishop of LeicesterBishop (front bench)absent
The Bishop of LichfieldBishopabsent
The Bishop of LiverpoolBishopabsent
The Bishop of LondonBishopabsent
The Bishop of ManchesterBishopabsent
The Bishop of NewcastleBishopabsent
The Bishop of NorwichBishop (front bench)absent
The Bishop of OxfordBishopabsent
The Bishop of Ripon and LeedsBishopabsent
The Bishop of St Edmundsbury and IpswichBishopabsent
The Archbishop of YorkBishopabsent
Lord Ahmad of WimbledonConno
Baroness Anelay of St JohnsCon (front bench)tellno
Lord Ashton of HydeConno
Lord Astor of HeverCon (front bench)no
Earl Attlee Con (front bench)no
Lord Black of BrentwoodConno
Lord Blencathra Conno
Lord Boswell of AynhoConno
Viscount Bridgeman Conno
Lord Brooke of Sutton MandevilleConno
Baroness Browning Conno
Baroness Byford Conno
The Earl of CaithnessConno
Earl Cathcart Conno
Baroness Chalker of WallaseyConno
Lord Cope of BerkeleyCon (front bench)no
Lord Cormack Conno
Lord de Mauley Con (front bench)no
Lord Deben Conno
Lord Dixon-Smith Conno
Lord Dobbs Conno
Baroness Eaton Conno
Lord Eden of WintonConno
Lord Flight Conno
Baroness Fookes Con (front bench)no
Lord Fowler Conno
Lord Gardiner of KimbleConno
Baroness Gardner of ParkesCon (front bench)no
Lord Garel-Jones Conno
Lord Glendonbrook Conno
Lord Gold Conno
Lord Goodlad Conno
Lord Hamilton of EpsomConno
Baroness Hanham Con (front bench)no
Lord Henley Con (front bench)no
Lord Hill of OarefordCon (front bench)no
Baroness Hooper Con (front bench)no
Lord Howell of GuildfordCon (front bench)no
Lord Inglewood Con (front bench)no
Lord James of BlackheathConno
Baroness Jenkin of KenningtonConno
Lord Jenkin of RodingCon (front bench)no
Lord Lexden Conno
The Earl of LindsayConno
Lord Lingfield Conno
Lord Lucas Conno
Lord Mancroft Conno
Lord Maples Conno
Lord Marland Con (front bench)no
Lord Marlesford Conno
The Duke of MontroseConno
Baroness Morris of BoltonCon (front bench)no
Lord Newton of BraintreeConno
Baroness Noakes Con (front bench)no
Lord Norton of LouthCon (front bench)no
Baroness O'Cathain Con (front bench)no
Baroness Perry of SouthwarkCon (front bench)no
Lord Popat Conno
Baroness Rawlings Con (front bench)no
Lord Reay Conno
Lord Ribeiro Conno
Lord Risby Conno
Lord Sassoon Con (front bench)no
Baroness Seccombe Conno
Lord Selkirk of DouglasConno
Baroness Shackleton of BelgraviaConno
Lord Sheikh Conno
Lord Skelmersdale Con (front bench)no
Baroness Stedman-Scott Conno
Baroness Stowell of BeestonCon (front bench)no
Lord Strathclyde Con (front bench)no
Lord Taylor of HolbeachCon (front bench)no
Lord True Conno
Lord Tugendhat Con (front bench)no
Baroness Verma Con (front bench)no
Lord Wasserman Conno
Lord Wei Conno
Baroness Wheatcroft Conno
Baroness Wilcox Con (front bench)no
Viscount Younger of LeckieConno
The Earl of ArranConabsent
Lord Ashcroft Conabsent
Viscount Astor Conabsent
Lord Baker of DorkingConabsent
Lord Ballyedmond Conabsent
Lord Bates Conabsent
Lord Bell Conabsent
Baroness Berridge Con (front bench)absent
Lord Blackwell Con (front bench)absent
Lord Blyth of RowingtonConabsent
Baroness Bottomley of NettlestoneConabsent
Lord Bowness Con (front bench)absent
Lord Brittan of SpennithorneConabsent
Lord Brougham and Vaux Con (front bench)absent
Baroness Buscombe Conabsent
Lord Campbell of AllowayCon (front bench)absent
Lord Carr of HadleyConabsent
Lord Carrington Conabsent
Lord Cavendish of FurnessConabsent
Lord Chadlington Conabsent
Lord Chilver Conabsent
Lord Coe Conabsent
Lord Colwyn Con (front bench)absent
The Earl of CourtownConabsent
Lord Crathorne Conabsent
The Earl of Crawford and BalcarresConabsent
Lord Crickhowell Con (front bench)absent
Baroness Cumberlege Conabsent
Lord Denham Conabsent
The Earl of DundeeCon (front bench)absent
Viscount Eccles Conabsent
Baroness Eccles of MoultonCon (front bench)absent
Lord Edmiston Conabsent
Lord Elton Con (front bench)absent
Lord Faulks Conabsent
Lord Feldman Conabsent
Lord Feldman of ElstreeCon (front bench)absent
Lord Fellowes of West StaffordConabsent
Earl Ferrers Conabsent
Lord Fink Conabsent
Lord Forsyth of DrumleanCon (front bench)absent
Lord Framlingham Conabsent
Lord Fraser of CarmyllieConabsent
Lord Freeman Conabsent
Lord Freud Con (front bench)absent
Lord Geddes Con (front bench)absent
Lord Glenarthur Con (front bench)absent
Lord Glentoran Conabsent
Viscount Goschen Conabsent
Lord Grade of YarmouthConabsent
Lord Green of HurstpierpointCon (front bench)absent
Lord Griffiths of FforestfachConabsent
Lord Harris of PeckhamConabsent
Lord Hayhoe Conabsent
Lord Heseltine Conabsent
Baroness Heyhoe Flint Conabsent
Lord Higgins Conabsent
Lord Hodgson of Astley AbbottsConabsent
The Earl of HomeConabsent
Lord Howard of LympneConabsent
Lord Howard of RisingConabsent
Earl Howe Con (front bench)absent
Lord Howe of AberavonConabsent
Lord Hunt of WirralCon (front bench)absent
Lord Hurd of WestwellConabsent
Baroness James of Holland ParkConabsent
Lord Jopling Con (front bench)absent
Lord Kimball Conabsent
Lord King of BridgwaterConabsent
Lord Kirkham Conabsent
Baroness Knight of CollingtreeConabsent
Lord Lamont of LerwickConabsent
Lord Lang of MonktonConabsent
Lord Lawson of BlabyCon (front bench)absent
Lord Leach of FairfordConabsent
The Earl of LiverpoolConabsent
Lord Lloyd-Webber Conabsent
The Marquess of LothianCon (front bench)absent
Lord Luke Con (front bench)absent
Lord Lyell Conabsent
Lord Macfarlane of BearsdenConabsent
Lord MacGregor of Pulham MarketCon (front bench)absent
Lord Mackay of ClashfernConabsent
Lord MacLaurin of KnebworthConabsent
Lord Magan of CastletownConabsent
Lord Mawhinney Conabsent
Lord Mayhew of TwysdenCon (front bench)absent
Lord McColl of DulwichConabsent
Baroness Miller of HendonConabsent
Lord Montagu of BeaulieuConabsent
Lord Moore of Lower MarshConabsent
Lord Moynihan Conabsent
Lord Naseby Con (front bench)absent
Baroness Neville-Jones Conabsent
Baroness Newlove Conabsent
Lord Northbrook Conabsent
Baroness Oppenheim-Barnes Conabsent
Lord Palumbo Conabsent
Lord Parkinson Conabsent
Lord Patten Conabsent
Lord Patten of BarnesConabsent
Baroness Platt of WrittleConabsent
Lord Plumb Con (front bench)absent
Lord Prior Conabsent
Lord Renfrew of KaimsthornConabsent
Lord Renton of Mount HarryCon (front bench)absent
Baroness Ritchie of BromptonConabsent
Lord Roberts of ConwyConabsent
Lord Rotherwick Conabsent
Lord Ryder of WensumConabsent
Lord Saatchi Conabsent
Lord Sainsbury of Preston CandoverConabsent
The Marquess of SalisburyConabsent
Lord Sanderson of BowdenConabsent
The Earl of SelborneCon (front bench)absent
Lord Selsdon Conabsent
Baroness Sharples Conabsent
Lord Shaw of NorthsteadCon (front bench)absent
Baroness Shephard of NorthwoldConabsent
Lord Sheppard of DidgemereConabsent
The Earl of ShrewsburyConabsent
Lord Soulsby of Swaffham PriorConabsent
Lord Spicer Conabsent
Lord St John of FawsleyConabsent
Lord Sterling of PlaistowCon (front bench)absent
Lord Stewartby Conabsent
Lord Swinfen Con (front bench)absent
Lord Tebbit Conabsent
Baroness Thatcher Conabsent
Lord Trefgarne Conabsent
Viscount Trenchard Conabsent
Lord Trimble Con (front bench)absent
Baroness Trumpington Conabsent
Viscount Ullswater Con (front bench)absent
Lord Vinson Conabsent
Lord Waddington Conabsent
Lord Wade of ChorltonCon (front bench)absent
Lord Wakeham Con (front bench)absent
Lord Waldegrave of North HillCon (front bench)absent
Baroness Warsi Con (front bench)absent
Lord Wolfson of Aspley GuiseConabsent
Lord Wolfson of SunningdaleConabsent
Lord Young of GraffhamConabsent
Lord Stevens of LudgateConservative Independentabsent
Baroness Finlay of LlandaffCrossbenchaye
Lord Best Crossbench (front bench)no
Lord Cameron of DillingtonCrossbenchno
Viscount Colville of CulrossCrossbenchno
Viscount Craigavon Crossbench (front bench)no
Baroness Grey-Thompson Crossbenchno
Baroness Masham of IltonCrossbenchno
Lord Aberdare Crossbenchabsent
Lord Adebowale Crossbenchabsent
Baroness Afshar Crossbenchabsent
Viscount Allenby of MegiddoCrossbenchabsent
Lord Alton of LiverpoolCrossbenchabsent
Lord Armstrong of IlminsterCrossbenchabsent
Earl Baldwin of BewdleyCrossbenchabsent
Lord Barber of TewkesburyCrossbenchabsent
Lord Bew Crossbenchabsent
Lord Bichard Crossbenchabsent
Lord Bilimoria Crossbenchabsent
Lord Birt Crossbenchabsent
Lord Blair of BoughtonCrossbenchabsent
Baroness Boothroyd Crossbenchabsent
Lord Boyce Crossbenchabsent
Lord Brabazon of TaraCrossbench (front bench)absent
Lord Bramall Crossbenchabsent
Lord Bridges Crossbenchabsent
Lord Briggs Crossbenchabsent
Lord Broers Crossbench (front bench)absent
Viscount Brookeborough Crossbenchabsent
Lord Browne-Wilkinson Crossbenchabsent
Lord Browne of MadingleyCrossbenchabsent
Lord Burns Crossbenchabsent
Baroness Butler-Sloss Crossbench (front bench)absent
Lord Butler of BrockwellCrossbench (front bench)absent
Lord Cameron of LochbroomCrossbenchabsent
Baroness Campbell of LoughboroughCrossbenchabsent
Baroness Campbell of SurbitonCrossbench (front bench)absent
Lord Carey of CliftonCrossbenchabsent
Lord Carswell Crossbench (front bench)absent
Lord Chalfont Crossbenchabsent
Lord Chitnis Crossbenchabsent
Lord Chorley Crossbenchabsent
The Earl of ClancartyCrossbenchabsent
Lord Cobbold Crossbenchabsent
Lord Condon Crossbenchabsent
Baroness Coussins Crossbenchabsent
Baroness Cox Crossbenchabsent
Lord Craig of RadleyCrossbenchabsent
Lord Crisp Crossbenchabsent
Lord Cullen of WhitekirkCrossbenchabsent
Lord Currie of MaryleboneCrossbench (front bench)absent
Lord Dannatt Crossbenchabsent
Lord Dear Crossbench (front bench)absent
Baroness Deech Crossbench (front bench)absent
Lord Eames Crossbench (front bench)absent
Lord Elis-Thomas Crossbenchabsent
Lord Elystan-Morgan Crossbenchabsent
Baroness Emerton Crossbenchabsent
The Earl of ErrollCrossbenchabsent
Viscount Falkland Crossbenchabsent
Lord Fellowes Crossbench (front bench)absent
Baroness Flather Crossbenchabsent
Lord Freyberg Crossbenchabsent
Baroness Fritchie Crossbenchabsent
Lord Goff of ChieveleyCrossbenchabsent
Baroness Greenfield Crossbenchabsent
Baroness Greengross Crossbenchabsent
Lord Greenway Crossbenchabsent
Lord Griffiths Crossbenchabsent
Lord Guthrie of CraigiebankCrossbenchabsent
Lord Hall of BirkenheadCrossbenchabsent
Lord Hameed Crossbenchabsent
Lord Hannay of ChiswickCrossbench (front bench)absent
Lord Harries of PentregarthCrossbench (front bench)absent
Lord Haskins Crossbenchabsent
Lord Hastings of ScarisbrickCrossbenchabsent
Baroness Hayman Crossbenchabsent
Lord Hennessy of NympsfieldCrossbenchabsent
Lord Hoffmann Crossbenchabsent
Baroness Hogg Crossbenchabsent
Baroness Hollins Crossbenchabsent
Lord Hope of ThornesCrossbenchabsent
Baroness Howarth of BrecklandCrossbench (front bench)absent
Baroness Howe of IdlicoteCrossbenchabsent
Lord Hutton Crossbenchabsent
Lord Hylton Crossbench (front bench)absent
Lord Imbert Crossbenchabsent
Lord Inge Crossbenchabsent
Lord Janvrin Crossbenchabsent
Lord Jay of EwelmeCrossbenchabsent
Lord Jones of BirminghamCrossbenchabsent
Lord Kakkar Crossbenchabsent
Lord Kerr of KinlochardCrossbenchabsent
Lord Kilclooney Crossbenchabsent
Lord Kilpatrick of KincraigCrossbenchabsent
Lord Knights Crossbenchabsent
Lord Krebs Crossbench (front bench)absent
Lord Laming Crossbench (front bench)absent
Lord Levene of PortsokenCrossbench (front bench)absent
Lord Lewis of NewnhamCrossbenchabsent
The Earl of ListowelCrossbenchabsent
Lord Lloyd of BerwickCrossbench (front bench)absent
Lord Low of DalstonCrossbench (front bench)absent
Lord Luce Crossbenchabsent
The Earl of LyttonCrossbenchabsent
Baroness Manningham-Buller Crossbench (front bench)absent
The Countess of MarCrossbench (front bench)absent
Lord Marshall of KnightsbridgeCrossbenchabsent
Lord Martin of SpringburnCrossbenchabsent
Lord Mawson Crossbenchabsent
Lord May of OxfordCrossbenchabsent
Lord McCluskey Crossbenchabsent
Baroness McFarlane of LlandaffCrossbenchabsent
Baroness Meacher Crossbenchabsent
Lord Millett Crossbenchabsent
Lord Mogg Crossbenchabsent
Lord Molyneaux of KilleadCrossbenchabsent
Viscount Montgomery of AlameinCrossbench (front bench)absent
Lord Moran Crossbenchabsent
Baroness Morgan of DrefelinCrossbenchabsent
Lord Moser Crossbenchabsent
Baroness Murphy Crossbenchabsent
Lord Mustill Crossbenchabsent
Lord Neill of BladenCrossbenchabsent
Baroness Neuberger Crossbench (front bench)absent
Lord Nicholls of BirkenheadCrossbenchabsent
Lord Nickson Crossbenchabsent
The Duke of NorfolkCrossbenchabsent
Lord Northbourne Crossbenchabsent
Baroness O'Loan Crossbench (front bench)absent
Baroness O'Neill of BengarveCrossbenchabsent
Lord Ouseley Crossbenchabsent
Lord Owen Crossbenchabsent
Lord Oxburgh Crossbench (front bench)absent
Lord Palmer Crossbench (front bench)absent
Lord Pannick Crossbench (front bench)absent
Lord Patel Crossbench (front bench)absent
Earl Peel Crossbench (front bench)absent
Lord Powell of BayswaterCrossbench (front bench)absent
Baroness Prashar Crossbenchabsent
Lord Quirk Crossbench (front bench)absent
Lord Ramsbotham Crossbenchabsent
Lord Rana Crossbenchabsent
Lord Rees-Mogg Crossbench (front bench)absent
Lord Rees of LudlowCrossbench (front bench)absent
Lord Renwick of CliftonCrossbenchabsent
Baroness Richardson of CalowCrossbenchabsent
Lord Rix Crossbenchabsent
The Earl of RosslynCrossbenchabsent
Lord Rowe-Beddoe Crossbenchabsent
Lord Sacks Crossbenchabsent
Lady Saltoun of AbernethyCrossbenchabsent
The Earl of SandwichCrossbench (front bench)absent
Lord Saville of NewdigateCrossbenchabsent
Lord Scott of FoscoteCrossbenchabsent
Lord Skidelsky Crossbenchabsent
Viscount Slim Crossbenchabsent
Lord Smith of KelvinCrossbenchabsent
The Earl of SnowdonCrossbenchabsent
Lord St John of BletsoCrossbench (front bench)absent
The Earl of StairCrossbenchabsent
Baroness Stern Crossbench (front bench)absent
Lord Stern of BrentfordCrossbenchabsent
Lord Stevens of KirkwhelpingtonCrossbenchabsent
Lord Stevenson of CoddenhamCrossbenchabsent
Lord Steyn Crossbenchabsent
Lord Stirrup Crossbenchabsent
Lord Sutherland of HoundwoodCrossbenchabsent
Lord Tanlaw Crossbenchabsent
Lord Templeman Crossbenchabsent
Viscount Tenby Crossbenchabsent
Lord Thomas of SwynnertonCrossbenchabsent
Lord Tombs Crossbench (front bench)absent
Lord Turnbull Crossbench (front bench)absent
Lord Turner of EcchinswellCrossbenchabsent
Baroness Valentine Crossbenchabsent
Lord Vincent of ColeshillCrossbenchabsent
Lord Walker of AldringhamCrossbenchabsent
Lord Walpole Crossbench (front bench)absent
Lord Walton of DetchantCrossbenchabsent
Baroness Warnock Crossbenchabsent
Viscount Waverley Crossbenchabsent
Lord Weidenfeld Crossbenchabsent
Lord Williamson of HortonCrossbenchabsent
Lord Wilson of DintonCrossbenchabsent
Lord Wilson of TillyornCrossbenchabsent
Lord Woolf Crossbenchabsent
Lord Wright of RichmondCrossbenchabsent
Baroness Young of HornseyCrossbench (front bench)absent
Lord Browne of BelmontDUPno
Lord Bannside DUPabsent
Lord Morrow DUPabsent
Baroness Paisley of St George'sDUPabsent
Lord Stoddart of SwindonIndependent Labourabsent
Lord Brown of Eaton-under-HeywoodJudgeabsent
Baroness Clark of CaltonJudgeabsent
Lord Clarke of Stone-cum-EbonyJudgeabsent
Lord Collins of MapesburyJudgeabsent
Baroness Hale of RichmondJudgeabsent
Lord Hardie Judgeabsent
Lord Hope of CraigheadJudgeabsent
Lord Judge Judgeabsent
Lord Kerr of TonaghmoreJudgeabsent
Lord Mackay of DrumadoonJudgeabsent
Lord Mance Judgeabsent
Lord Neuberger of AbbotsburyJudgeabsent
Lord Phillips of Worth MatraversJudgeabsent
Lord Walker of GestingthorpeJudgeabsent
Lord Bassam of BrightonLab (minister)aye
Lord Beecham Lab (minister)aye
Lord Bradley Labaye
Lord Collins of HighburyLabaye
Baroness Crawley Lab (minister)aye
Baroness Dean of Thornton-le-FyldeLabaye
Lord Foulkes of CumnockLab (minister)aye
Lord Kennedy of SouthwarkLab (minister)aye
Lord McAvoy Lab (minister)aye
Lord McKenzie of LutonLab (minister)aye
Baroness Royall of BlaisdonLab (minister)aye
Baroness Scotland of AsthalLabaye
Lord Tunnicliffe Lab (minister)tellaye
Baroness Whitaker Labaye
Lord Wills Labtellaye
Lord Young of Norwood GreenLab (minister)aye
Baroness Adams of CraigieleaLababsent
Lord Adonis Lab (minister)absent
Lord Ahmed Lababsent
Lord Alli Lababsent
Lord Anderson of SwanseaLababsent
Baroness Andrews Lab (minister)absent
Lord Archer of SandwellLababsent
Baroness Armstrong of Hill TopLababsent
Lord Ashley of StokeLababsent
Lord Attenborough Lababsent
Lord Bach Lab (minister)absent
Baroness Bakewell Lababsent
Lord Barnett Lababsent
Lord Berkeley Lababsent
Lord Bhattacharyya Lababsent
Baroness Billingham Lab (minister)absent
Lord Bilston Lab (minister)absent
Baroness Blackstone Lababsent
Baroness Blood Lababsent
Lord Boateng Lababsent
Lord Borrie Lababsent
Lord Boyd of DuncansbyLababsent
Lord Bragg Lab (minister)absent
Lord Brennan Lababsent
Lord Brett Lab (minister)absent
Lord Brooke of AlverthorpeLababsent
Lord Brookman Lababsent
Lord Brooks of TremorfaLababsent
Lord Browne of LadytonLababsent
Lord Campbell-Savours Lab (minister)absent
Lord Carter of BarnesLababsent
Lord Carter of ColesLab (minister)absent
Viscount Chandos Lababsent
Lord Christopher Lab (minister)absent
Lord Clarke of HampsteadLababsent
Lord Clark of WindermereLababsent
Lord Clinton-Davis Lab (minister)absent
Baroness Cohen of PimlicoLababsent
Lord Corbett of Castle ValeLababsent
Baroness Corston Lab (minister)absent
Lord Cunningham of FellingLab (minister)absent
Lord Darzi of DenhamLababsent
Lord Davidson of Glen ClovaLab (minister)absent
Lord Davies of AbersochLababsent
Lord Davies of CoityLab (minister)absent
Lord Davies of OldhamLab (minister)absent
Lord Davies of StamfordLababsent
Lord Desai Lababsent
Lord Dixon Lababsent
Baroness Donaghy Lababsent
Lord Donoughue Lababsent
Baroness Drake Lababsent
Lord Drayson Lababsent
Lord Dubs Lab (minister)absent
Lord Eatwell Lab (minister)absent
Lord Elder Lababsent
Lord Evans of ParksideLababsent
Lord Evans of Temple GuitingLababsent
Lord Evans of WatfordLababsent
Lord Falconer of ThorotonLab (minister)absent
Baroness Falkender Lababsent
Baroness Farrington of RibbletonLababsent
Lord Faulkner of WorcesterLab (minister)absent
Lord Filkin Lababsent
Baroness Ford Lababsent
Lord Foster of Bishop AucklandLababsent
Baroness Gale Lab (minister)absent
Lord Gavron Lababsent
Baroness Gibson of Market RasenLab (minister)absent
Lord Giddens Lababsent
Lord Gilbert Lababsent
Lord Glasman Lababsent
Lord Glenamara Lababsent
Baroness Golding Lababsent
Lord Goldsmith Lab (minister)absent
Lord Gordon of StrathblaneLab (minister)absent
Baroness Goudie Lab (minister)absent
Lord Gould of BrookwoodLababsent
Baroness Gould of PotternewtonLab (minister)absent
Lord Grabiner Lababsent
Lord Graham of EdmontonLababsent
Lord Grantchester Lab (minister)absent
Lord Griffiths of Burry PortLab (minister)absent
Lord Grocott Lababsent
Viscount Hanworth Lababsent
Lord Harris of HaringeyLab (minister)absent
Lord Harrison Lab (minister)absent
Lord Hart of ChiltonLab (minister)absent
Lord Haskel Lab (minister)absent
Lord Hattersley Lababsent
Lord Haworth Lababsent
Baroness Hayter of Kentish TownLababsent
Lord Healey Lababsent
Baroness Healy of Primrose HillLababsent
Baroness Henig Lababsent
Baroness Hilton of EggardonLab (minister)absent
Lord Hollick Lab (minister)absent
Baroness Hollis of HeighamLababsent
Lord Howarth of NewportLababsent
Baroness Howells of St DavidsLababsent
Lord Howie of TroonLababsent
Lord Hoyle Lababsent
Baroness Hughes of StretfordLab (minister)absent
Lord Hughes of WoodsideLababsent
Lord Hunt of ChestertonLababsent
Lord Hunt of Kings HeathLab (minister)absent
Lord Hutton of FurnessLababsent
Lord Irvine of LairgLab (minister)absent
Lord Janner of BraunstoneLab (minister)absent
Baroness Jay of PaddingtonLab (minister)absent
Lord Joffe Lababsent
Lord Jones Lababsent
Baroness Jones of WhitchurchLab (minister)absent
Lord Jordan Lababsent
Lord Judd Lab (minister)absent
Baroness Kennedy of The ShawsLababsent
Lord Kestenbaum Lababsent
Baroness King of BowLababsent
Baroness Kingsmill Lab (minister)absent
Lord King of West BromwichLababsent
Lord Kinnock Lababsent
Baroness Kinnock of HolyheadLab (minister)absent
Lord Kirkhill Lababsent
Lord Knight of WeymouthLababsent
Lord Layard Lababsent
Lord Lea of CrondallLababsent
Lord Leitch Lababsent
Lord Levy Lababsent
Baroness Liddell of CoatdykeLababsent
Lord Liddle Lab (minister)absent
Lord Lipsey Lab (minister)absent
Baroness Lister of BurtersettLababsent
Baroness Lockwood Lababsent
Lord Lofthouse of PontefractLababsent
Lord Macaulay of BragarLababsent
Lord Macdonald of TradestonLab (minister)absent
Lord MacKenzie of CulkeinLababsent
Lord Mackenzie of FramwellgateLababsent
Baroness Mallalieu Lab (minister)absent
Lord Malloch-Brown Lababsent
Lord Mandelson Lababsent
Lord Mason of BarnsleyLababsent
Baroness Massey of DarwenLababsent
Lord Maxton Lababsent
Lord McConnell of GlenscorrodaleLababsent
Baroness McDonagh Lababsent
Lord McFall of AlcluithLababsent
Baroness McIntosh of HudnallLab (minister)absent
Lord Mitchell Lababsent
Lord Monks Lababsent
Lord Moonie Lab (minister)absent
Lord Morgan Lababsent
Baroness Morgan of ElyLababsent
Baroness Morgan of HuytonLababsent
Lord Morris of AberavonLababsent
Lord Morris of HandsworthLab (minister)absent
Lord Morris of ManchesterLababsent
Baroness Morris of YardleyLababsent
Lord Myners Lababsent
Baroness Nicol Lababsent
Lord Noon Lababsent
Baroness Nye Lababsent
Lord O'Neill of ClackmannanLab (minister)absent
Lord Parekh Lababsent
Lord Patel of BlackburnLababsent
Lord Patel of BradfordLababsent
Lord Pendry Lababsent
Lord Peston Lababsent
Baroness Pitkeathley Lab (minister)absent
Lord Plant of HighfieldLababsent
Lord Ponsonby of ShulbredeLababsent
Lord Prescott Lababsent
Baroness Prosser Lababsent
Lord Puttnam Lababsent
Baroness Quin Lab (minister)absent
Lord Radice Lababsent
Baroness Ramsay of CartvaleLab (minister)absent
Lord Rea Lababsent
Lord Reid of CardowanLababsent
Baroness Rendell of BaberghLababsent
Lord Richard Lab (minister)absent
Lord Robertson of Port EllenLababsent
Lord Rogers of RiversideLababsent
Lord Rooker Lababsent
Lord Rosser Lab (minister)absent
Lord Rowlands Lababsent
Lord Sainsbury of TurvilleLababsent
Lord Sawyer Lababsent
Lord Sewel Lab (minister)absent
Lord Sheldon Lababsent
Baroness Sherlock Lababsent
Viscount Simon Lab (minister)absent
Lord Simpson of DunkeldLababsent
Baroness Smith of BasildonLab (minister)absent
Baroness Smith of GilmorehillLababsent
Lord Smith of LeighLababsent
Lord Snape Lababsent
Lord Soley Lab (minister)absent
Lord Stevenson of BalmacaraLab (minister)absent
Lord Stone of BlackheathLababsent
Lord Sugar Lababsent
Baroness Symons of Vernham DeanLababsent
Lord Taylor of BlackburnLababsent
Baroness Taylor of BoltonLab (minister)absent
Lord Temple-Morris Lababsent
Lord Thomas of MacclesfieldLababsent
Baroness Thornton Lab (minister)absent
Lord Tomlinson Lab (minister)absent
Lord Touhig Lababsent
Lord Triesman Lab (minister)absent
Lord Turnberg Lababsent
Baroness Turner of CamdenLababsent
Baroness Vadera Lababsent
Baroness Wall of New BarnetLab (minister)absent
Lord Warner Lab (minister)absent
Baroness Warwick of UndercliffeLababsent
Lord Watson of InvergowrieLababsent
Lord Wedderburn of CharltonLababsent
Lord West of SpitheadLababsent
Baroness Wheeler Lab (minister)absent
Lord Whitty Lababsent
Baroness Wilkins Lababsent
Lord Williams of BaglanLababsent
Lord Williams of ElvelLab (minister)absent
Lord Winston Lab (minister)absent
Lord Wood of AnfieldLababsent
Lord Woolmer of LeedsLababsent
Baroness Worthington Lab (minister)absent
Lord Addington LDem (front bench)no
Lord Alderdice LDem (front bench)no
Lord Ashdown of Norton-sub-HamdonLDemno
Baroness Barker LDemno
Baroness Brinton LDemno
Lord Cotter LDemno
Lord Dholakia LDemno
Baroness Falkner of MargravineLDem (front bench)no
Baroness Garden of FrognalLDem (front bench)no
Lord German LDemno
Lord Greaves LDemno
Baroness Hamwee LDem (front bench)no
Baroness Harris of RichmondLDem (front bench)no
Lord Hussain LDemno
Baroness Hussein-Ece LDemno
Baroness Jolly LDemno
Lord Kirkwood of KirkhopeLDemno
Lord Lee of TraffordLDem (front bench)no
Lord Loomba LDemno
Baroness Maddock LDemno
Lord McNally LDem (front bench)no
Baroness Nicholson of WinterbourneLDemno
Baroness Northover LDem (front bench)no
Lord Palmer of Childs HillLDemno
Baroness Parminter LDemno
Lord Phillips of SudburyLDemno
Baroness Randerson LDemno
Lord Rennard LDem (front bench)no
Lord Roberts of LlandudnoLDemno
Baroness Scott of Needham MarketLDemno
Lord Sharkey LDemno
Baroness Sharp of GuildfordLDemno
Lord Shipley LDem (front bench)no
Lord Shutt of GreetlandLDem (front bench)tellno
Lord Stephen LDemno
Lord Stoneham of DroxfordLDemno
Lord Storey LDemno
Lord Taverne LDemno
Lord Thomas of GresfordLDemno
Baroness Thomas of WinchesterLDem (front bench)no
Lord Tope LDemno
Lord Tyler LDem (front bench)no
Lord Wallace of SaltaireLDem (front bench)no
Lord Wallace of TankernessLDem (front bench)no
Baroness Walmsley LDemno
Lord Allan of HallamLDemabsent
Lord Alliance LDemabsent
Lord Avebury LDemabsent
Baroness Benjamin LDemabsent
Baroness Bonham-Carter of YarnburyLDemabsent
Lord Bradshaw LDemabsent
Lord Burnett LDemabsent
Lord Carlile of BerriewLDem (front bench)absent
Lord Chidgey LDemabsent
Lord Clement-Jones LDem (front bench)absent
Baroness Doocey LDemabsent
Lord Dykes LDem (front bench)absent
Lord Ezra LDemabsent
Lord Fearn LDemabsent
The Earl of GlasgowLDemabsent
Lord Goodhart LDemabsent
Lord Jones of CheltenhamLDemabsent
Baroness Kramer LDemabsent
Lord Lester of Herne HillLDem (front bench)absent
Baroness Linklater of ButterstoneLDemabsent
Baroness Ludford LDemabsent
Lord Macdonald of River GlavenLDemabsent
Lord Mackie of BenshieLDemabsent
Lord Maclennan of RogartLDem (front bench)absent
The Earl of Mar and KellieLDem (front bench)absent
Lord Marks of Henley-on-ThamesLDemabsent
Lord Methuen LDem (front bench)absent
Baroness Miller of Chilthorne DomerLDemabsent
Lord Newby LDem (front bench)absent
Lord Oakeshott of Seagrove BayLDemabsent
Lord Razzall LDem (front bench)absent
Lord Redesdale LDemabsent
Lord Rodgers of Quarry BankLDem (front bench)absent
Lord Roper LDem (front bench)absent
Lord Sandberg LDemabsent
Lord Sharman LDem (front bench)absent
Lord Smith of CliftonLDem (front bench)absent
Lord Steel of AikwoodLDemabsent
Lord Strasburger LDemabsent
Lord Taylor of Goss MoorLDemabsent
Lord Teverson LDem (front bench)absent
Baroness Thomas of WalliswoodLDem (front bench)absent
Baroness Tonge LDemabsent
Lord Tordoff LDemabsent
Baroness Tyler of EnfieldLDemabsent
Lord Vallance of TummelLDemabsent
Lord Watson of RichmondLDemabsent
Baroness Williams of CrosbyLDemabsent
Lord Willis of KnaresboroughLDem (front bench)absent
Baroness Amos Non-affiliatedabsent
Lord Archer of Weston-Super-MareNon-affiliatedabsent
Baroness Ashton of UphollandNon-affiliatedabsent
Lord Bhatia Non-affiliatedabsent
Lord Black of CrossharbourNon-affiliatedabsent
The Marquess of CholmondeleyNon-affiliated (front bench)absent
Baroness D'Souza Non-affiliated (front bench)absent
Lord Hanningfield Non-affiliatedabsent
Lord Jacobs Non-affiliatedabsent
Lord Kalms Non-affiliatedabsent
Lord Paul Non-affiliatedabsent
Lord Prys-Davies Non-affiliatedabsent
Lord Simon of HighburyNon-affiliatedabsent
Lord Smith of FinsburyNon-affiliatedabsent
Lord Taylor of WarwickNon-affiliatedabsent
Lord Truscott Non-affiliatedabsent
Baroness Uddin Non-affiliatedabsent
Baroness Young of Old SconeNon-affiliatedabsent
Lord Grenfell Otherabsent
Lord Hooson Otherabsent
Lord Kingsdown Otherabsent
Lord McCarthy Otherabsent
Lord Northfield Otherabsent
Lord Randall of St BudeauxOtherabsent
Lord Wigley PCno
Lord Pearson of RannochUKIPabsent
Lord Willoughby de Broke UKIPabsent
Lord Empey UUPno
Lord Laird UUPabsent
Lord Maginnis of DrumglassUUPabsent
Lord Rogan UUPabsent

About the Project

The Public Whip is a not-for-profit, open source website created in 2003 by Francis Irving and Julian Todd and now run by Bairwell Ltd.

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