Votes and Proceedings

House of Commons

Session 2003 - 04
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House of Commons Votes and Proceedings
Wednesday 23rd February 2005

The House met at half-past Eleven o'clock.
PRAYERS.
1    Crossrail Bill,—Ordered, That the Examiners of Petitions for Private Bills do examine the Crossrail Bill with respect to the applicability thereto of the Standing Orders relating to Private Business.

2    Second Standing Committee on Delegated Legislation,—Mr Bill O'Brien reported from the Second Standing Committee on Delegated Legislation the Licensing Act 2003 (Fees) Regulations 2005 (S.I., 2005, No. 79).

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

3    European Standing Committee A,—Mr John Cummings reported from European Standing Committee A the following Resolution:

That the Committee takes note of European Union Documents No. 11557/04, draft Regulation on the financing of the Common Agricultural Policy, and No. 11495/04 and Addenda 1 to 9, draft Regulation on support for rural development by the European Agricultural Fund for Rural Development; and supports the Government's objective of encouraging and sustaining development in rural areas through diverse, competitive and sustainable farming methods, in line with Common Agricultural Policy reform already agreed in June 2003 and consistent with the wider EU's shared rural development and environmental priorities.

Resolution to lie upon the Table.

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

4    Message from the Lords,—A Message was brought from the Lords, as follows:

Electoral Registration (Northern Ireland) Bill [Lords],—The Lords have passed a Bill to make provision about the registration of electors in Northern Ireland in cases where required information is not provided; to which the Lords desire the concurrence of this House.

5    Electoral Registration (Northern Ireland) Bill [Lords],—The Electoral Registration (Northern Ireland) Bill [Lords] was read the first time, and ordered to be read a second time to-morrow; and printed pursuant to Standing Order No. 57A (Bills brought from the Lords) on 22nd February [Bill 64].

6    Renewable Energy Bill [Lords],—The Renewable Energy Bill [Lords] was read the first time; and ordered to be read a second time on Friday 4th March and to be printed [Bill 66].

7    Banking Practices (Protection of the Elderly),—Ordered, That leave be given to bring in a Bill to require banks to adopt and maintain specific practices in dealing with vulnerable elderly clients at risk from certain financial arrangements by institutions and from other forms of exploitation by individuals: And that Dr Julian Lewis, Mr Nigel Evans, Mr Martin Salter, Andrew Selous, Alice Mahon, Michael Fabricant, Mr Mike Hancock, Mr David Amess, Mr Gordon Marsden, Mr Desmond Swayne, Mr David Chidgey and John Robertson do prepare and bring it in.

8    Banking Practices (Protection of the Elderly) Bill,—Dr Julian Lewis accordingly presented a Bill to require banks to adopt and maintain specific practices in dealing with vulnerable elderly clients at risk from certain financial arrangements by institutions and from other forms of exploitation by individuals: 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 65].

9    Prevention of Terrorism Bill,—The Order of the day being read, for the Second Reading of the Prevention of Terrorism Bill;

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

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 a Second Reading to the Prevention of Terrorism Bill, because it contains excessive powers in relation to requirements on a person to remain at a particular place when such powers are not presently necessary; gives to the Executive powers that should be exercised by the judiciary; allows decisions to be made on an insufficient standard of proof; fails to address the need to bring terrorists to trial on the basis of all evidence available; and thus wrongly infringes the right to liberty of the individual', instead thereof.—(David Davis.)

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

And it being Seven o'clock, the Debate stood adjourned.

10    Business of the House,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 15 (Exempted business), That, at this day's sitting, the Second Reading of the Prevention of Terrorism Bill may be proceeded with, though opposed, until Eight o'clock—(Mr John Heppell):—It was agreed to.

11    Prevention of Terrorism Bill,—The Question being again proposed, That the Amendment be made:—The House resumed the adjourned Debate.

And the Question being put;

The House divided.

Tellers for the Ayes, Mr Roger Williams, Gregory Barker: 216.

Tellers for the Noes, James Purnell, Joan Ryan: 316.

So the Question was negatived.

And the Main Question being put forthwith, pursuant to Standing Order No. 62 (Amendment on second or third reading);

The House divided.

Tellers for the Ayes, Joan Ryan, James Purnell: 309.

Tellers for the Noes, Bob Russell, Mr Peter Atkinson: 233.

So the Question was agreed to.

The Bill was accordingly read a second time.

12    Prevention of Terrorism Bill (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 Prevention of Terrorism Bill:

Committal

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

Proceedings

2. Proceedings in Committee of the whole House, any proceedings on consideration and proceedings on Third Reading shall be completed at one day's sitting.

3. On that day, proceedings in Committee of the whole House and any proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion five hours after the commencement of those proceedings or one hour before the moment of interruption, whichever is the later.

4. On that day, proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion six hours after the commencement of proceedings in Committee of the whole House or at the moment of interruption, whichever is the later.

Programming Committee

5. Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, any proceedings on consideration or proceedings on Third Reading.

Programming of other proceedings

6. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed—(Mr John Heppell);

The House divided.

Tellers for the Ayes, Joan Ryan, James Purnell: 305.

Tellers for the Noes, Bob Russell, Gregory Barker: 196.

So the Question was agreed to.

13    Prevention of Terrorism Bill [Money],—Her Majesty's Recommendation having been signified to the proposed Motion relating to Prevention of Terrorism Bill [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 Prevention of Terrorism Bill, it is expedient to authorise the payment out of money provided by Parliament of—

(1) any expenditure incurred by a Minister of the Crown by virtue of the Act, and

(2) any increase attributable to the Act in the sums payable out of such money under any other Act—(Mr John Heppell):—It was agreed to.

14    Adjournment,—Resolved, That this House do now adjourn.—(Mr John Heppell.)

And accordingly, the House, having continued to sit till six minutes past Nine o'clock, adjourned till to-morrow.
[Adjourned at 9.06 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    Extradition,—Draft Extradition Act 2003 (Part 3 Designation) (Amendment) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

2    Immigration,—Draft Community Legal Service (Asylum and Immigration Appeals) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy].

3    Income Tax,—Draft Tax Information Exchange Agreement (Taxes on Income) (Guernsey) Order 2005;

(2) draft Tax Information Exchange Agreement (Taxes on Income) (Isle of Man) Order 2005; and

(3) draft Tax Information Exchange Agreement (Taxes on Income) (Jersey) Order 2005

[by Act], with Explanatory Memoranda thereon [by Command] [Dawn Primarolo].

4    Rating and Valuation,—Draft Non-Domestic Rating (Chargeable Amounts) (England) (Amendment) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

5    Social Security,—Draft Social Security Commissioners (Procedure) (Amendment) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy].

Papers subject to Negative Resolution:

6    Animals,—Salmonella in Laying Flocks (Survey Powers) (England) Regulations 2005 (S.I., 2005, No. 359), dated 22nd February 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett].

7    Civil Aviation,—Airport Byelaws (Designation) Order 2005 (S.I., 2005, No. 354), dated 21st February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

8    Competition,—Restriction on Agreements (Manufacturers and Importers of Motor Cars) (Revocation) Order 2005 (S.I. 2005, No. 355), dated 18th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].

9    Immigration,—Immigration Services Commissioner (Designated Professional Body) (Fees) Order 2005 (S.I., 2005, No. 348), dated 21st February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

10    National Lottery,—Awards for All (England) Joint Scheme (Authorisation) Order 2005 (S.I., 2005, No. 374), dated 16th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Tessa Jowell].

11    Security Industry,—Private Security Industry Act 2001 (Designated Activities) (Revocation) Order 2005 (S.I., 2005, No. 361), dated 19th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

12    Terms and Conditions of Employment,—Statutory Maternity Pay (General) and Statutory Paternity Pay and Statutory Adoption Pay (General) (Amendment) Regulations 2005 (S.I., 2005, No. 358), dated 16th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].

Other Papers:

13    Education and Skills,—Paper, entitled 14-19 Education and Skills [by Command] [Cm. 6476] [Secretary Ruth Kelly].

14    Law Commission,—Report of the Law Commission and Scottish Law Commission on Unfair Terms in Contracts [by Command] [Cm. 6464] [Mr Christopher Leslie].

15    School Standards and Framework,—Accounts of—

(1) Derby North East Education Action Zone for 1st April to 30th November 2004;

(2) Easington & Seaham Education Action Zone for 1st April to 31st December 2004;

(3) Greenwich Education Action Zone for 1st April to 5th September 2004;

(4) North Islington Education Action Zone for 1st April to 30th November 2004;

(5) Stoke Education Action Zone for 1st April to 31st December 2004;

(6) Sunderland Education Action Zone for 1st April to 31st December 2004;

(7) Telford & Wrekin Education Action Zone for 1st April to 30th November 2004; and

(8) Withernsea and Southern Holderness Education Action Zone for 1st April 2004 to 9th January 2005,

with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 337, 354, 338, 355, 356, 357, 339 and 340] [Clerk of the House].

16    Treaty Series (No. 2, 2005),—Partnership and Co-operation Agreement, done at Luxembourg on 14th June 1994, between the European Communities and their Member States and Ukraine, with Protocol on Mutual Assistance between Administrative Authorities on Customs Matters, including Exchanges of Letters with Declarations and Final Act [by Command] [Cm. 6473] [Mr Secretary Straw].

17    Treaty Series (No. 3, 2005),—Exchanges of Notes, done at London on 10th November and 1st December 2004, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Russian Federation concerning the Commercialisation of Sites in London and Moscow and concerning Estate Matters of Mutual Interest [by Command] [Cm. 6477] [Mr Secretary Straw].

APPENDIX II

Standing Committees

1    Draft Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005:

(1) The Speaker has allocated the draft Order to the First Standing Committee on Delegated Legislation; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Keith Bradley, Mr Liam Byrne, Mr Alistair Carmichael, Mr David Clelland, Mr Vernon Coaker, Mr Jonathan Djanogly, Mr Stephen Dorrell, Mr Tom Harris, Lady Hermon, Mr Terry Lewis, Mr Peter Luff, Judy Mallaber, Diana Organ, Mr Ian Pearson, Mr John Taylor and Mr Anthony D. Wright.

2    Financing of Maintained Schools (England) Regulations 2004 (S.I., 2004, No. 3130) and the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2004 (S.I., 2004, No. 3131):

(1) The Speaker has allocated the Regulations to the Second Standing Committee on Delegated Legislation; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Graham Allen, Mr Peter Atkinson, Annette Brooke, Mr Parmjit Dhanda, Jim Dowd, Barbara Follett, Mrs Joan Humble, Mr Boris Johnson, Mr Piara S. Khabra, Mr Peter Lilley, Gillian Merron, Dr John Pugh, Mr Ernie Ross, Mr Stephen Twigg Angela Watkinson and Iain Wright.

3    Draft Insolvency (Northern Ireland) Order 2005:

(1) The Speaker has allocated the draft Order to the Third Standing Committee on Delegated Legislation; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Henry Bellingham, Mrs Helen Clark, Mr Vernon Coaker, Ross Cranston, Paul Farrelly, Mr Barry Gardiner, Mr Tom Harris, Mr George Howarth, Mr Jon Owen Jones, Mr Peter Luff, Lembit �pik, Alan Simpson, Bob Spink, Mr Graham Stringer, Sir Peter Tapsell and Mr David Trimble.

4    Draft Drainage (Amendment) (Northern Ireland) Order 2005,—The Committee of Selection has discharged Ms Candy Atherton, Hugh Bayley, Mrs Louise Ellman and Keith Vaz from the Third Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Helen Jones, Mr Colin Pickthall, Lawrie Quinn and Syd Rapson.

5    Draft Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 2005:

(1) The Speaker has allocated the draft Order to the Fourth Standing Committee on Delegated Legislation; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Richard Allan, Mr Peter Atkinson, Mr Tony Banks, Mr David Crausby, Valerie Davey, Geraint Davies, Mr Jonathan Djanogly, Mr Huw Edwards, Mr Nick Hawkins, Ms Sally Keeble, Mr Christopher Leslie, Mr Tony McWalter, Mr Paul Marsden, Julie Morgan, Bridget Prentice and Mr David Tredinnick.

6    Draft Scotland Act 1998 (Modifications of Schedule 5) Order 2005, the draft Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 and the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005,—The Committee of Selection has discharged Mr Iain Liddell-Grainger from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the draft Orders) and nominated in substitution Mrs Jacqui Lait.

7    Draft Company Directors Disqualification (Amendment) (Northern Ireland) Order 2005:

(1) The Speaker has allocated the draft Order to the Sixth Standing Committee on Delegated Legislation; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Hugh Bayley, Mr Henry Bellingham, Mr Vernon Coaker, Mr Barry Gardiner, Mr Roger Godsiff, Mr Tom Harris, Mr Dai Havard, Lady Hermon, Dr Brian Iddon, Mr Peter Luff, Mr John MacDougall, Lembit �pik, Mr Malcolm Savidge, Rachel Squire, Mr Michael Trend and Mr Robert Walter.

8    Code of Audit Practice for Local Government Bodies (2005) and the Code of Audit Practice for local NHS Bodies (2005):

(1) The Speaker has allocated the Codes to the Seventh Standing Committee on Delegated Legislation; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Michael Clapham, Paul Clark, John Cryer, Mr Edward Davey, Mr Mark Fisher, Linda Gilroy, Matthew Green, Phil Hope, Mr Peter Kilfoyle, Rob Marris, Mr Eric Pickles, Mr Mark Prisk, Mr Mohammad Sarwar, Mr Peter Viggers, Mr John Wilkinson and Mrs Betty Williams.

9    Draft Social Security (Intensive Activity Period 50 to 59 Pilot) Regulations 2005 and the draft Social Security (Intensive Activity Period 50 to 59 Pilot) (No. 2) Regulations 2005:

(1) The Speaker has allocated the draft Regulations to the Eighth Standing Committee on Delegated Legislation; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Kevin Barron, Mr Tim Boswell, Mr David Drew, Julia Drown, Jane Griffiths, Paul Holmes, Alan Howarth, Huw Irranca-Davies, Jane Kennedy, Margaret Moran, Mr Kerry Pollard, Mr John Randall, Mrs Gillian Shephard, Steve Webb, Ann Winterton and Derek Wyatt.

APPENDIX III

Reports from Select Committees

1    Constitutional Affairs,—(1) Fourth Report from the Constitutional Affairs Committee [Family Justice: The operation of the family courts]; 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. 116-I and -II]; and

(2) Memoranda laid before the Committee [Family Justice: The operation of the family courts]

[Mr A. J. Beith].

2    Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [Tuition Fees and Student Bursaries]; to be printed [No. 369] [Mr Barry Sheerman].

3    Environment, Food and Rural Affairs,—(1) Fourth Special Report from the Environment, Food and Rural Affairs Committee [Government's Reply to the First Report from the Committee, Session 2004-05, on the Draft Animal Welfare Bill]; to be printed [No. 385]; and

(2) Minutes of Evidence taken before the Committee [Climate Change: Looking Forward]; to be printed [No. 130-iv]

[Mr Michael Jack].

4    Environmental Audit,—Third Report from the Environmental Audit Committee [The World Summit on Sustainable Development 2002: a UK progress report], together with an Appendix; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 381] [Mr Peter Ainsworth].

5    European Scrutiny,—(1) Ninth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 38-ix];

(2) Minutes of Evidence taken before the Committee [The open method of co-ordination for health care and long-term care]; to be printed [No. 373-i]; and

(3) Memoranda laid before the Committee [Ministerial Correspondence]

[Mr Jimmy Hood].

6    Health,—(1) Second Report from the Health Committee [The Prevention of Venous Thromboembolism in Hospitalised Patients], 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. 99];

(2) Minutes of Evidence taken before the Committee [The Government's Public Health White Paper (Cm. 6374)]; to be printed [No. 358-i]; and

(3) Memorandum laid before the Committee [The Prevention of Venous Thromboembolism in Hospitalised Patients]

[Mr David Hinchliffe].

7    Human Rights,—(1) Eighth Report from the Joint Committee on Human Rights [Scrutiny: Fourth Progress Report]; together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 388]; and

(2) Ninth Report from the Committee [Prevention of Terrorism Bill: Preliminary Report]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 389]

[Jean Corston].

8    International Development,—Minutes of Evidence taken before the International Development Committee, together with Appendices [Darfur, Sudan: Crisis, response and lessons]; to be printed [No. 67-vi] [Tony Baldry].

9    Northern Ireland Affairs,—(1) Sixth Report from the Northern Ireland Affairs Committee [Waste Management Strategy in Northern Ireland], 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. 349];

(2) Minutes of Evidence taken before the Committee on 21st, 22nd and 23rd February [Reconciliation: ways of dealing with Northern Ireland's past]; to be printed [No. 303-iii, -iv and -v]

[Mr Michael Mates]; and

(3) Minutes of Evidence taken before the Sub-Committee of the Committee [Air Transport Services in Northern Ireland]; to be printed [No. 53-vii] [Mr Tony Clarke].

10    Procedure,—Minutes of Evidence taken before the Procedure Committee [Sub Judice Rule of the House of Commons]; to be printed [No. 125-iii] [Sir Nicholas Winterton].

11    Public Accounts,—(1) Eighth Report from the Committee of Public Accounts [Ministry of Defence: Battlefield Helicopters]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 386]; and

(2) Minutes of Evidence taken before the Committee [Department for Environment, Food and Rural Affairs: Foot and Mouth Disease: Applying the Lessons]; to be printed [No. 387-i]

[Mr Edward Leigh].

12    Trade and Industry,—Minutes of Evidence taken before the Trade and Industry Committee [Export Credits Guarantee Department Anti-Corruption Measures; Coal Health Compensation Schemes]; to be printed [Nos. 374-i and 375-i] [Mr Martin O'Neill].

13    Transport,—(1) Third Report from the Transport Committee [Disabled People's Access to Transport: A year's worth of improvements?], with the 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. 93];

(2) First Special Report from the Committee [Government Response to the Seventeenth Report from the Committee, Session 2003-04, on Cars of the Future]; to be printed [No. 377]; and

(3) Minutes of Evidence taken before the Committee [The Future of Light Rail and Modern Trams in Britain]; to be printed [No. 378-i]

[Mrs Gwyneth Dunwoody].

14    Work and Pensions,—Third Report from the Work and Pensions Committee [The Introduction of Pension Credit], 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. 43-I and -II] [Sir Archy Kirkwood].

[W.H., No. 24]

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 Nick Ainger.)
And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 4.29 p.m.

Sir Alan Haselhurst

Deputy Speaker



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