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The House met at half-past Eleven o'clock.
PRAYERS.
1 First Standing Committee on Delegated Legislation,-David Taylor reported from the First Standing Committee on Delegated Legislation the draft Human Fertilisation and Embryology Authority (Disclosure of Donor Information) Regulations 2004.
Minutes of Proceedings of the Committee to lie upon the Table.
2 Third Standing Committee on Delegated Legislation,-Miss Anne Begg reported from the Third Standing Committee on Delegated Legislation the draft Criminal Justice Act 2003 (Conditional Cautions: Code of Practice) Order 2004.
Minutes of Proceedings of the Committee to lie upon the Table.
3 Seventh Standing Committee on Delegated Legislation,-Mr Kevin Hughes reported from the Seventh Standing Committee on Delegated Legislation the Pet Travel Scheme (Pilot Arrangements) (England) (Amendment) Order 2004 (S.I., 2004, No. 828).
Minutes of Proceedings of the Committee to lie upon the Table.
4 Message from the Lords,-A Message was brought from the Lords, as follows:
University of Manchester Bill [Lords],-The Lords have passed a Bill to transfer to The University of Manchester all rights, properties, assets and obligations of The Victoria University of Manchester and University of Manchester Institute of Science and Technology and to dissolve those bodies; to enact provisions with regard to The University of Manchester; and for other purposes, to which they desire the concurrence of this House.
5 University of Manchester Bill [Lords],-The University of Manchester Bill [Lords] was read the first time.
Bill referred to the Examiners of Petitions for Private Bills.
6 Children's Food Bill,-Ms Debra Shipley, supported by Mr Robert Walter, Mr Paul Burstow, Mr Graham Allen, Vera Baird, Mr Ernie Ross, Peter Bottomley, Mr Andy Reed, Mr Paul Tyler, Alan Howarth, Angela Eagle and Mr Simon Thomas, presented a Bill to make provision regarding the marketing, promotion and sale of food and drink to and for children; to make provision for education and the dissemination of information about children's diet, nutrition and health; to place certain duties on the Food Standards Agency; 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 110].
7 Doorstep Selling (Property Repairs),-Ordered, That leave be given to bring in a Bill to prohibit unsolicited household visits to sell property repairs, maintenance and improvements; to provide penalties and powers of arrest in connection with this prohibition; to require all doorstep vendors of property repairs, maintenance and improvements to give seven days' notice in writing of an intended visit to a home; and to extend property owners' rights to cancel any contract entered into for the provision of property repairs, maintenance or improvement; and for connected purposes: And that Mr Gordon Marsden, Mr Paul Truswell, Mr Andrew Robathan, Sandra Gidley, Dr Julian Lewis, Mrs Joan Humble, Lawrie Quinn, Ann Clwyd, Dr Howard Stoate, Mr Mike Hancock and Mr David Drew do prepare and bring it in.
8 Doorstep Selling (Property Repairs) Bill,-Mr Gordon Marsden accordingly presented a Bill to prohibit unsolicited household visits to sell property repairs, maintenance and improvements; to provide penalties and powers of arrest in connection with this prohibition; to require all doorstep vendors of property repairs, maintenance and improvements to give seven days' notice in writing of an intended visit to a home; and to extend property owners' rights to cancel any contract entered into for the provision of property repairs, maintenance or improvement; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 16th July and to be printed [Bill 111].
9 Pensions Bill (Programme) (No. 3),-A Motion was made, and the Question being put, That the Order of 2nd March 2004 (Pensions Bill (Programme)) as amended by the Order of 19th April 2004 be amended by the substitution for paragraphs 4 and 5 of the following-
4. Proceedings on consideration shall be taken in the order shown in the first column of the following Table. In that column, any reference to new Clauses or Amendments relating to Part 1, 3, 4 or 5 does not include new Clauses or Amendments relating to any arrangements for financial assistance for members where pension schemes are wound up.
5. 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 |
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New Clauses standing in the name of a Minister of the Crown, other than new Clauses relating to Part 2 or to any other arrangements for financial assistance for members where pension schemes are wound up; remaining new Clauses and Amendments relating to Part 1; remaining new Clauses and Amendments relating to Part 3; remaining new Clauses and amendments relating to Part 4; remaining new Clauses and amendments relating to part 5 |
At the moment of interruption on the first allotted day. |
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New Clauses and Amendments relating to any arrangements otherwise than through the Pension Protection Fund for financial assistance for members where pension schemes are wound up or relating to the categories of scheme in relation to which the Pension Protection Fund applies
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Two hours before the moment of interruption on the second allotted day. |
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New Clauses and Amendments relating to Part 2; remaining new Clauses and Amendments relating to Part 6; remaining new Clauses and Amendments relating to Part 7; remaining new Clauses; Amendments relating to Schedules; new Schedules |
Three hours before the moment of interruption on the third allotted day. |
5A. In the Table 'allotted day' means a day on which the Bill is put down on the main business as first Government Order of the Day.
5B. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the third allotted day-(Malcolm Wicks);
Tellers for the Ayes, Bridget Prentice, Mr Vernon Coaker: 260.
Tellers for the Noes, Mr Alan Reid, Mr Geoffrey Clifton-Brown: 154.
So the Question was agreed to.
10 Pensions Bill [1st allotted day],-The House, according to Order, proceeded to consider the Pensions Bill, as amended in the Standing Committee.
A Clause (NC24) (Early leavers: cash transfer sums and contribution refunds)-(Malcolm Wicks)-brought up, read the first and second time and added to the Bill.
Another Clause (NC25) (Categories of pension scheme)-(Mr Chris Pond)-brought up, read the first and second time and added to the Bill.
Another Clause (NC26) (UK-based occupational pension scheme to be trust with effective rules)-(Mr Chris Pond)-brought up, read the first and second time and added to the Bill.
Another Clause (NC27) (Non-EC occupational pension scheme to be trust with UK-resident trustee)-(Mr Chris Pond)-brought up, read the first and second time and added to the Bill.
Another Clause (NC28) (Representative of non-EC occupational pension scheme to be treated as trustee)-(Mr Chris Pond)-brought up, read the first and second time and added to the Bill.
Another Clause (NC29) (Activities of occupational pension schemes)-(Mr Chris Pond)-brought up, read the first and second time and added to the Bill.
Another Clause (NC30) (Payment of surplus to employer)-(Malcolm Wicks)-brought up and read the first time.
Question put, That the Clause be read a second time.
Tellers for the Ayes, Derek Twigg, Charlotte Atkins: 317.
Tellers for the Noes, Mr Andrew Stunell, Mr Alan Reid: 48.
Clause added to the Bill.
Another Clause (NC31) (Payments of surplus to employer: transitional power to amend scheme)-(Mr Chris Pond)-brought up, read the first and second time and added to the Bill.
Another Clause (NC18) (Power to make regulations governing investment by trustees of occupational pension schemes)-(Mr Chris Pond)-brought up, read the first and second time and added to the Bill.
Another Clause (NC19) (Borrowing by trustees of occupational pension schemes)-(Mr Chris Pond)-brought up, read the first and second time and added to the Bill.
Another Clause (NC5) (Occupational pension scheme receiving contributions from European employer)-(Mr Chris Pond)-brought up, read the first and second time and added to the Bill.
Another Clause (NC6) (General authorisation to accept contributions from European employers)-(Mr Chris Pond)-brought up, read the first and second time and added to the Bill.
Another Clause (NC7) (Approval in relation to particular European employer)-(Mr Chris Pond)-brought up, read the first and second time and added to the Bill.
Another Clause (NC8) (Notification of legal requirements of host member State outside United Kingdom)-(Mr Chris Pond)-brought up, read the first and second time and added to the Bill.
Another Clause (NC9) (Duty of trustees or managers to act consistently with law of host member State)-(Mr Chris Pond)-brought up, read the first and second time and added to the Bill.
Another Clause (NC10) (Functions of Regulator in relation to institutions administered in other member States)-(Mr Chris Pond)-brought up, read the first and second time and added to the Bill.
Another Clause (NC11) (Interpretation of Part)-(Mr Chris Pond)-brought up, read the first and second time and added to the Bill.
Another Clause (NC12) (Restoration orders where transactions at an undervalue)-(Malcolm Wicks)-brought up, read the first and second time and added to the Bill.
Another Clause (NC13) (Restoration orders: supplementary)-(Mr John Heppell)-brought up, read the first and second time and added to the Bill.
Another Clause (NC14) (Content and effect of a restoration order)-(Mr John Heppell)-brought up, read the first and second time and added to the Bill.
Another Clause (NC15) (Contribution notice where failure to comply with restoration order)-(Mr John Heppell)-brought up, read the first and second time and added to the Bill.
Another Clause (NC16) (Content and effect of a section [Contribution notice where failure to comply with restoration order] contribution notice)-(Mr John Heppell)-brought up, read the first and second time and added to the Bill.
Another Clause (NC17) (Debt due from the employer in the case of multi-employer schemes)-(Mr John Heppell)-brought up, read the first and second time and added to the Bill.
Amendment (No. 1) proposed to the Bill, in page 1, line 11, to leave out from the word 'the' to the end of line 12 and insert the words 'Chairman and approved by the Secretary of State.' instead thereof.-(Mr George Osborne.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 181) proposed to the Bill, in page 2, line 25, to leave out from the word 'Act' to the word 'and' in line 26.-(Mr Harry Barnes.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Other Amendments (Nos. 62 to 79, 213 to 215, 80 to 88, 59, 89 to 91, 60 and 92 to 96) made to the Bill.
Another Amendment (No. 205) proposed to the Bill, in page 137, line 28, after the word 'on', to insert the word 'material'.-(Mr George Osborne.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 46) proposed to the Bill, in page 144, line 40, after the word 'employers', to insert the words 'and annuity providers'.-(Vera Baird.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Clause (NC33) (Annual meeting)-(Mr George Osborne)-brought up and read the first time.
Question proposed, That the Clause be read a second time:-Clause, by leave, withdrawn.
Another Clause (NC35) (Auditors' right to information)-(Steve Webb)-brought up and read the first time.
Question proposed, That the Clause be read a second time:-Clause, by leave, withdrawn.
Another Amendment (No. 15) proposed to the Bill, in page 145, line 31, after the second word 'trustees' to insert the words, 'and that not less than on third of this number shall be nominated by a recognised pensioners' association and in the case of a closed fund, the majority shall be member nominated trustees'.-(Mr George Osborne.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 123) made to the Bill.
Another Amendment (No. 53) proposed to the Bill, in page 152, to leave out lines 43 to 46 and insert the words, 'is certified by the actuary to be broadly comparable to the occupational pension scheme referred to in section 228(1)(c).', instead thereof.-(John Robertson.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 51) proposed to the Bill, in page 153, line 44, at the end to insert the words-
'(3A)Where an employer has failed to comply with the requirements of this section, a complaint may be presented to an employment tribunal on that ground-
(a)in the case of failure relating to representatives of a trade union, by the trade union,
(b)in any other case, by any of his employees who are affected employees.
(3B)Where the tribunal finds a complaint under subsection (3A) above well-founded it shall make a declaration to that effect and may order the employer to pay appropriate compensation to such descriptions of affected employees as may be specified in the award.
(a)"appropriate compensation" means such sum not exceeding thirteen weeks' pay for the employee in question as the tribunal considers just and equitable having regard to the seriousness of the failure of the employer to comply with his duty.
(b)"affected employee" means an employee who is a member of the scheme or who would have been eligible to become a member if a prescribed decision within the meaning of subsection (1) had not taken effect.
(3D)Chapter 2 of Part 14 of the Employment Rights Act 1996 shall apply for calculating the amount of a week's pay for any employee for the purposes of subsection (3C) above.'-(John Robertson.)
Question proposed, That the Amendment be made;
And it being Seven o'clock, the Deputy Speaker put the Question already proposed from the Chair, pursuant to Order [this day]:-It was negatived.
The Deputy Speaker then proceeded to put the Question on the remaining Amendments moved by a Minister of the Crown.
Other Amendments (Nos. 124 to 126) made to the Bill.
It being after Seven o'clock, further proceedings on the Bill stood adjourned.
Bill to be further considered to-morrow.
11 Architects,-Ordered, That the Architects (Professional Conduct Committee) Amendment Order 2004 (S.I., 2004, No. 655), dated 10th March 2004, be referred to a Standing Committee on Delegated Legislation.-(Margaret Moran.)
12 Adjournment,-Resolved, That this House do now adjourn.-(Margaret Moran.)
And accordingly the House, having continued to sit till twenty-three minutes past Seven o'clock, adjourned till to-morrow.
[Adjourned at 7.23 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 Consumer Protection,-Fireworks (Safety) (Amendment) Regulations 2004 (S.I., 2004, No. 1372), dated 17th May 2004 [by Act] [Ms Secretary Hewitt].
2 European Communities,-(1) European Communities (Designation) (No. 3) Order 2004 (S.I., 2004, No. 1283), dated 6th May 2004 [by Act] with an Explanatory Memorandum thereon [by Command] [Mr Secretary Straw], and
(2) European Parliamentary Elections (Common Electoral Principles) Regulations 2004 (S.I., 2004, No. 1374) dated 17th May 2004 [by Act] with an Explanatory Memorandum thereon [by Command] [Mr Christopher Leslie].
3 Health and Safety,-Adventure Activities Licensing Regulations 2004 (S.I., 2004, No. 1309), dated 13th May 2004 [by Act] [Mr Secretary Clarke].
4 Representation of the People,-European Parliamentary Elections (Welsh Forms) Order 2004 (S.I., 2004, No. 1373) dated 17th May 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Christopher Leslie].
Other Papers:
5 Immigration and Asylum,-Explanatory Memorandum to the Asylum Support (Amendment) (No. 2) Regulations 2004 (S.I., 2004, No. 1313) [by Command] [Mr Secretary Blunkett].
European Standing Committees
1 European Union Document No. 8235/04 relating to the Marketing of maize genetically modified for glyphosphate tolerance, has been referred to European Standing Committee A.
2 European Union Document No. 8875/04 relating to the Industrial policy for an enlarged Europe, has been referred to in European Standing Committee C.
APPENDIX III
Reports from Select Committees
1 European Scrutiny,-Twentieth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 42-xx] [Mr Jimmy Hood].
2 Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,-Minutes of Evidence taken before the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee [Local Government Revenue]; to be printed [No. 402-iii] [Mr Clive Betts].
3 Statutory Instruments,-Nineteenth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 82-xix] [Mr David Tredinnick].
4 Trade and Industry,-(1) Minutes of Evidence taken before the Trade and Industry Committee [The Post Office Urban Network Reinvention Programme]; to be printed [611-i]; and
(2) Minutes of Evidence taken before the Committee [Royal Mail Renewal];to be printed [612-i and -ii]
5 Treasury,-Minutes of Evidence taken before the Treasury Committee [Regional Productivity]; to be printed [308-ii] [Mr John McFall].
6 Welsh Affairs,-Minutes of Evidence taken before the Welsh Affairs Committee [Manufacturing and Trade in Wales]; to be printed [No. 323-x] [Mr Martyn Jones].
[W.H., No. 54]
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.-(Joan Ryan.)
And accordingly the sitting was adjourned till to-morrow.
[Adjourned at 4.41 p.m.
Sir Alan Haselhurst
Deputy Speaker
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