Lords division · 18 Oct 2023 · No. 1

Economic Crime and Corporate Transparency Bill

Lord Garnier moved Motion A1, as an amendment to Motion A, to leave out from “House” to end and insert “do insist on its disagreement with the Commons in their Amendment 151A, do not insist on its Amendments 151B and 151C, to which the Commons have disagreed for their Reason 151D, and do propose Amendments 151E and 151F in lieu—151E As an amendment to Lords Amendment 151, in subsection (1), after first “body” insert “which is not a small organisation or which is a large organisation (see sections (Section (Failure to prevent fraud): small organisations), (Section (Failure to prevent fraud): large organisations) and (Large organisations: parent undertakings))”151F After Clause 180, insert the following new Clause—“Section (Failure to prevent fraud): small organisations(1) For the purposes of section (Failure to prevent fraud)(1) a relevant body is a “small organisation” only if the body satisfied two or more of the following conditions in the financial year of the body (“year P”) that precedes the year of the fraud offence— Turnover Not more than £10.2 million Balance sheet total Not more than £5.1 million Number of employees Not more than 50.(2) For a period that is a relevant body’s financial year but not in fact a year, the figure for turnover must be proportionately adjusted.(3) In subsection (1) the “number of employees” means the average number of persons employed by the relevant body in year P, determined as follows—(a) find for each month in year P the number of persons employed under contracts of service by the relevant body in that month (whether throughout the month or not),(b) add together the monthly totals, and(c) divide by the number of months in year P.(4) In this section—“balance sheet total”, in relation to a relevant body and a financial year—(a) means the aggregate of the amounts shown as assets in its balance sheet at the end of the financial year, or(b) where the body has no balance sheet for the financial year, has a corresponding meaning;“turnover”—(a) in relation to a UK company, has the same meaning as in Part 15 of the Companies Act 2006 (see section 474 of that Act);(b) in relation to any other relevant body, has a corresponding meaning;“year of the fraud offence” is to be interpreted in accordance with section (Failure to prevent fraud)(1).(5) The Secretary of State may by regulations modify this section (other than this subsection and subsections (6) and (8)) for the purpose of altering the meaning of “small organisation” in section (Failure to prevent fraud)(1).(6) The Secretary of State may (whether or not the power in subsection (5) has been exercised) by regulations—(a) omit the words “which is not a small organisation or” in section (Failure to prevent fraud)(1), and(b) make any modifications of this section (other than this subsection) that the Secretary of State thinks appropriate in consequence of provision made under paragraph (a).(7) Before making regulations under subsection (5) or (6) the Secretary of State must consult—(a) the Scottish Ministers, and(b) the Department of Justice in Northern Ireland.(8) Regulations under subsection (5) or (6) may make consequential amendments of section (Failure to prevent fraud: minor definitions).””The House divided:

The Contents have it

Majority 41

Contents: 245 Not Contents: 204

At a glance The Contents won by a margin of 41 votes. The Government's position was Not Content, and it lost.

How the parties voted

Contents

Labour	112
Liberal Democrat	61
Crossbench	50
Non-affiliated	13
Conservative	3
Green Party	2
Bishops	1
Ulster Unionist Party	1
Plaid Cymru	1
Democratic Unionist Party	1

Not Contents

Conservative	181
Non-affiliated	12
Crossbench	9
Lord Speaker	1
Reform UK	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 Kennedy of Southwark (Content), Baroness Wheeler (Content), The Earl of Courtown (Not Content), Baroness Williams of Trafford (Not Content).