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House of Commons
Session 2005 - 06
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House of Commons Votes and Proceedings
Monday 14th November 2005

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

PRAYERS.

1    First Standing Committee on Delegated Legislation,—Mr Christopher Chope reported from the First Standing Committee on Delegated Legislation the draft Criminal Justice Act 2003 (Commencement No. 12 and Transitory Provisions) Order 2005.

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

2    European Standing Committee,—Mrs Janet Dean reported from a European Standing Committee the following Resolution:

    That the Committee takes note of European Union Document No. 12197/05, Draft Council Decision authorising the placing on the market of foods and food ingredients from genetically modified maize line MON863 as novel foods or novel food ingredients under Regulation (EC) No. 258/97; and supports the Government's view that products derived from this maize meet the necessary requirements for authorisation under Regulation (EC) No. 258/97.

    Resolution to lie upon the Table.

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

3    Violent Crime Reduction Bill,—The House, according to Order, proceeded to consider the Violent Crime Reduction Bill, as amended in the Standing Committee.

    A Clause (NC9) (Power to search further education students for weapons)—(Hazel Blears)—brought up, read the first and second time and added to the Bill.

    Another Clause (NC1) (Crime and Disorder Act 1998 (amendment))—(Mr Humfrey Malins)—brought up and read the first time.

    Question put, That the Clause be read a second time.

The House divided.

      Tellers for the Ayes, Mr Peter Atkinson, Michael Fabricant: 155.

      Tellers for the Noes, Tony Cunningham, Mr Tom Watson: 327.

    Another Clause (NC2) (Criminal Justice Act 1988 (amendment))—(Mr Humfrey Malins)—brought up and read the first time.

    Question put, That the Clause be read a second time.

The House divided.

      Tellers for the Ayes, Michael Fabricant, Mr John Randall: 199.

      Tellers for the Noes, Mr Ian Cawsey, Tony Cunningham: 277.

    Amendment (No. 28) proposed to the Bill, in page 2, line 20, at the end, to insert the words—

    '(5) Before making a drinking banning order, a court may receive a report from an appropriate officer about the proposed subject of the order, which contains information about the subject and, in particular, about whether there is any reason to suspect that he may be—

      (a) suffering from substance addiction (including alcohol dependence);

      (b) a person falling within section 1 of the Mental Health Act 1983; or

      (c) suffering from any other recognised physical or mental illness or condition which could either—

      (i) affect his ability to restrict his intake of alcohol,

      (ii) cause him to engage in criminal conduct while under the influence of alcohol, or

      (iii) affect his ability to comply with a drinking banning order.

    (6) In subsection (5) above "an appropriate officer" means—

      (a) where the proposed subject is aged 18 or over, an officer of the National Offender Management Service, a doctor or a social worker of a local authority social services department;

      (b) where the proposed subject is aged under 18, a social worker of a local authority social services department or a member of a youth offending team.

    (7) If the court determines that the proposed subject of a drinking banning order may be a person falling within subsection (5)(a) to (c) above, the court shall not make a drinking banning order unless satisfied, on receipt of medical evidence, that—

      (a) his ability to understand and comply with the order will not be significantly restricted by reason of his being a person falling within subsection (5)(a) to (c) above; and

      (b) compliance with the order, either alone or in combination to any other order or sentence to which he is subject, would not have a deleterious effect on his mental or physical health.'.—(Lynne Featherstone.)

    Question put, That the Amendment be made.

The House divided.

      Tellers for the Ayes, Sir Robert Smith, Jo Swinson: 190.

      Tellers for the Noes, Mr Ian Cawsey, Mr Parmjit Dhanda: 286.

    Amendments (Nos. 42 and 43) made to the Bill.

    Another Amendment (No. 38) proposed to the Bill, in page 10, line 25, after the word 'retail', to insert the words ', provided that the premises have been proven to contribute to alcohol-related disturbances'.—(Lynne Featherstone.)

    Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.

    Another Amendment (No. 18) proposed to the Bill, in page 10, line 28, at the end, to insert the words ', provided that no charges shall be payable by any persons or clubs unless the local authority is satisfied on the basis of evidence that it is reasonable to impose charges on those particular persons or clubs.'.—(Mr Humfrey Malins.)

    Question put, That the Amendment be made.

The House divided.

      Tellers for the Ayes, Mr John Randall, Michael Fabricant: 183.

      Tellers for the Noes, Mr Vernon Coaker, Claire Ward: 274.

    Other Amendments (Nos. 44 and 45) made to the Bill.

    Another Amendment (No. 108) proposed to the Bill, in page 29, line 30, to leave out subsection (2).—(Mr Jonathan Djanogly.)

    Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.

    Another Amendment (No. 110) proposed to the Bill, in page 30, line 24, to leave out Clause 29.—(Mr Jonathan Djanogly.)

    Question put, That the Amendment be made.

The House divided.

      Tellers for the Ayes, Mr John Randall, Michael Fabricant: 146.

      Tellers for the Noes, Claire Ward, Mr Vernon Coaker: 315.

    It being after Nine o'clock, the Deputy Speaker, pursuant to Order [20th June], put the Question on the remaining Amendments moved by a Minister of the Crown.

    Other Amendments (Nos. 46 to 83, 94 to 106 and 84 to 93) made to the Bill.

    The Bill was read the third time, and passed.

4    Prisons,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2005 (S.I., 2005, No. 2558), dated 13th September 2005, a copy of which was laid before this House on 14th September, be approved—(Mr John Heppell):—It was agreed to.

5    Civil Partnership,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Civil Partnership (House of Commons Members' Fund) Order 2005, which was laid before this House on 13th October, be approved—(Mr John Heppell):—It was agreed to.

6    Civil Partnership,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005, which was laid before this House on 17th October, be approved—(Mr John Heppell):—It was agreed to.

7    Family Law,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005, which was laid before this House on 19th October, be approved—(Mr John Heppell):—It was agreed to.

8    Judgments,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005, which were laid before this House on 27th October, be approved—(Mr John Heppell):—It was agreed to.

9    National Lottery,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft New Opportunities Fund (Specification of Initiatives) (No. 2) Order 2005, which was laid before this House on 11th October, be approved—(Mr John Heppell):—It was agreed to.

10    Disabled Persons,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Disability Discrimination (Private Clubs etc.) Regulations 2005, which were laid before this House on 19th October, be approved—(Mr John Heppell):—It was agreed to.

11    Common Agricultural Policy,—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. 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—(Mr John Heppell):—It was agreed to.

12    EC External Action—New Instruments for Co-Operation,—A Motion was made, and the Question being put forthwith, pursuant to Standing order No. 119(9), That this House takes note of European Union Documents No. 1386/04, Commission Communication on the Instruments for External Assistance under the Future Financial Perspective 2007-2013, No. 13687/04, Draft Council Regulation establishing an Instrument for Pre-Accession Assistance (IPA), No. 13688/04, Draft Council Regulation establishing a European Neighbourhood and Partnership Instrument, No. 13689/04, Draft Council Regulation establishing a financing instrument for development co-operation and economic co-operation, No. 13690/04, Draft Council Regulation establishing an Instrument for Stability; and agrees with the Government that they provide a good basis for discussion of external actions spending (Heading 4) in the next Financial Perspective 2007-2013—(Mr John Heppell):—It was agreed to.

13    Joint Committee on Consolidation, &c., Bills,—Ordered, That Mr Russell Brown, John Bercow, Mr Brian Binley, Mr William Cash, Mr Martin Caton, Colin Challen, Mr Nick Clegg, Jim Dobbin, Mr Steven Dorrell, Paul Farrelly, Mr John Macdougall and Lynda Waltho be members of the Select Committee appointed to join with a Committee of the Lords as the Joint Committee on Consolidation, &c., Bills.—(Rosemary McKenna, on behalf of the Committee of Selection.)

14    Public Petitions,—Public Petitions from supporters of the Isitfair Council Tax protest campaign for a fair and equitable replacement for council tax [two Petitions] were presented and read; and ordered to lie upon the Table and to be printed.

15    Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr John Heppell);

    And the Motion having been made after Ten o'clock, and the Debate having continued for half an hour, the Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then twenty-seven minutes to Eleven o'clock, till to-morrow.

[Adjourned at 10.33 p.m.

Michael J. Martin

Speaker


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


APPENDIX I

Papers presented or laid upon the Table:

Paper subject to Affirmative Resolution:

1    Northern Ireland,—Draft Industrial and Provident Societies (Northern Ireland) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hain].

Papers subject to Negative Resolution:

2    Education,—(1) Education (Information About Individual Pupils) (England) (Amendment) Regulations 2005 (S.I., 2005, No. 3101); and

    (2) Haringey London Borough Council (Temporary Governing Body) Order 2005 (S.I., 2005, No. 3102),

    dated 6th November 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Secretary Ruth Kelly].

3    Electricity,—Renewable Energy Zone (Designation of Area) (Scottish Ministers) Order 2005 (S.I., 2005, No. 3153), dated 9th November 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Alan Johnson].

4    Pensions,—Occupational and Personal Pension Schemes (Civil Partnership) (Miscellaneous Amendments) Regulations 2005 (S.I., 2005, No. 3164), dated 11th November 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hutton].

5    Registration of Births, Deaths, Marriages, etc.,—(1) Marriages and Civil Partnerships (Approved Premises) Regulations 2005 (S.I., 2005, No. 3168); and

    (2) Registration of Civil Partnerships (Fees) (No. 2) Order 2005 (S.I., 2005, No. 3167),

    dated 14th November 2005 [by Act], with Explanatory Memoranda thereon [by Command] [John Healey].

Other Papers:

6    Constitutional Affairs,—First Interim Report of the Legal Services Complaints Commissioner for the period 1st April to 30th September 2005: Pushing for change: the Law Society's complaints handling performance [by Command] [Cm. 6670] [Bridget Prentice].

7    Education,—Report prepared pursuant to section 38 (2) of the Education Act 2002 for the academic years 2004-05 and 2003-04 [by Act] [Secretary Ruth Kelly].

8    Export Control,—Export Controls on objects of Cultural Interest: Statutory guidance on the criteria to be taken into consideration when making a decision about whether or not to grant an export licence [by Act] [Secretary Tessa Jowell].

9    Government Resources and Accounts,—Resource Accounts for 2004-05 of the Department of Health, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 668] [John Healey].

10    Members' Interests,—Register of Members' Interests as at 1st November 2005 [pursuant to the Resolutions of 22nd May 1974, 28th June 1993, 6th November 1995 and 14th May 2002]; to be printed [No. 664] [Clerk of the House].

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

    (1) Department of Health: Reducing Brain Damage: Faster access to better stroke care;

    (2) Department for Work and Pensions: Dealing with the complexity of the benefits system; and

    (3) The Office of Fair Trading: Enforcing competition in markets

    [by Act]; to be printed [Nos. 452, 592 and 593] [Clerk of the House].

12    School Standards and Framework,—Accounts of—

    (1) East Cleveland Education Action Zone for 1st April 2004 to 9th January 2005; and

    (2) Speke Garston Education Action Zone for 2003-04,

    with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 673 and 670] [Clerk of the House].

13    Severn Bridges,—Account prepared pursuant to section 28 (1) (b) of the Severn Bridges Act 1992 for 2004-05, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 671] [Clerk of the House].

APPENDIX II

Standing Committees

1    Council Tax (New Valuation Lists for England) Bill,—The Committee of Selection has discharged Mr George Howarth from Standing Committee A (nominated in respect of the Bill) and nominated in substitution Jim Fitzpatrick.

2    Climate Change and Sustainable Energy Bill,—The Speaker has allocated the Bill to Standing Committee C.

3    Draft Criminal Justice Act 2003 (Commencement No. 12 and Transitory Provisions) Order 2005,—The Committee of Selection has discharged Dan Norris and Mr Mike O'Brien from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr Fraser Kemp and Mr Anthony Wright (Great Yarmouth).

4    Draft Employment (Miscellaneous Provisions) (Northern Ireland) Order 2005,—The Committee of Selection has discharged Lorely Burt from the Second Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Greg Mulholland.

    Grand Committee

5    Northern Ireland Grand Committee,--The Committee of Selection has discharged Andrew Selous from the Northern Ireland Grand Committee and nominated in substitution Mr Henry Bellingham.

    European Standing Committee

6    European Union Document No. 12197/05 relating to the Marketing of Foods derived from Genetically Modified Maize,—The Committee of Selection has discharged Barbara Keeley, Mr Piara S. Khabra, Mr Jamie Reed and Anne Snelgrove from the European Standing Committee (nominated in respect of the Document) and nominated in substitution Linda Gilroy, Eric Joyce, Dr Ashok Kumar and Paddy Tipping.

APPENDIX III

Reports from Select Committees

1    Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [Special Educational Needs]; to be printed [No. 478-ii] [Mr Barry Sheerman].

2    Home Affairs and Work and Pensions,—Minutes of Evidence taken before the draft Corporate Manslaughter Bill Sub-Committees of the Home Affairs and Work and Pensions Committees [Draft Corporate Manslaughter Bill]; to be printed [No. 540-v] [Mr John Denham].

3    Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—(1) Minutes of Evidence taken before the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee [Introductory Hearing for new Permanent Secretary]; to be printed [No. 680]; and

    (2) Memoranda laid before the Committee [ODPM Annual Report and Accounts 2005]

    [Dr Phyllis Starkey].

4    Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [Filing of income tax self assessment tax returns]; to be printed [No. 681-i] [Mr Edward Leigh].



 
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