Votes and Proceedings

House of Commons

Session 2004 - 05
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House of Commons Votes and Proceedings
Monday 24th January 2005

The House met at half-past Two o'clock.
PRAYERS.
1    Serious Organised Crime and Police Bill,—Dame Marion Roe reported from Standing Committee D, That it had gone through the Serious Organised Crime and Police Bill, and made Amendments thereunto, and had amended the Title as follows:
A Bill to provide for the establishment and functions of the Serious Organised Crime Agency; to make provision about investigations, prosecutions, offenders and witnesses in criminal proceedings and the protection of persons involved in investigations or proceedings; to provide for the implementation of certain international obligations relating to criminal matters; to amend the Proceeds of Crime Act 2002; to make further provision for combatting crime and disorder, including new provision about powers of arrest and search warrants and about parental compensation orders; to make further provision about the police and policing and persons supporting the police; to make provision about criminal records; to provide for the Private Security Industry Act 2001 to extend to Scotland; and for connected purposes. Bill, as amended in the Standing Committee, to be considered to-morrow; and to be printed [Bill 44]. Minutes of Proceedings of the Committee to lie upon the Table.
2    First Standing Committee on Delegated Legislation,—Mr Nigel Beard reported from the First Standing Committee on Delegated Legislation the draft Parliamentary Constituencies (Scotland) Order 2005.
Minutes of Proceedings of the Committee to lie upon the Table.
3    European Standing Committee B,—Mr Martin Caton reported from European Standing Committee B the following Resolution:
That the Committee takes note of European Union Document No. 10678/04 and Addendum 1, a draft Directive to protect workers from the effects of optical radiation; and supports the Government's position that the proposed Directive is broadly acceptable and that the Government will work with Member States to secure a Directive that achieves adequate worker protection with minimal burdens on business. Resolution to lie upon the Table. Minutes of Proceedings of the Committee to lie upon the Table.
4    Northern Ireland Grand Committee,—Ordered, That the Minutes of the Proceedings of the Northern Ireland Grand Committee on 20th January do lie upon the Table.

5    Health and Safety (Directors' Duties) Bill,—Ordered, That the Explanatory Notes relating to the Health and Safety (Directors' Duties) Bill be printed [Bill 22-EN].

6    Gambling Bill (Programme) (No. 2),—Ordered, That the Order of 1st November 2004 be varied by the substitution for paragraphs 4 and 5 of the following:
1. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption. 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.
Proceedings
Time for conclusion of proceedings

Amendments relating to Clauses Nos. 7, 68, 85, 88, 161, 162 and 179; New Clauses NC7 and NC11; Amendments relating to Clauses Nos. 83, 89, 266 and 272.
Two hours after the commencement of proceedings on the Motion for this Order.

Amendments relating to Clause No. 58; Remaining proceedings on consideration
One hour before the moment of interruption.
3. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption.—(Mr Richard Caborn.)
7    Gambling Bill,—The House, according to Order, proceeded to consider the Gambling Bill, as amended in the Standing Committee.
Amendment (No. 102) proposed to the Bill, in page 4, line 2, at the end, to insert the words— '(2A) In this Act "casino premises" means premises in respect of which a casino premises licence has been granted under section 146(1)(a).'.—(Mr Don Foster.) Question, That the Amendment be made, put and negatived. It being two hours after the commencement of proceedings on the Motion for the Order relating to Gambling Bill (Programme) (No. 2), the Deputy Speaker, pursuant to Order [this day], put the Question on an Amendment selected for separate decision. Another Amendment (No. 116) proposed to the Bill, in page 73, line 29, at the end, to insert the words— '(4) Each casino premises licence shall by virtue of this subsection be subject to the mandatory conditions that the licensee—
(a) shall not operate gaming tables or gaming machines of Categories A or B outside a designated gaming area prescribed in relation to the relevant casino premises under section 147.

(b) shall not permit any person other than the licensee or a person employed by the licensee to perform any function within the casino to enter a designated gaming area whilst the same is being used in reliance of the casino premises licence without the production at the entrance thereto of satisfactory evidence of identity; and

(c) shall maintain a condition of door supervision in respect of the designated gaming area at all times whilst the same is being used in reliance of the casino premises licence; and
(5) Regulations under this section may, in particular, add or exclude gaming machines of a particular category or categories from gaming machines which are the subject of subsection (4) of this section provided that such regulations shall not permit gaming machines of Category A to be so excluded. (6) In subsection (4) "satisfactory evidence of identity" means evidence which is reasonably capable of establishing (and does in fact establish to the satisfaction of the person who obtains it) (a) the name, address and a photographic likeness of the person producing the evidence, (b) establishing that such person is over the age of 18 years on each occasion that satisfactory evidence of identity is required to be produced under this Act (including the proffering on a second or subsequent occasion of entry of a card or token issued to them by the licensee of the casino premises) for the purpose of verifying the identity of such person by reference to a photographic image. (7) For the purposes of subsection (6) a photographic image may be an image stored (a) visually or electronically upon the card or (b) upon a system maintained by the licensee of the premises for such a purpose.'.—(Mr Don Foster.) Question put, That the Amendment be made. The House divided.
Tellers for the Ayes, Mr David Ruffley, Bob Russell: 148.

Tellers for the Noes, Gillian Merron, Jim Fitzpatrick: 235.
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. 2, 8, 13, 9 to 11, 21 to 27 and 40) made to the Bill. Another Amendment (No. 110) proposed to the Bill, in page 24, line 34, to leave out Clause No. 58.—(Mr John Whittingdale.) Question put, That the Amendment be made. The House divided.
Tellers for the Ayes, Mr Crispin Blunt, Mr David Ruffley: 139.

Tellers for the Noes, Mr John Heppell, James Purnell: 211.
A Clause (NC1) (Prize gaming permit)—(Mr Richard Caborn)—brought up, read the first and second time, and added to the Bill. Another Clause (NC2) (Delegation of functions under Part 8: Scotland)—(Mr Richard Caborn)—brought up, read the first and second time, and added to the Bill. Another Clause (NC3) (Delegation of functions under Part 9: Scotland)—(Mr Richard Caborn)—brought up, read the first and second time, and added to the Bill. Another Clause (NC4) (Permits: special provision for Scotland)—(Mr Richard Caborn)—brought up, read the first and second time, and added to the Bill. Another Clause (NC5) (Operating and personal licences: appeals: enforcement)—(Mr Richard Caborn)—brought up, read the first and second time, and added to the Bill. Another Clause (NC6) (Operating licences: Rules for particular kinds of licence: betting on the National Lottery)—(Mr Richard Caborn)—brought up, read the first and second time, and added to the Bill. Another Clause (NC8) (Days on which gaming and gambling shall not take place)—(Mr Win Griffiths)—brought up, and read the first time. Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn. Another Clause (NC10) (Gaming machine permit held by on-premises alcohol licence holders)—(Mr Don Foster)—brought up, and read the first time. Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn. It being Nine o'clock, the Deputy Speaker put the Questions on Amendments selected for separate decision. Another Amendment (No. 143) proposed to the Bill, in page 77, line 2, to leave out the word 'eight' and insert the word 'four', instead thereof.—(Mr John Whittingdale.) Question put, That the Amendment be made. The House divided.
Tellers for the Ayes, Mr David Ruffley, Mr Crispin Blunt: 131.

Tellers for the Noes, Mr Nick Ainger, Paul Clark: 271.
Another Amendment (No. 142) proposed to the Bill, in page 77, line 7, at the end, to insert the words— '"(3A) In calculating for the purpose of subsection (1) the number of casino premises licences which have effect at any time, no account shall be taken of any established casino but—
(a) an established casino which meets the requirements of regulations made under section 7(5) as to the classification of large casinos shall for the purposes of section 167 be treated as if it is a large casino;

(b) an established casino which meets the requirements of regulations made under section 7(5) as to the classification of small casinos shall for the purposes of section 167 be treated as if it is a small casino; and

(c) an established casino which is below the minimum size for a licensed casino shall for the purposes of section 167 be treated as if it is a small casino.
(3B) In this section 'established casino' means any casino premises which are in use for the operation of a casino under the Gaming Act 1968 when this part of this Act comes into force.".'.—(Mr Malcolm Moss.) Question put, That the Amendment be made. The House divided.
Tellers for the Ayes, Mr David Ruffley, Mr Crispin Blunt: 152.

Tellers for the Noes, Mr Nick Ainger, Paul Clark: 249.
Another Amendment (No. 109) proposed to the Bill, in page 105, line 19, at the end, to insert the words 'provided that regulations shall not reduce the level of stakes and prizes from those already in existence at the date of Royal Assent to this Act.'.—(Mr Don Foster.) Question put, That the Amendment be made. The House divided.
Tellers for the Ayes, Mr Crispin Blunt, Mr Roger Williams: 163.

Tellers for the Noes, Mr Nick Ainger, Paul Clark: 240.
The Deputy Speaker then put the Question on the remaining Amendments moved by a Minister of the Crown. Other Amendments (Nos. 60, 3 to 7, 49, 87, 50, 88, 51 to 55, 12, 47, 14 to 18, 89 to 91, 19, 20, 46, 36 to 38, 61, 39, 62, 63, 41, 64, 42, 65 to 68, 43, 69, 44, 28, 92, 29, 45, 56, 57, 30, 70, 58, 59, 31 to 33, 71 to 74, 34, 75 to 85, 35 and 86) made to the Bill. A Motion being made, That the Bill be now read the third time; Secretary Tessa Jowell, 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. Secretary Tessa Jowell, 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; The House divided.
Tellers for the Ayes, Mr Nick Ainger, Paul Clark: 236.

Tellers for the Noes, Mr Kelvin Hopkins, Mr Harry Barnes: 38.
So the Question was agreed to. The Bill was accordingly read the third time, and passed.
8    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 (Variation of Limits of Candidates' Election Expenses) (City of London) Order 2005, which was laid before this House on 9th December, be approved—(Joan Ryan):—It was agreed to.

9    Value Added Tax,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Value Added Tax (Food) Order 2004 (S.I., 2004, No. 3343), dated 16th December 2004, a copy of which was laid before this House on 16th December, be approved—(Joan Ryan):—It was agreed to.

10    Land Drainage,—Ordered, That the Southern Regional Flood Defence Committee Order 2004 (S.I., 2004, No. 3165), dated 30th November 2004, be referred to a Standing Committee on Delegated Legislation.—(Joan Ryan.)

11    Business of the House,—Ordered, That, at the sitting on Wednesday 26th January, the Speaker shall put the Questions necessary to dispose of proceedings on the Motions in the name of Mr Peter Hain relating to sitting hours, connecting Parliament with the public, and car mileage allowance not later than three hours after the commencement of proceedings on the first Motion; such Questions shall include the Questions on any Amendments selected by the Speaker which may then be moved, except that the Speaker shall put a single Question on any Amendments which are consequential on an Amendment to which the House has already agreed; proceedings may continue after the moment of interruption; and Standing Order No. 41A (Deferred divisions) shall not apply.—(Joan Ryan.)

12    Education and Skills,—Ordered, That Mr Robert Jackson be discharged from the Education and Skills Committee and Mr John Greenway be added.—(Mr John McWilliam, on behalf of the Committee of Selection.)

13    Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—Ordered, That Mrs Eleanor Laing be discharged from the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee and Mr Richard Page be added.—(Mr John McWilliam, on behalf of the Committee of Selection.)

14    Adjournment,—Resolved, That this House do now adjourn.—(Joan Ryan.)
And accordingly, the House, having continued to sit till twenty-nine minutes to Eleven o'clock, adjourned till to-morrow. [Adjourned at 10.31 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 21st January 2005 pursuant to Standing Order No. 158 (Presentation of command papers):

1    Mexico (No. 1, 2005),—Treaty, done at Mexico City on 5th November 2004, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United Mexican States on the Enforcement of Criminal Sentences, with an Explanatory Memorandum [Cm. 6453] [Mr Secretary Straw].

Papers delivered to the Votes and Proceedings Office on Friday 21st January 2005 pursuant to Standing Order No. 159 (Presentation of statutory instruments):

Papers subject to Negative Resolution:

2    Education,—Education (School Performance Information) (England) (Amendment) Regulations 2005 (S.I., 2005, No. 51), dated 13th January 2005, with an Explanatory Memorandum [Secretary Ruth Kelly].

3    Taxes,—(1) Finance Act 2003, Section 66 (Prescribed Persons) Order 2005 (S.I., 2005, No. 83); and
(2) Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2005 (S.I., 2005, No. 82),
dated 20th January 2005, with Explanatory Memoranda thereon [Mr Stephen Timms].

Papers presented or laid upon the Table on Monday 24th January 2005:

Papers subject to Affirmative Resolution:

4    Northern Ireland,—Draft Insolvency (Northern Ireland) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy].

5    Regulatory Reform,—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].

Papers subject to Negative Resolution:

6    Education,—Education (School Attendance Targets) (England) Regulations 2005 (S.I., 2005, No. 58), dated 17th January 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Ruth Kelly].

7    Salaries,—Salaries (Comptroller and Auditor General) Order (Northern Ireland) 2005 (S.R. (N.I.), 2005, No. 11), dated 9th January 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy].

Other Papers:

8    Government Resources and Accounts,—Resource Accounts of the Crown Estate for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 226] [Mr Stephen Timms].

9    National Audit,—Reports by the Comptroller and Auditor General on—
(1) Accommodation Services for the Department for Work and Pensions: Transfer of property to the private sector under the expansion of the PRIME Contract; (2) Home Office: Reducing Vehicle Crime; (3) Northern Ireland Policing Board: Best Value Performance Plan for 2004-05; and (4) UK Sport: Supporting elite athletes
[by Act]; to be printed [Nos. 181, 183, 248 and 182] [Clerk of the House].

10    Office of the Deputy Prime Minister,—Paper, entitled Sustainable Communities: Homes for All—A Five Year Plan from the Office of the Deputy Prime Minister [by Command] [Cm. 6424] [Mr Secretary Prescott].

11    Public Petitions,—Observations by the Secretary of State for Wales on the Petition [14th December] from residents of Crown Rise, Maesteg, South Wales, for a meeting regarding the safety of the culvert alongside Crown Rise [by Standing Order]; to be printed [Clerk of the House].

12    School Standards and Framework,—Accounts of Dudley Education Action Zone for the period 1st April 2004 to 30th November 2004, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 265] [Clerk of the House].

Papers withdrawn:

13    Public Petitions,—Observations by the Secretary of State for Transport on the Petition [15th December] from constituents of Rochdale and others for consideration of the implications of the proposed cancellation of the Manchester Metrolink extension [laid 10th January].

APPENDIX II

Standing Committees

1    Drugs Bill,—The Committee of Selection has discharged Mr Nigel Evans from Standing Committee F (nominated in respect of the Bill); and nominated in substitution Mr Henry Bellingham.

2    Draft Parliamentary Constituencies (Scotland) Order 2005,—The Committee of Selection has discharged Mr Clive Efford from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Jim Dowd.

APPENDIX III

Reports from Select Committees

1    Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [Every Child Matters]; to be printed [No. 40-v] [Mr Barry Sheerman].

2    Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [Tax Credits, Stamp Duty Land Tax and Deleted Tax Cases]; to be printed [No. 269-i] [Mr Edward Leigh].