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The House met at half-past Eleven o'clock.
PRAYERS.
1 London Local Authorities Bill [Lords],-A Motion was made, and the Question being proposed, That the promoters of the London Local Authorities Bill [Lords] may, notwithstanding anything in the Standing Orders or practice of this House, proceed with the Bill in the present Session; and the Petition for the Bill shall be deemed to have been deposited and all Standing Orders applicable to it shall be deemed to have been complied with;
That, if the Bill is brought from the Lords in the present 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 last 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 present session the Bill shall be deemed to have passed through every stage through which it passed in the last 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-(The Second Deputy Chairman of Ways and Means);
Ordered, That the Debate be resumed on Wednesday 14th January.
2 First Standing Committee on Delegated Legislation,-Mr Alan Hurst reported from the First Standing Committee on Delegated Legislation the draft Solvent Emissions (England and Wales) Regulations 2004.
Minutes of Proceedings of the Committee to lie upon the Table.
3 Civil Contingencies Bill,-Mr Douglas Alexander, supported by Mr Chancellor of the Exchequer, Mr Secretary Blunkett, Mr Secretary Murphy, Mr Peter Hain, Mr Adam Ingram and Mr John Hutton, presented a Bill to make provision about civil contingencies: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 14].
Ordered, That the Explanatory Notes relating to the Civil Contingencies Bill be printed [Bill 14-EN].
4 Sustainable and Secure Buildings Bill,-Mr Andrew Stunell, supported by Sir Sydney Chapman, Sir Nicholas Winterton, Alan Simpson, Joan Walley, Brian White, Mr Simon Thomas, Sue Doughty, Mrs Patsy Calton, Mr Peter Ainsworth, Paddy Tipping and Mr David Amess, presented a Bill to make provision in relation to matters connected with buildings: And the same was read the first time; and ordered to be read a second time on Friday 30th January and to be printed [Bill 15].
5 Carers (Equal Opportunities) Bill,-Dr Hywel Francis, supported by Tony Baldry Mr Roy Beggs, Mr Roger Berry, Mr Paul Burstow, Mr Tom Clarke, Mr Huw Edwards, Mr David Hinchliffe, Anne Picking, David Taylor, Mrs Betty Williams and Hywel Williams, presented a Bill to make provision about life-long learning for, and the employment of, carers; to place duties on local authorities and health bodies in respect of carers; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 6th February and to be printed [Bill 16].
6 Gangmaster (Licensing) Bill,-Jim Sheridan, supported by Mr John Lyons, Anne Picking, Mr Mark Simmonds, David Hamilton, Mr Iain Luke and Mr John MacDougall, presented a Bill to make provision for the licensing of gangmasters; to make further provision concerning the enforcement of legislation relating to gangmasters; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 27th February and to be printed [Bill 17].
7 Promotion of Volunteering Bill,-Mr Julian Brazier, supported by Mr Iain Duncan Smith, Mr Bruce George, Mr Chris Smith, Mr Tim Boswell, Mr John Burnett, Mrs Gwyneth Dunwoody, Mr Nick Hawkins, Charles Hendry, Mr Jimmy Hood, Mr Lindsay Hoyle and Mr Ian Taylor, presented a Bill to make provision for volunteering and voluntary organisations; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 5th March and to be printed [Bill 18].
8 Cardiac Risk in the Young (Screening) Bill,-Ms Dari Taylor, supported by Jim Dobbin, Mr Kevan Jones, Shona McIsaac, Mr David Drew, Ms Meg Munn, Andy Burnham, Jean Corston, Dr Julian Lewis, Mr Eric Pickles, Dr Vincent Cable and Mr Nigel Jones, presented a Bill to make provision about screening for conditions leading to sudden cardiac death in the young; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 12th March and to be printed [Bill 19].
9 Christmas Day (Trading) Bill,-Mr Kevan Jones, supported by Mr A. J. Beith, Ann Coffey, Sir Patrick Cormack, Mr David Crausby, Mrs Gwyneth Dunwoody, Mr Gerald Howarth, Helen Jones, Mr Colin Pickthall, Mark Tami, Mr Tom Watson and Sir Nicholas Winterton, presented a Bill to prohibit the opening of large shops on Christmas Day: And the same was read the first time; and ordered to be read a second time on Friday 26th March and to be printed [Bill 20].
10 Protective Headgear for Young Cyclists Bill,-Mr Eric Martlew, supported by Mr Julian Brazier, Mr David Rendel, Dr Richard Taylor, Mr Keith Bradley, Mr Andrew Mitchell, Dr Howard Stoate, Mr Joe Benton, Mr Hilton Dawson, Mr Mike Hancock, Keith Vaz and Annabelle Ewing, presented a Bill to make provision for the wearing of protective headgear by children while riding cycles; to prescribe offences and penalties; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 23rd April and to be printed [Bill 21].
11 Constitution for the European Union (Referendum) Bill,-Mr John Maples, supported by Mr Frank Field, Mr David Heathcoat-Amory, Kate Hoey, Mr Peter Lilley, Mr Archie Norman, Mr George Osborne, Richard Ottaway, Sir George Young, Mr Edward Garnier, Mr Andrew Tyrie and Mrs Gillian Shephard, presented a Bill to make provision for a referendum on any Treaty establishing a Constitution for the European Union; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 23rd April and to be printed [Bill 22].
12 Retirement Income Reform Bill,-Mr Adrian Flook, supported by Sir John Butterfill, Mr David Curry, Mr Frank Field, Mr Edward Garnier, Steve Webb and Mr Andrew Lansley, presented a Bill to amend the law relating to the provision of retirement income in respect of private and personal pensions, annuities and defined and additional voluntary contribution pension schemes: And the same was read the first time; and ordered to be read a second time on 26th March and to be printed [Bill 23].
13 Referendums (Thresholds) Bill,-Mr Gordon Prentice, supported by Mr Graham Stringer, Geraldine Smith, Mr Lindsay Hoyle, Mr Ian Liddell-Grainger, Mr Nigel Evans, Mr George Howarth and Bob Russell, presented a Bill to amend the Political Parties, Elections and Referendums Act 2000 to make provision to set thresholds in respect of referendums; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 27th February and to be printed [Bill 24].
14 Town and Country Planning (Enforcement Notices and Stop Notices) Bill,-Mr Eric Pickles, supported by Mr Philip Hammond, Mr Geoffrey Clifton-Brown, Mr John Hayes, Mr Robert Syms, Mr John Randall and Mr Mark Field, presented a Bill to amend the Town and Country Planning Act 1990 in respect of enforcement notices and stop notices; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 5th March and to be printed [Bill 25].
15 Wild Mammals (Protection) (Amendment) (No. 2) Bill,-Lembit Öpik, supported by Kate Hoey, Mrs Gwyneth Dunwoody, Mr Austin Mitchell, Mr Barry Sheerman, Mr Peter Luff, Richard Ottaway, Mr James Gray, Mr Andrew Mitchell, Mr Roger Williams, Mr Paul Tyler and Mr Simon Thomas, presented a Bill to amend the Wild Mammals (Protection) Act 1996: And the same was read the first time; and ordered to be read a second time on Friday 6th February and to be printed [Bill 26].
16 Performance of Companies and Government Departments (Reporting) Bill,-Andy King, supported by Linda Perham, Mr Michael Meacher, Mr Martin O'Neill, Mr John McFall, Mr Barry Sheerman, Tony Baldry, Sue Doughty, Norman Baker, Mr Simon Thomas, Mr Andrew Dismore and Mr John Horam, presented a Bill to make provision for the production and publication of annual reports on the social, environmental and economic impacts and performance of companies and Government departments; to specify certain duties of directors and Ministers; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 30th January and to be printed [Bill 27].
17 Property Repairs (Prohibition of Cold-calling) Bill,-Mr Andrew Robathan, supported by Mr Paul Truswell, Dr Julian Lewis, Ann Clwyd, Sir Sydney Chapman, Ann Keen and Mr James Paice, presented a Bill to make provision about cold-calling to solicit employment to undertake the laying of drives and other property repairs, maintenance and improvements: And the same was read the first time; and ordered to be read a second time on Friday 12th March and to be printed [Bill 28].
18 Illegal Hare-coursing (Enforcement of Prohibition) Bill,-Hugh Robertson presented a Bill to make provision for the enforcement of the prohibition on illegal hare-coursing: And the same was read the first time; and ordered to be read a second time on 12th March and to be printed [Bill 29].
19 Highways (Obstruction by Body Corporate) Bill,-Mr Michael Jabez Foster, supported by Dr Desmond Turner, Norman Baker, Laura Moffatt and Mr David Lepper, presented a Bill to apply section 314 of the Highways Act 1980 to offences under sections 137 and 137ZA of that Act: And the same was read the first time; and ordered to be read a second time on Friday 6th February and to be printed [Bill 30].
20 Genetically Modified Organisms Bill,-Gregory Barker, supported by Mr William Hague, Mr Peter Ainsworth, Mr John Hayes, Mr David Cameron, Tony Baldry, Mr Jonathan Sayeed, Mr Michael Meacher, Joan Ruddock, Alan Simpson, Sue Doughty and Mr Simon Thomas, presented a Bill to establish a licensing regime in the event of the release of genetically modified organisms into the environment; to establish liability for the release of genetically modified organisms into the environment and for damage caused thereby; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 26th March and to be printed [Bill 31].
21 Town and Country Planning (Telecommunications Masts) Bill,-Mr Richard Spring, supported by Mr Gary Streeter, Mr Hugo Swire, Mrs Marion Roe, Mr Gerald Howarth and Mr Keith Simpson, presented a Bill to amend the law relating to telecommunications masts: And the same was read the first time; and ordered to be read a second time on Friday 5th March and to be printed [Bill 32].
22 Trespassers on Land (Liability for Damage and Eviction) Bill,-Mr Gerald Howarth, supported by Mr Philip Hammond, Dr Julian Lewis, Mr Mark Todd, Mr Crispin Blunt, Mr Nick Hawkins, Mr Graham Allen, Mr Humfrey Malins, Mr James Arbuthnot and Sir George Young, presented a Bill to make a person liable for any damage caused to land, or property on that land, on which he is trespassing for the purpose of residing there; to amend the law in respect of eviction from land; to make provision for compensation; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 5th March and to be printed [Bill 33].
23 Older People's Commissioners Bill,-Ian Lucas, supported by David Taylor, Mr John Horam, Mr Paul Tyler, Mr Parmjit Dhanda, Mr Roger Williams, Joan Walley, Mr Nigel Evans, Albert Owen and Gareth Thomas (Clwyd West), presented a Bill to establish Older People's Commissioners for England and Wales; to make provision for the Commissioners' duties in respect of the protection of the rights and interests of older people; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 23rd April and to be printed [Bill 34].
24 Opposition Day [1st allotted day],-It being an allotted day at the disposal of the Leader of the Opposition in pursuance of Standing Order No. 14 (Arrangement of public business), the House proceeded to consider Opposition business.
Accuracy of NHS Performance Indicators,-A Motion was made, and the Question being proposed, That this House calls for an inquiry into the circumstances surrounding the decision in July 2002 to upgrade the star rating of the South Durham Health Care Trust from two stars to three following the involvement of the private office of the then Secretary of State for Health and with the knowledge of 10 Downing Street; further calls for greater transparency in the calculation and publication of performance indicators throughout the NHS; and is concerned that excessive reliance on such indicators inhibits the independence of professionals and managers and leads to distortions in the allocation of resources-(Mr Tim Yeo);
An Amendment was proposed to the Question, in line 2, to leave out from the word 'House' to the end of the Question and add the words 'notes that record investment in the NHS has to be linked to reform, and that this investment and the devolution of power to the front line require greater accountability; congratulates the Government on its record of making the NHS more transparent through the development of performance indicators; welcomes the Government's development of such indicators in consultation with patients and staff; congratulates the Government on giving responsibility for NHS performance monitoring to the independent Commission for Healthcare Audit and Inspection (CHAI), which reports direct to Parliament; and welcomes CHAI's commitment to developing new and more reflective indicators in partnership with representative bodies and the NHS itself', instead thereof.-(Mr Secretary Reid.)
And the Question being put, That the original words stand part of the Question;
Tellers for the Ayes, Gregory Barker, Mr Peter Atkinson: 204.
Tellers for the Noes, Mr Fraser Kemp, Gillian Merron: 338.
So the Question was negatived.
And the Question, That the proposed words be there added, being put forthwith, pursuant to Standing Order No. 31 (Questions on amendments):-It was agreed to.
The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to.
Resolved, That this House notes that record investment in the NHS has to be linked to reform, and that this investment and the devolution of power to the front line require greater accountability; congratulates the Government on its record of making the NHS more transparent through the development of performance indicators; welcomes the Government's development of such indicators in consultation with patients and staff; congratulates the Government on giving responsibility for NHS performance monitoring to the independent Commission for Healthcare Audit and Inspection (CHAI), which reports direct to Parliament; and welcomes CHAI's commitment to developing new and more reflective indicators in partnership with representative bodies and the NHS itself.
Long Term Care for Elderly People,-A Motion was made, and the Question being proposed, That this House expresses its profound concern at the continuing crisis in care for elderly people; deplores the Government's over-prescriptive, expensive and bureaucratic regulation of the care home sector, which has greatly exacerbated the crisis in care and has led to many care home closures; condemns the loss of over 70,000 long term care places since 1997 and is gravely concerned that the number of people receiving domiciliary care has fallen by 100,000 since 1997; is further concerned that the implementation of the Community Care (Delayed Discharges etc.) Act 2003 will merely place an unfair financial burden on Social Services departments, and could lead to patients being discharged prematurely from hospital into inappropriate care, resulting in an increase in emergency readmissions; and calls on the Government to recognise the crisis in the provision of long term care for elderly people, to take action to reduce the current rate of care home closures and to combat the decline in the availability of domiciliary care, rather than simply disregard the crisis-(Mr Simon Burns);
An Amendment was proposed to the Question, in line 2, to leave out from the word 'House' to the end of the Question and add the words 'welcomes the real terms increase in social services funding of 20 per cent. between 1997 and 2003, and the commitment to continue these increases by an annual 6 per cent. in real terms from this financial year to 2005-06; notes that councils are able to use these resources to increase fees they pay to care homes where they think necessary, with 2002-03 figures showing 56 per cent. of local councils in England and Wales increasing the fees they pay by at least 5 per cent; notes that the Laing & Buisson Care of Elderly People Market Survey published in July 2003 puts bed capacity in care homes from all sectors at 470,000 with demand estimated to be around 460,000; further notes that over 80 per cent. of older people say they want to live independently in their own homes for as long as possible; supports the Government's policy of improving choice by providing alternatives to residential care with 20,900 more households since 1998 receiving intensive home care packages, 143,200 additional people receiving intermediate care services since 1999, and a cash injection of £87 million to be spent on creating 1,500 new extra care housing places by 2006; and further supports the Government's policy of driving up care standards where the care is delivered and ensuring that older people are not held unnecessarily in acute hospital beds when their care needs can be better met elsewhere', instead thereof.-(Dr Stephen Ladyman.)
And the Question being proposed, That the original words stand part of the Question;
Mr Patrick McLoughlin 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:-It was agreed to.
And the Question being accordingly put;
Tellers for the Ayes, Mr David Wilshire, Mr Hugo Swire: 200.
Tellers for the Noes, Paul Clark, Mr Vernon Coaker: 334.
So the Question was negatived.
And the Question, That the proposed words be there added, being put forthwith, pursuant to Standing Order No. 31 (Questions on amendments):-It was agreed to.
The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to.
Resolved, That this House welcomes the real terms increase in social services funding of 20 per cent. between 1997 and 2003, and the commitment to continue these increases by an annual 6 per cent. in real terms from this financial year to 2005-06; notes that councils are able to use these resources to increase fees they pay to care homes where they think necessary, with 2002-03 figures showing 56 per cent. of local councils in England and Wales increasing the fees they pay by at least 5 per cent; notes that the Laing & Buisson Care of Elderly People Market Survey published in July 2003 puts bed capacity in care homes from all sectors at 470,000 with demand estimated to be around 460,000; further notes that over 80 per cent. of older people say they want to live independently in their own homes for as long as possible; supports the Government's policy of improving choice by providing alternatives to residential care with 20,900 more households since 1998 receiving intensive home care packages, 143,200 additional people receiving intermediate care services since 1999, and a cash injection of £87 million to be spent on creating 1,500 new extra care housing places by 2006; and further supports the Government's policy of driving up care standards where the care is delivered and ensuring that older people are not held unnecessarily in acute hospital beds when their care needs can be better met elsewhere.
25 Adjournment,-Resolved, That this House do now adjourn.-(Jim Fitzpatrick.)
And accordingly the House, having continued to sit till a quarter to Eight o'clock, adjourned till to-morrow.
[Adjourned at 7.45 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 subject to Negative Resolution:
1 Supreme Court of England and Wales,-Civil Procedure (Amendment No. 5) Rules 2003 (S.I., 2003, No. 3361), dated 21st December 2003 [by Act] [Mr David Lammy].
Other Papers:
2 Cabinet Office,-Government Response to the Report of the Joint Committee on the Draft Civil Contingencies Bill and the Seventh Report of the Defence Committee, Session 2002-03 [by Command] [Cm. 6078] [Mr Douglas Alexander].
3 Regulatory Reform,-Proposal for a Regulatory Reform (National Health Service Charitable Trust Accounts and Audit) Order 2004, together with an Explanatory Statement [by Act] [Secretary John Reid].
4 Reserve Forces,-Report under section 54(7) of the Reserve Forces Act 1996 on the making of a call-out order under section 54(1) of that Act [by Act] [Mr Secretary Hoon].
Papers withdrawn
5 Employment and Training,-Draft Industrial Training Levy (Engineering Construction Board) Order 2004 [laid 18th December 2003].
APPENDIX II
Standing Committees
1 Asylum and Immigration (Treatment of Claimants, Etc.) Bill,-(1) The Committee of Selection has discharged Mr Marsha Singh and Sir Teddy Taylor from Standing Committee B (in respect of the Bill); and nominated in substitution Mr Edward Garnier and Ms Dari Taylor.
(2) The Speaker has appointed Ms Dari Taylor a member of the Programming Sub-Committee of Standing Committee B in respect of the Bill, in place of Mr Barry Gardiner.
2 National Insurance Contributions and Statutory Payments Bill:
(1) The Speaker has allocated the Bill to Standing Committee D, and has appointed Sir John Butterfill and Mr Win Griffiths Chairmen; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Peter Atkinson, Harry Cohen, Tony Cunningham, Mr Lindsay Hoyle, Dr Brian Iddon, Norman Lamb, Ann McKechin, Rob Marris, Margaret Moran, Mr Richard Page, Dawn Primarolo, Mr Mark Prisk, Mr Alan Reid, Mr David Ruffley, Ms Gisela Stuart and Mr Tom Watson.
3 Draft Charities (Alexandra Park and Palace) Order 2003:
(1) The Speaker has allocated the draft Order to the First Standing Committee on Delegated Legislation, and has appointed Mr Frank Cook Chairman; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Richard Bacon, Tony Baldry, Mrs Ann Cryer, Julia Drown, Mr Don Foster, Mr Barry Gardiner, Mr Dominic Grieve, Mr John Heppell, Simon Hughes, Rosemary McKenna, Fiona Mactaggart, Mr Michael Meacher, Mr Denis Murphy, Dr Doug Naysmith, Mr Mohammad Sarwar and Angela Watkinson.
4 Draft Primary Medical Services (Northern Ireland) Order 2004:
(1) The Speaker has allocated the draft Order to the Third Standing Committee on Delegated Legislation, and has appointed Miss Anne Begg Chairman; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Virginia Bottomley, Mr Geoffrey Clifton-Brown, Mr Vernon Coaker, Mr Mark Field, Mr Derek Foster, Huw Irranca-Davies, Mr Brian Jenkins, Mr Terry Lewis, Mr Peter Lilley, Chris McCafferty, Siobhain McDonagh, Lembit Öpik, Joan Ruddock, Angela Smith, The Reverend Martin Smyth and Mr Paul Stinchcombe.
5 Draft New Opportunities Fund (Specification of Initiative) Order 2003:
(1) The Speaker has allocated the draft Order to the Fourth Standing Committee on Delegated Legislation, and has appointed Mr Alan Hurst Chairman; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr David Crausby, Mr Jonathan Djanogly, Paul Farrelly, Mr Don Foster, Mr Nick Hawkins, Mr Fraser Kemp, Mr Peter Kilfoyle, Chris Mole, Estelle Morris, Mr Ernie Ross, Bob Russell, Mr Jonathan Sayeed, Dr Howard Stoate, Mr Graham Stringer, Mr Robert N. Wareing and Angela Watkinson.
APPENDIX III
Reports from Select Committees
1 Constitutional Affairs,-Minutes of Evidence taken before the Constitutional Affairs Committee on 6th January [Judicial appointments and a Supreme Court (court of final appeal)]; to be printed [No. 48-v] [Mr A.J. Beith].
2 Defence,-Minutes of Evidence taken before the Defence Committee [Lessons of Iraq]; to be printed [No. 57-v] [Bruce George].
3 Environment, Food and Rural Affairs,-Minutes of Evidence taken before the Environment, Food and Rural Affairs Committee [Marine Environment]; to be printed [No. 76-iii] [Mr Michael Jack].
4 European Scrutiny,-Fourth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 42-iv] [Mr Jimmy Hood].
5 Northern Ireland Affairs,-First Special Report form the Northern Ireland Affairs Committee [Government's Response to the Eighth Report of the Committee, Session 2002-03, on The Illegal Drugs Trade and Drug Culture in Northern Ireland]; to be printed [No. 180] [Mr Michael Mates].
6 Public Accounts,-Minutes of Evidence taken before the Committee of Public Accounts [Managing resources to deliver better public services]; to be printed [No. 181-i] [Mr Edward Leigh].
7 Transport,-Minutes of Evidence taken before the Transport Committee [The Future of the Railways]; to be printed [No. 145-i] [Mrs Gwyneth Dunwoody].
CHAIRMEN'S PANEL
In pursuance of Standing Order No. 4 (Chairmen's Panel), the Speaker nominated Mr Kevin Hughes to be a member of the Chairmen's Panel during the present Session of Parliament.
[W.H., No. 7]
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.-(Jim Fitzpatrick.)
And accordingly the sitting was adjourned till to-morrow.
[Adjourned at 4.44 p.m.
Sir Alan Haselhurst
Deputy Speaker
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