Votes and Proceedings

House of Commons

Session 2005 - 06
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House of Commons Votes and Proceedings
Wednesday 22nd June 2005

The House met at half-past Eleven o'clock.
PRAYERS.
1    Private Bills [Lords] (Revival),—The Order of the day being read, for resuming the adjourned Debate on the Question proposed on 24th May, That so much of the Lords Message [19th May] as relates to the Liverpool City Council (Prohibition of Smoking in Places of Work) Bill [Lords] be now considered;

That this House concurs with the Lords in their Resolution;

And the Question being again proposed:—The House resumed the adjourned Debate.

And the Question being put;

Ordered, That so much of the Lords Message [19th May] as relates to the Liverpool City Council (Prohibition of Smoking in Places of Work) Bill [Lords] be now considered.

Resolved, That this House concurs with the Lords in their Resolution.

Message to the Lords to acquaint them therewith.

2    Private Bills [Lords] (Revival),—The Order of the day being read, for resuming the adjourned Debate on the Question proposed on 24th May, That so much of the Lords Message [19th May] as relates to the London Local Authorities (Prohibition of Smoking in Places of Work) Bill [Lords] be now considered;

That this House concurs with the Lords in their Resolution;

And the Question being again proposed:—The House resumed the adjourned Debate.

And the Question being put;

Ordered, That so much of the Lords Message [19th May] as relates to the London Local Authorities (Prohibition of Smoking in Places of Work) Bill [Lords] be now considered.

Resolved, That this House concurs with the Lords in their Resolution.

Message to the Lords to acquaint them therewith.

3    Fourth Standing Committee on Delegated Legislation,—John Bercow reported from the Fourth Standing Committee on Delegated Legislation the draft Unauthorised Encampments (Northern Ireland) Order 2005.

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

4    Fifth Standing Committee on Delegated Legislation,—Mr Joe Benton reported from the Fifth Standing Committee on Delegated Legislation the draft Adults with Incapacity (Scotland) Act 2000 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2005 and the draft Education (Additional Support for Learning) (Scotland) Act 2004 (Consequential Modifications) Order 2005.

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

5    Seventh Standing Committee on Delegated Legislation,—Mrs Janet Dean reported from the Seventh Standing Committee on Delegated Legislation the draft Climate Change Levy (Combined Heat and Power Stations) Regulations 2005 and the draft Climate Change Levy (Fuel Use and Recycling Processes) Regulations 2005.

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

6    Immigration, Asylum and Nationality Bill,—Mr Secretary Clarke, supported by the Prime Minister, Mr Secretary Prescott, Mr Chancellor of the Exchequer, Mr Secretary Straw, Mr Tony McNulty, Bridget Prentice and Andy Burnham, presented a Bill to make provision about immigration, asylum and nationality; and for connected purposes: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 13].

Ordered, That the Explanatory Notes relating to the Immigration, Asylum and Nationality Bill be printed [Bill 13-EN].

7    Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill,—Mr Marsha Singh, supported by Peter Bottomley, Mr Michael Clapham, Mrs Ann Cryer, Mrs Janet Dean, Mr John Grogan, Mr Fabian Hamilton, Mr Mike Hancock, Dr Brian Iddon, Mr Eric Illsley, Mr Terry Rooney and Mrs Betty Williams, presented a Bill to make provision about representation of and assistance to complainants in discrimination proceedings before employment tribunals and the Employment Appeal Tribunal; to establish and confer functions upon the Tribunal Representation and Assistance Board; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 14th October and to be printed [Bill 14].

8    Rights of Savers Bill,—Sir Malcolm Rifkind, supported by Mr David Heathcoat-Amory, Mr Nigel Waterson, Mr Tim Boswell and Mr Paul Goodman, presented a Bill to make provision about the rights and choices of savers in relation to pensions and pension schemes, annuities and savings; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 28th October and to be printed [Bill 15].

9    Armed Forces (Parliamentary Approval for Participation in Armed Conflict) Bill,—Clare Short, supported by Dr Tony Wright, Mr William Hague, Sir Menzies Campbell, Mr Kenneth Clarke, Mr Alex Salmond, Mr Douglas Hogg, Mr Neil Gerrard, Mr Gordon Prentice, Kelvin Hopkins, Mr Michael Moore and Adam Price, presented a Bill to require parliamentary approval for the participation of Her Majesty's armed forces in armed conflict and for a declaration of war; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 21st October and to be printed [Bill 16].

10    Climate Change and Sustainable Energy Bill,—Mr Mark Lazarowicz, supported by Dr Alan Whitehead, Mr Andrew Smith, Mr Peter Ainsworth, Mr Frank Doran, Andrew Stunell, Dr Desmond Turner, Mr Mike Weir, Joan Walley, Alan Simpson, Meg Hillier and Colin Challen, presented a Bill to make provision about the reduction of emissions of greenhouse gases, the alleviation of fuel poverty, the promotion of microgeneration and the introduction of a renewable heat obligation; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 11th November and to be printed [Bill 17].

11    Criminal Law (Amendment) (Protection of Property) Bill,—Miss Anne McIntosh, supported by David Davis, Patrick Mercer, Mr Dominic Grieve, Mr Frank Field, Mr Mike Hancock, Lady Hermon, Kate Hoey, Dr Richard Taylor, Mr Mark Prisk, Chris Grayling and Mr Roger Gale, presented a Bill to amend section 3 of the Criminal Law Act 1967 and section 3 of the Criminal Law Act (Northern Ireland) 1967 in relation to the use of force in the prevention of crime or in the defence of persons or property: And the same was read the first time; and ordered to be read a second time on Friday 2nd December and to be printed [Bill 18].

12    International Development (Reporting and Transparency) Bill,—Mr Tom Clarke, supported by Ann McKechin, Mr Nicholas Brown, John Barrett, Angela Browning, Mr Alex Salmond, Dan Norris, Ed Balls, Lady Hermon, Dr Hywel Francis, John Bercow and Keith Vaz, presented a Bill to require the Secretary of State to report annually on total expenditure on international development assistance as a proportion of gross national income, and in particular on progress towards the target for expenditure on official development assistance to constitute 0.7 per cent. of gross national income; to require such reports to contain information about expenditure by country, about the proportion of expenditure in low income countries and about the effectiveness of expenditure in each country; to make provision about the transparency of international development assistance; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 20th January and to be printed [Bill 19].

13    Emergency Workers (Protection) Bill,—Mr Alan Williams, supported by Derek Conway, Mrs Ann Cryer, Mr Andrew Dismore, Clive Efford, Nia Griffith, Mr David Heath, Mr Michael Mates, Ms Emily Thornberry, Jon Trickett, Mrs Betty Williams and Richard Younger-Ross, presented a Bill to make it an offence to assault or impede persons who provide emergency services; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 24th February and to be printed [Bill 20].

14    Income Tax (Earnings Exemption for Persons Living in Poverty) Bill,—Mr Geoffrey Clifton-Brown, supported by Mr John Whittingdale, Mr Iain Duncan Smith, Mr Edward Leigh, Mr Nick Herbert, Mr William Hague, Mr Peter Atkinson, Mr Peter Ainsworth, Andrew Selous, Peter Luff, Sir George Young and Mr David Curry, presented a Bill to provide that income tax is not chargeable on the earnings of persons living in poverty: And the same was read the first time; and ordered to be read a second time on Friday 14th October and to be printed [Bill 21].

15    Management of Energy in Buildings Bill,—Dr Alan Whitehead, supported by Mark Lazarowicz, Paddy Tipping, Mr John Denham, Mr Peter Ainsworth, Andrew Stunell, Mr Andrew Robathan, Joan Ruddock, Colin Challen, Annette Brooke, Dr Phyllis Starkey and Martin Salter, presented a Bill to make provision about the promotion of renewable and sustainable energy, energy efficiency in buildings and the alleviation of fuel poverty; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 11th November and to be printed [Bill 22].

16    Children's Food Bill,—Mary Creagh, supported by David Taylor, Helen Goodman, Mark Durkan, Ms Emily Thornberry, Mr Andy Reed, Mr Paul Burstow, Vera Baird, Ms Barbara Keeley, Tom Levitt, Mr Barry Sheerman and Mr Robert Walter, presented a Bill to make provision about the marketing, sale and provision of food to and for children; to make provision for education and the dissemination of information about children's diet, nutrition and health; to place certain duties on the Food Standards Agency; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 28th October and to be printed [Bill 23].

17    Road Safety and Parking Bill,—Ms Sally Keeble, supported by Miss Anne Begg, Mrs Louise Ellman, Mr Tom Clarke, Margaret Moran, Dr Brian Iddon, Mr David Kidney, Andrew Miller, Bob Russell, Peter Bottomley, Mr Brian Binley and Andrew Selous, presented a Bill to make it an offence to cause death or serious injury by careless driving; to make further provision about badges for display on motor vehicles used by disabled persons; to make provision about the safety of school transport; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 21st October and to be printed [Bill 24].

18    Crime Prevention and the Built Environment Bill,—Mr Nigel Evans, supported by David Davis, Mrs Caroline Spelman, Mr Robert Syms, Mr Tobias Ellwood, Mr Simon Burns, Mrs Cheryl Gillan, Patrick Mercer, Miss Julie Kirkbride, Mr Eric Pickles, Mr James Paice and Richard Ottaway, presented a Bill to make provision about crime prevention and the built environment: And the same was read the first time; and ordered to be read a second time on Friday 2nd December and to be printed [Bill 25].

19    Telecommunications Masts (Planning Control) Bill,—Mr David Curry, supported by Sir George Young, Alan Simpson, Mr David S. Borrow, Mr James Gray, Adam Afriyie, Mr Gary Streeter, Derek Wyatt, Andrew Stunell, Mr Phil Willis, Mr Mark Oaten and John Bercow, presented a Bill to amend the law relating to planning in connection with telecommunications masts and associated apparatus; to amend the electronic communications code in connection with telecommunications masts and associated apparatus and make further provision about that code; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 24th February and to be printed [Bill 26].

20    Occasional Sales Bill,—Mr John Whittingdale, supported by Janet Anderson, Dr Vincent Cable, Peter Luff, Chris Bryant, Mr Don Foster, Mr Hugo Swire, Jim Dowd, Pete Wishart, Mr Nigel Evans, Lembit �pik and Peter Bottomley, presented a Bill to make provision about occasional sales: And the same was read the first time; and ordered to be read a second time on Friday 14th October and to be printed [Bill 27].

21    Regulation of Laser Eye Surgery Bill,—Frank Cook, supported by Dr Ian Gibson, Mrs Gwyneth Dunwoody, Dr Richard Taylor, Mr Alan Williams, Sir George Young, John McDonnell, Roger Berry, Peter Bottomley, Kelvin Hopkins, Mr Mike Hancock and Lynne Jones, presented a Bill to regulate laser eye surgery: And the same was read the first time; and ordered to be read a second time on Friday 21st October and to be printed [Bill 28].

22    European Communities Act 1972 (Disapplication) Bill,—Mr Owen Paterson, supported by Mr William Cash, Mr David Heathcoat-Amory, Mr Frank Field, Mrs Gwyneth Dunwoody, Nick Harvey, Mr Edward Leigh, Mr Desmond Swayne, Mr Richard Shepherd, Angela Watkinson, Mrs Theresa Villiers and Mr Robert Goodwill, presented a Bill to provide that Community treaties, Community instruments and Community obligations shall only be binding in legal proceedings in the United Kingdom insofar as they do not conflict with a subsequent, expressly inconsistent enactment of the Parliament of the United Kingdom: And the same was read the first time; and ordered to be read a second time on Friday 14th October and to be printed [Bill 29].

23    Breast Cancer Bill,—Mr Shailesh Vara, supported by Mr Stephen Dorrell, Dr Ian Gibson, Bob Russell, Angela Browning, Miss Julie Kirkbride, Mr Roger Gale, Vera Baird, Mrs Ann Cryer, Dr Doug Naysmith, Annette Brooke and Dr Richard Taylor, presented a Bill to make provision about the detection and treatment of breast cancer: And the same was read the first time; and ordered to be read a second time on Friday 20th January and to be printed [Bill 30].

24    Humber Bridge Bill,—Shona McIsaac, supported by Mr Austin Mitchell, David Davis, Ms Diana R. Johnson, Mr Greg Knight, Mr Graham Stuart, Edward Miliband, Mr Phil Willis, Mr John Grogan and Mr Edward Leigh, presented a Bill to amend the Humber Bridge Act 1959; to require the Secretary of State to give directions to certain members of the Humber Bridge Board in relation to healthcare; to require the Secretary of State to review the desirability of facilitating journeys across the Humber Bridge in relation to healthcare; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 20th January and to be printed [Bill 31].

25    Professional Football (Supporter Involvement) Bill,—Mr John Grogan, supported by Tony Lloyd, Joan Walley, Nick Harvey, John Mann, Shona McIsaac, Mr Mike Hall, Dr Alan Whitehead, Stephen Hesford, Jon Trickett, Mr Clive Betts and Mr Marsha Singh, presented a Bill to make provision about supporter involvement in professional football clubs; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 24th February and to be printed [Bill 32].

26    Prohibition of Abortion (England and Wales) Bill,—Mr Laurence Robertson, supported by Mr David Amess, Mr Julian Brazier and Sir Nicholas Winterton, presented a Bill to prohibit the aborting of foetuses in England and Wales unless the mother's life is at risk, or where conception has been caused by rape; to make it an imprisonable offence for anyone to carry out an abortion other than in those circumstances; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 21st October and to be printed [Bill 33].

27    Opposition Day (2nd 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.

Special Schools and Special Needs Education,—A Motion was made, and the Question being proposed, That this House believes that special schools play a vital role in meeting the needs of children with learning difficulties, and that parents should have more choice between special and mainstream schools; further believes that the Government should hold a proper review of the provision of special educational needs to cover concerns about the statementing process, the continued closure of special schools, concerns about bias in the law and central government pressure to pursue policies of inclusion when they are not always appropriate; and calls for a moratorium on special school closures until such a review has been published and properly debated—(Mr David Cameron);

An Amendment was proposed to the Question, in line 3, to leave out from the word 'difficulties' to the end of the Question and add the words 'acknowledges that parents may want mainstream or special schools for their children and notes that under the current statutory framework they have the right to express a preference for either; welcomes the Government's commitment to improving the range and quality of provision for children with special educational needs through its special educational needs strategy, Removing Barriers to Achievement, which followed wide consultation and a separate review of the role of special schools; rejects the call for further reviews and a moratorium on closures of special schools, since this would stifle reorganisation of local provision to meet changing patterns of need and halt the development of effective collaboration between mainstream and special schools; welcomes the Government's audit of provision for low incidence needs since it will contribute to more effective planning; and welcomes its determination to ensure that all children with SEN are able to realise their potential, wherever they are taught', instead thereof.—(Jacqui Smith.)

And the Question being put, That the original words stand part of the Question;

The House divided.

Tellers for the Ayes, Gregory Barker, Mr Peter Atkinson: 176.

Tellers for the Noes, Mr Ian Cawsey, Gillian Merron: 349.

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.

And the Main Question, as amended, being put;

Resolved, That this House believes that special schools play a vital role in meeting the needs of children with learning difficulties, acknowledges that parents may want mainstream or special schools for their children and notes that under the current statutory framework they have the right to express a preference for either; welcomes the Government's commitment to improving the range and quality of provision for children with special educational needs through its special educational needs strategy, Removing Barriers to Achievement, which followed wide consultation and a separate review of the role of special schools; rejects the call for further reviews and a moratorium on closures of special schools, since this would stifle reorganisation of local provision to meet changing patterns of need and halt the development of effective collaboration between mainstream and special schools; welcomes the Government's audit of provision for low incidence needs since it will contribute to more effective planning; and welcomes its determination to ensure that all children with SEN are able to realise their potential, wherever they are taught.

Electoral Integrity and Democratic Accountability,—A Motion was made, and the Question being proposed, That this House believes that the Government should rule out future use of all-postal voting and that any pilot schemes should be subject to explicit parliamentary ratification; regrets the unwillingness of the Government to adopt in mainland Britain the tried and tested Northern Ireland system of individual voter registration; condemns the Government's constitutional changes which have undermined democratic accountability, such as the introduction of proportional representation; and further believes that urgent steps are needed to restore public confidence and integrity in the electoral system and to increase the accountability of government—(Mr Oliver Heald);

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 'believes that the General and local elections were safe and secure, and produced results that were fair and accurate; recognises that public confidence in the electoral process is paramount; and believes that the Government's constitutional changes have strengthened democratic accountability, bringing our institutions closer to the people', instead thereof.—(Ms Harriet Harman.)

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;

The House divided.

Tellers for the Ayes, Mr Peter Atkinson, Gregory Barker: 175.

Tellers for the Noes, Mr Tom Watson, Tony Cunningham: 361.

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);

The House divided.

Tellers for the Ayes, Mr Tom Watson, Tony Cunningham: 300.

Tellers for the Noes, Mr Peter Atkinson, Gregory Barker: 226.

So the Question was agreed to.

The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to.

Resolved, That this House believes that the General and local elections were safe and secure, and produced results that were fair and accurate; recognises that public confidence in the electoral process is paramount; and believes that the Government's constitutional changes have strengthened democratic accountability, bringing our institutions closer to the people.

28    Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Gillian Merron);

And the Motion having been made after Seven o'clock, and the Debate having continued for half an hour, the Deputy Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then two minutes to Eight o'clock, till to-morrow.
[Adjourned at 7.58 p.m.
Michael J. Martin

Speaker

Mr Speaker will take the Chair at half-past Ten o'clock.

APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1    Civil Partnership,—Draft Civil Partnership (Amendments to Registration Provisions) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [John Healey].

2    Pensions,—(1) Draft Financial Assistance Scheme Regulations 2005; and

(2) draft Financial Assistance Scheme (Internal Review) Regulations 2005

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

Papers subject to Negative Resolution:

3    Electricity,—Electricity and Gas Appeals (Designation and Exclusion) Order 2005 (S.I., 2005, No. 1646), dated 18th June 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Alan Johnson].

4    Legal Aid and Advice,—Legal Aid in Criminal Proceedings (Costs) (Amendment No.2) Rules (Northern Ireland) 2005 (S.R. (N.I.), 2005, No. 307), dated 16th June 2005 [by Act], with an Explanatory Memorandum [by Command] [Bridget Prentice].

Other Papers:

5    Northern Ireland,—Paper, entitled Review of the State Pathologist's Department in Northern Ireland by Criminal Justice Inspection Northern Ireland [by Command] [Mr Secretary Hain].

6    Treaty Series (No. 26, 2005),—Exchange of Notes, done at Belgrade on 8th and 9th August 2002, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Federal Republic of Yugoslavia concerning Certain Commercial Debts (The United Kingdom/Federal Republic of Yugoslavia Debt Agreement No. 1 (2001)) [Cm. 6589] [Mr Secretary Straw].

Papers withdrawn:

7    Access to Justice,—Revised Funding Code prepared by the Legal Services Commission [laid 21st June].

8    Crown Proceedings,—Draft Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005 [laid 20th June].

APPENDIX II

Standing Committees

1    Transport (Wales) Bill:

(1) The Speaker has allocated the Bill to Standing Committee D and has appointed Miss Anne Begg and Ann Winterton Chairmen; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Nick Ainger, Kevin Brennan, David T. C. Davies, Nia Griffith, Huw Irranca-Davies, Mrs Si�n C. James, Mr David Jones, Mr Martyn Jones, Lembit �pik, Chris Ruane, Mr David Ruffley, John Smith, Bill Wiggin, Mrs Betty Williams, Hywel Williams and Mr Roger Williams.

2    Racial and Religious Hatred Bill:

(1) The Speaker has allocated the Bill to Standing Committee E and has appointed Mr Edward O'Hara and Mr David Amess Chairmen; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Greg Barker, Chris Bryant, Mr Alan Campbell, Mr Alistair Carmichael, Harry Cohen, Phillip Davies, Lynne Featherstone, Mr Dominic Grieve, Paul Goggins, Mr Sadiq Khan, Mr Khalid Mahmood, Mr Shahid Malik, Sir Peter Soulsby, Mr Gary Streeter, Ms Emily Thornberry and Mr Charles Walker.

3    Draft Unauthorised Encampments (Northern Ireland) Order 2005,—The Committee of Selection has discharged John Austin, Mr Kevin Barron, Bill Etherington and Angela E. Smith from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations) and nominated in substitution Ann Coffey, Mr Neil Gerrard, Mr David Hanson and Ian Stewart.

4    Draft Climate Change Levy (Combined Heat and Power Stations) Regulations 2005 and the draft Climate Change Levy (Fuel Use and Recycling Processes) Regulations 2005,—The Committee of Selection has discharged Ms Diane Abbott from the Seventh Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations) and nominated in substitution Mr Robert Flello.

CHAIRMEN'S PANEL
In pursuance of Standing Order No. 4 (Chairmen's Panel) the Speaker has nominated Mr Greg Pope and Mrs Joan Humble to be members of the Chairmen's Panel during this Session.
[W.H., No. 9]

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 Dave Watts.)
And accordingly the sitting was adjourned till to-morrow.
[Adjourned at 5.13 p.m.
Sir Alan Haselhurst

Deputy Speaker



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