Company Law Reform Bill (HL). Lords Report stage second day. (Part 1 of 2)
Company Law Reform Bill [HL]
Type
Parliamentary proceeding
Reference
681 c912-83 
Session
2005-06
Legislative stage
Report stage
Chamber / Committee
House of Lords chamber
Company Law Reform Bill (HL). As amended in Grand Committee (HL). (In two volumes)
Tuesday, 25 April 2006
Bills
House of Lords
Tuesday, 25 April 2006
Bills
House of Lords
Proceeding contributions
Lord McKenzie of Luton | 681 c958-9 (Link to this contribution)
My Lords, shareholders or debenture holders in unquoted and quoted companies are entitled to request...
Baroness Noakes | 681 c959 (Link to this contribution)
My Lords, I thank the Minister for that reply, which, as usual, argues for more burdens on business ...
Show all contributions (122)
Lord Sainsbury of Turville | 681 c959 (Link to this contribution)
moved Amendments Nos. 218 to 219:"Page 190, line 19, leave out paragraph (d).""Page 190, line 21, le...
Lord Sainsbury of Turville | 681 c959-60 (Link to this contribution)
moved Amendment No. 221:"Page 191, line 3, leave out paragraph (d)."
On Question, amendment agreed ...
Baroness Noakes | 681 c955-6 (Link to this contribution)
moved Amendment No. 216:"Page 189, line 32, after ““wholly”” insert ““or mainly””"
The noble Barone...
Lord McKenzie of Luton | 681 c956-7 (Link to this contribution)
My Lords, when we debated this amendment in Grand Committee, the noble Baroness raised concerns abou...
Baroness Noakes | 681 c957-8 (Link to this contribution)
My Lords, I am very glad that the Minister said that final sentence, because I shall now modify the ...
Baroness Noakes | 681 c958 (Link to this contribution)
moved Amendment No. 217:"Page 189, line 42, at end insert—"
““( ) A demand for the purposes of...
Baroness Noakes | 681 c955 (Link to this contribution)
My Lords, I thank the Government for considering the discussion that we had in Grand Committee and p...
Lord McKenzie of Luton | 681 c955 (Link to this contribution)
moved Amendment No. 214:"Page 189, line 22, leave out from ““be”” to end of line 23 and insert ““—"
...
Lord McKenzie of Luton | 681 c965-6 (Link to this contribution)
moved Amendment No. 224:"Page 197, line 3, at end insert—"
““( ) The copy of the auditor’s rep...
Lord Hodgson of Astley Abbotts | 681 c963 (Link to this contribution)
My Lords, we then have to consult the charities. Perhaps I may say that we sat through eight days in...
Lord McKenzie of Luton | 681 c963 (Link to this contribution)
My Lords, I just itemised that, along with a couple of other amendments before us today, as somethin...
Lord Hodgson of Astley Abbotts | 681 c962-3 (Link to this contribution)
My Lords, as I said to the noble Lord, Lord Sainsbury, at an earlier stage, ““Fine words butter no p...
Lord McKenzie of Luton | 681 c966 (Link to this contribution)
moved Amendments Nos. 227 to 230:"Page 198, line 7, leave out paragraph (d).""Page 198, line 9, leav...
Lord McKenzie of Luton | 681 c966 (Link to this contribution)
moved Amendment No. 226:"Page 197, line 39, at end insert—"
““( ) The copy of the auditor’s re...
Lord McKenzie of Luton | 681 c966 (Link to this contribution)
moved Amendment No. 225:"Page 197, line 27, at end insert—"
““( ) The copy of the auditor’s re...
Lord Hodgson of Astley Abbotts | 681 c960-1 (Link to this contribution)
moved Amendment No. 223:"Page 196, line 22, leave out second ““accountant’s”” and insert ““independe...
Lord McKenzie of Luton | 681 c967-8 (Link to this contribution)
moved Amendments Nos. 252 to 266:"Page 203, line 13, leave out ““or operating and financial review””...
Lord McKenzie of Luton | 681 c967 (Link to this contribution)
moved Amendments Nos. 242 to 251:"Page 202, line 26, leave out from ““accounts”” to ““have”” in line...
Lord McKenzie of Luton | 681 c968 (Link to this contribution)
moved Amendment No. 269:"Page 205, line 41, leave out ““three”” and insert ““six””"
The noble Lord ...
Lord McKenzie of Luton | 681 c968 (Link to this contribution)
moved Amendments Nos. 267 to 268:"Page 204, line 27, leave out ““directors’ reports and operating an...
Baroness Noakes | 681 c968-9 (Link to this contribution)
moved Amendment No. 271:"Page 206, line 37, leave out ““private””"
The noble Baroness said: My Lord...
Lord McKenzie of Luton | 681 c968 (Link to this contribution)
moved Amendment No. 270:"Page 206, line 6, leave out ““directors’ report or operating and financial ...
Lord McKenzie of Luton | 681 c966-7 (Link to this contribution)
moved Amendment No. 231:"Page 199, line 32, leave out ““to 497 (signature of auditor’s report)”” and...
Lord McKenzie of Luton | 681 c967 (Link to this contribution)
moved Amendments Nos. 232 to 237:"Page 201, line 26, leave out from first ““report”” to ““or”” in li...
Baroness Noakes | 681 c967 (Link to this contribution)
moved Amendment No. 238:"Page 202, line 9, leave out ““reporting accountant”” and insert ““independe...
Lord McKenzie of Luton | 681 c967 (Link to this contribution)
moved Amendments Nos. 239 to 241:"Page 202, line 10, leave out ““, review””""Page 202, line 12, leav...
Baroness Noakes | 681 c979-80 (Link to this contribution)
My Lords, before the Minister sits down, will he explain two things? First, I think he said that the...
Lord McKenzie of Luton | 681 c977-9 (Link to this contribution)
My Lords, the Financial Reporting Review Panel—we touched on this previously—may disclose informatio...
Baroness Noakes | 681 c976-7 (Link to this contribution)
moved Amendment No. 274:"Page 207, line 27, leave out subsection (3)."
The noble Baroness said: My ...
Baroness Noakes | 681 c976 (Link to this contribution)
moved Amendment No. 273:"Page 207, line 24, at end insert—"
““( ) It does not apply to the dis...
Baroness Noakes | 681 c974 (Link to this contribution)
My Lords, I am extremely disappointed with the Minister’s response. He referred to burdens on the FR...
Lord Sharman | 681 c972 (Link to this contribution)
My Lords, I support these amendments. The noble Baroness, Lady Noakes, has spoken eloquently about t...
Lord McKenzie of Luton | 681 c972-4 (Link to this contribution)
My Lords, currently the Financial Reporting Review Panel may disclose information obtained under its...
Baroness Noakes | 681 c970-1 (Link to this contribution)
My Lords, I thank the Minister for his response and I am grateful for the illumination, which I had ...
Baroness Noakes | 681 c971-2 (Link to this contribution)
moved Amendment No. 272:"Page 207, line 23, leave out ““following exceptions”” and insert ““provisio...
Lord McKenzie of Luton | 681 c969-70 (Link to this contribution)
My Lords, as the noble Baroness has said, this is the first of a number of amendments relating to th...
Lord Sainsbury of Turville | 681 c983 (Link to this contribution)
My Lords, I beg to move that further consideration on Report be now adjourned. In moving this Motion...
Baroness Noakes | 681 c983 (Link to this contribution)
My Lords, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendment No. 27...
Baroness Noakes | 681 c980-1 (Link to this contribution)
moved Amendment No. 275:"Page 208, line 29, leave out ““sufficiently important”” and insert ““necess...
Lord McKenzie of Luton | 681 c981-2 (Link to this contribution)
My Lords, both Amendments Nos. 275 and 276 would require the Financial Reporting Review Panel to hav...
Baroness Noakes | 681 c982 (Link to this contribution)
My Lords, we are disappointed that the Minister cannot support these amendments. They were designed ...
Lord McKenzie of Luton | 681 c982-3 (Link to this contribution)
My Lords, before the noble Baroness formally withdraws the amendment, I did not say that there would...
Lord McKenzie of Luton | 681 c980 (Link to this contribution)
My Lords, perhaps I might revert to the noble Baroness on that latter point, as I will need to look ...
Baroness Noakes | 681 c980 (Link to this contribution)
My Lords, I am completely mystified by that because the Minister made a clear distinction about onwa...
Lord McKenzie of Luton | 681 c914 (Link to this contribution)
My Lords, before the noble Lord sits down, we did not favour that approach because you could have si...
Lord Sainsbury of Turville | 681 c912 (Link to this contribution)
My Lords, I beg to move that the Bill be now further considered on Report.
Moved accordingly, and, ...
Lord Sainsbury of Turville | 681 c912-3 (Link to this contribution)
moved Amendment No. 170:"Page 150, line 22, leave out subsection (4)."
The noble Lord said: My Lord...
Lord Sharman | 681 c913-4 (Link to this contribution)
My Lords, as the noble Lord, Lord McKenzie, has said, I have added my name to Amendment No. 186 in t...
Lord Lea of Crondall | 681 c947-8 (Link to this contribution)
My Lords, I thank noble Lords who have taken part in this debate, in particular my noble friend Lord...
Lord Sainsbury of Turville | 681 c947 (Link to this contribution)
My Lords, I welcome my noble friend’s amendment, as it gives me an opportunity to put on record the ...
Lord Judd | 681 c950-1 (Link to this contribution)
My Lords, I would like to put in a word of support for my noble friend Lady Turner. I, too, know how...
Baroness Turner of Camden | 681 c948-50 (Link to this contribution)
moved Amendment No. 203A:"After Clause 402, insert the following new clause—"
““CONSULTATION ABOUT...
Baroness Turner of Camden | 681 c952-3 (Link to this contribution)
My Lords, I thank my noble friend for that detailed response to the amendment. I appreciate hearing ...
Lord Sainsbury of Turville | 681 c951-2 (Link to this contribution)
My Lords, as I said in responding to previous amendments, the Government strongly support the princi...
Baroness Noakes | 681 c953-4 (Link to this contribution)
moved Amendment No. 212:"Page 188, line 20, leave out from first ““the”” to end of line 22 and inser...
Lord Sainsbury of Turville | 681 c953 (Link to this contribution)
moved Amendments Nos. 204 to 211:"Page 187, line 10, leave out ““and operating and financial review”...
Baroness Noakes | 681 c954-5 (Link to this contribution)
My Lords, the Minister will not be surprised to find that I am disappointed by his reply. I would li...
Lord McKenzie of Luton | 681 c954 (Link to this contribution)
My Lords, these two amendments would extend the requirements for quoted companies to carry informati...
Lord Clinton-Davis | 681 c937 (Link to this contribution)
My Lords, even though it has been said that this is a probing amendment, it is still the duty of tho...
Baroness Noakes | 681 c936-7 (Link to this contribution)
moved Amendment No. 199:"After Clause 395, insert the following new clause—"
““DIRECTORS’ LIABILIT...
Baroness Noakes | 681 c941 (Link to this contribution)
My Lords, we are so used to reading ministerial code that when Ministers do not give a positive comm...
Lord Sainsbury of Turville | 681 c940-1 (Link to this contribution)
My Lords, the problem with hints is that they are only hints. I thought I had made it clear that we ...
Baroness Noakes | 681 c941 (Link to this contribution)
moved Amendment No. 201:"Leave out Clause 399."
On Question, amendment agreed to.
Clause 400 [Appr...
Baroness Noakes | 681 c941 (Link to this contribution)
moved Amendment No. 200:"Leave out Clause 398."
On Question, amendment agreed to.
Clause 399 [Obje...
Viscount Bledisloe | 681 c938-9 (Link to this contribution)
My Lords, I am impressed with what the noble Baroness had to say about subsection (3). It is essenti...
Lord Sharman | 681 c937-8 (Link to this contribution)
My Lords, I am grateful for that intervention because I support the amendment in its totality. When ...
Baroness Noakes | 681 c940 (Link to this contribution)
My Lords, I thank the Minister for that reply and all noble Lords who have taken part in this debate...
Lord Sainsbury of Turville | 681 c939-40 (Link to this contribution)
My Lords, unlike some noble Lords, I very much understand the important issue raised by the amendmen...
Lord Sharman | 681 c942 (Link to this contribution)
My Lords, the combined code is produced under the stewardship of the FSA. The Financial Services Aut...
Lord Lea of Crondall | 681 c941-2 (Link to this contribution)
moved Amendment No. 203:"Page 183, line 20, at end insert ““; such information to include—"
(i) an...
Baroness Noakes | 681 c941 (Link to this contribution)
moved Amendment No. 202:"Leave out Clause 400."
On Question, amendment agreed to.
Clause 402 [Cont...
Lord Judd | 681 c946-7 (Link to this contribution)
My Lords, for anyone who has not participated in the Grand Committee on a Bill, there should be a go...
Lord Whitty | 681 c945-6 (Link to this contribution)
My Lords, while my noble friend has characteristically moved the amendment in a somewhat wide contex...
Lord Lea of Crondall | 681 c944-5 (Link to this contribution)
My Lords, in that case I should have thought that the noble Lord would say that we ought to become t...
Lord Sharman | 681 c944 (Link to this contribution)
My Lords, I wish to make a couple of comments on what the noble Lord, Lord Lea, has said. He chose t...
Lord Lea of Crondall | 681 c944 (Link to this contribution)
My Lords, I am talking about open-market economies. Some people say that of course we cannot compare...
Lord Sharman | 681 c944 (Link to this contribution)
My Lords, I apologise. I thought that the noble Lord was going to say ““as open in their remuneratio...
Lord Lea of Crondall | 681 c942-4 (Link to this contribution)
My Lords, I am glad to have that spelt out in such an authoritative way. Paragraph B.1, which is ent...
Baroness Northover | 681 c928-9 (Link to this contribution)
moved Amendment No. 194A:"Page 180, line 6, leave out ““where appropriate,””"
The noble Baroness sa...
Lord Sainsbury of Turville | 681 c927-8 (Link to this contribution)
My Lords, we feel that it is necessary to draw the line somewhere. When we consulted on this, the pr...
Lord Phillips of Sudbury | 681 c926 (Link to this contribution)
My Lords, I am grateful for the Minister giving way. Is it right to assume that cross-referencing is...
Lord Sainsbury of Turville | 681 c926 (Link to this contribution)
My Lords, we have not yet got to that point. I am sure that when we do, the attempt will be to make ...
Viscount Bledisloe | 681 c926-7 (Link to this contribution)
My Lords, of course I accept that that is how a company should be run. Fortunately, I think I can sa...
Lord Sainsbury of Turville | 681 c927 (Link to this contribution)
My Lords, with all respect, where one is talking about performance indicators, it will become clear....
Lord Dubs | 681 c927 (Link to this contribution)
My Lords, before my noble friend sits down, what about the number of companies that will be covered ...
Lord Sainsbury of Turville | 681 c927 (Link to this contribution)
My Lords, I cannot give my noble friend an exact figure. If you start excluding SMEs in the categori...
Bishop of Chester | 681 c927 (Link to this contribution)
My Lords, before the Minister sits down, will he comment more directly on the use of contractors or ...
Lord Sainsbury of Turville | 681 c934-6 (Link to this contribution)
moved Amendment No. 196:"Leave out Clause 395 and insert the following new Clause—"
““CONTENTS OF ...
Lord Gordon of Strathblane | 681 c930 (Link to this contribution)
My Lords, I thank the noble Baroness for giving way. To say that the OFR was welcomed by everyone is...
Baroness Tonge | 681 c930-1 (Link to this contribution)
My Lords, it was not universally welcomed by companies. What I implied is that it was universally we...
Earl of Sandwich | 681 c929-30 (Link to this contribution)
My Lords, I do not want to prolong the discussion, which has been had many times over. The case for ...
Baroness Tonge | 681 c930 (Link to this contribution)
My Lords, I support the amendments tabled by my noble friends. Having been shadow Secretary of State...
Lord Sainsbury of Turville | 681 c932-4 (Link to this contribution)
My Lords, the noble Baroness has tabled some interesting amendments that echo amendments tabled in G...
Baroness Northover | 681 c934 (Link to this contribution)
My Lords, I thank the noble Lord for such a full reply. The noble Lord linked this to directors’ dut...
Lord Clinton-Davis | 681 c931 (Link to this contribution)
My Lords, Amendment No. 194B does not add very much to what the Government have already said. I am d...
Lord Phillips of Sudbury | 681 c931-2 (Link to this contribution)
My Lords, I briefly return to the issue of independent contractors, which has now been raised by sev...
Lord Dubs | 681 c929 (Link to this contribution)
My Lords, I support what the noble Baroness, Lady Northover, said. Of course none of us wants to rus...
Lord McKenzie of Luton | 681 c917 (Link to this contribution)
moved Amendments Nos. 175 to 179:"Page 152, line 28, at end insert—"
““(1A) A resolution may be ex...
Lord Hodgson of Astley Abbotts | 681 c917 (Link to this contribution)
My Lords, I am grateful to the Minister. As he said, the tune was, as I expected, slightly familiar....
Lord McKenzie of Luton | 681 c918 (Link to this contribution)
moved Amendment No. 187:"Page 157, line 12, after ““to”” insert ““a donation made by””"
On Question...
Lord McKenzie of Luton | 681 c917-8 (Link to this contribution)
moved Amendments Nos. 183 to 185:"Page 153, line 12, leave out ““responsible directors”” and insert ...
Lord McKenzie of Luton | 681 c914 (Link to this contribution)
moved Amendment No. 171:"Page 151, line 9, at end insert—"
““( ) For the purposes of this sect...
Lord McKenzie of Luton | 681 c916 (Link to this contribution)
My Lords, I fear that I shall disappoint the noble Lord by singing a song he has heard before. We ag...
Lord Sharman | 681 c914 (Link to this contribution)
My Lords, I am grateful for that explanation. I shall reflect on it before deciding whether to come ...
Lord Hodgson of Astley Abbotts | 681 c914 (Link to this contribution)
My Lords, I thank the Minister for the two groups of amendments led by Amendment No. 175 and Amendme...
Bishop of Chester | 681 c925-6 (Link to this contribution)
My Lords, from these Benches, I add my thanks to the Government for their Amendment No. 196. Like th...
Lord Phillips of Sudbury | 681 c924-5 (Link to this contribution)
My Lords, I hesitate to make my first contribution to this mammoth debate at this stage, but one of ...
Lord Dubs | 681 c923 (Link to this contribution)
My Lords, I give a broad welcome to Amendment No. 196, but if it had gone a little further, the amen...
Viscount Bledisloe | 681 c922-3 (Link to this contribution)
My Lords, I should like to raise one point on Amendment No. 196, which appears to me—and I am sure t...
Baroness Northover | 681 c923 (Link to this contribution)
My Lords, I support Amendment No. 196 and related amendments, and I urge the Government to go furthe...
Lord Sharman | 681 c922 (Link to this contribution)
My Lords, I congratulate the Government on rebranding a part of the Bill. To the average man in the ...
Lord McKenzie of Luton | 681 c918 (Link to this contribution)
moved Amendments Nos. 191 to 193:"Page 170, line 7, after first ““the”” insert ““allotted””""Page 17...
Lord Sainsbury of Turville | 681 c918-21 (Link to this contribution)
moved Amendment No. 194:"Page 178, line 33, leave out subsection (2)."
The noble Lord said: My Lord...
Lord McKenzie of Luton | 681 c918 (Link to this contribution)
moved Amendments Nos. 188 to 190:"Page 168, line 25, after first ““the”” insert ““allotted””""Page 1...
Lord Sharman | 681 c961-2 (Link to this contribution)
My Lords, the names of my noble friend Lord Razzall and myself are on all the amendments in this gro...
Lord McKenzie of Luton | 681 c962 (Link to this contribution)
My Lords, I am conscious that I disappointed the noble Lord, Lord Hodgson, in Grand Committee. I hop...
Lord Sainsbury of Turville | 681 c926 (Link to this contribution)
My Lords, I shall deal first with the important point raised by the noble Baroness, Lady Noakes, on ...
Lord Hodgson of Astley Abbotts | 681 c914-6 (Link to this contribution)
moved Amendment No. 174:"Page 151, line 36, at end insert—"
““(a) by a resolution of the board of ...
Baroness Noakes | 681 c921-2 (Link to this contribution)
My Lords, I state at the outset that we on the Conservative Benches support the government amendment...
Lord McKenzie of Luton | 681 c914 (Link to this contribution)
moved Amendments Nos. 172 and 173:"Page 151, line 19, after ““party”” insert ““or other political or...
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