Votes and Proceedings

House of Commons

Session 2005 - 06
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House of Commons Votes and Proceedings
Wednesday 9th November 2005

The House met at half-past Eleven o'clock.
PRAYERS.
1    First Standing Committee on Delegated Legislation,—John Bercow reported from the First Standing Committee on Delegated Legislation the draft Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005, the draft Civil Partnership (House of Commons Members' Fund) Order 2005, the draft Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005 and the draft Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005.

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

2    Second Standing Committee on Delegated Legislation,—Mr Bill Olner reported from the Second Standing Committee on Delegated Legislation the Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2005 (S.I., 2005, No. 2558).

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

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

That the Committee takes note of European Union Document No. 10514/05, draft Council Regulation on the common organisation of the markets in the sugar sector, and draft Council Regulation amending Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the Common Agricultural Policy and establishing certain support schemes for farmers, and draft Council Regulation establishing a temporary scheme for the restructuring of the sugar industry in the European Community and amending Regulation (EC) No. 1258/1999 on the financing of the Common Agricultural Policy; and supports the Government's objective of achieving a more sustainable, market-based approach, in line with the reforms already agreed in June 2003 and April 2004 in other sectors, and consistent with the European Union's wider trade and development objectives.

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:

Charities Bill [Lords],—The Lords have passed a Bill to provide for the establishment and functions of the Charity Commission for England and Wales and the Charity Tribunal; to make other amendments of the law about charities, including provision about charitable incorporated organisations; to make further provision about public charitable collections and other fund-raising carried on in connection with charities and other institutions; to make other provision about the funding of such institutions; and for connected purposes; to which the Lords desire the concurrence of this House.

5    Charities Bill [Lords],—The Charities Bill [Lords] was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 83].

Ordered, That the Explanatory Notes relating to the Charities Bill [Lords] be printed [Bill 83-EN].

6    Northern Ireland (Offences) Bill,—Mr Secretary Hain, supported by the Prime Minister, Mr Chancellor of the Exchequer, Mr Secretary Clarke, Mr David Hanson, Mr Shaun Woodward and Bridget Prentice, presented a Bill to make special provision about certain offences committed, or alleged to have been committed, before 10th April 1998 in connection with terrorism and the affairs of Northern Ireland; and to provide for the amendment of the Northern Ireland (Sentences) Act 1998: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 81].

Ordered, That the Explanatory Notes relating to the Northern Ireland (Offences) Bill be printed [Bill 81-EN].

7    Prison Reform (Mental Health),—Ordered, That leave be given to bring in a Bill to make provision for the mental health and special learning needs of convicted prisoners; and for connected purposes: And that Charles Hendry, Peter Bottomley, James Brokenshire, Annette Brooke, Chris Bryant, Mr Edward Garnier, Mr Dominic Grieve, Mrs Eleanor Laing, Julie Morgan, Mr Andrew Lansley and Tim Loughton do prepare and bring it in.

8    Prison Reform (Mental Health) Bill,—Charles Hendry accordingly presented a Bill to make provision for the mental health and special learning needs of convicted prisoners; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 14th July and to be printed [Bill 82].

9    Terrorism Bill (Programme) (No. 2),—A Motion was made, and the Question being put, That the Order of 26th October 2005 (Terrorism Bill (Programme)) be varied as follows:

For paragraph 3 (proceedings on consideration) substitute—

'3. Proceedings on consideration shall be taken in the order shown in the first column of the following Table and shall be brought to a conclusion (so far as not previously concluded) at the times specified in the second column.

Proceedings
Time for conclusion of proceedings

Amendments relating to Clause No. 23, new Clauses
Three hours after the commencement of proceedings on consideration.

Amendments relating to Clauses Nos. 1 to 22, remaining proceedings on consideration
Three hours after the commencement of proceedings on Amendments relating to Clause No. 1.'

—(Mr Secretary Clarke);

The House divided.

Tellers for the Ayes, Kevin Brennan, Mr John Heppell: 317.

Tellers for the Noes, Mr Crispin Blunt, Mr David Evennett: 213.

So the Question was agreed to.

10    Terrorism Bill,—The House, according to Order, proceeded to consider the Terrorism Bill, as amended in the Committee.

Amendment (No. 51) proposed to the Bill, in page 22, line 7, to leave out the word 'special'.—(Mr Secretary Clarke.)

Question proposed, That the Amendment be made.

And it being three hours after the commencement of proceedings on the Bill, the Speaker put the Question already proposed from the Chair:—It was agreed to.

The Speaker then proceeded to put the Question on Amendments moved by a Minister of the Crown to be disposed of at that hour.

Amendments (Nos. 52 to 54) made to the Bill.

The Speaker then proceeded to put the Questions on Amendments selected for separate decision to be disposed of at that hour.

Another Amendment (No. 55) proposed to the Bill, in page 22, line 19, to leave out the words 'three months' and insert the words 'ninety days', instead thereof.—(Mr Secretary Clarke.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Mr Ian Cawsey, Mr Dave Watts: 291.

Tellers for the Noes, Mr Peter Atkinson, Mr Crispin Blunt: 322.

So the Question was negatived.

Another Amendment (No. 1) proposed to the Bill, in page 22, line 19, to leave out the words 'three months' and insert the words '28 days', instead thereof.—(Mr David Winnick.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Mr Neil Gerrard, Kelvin Hopkins: 323.

Tellers for the Noes, Mr Ian Cawsey, Mr Dave Watts: 290.

So the Question was agreed to.

The Speaker then proceeded to put the Question on Amendments moved by a Minister of the Crown to be disposed of at that hour.

Other Amendments (Nos. 56 to 60) made to the Bill.

The Speaker then proceeded to put the Question on a new Clause selected for separate decision to be disposed of at that hour.

A Clause (NC1) (Extension of period of detention by judicial authority: duration)—(Mr David Winnick)—brought up and added to the Bill.

Another Amendment (No. 34) proposed to the Bill, in page 1, line 5, to leave out subsection (1) and insert the words—

'(A1) This section applies to a statement that is likely to be understood by members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to the commission, preparation or instigation of acts of terrorism or Convention offences.

(1) A person commits an offence if—

(a) he publishes a statement to which this section applies or causes another to publish such a statement on his behalf; and

(b) at the time he does so, he intends the statement to be understood as mentioned in subsection (A1) or is reckless as to whether or not it is likely to be so understood.

(1A) For the purposes of this section the cases in which a person is to be taken as reckless as to whether a statement is likely to be understood as mentioned in subsection (A1) include any case in which he could not reasonably have failed to be aware of that likelihood.', instead thereof.—(Hazel Blears.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Claire Ward, Mr Parmjit Dhanda: 318.

Tellers for the Noes, Mr Crispin Blunt, Mr Peter Atkinson: 276.

So the Question was agreed to.

Another Amendment (No. 3) proposed to the Bill, in page 1, line 15, to leave out subsection (2).—(Mr Dominic Grieve.)

Question proposed, That the Amendment be made.

And it being three hours after the commencement of proceedings on Amendments relating to Clause No. 1, the Deputy Speaker put the Question already proposed from the Chair.
The House divided.
Tellers for the Ayes, Mr Crispin Blunt, Mr Peter Atkinson: 280.

Tellers for the Noes, Claire Ward, Mr Parmjit Dhanda: 305.
So the Question was negatived.
The Deputy Speaker then proceeded to put the Question on the remaining Amendments moved by a Minister of the Crown.

Other Amendments (Nos. 35 to 50 and 62) made to the Bill.

Ordered, That the Bill be read the third time to-morrow; and be printed [Bill 84].

11    Nominal Quantities for Pre-Packed Products,—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. 15570/04, Draft Directive laying down rules on nominal quantities for pre-packed products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC; and supports the Government's aim of substantial deregulation, so that most products should be free from restrictions as to quantity—(Gillian Merron):—It was agreed to.

12    Public Petitions,—Public Petitions from—

(1) supporters of the Isitfair Council Tax protest campaign for a fair and equitable replacement for council tax [three Petitions]; and

(2) Christopher Gill, Matthew R. Illsley and others against the Identity Cards Bill;

were presented and read; and ordered to lie upon the Table and to be printed.

13    Adjournment,—Resolved, That this House do now adjourn.—(Gillian Merron.)

And accordingly, the House, having continued to sit till one minute past Nine o'clock, adjourned till to-morrow.
[Adjourned at 9.01 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    Animals,—Draft Animal Health Act 1981 (Amendment) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett].

2    Constitutional Law,—Draft Scotland Act 1998 (Modifications of Schedule 5) (No. 3) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Alan Johnson].

3    Police,—Draft Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

Papers subject to Negative Resolution:

4    Competition,—Monopolies and Restrictive Practices (Dental Goods), (Imported Hardwood and Softwood Timber) and (Estate Agents) (Revocation) Order 2005 (S.I., 2005, No. 3103), dated 1st November 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Alan Johnson].

5    Food,—Bovine Products (Restriction on Placing on the Market) (England) (No. 2) Regulations 2005 (S.I., 2005, No. 3068), dated 24th October 2005 [by Act] [Ms Secretary Hewitt].

6    Immigration,—Statement of Changes in Immigration Rules [by Act], with an Explanatory Memorandum [by Command]; to be printed [No. 645] [Mr Secretary Clarke].

7    Police,—National Police Records (Recordable Offences) (Amendment) Regulations 2005 (S.I., 2005, No. 3106), dated 6th November 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

8    Social Security,—Social Security (Retirement Pensions and Graduated Retirement Benefit) (Widowers and Civil Partnership) Regulations 2005 (S.I., 2005, No. 3078), dated 3rd November 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hutton].

Other Papers:

9    Air Force (Constitution),—Amendment to the Queen's Regulations for the Royal Air Force relating to New Administrative Action Procedures [by Act] [Secretary John Reid].

10    Education,—Report on Powers to Facilitate Innovation for the academic year 2004-05 [by Act] [Secretary Ruth Kelly].

11    Northern Ireland,—Report and Accounts of the Labour Relations Agency for Northern Ireland for 2004-05, with the Report of the Comptroller and Auditor General for Northern Ireland [by Statutory Instrument]; to be printed [No. 508] [Mr Secretary Hain].

12    Treaty Series (No. 38, 2005),—Implementation Agreement, done at London on 7th July 2005 and Moscow on 12th July 2005 and Supplemental Implementation Agreement done at London on 26th July 2005 and Moscow on 28th July 2005, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Russian Federation concerning the Partial Prepayment of Certain Debt Obligations of the Government of the Russian Federation [by Command] [Cm. 6684] [Mr Secretary Straw].

APPENDIX II

Standing Committees

1    Council Tax (New Valuation Lists for England) Bill:

(1) The Speaker has allocated the Bill to Standing Committee A; and

(2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Mr David Burrowes, Mr Mark Hendrick, Kelvin Hopkins, David Howarth, Mr George Howarth, Mr Peter Kilfoyle, Mrs Maria Miller, Chris Mole, Mr Mark Prisk, Mr Si�n Simon, Graham Stringer, Mr Robert Syms, Sarah Teather, Mr Neil Turner, Mr Charles Walker, Mr Dave Watts and Mr Phil Woolas.

2    Draft Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005, the draft Civil Partnership (House of Commons Members' Fund) Order 2005, the draft Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005 and the draft Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005,—The Committee of Selection has discharged Lyn Brown and Mr David Heath from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Orders and draft Regulations) and nominated in substitution Sandra Gidley and Mr Iain Wright.

3    Draft Criminal Justice Act 2003 (Commencement No. 12 and Transitory Provisions) 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: Charlotte Atkins, Ed Balls, Mr Brian Binley, Peter Bottomley, Mr Tobias Ellwood, Mr Edward Garnier, Andrew Gwynne, Mr David Heath, Mr David Kidney, Fiona Mactaggart, Edward Miliband, Dan Norris, Mr Mark Oaten, Mr Mike O'Brien, Mr Mark Prisk and Joan Ryan.

4    Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2005 (S.I., 2005, No. 2558),—The Committee of Selection has discharged Mrs Louise Ellman from the Second Standing Committee on Delegated Legislation (nominated in respect of the Order) and nominated in substitution Mr Tom Harris.

5    Draft Employment (Miscellaneous Provisions) (Northern Ireland) Order 2005:

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

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Henry Bellingham, Lorely Burt, Mr Vernon Coaker, David T. C. Davies (Monmouth), Mr Brian H. Donohoe, Michael Jabez Foster, Dr Ian Gibson, Helen Goodman, Michael Gove, Mr David Hamilton, Lynne Jones, Mr David Lidington, Mike Penning, David Simpson, Angela E. Smith (Basildon) and Lynda Waltho.

6    Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 (S.I., 2005, No. 2042),—The Committee of Selection has discharged Mr John McFall from the Third Standing Committee on Delegated Legislation (nominated in respect of the Regulations) and nominated in substitution Mr Iain Wright.

7    Draft European Communities (Definition of Treaties) (WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty) 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 Tom Clarke, Jeremy Corbyn, Mr Parmjit Dhanda, Mr David Evennett, Barry Gardiner, Mr Bruce George, Mr Philip Hammond, Charles Hendry, Meg Hillier, Mr Nick Hurd, Mr Michael Jack, Norman Lamb, Jessica Morden, Mr Alan Reid, Ian Stewart and Emily Thornberry.

8    Draft New Opportunities Fund (Specification of Initiatives) (No. 2) Order 2005,—The Committee of Selection has discharged Sir Gerald Kaufman, Mr Austin Mitchell, Dr Doug Naysmith and Derek Wyatt from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mrs Louise Ellman, Alan Keen, Mr Bob Laxton and Sarah McCarthy-Fry.

9    Draft Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005:

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

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Crispin Blunt, Lyn Brown, Mr Simon Burns, Caroline Flint, Mr Dai Havard, Robert Key, Mr Peter Lilley, Mr John Maples, Gillian Merron, Mr Austin Mitchell, Mr Chris Mullin, Sir Peter Soulsby, Dr Rudi Vis, Steve Webb, Stephen Williams and Mr Iain Wright.

10    Tryptophan in Food (England) Regulations 2005 (S.I., 2005, No. 2630):

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

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Crispin Blunt, Mr Simon Burns, Mr Ronnie Campbell, Caroline Flint, Mr Fabian Hamilton, Mr Lindsay Hoyle, Kerry McCarthy, Rob Marris, Gillian Merron, Mrs Madeleine Moon, Mr Brooks Newmark, Mr Andrew Pelling, John Penrose, Steve Webb, Stephen Williams and Mr Iain Wright.

11    Accession (Immigration and Worker Registration) (Amendment) Regulations 2005 (S.I., 2005, No. 2400):

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

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Andy Burnham, Linda Gilroy, Andrew Gwynne, Martin Horwood, Dr Brian Iddon, Helen Jones, Steve McCabe, Mr Humfrey Malins, Albert Owen, Mike Penning, Mr Mark Prisk, Mr Dan Rogerson, Joan Ryan, Mr Richard Shepherd, Mr John Spellar and Bob Spink.

12    Draft Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2005, the draft Family Procedure (Modification of Enactments) Order 2005 and the Revised Funding Code prepared by the Legal Services Commission:

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

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Henry Bellingham, Kevin Brennan, Mr David Burrowes, Ben Chapman, Mr Jim Devine, Ms Harriet Harman, Mr David Heath, Martin Linton, Mr Alan Meale, Margaret Moran, Gwyn Prosser, Dr Howard Stoate, Mr Graham Stuart, Andrew Stunell, Mr Ian Taylor and Mr Edward Vaizey.

13    Draft Financial Assistance Scheme (Appeals) Regulations 2005 and the draft Financial Assistance Scheme (Modifications and Miscellaneous Amendments) 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: Danny Alexander, Gordon Banks, John Battle, Colin Challen, Jim Dobbin, Mr John Heppell, Ms Diana R. Johnson, Mr Sadiq Khan, Mr David Laws, Mr John Randall, Mr Stephen Timms, Peter Viggers, Mrs Theresa Villiers, Mr Ben Wallace, Mr Nigel Waterson and Dr Alan Whitehead.

    Grand Committees

14    Northern Ireland Grand Committee,--The Committee of Selection has discharged Anne Moffat from the Northern Ireland Grand Committee and nominated in substitution Lynda Waltho.

    European Standing Committees

15    European Union Document No. 10514/05 relating to the Common Agricultural Policy: Reform of the Sugar Sector,—The Committee of Selection has discharged Mr Vernon Coaker, Meg Hillier and Jessica Morden from the European Standing Committee (nominated in respect of the Document) and nominated in substitution Tony Cunningham, Jonathan Shaw and Mr Anthony Wright (Great Yarmouth).

16    European Union Document No. 12790/05 relating to Reducing the Climate Change Impact of Aviation,— The Committee of Selection has nominated thirteen Members to serve on the European Standing Committee in respect of the Document: Adam Afriyie, Mr Peter Atkinson, Norman Baker, Ms Karen Buck, Mr Vernon Coaker, Jim Dowd, Mr Stephen Hepburn, Mrs Si�n C. James, Mr Pat McFadden, Mr Elliot Morley, Paul Rowen, Bill Wiggin and Mr Tim Yeo.

17    European Union Documents Nos. 13686/04, 13687/04, 13688/04, 13689/04 and 13690/04 relating to EC External Action-New Instruments for Co-operation,—The Committee of Selection has discharged Secretary Hilary Benn from the European Standing Committee (nominated in respect of the Documents) and nominated in substitution Mr Gareth Thomas.

18    European Union Document No. 11288/05, relating to the European Evidence Warrant, has been referred to European Standing Committee B.

APPENDIX III

Reports from Select Committees

1    Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [The Work of Ofsted]; to be printed [No. 480-i] [Mr Barry Sheerman].

2    Environment, Food and Rural Affairs,—Second Report from the Environment, Food and Rural Affairs Committee [Reform of the EU Sugar Regime], 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. 585] [Mr Michael Jack].

3    Environmental Audit,—Minutes of Evidence taken before the Environmental Audit Committee [Keeping the Lights on: Nuclear, Renewables and Climate Change]; to be printed [No. 584-iv] [Mr Peter Ainsworth].

4    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. 34-ix]; and

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

[Jimmy Hood].

5    Foreign Affairs,—Minutes of Evidence taken before the Foreign Affairs Committee [Foreign and Commonwealth Office Annual Report 2004-2005]; to be printed [No. 522-iii] [Mike Gapes].

6    Northern Ireland Affairs,—Minutes of Evidence taken before the Northern Ireland Affairs Committee [The Police Service of Northern Ireland]; to be printed [No. 665] [Sir Patrick Cormack].

7    Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [Assessing and reporting military readiness]; to be printed [No. 667-i] [Mr Edward Leigh].

8    Statutory Instruments,—Eighth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 35-viii] [Mr Eric Forth].

9    Transport,—Minutes of Evidence taken before the Transport Committee [Going for Gold: Delivering Excellent Transport for London's 2012 Olympic Games]; to be printed [No. 588-iii] [Mrs Gwyneth Dunwoody].

10    Treasury,—Minutes of Evidence taken before the Sub-Committee of the Treasury Committee [Office for National Statistics: Annual Report and Accounts 2004-05]; to be printed [No. 666-i] [Mr John McFall].

11    Work and Pensions,—Minutes of Evidence taken before the Work and Pensions Committee [Jobcentre Plus]; to be printed [No. 619] [Mr Terry Rooney].

[W.H., No. 35]

Minutes of Proceedings of the Sitting in Westminster Hall

The sitting began at half-past Nine o'clock.
Adjournment,—A Motion was made, and the Question being proposed, That the sitting be now adjourned—(Mr John Heppell);
And three Members not being present, the Chairman adjourned the proceedings without Question put, till to-morrow.
[Adjourned at 4.57 p.m.
Sir Alan Haselhurst

Deputy Speaker