Lord Norton has referred to the Welfare Reform Bill defeats in the Lords, which I’ve been giving some considerable thought to. To require that children in care, or those entitled to care leaving support, who have their right to freedom of movement removed by the bill be given automatic indefinite leave to remain. To insert a clause requiring the Secretary of State to make provisions to enable persons under the age of 20 undertaking an apprenticeship to be eligible for child benefits. To insist to add a clause specifying that the Act will be subject to post-legislative scrutiny four years after it is passed. To require higher education institutions to provide students with the opportunity to be added to the electoral register through the process of enrolling. Government defeats in the House of Lords. To insist to not repeal the provision for the "free speech" defence in homophobic hatred cases. To allow local authorities to spend payments from selling social housing properties on building similar properties for rent purposes, provided that need is demonstrated, rather than transferring payments to the Secretary of State as provided in the bill. The governments of Mr Blair and Gordon Brown suffered more than 450 defeats in the Lords from 1999-2010. To require that ministers should seek approval by Parliament of a mandate to negotiate the UK's future relationship with the EU. To require the Secretary of State to commission and publish a review within 18 months of royal assent of the impact of the Act on the Electronic Communications Code goal of universal access to one gigabit capable broadband for all by 2025. To require a turnout of 40 per cent in referendums on amending the Treaty on the European Union in order for it to be automatically ratified, otherwise to require approval by both Houses of Parliament. To place the universal service obligation for broadband on the face of the bill, specifying targets for broadband connections and services, and requiring the government to prioritise SMEs and rural areas and to ensure mobile network coverage across the UK. To insert a clause requiring the Secretary of State to bring forward, subject to the approval of parliament, a code of practice regarding the responsibilities of social media platform providers to protect children and young people from online abuse. Below is an overview of these defeats, listed in chronological order. To prevent the transfer of regulatory functions for the health service to devolved bodies. To insert a clause allowing the Secretary of State to make regulations to permit exceptions to the rules governing the private patient income cap for NHS foundation trusts, To require that a ballot of businesses to approve levying a business rate supplement (BRS) is held before all projects to be funded by a BRS, To prevent the business rate supplement from being imposed retrospectively on ratepayers through an alteration that was not due to an error on their part, To require that prior approval has been obtained from a magistrate before the Electoral Commission can exercise its powers to enter premises and inspect documents of political parties, To require that donors to political parties are resident in the United Kingdom for the purposes of the Income Tax Act 2007 and are not non-domiciled UK residents, Apprenticeships, Skills, Children and Learning Bill, To insert a clause clarifying the definition of 'apprenticeship' as including an agreement with an employer, a mixture of on- and off-the job learning, and training designed to lead to a recognised level of proficiency in a trade, profession or occupation, To not agree a clause removing the provision for the "free speech" defence in homophobic hatred cases. To insert a clause that would ensure that all providers of care are understood to be carrying out a public function and therefore covered by the Human Rights Act 1998. To move to regret that the regulations, which establish a deferred payments scheme for businesses to spread the increase in their business rates, do not remove the retrospective application of non-domestic rates for port-side operators, To require coroners to inform the Chief Coroner if investigations are likely to take more than 12 months, and to require the Chief Coroner to monitor prolonged investigations, To insert a clause making intercept evidence admissible in inquests, so that certain deaths can be dealt within the coronial system instead of through private inquiries, To exempt single parents of children under five from financial sanctions under the back-to-work path through work-related activity plans, To make a deputy chief coroner responsible for overseeing military inquests and for providing specialist training to coroners conducting them, To not make sexual infidelity an exception to the qualifying. To insist that negotiations on future trade agreements containing provisions related to agri-foods shall have as an objective securing equal standards for imports as domestic producers but not that those imports must comply with domestic standards, To regret that Part 5 of the bill - which empowers ministers to breach the UK domestic and international obligations to implement the Northern Ireland Protocol and places those powers largely beyond the scrutiny of the courts - undermines the rule of law. To require a marine plan authority for where a marine policy statement governs marine planning for the region. MPs and Members of the Lords sit in the two Chambers of Parliament scrutinising the Government and debating legislation. To require that an independent commissioner decides if it is in the public interest that certain information may be disclosed. To remove a proposed power for ministers to decide by regulation which courts or tribunals can depart from retained EU case law, and by what legal test they can do so. Corporate Manslaughter and Corporate Homicide Bill. To urge that a 'no deal' Brexit should be rejected, and to express regret that withdrawal from the EU on the terms of the government's deal would damage the future economic prosperity, internal security and and global influence of the UK. The Constitution Committee’s view on the Fixed-term Parliaments Act 2011, State Aid (Revocations and Amendments) (EU Exit) Regulations 2020, High Speed Rail (West Midlands-Crewe) Bill, Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020, Immigration and Social Security Co-ordination (EU Withdrawal) Bill, Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020, Civil Procedure (Amendment No. To regret that the regulations replace EU State Aid rules with an as yet undefined regime, and therefore call on the government to delay their implementation (non-fatal motion). To remove a provision that ministers could make regulations to prevent, remedy or mitigate deficiencies in retained EU law as they consider 'appropriate', and to specify instead that they may make such regulations where it is 'necessary'. Session 2019-21: Conservative Government.Number of defeats = 58 (as at 15 December 2020), House of Lords FAQs: Business - Frequently asked questions on the business of the House of Lords including business statistics from the current Session. To raise the threshold for when the Legal Services Board can take action against approved regulators. A Labour-led demand for an independent review of how restricting free movement - at the end of the Brexit transition period - would impact social care saw peers defeat the government by 304 votes to 224 - a majority of 80. To require the Secretary of State to have regard to the current environmental improvement plan when planning the provision of financial assistance for agriculture. To insert a clause enabling the Secretary of State to make it illegal for drivers to fail to prevent smoking in cars carrying children. To insert a clause to require telecommunication service providers to offer customers the opportunity to place a financial cap on their monthly bills upon entering a contract, and to switch mobile providers at no extra cost in accordance with OFCOM rules. Legal Aid, Sentencing and Punishment of Offenders Bill. To insist that rights under UK law to family reunion, currently covered by the Dublin III Treaty EU regulations, will continue after the transition period, but allow the government to levy a fee for those applying for leave to enter using these rights. To provide that planning permission in principle should apply specifically to housing led development, rather than to general development of land, as the bill currently allows. Parliament and Brexit (UK in a Changing Europe Report), The Constitution Unit blog in 2020: the year in review. Below is an overview of these defeats, listed in chronological order. Learn about their experience, knowledge and interests. Conservative: 2019-2019 : 1: Conservative: 2017-2019: 69: Conservative: … To require that any statement of policy issued by the Legal Services Board must respect that the primary responsibility for regulation lies with the approved regulators. To make it a condition of enactment that the government should adopt a negotiating objective to achieve an international agreement enabling the UK to continue to participate in the European Economic Area after exit day. To insist to not remove the work-related activity component of the Employment and Support Allowance, but requiring only a delay until the Secretary of State has presented an impact assessment report before both Houses. Below is an overview of these defeats, listed in chronological order. To require the Gas and Electricity Markets Authority to develop a relative price cap for suppliers, setting the difference between the cheapest rate and the most expensive standard variable or default rate as a specified proportion of the cheapest rate. To require the Secretary of State to establish a minimum quota of fishing opportunities for both new entrants to the sector and fishing boats of up to 10 metres in length, which will be reviewed annually with statements laid before parliament, To require the Secretary of State to consult on and establish a ‘national landing requirement’ to ensure that a minimum percentage of fish caught in UK waters by domestic and foreign vessels is landed in UK ports, To amend the definition of the "sustainability objective” in the bill to ensure that short and long term environmental sustainability is not compromised by fishing and aquaculture, and to make sustainability the prime of the eight objectives in the bill. To regret the changes in entitlement to free school meals proposed through the regulations, and to call on the government not to implement the regulations until a full poverty impact assessment has been completed and considered by both Houses. The government has been dealt a major blow after the House of Lords voted to delay tax credit cuts and to compensate those affected in full. To insert a clause requiring the government to take all necessary steps to implement an international trade agreement which enables the UK to participate in a customs union with the European Union after exit day. To require the government within six months to set an interim climate change target for 2030, including the role of agriculture and land use in reducing emissions, followed within 12 months by an implementation strategy. To increase the measure of the level of household income for the purpose of defining high income local authority tenants every three years to reflect increases in the Consumer Price Index, rather than by referring to income thresholds as provided. government defeats in the House of Lords during the current parliamentary term. To insist to require all new homes in England built from 1 April 2018 to achieve the carbon compliance standard equivalent to an improvement on the target emission rate of 60% for detached houses, 56% for attached houses, and 44% for flats. (EU Exit) Regulations 2019, Healthcare (International Arrangements) Bill, Brexit: Parliamentary approval of the outcome of negotiations with the European Union, Brexit: Withdrawal Agreement and Political Declaration, Non-Contentious Probate (Fees) Order 2018, Counter-Terrorism and Border Security Bill, Arrangement of Business: Motion to adjourn during pleasure until 5:30pm, Crime (Overseas Production Orders) Bill [HL], Domestic Gas and Electricity (Tariff Cap) Bill, Haulage Permits and Trailer Registration Bill [HL], Free School Lunches and Milk, and School and Early Years Finance (Amendments Relating to Universal Credit) (England) Regulations 2018, Sanctions and Anti-Money Laundering Bill [HL], National Health Service (Mandate Requirements) Regulations 2017, Higher Education (Basic Amount) (England) Regulations 2016 and the Higher Education (Higher Amount) (England) Regulations 2016, Health Service Medical Supplies (Costs) Bill, Social Security (Personal Independence Payment) (Amendment) Regulations 2017, European Union (Notification of Withdrawal) Bill, Renewables Obligation Closure Etc. To prevent minsters from using new powers in the bill to override agreements made through the common frameworks process which allow divergence from existing rules, and from pre-empting the common frameworks process on issues where it is still in progress. To prevent trade agreements from allowing any part of UK health, care, or publicly funded data processing services and IT systems in connection with health and care to be controlled from outside the UK. To regret that local authorities lack sufficient resources to implement a test and trace system, that new measures may not sufficiently address rising cases, and to call on the government to provide support to businesses and communities (non-fatal motion). Click within the grid for more detail about a particular defeat. To insist on original defeat giving judges the power of discretion in relation to the financing of applications for judicial review. To commit the entire Bill to a committee of the whole House, rather than splitting it between the Chamber and Grand Committee. To introduce a limit to the rate by which rent for high income local authority tenants can be increased, specifying that the rent shall not equate to more than 10 pence for each pound of a tenant's income above the minimum income threshold. House of Lords defeats government for second time on article 50 bill . To require that within 6 months of the Bill's commencement, the Secretary of State will lay a report before both Houses reviewing proposals from the 2003 'Managing Offenders' report before exercising powers. To insert a clause stipulating that "an apology, an offer of treatment or other redress" will not intrinsically amount to an admission of negligence or breach of statutory duty. To regret that the Order specifies that spent convictions and cautions will be disclosed to all future public inquiries, and to call on the government to respect protections afforded to offenders under the Rehabilitation of Offenders Act 1974 (non-fatal motion). To ensure that large aerodrome operators shall (not "may") have a duty to monitor noise and to fix charges in respect of aircraft which exceed noise limits. o regret that the regulations fail to deliver on a government promise to provide adequate legal aid services for domestic. To insert a clause requiring the Secretary of State to appoint an Independent Commissioner to monitor the detention and treatment of terrorist suspects including extensions of detention periods. Parliaments and COVID-19: principles and practice; challenges and opportunities. To insist to require the government to set up an inquiry into allegations of data protection breaches committed by or on behalf of news publishers, but to consider the separate legal context in Northern Ireland and Scotland and exclude local and regional publishers. To insert a clause introducing new scrutiny measures for Orders in Council: a draft must be laid before each House of Parliament for approval and may suggest and make amendments. To insist that new renewables obligation certificates may be issued after the current termination date of 31 March 2016 for onshore wind generating stations that had received planning permission for up to three months after 18 June 2015. Click within the grid for more detail about a particular defeat. To see details of a defeat, click the relevant line of the table and this will bring up a report showing the number of votes cast for and against, and lists of voters (in both cases broken down by party). To clarify the definition of leased premises in the bill to include premises where a tenant is in exclusive possession. To require the Lord Chancellor to ensure that the process for appointing the Director of Legal Aid Casework guarantees his or her independence. The term is usually used only to describe occasions where the Government have been defeated in a whipped vote. A Government defeat is when the Government fails to persuade a majority of MPs or members of the House of Lords to support them in a division (vote). To decline to consider the draft Regulations until the government reports a scheme for transitional protection for current low-income recipients of tax credits, responds to the analysis by the Institute for Fiscal Studies, and considers mitigating action. To require the Secretary of State to lay before parliament the results of a consultation with residents and stakeholders impacted by the new Phase 2a of High Speed 2 by May 2021. To insist to enable parish councils and neighbourhood forums to appeal against the granting of planning permission by local authorities for housing developments that conflict with existing neighbourhood plans, but conceding not to include emerging plans. To insist on original defeat giving judges the discretion to hear judicial review applications where the interests of the applicant have not been harmed by government conduct, but with the requirement that such discretion be in the public interest. To insert a clause preventing owners of buildings from passing on costs of any work required by provisions of the Act to leaseholders and tenants of that building. To give judges the discretion, in judicial review proceedings, over whether: 'to order an intervener to pay the costs of a relevant party to the proceedings', and 'to order a relevant party to the proceedings to pay the intervener's costs'. To limit the scope of the bill, allowing the Secretary of State to only make reciprocal healthcare payment arrangements with countries in the EU and the European Economic Area, and not with countries in the rest of the world. To insist on parliamentary approval for the outcome of UK-EU negotiations, but, in line with Dominic Grieve's amendment at CCLA, to require the government, in case no agreement has been reached by 21 January 2019, to make a statement regarding their proposed strategy subject to a motion to approve in the House of Commons, rather than to a motion in neutral terms, as proposed by the government. (Amendment) Order 2016, Electoral Registration and Administration Act 2013 (Transitional Provisions) Order 2015, Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015, Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015, Cities and Local Government Devolution Bill [HL], Proposed changes to the Standing Orders of the House of Commons, Charities (Protection and Social Investment) Bill [HL], Universal Credit (Waiting Days) (Amendment) Regulations 2015, Motion regarding the Leader of the House of Lords, Anti-social Behaviour, Crime and Policing Bill, Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill, Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2012, Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013, Civil Legal Aid (Procedure) Regulations 2012, Electoral Registration and Administration Bill, University College London, Gower Street, London, WC1E 6BT Tel: +44 (0) 20 7679 2000. To insist to insert that the 'forum rules' (from the 1957 European Convention on Terrorism) are incorporated: judges shall not order the extradition of a person if an act was partly committed in the UK unless in the interests of justice. To insert a clause exempting those making claims related to industrial diseases generally from the obligation to use their damages to pay part of their legal fees. To insist to raise the threshold for when the Legal Services Board can take action against approved regulators. Lords Questions takes place at the start of business, Monday to Thursday. How many times has the Government been defeated in the House of Lords this session? To regret that the rules may act against the Aarhus Convention on access to justice in environmental matters that the cost of litigation should not be prohibitive, and may deter claimants from bringing meritorious environmental cases (non-fatal motion), To regret that the regulations do not require that in 2017-18 NHS England meets the target to ensure that 92% of patients are treated within 18 weeks of referral, and to ask the government to publish the legal advice they have received (non-fatal motion). To insist for a fourth time on previous amendment to extend the provisions of the bill so that it is applicable to those who are held in police custody. To regret the proposal to vary the maximum rate of university fees according to TEF teaching ratings, and to ask the government to report annually on the economic impact and cost of the present student loan system and increasing rate of graduate debt (non-fatal motion). The House of Lords voted in favour of five amendments over two days of debate, leading the new government to its first parliamentary defeats. To insert a clause to enable parish councils and neighbourhood forums to appeal to the Secretary of State against the granting of planning permission by local authorities for housing developments that conflict with made or advanced neighbourhood plans. Sustainability and environmental performance in Parliament, Work placements and apprenticeship schemes, Vote in general elections and referendums. To require the Secretary of State to produce and present before both Houses a report on trailer-related road accidents, and to make a recommendation on whether there should be a mandatory safety testing scheme for all trailers weighing more than 750kg. To remove subsections preventing constituency members from standing in regional lists and vice-versa. How does government pass a new law? To require that one of the criteria defining the "public interest" (justifying the national identity register) is to prevent illegal and fraudulent acts. To establish the Trade and Agriculture Commission in law, and require it to make recommendations to the Secretary of State to promote, maintain and safeguard current standards of food production through international trade policy. Visitors are welcome to take a tour or watch debates and committees at the Houses of Parliament in London. To require that regulations under the bill should ensure flexible childcare for parents working outside the hours of 9am to 5pm Monday to Friday, and to ensure that childcare is made available during school holidays. To move to regret that the Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 impose a rigid structure of court charges, and were presented to parliament before dissolution, allowing little time for scrutiny (non-fatal motion). To require that the Parole Board provide ongoing information about the applications of murderers for parole to the families of their victims, where the Board does not know where or how the victim's remains were disposed of. To include the lobbying of special advisers within the regulations. To replace the Treasury's role in relation to the Statistics Board with that of the Cabinet Office. To require that the appointment of the Chairman of the Legal Services board is made with the concurrence of the Lord Chief Justice, rather than by the Secretary of State alone. To insert a new clause: 'Handling of Complaints by approved Regulator' to allow for the delegation of complaints handling to an approved regulator by a direction of the Legal Services Board. About 400 government defeats were recorded in the Lords between 1999 and 2007, and about half of the Lords' amendments to bills were ultimately accepted by the House. To replace the clause imposing a deadline for EU, EEA and Swiss citizens currently resident in the UK to apply for settled status, instead giving an automatic right, and ensuring they can receive physical documentation to prove their right of residence. To remove the clause providing for the closure of the renewables obligation (subsidies) for onshore wind generating stations. To require that if regulations are used to change the legitimate aims set out in the Act that can override the non-discrimination principle, the Secretary of State obtain, or give reasons for the lack of, the consent of the devolved administrations. To require the Secretary of State to lay an independent report before Parliament on the operation of the new assessments of capacity to work annually for the first five years after these sections come into effect. Braking the law: is there, and should there be, an executive veto over laws made by parliament? To insert a clause to require pub-owning businesses to offer a market rent only option to tied pub tenants, and to introduce rent assessments for tenants. To require that the government publish determinations of whether countries with which it has signed trade agreements have committed serious human rights violations, and whether those agreements comply with the UK’s international human rights obligations. To require that an individual "may" not "must" apply to enter onto the National Register and obtain an ID card when applying/renewing a passport. To disagree with Commons amendment outlining the conditions under which a person is not considered to be deprived of liberty, and instead to propose a definition of deprivation of liberty in relation to confinement without valid consent. Number of defeats = 58 (as at 15 December 2020) List of Government defeats in previous sessions. To remove a clause that would give the UK government powers to provide financial assistance for economic development and other purposes. Session 2019-21: Conservative Government. To remove the ability of ministers to create criminal offences through regulations made under the bill regarding the detection, investigation or prevention of money laundering. To insert a clause enabling referendums to undo change to city governance arrangements. To insert a clause allowing profit-making organisations to sue for defamation only where they can prove that it has caused or is likely to cause substantial financial loss, and barring public bodies from taking any defamation action. To amend the declaratory definition of parliamentary sovereignty to explicitly refer to the Sewel Convention, that the UK parliament normally legislates on devolved matters only with consent of the devolved legislatures. Kate Devlin. To require that Orders in Council can only have retrospective effect where it is "not to the detriment of those who have either benefited from or acted in reliance upon the state of the law before the retrospective Order is made". To insert a clause to require police and crime commissioners to make recommendations to the Secretary of State as to whether bereaved families at inquests involving the police require financial support, in order to ensure parity of legal funding. To remove provision criminalising 'careless driving'. Statistics and Registration Services Bill, To insist on previous amendment to replace the Treasury's role in relation to the Statistics Board with that of the Cabinet Office but with a commitment to consult the board on the prerelease of statistics. To introduce a requirement for trustees or managers of pension schemes to ask members, when they request access to or transfer of their pension assets, if they have received information and guidance from the financial guidance body established by the bill. To insert a clause conditioning the commencement of the bill on the House of Commons having approved either a resolution regarding a withdrawal agreement with the EU, or a motion approving exiting the EU without a withdrawal agreement. To require the Secretary of State to lay proposals before parliament which would encourage the inclusion of 16- and 17-year olds on the electoral registers for the purposes of boundary reviews within a year of the Act coming into force. To make supplying new psychoactive substances in prisons an aggravating offence. To expand the length of time between the first and second Boundary Commission reports in the bill from eight to ten years. To ensure that the publicly owned pensions dashboard has been operating for a year, and the government has reported to parliament on its operation and effectiveness, before commercial dashboards may begin operating. To insert a clause providing that courts must award costs against publishers that are not members of an approved regulator in data protection claims, unless satisfied that the claim could not have been resolved by arbitration provided by the regulator. Contact your MP or a Member of the House of Lords about an issue that matters to you. To omit a clause allowing the public disclosure of information on the exercise of voting rights within a company. To insist to require that the appointment of the Chairman of the Legal Services board is made with the concurrence of the Lord Chief Justice, rather than by the Secretary of State alone. Number of defeats. 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