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The House met at half-past Two o'clock.
PRAYERS.
1 Second Standing Committee on Delegated Legislation,-Mrs Marion Roe reported from the Second Standing Committee on Delegated Legislation the draft Education (Amendment of the Curriculum Requirements for Fourth Key Stage) (England) Order 2003.
Minutes of Proceedings of the Committee to lie upon the Table.
2 European Standing Committee C,-Mrs Irene Adams reported from European Standing Committee C the following Resolution:
That the Committee takes note of the unnumbered explanatory memorandum dated 15th January 2003 from the Department of Trade and Industry on the European Commission's guidance associated with merger control proceedings and horizontal mergers, and European Union document No. 5007/03, draft Council Regulation on the control of concentrations between undertakings ('The European Community Merger Regulation'); welcomes the draft Regulation and associated guidance as an important step in securing reform of the European Community merger regime; and supports the Government's approach in seeking to build on the strengths of the existing Regulation to achieve a modern framework for European merger control as part of the economic reform agenda.
Report, together with Resolution, to lie upon the Table.
3 Water Bill [Lords],-The House, according to Order, proceeded to consider the Water Bill [Lords], as amended in the Standing Committee.
A Clause-(Commencement and expiry of licences)-(Mr Bill Wiggin)-brought up and read the first time.
Question put, That the Clause be read a second time.
Tellers for the Ayes, Mr Mark Francois, Mr John Randall: 132.
Tellers for the Noes, Gillian Merron, Bridget Prentice: 318.
Amendments (Nos. 54 to 85) made to the Bill.
Another Clause (Regulatory methodology)-(Mr Bill Wiggin)-brought up and read the first time.
Question proposed, That the Clause be read a second time:-Clause, by leave, withdrawn.
Another Amendment (No. 19) proposed to the Bill, in page 135, line 8, after the word 'chairman', to insert the words ', a chief executive'.-(Mr Andrew Lansley.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr Mark Francois, Mr John Randall: 160.
Tellers for the Noes, Mr Fraser Kemp, Margaret Moran: 282.
It being after Six o'clock, the Deputy Speaker put forthwith the Question on the remaining Government Amendments to be disposed of at that hour, pursuant to Order [5th November].
Amendments (Nos. 86 to 89) made to the Bill.
Another Clause-(Schemes for the adoption of sewers, lateral drains and sewage disposal works)-(Mr Elliot Morley)-brought up, read the first and second time and added to the Bill.
Another Clause (Consultation on the cost of environmental protection measures)-(Norman Baker)-brought up and read the first time.
Question put, That the Clause be read a second time.
Tellers for the Ayes, Bob Russell, Mr Alan Reid: 122.
Tellers for the Noes, Margaret Moran, Mr John Heppell: 247.
It being after Seven o'clock, the Deputy Speaker put forthwith the Question on the remaining Government Amendments to be disposed of at that hour.
Amendments (Nos. 90 and 94 to 101) made to the Bill.
Another Clause (Prohibition of artificial fluoridation of water supplies)-(Mr Simon Thomas)-brought up and read the first time.
Question proposed, That the Clause be read a second time.
And it being Nine o'clock, the Deputy Speaker put the Question already proposed from the Chair.
Tellers for the Ayes, Mr Jim Murphy, Derek Twigg: 181.
Tellers for the Noes, Jim Fitzpatrick, Joan Ryan: 284.
The Deputy Speaker put forthwith the Question on an Amendment selected by the Speaker for separate division.
Amendment (No. 8) proposed to the Bill, in page 75, line 23, to leave out from the word 'a' to the end of line 25 and insert the words 'local authority', instead thereof.-(Mr Bill Wiggin.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr Jim Murphy, Derek Twigg: 200.
Tellers for the Noes, Jim Fitzpatrick, Joan Ryan: 243.
The Deputy Speaker put forthwith the Question on the remaining Government Amendments to be disposed of at that hour.
Amendments (Nos. 91 to 93, 102, 103, 117 to 125 and 104 to 116) made to the Bill.
A Motion being made, That the Bill be now read the third time;
Alun Michael, by Her Majesty's Command, acquainted the House, That Her Majesty, having been informed of the purport of the Bill, gives her Consent, as far as Her Majesty's interest is concerned, That the House may do therein as it shall think fit.
Alun Michael, 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, as far as the Prince of Wales's interest is concerned, That the House may do therein as it shall think fit.
And the Question being proposed, That the Bill be now read the third time;
And it being Ten o'clock, the Speaker put the Question, pursuant to Order [5th November]:-It was agreed to.
The Bill was accordingly read the third time, and passed, with Amendments.
4 Sittings of the House,-Ordered, That
(1) at the sittings on Wednesday 12th, Monday 17th, Tuesday 18th, Wednesday 19th and Thursday 20th November, the Speaker shall not adjourn the House until any Message from the Lords has been received and any Committee to draw up Reasons which has been appointed at that sitting has reported; and
(2) from Thursday 20th November until the end of the current Session of Parliament, the Speaker shall not adjourn the House on any day on which a message from the Lords Commissioners is expected until that message has been received.-(Bridget Prentice.)
5 Business of the House,-Ordered, That, at the sitting on Wednesday 12th November, notwithstanding the provisions of Standing Order No.16 (Proceedings under an Act or on European Union Documents), the Speaker shall put the Questions necessary to dispose of proceedings on the Motions in the name of Mr Chancellor of the Exchequer relating to Stamp Duty Land Tax not later than three hours after the commencement of proceedings on the first Motion; proceedings may continue after the moment of interruption; and the Orders of the House of 28th June 2001 and 29th October 2002 relating to deferred Divisions shall not apply.-(Bridget Prentice.)
6 Regulatory Reform,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 18 (Consideration of draft regulatory reform orders), That the draft Regulatory Reform (Business Tenancies) (England and Wales) Order 2003, which was laid before this House on 17th September, be approved-(Bridget Prentice):-It was agreed to.
7 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 (Communications Data) Order 2003, which was laid before this House on 11th September, be approved-(Bridget Prentice):-It was agreed to.
8 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 (Directed Surveillance and Covert Human Intelligence Sources) Order 2003, which was laid before this House on 15th October, be approved-(Bridget Prentice):-It was agreed to.
9 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 (Intrusive Surveillance) Order 2003, which was laid before this House on 11th September, be approved-(Bridget Prentice):-It was agreed to.
10 Sea Fisheries,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Fishing Vessels (Decommissioning) Scheme 2003 (S.I., 2003., No. 2669), dated 14th October 2003, a copy of which was laid before this House on 16th October, be approved-(Bridget Prentice):-It was agreed to.
11 Postal Services,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Postal Services Act 2000 (Consequential Modifications) Order 2003, which was laid before this House on 14th October, be approved-(Bridget Prentice):-It was agreed to.
12 Science and Technology,-Ordered, That Mr David Heath be discharged from the Science and Technology Committee and Dr Evan Harris be added.-(Mr John McWilliam, on behalf of the Committee of Selection.)
13 Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,-Ordered, That Dr John Pugh be discharged from the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee and Mr Adrian Sanders be added.-(Mr John McWilliam, on behalf of the Committee of Selection.)
14 Transport,-Ordered, That Tom Brake be discharged from the Transport Committee and Mr Paul Marsden be added.-(Mr John McWilliam, on behalf of the Committee of Selection.)
15 Adjournment,-A Motion was made, and the Question being proposed, That this House do now adjourn-(Bridget Prentice);
And the Motion having been made after Ten o'clock, and the Debate having continued for half an hour, the Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then twenty-eight minutes to Eleven o'clock, till to-morrow.
[Adjourned at 10.32 p.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 delivered to the Votes and Proceedings Office on Friday 7th November 2003 (Non-sitting Friday, S.O. No. 12) pursuant to Standing Order No. 158 (Presentation of command papers):
1 Home Office,-Paper, Prison Statistics England and Wales 2002 [Cm 5996] [Mr Secretary Blunkett].
2 Science and Technology,-Government Response to the Fourth Report from the House of Lords Science and Technology Committee Session 2002-03, on 'Fighting Infection' [Cm 6012] [Mr Secretary Reid].
3 Treaty Series (No. 45, 2003),-Agreement, done at Lima on 7th March 2003, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Peru on the Transfer of Sentenced Persons [Cm 6009] [Mr Secretary Straw].
Papers delivered to the Votes and Proceedings Office on Friday 7th November 2003 (Non-sitting Friday, S.O. No. 12) pursuant to Standing Order No. 159 (Presentation of statutory instruments):
Papers subject to Negative Resolution:
4 Employment and Training,-(1) Employment Equality (Religion or Belief) (Amendment) Regulations 2003 (S.I., 2003, No. 2828), and
(2) Employment Equality (Sexual Orientation) (Amendment) Regulations 2003 (S.I., 2003, No. 2827),
dated 6th November 2003 [Ms Secretary Hewitt].
5 Juries,-Juries (Northern Ireland) Order 1996 (Amendment) Regulations 2003 (S.R. (N.I.), 2003, No. 474), dated 6th November 2003 [David Lammy].
6 National Health Service,-(1) NHSU (Establishment and Constitution) Order 2003 (S.I., 2003, No. 2772), and
(2) NHSU Regulations 2003 (S.I., 2003, No. 2773),
dated 3rd November 2003 [Mr Secretary Reid].
7 Police,-National Police Records (Recordable Offences) (Amendment) Regulations 2003 (S.I., 2003, No. 2823), dated 5th November 2003 [Mr Secretary Blunkett].
8 Supreme Court (Northern Ireland),-Crown Court (Amendment No. 3) Rules (Northern Ireland) 2003 (S.R. (N.I.), 2003, No. 471), dated 4th November 2003 [Christopher Leslie].
Papers presented or laid upon the Table on Monday 10th November 2003:
Papers subject to Negative Resolution:
9 Disabled Persons,-Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I., 2003, No. 2770), dated 1st November 2003 [by Act] [Mr Secretary Smith].
10 Family Proceedings,-Family Proceedings (Amendment No. 2) Rules 2003, (S.I., 2003, No. 2839), dated 10th November 2003 [by Act] [Mr Christoper Leslie].
11 Income Tax,-General Insurance Reserves (Tax) (Amendment) Regulations 2003 (S.I., 2003, No. 2862), dated 10th November 2003 [by Act] [Ruth Kelly].
12 Legal Services,-Community Legal Service (Financial) (Amendment No. 2) Regulations 2003 (S.I., 2003, No. 2838), dated 6th November 2003 [by Act] [Mr David Lammy].
13 Magistrates' Courts,-Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2003 (S.I., 2003, No. 2840), dated 10th November 2003 [by Act] [Mr Christopher Leslie].
14 National Health Service,-(1) National Health Service (Improved Access, Quality Information Preparation and Violent Patients Schemes) (England) Regulations 2003 (S.I., 2003, No. 2824), dated 6th November 2003; and
(2) National Health Service (General Medical Services etc.) (Patients' Forums) Amendment Regulations 2003 (S.I., 2003, No. 2863), dated 10th November 2003
[by Act] [Mr Secretary Reid].
15 Pensions,-Judicial Pensions and Retirement Act 1993 (Qualifying Judicial Offices) (Amendment) Order 2003 (S.I., 2003, No. 2775), dated 1st November 2003 [by Act] [Mr Christopher Leslie].
16 Sex Discrimination,-Code of Practice on Equal Pay Order 2003 (S.I., 2003, No. 2865), dated 7th November 2003 [by Act] [Ms Secretary Hewitt].
17 Social Security,-Social Security (Electronic Communications) (Carer's Allowance) Order 2003 (S.I., 2003, No. 2800), dated 3rd November 2003 [by Act] [Mr Secretary Smith].
18 Taxes,-(1) Stamp Duty and Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003 (S.I., 2003, No. 2868), dated 10th November 2003,
(2) Stamp Duty Land Tax (Administration) Regulations 2003 (S.I., 2003, No. 2837), dated 7th November 2003, and
(3) Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003 (S.I., 2003, No. 2867), dated 10th November 2003
Other Papers:
19 Biological Standards,-Account of the National Biological Standards Board for 2002-03, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1271] [Clerk of the House].
20 Government Resources and Accounts,-Resource Accounts of the Lord Chancellor's Department for 2002-03, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No.1243] [Ruth Kelly].
21 Judicature (Northern Ireland),-Accounts of Funds in Court in Northern Ireland for 1998-99 and 1999-2000, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1269] [Clerk of the House].
22 National Audit,-Reports by the Comptroller and Auditor General on-
(1) Identifying and Tracking Livestock in England, and
(2) Unlocking the past: the 1901 census online
[by Act]; to be printed [Nos. 1144 and 1259] [Clerk of the House].
23 Office of the Deputy Prime Minister,-Government Response to the Tenth Report from the Office of the Deputy Prime Minister: Housing, Planning, Local Government and Regions Committee, Session 2002-03, on The Draft Housing Bill [by Command] [Cm. 6000] [Mr Secretary Prescott].
24 Police (Northern Ireland),-Accounts for the period from 31st May 2000 to 31st March 2001 and for 2001-02 of the Office of the Oversight Commissioner, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1270] [Clerk of the House].
25 Regulatory Reform,-Proposal for a Regulatory Reform (Patents) Order 2004, together with a statement by the Department of Trade and Industry [by Act] [Ms Secretary Hewitt].
26 School Teachers,-Thirteenth Report of the School Teachers' Review Body, for 2003 [by Command] [Cm. 5987] [The Prime Minister].
APPENDIX II
Standing Committees
1 Draft Education (Amendment of the Curriculum Requirements for Fourth Key Stage) Order 2003,-The Committee of Selection has discharged Mr Paul Truswell from the Second Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Mr Kevan Jones.
APPENDIX III
Reports from Select Committees
1 Education and Skills,-Minutes of Evidence taken before the Education and Skills Committee [Secondary Education: School Admissions]; to be printed [No. 1075-iv] [Mr Barry Sheerman].
2 Environment, Food and Rural Affairs,-Minutes of Evidence taken before the Cetacean By-Catch Sub-Committee of the Environment, Food and Rural Affairs Committee [Cetacean By-Catch]; to be printed [No. 1244-ii] [Mr David Curry].
3 Human Rights-Sixteenth Report from the Joint Committee on Human Rights [Draft Voluntary Code of Practice on Retention of Communications Data under Part 11 of the Anti-terrorism, Crime and Security Act 2001]; together with Appendices, to be printed, with the Minutes of Proceedings relating to the Report [No. 1272] [Jean Corston].
4 Office of the Deputy Prime Minster: Housing, Planning, Local Government and the Regions,-Minutes of Evidence taken before the Urban Affairs Sub-Committee of the Office of the Deputy Prime Minster: Housing, Planning, Local Government and the Regions Committee [Coalfield Communities]; to be printed [No. 1169-i] [David Clelland].
5 Public Accounts,-Minutes of Evidence taken before the Committee of Public Accounts [The Office of Telecommunications: Helping customers benefit from competition in the telecommunications market]; to be printed [No. 1273-i] [Mr Edward Leigh].
6 Science and Technology,-Minutes of Evidence taken before the Science and Technology Committee [Office of Science and Technology Scrutiny Report 2003]; to be printed [No. 1265-i] [Dr Ian Gibson].
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