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The House met at half-past Eleven o'clock.
PRAYERS.
1 London Development Agency Bill,-The London Development Agency Bill was, according to Order, read a second time and committed.
2 Eighth Standing Committee on Delegated Legislation,-Miss Anne Begg reported from the Eighth Standing Committee on Delegated Legislation the National Care Standards Commission (Children's Rights Director) Regulations (S.I., 2002, No. 1250).Minutes of Proceedings of the Committee to lie upon the Table.
3 Ninth Standing Committee on Delegated Legislation,-Mr Win Griffiths reported from the Ninth Standing Committee on Delegated Legislation the draft Pathogens Access Appeal Commission (Procedure) Rules 2002 and the draft Court of Appeal (Appeals from Pathogens Access Appeal Commission) Rules 2002.
Minutes of Proceedings of the Committee to lie upon the Table.
4 Message from the Lords,-A Message was brought from the Lords, as follows:
The Lords have agreed to the Consolidated Fund (Appropriation) (No. 2) Bill, without Amendment.
The Lords have agreed to the Education Bill, with Amendments; to which the Lords desire the concurrence of this House.
European Parliamentary Elections Bill [Lords],-The Lords have passed a Bill to consolidate the European Parliamentary Elections Acts 1978, 1993 and 1999; to which the Lords desire the concurrence of this House.
House of Lords Reform (Joint Committee),-The Lords communicate that they have appointed a Committee of twelve Lords to join with the Committee appointed by the Commons to consider and report on issues relating to House of Lords Reform, and that they have come to the following Resolutions:
That the Committee have power to agree with the Committee appointed by the Commons in the appointment of a Chairman;
That the Committee have leave to report from time to time;
That the Reports of the Committee from time to time shall be printed, notwithstanding any adjournment of their Lordships' House;
That the Committee have power to appoint specialist advisers;
That the Committee have power to adjourn from place to place within the United Kingdom;
And the Lords propose that the Committee do meet with the Committee appointed by the Commons on Tuesday 9th July at half-past Ten o'clock.
5 Education Bill,-Lords Amendments to the Education Bill to be considered to-morrow and to be printed [Bill 163].
6 European Parliamentary Elections Bill [Lords],-The European Parliamentary Elections Bill [Lords] was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 164].
Ordered, That the Explanatory Notes relating to the European Parliamentary Elections Bill [Lords] be printed [Bill 164-EN].
7 House of Lords Reform,-Ordered, That the Lords Message of this day relating to the Joint Committee on House of Lords Reform be now considered.
Lords Message considered accordingly.
Ordered, That the Committee appointed by this House do meet the Lords Committee as proposed by their Lordships.
Message to the Lords to acquaint them therewith.
8 Waste (No. 2) Bill,-Mr Desmond Swayne presented a Bill to grant additional powers to local authorities in England and Wales for the enforcement of controls and for the prosecution of offences relating to the unauthorised or harmful deposit, treatment or disposal of waste and the transporting of controlled waste without registering; to amend the Control of Pollution (Amendment) Act 1989 and Part II of the Environmental Protection Act 1990; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 19th July and to be printed [Bill 162].
9 Finance Bill,-The House, according to Order, proceeded further to consider the Finance Bill, not amended in the Committee and as amended in the Standing Committee.
Another Clause (Rollover of cash from ISAs and TESSAs into securities)-(Mr Howard Flight)-brought up, and read the first time.
Question proposed, That the Clause be read a second time:-Clause, by leave, withdrawn.
Another Clause (Simplifying married couple's allowances)-(Mr Edward Davey)-brought up, and read the first time.
Question proposed, That the Clause be read a second time:-Clause, by leave, withdrawn.
Amendment (No. 1) proposed to the Bill, in page 2, to leave out lines 20 to 25.-(Mr Christopher Chope.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mrs Cheryl Gillan, Mr Laurence Robertson: 136.
Tellers for the Noes, Joan Ryan, Mr Fraser Kemp: 276.
Amendments (Nos. 38 to 41) made to the Bill.
Another Amendment (No. 25) proposed to the Bill, in page 13, to leave out lines 41 and 42.-(Mr John Bercow.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 3) proposed to the Bill, in page 64, line 16, at the end, to insert the words 'and ceases to have effect in relation to accounting periods of controlled foreign companies beginning on or after the earlier of:
(a) the third anniversary of the day on which this Act is passed; and
(b) the expiry of any twelve month period during which no statutory instrument is approved under section 748A(5) of the Taxes Act 1988 (territorial exclusions from exemption under section 748).'.-(Mr John Bercow.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr Laurence Robertson, Mr Charles Hendry: 105.
Tellers for the Noes, Mr Ivor Caplin, Derek Twigg: 305.
Another Amendment (No. 43) proposed to the Bill, in page 64, to leave out from the beginning of line 34 to the end of line 33 on page 68.-(Mr Alex Salmond.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr Simon Thomas, Hywel Williams: 151.
Tellers for the Noes, Mr Ivor Caplin, Derek Twigg: 270.
Another Amendment (No. 4) proposed to the Bill, in page 75, to leave out from the beginning of line 39 to the end of line 6 on page 76 and insert the words 'or a series of qualifying donations made by him in one or more of the previous three years of assessment (a year in respect of which an election is made being an "elected year" for the purposes of this section).
(2) Any such election may be made by notice in writing to an officer of the Inland Revenue before or at the time that the donor delivers the return required under section 8 of the Taxes Management Act 1970 (c. 9) (personal return) for the year in which the gift is actually made.
(3) An election may be made in respect of an elected year only to the extent that the grossed-up amount of any gift or part-gift would, if made in that elected year, be payable out of profits or gains brought into charge to income tax or capital gains tax for that elected year. Where an election is made to treat a single gift as if it had been a series of qualifying donations made in one or more years, the sum of such qualifying donations may not exceed the amount of the actual gift.
(4) On receipt of an election under this section, the Board of Inland Revenue shall make such payments and adjustments as appear necessary to them to leave the donor in the position he would have been in had he made the relevant gift or part-gift in the relevant elected year and the provisions of section 25(6) to (9A) of the Finance Act 1990 had then taken effect.', instead thereof.-(Mr Howard Flight.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr Laurence Robertson, Mr Charles Hendry: 151.
Tellers for the Noes, Jim Fitzpatrick, Mr Ian Pearson: 260.
Other Amendments (Nos. 13 and 19 to 24) made to the Bill.
A Schedule (Stamp duty: contracts chargeable as conveyances: supplementary provisions)-(Dawn Primarolo)-brought up, read the first and second time, and added to the Bill.
Other Amendments (Nos. 12, 45, 14 to 18 and 35 to 37) made to the Bill.
Another Amendment (No. 11) proposed to the Bill, in page 478, line 29, at the end, to insert the words-
'(3A) In subsection (3) at end insert-
"(g)it consists wholly of uncrushed aggregates to be used for harbour sea defence projects or coastal erosion protection.".'.-(Mr Alex Salmond.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr Simon Thomas, Hywel Williams: 161.
Tellers for the Noes, Mr Ivor Caplin, Derek Twigg: 263.
A Motion was made, and the Question being put, That the Bill be now read the third time;
Tellers for the Ayes, Mr John Heppell, Mr Ian Pearson: 277.
Tellers for the Noes, Mr Laurence Robertson, Mr Stephen O'Brien: 109.
So the Question was agreed to.
The Bill was accordingly read the third time, and passed.
10 Investigatory Powers,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Regulation of Investigatory Powers (Covert Human Intelligence Sources: Code of Practice) Order 2002, which was laid before this House on 10th June, be approved-(Joan Ryan);
And the Deputy Speaker's opinion as to the decision of the Question being challenged, the Division was deferred till Wednesday 10th July, pursuant to Order [28th June 2001].
11 Investigatory Powers,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Regulation of Investigatory Powers (Covert Surveillance: Code of Practice) Order 2002, which was laid before this House on 10th June, be approved-(Joan Ryan);
And the Deputy Speaker's opinion as to the decision of the Question being challenged, the Division was deferred till Wednesday 10th July, pursuant to Order [28th June 2001].
12 Local Government Finance,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Local Government Finance (England) Special Grant Report (No. 101) (House of Commons Paper No. 942), on Personal Social Services Performance Grant for 2002-03, which was laid before this House on 19th June, be approved-(Joan Ryan):-It was agreed to.
13 Government Trading Funds,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Queen Elizabeth II Conference Centre Trading Fund (Variation) Order 2002, which was laid before this House on 19th June, be approved-(Joan Ryan):-It was agreed to.
14 Public Petitions,-Public Petitions from-
(1) residents of South Swindon for the promotion of access to safe affordable water and adequate sanitation across the world, and
(2) residents of Mitcham and Morden for the provision of intermediate care services at the Wilson Hospital
were presented and read; and ordered to lie upon the Table and to be printed.
15 Adjournment,-A Motion was made, and the Question being proposed, That this House do now adjourn-(Mr Ian Pearson);
And the Motion having been made after Seven o'clock, and the Debate having continued for half an hour, the Deputy Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then sixteen minutes to Eight o'clock, till to-morrow.
[Adjourned at 7.44 p.m.
Michael J. Martin
Speaker
Mr Speaker will take the Chair at half-past Nine o'clock.
APPENDIX I
Papers subject to Negative Resolution:
1 Education,-North Derbyshire Tertiary College (Dissolution) Order 2002 (S.I., 2002, No. 1714), dated 3rd July 2002 [by Act] [Secretary Estelle Morris].
2 Immigration and Asylum,-Immigration Services Tribunal (Amendment) Rules 2002 (S.I., 2002, No. 1716), dated 3rd July 2002 [by Act] [Ms Rosie Winterton].
3 Telegraphs,-Wireless Telegraphy (Licence Charges) Regulations 2002 (S.I., 2002, No. 1700), dated 2nd July 2002 [by Act] [Ms Secretary Hewitt].
Other Papers:
4 Audit Commission,-Statement of Guarantee dated 4th July 2002, given by HM Treasury in respect of temporary borrowing by the Audit Commission from Lloyds TSB Bank plc [by Act] [Ruth Kelly].
5 Broadcasting,-Accounts of the Broadcasting Standards Commission for 2001-02, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1040] [Clerk of the House].
6 Charity Commission,-Report of the Charity Commissioners for England and Wales for 2001-02, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 893-I and -II] [Mr Secretary Blunkett].
7 Competition,-Accounts of the Competition Commission for 2001-02, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1042] [Clerk of the House].
8 Foreign Affairs,-Government Response to the Sixth Report of the Foreign Affairs Committee, Session 2001-02, on Turkey [by Command] [Cm. 5529] [Mr Secretary Straw].
9 Further and Higher Education,-Accounts of the Higher Education Funding Council for England for 2001-02, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1043] [Clerk of the House].
10 Government Resources and Accounts,-Report of the Financial Reporting Advisory Board to HM Treasury for 2001-02 [by Act]; to be printed [No. 896] [Mr Paul Boateng].
11 National Heritage,-Account of the Board of Trustees of the Armouries for 2000-01, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1041] [Clerk of the House].
12 Nuclear Energy,-Paper, entitled Managing the Nuclear Legacy: A Strategy for Action [by Command] [Cm. 5552] [Ms Secretary Hewitt].
13 Pensions,-Accounts of the Occupational Pensions Regulatory Authority for 2001-02, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1044] [Clerk of the House].
14 Public Petitions,-Observations by the Secretary of State for Transport on the Petition [12th June 2002] from members of the Stocksbridge Bypass Campaign for safety improvements to the Stocksbridge bypass [by Standing Order]; to be printed [Clerk of the House].
15 Stem Cell Research,-Government Response to the Report of the House of Lords Select Committee on Stem Cell Research [by Command] [Cm. 5561] [Mr Secretary Milburn].
APPENDIX II
Standing Committees
1 Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2002 (S.I., 2002, No. 1223), - The Committee of Selection has discharged Patrick Mercer from the Sixth Standing Committee on Delegated Legislation (nominated in respect of the Rules); and nominated in substitution Chris Grayling.
2 Draft Child Support Appeals (Jurisdiction of Courts) Order 2002 and the draft Child Support (Temporary Compensation Payment Scheme) (Modification and Amendment) Regulations 2002, - The Committee of Selection has discharged Mr Julian Brazier from the Eighth Standing Committee on Delegated Legislation (nominated in respect of the draft Order and draft Regulations); and nominated in substitution Mr David Wilshire.
3 Draft Directors' Remuneration Report Regulations 2002, - The Committee of Selection has discharged Chris Grayling from the Tenth Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations); and nominated in substitution Michael Fabricant.
4 Draft Caribbean Development Bank (Further Payments) Order 2002 and the draft African Development Fund (Additional Subscriptions) Order 2002, - The Committee of Selection has discharged Mr Julian Brazier from the Eleventh Standing Committee on Delegated Legislation (nominated in respect of the draft Orders); and nominated in substitution Dr Julian Lewis.
5 Draft Representation of the People (Scotland) (Amendment) Regulations 2002, the draft Representation of the People (Northern Ireland) (Amendment) Regulations 2002 and the draft Representation of the People (England and Wales) (Amendment) Regulations 2002,-The Committee of Selection has discharged Andrew Selous from the Twelfth Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations); and nominated in substitution Mr Mark Field.
6 Local Government Finance (England) Special Grant Report (No. 92) (House of Commons Paper No. 877) on Special Grants for Asylum Seekers Support (Adults and Families of Asylum Seekers) for 1999-2000 and the Local Government Finance (England) Special Grant Report (No. 99) (House of Commons Paper No. 878) on Special Grants for Unaccompanied Asylum-Seeking Children for 2002-03,-The Committee of Selection has discharged Mr Humfrey Malins from the Thirteenth Standing Committee on Delegated Legislation (nominated in respect of the Reports); and nominated in substitution Mr James Paice.
APPENDIX III
Reports from Select Committees
1 Culture, Media and Sport,-Sixth Report from the Culture, Media and Sport Committee [Wembley National Stadium Project], together with Minutes of Evidence taken before the Committee on 13th May and Appendices to the Minutes of Evidence; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 843] [Mr Gerald Kaufman].
2 Draft Communications Bill,-Minutes of Evidence taken before the Joint Committee on the Draft Communications Bill; to be printed [No. 876-ix] [Nick Harvey].
3 Education and Skills,-(1) Sixth Report from the Education and Skills Committee [Post-16 Student Support], together with Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 445]; and
(2) Memoranda laid before the Committee [Post-16 Student Support]
4 Environmental Audit,-Minutes of Evidence taken before the Environmental Audit Committee [Buying Time for Forests]; to be printed [No. 792-iii] [Mr John Horam].
5 Home Affairs,-First Special Report from the Home Affairs Committee [Government Response to the Second Report from the Committee, on the Police Reform Bill]; to be printed [No. 1052] [Mr Chris Mullin].
6 Public Administration,-Minutes of Evidence taken before the Select Committee on Public Administration [Civil Service Issues]; to be printed [No. 1049-i] [Tony Wright].
7 Treasury,-Minutes of Evidence taken before the Treasury Committee [The UK and the IMF]; to be printed [No.868-iii] [Mr John McFall].
8 Welsh Affairs,-(1) Third Report from the Welsh Affairs Committee [The Draft National Health Service (Wales) Bill], together with Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 959]; and
(2) Fourth Report from the Committee [The Children's Society in Wales: Responses from the Government and the Charity Commission to the First Report of the Committee of Session 2001-02], together with Appendices to the Report; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 989]
[W.H., No. 100]
Minutes of Proceedings of the Sitting in Westminster Hall
[pursuant to the Order of 20th November 2000]
The sitting commenced at half-past Two o'clock.
Adjournment (Reports from the Education and Skills Committee on the Work of OFSTED),-Resolved, That the sitting be now adjourned.-(Mr Ian Pearson.)
And accordingly the sitting was adjourned till Tuesday 9th July.
[Adjourned at 5.46 p.m.
Sir Alan Haselhurst
Deputy Speaker
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