Results 1–20 of 3042 for speaker:Baroness Buscombe

Part-time Judiciary: Appointments (29 Nov 1999)

Baroness Buscombe: My Lords, will the noble and learned Lord the Lord Chancellor state whether the case has any implications for United Kingdom tribunals? Those may be employment tribunals, social security tribunals or VAT tribunals which are frequently chaired by lawyers in private practice who serve as tribunal chairmen on short-term appointments with no security of tenure. We understand that many seek and...

Crown Prosecution Service Inspectorate Bill [H.L.] (30 Nov 1999)

Baroness Buscombe: My Lords, I am pleased to respond to the noble and learned Lord, Lord Williams of Mostyn, by stating that we are broadly in support of the Bill. It assists in the implementation of reforms following recommendations made in a report on the review of the Crown Prosecution Service, chaired by Sir Iain Glidewell. However, there are a number of points which we would like clarified and to which we...

World Trade Organisation: Environmental Concerns (6 Dec 1999)

Baroness Buscombe: My Lords, will the Minister concede that while free trade is the best hope for prosperity and enables governments to invest in the environment, this Government are desperate to be popular with all the minority groups and liberals who do not understand that protectionism denies and stifles progress for poorer countries?

Limited Liability Partnerships Bill [H.L.] (9 Dec 1999)

Baroness Buscombe: My Lords, it gives me pleasure to respond to the Minister by saying that we are, in large part, very supportive of the Bill. It is clear from our consultations with numerous outside professional bodies that the Government have been very willing to work with them in developing this proposal to introduce LLPs, following on from the previous administration. In essence, the Bill seeks to provide...

Limited Liability Partnerships Bill [H.L.] (9 Dec 1999)

Baroness Buscombe: My Lords, I thank the Minister for giving way. Perhaps I did not make myself clear. I was referring to understanding what the Bill meant. So much of the material is not on the face of the Bill but in the regulations. To understand them one has to refer to the Companies Act and the Insolvency Act. So understanding the Bill has become rather complex.

Maternity & Parental Leave etc. Regulations 1999 (9 Dec 1999)

Baroness Buscombe: My Lords, I thank the Minister for explaining the regulations. There is one matter upon which I should like to question him. When he says that the regulations mean that parents will not have to choose between being a good parent and holding down a job, does he mean that someone who does not choose to take parental leave is not a good parent?

Limited Liability Partnerships Bill [H.L.] (24 Jan 2000)

Baroness Buscombe: First, I thank the Minister for giving me and Mr Nicolas Gibb MP the opportunity to discuss a number of key issues which we and other Members of this House raised at Second Reading. I thank the noble Lord for a most helpful meeting, for the accompanying notes, and for giving them to me now. However, on behalf of so many people with whom we and, I understand, the Government have consulted, I...

Limited Liability Partnerships Bill [H.L.] (24 Jan 2000)

Baroness Buscombe: I thank the Minister for that explanation and for bringing forward this amendment. However, notwithstanding that I am a lawyer, I find it difficult to understand this clause. I have read it more than half a dozen times and wonder whether we can improve on the wording, if I may be so blunt. Is the clause saying that members can be employed so partners can be employed? What about designated...

Limited Liability Partnerships Bill [H.L.] (24 Jan 2000)

Baroness Buscombe: I very much took on board the Minister's response to my suggestion on Second Reading that, in the event of a member wishing to retire, notice should be given to the LLP rather than to the other members. I appreciate that it does not make good sense to allow an individual to opt out of his or her responsibilities. In the event, say, of there being fundamental problems with the partnership,...

Limited Liability Partnerships Bill [H.L.] (24 Jan 2000)

Baroness Buscombe: I wish to speak briefly to Amendment No. 16 and then move on to speak to Amendment No. 17. The noble Lord, Lord Goodhart, and I are seeking to achieve similar results here, albeit using different wording. In that sense I concur with much of what the noble Lord has already said as regards Clause 5 of the Bill. However, I shall repeat what I said during the Second Reading debate on the Bill;...

Limited Liability Partnerships Bill [H.L.] (24 Jan 2000)

Baroness Buscombe: I rise to speak in support of this group of amendments. For my part, the amendments help to clarify the meaning of Clause 6. Having cast aspersions on previous amendments in relation to the drafting of the Bill, it is only fair that I say that the drafting in this instance has helped to clarify the parameters of the agent. The Minister is already aware that, in relation to Clause 6 as a...

Limited Liability Partnerships Bill [H.L.] (24 Jan 2000)

Baroness Buscombe: moved Amendment No. 27: After Clause 6, insert the following new clause-- :TITLE3:MEMBERS: SUPPLEMENTARY (" . Unless otherwise agreed between members and the limited liability partnership, a member is not an agent for another member, is not liable for debts of the limited partnership and is not an employee of the limited liability partnership").

Limited Liability Partnerships Bill [H.L.] (24 Jan 2000)

Baroness Buscombe: This is a probing amendment designed to ensure clarity with regard to the relationship between members and the limited liability partnership. Based on present English legal authorities, the fact that the LLP is incorporated with limited liability, has a separate legal personality and no mutual agency of members should be sufficient to protect non-negligent members where the LLP is the...

Limited Liability Partnerships Bill [H.L.] (24 Jan 2000)

Baroness Buscombe: I thank the Minister for responding to what I made clear was a probing amendment. I thank him for addressing each of the three areas in detail. I am content to withdraw the amendment.

Limited Liability Partnerships Bill [H.L.] (24 Jan 2000)

Baroness Buscombe: I also support the amendment. I do not seek to repeat everything that the noble Lords, Lord Goldsmith and Lord Sharman, have set out with such clarity. This is a tremendously important matter. During Second Reading there was brief debate on the clarity of the parameters of the liability of the members of a limited liability partnership. Any clause such as this, however difficult to draft,...

Limited Liability Partnerships Bill [H.L.] (24 Jan 2000)

Baroness Buscombe: moved Amendment No. 29: Page 3, line 39, at beginning insert-- ("( ) Each limited liability partnership shall have a minimum of two designated members who shall be responsible for complying with the administrative and filing provisions of this Act and regulations made pursuant to this Act.").

Limited Liability Partnerships Bill [H.L.] (24 Jan 2000)

Baroness Buscombe: The amendment seeks to clarify the role of a designated member. As currently drafted, the Bill does not appear to explain what a designated member is. I might sound a little like a rusty record, but I am reading the Bill from the point of view of someone considering establishing an LLP and wanting to know what the parameters are and who deals with what. Clause 8 launches into provisions for...

Limited Liability Partnerships Bill [H.L.] (24 Jan 2000)

Baroness Buscombe: I thank the Minister for that explanation, but I remain unconvinced that there is an explanation of a designated member. The difficulty is in the drafting. I agree that the drafting of the amendment is unsatisfactory, but it is important that wherever possible it is clear as to who is what. I am disappointed that the Bill launches into what someone can and cannot do without explaining why a...

Limited Liability Partnerships Bill [H.L.] (24 Jan 2000)

Baroness Buscombe: moved Amendment No. 30: Page 4, line 22, leave out ("fourteen") and insert ("28").

Limited Liability Partnerships Bill [H.L.] (24 Jan 2000)

Baroness Buscombe: The amendment seeks to allow more time when a person becomes or ceases to become a designated member. The Bill currently provides that notice shall be delivered to the registrar within 14 days. Where there is any change in the name or address of a member, notice is to be delivered to the registrar within 21 days. I propose that in both instances 28 days should be allowed in order to give the...


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