Votes and Proceedings

House of Commons

Session 2004 - 05
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House of Commons Votes and Proceedings
Monday 17th January 2005

The House met at half-past Two o'clock.
PRAYERS.
1    First Standing Committee on Delegated Legislation,—Mrs Irene Adams reported from the First Standing Committee on Delegated Legislation the Motion in respect of the Electoral Commission in the name of Mr Peter Hain.

Minutes of Proceedings of the Committee to lie upon the Table.

2    Second Standing Committee on Delegated Legislation,—Janet Anderson reported from the Second Standing Committee on Delegated Legislation the draft Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005.

Minutes of Proceedings of the Committee to lie upon the Table.

3    Crown Employment (Nationality) Bill,—Mr Andrew Dismore, supported by Ms Karen Buck, Mr Iain Coleman, Mr Andrew Love, Tony Wright, Sir Sydney Chapman, Linda Perham, John Austin, Annette Brooke, Keith Vaz, and Mr Stephen Pound, presented a Bill to make provision for and in connection with the removal of general restrictions as to nationality which apply to persons employed or holding office in any civil capacity under the Crown; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 13th May and to be printed [Bill 40].

Ordered, That the Explanatory Notes relating to the Crown Employment (Nationality) Bill be printed [Bill 40-EN].

4    Constitutional Reform Bill [Lords],—The Order of the day being read, for the Second Reading of the Constitutional Reform Bill [Lords];

And a Motion being made, That the Bill be now read a second time;

Estelle Morris acquainted the House, That she had it in command from the Queen to acquaint the House that Her Majesty, having been informed of the purport of the Bill, has consented to place Her prerogative and interest, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill.

And the Question being proposed;

An Amendment was proposed to the Question, to leave out from the word 'That' to the end of the Question and add the words 'this House declines to give the Constitutional Reform Bill a second reading because it creates a costly and unnecessary Supreme Court exercising the same functions as the current Law Lords; is based on the false premise that the separation of powers between the judiciary and legislature requires the physical removal of the Law Lords from Parliament; fails to demonstrate how the proposed Supreme Court would exercise its functions with any greater degree of impartiality, independence and integrity than the Appellate Committee of the House of Lords; will deny Parliament the experience and expertise that the Law Lords bring to debates and legislation; and notwithstanding the benefits of a Judicial Appointments Commission, offers no convincing justification for replacing a system that works well.', instead thereof.—(Mr Dominic Grieve.)

And the Question being put, That the Amendment be made;

The House divided.

Tellers for the Ayes, Mr Crispin Blunt, Mr David Ruffley: 126.

Tellers for the Noes, Gillian Merron, Mr John Heppell: 329.

So the Question was negatived.

And the Main Question being put forthwith, pursuant to Standing Order No. 62 (Amendment on second or third reading):—It was agreed to.

The Bill was accordingly read a second time.

5    Constitutional Reform Bill [Lords] (Programme),—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 83A (Programme motions), That the following provisions shall apply to the Constitutional Reform Bill [Lords]:

Committal

1. The following shall be committed to a Committee of the whole House—

(a) Clauses Nos. 1 to 7, 20, 21, 37, 94, 95 and 105 to 109;

(b) Schedule No. 8;

(c) any new Clauses amending section 12 of the Justice (Northern Ireland) Act 2002;

(d) any new Clauses relating to matters connected with the Supreme Court of the United Kingdom as reserved or excepted matters under the Northern Ireland Act 1998.

2. The remainder of the Bill shall be committed to a Standing Committee.

Proceedings in Committee

3. (1) Proceedings in Committee of the whole House shall be completed in two days.

(2) Those proceedings shall be taken on each of those days as shown in the following table and shall be taken in the order shown there.

(3) Proceedings on each of those days shall (so far as not previously concluded) be brought to a conclusion at the time specified in the second column of the Table.

(4) Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House.

Proceedings
Time for conclusion of proceedings

First day

Clauses Nos. 1, 4, 6 and 7
Three hours after the commencement of proceedings on the Bill

Clause No. 5, any new Clauses amending section 12 of the Justice (Northern Ireland) Act 2002, Clauses Nos. 2 and 3
The moment of interruption or three hours after the commencement of proceedings on Clause No. 5, whichever is the later

Second day

Clauses Nos. 20 and 21, any new Clauses relating to matters connected with the Supreme Court of the United Kingdom as reserved or excepted matters under the Northern Ireland Act 1998, Clause No. 37, Schedule No. 8, Clause No. 109
Three hours after the commencement of proceedings on the Bill

Clauses Nos. 105 to 108, 94 and 95
The moment of interruption or three hours after the commencement of proceedings on Clause No. 105, whichever is the later

4. (1) Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 24th February 2005.

(2) The Standing Committee shall have leave to sit twice on the first day on which it meets.

5. When the provisions of the Bill considered, respectively, by the Committee of the whole House and by the Standing Committee have been reported to the House, the Bill shall be proceeded with as if it had been reported as a whole to the House from the Standing Committee.

Consideration and Third Reading

6. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

7. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

8. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

9. Any other proceedings on the Bill (including any proceedings on consideration of any Message from the Lords) may be programmed—(Mr Tom Watson);

The House divided.

Tellers for the Ayes, Gillian Merron, Mr John Heppell: 297.

Tellers for the Noes, Mr David Ruffley, Mr Crispin Blunt: 161.

So the Question was agreed to.

6    Constitutional Reform Bill [Lords] [Money],—Her Majesty's Recommendation having been signified to the proposed Motion relating to Constitutional Reform Bill [Lords] [Money];

A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That for the purposes of any Act resulting from the Constitutional Reform Bill [Lords], it is expedient to authorise—

(1) the payment out of money provided by Parliament of—

(a) any expenses of a Minister of the Crown in connection with the Act;

(b) any increase attributable to the Act in sums payable out of money provided by Parliament under any other enactment;

(2) the payment out of the Consolidated Fund of—

(a) salaries of judges of the Supreme Court of the United Kingdom;

(b) any increase attributable to the Act in sums payable out of that Fund under any other enactment—(Mr Tom Watson):—It was agreed to.

7    Constitutional Reform Bill [Lords] [Ways and Means],—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That for the purposes of any Act resulting from the Constitutional Reform Bill [Lords], it is expedient to authorise the levying of fees prescribed under the Act in respect of anything dealt with by the Supreme Court of the United Kingdom—(Mr Tom Watson):—It was agreed to.

8    Humane Trapping Standards,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 119 (European Standing Committees), That this House takes note of European Union Document No.12200/04, draft Directive on introducing humane trapping standards for certain animal species; and supports the Government's view that the humane trapping standards should be implemented and adopted in the United Kingdom—(Mr Tom Watson):—It was agreed to.

9    Adjournment,—Resolved, That this House do now adjourn.—(Mr Tom Watson.)

And accordingly, the House, having continued to sit till four minutes to Eleven o'clock, adjourned till to-morrow.
[Adjourned at 10.56 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 14th January 2005 pursuant to Standing Order No. 159 (Presentation of statutory instruments):

Papers subject to Negative Resolution:

1    Education,—Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) (Amendment) Regulations 2005 (S.I., 2005, No. 2), dated 6th January 2005, with an Explanatory Memorandum [Secretary Ruth Kelly].

2    Extradition,—Extradition Act 2003 (Parties to International Conventions) Order 2005 (S.I., 2005, No. 46), dated 13th January 2005, with an Explanatory Memorandum [Mr Secretary Clarke].

3    Immigration,—(1) Asylum Seekers (Reception Conditions) Regulations 2005 (S.I., 2005, No. 7); and

(2) Asylum Support (Amendment) Regulations 2005 (S.I., 2005, No. 11),

dated 10th January 2005, with Explanatory Memoranda [Mr Secretary Clarke].

4    Sea Fisheries,—South-west Territorial Waters (Prohibition of Pair Trawling) (Amendment) Order 2005 (S.I., 2005, No. 49), dated 13th January 2005, with an Explanatory Memorandum [Secretary Margaret Beckett].

Papers presented or laid upon the Table on Monday 17th January 2005:

Papers subject to Affirmative Resolution:

5    Regulatory Reform,—(1) Draft Regulatory Reform (Joint Nature Conservation Committee) Order 2005, with a Statement by the Department for Environment, Food and Rural Affairs [by Act] [Secretary Margaret Beckett]; and

(2) draft Regulatory Reform (Trading Stamps) Order 2005, with a Statement by the Department of Trade and Industry [by Act] [Ms Secretary Hewitt].

6    Security Industry,—Draft Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

Papers subject to Negative Resolution:

7    Education (Northern Ireland),—Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2005 (S.I., 2005, No. 5), dated 7th January 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Ruth Kelly].

8    Employment,—Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004 (S.R. (N.I.), 2004, No. 521), dated 21st December 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy].

9    Immigration,—Immigration (European Economic Area) (Amendment) Regulations 2005 (S.I., 2005, No. 47), dated 11th January 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].
10Social Security,—Social Security (Claims and Payments and Payments on account, Overpayments and Recovery) Amendment Regulations 2005 (S.I., 2005, No. 34), dated 11th January 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Johnson].
Other Papers:

11    Air Force (Constitution),—Amendment List 26 to Air Publication 1269A—The Royal Air Force Manual of Assessment of Medical Fitness (Third Edition) [by Act] [Mr Secretary Hoon].

12    Foreign and Commonwealth Office,—Foreign and Commonwealth Office Minute, dated 17th January 2005, concerning the gifting of body armour to Indonesia [by Command] [Mr Secretary Straw].

13    House of Commons Members Estimate,—First Report from the House of Commons Members Estimate Committee, together with the provisions of the Resolutions of this House relating to expenditure charged to the Estimate for House of Commons Members, as codified and modified pursuant to paragraph (3) of Standing Order No. 152D; to be printed [No. 240-I and -II] [The Speaker].

14    National Audit,—(1) Report by the Comptroller and Auditor General on Department of Health: Patient Choice at the Point of GP Referral [by Act]; to be printed [No. 180] [Clerk of the House]; and

(2) Twelfth Report of the Public Accounts Commission [by Act]; to be printed [No. 216] [Mr Alan Williams].

15    National Lottery,—Report of the Arts Council of Wales for 2003-04 [by Act] [Mr Peter Hain].

16    Public Petitions,—Observations by the Secretary of State for Work and Pensions on the Petition [14th December] from Anne Crabtree and other pensioners for the retention of the order book system for paying pensions [by Standing Order]; to be printed [Clerk of the House].

APPENDIX II

Standing Committees

1    Road Safety Bill (Programming Sub-Committee),—The Speaker has appointed Mr Christopher Chope, Mr David Heyes, Mr David Jamieson, Mr Khalid Mahmood, Gillian Merron, John Thurso and Mr David Wilshire members of the Programming Sub-Committee of Standing Committee A in respect of the Bill.

2    Clean Neighbourhoods and Environment Bill (Programming Sub-Committee),—The Speaker has appointed Iain Wright in place of Mr Neil Turner as a member of the Programming Sub-Committee of Standing Committee G in respect of the Bill.

3    Identity Cards Bill:

(1) The Speaker has appointed Janet Anderson as an additional Chairman of Standing Committee B in respect of the Bill; and

(2) The Committee of Selection has discharged Mr Alistair Carmichael from Standing Committee B (nominated in respect of the Bill); and nominated in substitution Mr Mark Oaten.

APPENDIX III

Reports from Select Committees

1    Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Sub-Committee on The Future for UK Fishing of the Environment, Food and Rural Affairs Committee [The Future for UK Fishing]; to be printed [No. 122-iv and -v] [Mr Michael Jack].

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 Urban Affairs Sub-Committee [The Role and Effectiveness of the Standards Board for England]; to be printed [No. 60-ii] [Chris Mole].

3    Public Accounts,—(1) Third Report from the Committee of Public Accounts [The BBC's investment in Freeview]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 237];

(2) Fourth Report from the Committee [Improving the speed and quality of asylum decisions]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 238]; and

(3) Minutes of Evidence taken before the Committee [English Partnerships: Regeneration of the Millennium Dome and Associated Land]; to be printed [No. 239-i]

[Mr Edward Leigh].

4    Treasury,—First Report from the Treasury Committee [The 2004 Pre-Budget Report], with Appendices to the Minutes of Evidence taken before the Committee; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 138] [Mr John McFall].

5    Welsh Affairs,—Minutes of Evidence taken before the Welsh Affairs Committee (enlarged by the Local Government and Public Services Committee, National Assembly for Wales) [Public Services Ombudsman (Wales) Bill [Lords]]; to be printed [No 234-i] [Mr Martyn Jones].

CORRIGENDUM
In the Votes and Proceedings for Thursday 13th January 2005, Appendix III, Item 5 should have read as follows: Welsh Affairs,—Memorandum laid before the Welsh Affairs Committee [Transcript of hearings held on 13th January by the Local Government and Public Services Committee, National Assembly for Wales enlarged by the Welsh Affairs Committee on the Public Services Ombudsman (Wales) Bill [Lords]] [Mr Martyn Jones].



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