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The House met at half-past Eleven o'clock.
PRAYERS.
1 Third Standing Committee on Delegated Legislation,-Mr John Cummings reported from the Third Standing Committee on Delegated Legislation the Occupational Pensions Schemes (Winding Up and Deficiency on Winding Up etc.) (Amendment) Regulations 2004 (S.I., 2004, No. 403).
Minutes of Proceedings of the Committee to lie upon the Table.
2 Seventh Standing Committee on Delegated Legislation,-Mr Kevin Hughes reported from the Seventh Standing Committee on Delegated Legislation the draft Tobacco Advertising and Promotion (Brandsharing) Regulations 2004.
Minutes of Proceedings of the Committee to lie upon the Table.
3 Eighth Standing Committee on Delegated Legislation,-Derek Conway reported from the Eighth Standing Committee on Delegated Legislation the Draft Immigration (Provision of Physical Data) (Amendment) (No. 2) Regulations 2004.
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:
The Lords have agreed to the Asylum and Immigration (Treatment of Claimants, etc.) Bill, with Amendments, to which the Lords desire the concurrence of this House.
5 Asylum and Immigration (Treatment of Claimants, etc.) Bill,-Lords Amendments to the Asylum and Immigration (Treatment of Claimants, etc.) Bill to be considered to-morrow; and to be printed [Bill 137].
6 Domestic Tradable Quotas (Carbon Emissions),-Ordered, That leave be given to bring in a Bill to introduce a domestic trading scheme for carbon emissions; to set a national ceiling for carbon emissions; and for connected purposes: And that Mr Colin Challen, Mr Peter Ainsworth, Mr David Chaytor, Joan Walley, Mr Tony McWalter, Brian White, Mr John Battle, Mr Andrew Stunell, Mr Simon Thomas, Sue Doughty and Mr Gordon Prentice do prepare and bring it in.
7 Domestic Tradable Quotas (Carbon Emissions) Bill,-Mr Colin Challen accordingly presented a Bill to introduce a domestic trading scheme for carbon emissions; to set a national ceiling for carbon emissions; 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 136].
8 Finance Bill,-The House, according to Order, proceeded further to consider the Finance Bill, as amended in the Committee and in the Standing Committee.
Another Amendment (No. 16) proposed to the Bill, in page 4, line 24, at the beginning, to insert the words 'Subject to the provisions of subsection (7).'.-(Mr Andrew Tyrie.)
Question put, That the Amendment be made.
Tellers for the Ayes, Gregory Barker, Mr Peter Atkinson: 109.
Tellers for the Noes, Derek Twigg, Gillian Merron: 250.
Another Amendment (No. 38) proposed to the Bill, in page 23, line 26, to leave out '19%' and insert '5%', instead thereof.-(Dr Vincent Cable.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 224) proposed to the Bill, in page 23, line 40, at the end, to insert the words-
'(5)This section shall not apply to the income of a settlement in any year of assessment if the trustees of the settlement have elected that section 691(2) of the Taxes Act (certain income of maintenance funds for historic houses not to become the income of the settlor etc) shall have effect in the case of-
(b) any part of the settlement in relation to that year of assessment'.-(Mr Howard Flight.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Other Amendments (Nos. 71 to 90) made to the Bill.
Another Amendment (No. 1) proposed to the Bill, in page 356, line 20, at the beginning, to insert the words 'Subject to sub-paragraph (6) below,'.-(Mr Howard Flight.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Another Amendment (No. 2) proposed to the Bill, in page 356, line 26, to leave out the words '17th March 1986' and insert the words '19th June 2003', instead thereof.-(Mr Howard Flight.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr David Ruffley, Mr Peter Atkinson: 153.
Tellers for the Noes, Mr Jim Murphy, Mr Vernon Coaker: 265.
Other Amendments (Nos. 91 to 111) made to the Bill.
Another Amendment (No. 27) proposed to the Bill, in page 151, line 16, to leave out the words '70% of the basis amount for the alternatively secured pension year' and insert the words 'the greater of:
(a) 70% of the basis amount for that alternatively secured pension year, or
(b) in an alternatively secured pension year other than the first alternatively secured pension year, the aggregate of:
(i) the total amount of alternatively secured pension which could have been paid to the member in all previous alternatively secured pension years less the amount actually paid to the member in those alternatively secured pension years ("the undrawn alternatively secured pension"), and
(ii) 70% of the basis amount for that alternatively secured pension year (calculated after deducting from the sums and assets representing the member's alternatively secured pension fund on the nominated date the amount of the undrawn alternatively secured pension).', instead thereof.-(Mr George Osborne.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
9 Deferred Divisions,-The Deputy Speaker announced the results of the Division which had been deferred to this day, pursuant to the Orders of the House [28th June 2001 and 6th November 2003 (Deferred Divisions)]:
Civil Aviation,-That the draft Stansted Airport Aircraft Movement Limit (Revocation) Order 2004, which was laid before this House on 8th June, be approved.
So the Question was agreed to.
10 Finance Bill,-The House, according to Order, again proceeded further to consider the Finance Bill, as amended in the Committee and in the Standing Committee.
Other Amendments (Nos. 112 to 137) made to the Bill.
Another Amendment (No. 25) proposed to the Bill, in page 489, line 20, to leave out '25 x ARP' and insert the words 'the aggregate of-
(a) the amount of any lump sum paid to the individual, increased from the date of payment to 5th April 2006 by the lesser of 5% per annum and the increase in the retail prices index over that period; and
(b) 20 x ARP', instead thereof.-(Mr Howard Flight.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Other Amendments (Nos. 138 to 149) made to the Bill.
Another Amendment (No. 13) proposed to the Bill, in page 522, line 9, to leave out '6%' and insert '12%', instead thereof.-(Mr Alex Salmond.)
Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.
Other Amendments (Nos. 160 to 165, 150 to 159 and 166 to 222) made to the Bill.
A Schedule (NS1) (Overseas Pension Schemes: Migrant Member Relief)-(Dawn Primarolo)-brought up, read the first and second time, and added to the Bill.
Another Schedule (NS2) (Non-UK Schemes: Application of Certain Charges)-(Dawn Primarolo)-brought up, read the first and second time, and added to the Bill.
Another Amendment (No. 223) made to the Bill.
A Motion being made, That the Bill be now read the third time;
Dawn Primarolo, 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 interest is concerned, That the House may do therein as it shall think fit.
Dawn Primarolo, by Command of the Prince of Wales, acquainted the House, That His Royal Highness, having been informed of the purport of the Bill, gives his Consent, as far as the Prince of Wales's interest is concerned, That the House may do therein as it shall think fit.
And the Question being put;
Tellers for the Ayes, Mr Nick Ainger, Paul Clark: 249.
Tellers for the Noes, Mr David Wilshire, Gregory Barker: 136.
So the Question was agreed to.
The Bill was accordingly read the third time, and passed.
11 Environmental Protection,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Landfill (Scheme Year and Maximum Landfill Amount) Regulations 2004, which were laid before this House on 22nd June, be approved-(Derek Twigg):-It was agreed to.
12 Northern Ireland,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Dangerous Wild Animals (Northern Ireland) Order 2004, which was laid before this House on 22nd June, be approved-(Derek Twigg):-It was agreed to.
13 Regulatory Reform,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 18 (Consideration of draft regulatory reform orders), That the draft Regulatory Reform (Museum of London) (Location of Premises) Order 2004, which was laid before this House on 6th May, be approved-(Derek Twigg):-It was agreed to.
14 Public Petitions,-A Public Petition from the Derbyshire Gypsy Liaison Group and supporters for amendments to planning and settlement guidelines to prevent racial discrimination against Romani and other ethnic Traveller peoples was presented and read; and ordered to lie upon the Table and to be printed.
15 Adjournment,-A Motion was made, and the Question being proposed, That this House do now adjourn-(Mr Nick Ainger);
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 twenty minutes to Eight o'clock, till to-morrow.
[Adjourned at 7.40 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 Education,-Draft Student Fees (Approved Plans) (England) Regulations 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].
Papers subject to Negative Resolution:
2 British Nationality,-British Nationality (General) (Amendment) Regulations 2004 (S.I., 2004, No. 1726), dated 7th July 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Blunkett].
3 Education,-Education (Grants for Disabled Postgraduate Students) (Amendment) Regulations 2004 (S.I., 2004, No. 1658), dated 29th June 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].
4 Health Care and Associated Professions,-Medical Act 1983 (Amendment) Order 2002 (Saving Provision) Order of Council 2004 (S.I., 2004, No. 1731), dated 7th July 2004 [by Statutory Instrument] [Mr Secretary Reid].
5 Licences and Licensing,-Licensing Act 2003 (First appointed day and personal licences transitional period) Order 2004 (S.I., 2004, No. 1739), dated 7th July 2004 [by Act], with an Explanatory Memorandum [by Command] [Secretary Tessa Jowell].
6 London Government,-Transport for London (Arlington Street) Order 2004 (S.I., 2004, No. 1651), dated 25th June 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].
7 Medicines,-Medicines (Standard Provisions for Licences and Certificates) Amendment Regulations 2004 (S.I., 2004, No. 1678), dated 30th June 2004 [by Act] [Mr Secretary Reid].
8 Sports Grounds and Sporting Events,-Football Spectators (Seating) Order 2004 (S.I., 2004, No. 1737), dated 7th July 2004 [by Act], with an Explanatory Memorandum [by Command] [Secretary Tessa Jowell].
Other Papers:
9 National Audit (Northern Ireland),-Report by the Comptroller and Auditor General for Northern Ireland on Department for Employment and Learning: Jobskills [by Statutory Instrument]; to be printed [No. 762] [Clerk of the House].
10 Financial Reporting to Parliament,-Departmental Report 2004: The Government's Expenditure Plans for 2003-04 to 2005-06 for the Office of Fair Trading [by Command] [Cm. 6218] [Ms Secretary Hewitt].
11 Telecommunications,-Direction, dated 5th July 2004, by the Secretary of State for Trade and Industry under section 94 of the Telecommunications Act 1984 [by Act] [Ms Secretary Hewitt].
12 Treaty Series (No. 26, 2004),-Exchange of Notes, done at Lusaka on 7th April 2003 and 24th March 2004, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Zambia concerning Certain Commercial Debts (The United Kingdom/Zambia Debt Agreement No. 8 (2002)) [by Command] [Cm. 6262] [Mr Secretary Straw].
13 Treaty Series (No. 27, 2004),-Agreement, done at Dublin 25th November 2003, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland establishing the Independent Monitoring Commission [by Command] [Cm. 6263] [Mr Secretary Straw].
APPENDIX II
Standing Committees
1 Draft Uranium Enrichment Technology (Prohibition on Disclosure) 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: Mr Peter Ainsworth, Charlotte Atkins, Mr Peter Atkinson, Vera Baird, Brian Cotter, Mr Hilton Dawson, Angela Eagle, Michael Fabricant, Mrs Lorna Fitzsimons, Mr Edward Leigh, Rosemary McKenna, Mr Robert Marshall-Andrews, Ian Stewart, Mr Graham Stringer, Mr Andrew Stunell and Mr Stephen Timms.
2 Draft Community Radio 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 David Atkinson, Chris Bryant, Ms Karen Buck, Colin Burgon, Mrs Anne Campbell, Mr Geoffrey Clifton-Brown, Mr Michael Connarty, Mr Don Foster, Mr Boris Johnson, John McDonnell, Estelle Morris, Mr Denis Murphy, Bob Russell, Joan Ryan, Bob Spink and Dr Howard Stoate.
3 Draft Motor Vehicles (International Circulation) (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 Harold Best, Mr Christopher Chope, Ann Coffey, Tom Cox, Mr Frank Doran, Mr Stephen Dorrell, Paul Farrelly, Barbara Follett, Mr David Heyes, Mr David Jamieson, Alan Keen, Mr Paul Marsden, Gillian Merron, Mr David Ruffley, Mrs Gillian Shephard and John Thurso.
4 Occupational Pensions Schemes (Winding Up and Deficiency on Winding Up etc.) (Amendment) Regulations 2004 (S.I., 2004, No. 403),-The Committee of Selection has discharged Mr Stephen Byers from the Third Standing Committee on Delegated Legislation (nominated in respect of the Regulations) and nominated in substitution John Cryer.
5 Draft Anti-Social Behaviour (Northern Ireland) Order 2004 and the draft Criminal Justice (No. 2) (Northern Ireland) Order 2004:
(1) The Speaker has allocated the draft Orders to the Fifth Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Alistair Carmichael, Mr Tom Clarke, Mr Vernon Coaker, Mr Jim Cousins, Mr Nigel Dodds, Mr Bill Etherington, Mr Tom Harris, Mr Mark Lazarowicz, Mr Terry Lewis, Mr Seamus Mallon, Mr Martin Salter, Mr John Spellar, Mr Desmond Swayne, Mr Hugo Swire, Mr Ian Taylor and Mr David Trimble.
6 Draft European Communities (Definition of Treaties) (Stabilisation and Association Agreement between the European Communities and their Member States, and the Republic of Croatia) 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 Colin Breed, Mr Iain Coleman, Mr Mark Fisher, Mr Calum MacDonald, Ann McKechin, Mr Denis MacShane, Mr Michael Mates, Mr Michael Moore, Mr Jim Murphy, Mr Kerry Pollard, Hugh Robertson, Mr Richard Shepherd, Mr Richard Spring, Dr Phyllis Starkey, Mr Paul Truswell and Mr Robert N. Wareing.
7 Draft Representation of the People (Form of Canvass) (England and Wales) Regulations 2004 and the draft Representation of the People (Form of Canvass) (Scotland) Regulations 2004:
(1) The Speaker has allocated the draft Regulations to the Seventh Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Peter Bottomley, Mr Geoffrey Clifton-Brown, Geraint Davies, Mr David Drew, Mr Nick Gibb, Mr John Greenway, Mr David Heath, Mr George Howarth, Mr Christopher Leslie, Siobhain McDonagh, Bridget Prentice, Adam Price, Mr Mohammad Sarwar, Mr Chris Smith, Mark Tami and Keith Vaz.
8 Draft Extradition Act 2003 (Amendment to Designations) Order 2004 and the draft Extradition Act 2003 (Repeals) Order 2004:
(1) The Speaker has allocated the draft Orders to the Eighth Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Roger Berry, Mr Alistair Carmichael, Mr Geoffrey Clifton-Brown, Mrs Janet Dean, Mr Jonathan Djanogly, Jim Dobbin, Caroline Flint, Mr Roger Godsiff, Mr Doug Henderson, Shona McIsaac, Mr John Maples, Gillian Merron, Julie Morgan, Mr Mark Oaten, Mr Siôn Simon and Ann Winterton.
9 Draft National Minimum Wage Regulations 1999 (Amendment) (No. 2) Regulations 2004:
(1) The Speaker has allocated the draft Regulations to the Ninth Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Charlotte Atkins, Mr Peter Atkinson, Mr Crispin Blunt, Malcolm Bruce, Brian Cotter, Mr Tam Dalyell, Valerie Davey, Mr John Lyons, Andrew Mackinlay, Judy Mallaber, Mr Gordon Prentice, Joan Ruddock, Ian Stewart, Mr Gerry Sutcliffe, Sir Teddy Taylor and Mr Andrew Tyrie.
10 Draft Northern Ireland Act 1998 (Designation of Public Authorities) Order 2004,-The Committee of Selection has discharged John Cryer and Rob Marris from the Ninth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr George Howarth and Ian Stewart.
11 Draft Vehicle Testing (Temporary Exemptions) (Northern Ireland) Order 2004:
(1) The Speaker has allocated the draft Order to the Tenth Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated twenty-one Members to serve on the Committee: Virginia Bottomley, Mr William Cash, Mr David Clelland, Ann Clwyd, Mr Vernon Coaker, Sir Patrick Cormack, Mr Jeffrey M. Donaldson, Mr Tom Harris, Lady Hermon, Mr Brian Jenkins, Mr Kevan Jones, Andy King, Mr Khalid Mahmood, Lembit Öpik, Albert Owen, Joyce Quin, Mr Andy Reed, Phil Sawford, Angela Smith, Mr Desmond Swayne and Mr Hugo Swire.
12 Draft Student Fees (Amounts) (England) Regulations 2004:
(1) The Speaker has allocated the draft Regulations to the Eleventh Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr David Chaytor, Mr Adrian Flook, Chris Grayling, Alan Johnson, Ms Sally Keeble, Mr David Kidney, Mr Bob Laxton, Ian Lucas, Mr Tony McWalter, Mr Archie Norman, Mr Gwyn Prosser, Dr John Pugh, Mr David Rendel, Mr David Ruffley, Derek Twigg and Mr Mike Wood.
13 Draft Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004,-The Committee of Selection has discharged Mr Tim Boswell and Mr Robert N. Wareing from the Twelfth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr Malcolm Moss and Kali Mountford.
APPENDIX III
Reports from Select Committees
1 Defence,-Minutes of Evidence taken before the Defence Committee [Duty of Care]; to be printed [No. 620-iv] [Mike Gapes].
2 Draft Charities Bill,-(1) Minutes of Evidence taken before the Joint Committee on the Draft Charities Bill; to be printed [No. 660-ix]; and
(2) Memoranda laid before the Committee; to be printed [No. 660-x]
3 Education and Skills,-Minutes of Evidence taken before the Education and Skills Committee [Public Expenditure on Education and Skills]; to be printed [No. 687-ii] [Mr Barry Sheerman].
4 Environmental Audit,-(1) Eighth Report from the Environmental Audit Committee [Greening Government 2004], together with an Appendix to the Report; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 881];
(2) Ninth Report from the Committee [Environmental Crime: Fly-tipping, Fly-posting, Litter, Graffiti and Noise], 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. 445]; and
(3) Minutes of Evidence taken before the Committee [Housing: Building a Sustainable Future?]; to be printed [No. 709-iii]
5 European Scrutiny,-Twenty-sixth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 42-xxvi] [Mr Jimmy Hood].
6 Human Rights,-Fifteenth Report from the Joint Committee on Human Rights [The Civil Partnership Bill]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 885] [Jean Corston].
7 Northern Ireland Affairs,-Minutes of Evidence taken before the Northern Ireland Affairs Committee [Electoral Registration in Northern Ireland]; to be printed [No 882-i] [Mr Michael Mates].
8 Procedure,-Fourth Report from the Procedure Committee [Programming of Legislation], together with an Appendix 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. 325] [Sir Nicholas Winterton].
9 Public Administration,-Fifth Report from the Select Committee on Public Administration [A Matter of Honour: Reforming the Honours System], together with the Appendices to the Minutes of Evidence; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 212-I and -II] [Tony Wright].
10 Science and Technology,-(1) Tenth Report from the Science and Technology Committee [Scientific Publications: Free for all?], together with the 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. 399-I and -II]; and
(2) Minutes of Evidence taken before the Committee [The Use of Science in UK International Development Policy]; to be printed [No. 133-vii]
11 Transport,-Minutes of Evidence taken before the Transport Committee [Railways: Southern region power supply upgrade]; to be printed [No. 836-i] [Mrs Gwyneth Dunwoody].
12 Welsh Affairs,-Fourth Report from the Welsh Affairs Committee [The Draft Transport (Wales) Bill], together with the 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. 759] [Mr Martyn Jones].
13 Work and Pensions,-(1) Third Report from the Work and Pensions Committee [DWP's Administration of IT Projects], 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. 311-I]; and
(2) Minutes of Evidence taken before the Committee on 30th June [Service Delivery to Minority Ethnic Customers]; to be printed [No. 665-iii]
[W.H., No. 72]
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 4.39 p.m.
Sir Alan Haselhurst
Deputy Speaker
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