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UK Infrastructure Bank Bill (HL) 2022-23

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UK Infrastructure Bank Bill (HL) 2022-23 (63)

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Moved by

Baroness Hayman

1: Clause 2, page 1, line 12, at end insert—

“(ii) to adapt to any current or predicted impacts of climate change identified in the most recent report under section 56 of the Climate Change Act 2008, and

(iii) to protect, enhance and restore the United Kingdom’s natural capital, including...

Member
Baroness Hayman (Crossbench)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c865
House
House of Lords

My Lords, I declare my interest as a director and co-chair of Peers for the Planet.

I thank the Minister for the constructive dialogue that has taken place throughout the passage of the Bill, including the meeting with the bank’s chair and chief executive last week to discuss their new strategic...

Member
Baroness Hayman (Crossbench)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc865-7
House
House of Lords

My Lords, I am pleased to follow the noble Baroness, Lady Hayman. I also welcome the Minister’s and the Government’s change of mind, if you like, on including energy efficiency specifically in the Bill. We all know that the International Energy Agency cried out about developed nations not doing anything...

Member
Lord Teverson (Liberal Democrat)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc868-9
House
House of Lords

My Lords, I rise to speak in particular to my Amendment 9, and I thank the noble Lord, Lord Teverson, for his support. I very much agree that climate change means that we cannot be building new roads, although big issues of air pollution are of course also addressed in...

Member
Baroness Bennett of Manor Castle (Green Party)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc869-870
House
House of Lords

My Lords, I rise to speak to Amendments 7 and 10 in my name, but before I do I join others in congratulating my noble friend the Minister on tabling the government amendment on energy efficiency. It speaks to an amendment that I and others tabled in Committee, and it...

Member
Lord Holmes of Richmond (Conservative)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c870
House
House of Lords

My Lords, the House this afternoon represents one of the Prime Minister’s favourite metaphors: a nest of singing birds. Everybody who has spoken agrees with each other; I agree with everything that has already been said, but particularly with what my noble friend Lady Hayman has said. I have added...

Member
Lord McDonald of Salford (Crossbench)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc870-1
House
House of Lords

My Lords, first, I apologise for not attending the earlier stages of the Bill. I was caught out by conflicting diary commitments, but I have been following the debates and the developments around the Bill through all the stages, and my noble colleagues will know of my interest in this...

Member
Baroness Jones of Whitchurch (Labour)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc871-3
House
House of Lords

My Lords, we start Report with a topic that has already been central to our discussion of the UK Infrastructure Bank: its role in investing in nature and the environment. I thank the noble Baroness, Lady Hayman, and all noble Lords who have engaged with the Government on this important...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc873-5
House
House of Lords

My Lords, I am extremely grateful to all noble Lords who have spoken in this debate. As in Committee, we saw support from all

around the House. Unfortunately, the Minister has not completely reassured me. I am grateful for her reassurance on gas and understand the reason for including roads,...

Member
Baroness Hayman (Crossbench)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc875-6
House
House of Lords

Moved by

Lord Sharkey

2: Clause 2, page 1, line 13, leave out “and”

Member’s explanatory statement

This amendment seeks to probe whether the Bank would need to meet both objectives in the exercise of its activities.

Member
Lord Sharkey (Liberal Democrat)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c876
House
House of Lords

My Lords, Amendment 2 is a probing amendment so I can be very brief. Its purpose is to seek clarity on how the objectives of the bank will work together and to allow the Minister to put that clarification on the record.

We have discussed this informally with the Minister and...

Member
Lord Sharkey (Liberal Democrat)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc876-7
House
House of Lords

My Lords, Amendment 5 is in my name. I declare my interest as a project director working for Atkins and note that I am co-chair of the Midlands Engine APPG. First, I thank my supporters on this amendment; I thank the right reverend Prelate the Bishop of St Albans for...

Member
Lord Ravensdale (Crossbench)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc877-8
House
House of Lords

My Lords, it is a pleasure to follow the noble Lord, Lord Ravensdale. It was particularly useful that he spoke before me because I have taken some of the words that he and his supporters put down in their amendment but made an additional change, taking out the words “economic...

Member
Baroness Bennett of Manor Castle (Green Party)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c878
House
House of Lords

My Lords, I am going to be exceedingly brief because so much has been said which I support. I want to make a couple of comments on Amendment 12 in the name of the noble Lord, Lord Tunnicliffe, and others, that I have been pleased to sign. I want to...

Member
Baroness Kramer (Liberal Democrat)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc878-9
House
House of Lords

My Lords, I am grateful to all noble Lords who have spoken in this important debate. I am particularly grateful to the noble Baroness, Lady Bennett, the noble Lord, Lord Ravensdale, and the right reverend Prelate—who is not present—for their support in tabling Amendments 4 and 5. Those texts are...

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc879-880
House
House of Lords

My Lords, I will first take Amendment 2 from the noble Lord, Lord Sharkey, which, as he explained, seeks to probe our use of “and” in the activities of the bank to see whether it must meet both objectives or just one. As we discussed previously, the bank’s two objectives—to...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc880-2
House
House of Lords

My Lords, I thank the Minister for clarifying and putting on the record how the bank’s two objectives will work together. I beg leave to withdraw my amendment.

Member
Lord Sharkey (Liberal Democrat)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c882
House
House of Lords

Moved by

Lord Holmes of Richmond

6: Clause 2, page 1, line 22, at end insert—

“(4A) Before making any investment decision, the Bank must ensure that the principle of additionality is met.

(4B) The principle of additionality is that—

(a) all activities make a contribution which is beyond what is available or is otherwise...

Member
Lord Holmes of Richmond (Conservative)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c882
House
House of Lords

My Lords, it is a pleasure to open this group of amendments and to move my Amendment 6. This amendment boils down to just one word, which predates the investment principles of the bank, the objectives of the bank, the strategy of the bank, the framework document of the bank...

Member
Lord Holmes of Richmond (Conservative)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c883
House
House of Lords

My Lords, I have Amendment 24 in this group, which is an amendment to the Minister’s Amendment 23. It is always rather strange speaking to an amendment to an amendment when the amendment itself has not been spoken to—but I will do my best.

First, I congratulate my noble friend Lord...

Member
Baroness Noakes (Conservative)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc883-5
House
House of Lords

My Lords, I rise to speak to Amendment 24 in the name of the noble Baroness, Lady Noakes, to which I have added my name. The noble Baroness has already eloquently explained the rationale for this amendment, so I will try to keep my speech reasonably short.

Like the noble Baroness,...

Member
Lord Vaux of Harrowden (Crossbench)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc884-6
House
House of Lords

My Lords, it was not my intention to speak on this group but, given that all the non-government speakers have been from the other side of the House, I felt I should offer an argument from this side of the House that is perhaps 180 degrees opposite to that presented...

Member
Baroness Bennett of Manor Castle (Green Party)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c887
House
House of Lords

My Lords, my motivation here is somewhat different: I want to see the bank move along the risk spectrum. There is a temptation, due to the structure of the bank, for it to stay within the range of fairly safe investments. It has to produce a return and it has...

Member
Baroness Kramer (Liberal Democrat)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c887
House
House of Lords

My Lords, I join my noble friend Lady Noakes in applauding Amendment 6 in the name of my noble friend Lord Holmes as a gallant attempt at defining additionality, although I dare say another Peer might draft it differently.

I want to make a more general point about additionality before coming...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc887-9
House
House of Lords

My Lords, I thank all noble Lords who have spoken on this group, and particularly my noble friend Lady Noakes for bringing forward Amendment 24. I shall summarise what the Minister said: that additionality is pretty much impossible to define, but the bank will definitely do it—so that is good....

Member
Lord Holmes of Richmond (Conservative)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c889
House
House of Lords

Moved by

Baroness Hayman

6A: Clause 2, page 1, line 23, after “includes” insert “structures underpinning the circular economy, and nature-based solutions,”

Member
Baroness Hayman (Crossbench)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c889
House
House of Lords

My Lords, in the earlier debate on this amendment, we heard very powerful arguments for including nature-based solutions and the circular economy in the definition of “infrastructure” in the Bill. The arguments that we heard from the Front Bench were not as strong: the principle was accepted, and we were...

Member
Baroness Hayman (Crossbench)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c889
House
House of Lords

Moved by

Baroness Penn

8: Clause 2, page 1, line 25, after “heat” insert “and, in relation to electricity, gas and the provision of heat, energy efficiency”

Member's explanatory statement

This amendment would make it clear that energy efficiency, in relation to electricity, gas and the provision of heat, is within the definition of...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c890
House
House of Lords

Moved by

Lord Tunnicliffe

12: Clause 2, page 2, line 4, at end insert—

“(5A) In exercising its functions, the Bank must have regard to the public interest in targeting investment in a manner that—

(a) improves productivity, pay, jobs and living standards, and

(b) reduces economic disparities between the nations and regions of the...

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c890
House
House of Lords

I beg to test the opinion of the House.

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c890
House
House of Lords

Moved by

Lord Sharkey

13: Clause 2, page 2, line 9, leave out subsection (7) and insert—

“(7) Regulations made under the powers set out in subsection (6) are subject to the “super affirmative procedure” as set out in subsections (8) to (15).

(8) The Secretary of State must lay before Parliament—

(a) a draft...

Member
Lord Sharkey (Liberal Democrat)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc893-6
House
House of Lords

My Lords, I shall speak also to Amendment 18. I am very grateful to the noble Lord, Lord Vaux, and my noble friend Lady Kramer for adding their names to both amendments and to the noble Lord, Lord Tunnicliffe, for adding his name to Amendment 18.

The Bill contains Henry VIII...

Member
Lord Sharkey (Liberal Democrat)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc896-9
House
House of Lords

My Lords, I will speak to two sets of amendments. Before doing so, I thank the noble Lords, Lord Vaux and Lord Wigley, and the noble Baroness, Lady Kramer, for their support in the drafting of the amendments and for co-signing them. They fall into two distinct categories.

The first group,...

Member
Lord Thomas of Cwmgiedd (Crossbench)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc899-900
House
House of Lords

My Lords, I have been in your Lordships’ House since 2005 and one of the things that has always surprised me, having come from another part of the Commonwealth, is the way in which secondary legislation—statutory instruments and regulations—has grown like Topsy. Secretary of States are always accountable to Parliament...

Member
Lord Sentamu (Crossbench)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc900-1
House
House of Lords

My Lords, I have added my name to all the amendments in this group, which cover four separate topics, and I will touch on each of them briefly. First, Amendment 13, which the noble Lord, Lord Sharkey, eloquently explained, aims to introduce a greater level of scrutiny to the use...

Member
Lord Vaux of Harrowden (Crossbench)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc901-2
House
House of Lords

My Lords, I have added my name to all the amendments in this group but I will try to be brief. I want to pick up on the point just made by the noble Lord, Lord Vaux. Amendment 21 in the name of the noble and learned Lord, Lord Thomas,...

Member
Baroness Kramer (Liberal Democrat)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc902-4
House
House of Lords

My Lords, I rise very briefly to say why—my Whip may not be too happy to hear this—I wish to vote for the amendment from the noble and learned Lord, Lord Thomas of Cwmgiedd, which I know is not the view of my party at present.

I think the distance between...

Member
Lord Morgan (Labour)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c904
House
House of Lords

My Lords, I am grateful to the noble Lord, Lord Sharkey, and the noble and learned Lord, Lord Thomas, for tabling the various amendments in this group. I was pleased to sign Amendment 18, which would increase transparency relating to Treasury directions. The Minister and her officials have offered several...

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc904-5
House
House of Lords

My Lords, Amendment 13 in the name of the noble Lord, Lord Sharkey, seeks to make the bank’s delegated powers subject to the super-affirmative procedure. As indicated in Erskine May, the super-affirmative procedure has been deployed for secondary legislation where an exceptionally high degree of scrutiny is thought appropriate. This...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc905-8
House
House of Lords

I thank the Minister for her response and thank all other noble Lords who spoke to Amendment 13. I detect a chillier wind from my right than I would have liked. Under those circumstances I can only repeat that the House will not have a substantive opportunity to scrutinise these...

Member
Lord Sharkey (Liberal Democrat)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c908
House
House of Lords

Moved by

Lord Tunnicliffe

19: Clause 7, page 3, line 17, at end insert—

“(ba) at any time, the Bank has at least one non-executive director who is a representative of workers;”

Member's explanatory statement

This amendment ensures that the Bank’s board would have at least one workers’ representative at any time.

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c908
House
House of Lords

My Lords, in Committee we had a wide-ranging debate about the bank’s board and whether the Bill should include requirements about its

composition, expertise, and so on. Responding, the Minister said that she could understand my temptation to have a workers’ representative on the board but asserted that it was...

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc908-9
House
House of Lords

My Lords, I will speak briefly to Amendment 20. I traversed the reasons for this amendment at Second Reading. I traversed them again in Committee. I need not weary your Lordships by traversing them a third time. The points are obvious.

Enlightened departments have now agreed to put into Bills qualifications...

Member
Lord Thomas of Cwmgiedd (Crossbench)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c909
House
House of Lords

My Lords, briefly, I support Amendment 20 in the name of the noble and learned Lord, Lord Thomas. It is self-evident that the bank’s board should have the experience and skills that the noble and learned Lord proposes in his amendment, rather than just being Treasury placemen. The success or...

Member
Lord Vaux of Harrowden (Crossbench)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c909
House
House of Lords

My Lords, I offer Green group support for Amendment 20, to which we would have attached our name had there been space.

In Committee, I suggested that the bank should not be in the hands of the Treasury at all. I got some expressions of interest but not enough support to...

Member
Baroness Bennett of Manor Castle (Green Party)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c910
House
House of Lords

My Lords, I speak on this group with some trepidation; I hope I do not show the lack of humility that the noble and learned Lord, Lord Thomas, has accused my department of. I will stand up for the Treasury: in my dealings with this group of public servants, they...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 cc910-1
House
House of Lords

Before the noble Baroness sits down, could she find a device—a statement or something—to advise us on when that process has been completed and in what form that requirement has been met?

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c911
House
House of Lords

I am happy to write to the noble Lord to set out those anticipated timelines. The annual report and accounts are published and laid before Parliament so, between those two pieces of information, I will endeavour to cover this for the noble Lord. If we reach the annual report and...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c911
House
House of Lords

My Lords, I thank all noble Lords who have participated in this debate, and I thank the noble Baroness for her assurances on my specific point. I hope that it is seen through and that the result is not that the bank explains that it is not

following the code,...

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c911
House
House of Lords

Moved by

Lord Thomas of Cwmgiedd

21: After Clause 7, insert the following new Clause—

“Consultation with devolved governments

(1) Before exercising the powers of the Treasury under section 2(6), the Treasury must consult the Northern Ireland departments, the Scottish Ministers and the Welsh Ministers and take account of any views expressed in the...

Member
Lord Thomas of Cwmgiedd (Crossbench)
Type
Proceeding contributions
Date
4 July 2022
Reference
823 c912
House
House of Lords