Votes and Proceedings

House of Commons

Session 2004 - 05
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House of Commons Votes and Proceedings
Monday 21st February 2005

The House met at half-past Two o'clock.
PRAYERS.
1    Clean Neighbourhoods and Environment Bill (Programme) (No. 2),—A Motion was made, and the Question being put, That the Programme Order of 10th January 2005 in relation to the Clean Neighbourhoods and Environment Bill be varied as follows:
1. Paragraphs 4 and 5 of the Order shall be omitted. 2. Proceedings on consideration shall be taken in the order shown in the first column of the following table. 3. The proceedings shown in the first column of the table shall (so far as not previously concluded) be brought to a conclusion at the time specified in the second column.
Proceedings
Time for conclusion of proceedings

New Clauses, Amendments and new Schedules relating to Part 1; new Clauses, Amendments and new Schedules relating to Part 2; new Clauses, Amendments and new Schedules relating to Part 3; new Clauses, Amendments and new Schedules relating to Part 4
2 hours after the commencement of proceedings on the Motion for this Order.

New Clauses, Amendments and new Schedules relating to Part 5; new Clauses, Amendments and new Schedules relating to Part 6.
3 hours after the commencement of proceedings on the Motion for this Order.

New Clauses, Amendments and new Schedules relating to Part 7; new Clauses, Amendments and new Schedules relating to Part 8; new Clauses, Amendments and new Schedules relating to Part 9; new Clauses, Amendments and new Schedules relating to Part 10; remaining new Clauses and new Schedules; remaining proceedings on consideration.
4 hours after the commencement of proceedings on the Motion for this Order.
4. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion—
(a) 5 hours after the commencement of proceedings on the Motion for this Order; or

(b) at the moment of interruption,
whichever is the later—(Alun Michael); The House divided.
Tellers for the Ayes, Bridget Prentice, Margaret Moran: 243.

Tellers for the Noes, Mr David Ruffley, Mr Crispin Blunt: 116.
So the Question was agreed to.
2    Clean Neighbourhoods and Environment Bill,—The House, according to Order, proceeded to consider the Clean Neighbourhoods and Environment Bill, as amended in the Standing Committee.
Amendment (No. 28) proposed to the Bill, in page 3, line 3, at the end, to insert the words 'save with the agreement of the owner and occupier of any such dwelling.'.—(Miss Anne McIntosh.) Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn. A Clause (NC6) (Abandoned vehicles)—(Miss Anne McIntosh)—brought up, and read the first time. Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn. Amendments (Nos. 24 and 25) made to the Bill. Another Clause (NC2) (Duty to keep land highways clear of litter)—(Miss Anne McIntosh)—brought up, and read the first time. Question put, That the Clause be read a second time.
The House divided.

Tellers for the Ayes, Mr David Ruffley, Mr Crispin Blunt: 120.

Tellers for the Noes, Gillian Merron, Mr Jim Murphy: 268.
It being more than two hours after the commencement of proceedings on the Motion (Clean Neighbourhoods and Environment Bill (Programme) (No. 2)), the Deputy Speaker, pursuant to Order [this day], put the Question on the Amendments moved by a Minister of the Crown to be disposed of at that hour. Other Amendments (Nos. 26, 27, 22 and 23) made to the Bill. Another Clause (NC15) (Waste minimisation)—(Sue Doughty)—brought up, and read the first time. Question proposed, That the Clause be read a second time.
And it being three hours after the commencement of proceedings on the Motion (Clean Neighbourhoods and Environment Bill (Programme) (No. 2)), the Deputy Speaker put the Question.

The House divided.

Tellers for the Ayes, Bob Russell, Sue Doughty: 25.

Tellers for the Noes, Mr Jim Murphy, Gillian Merron: 246.

The Deputy Speaker then put the Question on an Amendment selected for separate decision.

Another Amendment (No. 29) proposed to the Bill, in page 46, line 31, at the end, to insert the words ', in subsection (7)(c) after "authority", leave out "may" and insert "shall".'.—(Miss Anne McIntosh.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Mr Crispin Blunt, Mr David Ruffley: 138.

Tellers for the Noes, Mr Jim Murphy, Gillian Merron: 246.
Another Clause (NC11) (Audible motor vehicle alarms: amendment of the Road Vehicles (Construction and Use) Regulations 1986)—(Norman Baker)—brought up, and read the first time. Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn. Another Amendment (No. 6) proposed to the Bill, in page 73, line 23, at the end, to insert the words— '(6) In proceedings against a person under sub-paragraph (4) for enforcement of a charge, it is a defence for the person to prove that he took all reasonable steps to prevent abandonment of his trolleys.'.—(Miss Anne McIntosh.) Question put, That the Amendment be made.
The House divided.

Tellers for the Ayes, Mr David Ruffley, Mr Crispin Blunt: 105.

Tellers for the Noes, Gillian Merron, Mr Jim Murphy: 281.

And it being more than four hours after the commencement of proceedings on the Motion (Clean Neighbourhoods and Environment Bill (Programme) (No. 2)), the Deputy Speaker put the Question on the remaining Amendments moved by a Minister of the Crown.
Other Amendments (Nos. 38 to 45) made to the Bill. A Motion being made, That the Bill be now read the third time; Alun Michael, 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. And the Question being put:—It was agreed to. The Bill was accordingly read the third time, and passed.
3    Northern Ireland,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2005, which was laid before this House on 26th January, be approved—(Margaret Moran):—It was agreed to.

4    European Scrutiny,—Ordered, That Mr Liam Byrne be added to the European Scrutiny Committee.—(Mr John McWilliam, on behalf of the Committee of Selection.)

5    Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Margaret Moran);

And it being Ten o'clock, the Motion for the adjournment of the House lapsed, without Question put.

6    Adjournment,—Resolved, That this House do now adjourn.—(Margaret Moran.)
And accordingly, the House, having continued to sit till twenty-one minutes past Ten o'clock, adjourned till to-morrow. [Adjourned at 10.21 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 presented by Her Majesty's Command and delivered to the Votes and Proceedings Office on the undermentioned dates during the adjournment pursuant to Standing Order No. 158 (Presentation of command papers):

Monday 14th February 2005

1    Constitutional Affairs,—Government Response to the First Report from the Constitutional Affairs Committee, Session 2004-05, on Freedom of Information Act 2000—progress towards implementation [Cm. 6470] [Mr David Lammy].

Papers delivered to the Votes and Proceedings Office on the undermentioned dates during the adjournment pursuant to Standing Order No. 159 (Presentation of statutory instruments):

Papers subject to Negative Resolution:

Friday 11th February 2005

2    Criminal Law,—Disqualification from Working with Children (Scotland) Order 2005 (S.I., 2005, No. 267), dated 9th February 2005, with an Explanatory Memorandum [Mr Secretary Clarke].

3    Dangerous Drugs,—Misuse of Drugs (Amendment) Regulations 2005 (S.I., 2005, No. 271), dated 9th February 2005, with an Explanatory Memorandum [Mr Secretary Clarke].

4    Electromagnetic Compatibility,—Electromagnetic Compatibility Regulations 2005 (S.I., 2005, No. 281), dated 2nd February 2005, with an Explanatory Memorandum [Ms Secretary Hewitt].

5    Gas,—Gas Act 1986 (Exemption) (No. 2) Order 2005 (S.I., 2005, No. 280), dated 5th February 2005, with an Explanatory Memorandum [Ms Secretary Hewitt].

6    Plant Health,—(1) Dutch Potatoes (Notification) (England) Order 2005 (S.I., 2005, No. 279); and

(2) Potatoes Originating in the Netherlands (Revocation) (England) Regulations 2005 (S.I., 2005, No. 278),

dated 9th February 2005, with Explanatory Memoranda thereon [Secretary Margaret Beckett].

Monday 14th February 2005

7    Health and Safety,—Anthrax Prevention Order 1971 etc. (Revocation) Regulations 2005 (S.I., 2005, No. 228), dated 6th February 2005, with an Explanatory Memorandum [Mr Secretary Johnson].

8    Housing,—Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2005 (S.I., 2005, No. 236), dated 7th February 2005, with an Explanatory Memorandum [Mr Secretary Johnson].

9    Social Security,—Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2005 (S.I., 2005, No. 238), dated 7th February 2005, with an Explanatory Memorandum [Mr Secretary Johnson].

Tuesday 15th February 2005

10    Pensions,—Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (S.I., 2005, No. 277), dated 10th February 2005, with an Explanatory Memorandum [Mr Secretary Johnson].

11    Social Security,—Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2005 (S.I., 2005, No. 273), dated 9th February 2005, with an Explanatory Memorandum [Mr Secretary Johnson].

Wednesday 16th February 2005

12    Pensions,—Pension Protection Fund (Limit on Borrowing) Order 2005 (S.I., 2005, No. 339), dated 16th February 2005, with an Explanatory Memorandum [Mr Secretary Johnson].

Thursday 17th February 2005

13    Income Tax,—(1) General Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2005 (S.I., 2005, No. 340); and

(2) Special Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2005 (S.I., 2005, No. 341),

dated 10th February 2005, with Explanatory Memoranda thereon [Mr David Lammy].

Friday 18th February 2005

14    Ecclesiastical Law,—Legal Officers (Annual Fees) Order 2005 (S.I., 2005, No. 336), dated 15th February 2005, with an Explanatory Memorandum [Clerk of the House].

15    Social Security,—(1) Child Benefit and Guardian's Allowance (Miscellaneous Amendments) Regulations 2005 (S.I., 2005, No. 343), dated 17th February 2005, with an Explanatory Memorandum [Dawn Primarolo];

(2) Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I., 2005, No. 337), dated 15th February 2005, with an Explanatory Memorandum [Mr Secretary Johnson]; and

(3) Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2005 (S.I., 2005, No. 324), dated 10th February 2005, with an Explanatory Memorandum [Mr Secretary Johnson].

Papers presented or laid upon the Table on Monday 21st February 2005:

Papers subject to Affirmative Resolution:

16    Criminal Law,—Draft Criminal Procedure and Investigations Act 1996 (Code of Practice) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

17    Immigration,—Draft Immigration (Leave to Enter and Remain) (Amendment) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

18    Northern Ireland,—(1) Draft District Policing Partnerships (Northern Ireland) Order 2005;

(2) draft Firearms (Amendment) (Northern Ireland) Order 2005; and

(3) draft Unauthorised Encampments (Northern Ireland) Order 2005,

[by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Murphy].

19    Regulatory Reform,—(1) Draft Regulatory Reform (Execution of Deeds and Documents) Order 2005, with a Statement by the Department for Constitutional Affairs [by Act] [Mr David Lammy], and

(2) Draft Regulatory Reform (Fire Safety) Order 2005, with a Statement by the Office of the Deputy Prime Minister [by Act] [Mr Secretary Prescott].

Papers subject to Negative Resolution:

20    Children and Young Persons,—Child Abduction and Custody (Falkland Islands) (Amendment) Order 2005 (S.I., 2005, No. 244), dated 9th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Straw].

21    Electricity,—Renewables Obligation Order (Northern Ireland) 2005 (S.R. (N.I.), 2005, No. 38), dated 11th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy].

22    International Immunities and Privileges,—Commonwealth Countries and Ireland (Immunities and Privileges) (Amendment) Order 2005 (S.I., 2005, No. 246), dated 9th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Straw].

23    Ministers of the Crown,—Transfer of Functions (Children, Young People and Families) Order 2005 (S.I., 2005, No. 252), dated 9th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Christopher Leslie].

24    National Health Service,—Health Service Commissioner for England (Special Health Authorities) Order 2005 (S.I., 2005, No. 251), dated 9th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Reid].

25    Northern Ireland,—Pensions (Northern Ireland) Order 2005 (S.I., 2005, No. 255), dated 9th February [by Act] [Mr Secretary Murphy].

26    Parliamentary Commissioner,—Parliamentary Commissioner Order 2005 (S.I., 2005, No. 249), dated 9th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Christopher Leslie].

27    Pensions,—Pensions Appeal Tribunals (Posthumous Appeals) (Amendment) Order 2005 (S.I., 2005, No. 245), dated 9th February 2005 [by Act] [Mr David Lammy].

Other Papers:

28    Criminal Injuries Compensation (Northern Ireland),—Account of the Criminal Injuries Compensation Appeals Panel for Northern Ireland for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 352] [Clerk of the House].

29    Criminal Procedure and Investigations,—Code of Practice under section 23 of the Criminal Procedure and Investigations Act 1996 [by Act] [Mr Secretary Clarke].

30    Environmental Information,—Code of Practice on the discharge of the obligations of public authorities under the Environmental Information Regulations 2004 [by Statutory Instrument] [Secretary Margaret Beckett].

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

(1) Department of Health: Tackling Cancer: Improving the Patient Journey;

(2) Department of Trade and Industry: Financial Support for Post Offices; and

(3) More than a roof: Progress in tackling homelessness

[by Act]; to be printed [Nos. 288, 287 and 286] [Clerk of the House].

32    Police Reform,—Account of the Independent Police Complaints Commission for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 350] [Clerk of the House].

33    Public Petitions,—Observations by the Secretary of State for Transport on the Petition [27th January] from residents of Doddington, Erriottwood, Kingsdown and Lynsted in Kent for an extension of resurfacing work on the M2 as far as Faversham [by Standing Order]; to be printed [Clerk of the House].

34    School Standards and Framework,—Accounts of Westminster Education Action Zone for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 319] [Clerk of the House].

35    Statutory Instruments (Notification),—Communication declaring that the undermentioned Statutory Instrument had come into operation before copies were laid before Parliament, and explaining why such copies had not been so laid before the Instrument came into operation:

Legal Officers (Annual Fees) Order 2005 (S.I., 2005, No. 336)

[by Standing Order] [The Speaker].

Papers withdrawn:

36    Defence,—Ministry of Defence Minute, dated 20th January 2005, concerning the gifting of non-lethal military equipment to the Government of Nepal [laid 20th January].

APPENDIX II

Reports from Select Committees

1    Education and Skills,—(1) Third Report from the Education and Skills Committee [UK e-University]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 205]; and

(2) Fourth Report from the Committee [The Work of the Committee]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 359]

[Mr Barry Sheerman].

2    Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Sub-Committee on Progress on Pesticides of the Environment, Food and Rural Affairs Committee [Progress on Pesticides]; to be printed [No. 258-iii] [Mr Michael Jack].

3    Public Accounts,—(1) Minutes of Evidence taken before the Committee of Public Accounts [Department of Trade and Industry: Renewable Energy]; to be printed [No. 361-i];

(2) Minutes of Evidence taken before the Committee [National Audit Office Supply Estimate 2005-06]; to be printed [No. 362-i]; and

(3) Minutes of Evidence taken before the Committee [Northern Ireland Audit Office Supply Estimate 2005-06]; to be printed [No. 363-i]

[Mr Edward Leigh].

CORRIGENDUM
In the Votes and Proceedings for Wednesday 9th February, in Appendix III, Item 8(1), the Fifth Report from the Northern Ireland Affairs Committee [The Functions of the Office of the Police Ombudsman for Northern Ireland] should have had printing number 344.