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The House met at half-past Eleven o'clock.
PRAYERS.
1 Fourth Standing Committee on Delegated Legislation,-Mr Martin Caton reported from the Fourth Standing Committee on Delegated Legislation the Occupational Pensions Schemes (Winding Up) (Amendment) Regulations 2004 (S.I., 2004, No. 1140).
Minutes of Proceedings of the Committee to lie upon the Table.
2 Ninth Standing Committee on Delegated Legislation,-Mr Peter Pike reported from the Ninth Standing Committee on Delegated Legislation the draft National Minimum Wage Regulations 1999 (Amendment) (No. 2) Regulations 2004.
Minutes of Proceedings of the Committee to lie upon the Table.
3 Tenth Standing Committee on Delegated Legislation,-Mr Alan Hurst reported from the Tenth Standing Committee on Delegated Legislation the draft Vehicle Testing (Temporary Exemptions) (Northern Ireland) Order 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 come to the following Resolution, to which they desire the agreement of this House:
That it is expedient that a Joint Committee of Lords and Commons be appointed to consider and report on any draft Mental Health Bill presented to both Houses by a Minister of the Crown, and that the Committee should report on the draft Bill by 31st March 2005.
The Lords agree without Amendment to certain of the Amendments made by this House to the Energy Bill [Lords]; they disagree to an Amendment made by this House but propose Amendments to the words so restored to the Bill, to which they desire the agreement of this House; and they agree to the remaining Amendment made by this House with an Amendment, to which they desire the agreement of this House.
5 Energy Bill [Lords],-Lords Amendment to a Commons Amendment to the Energy Bill and Lords Amendments to words restored to the Bill by disagreement to a Commons Amendment to be considered to-morrow; and to be printed [Bill 143].
6 Domestic Energy Efficiency Bill,-The Order for reading the Domestic Energy Efficiency Bill a second time on Friday 16th July was read and discharged.
Bill to be read a second time on Friday 15th October.
7 Doorstep Selling (Property Repairs) Bill,-The Order for reading the Doorstep Selling (Property Repairs) Bill a second time on Friday 16th July was read and discharged.
Bill to be read a second time on Friday 15th October.
8 Marine Wildlife Conservation Bill,-The Order for reading the Marine Wildlife Conservation Bill a second time on Friday 16th July was read and discharged.
Bill to be read a second time on Friday 15th October.
9 Traffic Management Bill [Ways and Means] (No. 2),-A Motion was made, and the Question being proposed, That, for the purposes of any Act resulting from the Traffic Management Bill, it is expedient to authorise the charging of fees in connection with permit schemes-(Mr Tony McNulty);
And it being three-quarters of an hour after the commencement of proceedings on the Motion, the Deputy Speaker put the Question, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills).
Tellers for the Ayes, Paul Clark, Charlotte Atkins: 214.
Tellers for the Noes, Mr Hugo Swire, Mr John Randall: 75.
So the Question was agreed to.
Resolved, That, for the purposes of any Act resulting from the Traffic Management Bill, it is expedient to authorise the charging of fees in connection with permit schemes.
10 Traffic Management 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 following provisions shall apply to the Traffic Management Bill for the purpose of supplementing the Order of 5th January 2004:
Consideration of Lords Amendments
1. Proceedings on Consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion at Six o'clock at this day's sitting.
2. The Lords Amendments shall be taken in the following order, namely Nos. 4 to 15, 1 to 3 and 16 to 109.
3. Any further Message from the Lords may be considered forthwith without any Question put.
4. The proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement-(Mr Tony McNulty);
Tellers for the Ayes, Paul Clark, Charlotte Atkins: 213.
Tellers for the Noes, Mr Hugo Swire, Mr Peter Atkinson: 77.
So the Question was agreed to.
11 Traffic Management Bill,-The House, according to Order, proceeded to consider the Lords Amendments to the Traffic Management Bill.
A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment-(Mr Tony McNulty);
Tellers for the Ayes, Jim Fitzpatrick, Joan Ryan: 199.
Tellers for the Noes, Mr Peter Atkinson, Mr Hugo Swire: 78.
So the Question was agreed to.
The Lords Amendment was accordingly disagreed to.
Lords Amendments Nos. 5 to 11 were disagreed to.
Amendments ((a) and (b)) were made to the words restored to the Bill by disagreement to Lords Amendment No. 11.
Lords Amendments Nos. 12 to 15 were disagreed to.
Lords Amendments Nos. 1 to 3 and 16 to 51 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 28 and 29.
An Amendment ((a)) was proposed to the Lords Amendment, in line 2, to leave out the words '(whether or not regulations under it have been made)'.-(Mr Christopher Chope.)
And the Question being put, That the Amendment be made;
Tellers for the Ayes, Mr Eric Forth, Mr Peter Atkinson: 61.
Tellers for the Noes, Joan Ryan, Gillian Merron: 186.
So the Question was negatived.
The Lords Amendment was agreed to.
Lords Amendments Nos. 53 to 70 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendment No. 56.
A Motion was made, and the Question being proposed, That this House agrees with the Lords in their Amendment-(Mr Tony McNulty);
And it being Six o'clock, the Deputy Speaker put the Question, pursuant to Order [this day]:-It was agreed to.
The Lords Amendment was accordingly agreed to.
The Deputy Speaker then put the Question that this House agrees with the remaining Lords Amendments:-It was agreed to.
Lords Amendments Nos. 72 to 109 were accordingly agreed to.
A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 6th November 2003 (Programming of Bills)], That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their Amendments Nos. 4 to 10 and 12 to 15;
That Mr Christopher Chope, Ann Coffey, Mr Tony McNulty, Gillian Merron and John Thurso be members of the Committee;
That Mr Tony McNulty be the Chairman of the Committee;
That three be the Quorum of the Committee;
That the Committee do withdraw immediately-(Gillian Merron);
Tellers for the Ayes, Mr Vernon Coaker, Joan Ryan: 181.
Tellers for the Noes, Mr Eric Forth, Mr John Horam: 45.
So the Question 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 Anti-social Behaviour (Northern Ireland) Order 2004, which was laid before this House on 28th June, be approved-(Paul Clark):-It was agreed to.
13 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 Criminal Justice (No. 2) (Northern Ireland) Order 2004, which was laid before this House on 29th June, be approved-(Paul Clark):-It was agreed to.
14 European Communities,-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 Communities (Definition of Treaties) (Stabilisation and Association Agreement between the European Communities and their Member States, and the Republic of Croatia) Order 2004, which was laid before this House on 21st June, be approved-(Paul Clark):-It was agreed to.
15 Road Traffic,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Motor Vehicles (International Circulation) (Amendment) Order 2004, which was laid before this House on 14th June, be approved-(Paul Clark):-It was agreed to.
16 Broadcasting,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Community Radio Order 2004, which was laid before this House on 15th June, be approved-(Paul Clark):-It was agreed to.
17 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 Representation of the People (Form of Canvass) (England and Wales) Regulations 2004, which were laid before this House on 16th June, be approved-(Paul Clark):-It was agreed to.
18 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 Representation of the People (Form of Canvass) (Scotland) Regulations 2004, which were laid before this House on 17th June, be approved-(Paul Clark):-It was agreed to.
19 Public Petitions,-A Public Petition from Eileen Chubb of the 'BUPA 7' and others for a public inquiry into the case of the 'BUPA 7' was presented and read; and ordered to lie upon the Table and to be printed.
20 Traffic Management Bill,-Mr Tony McNulty reported from the Committee appointed to draw up Reasons to be assigned to the Lords for disagreeing to certain of their Amendments to the Traffic Management Bill, That it had drawn up the following Reason, which it had directed him to report to the House:
The Commons disagree to Lords Amendments Nos. 4 to 10 and 12 to 15 for the following Reason:
Because intervention powers are necessary in order to enforce the duties in Part 2.
The Reason was agreed to.
Message to the Lords, to communicate the said Reason, with the Bill and Amendments.
21 Adjournment,-Resolved, That this House do now adjourn.-(Paul Clark.)
And accordingly the House, having continued to sit till twenty minutes to Seven o'clock, adjourned till to-morrow.
[Adjourned at 6.40 p.m.
Michael J. Martin
Speaker
Mr Speaker will take the Chair at half-past Nine o'clock.
APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Affirmative Resolution:
1 Legal Services,-Draft Legal Services Ombudsman (Extension of Remit) Regulations 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy].
Papers subject to Negative Resolution:
2 Education,-Education (Mandatory Awards) (Amendment) (No. 2) Regulations 2004 (S.I., 2004, No. 1792), dated 8th July 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].
3 Environmental Protection,-Controls on Nonylphenol and Nonylphenol Ethoxylate Regulations 2004 (S.I., 2004, No. 1816), dated 13th July 2004 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett].
4 Income Tax,-Thalidomide Children's Trust (Application of Section 329AA of the Income and Corporation Taxes Act 1988) Order 2004 (S.I., 2004, No. 1819), dated 14th July 2004 [by Act], with an Explanatory Memorandum [by Command] [Dawn Primarolo].
Other Papers:
5 Constitutional Affairs,-Paper, entitled Transforming Public Services: Complaints, Redress and Tribunals [by Command] [Cm. 6243] [Mr David Lammy].
6 Duchy of Cornwall and Lancaster,-Report and Accounts of the Duchy of Lancaster for 2003-04 [by Act] [Ruth Kelly].
7 Foreign Affairs,-Government Response to the Fifth Report from the Foreign Affairs Committee, Session 2003-04, on South Africa [by Command] [Cm. 6283] [Mr Secretary Straw].
8 Government Resources and Accounts,-(1) Report and Accounts for 2003-04 of the-
(i) Disposal Services Agency , with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 827] [Mr Secretary Hoon],
(ii) Equal Opportunities Commission, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 671] [Ms Secretary Hewitt],
(iii) HM Prison Service, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 718] [Mr Secretary Blunkett],
(iv) Medical Supplies Agency, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 733] [Mr Secretary Hoon],
(v) Rent Service Agency, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 735] [Mr Secretary Prescott], and
(vi) Valuation Office Agency, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 811] [Dawn Primarolo]; and
(2) Resource Accounts of the Office of Gas and Electricity Markets for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 896] [Ruth Kelly].
9 Health and Safety at Work,-Report and Accounts of the Health and Safety Commission for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 727] [Mr Secretary Smith].
10 Housing,-Report and Accounts of the Liverpool Housing Action Trust for 2003-04 [by Act] [Mr Secretary Prescott].
11 Judicial Statistics,-Report by the Lord Chancellor on Judicial Statistics for 2003 [by Command] [Cm. 6251] [Mr Christopher Leslie].
12 National Heritage,-Report and Accounts of the Royal Botanic Gardens, Kew, for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 705] [Clerk of the House].
13 New Towns,-Statement of Guarantee given on 15th July 2004 on loans proposed to be raised by the Commission for the New Towns from Barclays Bank plc [by Act] [Ruth Kelly].
14 Northern Ireland,-Report and Accounts of the-
(1) Northern Ireland Child Support Agency, and
for 2003-04, with the Reports of the Comptroller and Auditor General for Northern Ireland thereon [by Statutory Instrument]; to be printed [Nos. 831 and 845] [Mr Secretary Murphy].
15 Office of the Deputy Prime Minister,-Government Response to the Fifth Report of the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee, Session 2003-04, on Decent Homes [by Command] [Cm. 6266] [Mr Secretary Prescott].
16 Prosecution of Offences,-Report of the Crown Prosecution Service for 2003-04 [by Act]; to be printed [No. 710] [The Solicitor General].
17 Science and Technology,-Report and Accounts of the Economic and Social Research Council for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 686] [Ms Secretary Hewitt].
18 Shipman Inquiry,-Fourth Report: The Regulation of Controlled Drugs in the Community [by Command] [Cm. 6249] [Mr Secretary Blunkett].
19 Trade Union and Labour Relations,-Report of the Certification Officer for 2003-04 [by Act] [Ms Secretary Hewitt].
20 Transport,-Paper, entitled The Future of Rail [by Command] [Cm. 6233] [Mr Secretary Darling].
21 Utilities,-Report and Financial Statements of the Office of Gas and Electricity Markets for 2003-04 [by Act]; to be printed [No. 786] [Ms Secretary Hewitt].
22 Work and Pensions,-Government Response to the Report from the Joint Committee on the Draft Disability Discrimination Bill, Session 2003-04 [by Command] [Cm. 6276] [Mr Secretary Smith].
APPENDIX II
Standing Committees
1 Draft Regional Assembly and Local Government Referendums (Date of Referendums, Referendum Question and Explanatory Material) (North West Region) Order 2004, draft Regional Assembly and Local Government Referendums (Date of Referendums, Referendum Question and Explanatory Material) (North East Region) Order 2004, and draft Regional Assembly and Local Government Referendums (Date of Referendums, Referendum Question and Explanatory Material) (Yorkshire and Humber Region) Order 2004,-The Speaker has appointed Mr Eric Illsley Chairman of the Second Standing Committee on Delegated Legislation in respect of the draft Orders.
2 Draft Vehicle Testing (Temporary Exemptions) (Northern Ireland) Order 2004,-The Committee of Selection has discharged Mr David Clelland, Lady Hermon, Andy King, Joyce Quin, Mr Andy Reed and Phil Sawford from the Tenth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr Roy Beggs, Mr Stephen Byers, Jim Dobbin, Jim Dowd, Paul Farrelly and Mr Anthony D. Wright.
Grand Committees
3 The Speaker has appointed Mr Win Griffiths Chairman of the Welsh Grand Committee in respect of its meetings on Tuesday 20th July.
APPENDIX III
Reports from Select Committees
1 Draft Gambling Bill (Regional Casinos),-Report from the Joint Committee on the Draft Gambling Bill (Regional Casinos), together with Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee [No. 843-I] [Mr John Greenway].
2 Treasury,-Minutes of Evidence taken before the Treasury Committee [Spending Review 2004]; to be printed [No. 906-ii] [Mr John McFall].
[W.H., No. 76]
Minutes of Proceedings of the Sitting in Westminster Hall
The sitting commenced at half-past Two o'clock.
Adjournment (Work of the Inter-Parliamentary Union),-Resolved, That the sitting be now adjourned.-(Mr Bill Rammell.)
And accordingly the sitting was adjourned till Tuesday 20th July.
[Adjourned at 6.26 p.m.
Sir Alan Haselhurst
Deputy Speaker
CORRIGENDA
(1) In the Votes and Proceedings for Tuesday 22nd June, in Appendix I, Item 4 (Iraq (United Nations Sanctions) (Amendment) Order 2004 (S.I., 2004, No. 1498)) should have appeared under the heading Other Papers.
(2) In the Votes and Proceedings for Wednesday 14th July, in Appendix III, Item 3, the title of the Fourth Report from the Education and Skills Committee should read 'Secondary Education: School Admissions'.
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