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The House met at half-past Eleven o'clock.
PRAYERS.
1 Third Standing Committee on Delegated Legislation,-Mr Bill O'Brien reported from the Third Standing Committee on Delegated Legislation the draft Lay Magistrates (Eligibility) (Northern Ireland) Order 2004.
Minutes of Proceedings of the Committee to lie upon the Table.
2 Sixth Standing Committee on Delegated Legislation,-Mr Alan Hurst reported from the Sixth Standing Committee on Delegated Legislation the draft Double Taxation Relief (Taxes on Income) (New Zealand) Order 2004.
Minutes of Proceedings of the Committee to lie upon the Table.
3 Message from the Lords,-A Message was brought from the Lords, as follows:
The Lords have disagreed to one of the Amendments made by this House to the London Local Authorities Bill [Lords], for which disagreement they assign their Reason; and they have agreed, without Amendment, to the remaining Amendments made by this House.
4 Genetically Modified Organisms Bill,-Ordered, That the Genetically Modified Organisms Bill be read a second time on Friday 14th May.
5 Dolphins and other Cetaceans Protection,-Ordered, That leave be given to bring in a Bill to make provision for the protection of dolphins and to prohibit pair trawling for sea bass in UK waters: And that Mr Adrian Sanders, Andrew George, Mr Paul Tyler, Matthew Taylor, Mr Colin Breed, Mr Anthony Steen, Richard Younger-Ross and Nick Harvey do prepare and bring it in.
6 Dolphins and other Cetaceans Protection Bill,-Mr Adrian Sanders accordingly presented a Bill to make provision for the protection of dolphins and to prohibit pair trawling for sea bass in UK waters: And the same was read the first time; and ordered to be read a second time on Friday 15th October and to be printed [Bill 87].
7 Higher Education Bill (Programme) (No. 4),-A Motion was made, and the Question being put, That the Programme Order of 27th January in relation to the Higher Education Bill shall be further varied as follows-
(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.
(3) The proceedings shown in the first column of the Table 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 relating to the general duties of the relevant authority for the purposes of Part 3; new Clauses relating to exercise by the National Assembly for Wales of functions relating to student fees and student support.
One hour after the commencement of proceedings on consideration.
Remaining new Clauses, Amendments to Clauses, new Schedules, Amendments to Schedules.
Five hours after the commencement of those proceedings.
(4) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion six hours after the commencement of proceedings on consideration-(Alan Johnson);
Tellers for the Ayes, Gillian Merron, Mr Vernon Coaker: 354.
Tellers for the Noes, Mr Peter Atkinson, Mr Geoffrey Clifton-Brown: 206.
So the Question was agreed to.
8 Higher Education Bill,-The House, according to Order, proceeded to consider the Higher Education Bill, as amended in the Standing Committee.
A Clause (NC1) (General duties of the Director)-(Chris Grayling)-brought up, and read the first time.
Question proposed, That the Clause be read a second time.
And it being one hour after the commencement of proceedings on the Bill, the Deputy Speaker put the Question, pursuant to Order [this day].
Tellers for the Ayes, Mr Geoffrey Clifton-Brown, Hugh Robertson: 216.
Tellers for the Noes, Gillian Merron, Mr Vernon Coaker: 378.
Another Clause (NC5) (Abolition of tuition fees chargeable to qualifying student)-(Mr Tim Collins)-brought up, and read the first time.
Question put, That the Clause be read a second time.
Tellers for the Ayes, Gregory Barker, Mr Peter Atkinson: 227.
Tellers for the Noes, Gillian Merron, Mr Vernon Coaker: 378.
It being more than five hours after the commencement of proceedings on the Bill, the Speaker put the Questions on Amendments selected for separate Division to be disposed of at that hour.
Amendment (No. 128) proposed to the Bill, in page 8, line 37, to leave out Clauses Nos. 22 to 27.-(Mr John Grogan.)
Question put, That the Amendment be made.
Tellers for the Ayes, Geraldine Smith, Mr Kelvin Hopkins: 288.
Tellers for the Noes, Gillian Merron, Mr Vernon Coaker: 316.
Another Amendment (No. 71) proposed to the Bill, in page 13, line 37, to leave out 'Director (as defined by section 29(1)' and insert 'funding body (as defined in section 22(2))'.-(Mr Phil Willis.)
Question put, That the Amendment be made.
Tellers for the Ayes, Bob Russell, Richard Younger-Ross: 63.
Tellers for the Noes, Gillian Merron, Mr Vernon Coaker: 369.
The Speaker then put the Question on Amendments moved by a Minister of the Crown.
Amendments (Nos. 129 and 130) made to the Bill.
A Motion being made, That the Bill be now read the third time;
Mr Secretary Clarke, 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 prerogative is concerned, That the House may do therein as it shall think fit.
And the Question being proposed;
And it being six hours after the commencement of proceedings on the Bill, the Speaker put the Question, pursuant to Order [this day].
Tellers for the Ayes, Gillian Merron, Mr Vernon Coaker: 309.
Tellers for the Noes, Mr Hugo Swire, Gregory Barker: 248.
So the Question was agreed to.
The Bill was accordingly read the third time, and passed.
9 Representation of the People,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft European Parliament (Disqualification) (United Kingdom and Gibraltar) Order 2004, which was laid before this House on 11th March, be approved-(Paul Clark):-It was agreed to.
10 Representation of the People,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft European Parliament (Number of MEPs) (United Kingdom and Gibraltar) Order 2004, which was laid before this House on 11th March, be approved-(Paul Clark):-It was agreed to.
11 Public Petitions,-Public Petitions from-
(1) Sandra Evelyn Cole and other residents of Royston, Hertfordshire, for local control of siting of mobile telephone masts, and
(2) citizens of the United Kingdom against the supply to school children of abortifacient birth control drugs and devices [two Petitions]
were presented and read; and ordered to lie upon the Table and to be printed.
12 Adjournment,-A Motion was made, and the Question being proposed, That this House do now adjourn-(Paul Clark);
And the Motion having been made after Seven o'clock, and the Debate having continued for half an hour, the Deputy Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then eight minutes past Eight o'clock, till to-morrow.
[Adjourned at 8.08 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 Affirmative Resolution:
1 Competition,-(1) Draft Competition Act 1998 and Other Enactments (Amendment) Regulations 2004,
(2) draft Competition Act 1998 (Determination of Turnover for Penalties) (Amendment) Order 2004, and
(3) draft Competition Act 1998 (Land Agreements Exclusion and Revocation) Order 2004
[by Act], with Explanatory Memoranda thereon [by Command] [Ms Secretary Hewitt].
Papers subject to Negative Resolution:
2 Immigration,-Statement of Changes in Immigration Rules [by Act]; to be printed [No. 464] [Mr Secretary Blunkett].
3 Social Security,-Guardian's Allowance Up-rating Regulations 2004 (S.I., 2004, No. 960), dated 30th March 2004 [by Act] [Dawn Primarolo].
4 Trade Marks,-(1) Community Trade Mark (Amendment) Regulations 2004 (S.I., 2004, No. 949),
(2) Trade Marks (Amendment) Rules 2004 (S.I., 2004, No. 947),
(3) Trade Marks (International Registration) (Amendment) Order 2004 (S.I., 2004, No. 948), and
(4) Trade Marks (Proof of Use, etc.) Regulations 2004 (S.I., 2004, No. 946)
dated 28th March 2004 [by Act] [Ms Secretary Hewitt].
5 Urban Development,-Milton Keynes (Urban Area and Planning Functions) Order 2004 (S.I., 2004, No. 932), dated 25th March 2004 [by Act] [Mr Secretary Prescott].
Other Papers:
6 Animal Health,-Defra Contingency Plans on-
(1) Avian Influenza and Newcastle Disease, and
(2) Foot and Mouth Disease
[by Act] [Secretary Margaret Beckett].
7 Government Trading Funds,-Treasury Minutes on the-
(2) Defence Aviation Repair Agency Trading Fund,
(3) Defence Science and Technology Laboratory Trading Fund,
(4) Meteorological Office Trading Fund, and
(5) UK Hydrographic Office Trading Fund
dated 31st March 2004, [by Act] [Mr Paul Boateng].
8 Health,-NHS Purchasing and Supply Agency Business Plan 2004-05 [by Command] [Mr Secretary Reid].
9 Public Petitions,-Observations by the Secretary of State for Education and Skills on the petition [9th March] from parents and friends of Streethouse School, Pontefract, for additional provision to cope with rising pupil numbers [by Standing Order]; to be printed [Clerk of the House].
10 Treaty Series (No. 53, 2003),-Fourth Supplementary List of Ratifications, Accessions, Withdrawals, etc., for 2003 [by Command] [Cm. 6153] [Mr Secretary Straw].
APPENDIX II
Standing Committees
1 Christmas Day (Trading) Bill,-The Speaker has allocated the Bill to Standing Committee C.
2 Promotion of Volunteering Bill:
(1) The Speaker has allocated the Bill to Standing Committee C; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr James Arbuthnot, Andrew Bennett, Mr Julian Brazier, Mr John Burnett, Andy Burnham, Mr Frank Dobson, Mr Barry Gardiner, Mr Lindsay Hoyle, Mrs Jacqui Lait, Fiona Mactaggart, Judy Mallaber, Mr Andrew Miller, Lembit Öpik, Mr Andy Reed, Mr Ian Taylor and Derek Wyatt.
3 Draft Sexual Offences Act 2003 (Travel Notification Requirements) Regulations 2004:
(1) The Speaker has allocated the draft Regulations to the First Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: John Austin, Mr Tim Boswell, Virginia Bottomley, Annette Brooke, Ms Karen Buck, Mr Geoffrey Clifton-Brown, Valerie Davey, Mr Barry Gardiner, Sandra Gidley, Paul Goggins, Mr John Heppell, Helen Jackson, Mr Robert Jackson, Siobhain McDonagh, Mr James Plaskitt and Jonathan Shaw.
4 Draft Criminal Justice Act 1988 (Offensive Weapons) (Amendment) Order 2004:
(1) The Speaker has allocated the draft Order to the Second Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Clive Betts, Ms Hazel Blears, Mr Bob Blizzard, Mr Alistair Carmichael, Mr James Clappison, Mr Geoffrey Clifton-Brown, Mr Jonathan Djanogly, Mr Barry Gardiner, Mr David Heath, Mr John Heppell, Dr Brian Iddon, Mr Khalid Mahmood, Mr James Paice, Mr Greg Pope, Mr Graham Stringer and Mr Shaun Woodward.
5 Draft Merchant Shipping (Convention on Limitation of Liability for Maritime Claims) (Amendment) Order 2004:
(1) The Speaker has allocated the draft Order to the Third Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr David Borrow, Peter Bottomley, Mr David Clelland, Mr Hilton Dawson, Dr Hywel Francis, Mr Damian Green, Mr David Jamieson, Tony Lloyd, Mr Tony McWalter, Mr Paul Marsden, Mr Alan Meale, Gillian Merron, Mr Alan Milburn, John Thurso, Mr Michael Trend and Mr David Wilshire.
6 Limitation of Council Tax and Precepts (Alternative Notional Amounts) Report (England) 2004-05:
(1) The Speaker has allocated the Report to the Fourth Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Crispin Blunt, Mr David Cameron, Mr Michael Clapham, Paul Clark, Mr Edward Davey, Julia Drown, Mr Nigel Evans, Linda Gilroy, Matthew Green, Phil Hope, Mr Eric Martlew, Mr Austin Mitchell, Dr Doug Naysmith, Mr Clive Soley, Dr Gavin Strang and Mr Hugo Swire.
7 Value Added Tax (Buildings and Land) Order 2004 (S.I., 2004, No. 778):
(1) The Speaker has allocated the Order to the Fifth Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Peter Atkinson, Hugh Bayley, Mr John Burnett, Ross Cranston, Mr Michael Fallon, Jim Fitzpatrick, Mr Adrian Flook, John Healey, Mr David Laws, Mr Michael Meacher, Julie Morgan, Mr Denis Murphy, Mr Mark Prisk, Mr Paul Truswell, Mr Tom Watson and Mr Anthony D. Wright.
8 Draft Cash Ratio Deposits (Value Bands and Ratios) Order 2004:
(1) The Speaker has allocated the draft Order to the Sixth Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Peter Atkinson, Mr John Battle, Mr Roger Berry, Mr Paul Boateng, Dr Vincent Cable, Jim Fitzpatrick, Mr Nick Gibb, Mr John Horam, Mr David Kidney, Norman Lamb, Mrs Helen Liddell, Mr John Lyons, Diana Organ, Anne Picking, Helen Southworth and Mr Andrew Tyrie.
9 Draft Double Taxation Relief (Taxes on Income) (New Zealand) Order 2004,-The Committee of Selection has discharged Jonathan Shaw and Dr Gavin Strang from the Sixth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Roger Casale and Mr Kelvin Hopkins.
10 Pet Travel Scheme (Pilot Arrangements) (England) (Amendment) Order 2004:
(1) The Speaker has allocated the Order to the Seventh Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Nick Ainger, Norman Baker, Mr Ben Bradshaw, Richard Burden, Mr Colin Challen, Mr James Gray, Mr Jon Owen Jones, Mr David Lepper, Mr Ian Liddell-Grainger, Chris McCafferty, Mr Archie Norman, Dr Nick Palmer, Clare Short, Rachel Squire, Mr Roger Williams and Mr David Wilshire.
European Standing Committees
11 European Union Document Nos. 7969/01 and 11794/03, relating to the Protection of animals during transport, have been referred to European Standing Committee A.
APPENDIX III
Reports from Select Committees
1 Draft Disability Discrimination Bill,-(1) Minutes of Evidence taken before the Joint Committee on the Draft Disability Discrimination Bill; to be printed [No. 352-xv]; and
(2) Memoranda laid before the Committee; to be printed [No. 352-xvi]
2 Education and Skills,--Minutes of Evidence taken before the Education and Skills Committee [Draft School Transport Bill]; to be printed [No. 509-i] [Mr Barry Sheerman].
3 Environment, Food and Rural Affairs,-Minutes of Evidence taken before the Milk Pricing Sub-Committee of the Environment, Food and Rural Affairs Committee [Milk Pricing]; to be printed [No. 335-iv] [Mr Michael Jack].
4 European Scrutiny,-(1) Sixteenth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 42-xvi]; and
(2) Minutes of Evidence taken before the Committee [March European Council]; to be printed [No. 511-i]
5 Modernisation of the House of Commons,-Memorandum laid before the Select Committee on Modernisation of the House of Commons [Scrutiny of European Matters in the House of Commons]; to be printed [No. 508] [Mr Peter Hain].
6 Northern Ireland Affairs,-(1) Second Special Report from the Northern Ireland Affairs Committee [Government's Response to the First Report from the Committee, Session 2003-04, on The Committee's work in 2003]; to be printed [No. 510]; and
(2) Minutes of Evidence taken before the Committee [The Parades Commission and Public Processions (Northern Ireland) Act 1998]; to be printed [No. 224-v]
7 Public Accounts,-Minutes of Evidence taken before the Committee of Public Accounts [HM Customs and Excise: Tackling VAT Fraud]; to be printed [No. 512-i] [Mr Edward Leigh].
8 Transport,-(1) Eighth Report from the Transport Committee [School Transport], with Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [Nos. 318-I and -II]; and
(2) Minutes of Evidence taken before the Committee [The Work of the Maritime and Coastguard Agency]; to be printed [No. 500-i]
9 Treasury,-Sixth Report from the Treasury Committee [The 2004 Budget], together with Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [Nos. 479-I and -II] [Mr John McFall].
[W.H., No. 40]
Minutes of Proceedings of the Sitting in Westminster Hall
The sitting commenced at half-past Nine o'clock.
Adjournment,-A Motion was made, and the Question being proposed, That the sitting be now adjourned-(Mr Nick Ainger);
And the sitting having continued for two and a half hours after Two o'clock, it was adjourned without Question put, till to-morrow.
[Adjourned at 4.45 p.m.
Sir Alan Haselhurst
Deputy Speaker
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