Lords division · 4 Apr 2011 · No. 3

Public Bodies Bill [HL]

Lord Hunt of Kings Heath moved amendment 71, in clause 11, page 6, line 31, to leave out subsections (7) to (10) and insert: “(7) If, after the expiry of the 60-day period, the Minister wishes to make an order in the terms of the draft, the Minister must lay before Parliament a statement— (a) stating whether any representations were made under subsection (6)(a); and (b) if any representations were so made, giving details of them. (8) Subject to subsection (10), the Minister may after the laying of such a statement make an order in the terms of the draft if it is approved by a resolution of each House of Parliament. (9) A committee of either House charged with reporting on the draft order may, at any time after the laying of a statement under subsection (7) and before the draft order is approved by that House under subsection (8), recommend under this subsection that— (a) the draft order should be approved in its current form; (b) the draft order should be amended; (c) no further proceedings be taken in relation to the draft order; or (d) it is more appropriate for the proposals raised in the draft order to be progressed through a bill rather than a statutory instrument, having regard to— (i) the public interest in the functions or decisions of the body; (ii) the need for a body to act independently of government or ministerial direction; (iii) whether the body considers issues of national importance. (10) Where a recommendation is made by a committee of either House under subsection (9)(b) in relation to a draft order, the House may not proceed unless the recommendation is in the same session— (a) rejected by a resolution of that House; or (b) the House has approved the order as revised by the committee. (11) Where a recommendation is made by a committee of either House under subsection (9)(c) or (d) in relation to a draft order, no proceedings may be taken in that House under subsection (8) unless the recommendation is in the same session rejected by a resolution of that House. (12) If, after the expiry of the 60-day period, the Minister wishes to make an order in the terms of the revised draft with material changes, the Minister must lay before Parliament— (a) a revised draft order; and (b) a statement providing details of— (i) any representations made under subsection (6)(a); and (ii) the revisions proposed. (13) The Minister may, after laying a revised order and statement under subsection (12), make an order in the terms of the revised draft if it is approved by a resolution of each House of Parliament. (14) However, a committee of either House charged with reporting on the revised draft may, at any time after the revised draft order is laid under subsection (12) and before it is approved under subsection (13), recommend under this subsection that no further proceedings be taken in relation to the revised draft order. (15) Where a recommendation is made by a committee of either House under subsection (14) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in that House unless the recommendation is, in the same session, rejected by resolution of that House. (16) For the purposes of subsections (8) and (13), an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.” The House divided:

The Not Contents have it

Majority 60

Contents: 158 Not Contents: 218

At a glance The Not Contents won by a margin of 60 votes. The Government's position was Not Content, and it won.

How the parties voted

Contents

Labour	135
Crossbench	15
Non-affiliated	7
Independent Labour	1

Not Contents

Conservative	126
Liberal Democrat	53
Crossbench	30
Non-affiliated	7
Ulster Unionist Party	1
Independent Ulster Unionist	1

The party breakdowns are our own analysis of the official voting records (recorded votes only; they do not describe the formal whip). How we work this out.

Peers attend divisions ad hoc, so there is no did-not-vote list. Tellers are counted in the Content and Not Content totals, unlike in the Commons.

Tellers: Lord Bassam of Brighton (Content), Baroness Crawley (Content), Baroness Anelay of St Johns (Not Content), Lord Shutt of Greetland (Not Content).