Votes and Proceedings

House of Commons

Session 2004 - 05
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House of Commons Votes and Proceedings
Monday 8th November 2004

The House met at half-past Two o'clock.
PRAYERS.
1    First Standing Committee on Delegated Legislation,—Mr Kevin Hughes reported from the First Standing Committee on Delegated Legislation the draft Companies Act 1985 (International Accounting Standards and Other Accounting Amendments) Regulations 2004.
Minutes of Proceedings of the Committee to lie upon the Table.
2    Second Standing Committee on Delegated Legislation,—Mr Nigel Beard reported from the Second Standing Committee on Delegated Legislation the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 (S.I., 2004, No. 1910).
Minutes of Proceedings of the Committee to lie upon the Table.
3    Third Standing Committee on Delegated Legislation,—Sir John Butterfill reported from the Third Standing Committee on Delegated Legislation the draft Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Consequential Provisions) Order 2004.
Minutes of Proceedings of the Committee to lie upon the Table.
4    European Standing Committee B,—Miss Anne Begg reported from European Standing Committee B the following Resolution:
That the Committee takes note of European Union Document No. 11545/04 and Addenda 1-3, draft Directive re-casting Directive 2000/12/EC relating to the taking up and pursuit of the business of credit institutions and Council Directive 93/6/EEC on the capital adequacy of investment firms and credit institutions; and notes that the Government, whilst supportive of the aims of the proposals, is seeking to amend them to ensure they fit with the realities of the EU market and, in particular, the circumstances of smaller banks, building societies and investment firms. Report, together with Resolution, to lie upon the Table.
5    Message from the Lords,—A Message was brought from the Lords, as follows:
The Lords have agreed to the Highways (Obstruction by Body Corporate) Bill without Amendment.
6    Housing Bill (Programme) (No. 3),—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 Housing Bill for the purpose of supplementing the Order of 12th January 2004:

Consideration of Lords Amendments
1. Proceedings on consideration of Lords Amendments shall be completed at this day's sitting. 2. Those proceedings shall be taken in the order shown in the first column of the following Table, and each part of those proceedings shall (so far as not previously concluded) be brought to a conclusion at the time shown in the second column.
Lords Amendments
Time for conclusion of proceedings

Amendments Nos. 191 and 128
Two hours after the commencement of proceedings on consideration of Lords Amendments.

Amendment No. 140
Two hours and 45 minutes after the commencement of those proceedings.

Amendment No. 190
Three hours and 45 minutes after the commencement of those proceedings.

Amendments Nos. 1 to 127, 129 to 139, 141 to 189 and 192 to 284
Four hours after the commencement of those proceedings or 10 pm (whichever is the later).

Subsequent stages
3. Any further Message from the Lords may be considered forthwith without any Question being 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—(Keith Hill); The House divided.
Tellers for the Ayes, Margaret Moran, Mr Nick Ainger: 291.

Tellers for the Noes, Mr Crispin Blunt, Mr David Ruffley: 165.
So the Question was agreed to.
7    Housing Bill,—The House, according to Order, proceeded to consider the Lords Amendments to the Housing Bill.
Lords Amendment No. 191. A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Keith Hill); The House divided.
Tellers for the Ayes, Margaret Moran, Mr Nick Ainger: 259.

Tellers for the Noes, Mr Crispin Blunt, Mr David Ruffley: 186.
So the Question was agreed to. The Lords Amendment was accordingly disagreed to. Lords Amendment No. 128. A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Keith Hill);
The House divided.

Tellers for the Ayes, Mr Vernon Coaker, Gillian Merron: 292.

Tellers for the Noes, Mr Crispin Blunt, Mr David Ruffley: 148.

So the Question was agreed to.

The Lords Amendment was accordingly disagreed to.

Lords Amendment No. 140 was disagreed to.

Amendments ((a), (b), (c) and (d)) were made to the Bill, in lieu of Lords Amendment No. 140 disagreed to.

Lords Amendment No. 190.

A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Keith Hill);

The House divided.

Tellers for the Ayes, Gillian Merron, Mr Vernon Coaker: 265.

Tellers for the Noes, Mr David Wilshire, Mr Crispin Blunt: 156.

So the Question was agreed to.

The Lords Amendment was accordingly disagreed to.

Lords Amendments Nos. 1 to 54 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 35, 36, 51 and 52.

Lords Amendment No. 55.

An Amendment ((a)) was made to the Lords Amendment.

The Lords Amendment, as amended, was agreed to.

Lords Amendments Nos. 56 to 100 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendment No. 88.

Lords Amendment No. 101.

An Amendment ((a)) was made to the Lords Amendment.

The Lords Amendment, as amended, was agreed to, the Commons being willing to waive their privileges.

Lords Amendment No. 102.

An Amendment ((a)) was made to the Lords Amendment.

The Lords Amendment, as amended, was agreed to.

Lords Amendments Nos. 103 and 104 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendment No. 103.

Lords Amendment No. 105.

An Amendment ((a)) was made to the Lords Amendment.

The Lords Amendment, as amended, was agreed to, the Commons being willing to waive their privileges.

Lords Amendments Nos. 106 to 127 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendment No. 107.

Lords Amendment No. 129 was agreed to.

Lords Amendment No. 130 was disagreed to.

And it being Ten o'clock, the Speaker, pursuant to Order [this day], put the Questions to be disposed of at that hour.

Lords Amendment No. 259.

Amendments ((a) to (g)) were made to the Lords Amendment.

The Lords Amendment, as amended, was agreed to.

Lords Amendments Nos. 135, 137, 143 and 144 were disagreed to.

Lords Amendments Nos. 131 to 134, 136, 138 and 139, 141 and 142, 145 to 189, 192 to 258 and 260 to 284 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 186, 192 and 202.

A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June (Programming of Bills)], That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their Amendments Nos. 128, 130, 135, 137, 143, 144, 190 and 191;

That Paul Clark, Matthew Green, Mr John Hayes, Keith Hill and Mr Terry Rooney be members of the Committee;

That Keith Hill be the Chairman of the Committee;

That three be the Quorum of the Committee;

That the Committee do withdraw immediately—(Paul Clark):—It was agreed to.

8    Sea Fisheries,—A Motion was made, and the Question being put forthwith pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Fishing Boats (Satellite-Tracking Devices) (England) Scheme 2004 (S.I., 2004, No. 2467), dated 14th September 2004, a copy of which was laid before this House on 21st September, be approved—(Margaret Moran):—It was agreed to.

9    Constitutional Law,—A Motion was made, and the Question being put forthwith pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 2004, which was laid before this House on 9th September, be approved—(Margaret Moran):—It was agreed to.

10    Constitutional Law,—A Motion was made, and the Question being put forthwith pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Scotland Act 1998 (Modifications of Schedule 5) Order 2004, which was laid before this House on 9th September, be approved—(Margaret Moran):—It was agreed to.

11    Constitutional Law,—A Motion was made, and the Question being put forthwith pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Freedom of Information (Scotland) Act 2002 (Consequential Modifications) Order 2004, which was laid before this House on 12th October, be approved—(Margaret Moran):—It was agreed to.

12    Constitutional Law,—A Motion was made, and the Question being put forthwith pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft National Assembly for Wales (Transfer of Functions) Order 2004, which was laid before this House on 11th October, be approved—(Margaret Moran):—It was agreed to.

13    Sittings of the House,—Ordered, That—

(1) at the sittings on Monday 15th, Tuesday 16th, Wednesday 17th and Thursday 18th November, the Speaker shall not adjourn the House until any Message from the Lords has been received and any Committee to draw up Reasons which has been appointed at that sitting has reported; and

(2) at the sitting on Thursday 18th November, the Speaker shall not adjourn the House until a Message has been received from the Lords Commissioners.—(Margaret Moran.)

14    International Development,—Ordered, That Mr Andrew Robathan be discharged from the International Development Committee and Mr John Bercow be added.—(Mr John McWilliam, on behalf of the Committee of Selection.)

15    Procedure,—Ordered, That Mr Peter Atkinson be discharged from the Procedure Committee and Mr John Bercow be added.—(Mr John McWilliam, on behalf of the Committee of Selection.)

16    Housing Bill,—Keith Hill reported from the Committee appointed to draw up Reasons to be assigned to the Lords for disagreeing to certain of their Amendments to the Housing Bill, That it had drawn up the following Reasons, which it had directed him to report to the House:

The Commons disagree to Lords Amendments Nos. 128, 130, 135, 137, 143 and 144 for the following Reason:

Because a voluntary scheme for home information packs will be ineffective.

The Commons disagree to Lords Amendment No. 190 for the following Reason:

Because it involves a charge on public funds, and the Commons do not offer any further Reason, trusting that this Reason may be deemed sufficient.

The Commons disagree to Lords Amendment No. 191 for the following Reason:

Because it involves a charge on public funds, and the Commons do not offer any further Reason, trusting that this Reason may be deemed sufficient.

The Reasons were agreed to.

Message to the Lords to communicate the said Reasons, with the Bill and Amendments.

17    Adjournment,—Resolved, That this House do now adjourn.—(Gillian Merron.)
And accordingly, the House, having continued to sit till twenty-four minutes to Eleven o'clock, adjourned till to-morrow. [Adjourned at 10.36 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 delivered to the Votes and Proceedings Office on Friday 5th November 2004 pursuant to Standing Order No. 159 (Presentation of statutory instruments):

Papers subject to Negative Resolution:

1    Animals,—Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 (S.I., 2004, No. 2886), dated 3rd November 2004, with an Explanatory Memorandum [Secretary Margaret Beckett].

2    Education,—New Relationship with Schools (Governors' Annual Report) (No. 2) Order 2004 (S.I., 2004, No. 2810), dated 28th October 2004, with an Explanatory Memorandum [Mr Secretary Clarke].

3    Food,—Food Labelling (Amendment) (England) (No. 2) Regulations 2004 (S.I., 2004, No. 2824), dated 20th October 2004 [Mr Secretary Reid].

4    Merchant Shipping,—(1) Merchant Shipping (Passenger Ships on Domestic Voyages) (Amendment) (No. 2) Regulations 2004 (S.I., 2004, No. 2883); and

(2) Merchant Shipping (Ro-Ro Passenger Ships) (Stability) Regulations 2004 (S.I., 2004, No. 2884),

dated 1st November 2004, with Explanatory Memoranda thereon [Mr Secretary Darling].

Papers presented or laid upon the Table on Monday 8th November 2004:

Papers subject to Affirmative Resolution:

5    Road Traffic,—Draft Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

Other Papers:

6    Chelsea Hospital,—Account of the Royal Hospital Chelsea for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1244] [Clerk of the House].

7    Government Resources and Accounts,—Resource Accounts of the Department for Constitutional Affairs for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1220] [Mr Stephen Timms].

8    National Audit,—Reports by the Comptroller and Auditor General on—

(1) Ministry of Defence: Major Projects Report 2004 with Project Summary Sheets; and

(2) VisitBritain: Bringing visitors to Britain

[by Act]; to be printed [Nos. 1159-I and -II, and 1160] [Clerk of the House].

9    School Standards and Framework,—Accounts of—

(1) Derby North East Education Action Zone;

(2) Hackney Education Action Zone; and

(3) Wythenshawe Education Action Zone

for 2003-04, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 1175, 1242 and 1243] [Clerk of the House].

APPENDIX II

Standing Committees
Draft Companies Act 1985 (International Accounting Standards and Other Accounting Amendments) Regulations 2004),—The Committee of Selection has discharged Mr Andrew Love from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations) and nominated in substitution Ian Stewart.
APPENDIX III

Reports from Select Committees

1    Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [UK eUniversity]; to be printed [No. 755-iii] [Mr Barry Sheerman].

2    Public Accounts,—(1) Fifty-first Report from the Committee on Public Accounts [Success in the regions]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 592];

(2) Fifty-second Report from the Committee [Health and Safety Executive: Improving health and safety in the construction industry]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 627]; and

(3) Minutes of Evidence taken before the Committee [Managing risks to improve public services]; to be printed [No. 1245-i]

[Mr Edward Leigh].



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