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The House met at half-past Eleven o'clock.
PRAYERS.
1 London Local Authorities and Transport for London Bill,—A Bill to confer further powers upon local authorities in London and upon Transport for London; and for related purposes, was read the first time; and order to be read a second time.
2 Regulatory Reform,—Mr Peter Pike reported from the Regulatory Reform Committee the following Resolutions:
That the draft Regulatory Reform (Joint Nature Conservation Committee) Order 2005, which was laid before this House on 24th January, should be approved.
The Committee came to this Resolution without a Division.
That the draft Regulatory Reform (Prison Officers) (Industrial Action) Order 2005, which was laid before this House on 11th January, should be approved.
The Committee came to this Resolution without a Division.
That the draft Regulatory Reform (Trading Stamps) Order 2005, which was laid before this House on 17th January, should be approved.
The Committee came to this Resolution without a Division.
3 Second Standing Committee on Delegated Legislation,—Mrs Irene Adams reported from the Second Standing Committee on Delegated Legislation the draft Child Trust Funds (Amendment) Regulations 2005.
Minutes of Proceedings of the Committee to lie upon the Table.
4 European Union Bill,—Mr Secretary Straw, supported by the Prime Minister, Mr Secretary Prescott, Mr Chancellor of the Exchequer, Secretary Margaret Beckett, Mr Secretary Hoon, Ms Secretary Hewitt, Mr Secretary Clarke, Mr Peter Hain, the Solicitor General, Mr Denis MacShane and Mr Christopher Leslie, presented a Bill to make provision in connection with the Treaty signed at Rome on 29th October 2004 establishing a Constitution for Europe; and to require a referendum to be held about it: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 45].
Ordered, That the Explanatory Notes relating to the European Union Bill be printed [Bill 45-EN].
5 Cystic Fibrosis (Exemption from Prescription Charges) Bill,—Mr Archie Norman, supported by Bob Russell, presented a Bill to exempt persons with cystic fibrosis from charges for drugs, medicines, appliances and pharmaceutical services: And the same was read the first time; and ordered to be read a second time on Friday 8th April and to be printed [Bill 46].
6 Succession to the Crown and Retirement of the Sovereign,—A Motion was made, and the Question being proposed, That leave be given to bring in a Bill to provide for Sovereigns to be chosen by the House of Commons from among the immediate family of the preceding Sovereign; to provide that all Sovereigns so chosen shall cease to be Sovereign upon reaching the age of 75; to make consequential provision relating to Regencies, succession to the Duchies of Lancaster and Cornwall, and the private estates of the Crown; and for connected purposes—(Mr Jonathan Sayeed);
And the Motion being opposed, after a brief 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):—It was negatived.
7 Opposition Day (3rd allotted day),—It being an allotted day at the disposal of the Leader of the Opposition in pursuance of Standing Order No. 14 (Arrangement of public business), the House proceeded to consider Opposition business.
Implementation of the Licensing Act 2003,—A Motion was made, and the Question being proposed, That this House calls for a delay in the implementation of the Licensing Act 2003 in the light of concerns expressed by doctors, senior police officers and members of the judiciary that the Act will lead to increased health and policing problems; is concerned about the increase in violent crimes since 1998, half of which are attributed to alcohol misuse; recognises that drunken revellers are turning town and city centres into no go areas, thus putting an increasing burden on health and police resources, and predicts that the implementation of the Act will exacerbate these problems; is further concerned about increased alcohol consumption and believes that extended opening hours will have an adverse serious effect on health of the nation; and regrets that the Government has fundamentally failed to deal with the problem of binge drinking before proceeding with the implementation of the Licensing Act 2003—(David Davis);
An Amendment was proposed to the Question, in line 2, to leave out from the word 'House' to the end of the Question and add the words 'considers that failure to implement the Licensing Act 2003 without delay would deny the local community increased powers of intervention and improved democratic accountability with regard to licensing, deny the police the expanded powers that are vital to their efforts to tackle alcohol related crime and would prevent licensing authorities from receiving income from licensing fees needed to recover on going expenditure in preparing for the new regime; believes that any delay in the implementation of the Act would undermine the prevention of crime and disorder and public nuisance, damage public safety and hinder the protection of children from harm; further believes that the Act will complement the delivery of the Alcohol Harm Reduction Strategy for England which aims to reduce excessive drinking and the harms that causes; and, furthermore, commends the proposals for Alcohol Disorder Zones and the extension of fixed penalty notices and other measures set out in 'Drinking Responsibly', the consultation paper published jointly by the Home Office, the Department for Culture, Media and Sport and the Office of the Deputy Prime Minister on 21st January 2005.', instead thereof.—(Mr Secretary Clarke.)
And the Question being put, That the original words stand part of the Question;
Tellers for the Ayes, Mr Crispin Blunt, Andrew Selous: 174.
Tellers for the Noes, Paul Clark, Margaret Moran: 270.
So the Question was negatived.
And the Question, That the proposed words be there added, being put forthwith, pursuant to Standing Order No. 31 (Questions on amendments):—It was agreed to.
The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to.
Resolved, That this House considers that failure to implement the Licensing Act 2003 without delay would deny the local community increased powers of intervention and improved democratic accountability with regard to licensing, deny the police the expanded powers that are vital to their efforts to tackle alcohol related crime and would prevent licensing authorities from receiving income from licensing fees needed to recover on going expenditure in preparing for the new regime; believes that any delay in the implementation of the Act would undermine the prevention of crime and disorder and public nuisance, damage public safety and hinder the protection of children from harm; further believes that the Act will complement the delivery of the Alcohol Harm Reduction Strategy for England which aims to reduce excessive drinking and the harms that causes; and, furthermore, commends the proposals for Alcohol Disorder Zones and the extension of fixed penalty notices and other measures set out in 'Drinking Responsibly', the consultation paper published jointly by the Home Office, the Department for Culture, Media and Sport and the Office of the Deputy Prime Minister on 21st January 2005.
Food Supplements Directive,—A Motion was made, and the Question being proposed, That this House regrets the passing of the Food Supplements Regulations (England) 2003; mandates the Government to use the UK Presidency to renegotiate the Food Supplements Directive with the European Union; and indicates a willingness to repeal the regulations if the renegotiation does not reach a satisfactory compromise to protect the interests of consumers and manufacturers in the United Kingdom.—(Chris Grayling);
An Amendment was proposed to the Question, in line 2, to leave out from the word 'House' to the end of the Question and add the words 'congratulates the Government on successfully negotiating a final text of the Directive that works in the interests of UK consumers and industry by ensuring that products are safe, properly labelled, and can be freely traded across EU member states; notes that UK legislation gives maximum flexibility that ensures that as many products as possible can continue to be marketed after the Directive comes into effect on 1st August, and that all of the vitamins and most of the minerals currently on sale in the UK will still be available; agrees with the Government's assessment that re-opening discussion on the Directive at this point runs the risk of making its effects more restrictive and is thus against UK interests; and welcomes the Government's continued commitment to working with the industry on assessing the safety of individual food supplements, and to facilitating negotiations with the European Food Standards Agency.', instead thereof.—(Miss Melanie Johnson.)
And the Question being proposed, That the original words stand part of the Question;
Mr Patrick McLoughlin rose in his place and claimed to move, That the Question be now put.
And the Question being put, That the Question be now put:—It was agreed to.
And the Question being accordingly put;
Tellers for the Ayes, Andrew Selous, Mr Geoffrey Clifton-Brown: 189.
Tellers for the Noes, James Purnell, Mr Jim Murphy: 283.
So the Question was negatived.
And the Question, That the proposed words be there added, being put forthwith, pursuant to Standing Order No. 31 (Questions on amendments);
Tellers for the Ayes, Mr Jim Murphy, James Purnell: 279.
Tellers for the Noes, Andrew Selous, Mr Geoffrey Clifton-Brown: 172.
So the Question was agreed to.
The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to.
Resolved, That this House congratulates the Government on successfully negotiating a final text of the Directive that works in the interests of UK consumers and industry by ensuring that products are safe, properly labelled, and can be freely traded across EU member states; notes that UK legislation gives maximum flexibility that ensures that as many products as possible can continue to be marketed after the Directive comes into effect on 1st August, and that all of the vitamins and most of the minerals currently on sale in the UK will still be available; agrees with the Government's assessment that re-opening discussion on the Directive at this point runs the risk of making its effects more restrictive and is thus against UK interests; and welcomes the Government's continued commitment to working with the industry on assessing the safety of individual food supplements, and to facilitating negotiations with the European Food Standards Agency.
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 Parliamentary Constituencies (Scotland) Order 2005, which was laid before this House on 14th December, be approved—(Joan Ryan):—It was agreed to.
9 Protecting Workers from Risks Arising from Optical Radiation,—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. 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—(Joan Ryan):—It was agreed to.
10 Business of the House,—Ordered, That, at the sitting on Wednesday 2nd February 2005, notwithstanding the provisions of Standing Order No. 16 (Proceedings under an Act or on European Union documents), the Speaker shall put the Questions necessary to dispose of proceedings on the Motion in the name of Mr Secretary Clarke relating to Police Grant Report (England and Wales) not later than three hours after their commencement, and shall put the Questions necessary to dispose of proceedings on the Motions in the name of Mr Secretary Prescott relating to Local Government Finance (England) not later than six hours after the commencement of proceedings on the Motion relating to Police Grant Report (England and Wales); proceedings may continue after the moment of interruption; and Standing Order No. 41A (Deferred divisions) shall not apply.—(Joan Ryan.)
11 Public Petitions,—A Public Petition from the residents of High Wycombe, Marlow and the surrounding areas against the proposed closure of the current maternity special care baby unit, children's unit and other services provided at Wycombe General Hospital was presented and read; and ordered to lie upon the Table and to be printed.
12 Adjournment,—Resolved, That this House do now adjourn.—(Joan Ryan.)
And accordingly, the House, having continued to sit till one minute to Eight o'clock, adjourned till to-morrow.
[Adjourned at 7.59 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 Constitutional Law,—(1) Draft Adults with Incapacity (Scotland) Act 2000 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2005;
(2) draft Education (Additional Support for Learning) (Scotland) Act 2004 (Consequential Modifications) Order 2005; and
(3) draft Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005
[by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].
Papers subject to Negative Resolution:
2 Pensions,—Occupational Pension Schemes (Winding Up, Deficiency on Winding Up and Transfer Values) (Amendment) Regulations 2005 (S.I., 2005, No. 72), dated 19th January 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Johnson].
Other Papers:
3 Defence,—Ministry of Defence Minute, dated 25th January 2005, concerning the gifting of Military Equipment to the Iraqi Interim Government [by Command] [Mr Secretary Hoon].
4 Licensing,—Explanatory Memorandum to the Licensing Act 2003 (Hearings) (Amendment) Regulations 2005 (S.I., 2005, No. 78) [by Command] [Secretary Tessa Jowell].
APPENDIX II
Standing Committees
Drugs Bill,—The Committee of Selection has discharged Ms Hazel Blears from Standing Committee F (nominated in respect of the Bill); and nominated in substitution Shona McIsaac.
APPENDIX III
Reports from Select Committees
1 Constitutional Affairs,—(1) Third Report from the Constitutional Affairs Committee [Constitutional Reform Bill [Lords]: the Government's proposals]; 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. 275-I and -II]; and
(2) Memoranda laid before the Committee [Legal aid: asylum appeals]; to be printed [No. 276-II]
2 Constitutional Affairs and Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—Minutes of Evidence taken before the Constitutional Affairs and the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committees [Electoral registration]; to be printed [No. 243-i] [Andrew Bennett].
3 Culture, Media and Sport,—Minutes of Evidence taken before the Culture, Media and Sport Committee [Arts Development: Theatre]; to be printed [No. 254-i] [Sir Gerald Kaufman].
4 European Scrutiny,—Minutes of Evidence taken before the European Scrutiny Committee [The EU's constitutional treaty]; to be printed [No. 132-iii] [Mr Michael Connarty].
5 Foreign Affairs,—First Report from the Foreign Affairs Committee [Work of the Committee in 2004]; together with Annexes; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 112] [Mr Donald Anderson].
6 Home Affairs,—(1) Second Report from the Home Affairs Committee [Work of the Committee in 2004]; with an Appendix; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 280]; and
(2) Minutes of Evidence taken before the Committee [Terrorism and Community Relations]; to be printed [No. 165-iii]
7 Regulatory Reform,—(1) Fourth Report from the Regulatory Reform Committee [Draft Regulatory Reform (Joint Nature Conservation Committee) Order 2005]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 270];
(2) Fifth Report from the Committee [Draft Regulatory Reform (Prison Officers) (Industrial Action) Order 2005]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 271];
(3) Sixth Report from the Committee [Draft Regulatory Reform (Trading Stamps) Order 2005], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 272]; and
(4) First Special Report from the Committee [Operation of the Regulatory Reform Act 2001], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 273]
8 Scottish Affairs,—(1) First Report from the Scottish Affairs Committee [Work of the Committee in 2004], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 277]; and
(2) Minutes of Evidence taken before the Committee [Implications for Grangemouth of BP's plans for its petrochemicals business]; to be printed [No. 278-i]
9 Statutory Instruments,—Sixth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 66-vi]; and
(2) Second Report from the Select Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 217-ii]
10 Trade and Industry,—Minutes of Evidence taken before the Trade and Industry Committee [Fuel Prices]; to be printed [No. 279-i and -ii] [Mr Martin O'Neill].
11 Treasury,—Second Report from the Treasury Committee [Credit card charges and marketing], 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. 274] [Mr John McFall].
[W.H., No. 14]
Minutes of Proceedings of the Sitting in Westminster Hall
The sitting began at half-past Nine o'clock.
Adjournment,—Resolved, That the sitting be now adjourned.—(Mr Jim Murphy.)
And accordingly the sitting was adjourned till to-morrow.
[Adjourned at 3.57 p.m.
Sir Alan Haselhurst
Deputy Speaker
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