MIL-OSI UK: Lords examines Trade Bill

Source: British Parliament News

18 January 2019
The Trade Bill begins its committee stage, the first chance for line-by-line scrutiny, in the Lords on Monday 21 January.

Members are expected to discuss the prevention of customs arrangements at borders, international trade agreements and territories forming part of a customs union with the UK
Baroness Smith of Basildon (Labour) has proposed an amendment that the committee’s report is not received until the government has presented to both Houses proposals for a process for making international trade agreements once the UK is in a position to do so independently of the EU, including roles for Parliament and the devolved legislatures and administrations in relation to both a negotiating mandate and a final agreement.
If agreed to this amendment would mean that the bill would complete its committee stage in the Lords but not progress to report stage until the government’s proposals are received.
Lords second reading: Tuesday 11 September
Baroness Meyer (Conservative), made her maiden speech.
Members discussed a range of subjects covered by the bill including border arrangements in Northern Ireland, continued participation in the European medicines regulatory network and Free Trade Agreements.
Trade Bill summary
This bill aims to: 
Ensure the UK can implement any procurement obligations arising from the UK becoming a member of the Agreement of Government Procurement (GPA) in its own right.
Assist with the implementation of UK trade agreement with assisting partner countries.
Establish a new body, the Trade Remedies Authority.
Allow HM Revenue and Customs (HMRC) to collect information confirming the number of exporters of goods and services in the UK.
Establish a date sharing gateway between HMRC and other public and private bodies.
Further information
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MIL-OSI UK: Counter-Terrorism and Border Security Bill: Lords third reading

Source: British Parliament News

14 January 2019
The Counter-Terrorism and Border Security Bill has its third reading, a chance to ‘tidy up’ the bill and make changes, in the Lords on Tuesday 15 January.

Members are expected to discuss the definition of a terminally ill person and the government designation of areas outside the UK by way of regulations to be laid before parliament.
Lords report stage day two: Monday 17 December
Members discussed a range of topics including a review of proscribed organisations, the case for national identity numbers and the responsibility of the government to produce reports on individuals detained under new port and border controls.
There was one division (vote) on a proposed amendment (change) to the bill.
The vote concerned the insertion of  new provision which would require the Secretary of State to make arrangements, within six month’s of the Act’s passing, for an independent review on the government’s strategy to prevent vulnerable people being drawn into terrorism.
The provision would require any such report to:
be laid before both Houses of Parliament within 18 months of the Act’s passing
include a statement from the Secretary of State in response to all recommendations made within the review
214 members of Lords voted in favour of the amendment and 196 voted against, and so the change was made.
Third reading, a chance to ‘tidy up’ the bill and make changes, is yet to be scheduled.
Lords report stage day one: Monday 3 December
Members discussed a range of subjects including expression of support for proscribed organisations, reasons for entering or remaining in designated areas and publication of images.
There were two divisions (votes) on proposed changes (amendments) to the bill.
Members considered a change which would make it an offence for a person to express an opinion or belief that ‘supports’ a proscribed organisation, rather than using the broader meaning of  ‘is supportive of’, which could be applied to people beyond those who actually intend any wrong or harm.
93 Members were in favour of this amendment, with 198 against, and so the change was not made.
The next vote was on the addition of a number of situations in which an individual, who goes into or remains in a designated area, would not be committing an offence by that act. Such situations would include providing humanitarian aid, carrying out the work for the United Nations and working as a journalist.
220 members voted in favour of this addition and 191 voted against, and so the change was made.
Lords committee stage day four: Wednesday 14 November
Members discussed retention and protection of journalistic and legally privileged material, declaration of dual passports and access to a solicitor.
Lords committee stage day three: Monday 12 November
Members discussed a range of subjects, including the introduction of national identity numbers, continued participation in the European Arrest Warrant and biometric data.
Lords committee stage day two: Wednesday 31 October
Members discussed subjects including the act of treason in aiding a hostile state or organisation, extended sentences for terrorism offences and notification requirements.
Lords committee stage day one: Monday 29 October
Members discussed subjects including expressions of support for proscribed organisations, publication of images and seizure of articles and the movement of UK citizens in areas designated as having a risk of terrorism.
Lords second reading: Tuesday 9 October
Members discussed the pattern of radicalisation, new offences regarding expressing support for terrorist organisations and overseas travel.
Baroness Williams of Trafford (Conservative), minister of state in the Home Office, responded on behalf of the government.
Counter-Terrorism  and Border Security Bill summary
This bill aims to:
Amend certain terrorism offences for the digital age and to reflect contemporary patterns of radicalisation
Increase the maximum penalty for certain offences, ensuring the punishment better reflects the crime and better prevents re-offending
Manage offenders following their release from custody
Strengthen powers of the police to prevent and investigate terrorist offences
Harden the UK’s defences at the border against hostile state activity
Further information
Image: PA

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MIL-OSI UK: Tenant Fees Bill: Lords third reading

Source: British Parliament News

14 January 2019
The Tenant Fees Bill has its third reading, a chance to ‘tidy up’ the bill and make changes, in the Lords on Tuesday 15 January.

Members are expected to discuss two amendments relating to interest payments owed by landlords or letting agents to enforcement authorities.
Lords report stage: Tuesday 11 December
Members discussed the acceptance of multiple holding deposits for the same property, the approval and designation of client money protection schemes and the requirement to belong to such a scheme.
Lords committee stage day two: Tuesday 20 November
Members discussed the early termination of tenancies and payments in respect of identity and immigration status checks.
Report stage, a further chance to examine the bill and make changes, is scheduled for 5 December.
Lords committee stage day one: Monday 5 November
The first day of committee stage of this bill took place in Grand Committee, a room outside the Lords chamber. In Grand Committee, any member can take part and decisions on amendments can be made, but no votes can take place.
Members discussed a range of subjects, including:
the government’s duty to provide tenants with guidance on the effects of this bill
the reimbursement of costs incurred by enforcement agencies in the exercise of their duties
the requirement of tenants to make payments to cover a landlord or agent’s loss due to a breach of the tenancy contract
Lords second reading: Wednesday 10 October
Members discussed unfair letting fees, compensation payments to tenants and home share schemes.
Lord Bourne of Aberystwyth (Conservative), parliamentary under-secretary in the Department for Housing, Communities and Local Government, responded on behalf of the government.
Tenant Fees Bill summary
This bill will aim to:
make renting fairer and more affordable for tenants by reducing the costs at the outset of a tenancy
improve transparency and competition in the private rental market
ban letting fees paid by tenants in England
improve fairness, competition and affordability in the lettings sector
Further information
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MIL-OSI UK: Voyeurism (Offences) (No. 2) Bill: Lords third reading

Source: British Parliament News

14 January 2019
The Voyeurism (Offences) (No.2) Bill has its third reading, a chance to ‘tidy up’ the bill and make changes, in the Lords on Tuesday 15 January.

No changes have yet been suggested to the bill ahead of third reading. Members may discuss the progress of the bill at the conclusion of its Lords stages.
If no changes are made, then both Houses will have agreed on the text of the bill and it will await Royal Assent, when it will become an Act of Parliament (law).
Lords report stage: Tuesday 18 December
No changes were suggested to the bill ahead of report stage.
Third reading, a chance to ‘tidy up’ the bill and make changes, is yet to be scheduled.
Lords committee stage: Monday 26 November
Members discussed the recording of images which invade the privacy of persons and disclosure of images for the purposes of preventing or detecting crime.
Lords second reading: Tuesday 23 October
Members discussed a number of issues raised by the bill, including the online sharing of non-consensual intimate images, the targeting of vulnerable victims and the current Law Commission review into the classification of misogyny and misandry as hate crimes.
Lord Keen of Elie (Conservative), Lords spokesperson in the Ministry of Justice, responded on behalf of the government.
Voyeurism (Offences) (No. 2) Bill summary
This bill will aim to insert two new offences in the Sexual Offences Act 2003 to cover the practice known colloquially as ‘upskirting’.
The new offences would apply in instances when:
without consent, an individual operates equipment or records an image beneath a person’s clothing to observe their genitalia or buttocks, whether covered or uncovered by underwear garments
the offender has a motive of either obtaining sexual gratification or causing humiliation, distress or alarm to the victim.
The bill would also ensure that the most serious offenders, where the purpose of the offence is for sexual gratification, are made subject to notification requirements (often referred to as being placed on the ‘sex offenders register’).
Further information
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MIL-OSI UK: Lords examines Financial Services (Implementation of Legislation) Bill

Source: British Parliament News

07 January 2019
The Financial Services (Implementation of Legislation) Bill will have its committee stage, the first chance for line-by-line scrutiny, in the Lords on Tuesday 8 January.

Members are expected to discuss a range of subjects, including:
limiting the new regulations to ensure there are no changes in government policy other than to reflect the UK’s status as a non-EU member
ensuring the competitiveness of UK financial markets is not affected by EU withdrawal
requiring HM Treasury to begin reporting on the use of its powers by October 2019 and every six months thereafter.
Baroness McDonagh (Labour) has laid a motion against the debate, recommending that committee stage of the bill be postponed until after the scheduled date for the Lords committee stage of the Trade Bill has been published in the House of Lords Business Paper.
Lords second reading: Tuesday 4 December
Members discussed a range of issues raised by the bill, including restrictions within the EU (Withdrawal) Act 2018 on the use of delegated legislation, the accurate number of ‘in flight’ pieces of EU legislation and shortening the bill’s regulatory period following a ‘no deal’ scenario down from the current twelve-month proposal.
Lord Bates (Conservative), minister of state in the Department for International Development, responded on behalf of the government.
Financial Services (Implementation of Legislation) Bill summary
This bill will aim to provide the government with powers to implement and make changes to ‘in flight’ files of EU financial services legislation. The powers will last for two years after UK withdrawal from the EU, in the event of a ‘no-deal’ scenario.
‘In flight’ refers to pieces of EU legislation that:
have been adopted by the EU but not yet enacted, and so would not apply under the European Union (Withdrawal) Act 2018
are currently in negotiation and may be adopted up to two years following EU withdrawal
Further information
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MIL-OSI UK: Lords examines Voyeurism (Offences) (No. 2) Bill

Source: British Parliament News

19 December 2018
The Voyeurism (Offences) (No.2) Bill had its report stage, a further chance to examine the bill and make changes, in the Lords on Tuesday 18 December.

No changes were suggested to the bill ahead of report stage.
Third reading, a chance to ‘tidy up’ the bill and make changes, is yet to be scheduled.
Lords committee stage: Monday 26 November
Members discussed the recording of images which invade the privacy of persons and disclosure of images for the purposes of preventing or detecting crime.
Lords second reading: Tuesday 23 October
Members discussed a number of issues raised by the bill, including the online sharing of non-consensual intimate images, the targeting of vulnerable victims and the current Law Commission review into the classification of misogyny and misandry as hate crimes.
Lord Keen of Elie (Conservative), Lords spokesperson in the Ministry of Justice, responded on behalf of the government.
Voyeurism (Offences) (No. 2) Bill summary
This bill will aim to insert two new offences in the Sexual Offences Act 2003 to cover the practice known colloquially as ‘upskirting’.
The new offences would apply in instances when:
without consent, an individual operates equipment or records an image beneath a person’s clothing to observe their genitalia or buttocks, whether covered or uncovered by underwear garments
the offender has a motive of either obtaining sexual gratification or causing humiliation, distress or alarm to the victim.
The bill would also ensure that the most serious offenders, where the purpose of the offence is for sexual gratification, are made subject to notification requirements (often referred to as being placed on the ‘sex offenders register’).
Further information
Image: iStockphoto

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MIL-OSI UK: Mental Capacity (Amendment) Bill: Commons Stages

Source: British Parliament News

18 December 2018
MPs are to debate the second reading of the Mental Capacity (Amendment) Bill in the House of Commons on Tuesday 18 December 2018.

Second reading
The debate is expected to start at around 5pm, following the emergency debate on UK-EU Brexit negotiations.
Transcripts of proceedings in the House of Commons Chamber are available in Hansard online three hours after they happen.
Mental Capacity (Amendment) Bill
Summary of the Bill
The Bill amends the Mental Capacity Act 2005, which provides a statutory framework for people who lack capacity to make decisions for themselves. The Bill is based on the recommendations of the Law Commission report Mental Capacity and Deprivation of Liberty, which was published together with the Law Commission’s draft Bill in March 2017. 
The Government’s Mental Capacity (Amendment) Bill would reform the process for authorising arrangements which enable people, who lack capacity to consent, to be deprived of their liberty for the purpose ofdelivering their care or treatment. This Government Explanatory Notes states this will include people with severe dementia, learning disabilities, head injuries and autistic spectrum disorder.
Keep up to date with all the proceedings and documentation, including amendment papers, on the Mental Capacity (Amendment) Bill and find out how a Bill becomes an Act of Parliament.
House of Commons Library analysis
The House of Commons Library produces briefing papers to inform MPs and their staff of key issues. The papers contain factual information and a range of opinions on each subject, and aim to be politically impartial.
The Library has published a briefing paper for Second Reading.
Image: Creative Commons
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MIL-OSI UK: This week in the Commons: Friday 14 December 2018

Source: British Parliament News

14 December 2018
This week in the House of Commons MPs debated Brexit, the Ivory Bill, the Courts and Tribunals Bill and more.

Legislation
Ivory Bill
Debate on the Lords amendments to the Ivory Bill was opened by the Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs, Dr Thérèse Coffey.
The House of Commons agreed to all Lords amendments to this Bill, 1 – 78, without division. The Bill is now awaiting Royal Assent.
Courts and Tribunals (Judiciary Functions of Staff) Bill
The Commons debated the remaining stages of the Courts and Tribunals Bill, with scrutiny focused on amendments concerned with the minimum legal qualifications for court and tribunal staff and the statutory right to judicial reconsideration.
The Courts and Tribunals (Judiciary and Functions of Staff) Bill passed its third reading, 302 to 233 and will now return to the Lords.
Legislation: Private Members Bills
Two Private Members Bills were brought to the house as Ten Minute Rule Motions this week. Both were divided on, defeated and will not be introduced to the house.
‘Meaningful Vote’ debates
This week MPs were scheduled to have two days of debate on the ‘Meaningful Vote’, but following a Statement from the Prime Minister on Monday 10 December, the vote was deferred.
The Leader of the Official Opposition, Jeremy Corbyn, was granted an emergency debate by the Speaker on Tuesday 11 December.
Urgent questions and ministerial statements
This week in the Commons their were four ministerial statements and two urgent questions.
Statements
Urgent questions
Prime Minister’s Questions
On Wednesday 12 December MPs asked the Prime Minister questions on the withdrawal agreement, policing, cyber bullying and more.
Watch PMQs from this week:
Westminster Hall debates
Debates on a variety of different subjects also took place in Westminster Hall on Monday 10, Tuesday 11, Wednesday 12 and Thursday 13 December. See the Parliamentary calendar to find out what subjects were debated.
Select Committees
News from Parliamentary Select Committees, including the publication of reports and details of inquiries and evidence sessions are also available online.
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MIL-OSI UK: Courts and Tribunals Bill: Commons stages

Source: British Parliament News

12 December 2018
MPs are to debate the remaining stages of the Courts and Tribunals (Judiciary Functions of Staff) Bill in the House of Commons on Wednesday 12 December 2018.

Remaining stages
MPs are to debate the remaining stages of the Courts and Tribunals (Judiciary Functions of Staff) today in the House of Commons. Some of the amendments are concerned with the minimum legal qualifications for court and tribunal staff. The debate is expected to commence at 1.45pm, following the Ten Minute Rule Motion on International Trade and Development Agency. 
Previous Commons stages
Second reading: 27 November 2018
The Lord Chancellor and Secretary of State for Justice, David Gauke, opened the debate on behalf of the Government. Yasmin Qureshi, responded on behalf of the Opposition. 
The Bill was read a second time without a division. It was then submitted to a Public Bill Committee.Second reading is an opportunity for MPs to debate the general principles of the Bill before voting on it. MPs cannot table amendments for this stage, and hold one vote after the debate determining if the Bill will progress or fall.
Public Bill Committee: 4 December 2018
The Bill was debated in Committee stage on 4 December 2018.
Courts and Tribunals Bill
Summary of the Bill
The Courts Bill as introduced is short, containing only four clauses and a Schedule. It makes three key changes:
It makes it possible to deploy certain judicial office-holders with more flexibility throughout the courts and tribunals system than is presently allowed.
It renames the “Chief Bankruptcy Registrar” as the “Chief Insolvency and Companies Court Judge” and makes it easier for similar judicial titles to be changed by delegated legislation.
Overhauls the regulatory underpinning for delegating court functions from judges to certain court staff, and extends the availability of this delegation to the Crown Court.
Keep up to date with all the proceedings and documentation, including amendment papers, on the Courts and Tribunals Bill and find out how a Bill becomes an Act of Parliament.
House of Commons Library analysis
The House of Commons Library produces briefing papers to inform MPs and their staff of key issues. The papers contain factual information and a range of opinions on each subject, and aim to be politically impartial.
The Library has published a briefing paper for Second Reading.
Image: iStock
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MIL-OSI UK: Mental Capacity (Amendment) Bill: Lords third reading

Source: British Parliament News

10 December 2018
The Mental Capacity (Amendment) Bill has its third reading, a chance to ‘tidy up’ the bill and make changes, in the Lords, on Tuesday 11 December 2018.

Members are expected to discuss consideration of the views of any relevant person about the wishes of the cared-for person, along with the meaning of the term ‘relevant person’. 
Following the completion of third reading, the bill will go to the House of Commons for its consideration.
Lords report stage day two: Tuesday 27 November
Members are expected to discuss a range of subjects including the appointment of an Approved Mental Capacity Professional in the case of disagreement over care arrangements and the settlement of outstanding safeguarding applications prior to the commencement of Act.
There was one division (vote) on a proposed change to the bill.
The vote concerned the insertion of a new clause into the bill entitled ‘Right to Information’.
The clause would ensure that prior to any authorisation of care arrangements, the cared-for individual – or their advocate – are fully informed of their rights, and the responsible body takes necessary steps to explain all possible outcomes and the reasons why the cared-for person may be deprived of their liberty.
The rights of the cared-for individual would include:
the right to an assessment of arrangements by an Approved Mental Capacity professional
the right to an advocate
the right to challenge the authorisation of care arrangements in court
The clause would also ensure:
The Independent Mental Capacity Advocate takes necessary steps to assist the cared-for individual in understanding their care arrangements and rights
The responsible body takes responsibility for referring cases to court when the cared-for individuals exercises their right for judicial review
277 members voted in favour of the new clause and 192 voted against, and so the change was made.
Third reading, a chance to ‘tidy up’ the bill and make changes, is yet to be scheduled.
Lords report stage day one: Wednesday 21 November
Members discussed a range of subjects including education, health and care plans and deprivation of liberty.
There was also one division (vote) on proposed changes (amendments) to the bill.
Members considered a change to the bill which would ensure that the authorisation arrangements for care and treatments are necessary to prevent harm to the cared-for person.
202 members were in favour of this amendment, with 188 against, so the change was made.
Lords committee stage day three: Monday 22 October
Members discussed a range of subjects, including the restriction on power of attorneys, training for home care managers and the duties of the Care Quality Commission.
Lords committee stage day two: Monday 15 October
Members discussed a range of subjects, including the authorisation of home care arrangements, the duty of care providers to ascertain the wishes of the cared-for person and the access of NHS bodies to a clinical ethics committee.
A third day of committee stage is scheduled for 22 October.
Lords committee stage day one: Wednesday 5 September
Members discussed a range of topics, including unlawful deprivation of liberty, advance consent and training for care home managers.
Lords second reading: Monday 16 July
Baroness Barran (Conservative), chair of the Henry Smith Charity, made her maiden speech.
Lord O’Shaughnessy (Conservative), parliamentary under-secretary in the Department of Health and Social Care, responded on behalf of the government.
Mental Capacity (Amendment) Bill summary
This bill will reform the process in the Mental Capacity Act 2005 for authorising arrangements enabling the care or treatment of people who lack capacity to consent to such arrangements, which give rise to a deprivation of their liberty.
Further information
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