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The House met at half-past Eleven o'clock.
PRAYERS.
1 Income Tax,-The Vice-Chamberlain of the Household reported to the House, That its Address of 19th April had been presented to Her Majesty; and that Her Majesty had been pleased to receive the same very graciously and to give the following Answer:
I have received your Address praying that the Double Taxation Relief (Taxes on Income) (New Zealand) Order 2004 be made in the form of the draft laid before your House on 9th March.
I will comply with your request.
2 Gangmasters (Licensing) Bill,-Mr Eric Illsley reported from Standing Committee C, That it had gone through the Gangmasters (Licensing) Bill, and made Amendments thereunto, and had amended the Title, as follows:
A Bill to make provision for the licensing of activities involving the supply or use of workers in connection with agricultural work, the gathering of wild creatures and wild plants, the harvesting of fish from fish farms, and certain processing and packaging.
Bill, as amended in the Standing Committee, to be considered on Friday 21st May; and to be printed [Bill 98].
Minutes of Proceedings of the Committee to be printed [No. 563].
3 European Standing Committee C,-Mrs Irene Adams reported from Standing Committee C the following Resolution:
That the Committee takes note of European Union Document No. 15494/03, draft Directive on batteries and accumulators and spent batteries and accumulators; supports the Government's intention to welcome the draft Directive and supports the Government's aim of securing legislation that achieves a high level of environmental protection and harmonisation of the single market, at lowest cost, taking a risk-based and proportional approach, and of ensuring that final collection and recycling targets for spent portable batteries and accumulators are challenging, but achievable.
Report, together with Resolution, to lie upon the Table.
4 Message from the Lords,-A Message was brought from the Lords, as follows:
Human Rights Act 1998 (Making of Remedial Orders) Amendment Bill [Lords],-The Lords have passed a Bill to amend Schedule 2 to the Human Rights Act 1998 in respect of the periods of time applying to the stages in making a remedial order under section 10 of that Act; to which the Lords desire the concurrence of this House.
5 Schools (Vending Machines) Bill,-The Order for reading the Schools (Vending Machines) Bill a second time on Friday 30th April was read and discharged.
Bill to be read a second time on Friday 18th June.
6 Rural Broadband Facilitation,-Ordered, That leave be given to bring in a Bill to promote the extension of high-speed broadband connectivity in rural areas, to encourage private investment in essential engineering; and for connected purposes: And that Mr Ian Liddell-Grainger, Mrs Angela Browning, Mr Adrian Flook, Mr Bill Wiggin, Mr Andrew Robathan, Mr Peter Atkinson, Angela Watkinson, Mr Paul Goodman and Mr Kevan Jones do prepare and bring it in.
7 Rural Broadband Facilitation Bill,-Mr Ian Liddell-Grainger accordingly presented a Bill to promote the extension of high-speed broadband connectivity in rural areas, to encourage private investment in essential engineering; and for connected purposes: 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 97].
8 Finance Bill,-The House, according to Order, again resolved itself into a Committee on the Finance Bill (Clauses Nos. 4, 5, 20, 28, 57 to 77, 86, 11 and 282 to 289 and Schedules Nos. 1, 3, 11, 12, 21 and 37 to 39).
Clause No. 86 (Income of spouses: jointly held property).
Question put, That the Clause stand part of the Bill.
Tellers for the Ayes, Bridget Prentice, Charlotte Atkins: 266.
Tellers for the Noes, Gregory Barker, Mr Peter Atkinson: 160.
Clause No. 111 agreed to.
Schedule No. 21 (Chargeable gains: restriction of gifts relief etc.).
Amendment (No. 8) proposed, in page 382, line 10, at the end, to insert the words '; or
(c)a person who would qualify for one or more of such benefits mentioned in paragraph (b) above if the appropriate claim were made.'.-(Mr Howard Flight.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 42) proposed, in page 386, line 15, leave out the words '10th December 2003' and insert the words '1st April 2005'.-(Mr John Burnett.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Clause No. 282 agreed to.
Schedule No. 37 (Stamp duty land tax and stamp duty).
Amendment (No. 11) proposed, in page 506, line 30, to leave out the words 'or request'.-(Mr Mark Prisk.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 12) proposed, in page 510, to leave out lines 2 to 5.-(Mr Mark Prisk.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 14) proposed, in page 532, line 17, at the end, to insert the words 'in the case of leases assigned within three years of grant.'.-(Mr Mark Prisk.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 13) proposed, in page 534, line 29, to leave out from the beginning to the end of line 7 on page 537.-(Mr Mark Prisk.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr Peter Atkinson, Mr Geoffrey Clifton-Brown: 127.
Tellers for the Noes, Margaret Moran, Paul Clark: 336.
Clause No. 283 (Notification, registration and penalties).
Amendment (No. 16) proposed, in page 237, line 16, to leave out the words 'the land consists entirely of residential property and'.-(Mr Mark Prisk.)
Question proposed that the Amendment be made:-Amendment, by leave, withdrawn.
Clause No. 284 (Claims not included in returns).
Amendments (Nos. 17 and 18) made.
Clause, as amended, agreed to.
Schedule No. 38 agreed to.
Clauses Nos. 285 to 288 agreed to.
Schedule No. 39 (Stamp duty land tax: application to certain partnership transactions).
Amendment (No. 19) proposed, in page 548, line 36, at the end, to add the words 'which constitutes a chargeable interest.'.-(Mr Mark Prisk.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 20) proposed, in page 549, line 7, at the end, to insert the words-
'(c)any interest in land wholly or partly situated in disadvantaged areas which would be exempt from charge if disposed of at market value.'.-(Mr Mark Prisk.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 21) proposed, in page 549, to leave out lines 8 to 16.-(Mr Mark Prisk.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 22) proposed, in page 549, line 20, to leave out the word 'three' and insert the word 'two'.-(Mr Mark Prisk.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 31) proposed, in page 550, line 12, at the end, to insert the words-
'(4)The provisions of sub-paragraph (1) do not apply where the provisions of paragraph 10 apply.'.-(Mr Mark Prisk.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 26) proposed, in page 552, line 19, to leave out the words '20th October 2003' and insert the words '8th April 2004.'.-(Mr Mark Prisk.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 32) proposed, in page 554, to leave out lines 31 to 44.-(Mr Mark Prisk.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr David Ruffley, Gregory Barker: 182.
Tellers for the Noes, Bridget Prentice, Paul Clark: 295.
Another Amendment (No. 34) proposed, in page 555, line 46, after the first word 'the', to insert the words 'capital profits or (if no separate allocation is made of capital profits) the residuary allocation (after prior charges and allocations).'.-(Mr Mark Prisk.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Clause No. 289 agreed to.
Bill (Clauses Nos. 4, 5, 20, 28, 57 to 77, 86, 11 and 282 to 289 and Schedules Nos. 1, 3, 11, 12, 21 and 37 to 39), as amended, to be reported.
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The Deputy Speaker resumed the Chair; and Joan Ryan reported, that the Committee had gone through the Bill (Clauses Nos. 4, 5, 20, 28, 57 to 77, 86, 11 and 282 to 289 and Schedules Nos. 1, 3, 11, 12, 21 and 37 to 39), and made Amendments thereunto.
Ordered, That the Bill (Clauses Nos. 4, 5, 20, 28, 57 to 77, 86, 11 and 282 to 289 and Schedules Nos. 1, 3, 11, 12, 21 and 37 to 39), as amended in the Committee, do lie upon the Table.
9 Scottish Parliamentary Constituencies Bill (Programme) (No. 2),-A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 6th November 2003 (Programming of Bills)], That the Order of 9th February 2004 (Scottish Parliamentary Constituencies) Bill (Programme) be varied by substituting for paragraph 5 the following:
5. Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on the Bill'-(Joan Ryan):-It was agreed to.
10 Rating and Valuation-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Non-Domestic Rating (Chargeable Amounts) (Amendment) (England) Regulations 2004, which were laid before this House on 22nd March, be approved-(Joan Ryan):-It was agreed to.
11 Public Petitions,-Public Petitions from-
(1) Sarah Jean Borman and other electors in the Richmondshire District of Yorkshire for the investigation of their complaints against the District Council and for the effective discharge by Local Government Commissioners of their duties, and
(2) citizens of the United Kingdom for amendments to the Gender Recognition Bill
were presented; 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-(Joan Ryan);
And it being Seven o'clock, the Motion for the adjournment of the House lapsed, without Question put.
13 Adjournment,-Resolved, That this House do now adjourn.-(Joan Ryan.)
And accordingly the House, having continued to sit till six minutes past Seven o'clock, adjourned till to-morrow.
[Adjourned at 7.06 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 Health Care and Associated Professions,-Draft Health Professions (Operating Department Practitioners and Miscellaneous Amendments) Order 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Reid].
2 Northern Ireland,-Direction given by the Secretary of State under section 51B(2) of the Northern Ireland Act 1998 on 28th April 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy].
Other Papers:
3 Financial Reporting to Parliament,-Departmental Report 2004: The Government's Expenditure Plans for 2003-04 to 2005-2006 for-
(1) Cabinet Office [by Command] [Cm. 6226] [Mr Douglas Alexander].
(2) Department of Trade and Industry [by Command] [Cm. 6216] [Ms Secretary Hewitt].
4 Health and Social Care,-The Government's Annual Report on Learning Disabilities for 2004 [by Act]; to be printed [No. 507] [Mr Secretary Reid].
5 Naval and Marine Pay and Pensions,-Naval and Marine Pay and Pensions (Non-Effective Benefits and Family Pensions) Order 2004, dated 10th March 2004 [by Act] [Mr David Lammy].
6 Public Accounts,-Treasury Minutes on the Fifth, Ninth and Tenth Reports from the Committee of Public Accounts, Session 2003-04 [by Command] [Cm. 6175] [Ruth Kelly].
7 Treaty Series (No. 19, 2004),-Agreement, done at New York on 4th August 1995, for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10th December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks [by Command] [Cm. 6176] [Mr Secretary Straw].
APPENDIX II
Standing Committees
1 Christmas Day Trading Bill:
(1) The Speaker has allocated the Bill to Standing Committee D; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Colin Breed, Ann Coffey, Brian Cotter, Mr David Crausby, Mr Gerald Howarth, Helen Jones, Mr Kevan Jones, Mr Ian Liddell-Grainger, Shona McIsaac, John Mann, Mr Colin Pickthall, Mr Terry Rooney, Andrew Selous, Ian Stewart, Mr Gary Streeter and Mr Gerry Sutcliffe.
2 Finance Bill (except Clauses Nos. 4, 5, 20, 28, 57 to 77, 86, 11 and 282 to 289 and Schedules Nos. 1, 3, 11, 12, 21 and 37 to 39):
(1) The Speaker has allocated the Bill to Standing Committee A; and
(2) the Committee of Selection has nominated thirty-three Members to serve on the Committee: Mr Peter Atkinson, Mr Richard Bacon, Mr Paul Boateng, Colin Burgon, Chris Bryant, Mr John Burnett, Dr Vincent Cable, Jon Cruddas, John Cryer, Mr Quentin Davies, Mrs Louise Ellman, Jeff Ennis, Jim Fitzpatrick, Mrs Lorna Fitzsimons, Mr Howard Flight, John Healey, Mr David Heyes, Mr Michael Jack, Ruth Kelly, Norman Lamb, Mr David Laws, Mr Calum MacDonald, Rob Marris, Mr George Osborne, Mr Stephen Pound, Dawn Primarolo, Mr Mark Prisk, James Purnell, Lawrie Quinn, Ian Stewart, Mr Mark Todd, Andrew Tyrie and Mr Tom Watson.
3 Draft Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (Immunities and Privileges) Order 2004,-The Committee of Selection has discharged Mr Ernie Ross from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Joan Ruddock.
4 Draft European Communities (Definition of Treaties) (Agreement on Enlargement of the European Economic Area) Order 2004,-The Committee of Selection has nominated sixteen Members to serve on the Ninth Standing Committee on Delegated Legislation in respect of the draft Order: Virginia Bottomley, Chris Bryant, Mrs Anne Campbell, Mr Michael Connarty, Mr Wayne David, Mr Michael Moore, Nick Harvey, Mr George Mudie, Mr Chris Mullin, Mr Jim Murphy, Mr Gordon Prentice, Hugh Robertson, Mr Richard Spring, Mr Gerry Steinberg, Mr John Taylor and Mr Mark Todd.
APPENDIX III
Reports from Select Committees
1 Environment, Food and Rural Affairs,-(1) Seventh Report from the Environment, Food and Rural Affairs Committee [Implementation of CAP Reform in the UK], 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 [No. 226];
(2) Eighth Special Report from the Committee [Government's Reply to the Fourth Report from the Committee on End of Life Vehicles and Waste Electrical and Electronic Equipment (WEEE) Directives]; to be printed [No. 557];
(3) Minutes of Evidence taken before the Committee [Climate Change and Water Security]; to be printed [No. 558-i]; and
(4) Memoranda laid before the Committee [Implementation of CAP Reform in the UK]
2 Environmental Audit,-Fourth Report from the Environmental Audit Committee [Water: the Periodic Review 2004 and the Environmental Programme], 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 [No. 416] [Mr Peter Ainsworth].
3 European Scrutiny,-(1) Eighteenth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 42-xviii]; and
(2) Minutes of Evidence taken before the Committee [European Evidence Warrant]; to be printed [No. 562-i]
[Mr Jimmy Hood].
4 Public Accounts,-(1) Twenty-first Report from the Committee of Public Accounts [Housing the Homeless]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 559];
(2) Twenty-second Report from the Committee [Excess Votes (Northern Ireland) 2002-03]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 560]; and
(3) Minutes of Evidence taken before the Committee [Department for Regional Development: Management of Industrial Sickness Absence]; to be printed [No. 561-i]
5 Transport,-Minutes of Evidence taken before the Transport Committee [Navigational Hazards]; to be printed [No. 555-i] [Mrs Gwyneth Dunwoody].
6 Treasury,-Minutes of Evidence taken before the Sub-Committee of the Treasury Committee [The Merger of Customs & Excise and the Inland Revenue]; to be printed [No. 556-i] [Mr John McFall].
7 Welsh Affairs,-Minutes of Evidence taken before the Welsh Affairs Committee [Manufacturing and Trade in Wales]; to be printed [No. 323-vii] [Mr Martyn Jones].
[W.H., No. 46]
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 4.44 p.m.
Sir Alan Haselhurst
Deputy Speaker
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