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The House met at half-past Two o'clock.
PRAYERS.
1 Constitutional Reform Bill [Lords] (Programme) (No. 2),—Ordered, That the Programme Order of 17th January 2005 in relation to the Constitutional Reform Bill [Lords] be amended as follows:
1. For paragraphs 1, 2 and 3(1) there shall be substituted the following—
'1. The Bill shall be committed to a Committee of the whole House.
2. Proceedings in the Committee, any proceedings on consideration and proceedings on Third Reading shall be completed in three days.
3.—(1) The following shall apply to proceedings in the Committee.'
2. In the Table, at the end there shall be inserted—
| Time for conclusion of proceedings |
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Clauses Nos. 8 to 10, Schedule No. 1, Clause No. 11, Schedule No. 2, Clause No. 12, Schedule No. 3, Clause No. 13, Schedule No. 4, Clauses Nos. 14 and 15, Schedule No. 5, Clause No. 16, Schedule No. 6, Clauses Nos. 17 to 19, any remaining new Clauses relating to Part 2, any new Schedules relating to Part 2, Clauses Nos. 22 and 23, Schedule No. 7, Clauses Nos. 24 to 36 and 38 to 53, Schedule No. 9, Clause No. 54, any remaining new Clauses relating to Part 3, any new Schedules relating to Part 3, Clause No. 55, Schedule No. 10, Clause No. 56, Schedule No. 11, Clauses Nos. 57 to 74, Schedule No. 12, Clauses Nos. 75 to 93 and 96 to 104, any new Clauses relating to Part 4, any new Schedules relating to Part 4, Clause No. 110, Schedule No. 13, Clauses Nos. 111 to 117, Schedule No. 14, Clause No. 118, Schedule No. 15, Clauses Nos. 119 to 121, remaining new Clauses, remaining new Schedules, remaining proceedings on the Bill
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3. For paragraphs 4 to 7 there shall be substituted—
'4.—(1) This paragraph applies to any proceedings on consideration and proceedings on Third Reading (together referred to as "remaining proceedings").
(2) Remaining proceedings shall (so far as not previously concluded) be brought to a conclusion—
(a) at the moment of interruption on the third day, or
(b) one and a half hours after the commencement of remaining proceedings,
whichever is the later.'.—(Mr Christopher Leslie).
2 Constitutional Reform Bill [Lords] [1st allotted day],—The House, according to Order, resolved itself into a Committee on the Constitutional Reform Bill [Lords].
Clause No. 1 (The rule of law).
Amendment (No. 364) proposed, in page 1, line 7, at the end, to add the words—
'(2) In this section "the rule of law" means in particular the sovereignty of the Queen in Parliament in making the law and the sovereignty of the Queen's courts in interpreting and applying both that law and the common law.'.—(Mr William Cash.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr David Ruffley, Mr Peter Atkinson: 127.
Tellers for the Noes, James Purnell, Jim Fitzpatrick: 283.
Clause No. 4 (Guarantee of continued judicial independence).
Another Amendment (No. 7) proposed, in page 2, to leave out lines 35 to 42.—(Mr William Cash.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Question proposed, That Clause No. 4, as amended, stand part of the Bill.
And it being three hours after the commencement of proceedings on the Bill, the Chairman put the Question already proposed from the Chair, pursuant to Order [17th January].
Clause, as amended, agreed to.
The Chairman then put the remaining Questions necessary to dispose of the business to be concluded at that hour.
Clause No. 6 (Representations to Parliament).
Amendments (Nos. 1 and 2) made.
Clause, as amended, agreed to.
Clause No. 7 (President of the Courts of England and Wales).
Amendments (Nos. 19 and 20) made.
Clause, as amended, agreed to.
A Clause (NC1A) (Lord Chief Justice for Northern Ireland)—(Mr Christopher Leslie)—brought up, and read the first and second time and added.
Clause No. 2 (Requirement of membership of the House of Lords).
Question put, that the Clause stand part of the Bill.
Tellers for the Ayes, Mr David Ruffley, Mr Crispin Blunt: 119.
Tellers for the Noes, Joan Ryan, Bridget Prentice: 272.
Clause No. 3 (Legal qualifications).
Question put, that the Clause stand part of the Bill.
Tellers for the Ayes, Mr David Ruffley, Mr Crispin Blunt: 126.
Tellers for the Noes, Mr Nick Ainger, Joan Ryan: 272.
The Chairman left the Chair to report progress and ask leave to sit again.
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The Deputy Speaker resumed the Chair; and Gillian Merron reported, That the Committee had made progress in the Bill, and moved, That the Committee may have leave to sit again.
Committee again to-morrow.
3 Contracting Out,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Local Authorities (Contracting Out of BID Levy Billing, Collection and Enforcement Functions) Order 2004, which was laid before this House on 15th December, be approved—(Gillian Merron):—It was agreed to.
4 Adjournment,—Resolved, That this House do now adjourn.—(Gillian Merron.)
And accordingly, the House, having continued to sit till one minute past Eleven o'clock, adjourned till to-morrow.
[Adjourned at 11.01 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 28th January 2005 pursuant to Standing Order No. 159 (Presentation of statutory instruments):
Papers subject to Negative Resolution:
1 Registration of Political Parties,—Registration of Political Parties (Prohibited Words and Expressions) (Amendment) Order 2005 (S.I., 2005, No. 147), dated 26th January 2005, with an Explanatory Memorandum [Mr Christopher Leslie].
Papers presented or laid upon the Table on Monday 31st January 2005:
Papers subject to Affirmative Resolution:
2 Government Resources and Accounts,—Draft Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Stephen Timms].
3 Pensions,—(1) Draft Pension Protection Fund (Pension Compensation Cap) Order 2005; and
(2) draft Pension Protection Fund (PPF Ombudsman) Order 2005
[by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Johnson].
4 Social Security,—(1) Draft Child Benefit and Guardian's Allowance Up-rating Order 2005;
(2) draft Child Benefit and Guardian's Allowance Up-rating (Northern Ireland) Order 2005;
(3) draft Tax Credits Up-rating Regulations 2005
[by Act]; with Explanatory Memoranda thereon [by Command] [Dawn Primarolo]; and
(4) draft Social Security (Inherited SERPS) (Amendment) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Johnson].
Papers subject to Negative Resolution:
5 Public Passenger Transport,—Transport Act 2000 (Commencement of Quality Contracts Schemes) (England) Order 2005 (S.I., 2005, No. 75), dated 19th January 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].
6 Road Traffic,—Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Stockport) Order 2005 (S.I., 2005, No. 81), dated 19th January 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].
7 Town and Country Planning,—Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2005 (S.I., 2005, No. 85), dated 21st January 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].
8 Unsolicited Goods and Services,—Unsolicited Goods and Services Act 1971 (Electronic Commerce) (Amendment) Regulations 2005 (S.I., 2005, No. 148), dated 12th January 2005 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].
Other Papers:
9 Government Resources and Accounts,—Resource Accounts of the NHS Pension Scheme and NHS Compensation for Premature Retirement Scheme for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 231] [Mr Stephen Timms].
10 National Audit,—Reports by the Comptroller and Auditor General on—
(1) Department for Environment, Food and Rural Affairs: Foot and Mouth Disease: Applying the Lessons; and
(2) Improving school attendance in England
[by Act]; to be printed [Nos. 184 and 212] [Clerk of the House].
11 Office of the Deputy Prime Minister,—Paper entitled, Sustainable Communities: People, Places and Prosperity—a five Year Plan from the Office of the Deputy Prime Minister [by Command] [Cm. 6425] [Mr Secretary Prescott].
APPENDIX II
Reports from Select Committees
1 Education and Skills,—Second Report from the Education and Skills Committee [Education outside the Classroom], 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. 120] [Mr Barry Sheerman].
2 Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [Ministry of Defence: Major Projects Report 2004]; to be printed [No. 294-i] [Mr Edward Leigh].
3 Science and Technology,—Minutes of Evidence taken before the Science and Technology Committee [Forensic Science]; to be printed [No. 96-iv] [Dr Ian Gibson].
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