Company Law Reform Bill [HL]

moved Amendment No. 325:"Page 236, line 11, at end insert—" ““( ) The company shall ensure that any documents which relate to or refer to the resolution, other than the notice of the resolution given to the Secretary of State, and which are or may become publicly available, do not give the name of the audit firm or the senior statutory auditor.”” The noble Baroness said: My Lords, I tabled this amendment before realising that the Government intended to restructure Clause 497, which is the effect of Amendments Nos. 326, 327 and 328, to which the Minister has already spoken. I could have retabled this amendment as an amendment to the Government’s amendment, but I have left it in as a probing amendment for today’s proceedings. When we debated Clause 497 in Grand Committee, it was clear that the Government see the decision not to name the auditor as being taken by the company and not the directors. The noble Lord, Lord McKenzie of Luton, said that it required a resolution of shareholders. I do not understand how a resolution of shareholders can be obtained without disclosing the name of the auditors to each of the shareholders. If that is the case, the aim of confidentiality will potentially be defeated, especially if a terrorist group or similar had purchased a small number of shares precisely to ensure that they got access to as much information as possible. The noble Lord said that he would write to me; but he did not. I have tabled the amendment to clarify the situation. I beg to move.