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The House met at half-past Two o'clock.
PRAYERS.
1 First Standing Committee on Delegated Legislation,-Mr Alan Hurst reported from the First Standing Committee on Delegated Legislation the draft Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003.
Minutes of Proceedings of the Committee to lie upon the Table.
2 Second Standing Committee on Delegated Legislation,-Mr Peter Pike reported from the Second Standing Committee on Delegated Legislation the Prosecution of Offences (Youth Courts Time Limits) (Revocation and Transitional Provision) Regulations 2003 (S.I., 2003, No. 917).
Minutes of Proceedings of the Committee to lie upon the Table.
3 Fourth Standing Committee on Delegated Legislation,-Mr James Cran reported from the Fourth Standing Committee on Delegated Legislation the draft Lay Magistrates (Eligibility) (Northern Ireland) Order 2003.
Minutes of Proceedings of the Committee to lie upon the Table.
4 Standing Committee on the Convention,-Frank Cook reported from the Standing Committee on the Convention the following Resolution:
That the Committee has considered the Tenth Report (12th June) from the United Kingdom Representatives to the Convention on the Future of Europe.
Report, together with Resolution, to lie upon the Table.
5 The Speaker's Absence,-A Motion was made, and the Question being proposed, That the Speaker have leave of absence on Wednesday 18th June to receive the honorary degree of Doctor of the University of Glasgow-(Bridget Prentice);
Mr George Foulkes rose in his place and claimed to move, That the Question be now put.
And the Question being put, That the Question be now put;
Tellers for the Ayes, Bridget Prentice, Jim Fitzpatrick: 324.
Tellers for the Noes, Mr Douglas Hogg, Michael Fabricant: 105.
So the Question was agreed to.
And the Question being accordingly put:-It was agreed to.
Ordered, That the Speaker have leave of absence on Wednesday 18th June to receive the honorary degree of Doctor of the University of Glasgow.
6 Licensing Bill [Lords] (Programme) (No. 2),-Ordered, That the programme order of 24th March 2003 in relation to the Licensing Bill [Lords] be varied as follows-
Consideration and Third Reading
1. Paragraphs 4 and 5 of the order shall be omitted.
2. Proceedings on consideration shall be taken in the order shown in the first column of the following Table and each part of the proceedings shall (so far as not previously concluded) be brought to a conclusion at the time specified in the second column.
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Proceedings |
Time for conclusion of proceedings |
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Amendments relating to Clause 1, Schedules 1 and 2, Clauses 2 to 8, Schedule 3 and Clauses 9 to 15
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Two hours after the commencement of proceedings on the Motion for this Order.
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Amendments relating to Clauses 16 to 111, Schedule 4, Clauses 112 to 176, Schedule 5 and Clauses 177 to 192 |
Four hours after the commencement of proceedings on the Motion for this Order.
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Amendments relating to Clauses 193 to 196 and Schedules 6 to 8, new Clauses, new Schedules and remaining proceedings on the Bill |
Five and a half hours after the commencement of proceedings on the Motion for this Order. |
3. Proceedings on Third Reading shall, if not previously concluded, be brought to a conclusion six and a half hours after the commencement of proceedings on the Motion for this Order.-(Dr Kim Howells.)
7 Licensing Bill [Lords],-The House, according to Order, proceeded to consider the Licencing Bill [Lords], as amended in the Standing Committee.
Amendment (No. 162) proposed to the Bill, in page 109, line 31, at the end to insert the words 'for the entertainment or entertainment facilities'.-(Mr Malcolm Moss.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 64) proposed to the Bill, in page 111, line 27, to leave out from '2' to the end of line 28 and insert the words-
'(2)For the purposes of sub-paragraph (1), the performance of live music or the playing of recorded music shall not be regarded as anything other than incidental to some other activity, merely because it has been advertised', instead thereof.-(Mr Malcolm Moss.)
Question proposed, That the Amendment be made;
And it being two hours after the commencement of proceedings on the Motion relating to Licensing Bill [Lords] (Programme) (No. 2), the Deputy Speaker put the Question already proposed from the Chair, pursuant to Orders [28th June 2001, 29th October 2002 and this day].
Tellers for the Ayes, Mr Robert Syms, Mr Mark Francois: 144.
Tellers for the Noes, Joan Ryan, Mr Vernon Coaker: 295.
The Deputy Speaker then put forthwith the Question an Amendment which had been selected by the Speaker for separate division, pursuant to Orders [28th June 2001, 29th October 2002 and this day].
Another Amendment (No. 63) proposed to the Bill, in page 112, line 18, at the end to insert the words-
(1)The provision of entertainment consisting of the performance of live music is not to be regarded as the provision of regulated entertainment for the purposes of this Act where-
(a)the number of listeners or spectators present does not exceed 200 at any one time, and
(b)the entertainment ceases no later than 11.30 pm.
(2)The provision of entertainment facilities solely for the purposes of entertainment described in sub-paragraph (1) is not to be regarded as the provision of regulated entertainment for the purposes of this Act.
(3)Nothing in this paragraph shall be read as rendering invalid or otherwise affecting any provision of, or any regulation made under, any other legislation that applies to the entertainment, the entertainment facilities or the premises on which the entertainment is to take place.'.-(Mr Malcolm Moss.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr Robert Syms, Mr Mark Francois: 146.
Tellers for the Noes, Joan Ryan, Mr Vernon Coaker: 284.
Another Amendment (No. 65) made to the Bill.
Another Amendment (No. 38) proposed to the Bill, in page 10, line 38, after the word 'premises', to insert the words '(existing or proposed)'.-(Mr Malcolm Moss.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr Mark Hoban, Mr Mark Francois: 152.
Tellers for the Noes, Mr Nick Ainger, Joan Ryan: 297.
Other Amendments (Nos. 66 to 75) made to the Bill.
It being four hours after the commencement of proceedings on the Motion relating to Licensing Bill [Lords] (Programme) (No. 2), the Deputy Speaker put the Questions necessary to dispose of the business to be concluded at that hour, pursuant to Orders [28th June 2001, 29th October 2002 and this day].
Other Amendments (Nos. 76 to 78, 80 to 87, 94 to 97, 88 to 93, 120 and 121) made to the Bill.
Another Amendment (No. 61) proposed to the Bill, in page 146, line 8, at the end to insert the words-
'Data Protection Act 1998 (c.29)
( )In section 35 of the Data Protection Act 1998 (Disclosures required by law or made in connection with legal proceedings etc.), after subsection (1) insert-
"(1A)Where the constitution, rules, standing orders, Memorandum, Articles of Association or other governing instrument of any club, society, company or other legal person (not being an individual) contains a provision (hereinafter called a "rule provision") framed to comply with any enactment repealed by the Licensing Act 2003, the exemption afforded by subsection (1) shall continue to apply to that rule provision and anything done under it, notwithstanding the repeal of such enactments.".'.-(Mr Malcolm Moss.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Other Amendments (Nos. 98, 122 to 131 and 99) made to the Bill.
Another Amendment (No. 138) proposed to the Bill, in page 158, line 8, to leave out the word 'two' and insert the word 'four', instead thereof.-(Mr Mark Field.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr Robert Syms, Mr Mark Francois: 129.
Tellers for the Noes, Mr Jim Murphy, Jim Fitzpatrick: 249.
Other Amendments (Nos. 100 to 104) made to the Bill.
A Clause (Mandatory condition in licences: exhibition of films)-(Dr Kim Howells)-brought up, read the first and second time and added to the Bill.
Another Clause (Mandatory condition in certificates: exhibition of films)-(Dr Kim Howells)-brought up, read the first and second time and added to the Bill.
Another Clause (Allowing children into licensed premises)-(Mr Malcolm Moss)-brought up and read the first time.
Question proposed, That the Clause be read a second time;
And it being five and a half hours after the commencement of proceedings on the Motion relating to Licensing Bill [Lords] (Programme) (No. 2), the Deputy Speaker put the Question already proposed from the Chair, pursuant to Orders [28th June 2001, 29th October 2002 and this day];
Tellers for the Ayes, Mr Robert Syms, Mr Mark Francois: 106.
Tellers for the Noes, Jim Fitzpatrick, Mr Vernon Coaker: 258.
And a Motion being made, That the Bill be now read the third time;
Secretary Tessa Jowell, by Her Majesty's Command, acquainted the House, That Her Majesty, having been informed of the purport of the Bill, gives her Consent, so far as Her Majesty's interest is concerned, That the House may do therein as it shall think fit.
Secretary Tessa Jowell, by Command of the Prince of Wales, acquainted the House, That His Royal Highness, having been informed of the purport of the Bill, gives his Consent, so far as the Prince of Wales's interest is concerned, That the House may do therein as it shall think fit.
And it being six and a half hours after the commencement of proceedings on the Motion relating to Licensing Bill [Lords] (Programme) (No. 2), the Deputy Speaker put the Question already proposed from the Chair, pursuant to Orders [28th June 2001, 29th October 2002 and this day];
Tellers for the Ayes, Mr Vernon Coaker, Jim Fitzpatrick: 227.
Tellers for the Noes, Mr Robert Syms, Mr Mark Francois: 121.
So the Question was agreed to.
The Bill was accordingly read the third time, and passed.
8 Race Relations,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Race Relations Act 1976 (Amendment) Regulations 2003, which were laid before this House on 8th May, be approved-(Derek Twigg):-It was agreed to.
9 Race Relations,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Race Relations Act 1976 (Seamen Recruited Abroad) Order 2003, which was laid before this House on 14th May, be approved-(Derek Twigg);
And the Deputy Speaker's opinion as to the decision of the Question being challenged, the division was deferred till Wednesday 18th June, pursuant to Order [28th June 2001 and 29th October 2002].
10 Social Security,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft State Pension Credit (Decisions and Appeals-Amendment) Regulations 2003, which were laid before this House on 14th May, be approved-(Derek Twigg):-It was agreed to.
11 Broad Economic Policy Guidelines,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 119 (European Standing Committees), That this House takes note of European Union Document No. 8475/03, Commission Recommendation on the Broad Guidelines of the Economic Policies of the Member States and the Community (for the 2003-05 period); and supports the Government's welcome for the publication of the Recommendation and the operational context it provides for addressing the key economic policy issues and priorities over the next three years, in line with the European Union's strategic goal agreed at the Lisbon European Council-(Derek Twigg):-It was agreed to.
12 Quality of Bathing Water,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 119 (European Standing Committees), That this House takes note of European Union Document No. 13789/02, draft Directive concerning the quality of bathing water; and supports the Government's objective that effective, practical and proportionate measures are applied across the European Union to monitor and regulate the quality of bathing water-(Derek Twigg):-It was agreed to.
13 Delegated Legislation,-Ordered, That the following Statutory Instruments be referred to Standing Committees on Delegated Legislation: the Education (Additional Secondary School Proposals) Regulations 2003, (S.I., 2003, No. 1200), the Education (Outturn Statements) (England) Regulations 2003, (S.I., 2003, No. 1153), the Education (School Organisation Plans) (England) (Amendment) Regulations 2003 (S.I., 2003, No. 1201) and the Education (School Organisation Proposals) (England) (Amendment) Regulations 2003 (S.I., 2003, No. 1229).-(Derek Twigg.)
14 Adjournment,-Resolved, That this House do now adjourn.-(Derek Twigg.)
And accordingly the House, having continued to sit till eight minutes to Two o'clock on Tuesday morning, adjourned till this day.
[Adjourned at 1.52 a.m.
Michael J. Martin
Speaker
Mr Speaker will take the Chair at half-past Eleven o'clock.
APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Affirmative Resolution:
1 Local Government Finance,-(1) Local Government Finance (England) Special Grant Report (No. 124) on the Delayed Discharges Grant for 2003-04;
(2) Local Government Finance (England) Special Grant Report (No. 125) on the Preserved Rights Grant for 2003-04; and
(3) Local Government Finance (England) Special Grant Report (No. 123) on the Social Services (High Performers) (No. 2) Grant for 2003-04
[by Act]; to be printed [Nos. 777, 776 and 778] [Mr Secretary Reid].
2 Value Added Tax,-Value Added Tax (Finance) Order 2003 (S.I., 2003, No. 1568), dated 16th June [by Act] [John Healey].
Papers subject to Negative Resolution:
3 Disabled Persons,-Rail Vehicle Accessibility (Great Eastern Railway Class 360 Vehicles) Exemption Order 2003 (S.I., 2003, No. 1562), dated 15th June 2003 [by Act] [Mr Secretary Darling].
4 Sea Fisheries,-Prohibition of Fishing with Multiple Trawls Order 2003 (S.I., 2003, No. 1559), dated 11th June 2003 [by Act] [Secretary Margaret Beckett].
5 Value Added Tax,-Value Added Tax (Finance) (No. 2) Order 2003 (S.I., 2003, No. 1569), dated 16th June 2003 [by Act] [John Healey].
Other Papers:
6 National Audit,-Reports by the Comptroller and Auditor General on-
(1) the Department for Trade and Industry: Regional Grants in England, and
(2) the Operational Performance of PFI Prisons
[by Act]; to be printed [Nos. 702 and 700] [Clerk of the House].
7 Resource Accounts, 2002-03,-Resource Accounts of the Office of Gas and Electricity Markets for 2002-03 [by Act]; to be printed [No. 789] [Ruth Kelly].
8 Sea Fisheries,-Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Amendment) Order 2003 (S.I., 2003, No. 1560), dated 11th June 2003 [by Act] [Secretary Margaret Beckett].
APPENDIX II
Standing Committees
1 Crime (International Co-operation) Bill [Lords],-The Committee of Selection has discharged Mr Bob Ainsworth from Standing Committee A (in respect of the Bill); and nominated in substitution Caroline Flint.
2 Sustainable Energy Bill,-The Committee of Selection has discharged Mr Brian Wilson from Standing Committee C (in respect of the Bill); and nominated in substitution Mr Stephen Timms.
3 Courts Bill [Lords],-The Committee of Selection has discharged Yvette Cooper from Standing Committee D (in respect of the Bill); and nominated in substitution Mr Christopher Leslie.
4 Courts Bill [Lords] (Programming Sub-Committee),-The Speaker has appointed Mr Christopher Leslie in place of Yvette Cooper as a member of the Programming Sub-Committee of Standing Committee D in respect of the Bill.
5 Draft Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003,-The Committee of Selection has discharged Ann Clwyd, Jeff Ennis, Mr Chris Pond, Mr Gerry Sutcliffe and Mr Bill Tynan from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations); and nominated in substitution Janet Anderson, Hugh Bayley, Jim Dowd, Mr Jim Murphy and Mr Anthony D. Wright.
6 Draft Lay Magistrates (Eligibility) (Northern Ireland) Order 2003,-The Committee of Selection has discharged Mr Tony Banks and Ms Rosie Winteron from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Mr Christopher Leslie and Mr Tom Watson.
7 Draft Employment Equality (Religion or Belief) Regulations 2003 and draft Employment Equality (Sexual Orientation) Regulations 2003,-The Committee of Selection has discharged Mr Philip Hammond, Mrs Barbara Roche and Mr Phil Woolas from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations); and nominated in substitution Mr Jim Murphy, Mr Andrew Robathan and Mr Gerry Sutcliffe.
APPENDIX III
Reports from Select Committees
1 Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,-Minutes of Evidence taken before the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee [The Draft Housing Bill]; to be printed [No. 751-i] [Andrew Bennett].
2 Public Accounts,-(1) Twenty-ninth Report from the Committee of Public Accounts [Inland Revenue: Tax Credits and Tax Debt Management]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 332]; and
(2) Minutes of Evidence taken before the Committee [The English national stadium project at Wembley]; to be printed [No. 812-i]
3 Science and Technology,-Part of the Minutes of Evidence taken before the Science and Technology Committee [The Scientific Response to Terrorism]; to be printed [No. 415-v] [Dr Ian Gibson].
4 Treasury,-Eighth Report from the Treasury Committee [Appointment to the Monetary Policy Committee of the Bank of England of Mr Richard Lambert], together with the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 811] [Mr John McFall].
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