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House of Commons Votes and Proceedings
Tuesday 15th March 2005

The House met at half-past Eleven o'clock.

PRAYERS.

1    London Local Authorities and Transport for London Bill,—The Order of the day being read, for the Second Reading of the London Local Authorities and Transport for London Bill;

    Ordered, That the Bill be read a second time on Tuesday 22nd March.

2    Fifth Standing Committee on Delegated Legislation,—Mr John McWilliam reported from the Fifth Standing Committee on Delegated Legislation the draft Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2005.

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

3    Sixth Standing Committee on Delegated Legislation,—Mr David Chidgey reported from the Sixth Standing Committee on Delegated Legislation the draft Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005.

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

4    Seventh Standing Committee on Delegated Legislation,—Mrs Irene Adams reported from the Seventh Standing Committee on Delegated Legislation the Care of Cathedrals (Amendment) Measure, the Church of England (Miscellaneous Provisions) Measure and the Stipends (Cessation of Special Payments) Measure.

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

5    Eighth Standing Committee on Delegated Legislation,—Mr Nigel Beard reported from the Eighth Standing Committee on Delegated Legislation the draft Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) (Amendment) Order 2005 and the draft Open-Ended Investment Companies (Amendment) Regulations 2005.

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

6    Ninth Standing Committee on Delegated Legislation,—Janet Anderson reported from the Ninth Standing Committee on Delegated Legislation the draft Child Trust Funds (Appeals) Regulations 2005, the draft Child Trust Funds (Appeals) (Northern Ireland) Regulations 2005 and the draft Social Security Commissioners (Procedure) (Child Trust Funds) Regulations 2005.

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

7    Tenth Standing Committee on Delegated Legislation,—David Taylor reported from the Tenth Standing Committee on Delegated Legislation the draft Non-Domestic Rating (Chargeable Amounts) (England) (Amendment) Regulations 2005.

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

8    Eleventh Standing Committee on Delegated Legislation,—Derek Conway reported from the Eleventh Standing Committee on Delegated Legislation the draft Criminal Procedure and Investigations Act 1996 (Code of Practice) Order 2005.

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

9    Energy Markets Bill,—Alan Simpson, supported by Sir Sydney Chapman, Mr David Drew, Dr Brian Iddon, Brian White, Sue Doughty, Alice Mahon, Mr Michael Weir, Dr Ian Gibson, Adam Price and Llew Smith, presented a Bill to promote sustainable energy and energy efficiency; to make further provision about the regulation of gas and electricity supply industries and about electricity transmission; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 22nd April and to be printed [Bill 87].

10    Proceeds of Crime (Compensation of Prosecution Costs),—Ordered, That leave be given to bring in a Bill to amend the Proceeds of Crime Act 2002 to make provision for the recovery of certain prosecution costs in proceedings for offences giving rise to a confiscation order: And that Brian White, Janet Anderson, Mr David Amess, Claire Ward, Helen Jones, Mr Huw Edwards, Mr Richard Allan, Bob Spink, Paddy Tipping and Jim Dowd do prepare and bring it in.

11    Proceeds of Crime (Compensation of Prosecution Costs) Bill,—Brian White accordingly presented a Bill to amend the Proceeds of Crime Act 2002 to make provision for the recovery of certain prosecution costs in proceedings for offences giving rise to a confiscation order: 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 88].

12    Inquiries Bill [Lords],—The Inquiries Bill [Lords] was, according to Order, read a second time.

13    Inquiries Bill [Lords] (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 Inquiries Bill [Lords]:

Committal

    1. The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 24th March 2005.

    3. The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

Programming Committee

    6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

    7. Any other proceedings on the Bill (including any proceedings on consideration of any message from the Lords) may be programmed—(Mr Nick Ainger):—It was agreed to.

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

    (1) any expenditure incurred by a Minister of the Crown or the Treasury under the Act;

    (2) any increase attributable to the Act in the sums payable out of money so provided under any other Act—(Mr Nick Ainger):—It was agreed to.

15    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 District Policing Partnerships (Northern Ireland) Order 2005, which was laid before this House on 21st February, be approved—(Mr Nick Ainger):—It was agreed to.

16    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 Electoral Law (Northern Ireland) Act 1962 (Amendment) Order 2005, which was laid before this House on 20th January, be approved—(Mr Nick Ainger);

The House divided.

      Tellers for the Ayes, Margaret Moran, Mr John Heppell: 258.

      Tellers for the Noes, Mr Alan Reid, Richard Younger-Ross: 33.

So the Question was agreed to. Resolved, That the draft Electoral Law (Northern Ireland) Act 1962 (Amendment) Order 2005, which was laid before this House on 20th January, be approved.

17    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 Electoral Law Act (Northern Ireland) 1962 (Amendment No. 2) Order 2005, which was laid before this House on 24th February, be approved—(Mr Nick Ainger):—It was agreed to.

18    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 Electoral Law Act (Northern Ireland) 1962 (Amendment No. 3) Order 2005, which was laid before this House on 7th March, be approved—(Mr Nick Ainger):—It was agreed to.

19    Social Security,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 2005, which was laid before this House on 1st February, be approved—(Mr Nick Ainger):—It was agreed to.

20    Electricity,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Renewables Obligation Order 2005, which was laid before this House on 9th February, be approved—(Mr Nick Ainger):—It was agreed to.

21    Extradition,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Extradition Act 2003 (Part 3 Designation) (Amendment) Order 2005, which was laid before this House on 23rd February, be approved—(Mr Nick Ainger):—It was agreed to.

22    Pensions,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Occupational Pension Schemes (Modification of Pension Protection Provisions) Regulations 2005, which were laid before this House on 9th February, be approved—(Mr Nick Ainger):—It was agreed to.

23    Health Care and Associated Professions,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Opticians Act 1989 (Amendment) Order 2005, which was laid before this House on 24th February, be approved—(Mr Nick Ainger):—It was agreed to.

24    Income Tax,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Tax Information Exchange Agreement (Taxes on Income) (Guernsey) Order 2005, which was laid before this House on 23rd February, be approved—(Mr Nick Ainger):—It was agreed to.

25    Income Tax,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Tax Information Exchange Agreement (Taxes on Income) (Jersey) Order 2005, which was laid before this House on 23rd February, be approved—(Mr Nick Ainger):—It was agreed to.

26    Income Tax,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Tax Information Exchange Agreement (Taxes on Income) (Isle of Man) Order 2005, which was laid before this House on 23rd February, be approved—(Mr Nick Ainger):—It was agreed to.

27    Generalised System of Preferences from 2005,—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. 13931/04, draft Council Regulation applying a generalised system of preferences (GSP); welcomes the Government's contribution towards the European Union's efforts towards across-the-board simplification of the GSP; welcomes the benefits that the new scheme will offer developing countries, particularly those affected by the Indian Ocean tsunami; welcomes the added incentives for sustainable development and good governance; urges the EU to bring forward proposals for the simplification and liberalisation of the rules of origin for the GSP; and approves the proposed Regulation—(Mr Nick Ainger):—It was agreed to.

28    Creation of a Fundamental Rights Agency,—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. 14223/04, public consultation document on the creation of a Fundamental Rights Agency; and supports the Government's position as set out in its response of 10th January 2005, namely that the focus of the Agency should be upon compliance by the institutions of the European Union with human rights, and that the Agency's primary purpose should be data collection and analysis—(Mr Nick Ainger);

The House divided.

      Tellers for the Ayes, Margaret Moran, Mr John Heppell: 291.

      Tellers for the Noes, Mr Geoffrey Clifton-Brown, Andrew Selous: 100.

So the Question was agreed to.

    Resolved, That this House takes note of European Union Document No. 14223/04, public consultation document on the creation of a Fundamental Rights Agency; and supports the Government's position as set out in its response of 10th January 2005, namely that the focus of the Agency should be upon compliance by the institutions of the European Union with human rights, and that the Agency's primary purpose should be data collection and analysis.

29    Public Petitions,—A Public Petition from the residents of North Nantymoel (Bridgend) and others, for the reinstatement of the polling station at Bryants Centre in North Nantymoel was presented and read; and ordered to lie upon the Table and to be printed.

30    Adjournment,—Resolved, That this House do now adjourn.—(Mr Vernon Coaker.)

    And accordingly, the House, having continued to sit till seventeen minutes to Seven o'clock, adjourned till to-morrow.

[Adjourned at 6.43 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 Negative Resolution:

1    Education,—Education (Grants etc.) (Dance and Drama) (England) (Amendment) Regulations 2005 (S.I., 2005, No. 677), dated 15th March 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Ruth Kelly].

2    National Health Service,—National Health Service (Pension Scheme and Injury Benefits) Amendment Regulations 2005 (S.I., 2005, No. 661), dated 10th March 2005 [by Act] [Mr Secretary Reid].

3    Pensions,—(1) Pensions Increase (Civil Service Injury Benefits Scheme) Regulations 2005 (S.I., 2005, No. 698), dated 14th March 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Stephen Timms];

    (2) Pension Protection Fund (Appointment of Ordinary Members) Regulations 2005 (S.I., 2005, No. 616), dated 9th March 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Johnson];

    (3) Pensions Regulator (Freezing Orders and Consequential Amendments) Regulations 2005 (S.I., 2005, No. 686), dated 11th March 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Johnson]; and

    (4) Pensions Regulator Tribunal Rules 2005 (S.I., 2005, No. 690), dated 10th March 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy].

4    Pensions (Northern Ireland),—Pensions Appeal Tribunals (Northern Ireland) (Amendment) Rules 2005 (S.R.(N.I.), 2005, No. 108), dated 14th March 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy].

5    Social Security,—Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2005 (S.R.(N.I.), 2005, No. 59), dated 1st March 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy].

Other Papers:

6    Air Force (Constitution),—(1) Amendment to the Rates of Pay, Allowances and Pensions of the Royal Air Force [by Act], with an Explanatory Memorandum [by Command];

    (2) Air Publication 3392—Royal Air Force Manual of Personnel Administration Volume 2, Pay and Personnel (Second Edition) [by Act]; and

    (3) Air Publication 3392—Royal Air Force Manual of Personnel Administration Volume 3, Allowances (Second Edition) [by Act]

    [Mr Secretary Hoon].

7    Reserve Forces,—(1) Amendment to the Rates of Pay, Bounty and Allowances of the Royal Air Force Reserve and Royal Auxiliary Air Force; and

    (2) Amendment List 11 to Regulations for the Reserve Air Forces (Air Publication 3392, Volume 7 (First Edition))

    [by Act] [Mr Secretary Hoon].

APPENDIX II

Standing Committees

1    Draft Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2005,—The Committee of Selection has discharged Mr Roger Berry and Tom Cox from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr Mark Lazarowicz and Mr David Marshall.

2    Draft Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005,—The Committee of Selection has discharged Mr Fabian Hamilton, Mr Doug Henderson and Alan Howarth from the Sixth Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations) and nominated in substitution Mr Vernon Coaker, Mr Tom Harris and Lawrie Quinn.

3    Draft Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) (Amendment) Order 2005 and the draft Open-Ended Investment Companies (Amendment) Regulations 2005,—The Committee of Selection has discharged Mr Tony McWalter from the Eighth Standing Committee on Delegated Legislation (nominated in respect of the draft Order and draft Regulations) and nominated in substitution Mr David Borrow.

4    Draft Non-Domestic Rating (Chargeable Amounts) (England) (Amendment) Regulations 2005,—The Committee of Selection has discharged Rob Marris from the Tenth Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations) and nominated in substitution Mr Adrian Bailey.

APPENDIX III

Reports from Select Committees

1    Constitutional Affairs,—Fifth Report from the Constitutional Affairs Committee [Legal aid: asylum appeals], 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. 276-I and -II] [Mr A. J. Beith].

2    Culture, Media and Sport,—Fifth Report from the Culture, Media and Sport Committee [Theatre], 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. 254] [Sir Gerald Kaufman].

3    Defence, Foreign Affairs, International Development and Trade and Industry,—First Joint Report from the Defence, Foreign Affairs, International Development and Trade and Industry Committees [Strategic Export Controls], being the Fifth Report from the Defence Committee, the Fifth Report from the Foreign Affairs Committee, the Fourth Report from the International Development Committee and the Eleventh Report from the Trade and Industry Committee, together with Appendices to the Minutes of Evidence taken before the Committees; to be printed, with the Minutes of Proceedings relating to the Report [No. 145] [Mr Roger Berry].

4    Education and Skills,—Sixth Report from the Education and Skills Committee [National Skills Strategy: 14-19 Education], 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. 37-I and -II] [Mr Barry Sheerman].

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

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

    [Mr Jimmy Hood].

6    Foreign Affairs,—(1) Fourth Report from the Foreign Affairs Committee [Human Rights Annual Report 2004], 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. 109]; and

    (2) Memoranda laid before the Committee [Foreign and Commonwealth Annual Report 2004-05]; to be printed [No. 436]

    [Mr Donald Anderson].

7    International Development,—Minutes of Evidence taken before the International Development Committee, together with Appendices [Conflict and Development]; to be printed [No. 464-i] [Tony Baldry].

8    Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—(1) First Special Report from the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee [Government Response to the Committee's First Report of Session 2004-05, on the Draft Regional Assemblies Bill]; to be printed [No. 459]; and

    (2) Minutes of Evidence taken before the Committee [The Role and Effectiveness of the Local Government Ombudsmen]; to be printed [No. 458-i]

    [Andrew Bennett].

9    Statutory Instruments,—Twelfth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 66-xii] [Brian White].

10    Trade and Industry,—Twelfth Report from the Trade and Industry Committee [Fuel Prices], 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. 279] [Mr Martin O'Neill].

11    Treasury,—(1) Fifth Report from the Treasury Committee [Cash machine charges], 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. 191]; and

    (2) Memoranda laid before the Committee [Cash machine charges]

    [Mr John McFall].

12    Welsh Affairs,—Fourth Report from the Welsh Affairs Committee [Police Service, Crime and Anti-Social Behaviour in Wales], 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. 46] [Mr Martyn Jones].

[W.H., No. 32]

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 Tony McNulty.)

    And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 4.19 p.m.

Sir Alan Haselhurst

Deputy Speaker

CORRIGENDA

In the Votes and Proceedings for Wednesday 9th March, in Appendix I, Item 1 (Funding Code Criteria Amendments) should have read as follows:

      Access to Justice,—Revised Funding Code prepared by the Legal Services Commission [by Act] [Mr David Lammy],

    and Item 12 (Funding Code Procedure Amendments) should not have appeared.

In the Votes and Proceedings for Monday 14th March, in Appendix I, Item 6(1), the Civil Procedure (Amendment No. 2) Rules 2005 (S.I., 2005, No. 656) should have appeared under 'Papers subject to Affirmative Resolution'.



 
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