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The House met at half-past Eleven o'clock.
PRAYERS.
1 Mersey Tunnels Bill,-The Order of the day being read, for further consideration of the Mersey Tunnels Bill;
Ordered, That the Bill be further considered on Tuesday 8th July.
2 Nottingham City Council Bill [Lords],-The First Deputy Chairman of Ways and Means reported from the Committee on Unopposed Bills, That it had examined the allegations contained in the Preamble to the Nottingham City Council Bill [Lords] and found the same to be true; and had gone through the Bill and had directed her to report the same without Amendment.
Bill to be read the third time.
3 Fourth Standing Committee on Delegated Legislation,-Derek Conway reported from the Fourth Standing Committee on Delegated Legislation the draft Electricity and Gas (Modification of Standard Conditions of Licences) Order 2003.
Minutes of Proceedings of the Committee to lie upon the Table.
4 Fifth Standing Committee on Delegated Legislation,-Miss Anne Begg reported from the Fifth Standing Committee on Delegated Legislation the draft Contracting Out (Function in Relation to the Management of Crown Lands) Order 2003.
Minutes of Proceedings of the Committee to lie upon the Table.
5 Sixth Standing Committee on Delegated Legislation,-Mr Alan Hurst reported from the Sixth Standing Committee on Delegated Legislation the Value Added Tax (Finance) Order 2003 (S.I., 2003, No. 1568).
Minutes of Proceedings of the Committee to lie upon the Table.
6 Hunting Bill,-Ordered, That the Hunting Bill, as amended on consideration, be printed [Bill 135].
7 Finance Bill [Ways and Means],-Intangible fixed assets,-Resolved, That provision may be made in the Finance Bill amending Schedule 29 to the Finance Act 2002.-(Dawn Primarolo.)
8 Finance Bill [Ways and Means],-Inheritance tax: gifts with reservation,-Resolved, That provision may be made in the Finance Bill amending section 102 of the Finance Act 1986.-(Dawn Primarolo.)
9 Finance Bill (Programme) (No. 5),-A Motion was made, and the Question being put, That in accordance with the Resolution of the Programming Committee of 30th June 2003 and pursuant to the Programme Order of 6th May 2003 relating to the Finance Bill:
(1) Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion 8 hours after the commencement of proceedings on the first of the Ways and Means Motions relating to the Bill set down this day.
(2) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion 91/2 hours after the commencement of the proceedings on that Motion.
(3) Paragraph (2) of this Order has effect notwithstanding the practice of the House as to the intervals between stages of Bills brought in upon Ways and Means Resolutions.
(4) The proceedings on consideration shall be taken in the order shown in 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.
Proceedings
Time for conclusion of proceedings
New Clauses and new Schedules, except those relating to stamp duty land tax or stamp duty.
Three and a half hours after the commencement of proceedings on the motion referred to in paragraph (1) above.
Amendments relating to Clauses Nos. 1 to 41 and Schedules Nos. 1 and 2; Amendments relating to Clauses Nos. 130 to 211 and Schedules Nos. 21 to 42.
Five and a half hours after the commencement of those proceedings.
New Clauses and new Schedules relating to stamp duty land tax or stamp duty; Amendments relating to Clauses Nos. 42 to 129 and Schedules Nos. 3 to 20; remaining proceedings.
Eight hours after the commencement of those proceedings.
-(Dawn Primarolo);
Tellers for the Ayes, Mr John Heppell, Mr Vernon Coaker: 273.
Tellers for the Noes, Mr Mark Hoban, Mr David Wilshire: 155.
So the Question was agreed to.
10 Finance Bill,-The House, according to Order, proceeded to consider the Finance Bill, as amended in Committee and the Standing Committee.
A Clause (Intangible fixed assets: tax avoidance arrangements and related parties)-(Dawn Primarolo)-brought up, read the first and second time, and added to the Bill.
Another Clause (Inheritance tax: gifts with reservation)-(Dawn Primarolo)-brought up, read the first and second time, and added to the Bill.
Another Clause (Tax credits for individual savings accounts and personal equity plans)-(Mr Stephen O'Brien)-brought up and read the first time.
Question put, That the Clause be read a second time.
Tellers for the Ayes, Mr David Wilshire, Mr Mark Hoban: 189.
Tellers for the Noes, Jim Fitzpatrick, Paul Clark: 301.
Another Clause (Debits and credits treated as relating to capital expenditure)-(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 (Continuation of children's tax credit for persons subject to immigration control)-(Mr Howard Flight)-brought up and read the first time.
Question proposed, That the Clause be read a second time.
And it being three and a half hours after the commencement of proceedings on the first of the Ways and Means Motions relating to the Bill set down this day, the Deputy Speaker, pursuant to Order [this day], put the Question already proposed from the Chair:-It was negatived.
Amendment (No. 3) proposed to the Bill, in page 6, line 22, to leave out '15' and insert '5', instead thereof.-(Mr Stephen O'Brien.)
Question put, That the Amendment be made.
Tellers for the Ayes, Hugh Robertson, Mr Robert Syms: 185.
Tellers for the Noes, Mr Fraser Kemp, Margaret Moran: 304.
Amendment (No. 4) made to the Bill.
Another Amendment (No. 52) proposed to the Bill, in page 15, line 15, to leave out Clauses Nos. 17 and 18.-(Mr Stephen O'Brien.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 12) made to the Bill.
Another Amendment (No. 5) proposed to the Bill, in page 138, line 41, to leave out subsection (3) and insert the words-
'(3) For subsection (3) substitute-
"(3)For the purposes of making their determination under subsection (1)(b) the Treasury shall be required to apply generally accepted accounting practices in determining whether all or part of any payments represent such interest as is referred to in that subsection.".', instead thereof.-(Mr Howard Flight.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 13) proposed to the Bill, in page 251, line 9, at the end, to insert the words 'and insert "or 4 (in respect of shares acquired under approved CSOP schemes pursuant to rights granted before 9th April 2003)".'.-(Mr Howard Flight.)
Question put, That the Amendment be made.
Tellers for the Ayes, Hugh Robertson, Mr Robert Syms: 189.
Tellers for the Noes, Mr Fraser Kemp, Margaret Moran: 309.
It being more than five and a half hours after the commencement of proceedings on the first of the Ways and Means Motions relating to the Bill set down this day, the Deputy Speaker put the Question on the Amendments moved by a Minister of the Crown to be disposed of at that hour.
Other Amendments (Nos. 114 to 134) made to the Bill.
Another Clause (Registered social landlords: treatment of certain leases granted between 1st January 1990 and 27th March 2000)-(Mr Paul Boateng)-brought up and read the first time.
Question proposed, That the Clause be read a second time.
And it being eight hours after the commencement of proceedings on the first of the Ways and Means Motions relating to the Bill set down this day, the Deputy Speaker put the Question already proposed from the Chair:-It was agreed to.
Clause added to the Bill.
The Deputy Speaker then put the Questions on Amendments selected by the Speaker for separate Division.
Another Amendment (No. 9) proposed to the Bill, in page 37, line 30, to leave out Clause No. 56.-(Mr Mark Prisk.)
Question put, That the Amendment be made.
Tellers for the Ayes, Angela Watkinson, Mr David Wilshire: 168.
Tellers for the Noes, Gillian Merron, Mr Nick Ainger: 294.
Another Amendment (No. 11) proposed to the Bill, in page 241, line 32, at the end, to insert the words 'but no order under this paragraph shall appoint a date earlier than 1st December 2004.'.-(Mr Mark Prisk.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr Robert Syms, Hugh Robertson: 173.
Tellers for the Noes, Gillian Merron, Mr Nick Ainger: 291.
The Deputy Speaker then put the Question on the remaining Amendments moved by a Minister of the Crown to be disposed of at that hour.
Other Amendments (Nos. 53 to 79, 143, 144, 80 to 97, 135 to 137, 145, 138 to 141 and 146) made to the Bill.
A Motion was made, and the Question being proposed, That the Bill be now read the third time;
And it being nine and a half hours after the commencement of proceedings on the first of the Ways and Means Motions relating to the Bill set down this day, the Deputy Speaker put the Question, pursuant to Order [this day].
Tellers for the Ayes, Gillian Merron, Mr Nick Ainger: 285.
Tellers for the Noes, Mr Robert Syms, Hugh Robertson: 175.
So the Question was agreed to.
The Bill was accordingly read the third time, and passed.
11 Hunting Bill (Programme) (No. 4),-A Motion was made, and the Question being proposed, That the Programme Order of 16th December 2002 in relation to the Hunting Bill be varied as follows-
1. Proceedings in the Standing Committee on re-committal shall (so far as not previously concluded) be brought to a conclusion on Monday 7th July.
2. The Standing Committee shall have leave to sit twice on the first day on which it meets.
3. Proceedings on consideration following re-committal shall (so far as not previously concluded) be brought to a conclusion two hours after their commencement.
4. Sessional Order B (Programming Committees) made on 28th June 2001 shall not apply to proceedings on consideration following re-committal-(Alun Michael);
And it being three-quarters of an hour after the commencement of proceedings on the Motion, the Deputy Speaker put the Question, pursuant to Orders [28th June 2001 and 29th October 2002].
Tellers for the Ayes, Gillian Merron, Mr Nick Ainger: 279.
Tellers for the Noes, Hugh Robertson, Mr Robert Syms: 140.
So the Question was agreed to.
12 Defence,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Armed Forces (Review of Search and Seizure) Order 2003, which was laid before this House on 28th April, be approved-(Margaret Moran);
And the Deputy Speaker's opinion as to the decision of the Question being challenged, the Division was deferred till to-morrow, pursuant to Orders [28th June 2001 and 29th October 2002].
13 Defence,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Army, Air Force and Naval Discipline Acts (Continuation) Order 2003, which was laid before this House on 28th April, be approved-(Margaret Moran):-It was agreed to.
14 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. 122) on Local Authorities with Autonomy on Formulaic Capital Allowances, a copy of which was laid before this House on 7th May, be approved-(Margaret Moran):-It was agreed to.
15 Immigration,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003, which was laid before this House on 5th June, be approved-(Margaret Moran);
And the Deputy Speaker's opinion as to the decision of the Question being challenged, the Division was deferred till to-morrow, pursuant to Orders [28th June 2001 and 29th October 2002].
16 Disabled Persons,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Disability Discrimination Act 1995 (Amendment) Regulations 2003, which were laid before this House on 8th May, be approved-(Margaret Moran):-It was agreed to.
17 Customs and Excise,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Tobacco Products (Description of Products) Order 2003 (S.I., 2003, No. 1471), which was laid before this House on 5th June, be approved-(Margaret Moran):-It was agreed to.
18 Financial Services and Markets,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 1) Order 2003 (S.I., 2003, No. 1475), dated 5th June 2003, a copy of which was laid before this House on 5th June, be approved-(Margaret Moran):-It was agreed to.
19 Financial Services and Markets,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003 (S.I., 2003, No. 1476), dated 5th June 2003, a copy of which was laid before this House on 5th June, be approved-(Margaret Moran):-It was agreed to.
20 Financial Services and Markets,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2003, which was laid before this House on 5th June, be approved-(Margaret Moran):-It was agreed to.
21 Financial Services and Markets,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Financial Services and Markets Act 2000 (Exemption) (Amendment) (No. 2) Order 2003, which was laid before this House on 5th June, be approved-(Margaret Moran):-It was agreed to.
22 Public Petitions,-Public Petitions from-
(1) residents of North Belfast and elsewhere for heavier sentences for those who cause death by their driving;
(2) Councillor Lionel Hart, Councillor Pat Haunts, Janet Penn, residents of Canvey Island and others for the maintenance of Post Office facilities in Canvey Island shopping centre; and
(3) Mrs Maureen Campbell, Mrs Margarette Robbins, Councillor Ray Howard, Councillor Tony Belford and others for the reopening of Canvey Island Police Station and maintenance of public access to local police stations
were presented and read; and ordered to lie upon the Table and to be printed.
23 Public Petitions,-A Public Petition from residents of east Hertfordshire, north and west Essex and the surrounding communities against proposals to construct more runways at Stansted Airport was presented; and ordered to lie upon the Table and to be printed.
24 Adjournment,-A Motion was made, and the Question being proposed, That this House do now adjourn-(Bridget Prentice);
Wednesday 2nd July 2003
And the Question being put;
Resolved, That this House do now adjourn.
And accordingly, the House, having continued to sit till three minutes past Twelve o'clock on Wednesday morning, adjourned till this day.
[Adjourned at 12.03 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:
Other Papers:
1 Audit (Northern Ireland),-Report by the Comptroller and Auditor for Northern Ireland on the Department for Regional Development: Management of Industrial Sickness Absence [by Statutory Instrument]; to be printed [No. 736] [Mr Secretary Murphy].
2 Export Controls,-Report on Strategic Export Controls for 2002 [by Command] [Cm. 5819] [Mr Secretary Straw].
3 Public Petitions,-Observations by the Deputy Prime Minister on the Petition [19th May] from Mrs Hughes and others against for greater control by local communities over the siting of mobile phone masts [by Standing Order]; to be printed [Clerk of the House].
APPENDIX II
Standing Committees
1 Courts Bill [Lords] (Programming Sub-Committee),-The Speaker has appointed Bridget Prentice in place of Mr Fraser Kemp as a member of the Programming Sub-Committee of Standing Committee D in respect of the Bill.
2 Hunting (re-committed) Bill,-The Speaker has appointed Mr Peter Pike as an additional Chairman of Standing Committee F in respect of the Bill.
3 Food Supplements (England) Regulations 2003 (S.I., 2003, No. 1387),-The Speaker has appointed Mr Win Griffiths Chairman of the Second Standing Committee on Delegated Legislation in respect of the Regulations, in place of David Taylor.
4 Draft Community Care Plans (Disapplication) (England) Order 2003,-The Speaker has appointed Derek Conway Chairman of the Third Standing Committee on Delegated Legislation in respect of the draft Order, in place of Mrs Marion Roe.
5 Draft Contracting Out (Function in relation to the Management of Crown Lands) Order 2003,-The Committee of Selection has discharged David Winnick from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Mr Adrian Bailey.
6 Draft Double Taxation Relief (Taxes on Income) (Canada) Order 2003 and the draft Double Taxation Relief (Taxes on Income) (Mauritius) Order 2003,-The Speaker has appointed Mr Joe Benton Chairman of the Ninth Standing Committee on Delegated Legislation in respect of the draft Orders in place of Derek Conway.
7 Draft Greater London Authority Elections (Election Addresses) Order 2003,-The Speaker has appointed Mr David Amess Chairman of the Tenth Standing Committee on Delegated Legislation in respect of the draft Order.
European Standing Committees
8 The Committee of Selection has discharged Dr Stephen Ladyman from European Standing Committee C; and nominated in substitution Valerie Davey.
APPENDIX III
Reports from Select Committees
1 Environmental Audit,-Minutes of Evidence taken before the Environmental Audit Committee [Budget 2003 and Aviation]; to be printed [No. 672-iv] [Mr John Horam].
2 Environment, Food and Rural Affairs,-Minutes of Evidence taken before the Environment, Food and Rural Affairs Committee [CAP Reform]; to be printed [No. 915-i] [Mr David Curry].
3 Office of the Deputy Prime Minister: Planning, Local Government and the Regions,-Minutes of Evidence taken before the Office of the Deputy Prime Minister: Planning, Local Government and the Regions Committee [ODPM Annual Report and Accounts 2003]; to be printed [No. 900-i] [Andrew Bennett].
4 Regulatory Reform,-Minutes of Evidence taken before the Regulatory Reform Committee [Operation of the Regulatory Act 2001]; to be printed [No. 908-i] [Mr Peter Pike].
5 Scottish Affairs,-Minutes of Evidence taken before the Scottish Affairs Committee [Customs services in Scotland] [No. 911-i] [Mrs Irene Adams].
6 Statutory Instruments,-Twenty-fourth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 96-xxiv] [Mr David Tredinnick].
7 Trade and Industry,-Minutes of Evidence taken before the Trade and Industry Committee [Executive Remuneration]; to be printed [No. 914-i and -ii] [Mr Martin O'Neill].
8 Treasury,-Minutes of Evidence taken before the Treasury Committee [Transparency of Credit Card Charges]; to be printed [No. 907-i] [Mr John McFall].
9 Welsh Affairs,-Minutes of Evidence taken before the Welsh Affairs Committee [Changes in Customs and Excise Operations in Wales]; to be printed [No. 916-i] [Mr Martyn Jones].
[W.H., No. 76]
Minutes of Proceedings of the Sitting in Westminster Hall
The sitting commenced at half-past Nine o'clock.
Adjournment,-Resolved, That the sitting be now adjourned.-(Mr Vernon Coaker.)
And accordingly the sitting was adjourned till to-morrow.
[Adjourned at 4.42 p.m.
Sir Alan Haselhurst
Deputy Speaker
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