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The House met at half-past Eleven o'clock.
PRAYERS.
1 University of Wales, Cardiff Bill [Lords],—A Motion being made, That the University of Wales, Cardiff Bill [Lords] be now read the third time;
The Chairman of Ways and Means, 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 see fit.
And the Question being put:—It was agreed to.
The Bill was accordingly read the third time, and passed, without Amendment.
2 European Standing Committee B,—Mr Eric Forth reported from European Standing Committee B the following Resolution:
That the Committee takes note of European Union Document No. 8241/04, Commission Report and draft Council Directive relating to Directive 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products; and welcomes the principle of reducing administrative burdens for businesses but supports the United Kingdom Government's position that the 'distance-purchasing' elements of the current proposal are unacceptable, as they weaken the United Kingdom's law enforcement and revenue-raising ability.
Report, together with Resolution, to lie upon the Table.
3 St George's Day (Public Holiday),—A Motion was made, and the Question being proposed, That leave be given to bring in a Bill to make St. George's Day a public holiday in England in place of the May Day public holiday—(Andrew Rosindell);
And the Question being opposed, after permitting a short explanatory statement from the Member who made the Motion and from a Member who opposed it, the Speaker put the Question, pursuant to Standing Order No. 23 (Motions for leave to bring in bills and nomination of select committees at commencement of public business).
Tellers for the Ayes, Bob Spink, Mrs Angela Browning: 83.
Tellers for the Noes, Chris Bryant, John Cryer: 112.
So the Question was negatived.
4 Domestic Violence, Crime and Victims Bill [Lords] (Programme) (No. 2),—A Motion was made, and the Question being put, That the programme order of 14th June 2004 in relation to the Domestic Violence, Crime and Victims Bill [Lords] be varied as follows—
Consideration and Third Reading
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 of the Table.
| Time for conclusion of proceedings |
New Clauses, New Schedules and Amendments to Clauses Nos. 1 to 15
| Two and a half hours after the commencement of proceedings on the motion for this Order |
Amendments to Clauses Nos. 16 to 21 and Schedule No. 1
| Four and a half hours after the commencement of proceedings on the motion for this Order |
Amendments to Clauses Nos. 22 to 24, Schedule No. 2, Clauses Nos. 25 and 26, Schedule No. 3, Clause No. 27, Schedule No. 4, Clauses Nos. 28 and 29, Schedule No. 5, Clauses Nos. 30 and 31, Schedule No. 6, Clauses Nos. 32 to 41, Schedule No. 7, Clause No. 42, Schedule No. 8, Clauses Nos. 43 to 47, Schedule No. 9, Clauses Nos. 48 to 52, Schedules Nos. 10 and 11, Clause No. 53, Schedule No. 12, Clauses Nos. 54 to 57 and remaining proceedings on the Bill
| Five and half hours after the commencement of proceedings on the motion for this Order |
4. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which proceedings on consideration are commenced—(Paul Goggins);
Tellers for the Ayes, Joan Ryan, Margaret Moran: 280.
Tellers for the Noes, Mr Peter Atkinson, Gregory Barker: 144.
So the Question was agreed to.
5 Domestic Violence, Crime and Victims Bill [Lords],—The House, according to Order, proceeded to consider the Domestic Violence, Crime and Victims Bill [Lords], as amended in the Standing Committee.
A Clause (NC10) (Victims of persons subject to hospital order with restriction order: representations)—(Paul Goggins)—brought up, read the first and second time, and added to the Bill.
Another Clause (NC11) (Victims of persons subject to hospital order with restriction order: information)—(Mr John Heppell)—brought up, read the first and second time, and added to the Bill.
Another Clause (NC12) (Victims of persons subject to hospital direction and limitation direction: representations)—(Mr John Heppell)—brought up, read the first and second time, and added to the Bill.
Another Clause (NC13) (Victims of persons subject to hospital direction and limitation direction: information)—(Mr John Heppell)—brought up, read the first and second time, and added to the Bill.
Another Clause (NC14) (Victims of persons subject to transfer direction and restriction direction: representations)—(Mr John Heppell)—brought up, read the first and second time, and added to the Bill.
Another Clause (NC15) (Victims of persons subject to transfer direction and restriction direction: information)—(Mr John Heppell)—brought up, read the first and second time, and added to the Bill.
Another Clause (NC1) (Parental contact with children after separation in cases involving ill-treatment of the child or another person (No. 1))—(Mr Hilton Dawson)—brought up and read the first time.
Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn.
Another Clause (NC3) (Amendments to the Youth Justice and Criminal Evidence Act 1999 to extend the category of witnesses eligible for assistance on grounds of fear or distress about testifying)—(Mr David Heath)—brought up and read the first time.
Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn.
It being two and a half hours after the commencement of proceedings on the Motion relating to Domestic Violence, Crime and Victims Bill [Lords] (Programme) (No. 2), the Deputy Speaker, pursuant to Order [this day], put the Question on an Amendment selected for separate Division.
Amendment (No. 10) proposed to the Bill, in page 3, line 17, at the end, to insert the words—
'( ) For the purposes of subsection (1)(d)(ii), in determining the reasonableness of the steps which D could have been expected to take, the court shall have particular regard to the extent to which D has been subjected to domestic violence or is in fear of being subjected to domestic violence.'.—(Mr David Heath.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr Peter Atkinson, Richard Younger-Ross: 176.
Tellers for the Noes, Paul Clark, Derek Twigg: 297.
The Deputy Speaker then put the Question on the Amendments moved by a Minister of the Crown to be disposed of at that hour.
Amendments (Nos. 26 to 29) made to the Bill.
Another Amendment (No. 65) proposed to the Bill, in page 10, line 22, to leave out Clause No. 16.—(Mrs Cheryl Gillan.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Another Amendment (No. 11) proposed to the Bill, in page 10, line 29, to leave out from the word 'driving' to the end of line 31.—(Mr David Heath.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr Hugo Swire, Sir Robert Smith: 175.
Tellers for the Noes, Derek Twigg, Paul Clark: 290.
Another Amendment (No. 8) proposed to the Bill, in page 11, line 32, to leave out subsection (9).—(Mr David Heath.)
Question proposed, That the Amendment be made.
And being four and a half hours after the commencement of proceedings on the Motion relating to Domestic Violence, Crime and Victims Bill [Lords] (Programme) (No. 2), the Deputy Speaker put the Question.
Tellers for the Ayes, Mr Hugo Swire, Bob Russell: 180.
Tellers for the Noes, Mr Jim Murphy, Bridget Prentice: 296.
The Deputy Speaker then put the Question on an Amendment moved by a Minister of the Crown to be disposed of at that hour.
Another Amendment (No. 33) made to the Bill.
Another Amendment (No. 67) proposed to the Bill, in page 13, line 24, to leave out Clause No. 22.—(Mr Dominic Grieve.)
Question proposed, That the Amendment be made.
And it being five and a half hours after the commencement of proceedings on the Motion relating to Domestic Violence, Crime and Victims Bill [Lords] (Programme) (No. 2), the Deputy Speaker put the Question.
Tellers for the Ayes, Mr David Wilshire, Mr Peter Atkinson: 172.
Tellers for the Noes, Mr Jim Murphy, Bridget Prentice: 294.
The Deputy Speaker then put the Question on the remaining Amendments moved by a Minister of the Crown.
Motion made, and Question put, That Amendments Nos. 30 to 32, 34 to 52, 21 and 53 to 58 be made to the Bill.—(Mr John Heppell.)
Tellers for the Ayes, Mr Jim Murphy, Bridget Prentice: 282.
Tellers for the Noes, Mr Peter Atkinson, Gregory Barker: 175.
A Motion was made, and the Question being proposed, That the Bill be now read the third time;
And it being after Seven o'clock, the Deputy Speaker put the Question, pursuant to Order [this day]:—It was agreed to.
The Bill was accordingly read the third time and passed, with Amendments.
6 Motion to sit in private,—Mr Patrick McLoughlin moved, That the House sit in private.
The Deputy Speaker put the Question forthwith, pursuant to Standing Order No. 163 (Motions to sit in private).
Tellers for the Ayes, Mr Hugo Swire, Mr Geoffrey Clifton-Brown: 24.
Tellers for the Noes, Mr Jim Murphy, Bridget Prentice: 316.
So the Question was negatived.
7 Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Gillian Merron);
And the Motion having been made after Seven o'clock, and Debate having continued for half an hour, the Deputy Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then six minutes to Eight o'clock, till to-morrow.
[Adjourned at 7.54 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 Freedom of Information,—Draft Environmental Information Regulations 2004 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett].
Other Papers:
2 Criminal Injuries Compensation,—Report and Accounts of the Criminal Injuries Compensation Appeals Panel for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1120] [Mr Secretary Blunkett].
3 Government Resources and Accounts,—(1) Report and Accounts of the Football Licensing Authority for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1089] [Secretary Tessa Jowell]; and
(2) Resource Accounts of the Postal Services Commission for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1181] [Mr Stephen Timms].
4 Home Affairs,—Government Reply to the Fourth Report from the Home Affairs Committee, Session 2003-04, on Identity Cards [by Command] [Cm. 6359] [Mr Secretary Blunkett].
5 Identity Cards,—Paper, entitled Identity Cards: A Summary of Findings from the Consultation on Legislation on Identity Cards [by Command] [Cm. 6358] [Mr Secretary Blunkett].
6 Miscellaneous (No. 13, 2004),—Protocol, done at Geneva on 18th March 2004, on the Privileges and Immunities of the European Organization for Nuclear Research, with an Explanatory Memorandum [by Command] [Cm. 6356] [Mr Secretary Straw].
7 School Standards and Framework,—Accounts of—
(1) Bridgwater Education Action Zone;
(2) Derbyshire North East Coalfields Education Action Zone;
(3) Dingle Granby Toxteth Education Action Zone;
(4) Downham & Bellingham Education Action Zone;
(5) Hamilton Oxford Education Action Zone;
(6) Leigh Park Education Action Zone;
(7) South East England Virtual Education Action Zone; and
(8) Telford & Wrekin Education Action Zone
for 2003-04, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 1083, 1192, 1193, 1194, 1195, 1196, 1197 and 1198] [Clerk of the House].
8 Science and Technology,—Report and Accounts of the Medical Research Council for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1123].
APPENDIX II
Standing Committees
1 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (S.I., 2004, No. 1861),—The Committee of Selection has discharged Chris McCafferty from the First Standing Committee on Delegated Legislation (nominated in respect of the Regulations Order) and nominated in substitution Mr Kevan Jones.
2 Fishing Boats (Satellite-Tracking Devices) (England) Scheme Order 2004 (S.I., 2004, No. 2467):
(1) The Speaker has allocated the Order to the First Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Nick Ainger, Mr Graham Allen, Tony Baldry, Mr Ben Bradshaw, Mr Alistair Carmichael, Mr James Clappison, Mr Tony Clarke, Mr Tony Colman, Jeff Ennis, Andrew George, Mr Fabian Hamilton, Ian Lucas, Dr Nick Palmer, Mr Owen Paterson, Joan Walley and Mr David Wilshire.
3 Draft National Assembly for Wales (Transfer of Functions) 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 Nick Ainger, Mr Peter Atkinson, John Austin, Mrs Helen Clark, Mr Nigel Evans, Patrick Hall, Mr Nick Hawkins, Mr Kelvin Hopkins, Mr Jon Owen Jones, Chris Ruane, Geraldine Smith, Mr Don Touhig, Mr Bill Wiggin, Mrs Betty Williams, Hywel Williams and Mr Roger Williams.
4 Draft Scotland Act 1998 (Modifications of Schedule 5) Order 2004, the draft Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 2004 and the draft Freedom of Information (Scotland) Act 2002 (Consequential Modifications) Order 2004:
(1) The Speaker has allocated the draft Orders 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 Tom Harris, Mr Stephen Hepburn, Mr Ian Liddell-Grainger, Mr Iain Luke, Mr John Lyons, Mr John MacDougall, Mrs Anne McGuire, Mr Jim Murphy, Mr Richard Page, Linda Perham, Mr Alan Reid, Andrew Selous, Keith Vaz, Mr John Wilkinson and Pete Wishart.
5 Companies (Fees) Regulations 2004 (S.I., 2004, No. 2621) and the Limited Liability Partnerships (Fees) Regulations 2004 (S.I., 2004, No. 2620):
(1) The Speaker has allocated the Regulations to the Fourth Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Gregory Barker, Mr John Battle, Mr Henry Bellingham, Mr Roger Berry, Malcolm Bruce, Mr David Chaytor, Brian Cotter, Mrs Janet Dean, Mr Kevan Jones, Ms Sally Keeble, Mr Edward Leigh, Mr Andrew Love, Mr Gerry Sutcliffe, Mark Tami, Mr Tom Watson and Ann Winterton.
European Standing Committees
6 European Union Document No. 13244/04 and Addenda 1-2, relating to Turkish accession to the European Union, has been referred to European Standing Committee B.
APPENDIX III
Reports from Select Committees
1 Defence,—Minutes of Evidence taken before the Defence Committee [Tri-Service Armed Forces Bill]; to be printed [No. 1139-i] [Bruce George].
2 Draft Mental Health Bill,—(1) Minutes of Evidence taken before the Joint Committee on the Draft Mental Health Bill; to be printed [No. 1127-iv]; and
(2) Memoranda laid before the Committee; to be printed [No. 1127-v]
3 Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [Prison Education]; to be printed [No. 825-iv] [Mr Barry Sheerman].
4 Environment, Food and Rural Affairs,—(1) Minutes of Evidence taken before the Draft Animal Welfare Bill Sub-Committee of the Environment, Food and Rural Affairs Committee [The Draft Animal Welfare Bill]; to be printed [No. 1032-xii]; and
(2) Minutes of Evidence taken before the Water Pricing Sub-Committee of the Committee [Water Pricing]; to be printed [No. 1186-ii]
5 Environmental Audit,—(1) Thirteenth Report from the Environmental Audit Committee [The Sustainable Development Strategy: Illusion or Reality?], 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. 624]; and
(2) Minutes of Evidence taken before the Committee [Housing: Building a Sustainable Future?]; to be printed [No. 709-vi]
6 European Scrutiny,—Thirty-fourth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 42-xxxiv] [Mr Jimmy Hood].
7 Human Rights,—Twenty-second Report from the Joint Committee on Human Rights [The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004]; together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 1212] [Jean Corston].
8 Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [PFI: The STEPS Deal]; to be printed [No. 1211-i] [Mr Edward Leigh].
9 Science and Technology,—(1) Tenth Special Report from the Science and Technology Committee [Government Response to the Committee's Eighth Report, Session 2003-04, The Work of the Council for the Central Laboratory of the Research Councils]; to be printed [No. 1199]; and
(2) Minutes of Evidence taken before the Committee [Human reproductive technologies and the law]; to be printed [No. 599-viii];
10 Transport,—(1) Fourth Special Report from the Transport Committee [Government, Health and Safety Executive and Commission, and Office of the Rail Regulator Responses to the Seventh Report from the Committee, on Future of the Railway]; to be printed [No. 1209]; and
(2) Minutes of Evidence taken before the Committee, together with Appendices [Galileo]; to be printed [No. 1210-II]
11 Treasury,—Minutes of Evidence taken before the Sub-Committee of the Treasury Committee [Office for National Statistics: Annual Report and Accounts 2003-04]; to be printed [No. 1203-i] [Mr John McFall].
12 Welsh Affairs,—Minutes of Evidence taken before the Welsh Affairs Committee [Police Service, Crime and Anti-Social Behaviour in Wales; Manufacturing and Trade in Wales]; to be printed [Nos. 1182-ii and No. 323-xi] [Mr Martyn Jones].
[W.H., No. 93]
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.—(Margaret Moran.)
And accordingly the sitting was adjourned till to-morrow.
[Adjourned at 4.39 p.m.
Sir Alan Haselhurst
Deputy Speaker
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