Debate on bill on Tuesday, 16 May 2006, in the House of Lords.
Company Law Reform Bill [HL]
Company Law Reform Bill (HL). Lords Report stage, third day. Concluded. (HL Bill 108 2005-06). (Part 2 of 2)
Secondary information
- Type
- Parliamentary proceeding
- Reference
- 682 c198-253
- Session
- 2005-06
- Department
- Department of Trade and Industry
- Legislative stage
- Report stage
- Procedure
- New clauses
- Chamber / Committee
- House of Lords chamber
- Related items
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Company Law Reform Bill (HL). As amended in Grand Committee (HL). (In two volumes)
Tuesday, 25 April 2006
Bills
House of Lords
- Proceeding contributions
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Lord Sainsbury of Turville | 682 c198-200 (Link to this contribution) moved Amendment No. 443:"After Clause 623, insert the following new clause—" ““PART 21 A COMPANY’S ...
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Lord Goldsmith | 682 c208 (Link to this contribution) My Lords, I also said that I could envisage cases in which the power to provide compensation would n...
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Lord Hodgson of Astley Abbotts | 682 c208 (Link to this contribution) My Lords, the noble and learned Lord the Attorney-General is always very persuasive. I begin, as he ...
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Baroness Pitkeathley | 682 c210 (Link to this contribution) My Lords, I should point out that if Amendment No. 466 is agreed to, I shall not be able to call Ame...
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Lord Hodgson of Astley Abbotts | 682 c208-9 (Link to this contribution) My Lords, I understand that there were two barrels to that argument. One was that although the panel...
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Lord Goldsmith | 682 c207 (Link to this contribution) My Lords, we have discussed the persons subject to the offence, and we will come back in the amendme...
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Lord Hodgson of Astley Abbotts | 682 c206-7 (Link to this contribution) My Lords, could the noble and learned Lord foreshadow—without firing his ammunition in respect of th...
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Lord Goldsmith | 682 c207-8 (Link to this contribution) My Lords, I am happy to respond to that invitation. I meant that we could have said, ““We need a cri...
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Lord Patten | 682 c207 (Link to this contribution) My Lords, the noble and learned Lord the Attorney-General is quite right that people—practitioners, ...
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Lord Goldsmith | 682 c205-6 (Link to this contribution) My Lords, in introducing his amendment, the noble Lord, Lord Hodgson of Astley Abbotts, rightly iden...
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Lord Goldsmith | 682 c210-1 (Link to this contribution) moved Amendment No. 466:"Page 310, line 18, leave out paragraph (b) and insert—" ““(b) where the...
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Lord Goldsmith | 682 c214-6 (Link to this contribution) moved Amendment No. 478:"Page 318, leave out lines 10 to 14 and insert—" ““(b) shares that, under ...
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Lord Hodgson of Astley Abbotts | 682 c214 (Link to this contribution) My Lords, I am always ready to learn from the Attorney-General and to follow the avenues that he has...
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Lord Goldsmith | 682 c214 (Link to this contribution) My Lords, of course I am content for the noble Lord to do that, but perhaps I may invite him to cons...
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Lord Hodgson of Astley Abbotts | 682 c214 (Link to this contribution) My Lords, I am grateful to the noble and learned Lord the Attorney-General for his considered respon...
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Lord Goldsmith | 682 c212-4 (Link to this contribution) My Lords, I recall the debate in Grand Committee and the reaction when I answered the question in th...
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Lord Hodgson of Astley Abbotts | 682 c212 (Link to this contribution) moved Amendment No. 476:"Page 317, line 24, leave out ““in value of all the voting shares”” and inse...
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Lord Goldsmith | 682 c212 (Link to this contribution) moved Amendment No. 474:"Page 310, line 32, at end insert—" ““( ) Where an offence is committe...
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Lord Goldsmith | 682 c211-2 (Link to this contribution) moved Amendment No. 470:"Page 310, line 24, leave out subsection (4)." On Question, amendment agree...
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Baroness Pitkeathley | 682 c211 (Link to this contribution) My Lords, if Amendment No. 470 is agreed to, I cannot call Amendments Nos. 471 or 472.
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Lord Sharman | 682 c211 (Link to this contribution) My Lords, I thank the noble and learned Lord the Attorney-General for responding to the concerns rai...
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Lord Hodgson of Astley Abbotts | 682 c202-3 (Link to this contribution) My Lords, we are very grateful to the noble and learned Lord for making this change. A number of pra...
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Lord Goldsmith | 682 c202 (Link to this contribution) moved Amendment No. 449:"Page 304, line 35, leave out from beginning to ““had”” in line 38 and inser...
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Lord Sainsbury of Turville | 682 c200-2 (Link to this contribution) moved Amendments Nos. 444 to 448:"After Clause 623, insert the following new clause—" ““CONTENTS O...
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Lord Sainsbury of Turville | 682 c203 (Link to this contribution) moved Amendments Nos. 462 and 463:"Page 309, line 18, leave out ““625(4)”” and insert ““625(5)””""Pa...
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Lord Goldsmith | 682 c203 (Link to this contribution) moved Amendment No. 459:"Page 439, line 35, leave out ““1995 (S.I. 1995/3272)”” and insert ““2001 (S...
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Lord Sainsbury of Turville | 682 c203 (Link to this contribution) moved Amendment No. 458:"Page 438, line 32, leave out ““Commissioners to exercise their”” and insert...
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Baroness Noakes | 682 c203 (Link to this contribution) moved Amendment No. 451:"Page 307, line 13, at end insert ““has been authorised by the Panel and””" ...
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Lord Hodgson of Astley Abbotts | 682 c203-5 (Link to this contribution) moved Amendment No. 464:"Page 309, line 28, at end insert ““, or" ( ) failed to comply with ru...
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Lord Patten | 682 c205 (Link to this contribution) My Lords, one should be properly cautious when rising from one’s place to intervene if one has not b...
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Lord McKenzie of Luton | 682 c227-8 (Link to this contribution) moved Amendment No. 487B:"Page 347, line 19, at end insert—" ““( ) any application or other do...
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Lord Hodgson of Astley Abbotts | 682 c228 (Link to this contribution) My Lords, I thank the noble Lord, Lord McKenzie, for bringing forward these amendments which meet ou...
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Lord McKenzie of Luton | 682 c226 (Link to this contribution) moved Amendment No. 487:"Page 347, line 4, leave out paragraphs (a) and (b) and insert—" ““( ) ...
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Lord McKenzie of Luton | 682 c226-7 (Link to this contribution) moved Amendment No. 487A:"Page 347, line 19, at end insert—" ““( ) any application or other do...
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Lord McKenzie of Luton | 682 c226 (Link to this contribution) moved Amendments Nos. 485 and 486:"Page 345, line 6, at end insert ““or””""Page 345, line 9, leave o...
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Lord McKenzie of Luton | 682 c230-1 (Link to this contribution) moved Amendment No. 488:"Page 455, line 12, at end insert—" 13A For section 175(7) of the Compan...
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Lord McKenzie of Luton | 682 c229-30 (Link to this contribution) moved Amendments Nos. 487E and 487F:"After Clause 714, insert the following new clause—" ““RECTIFI...
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Lord McKenzie of Luton | 682 c230 (Link to this contribution) moved Amendment No. 487G:"Leave out Clause 739." On Question, amendment agreed to. Schedule 4 [Ame...
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Lord McKenzie of Luton | 682 c228-9 (Link to this contribution) moved Amendment No. 487C:"After Clause 708, insert the following new clause—" ““APPLICATION TO REG...
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Lord McKenzie of Luton | 682 c229 (Link to this contribution) moved Amendment No. 487D:"Page 350, leave out line 11." On Question, amendment agreed to.
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Lord Goldsmith | 682 c216 (Link to this contribution) moved Amendment No. 480:"Page 320, leave out lines 14 to 18 and insert—" ““(b) shares that, under ...
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Lord McKenzie of Luton | 682 c216 (Link to this contribution) moved Amendment No. 481:"Page 322, line 29, leave out from second ““7”” to end of line 31." On Ques...
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Lord Goldsmith | 682 c216 (Link to this contribution) moved Amendment No. 479:"Page 318, leave out lines 24 to 28 and insert—" ““(b) shares that, under ...
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Lord Sharman | 682 c218 (Link to this contribution) My Lords, I am grateful for the reply given to this part of the debate by the noble and learned Lord...
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Lord Sharman | 682 c216-7 (Link to this contribution) moved Amendment No. 482:"Page 442, line 2, at end insert—" ““(1) Section 425 of the Companies Ac...
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Lord Goldsmith | 682 c217-8 (Link to this contribution) My Lords, as the noble Lord said, there are two parts to the amendment. The part that he has just re...
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Lord McKenzie of Luton | 682 c219-20 (Link to this contribution) moved Amendments Nos. 483C and 483D:"After Clause 680, insert the following new clause—" ““DUTY TO...
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Lord McKenzie of Luton | 682 c218-9 (Link to this contribution) moved Amendment No. 483A:"Page 333, line 35, leave out from ““to”” to end of line 37 and insert ““re...
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Lord McKenzie of Luton | 682 c219 (Link to this contribution) moved Amendment No. 483B:"Leave out Clause 679." On Question, amendment agreed to.
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Lord McKenzie of Luton | 682 c220 (Link to this contribution) moved Amendment No. 483E:"Page 334, line 37, leave out from ““registrar”” to second ““and”” in line ...
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Lord McKenzie of Luton | 682 c220-1 (Link to this contribution) moved Amendment No. 483F:"Page 335, line 3, at end insert—" ““(2) The enactments are— the Joint ...
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Lord McKenzie of Luton | 682 c221 (Link to this contribution) moved Amendment No. 483G:"Page 335, line 37, at end insert—" ““( ) The Limited Partnerships Ac...
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Lord McKenzie of Luton | 682 c221-2 (Link to this contribution) moved Amendment No. 483H:"Page 336, line 5, after ““name”” insert ““and registered number””" The no...
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Lord McKenzie of Luton | 682 c222 (Link to this contribution) moved Amendments Nos. 483J to 483L:"Page 341, line 33, after ““document”” insert ““that, on receipt,...
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Lord McKenzie of Luton | 682 c222-3 (Link to this contribution) moved Amendment No. 483M:"Page 342, line 26, at end insert—" ““ 1. Any statement of capital and in...
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Lord McKenzie of Luton | 682 c223 (Link to this contribution) moved Amendments Nos. 483N to 483U:"Page 342, line 34, at end insert ““and the statement of capital ...
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Lord Hodgson of Astley Abbotts | 682 c223-5 (Link to this contribution) moved Amendment No. 484:"Page 345, line 5, at end insert—" ““( ) is a statutory auditor of a c...
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Lord McKenzie of Luton | 682 c225-6 (Link to this contribution) My Lords, Clause 703 provides that the Secretary of State may make regulations so that a unique iden...
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Lord Hodgson of Astley Abbotts | 682 c226 (Link to this contribution) My Lords, I am grateful to the Minister for his reply, and he has clearly thought about this issue. ...
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Lord Hodgson of Astley Abbotts | 682 c233 (Link to this contribution) My Lords, it would be helpful as a means of maintaining good and proper communication between the co...
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Lord Sainsbury of Turville | 682 c233-4 (Link to this contribution) moved Amendment No. 490A:"Leave out Clause 763 and insert the following new Clause—" ““REQUIREMENT...
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Lord Sainsbury of Turville | 682 c234 (Link to this contribution) moved Amendment No. 490B:"After Clause 763, insert the following new clause—" ““DEEMED DELIVERY OF...
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Lord Sainsbury of Turville | 682 c234-5 (Link to this contribution) moved Amendment No. 490C:"Leave out Clause 765." On Question, amendment agreed to. Clause 766 [Dut...
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Lord Sainsbury of Turville | 682 c235 (Link to this contribution) moved Amendment No. 491:"Page 368, line 40, leave out ““Commissioners”” and insert ““Commission””" ...
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Lord McKenzie of Luton | 682 c231 (Link to this contribution) moved Amendment No. 489:"Page 365, line 25, leave out paragraphs (a) and (b) and insert ““any addres...
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Lord Sainsbury of Turville | 682 c232 (Link to this contribution) My Lords, I am grateful to the noble Lord for tabling this amendment again so that I may now give hi...
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Lord Hodgson of Astley Abbotts | 682 c231-2 (Link to this contribution) moved Amendment No. 490:"Page 468, line 16, at end insert—" ““(2) Such agreement may be valid fo...
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Lord Sainsbury of Turville | 682 c235 (Link to this contribution) moved Amendment No. 491A:"Page 369, line 10, after ““766”” insert ““within the period of 14 days aft...
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Baroness Noakes | 682 c235 (Link to this contribution) moved Amendment No. 492:"Page 370, line 14, leave out ““reporting accountant”” and insert ““independ...
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Lord Sainsbury of Turville | 682 c235 (Link to this contribution) moved Amendment No. 493:"Page 370, line 33, leave out paragraph (a)." On Question, amendment agreed...
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Lord McKenzie of Luton | 682 c235 (Link to this contribution) moved Amendment No. 494:"Page 371, line 43, at end insert—" ““( ) In this section and that Sch...
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Lord McKenzie of Luton | 682 c235-6 (Link to this contribution) moved Amendment No. 495A:"Page 374, line 42, at end insert—" ““( ) Until such date as may be a...
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Lord McKenzie of Luton | 682 c235 (Link to this contribution) moved Amendment No. 495:"Page 373, leave out line 17." On Question, amendment agreed to. Clause 77...
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Baroness Noakes | 682 c236 (Link to this contribution) moved Amendment No. 507: "Page 490, line 14, column 1, leave out ““reporting accountant”” and inser...
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Lord McKenzie of Luton | 682 c236 (Link to this contribution) moved Amendments Nos. 496 to 506:"Page 482, line 13, at end insert—"Baroness Noakes | 682 c237 (Link to this contribution) moved Amendment No. 511A: "Page 506, line 4, after ““organisation),”” insert ““have provided or””" ...Lord McKenzie of Luton | 682 c236-7 (Link to this contribution) moved Amendments Nos. 508 to 511: "Page 490, leave out line 15." "Page 490, line 24, at end insert...Lord McKenzie of Luton | 682 c237-8 (Link to this contribution) My Lords, the eighth company law directive on auditing sets out clear requirements for practical tra...Lord Sharman | 682 c240 (Link to this contribution) My Lords, I rise to support the noble Baroness’s amendment. It may interest the House to know that 1...Lord McKenzie of Luton | 682 c240-1 (Link to this contribution) My Lords, it may be helpful if I begin by explaining how Clause 815 works in practice. In doing so, ...Baroness Noakes | 682 c238-9 (Link to this contribution) My Lords, I thank the Minister for his reply, for he will be aware that I know the amendment goes wi...Baroness Noakes | 682 c239-40 (Link to this contribution) moved Amendment No. 511AA: "Page 391, line 20, leave out leave out ““(1)”” and insert ““(1)(a)””" ...Lord McKenzie of Luton | 682 c242-3 (Link to this contribution) My Lords, the Professional Oversight Board is an operating body of the Financial Reporting Council a...Baroness Noakes | 682 c242 (Link to this contribution) My Lords, I support the amendments, to which our names are attached. The noble Lord, Lord Sharman, h...Lord Sharman | 682 c241-2 (Link to this contribution) moved Amendment No. 511B: "Page 394, line 6, at end insert—" ““( ) The order shall have the e...Baroness Noakes | 682 c241 (Link to this contribution) My Lords, I thank the Minister for that reply. He said that my amendment would mean that subsection ...Lord Sharman | 682 c243 (Link to this contribution) My Lords, I remind the Minister that I offered to give him an engagement letter. I can tell him that...Lord McKenzie of Luton | 682 c244 (Link to this contribution) My Lords, before the noble Lord withdraws the amendment, yes, we should look with some urgency at th...Baroness Noakes | 682 c244-5 (Link to this contribution) moved Amendment No. 511C: "Page 394, line 21, at end insert—" ““( ) An order under this secti...Lord McKenzie of Luton | 682 c245 (Link to this contribution) My Lords, I think we have agreement on what we want the outcome of this to be, but perhaps not on th...Lord McKenzie of Luton | 682 c243-4 (Link to this contribution) My Lords, I look forward to receiving that and I thank the noble Lord in advance. I shall repair to ...Lord Sharman | 682 c244 (Link to this contribution) My Lords, I am quite willing to accept that the solution may not be as the amendments are framed. I ...Lord Hodgson of Astley Abbotts | 682 c245-6 (Link to this contribution) moved Amendment No. 512: "Leave out Clause 865." The noble Lord said: My Lords, this amendment is ...Baroness Noakes | 682 c245 (Link to this contribution) My Lords, the noble Lord tempts me. I beg leave to withdraw the amendment. Amendment, by leave, wit...Lord Sainsbury of Turville | 682 c246 (Link to this contribution) My Lords, I am rather conscious of the fact that on the previous occasion when we debated shareholde...Lord Sharman | 682 c246 (Link to this contribution) My Lords, I support the amendment, principally for the reason that the voluntary scheme which is ope...Lord Sainsbury of Turville | 682 c250 (Link to this contribution) moved Amendment No. 512B: "Page 426, line 43, leave out ““that for which it is disclosed”” and inse...Lord Sainsbury of Turville | 682 c250 (Link to this contribution) moved Amendment No. 512C: "Page 513, line 14, column 2, leave out from beginning to end of line 15 ...Lord Sainsbury of Turville | 682 c249 (Link to this contribution) moved Amendment No. 512A: "Page 426, line 17, leave out paragraphs (a) and (b) and insert—" ““( ...Lord Hodgson of Astley Abbotts | 682 c249-50 (Link to this contribution) My Lords, I am grateful to the Minister. This issue caused a lot of concern. It is a technical area ...Lord Sainsbury of Turville | 682 c246-8 (Link to this contribution) No, my Lords, the point that I was making was about people’s enthusiasm for a voluntary scheme as op...Lord Hodgson of Astley Abbotts | 682 c248-9 (Link to this contribution) I am grateful for that very considered response. I am also grateful to the noble Lord, Lord Sharman,...Lord Hodgson of Astley Abbotts | 682 c246 (Link to this contribution) My Lords, the Minister really cannot get away with that. We are talking here not about disclosure to...Lord Sainsbury of Turville | 682 c251-2 (Link to this contribution) moved Amendment No. 531: "After Clause 881, insert the following new clause—" ““CONTINUITY OF THE...Lord Sainsbury of Turville | 682 c250-1 (Link to this contribution) moved Amendments Nos. 512D to 530: "Page 513, line 19, at end insert—"