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The House met at half-past Two o'clock.
PRAYERS.
1 London Local Authorities Bill [Lords],-The Order of the day being read, for resuming the adjourned debate on the Question proposed [13th November], That the promoters of the London Local Authorities Bill [Lords] shall have leave to suspend proceedings thereon in order to proceed with it, if they think fit, in the next session of Parliament, provided that notice of their intention to do so is lodged in the Private Bill Office not later than the day before the close of the present session and that all fees due up to that date have been paid;
That, if the Bill is brought from the Lords in the next session, a declaration signed by the agent shall be deposited in the Private Bill Office, stating that the Bill is the same in every respect as the Bill brought from the Lords in the present session,
That the Clerk in the Private Bill Office shall lay upon the Table of the House a certificate, that such a declaration has been deposited;
That in the next session the Bill shall be deemed to have passed through every stage through which is has passed in the present session, and shall be recorded in the Journal of the House as having passed those stages;
That no further fees shall be charged to such stages;
Ordered, That the Debate be resumed on Tuesday 2nd December.
2 Message from the Lords,-A Message was brought from the Lords, as follows:
Taxation (Information) Bill [Lords],-The Lords have passed a Bill to make provision for public information about the burden of taxation; for a public holiday in each calendar year to mark in symbolic fashion the date on which the national burden of taxation may be said to have been discharged; and for connected purposes; to which the Lords desire the concurrence of this House.
Wild Mammals (Protection) (Amendment) (No. 2) Bill [Lords],-The Lords have passed a Bill to amend the Wild Mammals Protection Act 1996; to which the Lords desire the concurrence of this House.
The Lords agree to the Criminal Justice Bill, with Amendments, to which they desire the concurrence of this House.
The Lords agree without amendment to the Amendments made by this House to the Water Bill [Lords].
The Lords disagree to an Amendment made by this House to the Sexual Offences Bill [Lords], for which disagreement they assign their Reason; they disagree to another Amendment but propose and Amendment in lieu thereof; they agree to another Amendment, with an Amendment in lieu of the words so left out of the Bill; they agree to certain other Amendments, with Amendments; and they agree without amendment to the remaining Amendments.
3 Sexual Offences Bill [Lords],-Lords Amendment in lieu of words left out of the Bill by a Commons Amendment, Lords Amendment in lieu of a Commons Amendment, Lords Reason for disagreeing to a Commons Amendment, and Lords Amendments to Commons Amendments to the Sexual Offences Bill [Lords] to be considered to-morrow; and to be printed pursuant to Standing Orders Nos. 57A (Bills brought from the Lords) and 78 (Lords amendments) on 13th November [Bill 180].
4 Criminal Justice Bill,-Lords Amendments to the Criminal Justice Bill to be considered to-morrow; and to be printed [Bill 181].
5 Courts Bill [Lords] (Programme) (No. 2),-A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 29th October 2002], That the following provisions shall apply to the Courts Bill [Lords] for the purpose of supplementing the Order of 9th June 2003-
Consideration of Lords Message
1. Proceedings on consideration of the Lords Message shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement at this day's sitting.
2. Any further Message from the Lords may be considered forthwith without any question put.
3. Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement-(Margaret Moran);
Tellers for the Ayes, Mr Nick Ainger, Margaret Moran: 303.
Tellers for the Noes, Hugh Robertson, Gregory Barker: 123.
So the Question was agreed to.
6 Courts Bill [Lords],-The House, according to Order, proceeded to consider the Lords Amendments to a Commons Amendment and the Lords consequential Amendment to the Courts Bill [Lords].
Lords Amendments Nos. 24A to 24D were agreed to.
7 Anti-social Behaviour Bill [Money] (No. 2),-Her Majesty's Recommendation having been signified to the proposed Motion relating to Anti-social Behaviour Bill [Money] (No. 2);
Resolved, That, for the purposes of any Act resulting from the Anti-social Behaviour Bill ("the Act"), it is expedient to authorise the payment of money provided by Parliament of any expenses incurred by the Secretary of State in consequence of the Act.-(Mr John Heppell.)
8 Anti-social Behaviour Bill (Programme) (No. 3),-A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 29th October 2002], That the following provisions shall apply to the Anti-social Behaviour Bill for the purpose of supplementing the Orders of 8th April 2003 and 24th June 2003:
Consideration of Lords Amendments
1. Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion three hours after their commencement at this day's sitting.
2. Those proceedings shall be taken in the order shown in the first column of the following Table, and each part of those proceedings shall (so far as not previously concluded) be brought to a conclusion at the time shown in the second column.
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Lords Amendments |
Time for conclusion of proceedings |
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Nos. 1 to 22 |
An hour and a quarter after the commencement of proceedings on consideration of Lords Amendments. |
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Nos. 23 to 41 |
Two and a quarter hours after the commencement of those proceedings. |
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Nos. 42 to 74 |
Three hours after the commencement of those proceedings. |
3. Any further Message from the Lords may be considered forthwith without any Question put.
4. The proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement-(Gillian Merron);
Tellers for the Ayes, Mr Vernon Coaker, Mr Fraser Kemp: 310.
Tellers for the Noes, Mr John Randall, Hugh Robertson: 161.
So the Question was agreed to.
9 Anti-social Behaviour Bill,-The House, according to Order, proceeded to consider the Lords Amendments to the Anti-social Behaviour Bill.
Lords Amendments Nos. 1 to 38 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 14 and 28.
An Amendment ((a)) was proposed to the Lords Amendment, in line 4, at the end to inset the words-
'( )In subsection (1) omit "in the open air".'-(Mr James Paice.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Lords Amendment agreed to.
Lords Amendment No. 40 was agreed to.
An Amendment ((a)) was proposed to the Lords Amendment, in line 10, at the end to insert the words-
'3CWhere the local authority in 3B is a District or Unitary Authority the officer must also consult every adjoining District or Unitary Authority.'.-(Mr James Paice.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr Mark Francois, Mr Geoffrey Clifton-Brown: 156.
Tellers for the Noes, Mr Fraser Kemp, Mr Vernon Coaker: 311.
So the Question was negatived.
Lords Amendment agreed to.
Lords Amendment No. 42 was agreed to.
It being three hours after the commencement of proceedings on the Lords Amendments, the Deputy Speaker put forthwith the Question on the remaining Lords Amendments, pursuant to Order [this day].
Lords Amendments Nos. 43 to 74 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 45 to 48, and 54.
10 Income Tax,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That an humble Address be presented to Her Majesty, praying that the Double Taxation Relief (Taxes on Income) (Chile) Order 2003 be made in the form of the draft laid before this House on 8th September-(Derek Twigg):-It was agreed to.
Address to be presented to Her Majesty by such Members of the House as are of Her Majesty's Most Honourable Privy Council or of Her Majesty's Household.
11 Income Tax,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That an humble Address be presented to Her Majesty, praying that the Double Taxation Relief (Taxes on Income) (Australia) Order 2003 be made in the form of the draft laid before this House on 8th September-(Derek Twigg):-It was agreed to.
Address to be presented to Her Majesty by such Members of the House as are of Her Majesty's Most Honourable Privy Council or of Her Majesty's Household.
12 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 Retention of Communications Data (Code of Practice) Order 2003, which was laid before this House on 29th October, be approved-(Derek Twigg);
Tellers for the Ayes, Charlotte Atkins, Paul Clark: 312.
Tellers for the Noes, Hugh Robertson, Mr Mark Francois: 154.
So the Question was agreed to.
13 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 Retention of Communications Data (Extension of Initial Period) Order 2003, which was laid before this House on 11th September, be approved-(Derek Twigg);
Tellers for the Ayes, Charlotte Atkins, Paul Clark: 307.
Tellers for the Noes, Hugh Robertson, Mr Mark Francois: 156.
So the Question was agreed to.
14 Fees and Charges,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Department for Transport (Driver Licensing and Vehicle Registration Fees) Order 2003, which was laid before this House on 3rd November, be approved-(Derek Twigg):-It was agreed to.
15 Emissions of Volatile Organic Compounds from Solvents,-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. 5268/03, draft Directive on the limitation of emissions of volatile organic compounds due to the use of organic solvents in decorative paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC; and supports the Government's objectives both of taking measures to reduce emissions of precursors of ground-level ozone across the European Union, recognising that high concentrations of ground level ozone represent a serious public health risk, and also of seeking to reduce as far as possible adverse effects on United Kingdom industry of new European Union legislation-(Derek Twigg):-It was agreed to.
16 Public Accounts,-Ordered, That Mr David Rendel be discharged from the Committee of Public Accounts and Mr Richard Allan be added.-(Mr Bob Ainsworth.)
17 Standards and Privileges,-Ordered, That Mr Russell Brown be discharged from the Committee on Standards and Privileges and Mr Stephen Pound be added.-(Mr Bob Ainsworth.)
18 Home Affairs,-Ordered, That Mr John Bercow be discharged from the Home Affairs Committee and Mr John Taylor be added.-(Mr Bob Ainsworth, on behalf of the Committee of Selection.)
19 Defence,-Ordered, That Mr Gerald Howarth be discharged from the Defence Committee and Mr Crispin Blunt be added.-(Mr Bob Ainsworth, on behalf of the Committee of Selection.)
20 International Development,-Ordered, That Alistair Burt be discharged from the International Development Committee and Mr Quentin Davies be added.-(Mr Bob Ainsworth, on behalf of the Committee of Selection.)
21 Adjournment,-A Motion was made, and the Question being proposed, That this House do now adjourn-(Derek Twigg);
And it being Ten o'clock, the Motion for the adjournment of the House lapsed, without Question put.
22 Adjournment,-Resolved, That this House do now adjourn.-(Mr Nick Ainger.)
And accordingly the House, having continued to sit till twenty-two minutes past Ten o'clock, adjourned till to-morrow.
[Adjourned at 10.22 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 14th November 2003 (Non-sitting Friday, S.O. No. 12) pursuant to Standing Order No. 158 (Presentation of command papers):
1 Regulatory Impact Assessments,-List of Regulatory Impact Assessments for 1st January to 30th June 2003 [Cm. 5981] [Mr Douglas Alexander].
Papers delivered to the Votes and Proceedings Office on Friday 14th November 2003 (Non-sitting Friday, S.O. No. 12) pursuant to Standing Order No. 159 (Presentation of statutory instruments):
Papers subject to Negative Resolution:
2 Merchant Shipping,-Merchant Shipping (Merchant Navy Reserve) (Revocation) Regulations 2003 (S.I., 2003, No. 2861), dated 10th November 2003 [Mr Secretary Darling].
Papers presented or laid upon the Table on Monday 17th November 2003:
Papers subject to Affirmative Resolution:
3 Local Government,-Draft Local Government Best Value (Exemption) (England) Order 2003 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].
Papers subject to Negative Resolution:
4 Agriculture,-Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003 (S.I., 2003, No. 2912), dated 12th November 2003 [by Act] [Mr Secretary Reid].
5 European Communities,-European Communities (Designation) (No. 4) Order 2003 (S.I., 2003, No. 2901), dated 13th November 2003 [by Act] [Mr Secretary Straw].
Other Papers:
6 Law Commission,-Report of the Law Commission on Partnership Law [by Command] [Cm. 6015] [Mr Christopher Leslie].
7 National Audit,-Reports by the Comptroller and Auditor General on-
(1) Success in the regions, and
(2) Transforming the performance of HM Customs and Excise through electronic service delivery
[by Act]; to be printed [Nos. 1268 and 1267] [Clerk of the House].
8 Police (Northern Ireland),-Account of the Police Ombudsman for Northern Ireland for 2002-03, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1242] [Clerk of the House].
APPENDIX II
Reports from Select Committees
1 Draft Mental Incapacity Bill,-Report from the Joint Committee on the Draft Mental Incapacity Bill, together with Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Joint Committee [No. 1083] [Jim Dowd].
2 Education and Skills,-Minutes of Evidence taken before the Education and Skills Committee [Secondary Education: School Admissions]; to be printed [No. 1075-vi] [Mr Barry Sheerman].
3 Environment, Food and Rural Affairs,-Minutes of Evidence taken before the Environmental Directives Sub-committee of the Environment, Food and Rural Affairs Committee [The Waste Electrical and Electronic Equipment Directive and End of Life Vehicles Directive]; to be printed [No. 1281-ii] [Mr Michael Jack].
4 Human Rights,-(1) Seventeenth Report from the Joint Committee on Human Rights [Scrutiny of Bills], together with Appendices; to be printed, with the Minutes of Proceedings of the Joint Committee [No. 1278];
(2) Eighteenth Report from the Committee [The Government's Response to the Committee's Tenth Report of Session 2002-03 on the UN Convention on the Rights of the Child]; together with Appendices, to be printed, with the Minutes of Proceedings of the Joint Committee [No. 1279]; and
(3) Nineteenth Report from the Committee [Draft Gender Recognition Bill]; together with Appendices; to be printed, with the Minutes of Proceedings of the Joint Committee [No. 1276]
5 Public Accounts,-Minutes of Evidence taken before the Committee of Public Accounts [Housing the Homeless]; to be printed [No. 1280-i] [Mr Edward Leigh].
6 Welsh Affairs,-Minutes of Evidence taken before the Welsh Affairs Committee [The Provision of Railways Services in Wales]; to be printed [No. 1029-v] [Mr Martyn Jones].
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