The House met at half-past Eleven o'clock.
PRAYERS.
1 Selection,Ordered, That Gillian Merron and Joan Ryan be discharged from the Committee of Selection and Mr Alan Campbell and Tony Cunningham be added to the Committee.(Liz Blackman.)
2 Fourth Standing Committee on Delegated Legislation,Ann Winterton reported from the Fourth Standing Committee on Delegated Legislation the draft Private Tenancies (Northern Ireland) Order 2006.
Minutes of Proceedings of the Committee to lie upon the Table.
3 Message from the Lords,A Message was brought from the Lords, as follows:
Dynamic Demand Appliances Bill [Lords],The Lords have passed a Bill to make provision about dynamic demand appliances; to which the Lords desire the concurrence of this House.
4 Sale of Green Belt Land Bill,The Order for reading the Sale of Green Belt Land Bill a second time on Friday 12th May was read and discharged.
Bill to be read a second time on Friday 14th July.
5 Regulation of Mortgage Repossessions,Ordered, That leave be given to bring in a Bill to provide that the repossession of residential property may be sought only under certain conditions; and for connected purposes: And that Mr George Mudie, Mr Kevan Jones, Mr Phil Willis, Mr Andrew Love, Mr Jim Cunningham, Bob Spink, Mr Elfyn Llwyd, Helen Jones, Colin Burgon, Mr Nicholas Brown, Mr Ian Austin and Alan Keen do prepare and bring it in.
6 Regulation of Mortgage Repossessions Bill,Mr George Mudie accordingly presented a Bill to provide that the repossession of residential property may be sought only under certain conditions; 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 180].
7 Police and Justice Bill,The House, according to Order, proceeded to consider the Police and Justice Bill, as amended in the Standing Committee.
A Clause (NC4) (Delegation of police authority functions)(Mr Liam Byrne)brought up, read the first and second time, and added to the Bill.
Another Clause (NC5) (Supply of information to police etc by Registrar General)(Mr Liam Byrne)brought up, read the first and second time, and added to the Bill.
Another Clause (NC6) (Power to detain pending DPP's decision about charging)(Mr Liam Byrne)brought up, read the first and second time, and added to the Bill.
Another Clause (NC1) (Protection of children: prohibition of police and conditional cautions)(Bob Spink)brought up, and read the first time.
Question proposed, That the Clause be read a second time:Clause, by leave, withdrawn.
Another Clause (NC8) (Designation of part 2 territories: omission of United States of America)(Mr Dominic Grieve)brought up, and read the first time.
Question proposed, That the Clause be read a second time.
And it being Six o'clock, the Deputy Speaker put the Question, pursuant to Order [6th March].
Tellers for the Ayes, Mr Crispin Blunt, Andrew Rosindell: 224.
Tellers for the Noes, Mr Michael Foster, Mr Dave Watts: 293.
The Deputy Speaker then put the Question on Amendments moved by a Minister of the Crown.
Amendments (Nos. 43 to 53, 119 to 121 and 54 to 64) made to the Bill.
The Deputy Speaker then put the Questions on an Amendments selected for separate decision.
Another Amendment (No. 82) proposed to the Bill, in page 73, line 18, at the end, to insert the words
'Referendums on proposals to alter police areas
20A After section 33 (Objections to alterations proposed by Secretary of State) there is inserted
"33A Referendums on proposals to alter police areas
(1) Before making an order under section 32 the Secretary of State shall by order cause a referendum to be held in every area affected about the proposed alteration in police areas.
(2) The Secretary of State shall make an order under subsection (1)
(a) in relation to a proposed alteration made under section 32(3)(a), after he has received a request under that subsection;
(b) in relation to a proposed alteration made under section 32(3)(b), after he has given further notice to objectors under section 33(4)(b).
(3) The question to be asked in a referendum to be held in pursuance of an order under subsection (1) above shall be agreed by
(a) the Secretary of State,
(b) each police authority affected by the proposed alteration, and
(c) the Electoral Commission.
and specified in the order.
(4) The Secretary of State shall, in consultation with
(a) each police authority affected by the proposed alteration, and
(b) the Electoral Commission
ensure that an order made under subsection (1) above makes such provision as is necessary to secure the proper conduct of a referendum.
(5) No order shall be made under subsection (1) above unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
(6) The Secretary of State shall not exercise his power to make an order under section 32 unless a majority of votes cast in a referendum held under this section in each of the existing areas affected supports the proposed alteration."'.(Nick Herbert.)
Question put, That the Amendment be made.
Tellers for the Ayes, Mr Crispin Blunt, Andrew Rosindell: 223.
Tellers for the Noes, Mr Michael Foster, Mr Dave Watts: 295.
Another Amendment (No. 14) proposed to the Bill, in page 74, line 11, to leave out paragraphs 24 to 26.(Lynne Featherstone.)
Question put, That the Amendment be made.
Tellers for the Ayes, Bob Russell, Paul Rowen: 220.
Tellers for the Noes, Mr Michael Foster, Mr Dave Watts: 295.
The Deputy Speaker then put the Question on the remaining Amendments moved by a Minister of the Crown.
Other Amendments (Nos. 65 to 71, 81, 72 to 74, 123, 122 and 75 to 80) made to the Bill.
The Bill was read the third time, and passed.
8 Business of the House,A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 15 (Exempted business), That, at this day's sitting, the Motion in the name of Mr Jack Straw relating to Conventions (Joint Committee) may be proceeded with, though opposed, until any hour(Mr Frank Roy):It was agreed to.
9 Conventions (Joint Committee),A Motion was made, and the Question being put, That the Lords Message [25th April] relating to Conventions be now considered.
That this House concurs with the Lords in the said Resolution;
That, accepting the primacy of the House of Commons, a Select Committee of 11 Members be appointed to join with a Committee appointed by the House of Lords as the Joint Committee on Conventions, to consider the practicality of codifying the key conventions on the relationship between the two Houses of Parliament which affect the consideration of legislation, in particular:
(A) the Salisbury-Addison convention that the Lords does not vote against measures included in the governing party's Manifesto;
(B) conventions on secondary legislation;
(C) the convention that Government business in the Lords should be considered in reasonable time;
(D) conventions governing the exchange of amendments to legislation between the two Houses;
and that the Committee should report by Friday 21st July 2006;
That the Committee shall have power
(i) to send for persons, papers and records;
(ii) to sit notwithstanding any adjournment of the House;
(iii) to report from time to time;
(iv) to appoint specialist advisers;
(v) to adjourn from place to place within the United Kingdom; and
That Mr Russell Brown, Mr Wayne David, Mr George Howarth, Simon Hughes, Sarah McCarthy-Fry, Andrew Miller, Sir Malcolm Rifkind, Mr John Spellar, Ms Gisela Stuart, Mr Andrew Tyrie and Sir Nicholas Winterton be members of the Committee(Mr Liam Byrne);
And the Deputy Speaker's opinion as to the decision of the Question being challenged, the Division was deferred till Wednesday 17th May, pursuant to Standing Order No. 41A (Deferred divisions).
10 Co-operation on Asylum Policy and Practice,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. 6520/06 and Addendum 1, Commission Communication on strengthened practical cooperation: New structures, new approaches: improving the quality of decision making in the common European asylum system; notes that this forms part of the package of measures creating a Common European Asylum System, and supports the Government's position that it is desirable to promote operational co-operation between Member States, with the aim of improving the efficiency and quality of Member States' asylum systems(Mr John Heppell):It was agreed to.
11 Public Petitions,A Public Petition from residents of Finmere and Mixbury, Oxfordshire, and the surrounding area for effective planning controls was presented and read; and ordered to lie upon the Table and to be printed.
12 Adjournment,Resolved, That this House do now adjourn.(Mr John Heppell.)
And accordingly, the House, having continued to sit till thirteen minutes past Ten o'clock, adjourned till to-morrow.
[Adjourned at 10.13 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 Negative Resolution:
1 Consumer Credit,Consumer Credit (Exempt Agreements) (Amendment) Order 2006 (S.I., 2006, No. 1273), dated 9th May 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].
2 Human Tissue,Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) Regulations 2006 (S.I., 2006, No. 1260), dated 25th April 2006 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].
3 Industrial and Provident Societies,Credit Unions (Maximum Interest Rate on Loans) Order 2006 (S.I., 2006, No. 1276), dated 10th May 2006 [by Act], with an Explanatory Memorandum [by Command] [Ed Balls].
4 Insolvency,Insolvency (Amendment) Rules 2006 (S.I., 2006, No. 1272), dated 9th May 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].
5 United Nations,(1) Lebanon and Syria (United Nations Measures) (Channel Islands) Order 2006 (S.I., 2006, No. 1250); and
(2) Lebanon and Syria (United Nations Measures) (Isle of Man) Order 2006 (S.I., 2006, No. 1249),
dated 9th May 2006 [by Act], with Explanatory Memoranda thereon [by Command] [Ms Harriet Harman].
6 Water,Protection of Water Against Agricultural Nitrate Pollution (England and Wales) (Amendment) Regulations 2006 (S.I., 2006, No. 1289), dated 10th May 2006 [by Act], with an Explanatory Memorandum [by Command] [Secretary David Miliband].
Other Papers:
7 Data Protection,Report by the Information Commissioner on What price privacy? The unlawful trade in confidential personal information [by Act]; to be printed [No. 1056] [Clerk of the House].
8 Financial Reporting to Parliament,Departmental Report 2006: The Government's Expenditure Plans for 2005-06 to 2007-08 for:
(1) Department for Culture, Media and Sport and DCMS Sponsored Bodies [by Command] [Cm. 6828] [Secretary Tessa Jowell]; and
(2) Government Actuary's Department [by Command] [Cm. 6831] [Ed Balls].
9 Isle of Man,Account for 2004-05 of the Commissioners of HM Revenue and Customs in Account with the Government of the Isle of Man, with the Report of the Comptroller and Auditor General thereon [by Act] [Dawn Primarolo].
10 Public Petitions,Observations by the Secretary of State for Communities and Local Government on the Petition [21st March] from supporters of the Isitfair Council Tax protest campaign for a fair and equitable replacement for council tax [by Standing Order]; to be printed [Clerk of the House].
11 Treaty Series (No. 43, 2006),Fourth Supplementary List of Ratifications, Accessions, Withdrawals, etc., for 2005 [by Command] [Cm. 6776] [Secretary Margaret Beckett].
APPENDIX II
Standing Committees
1 Social Security Benefits Up-rating Regulations 2006 (S.I., 2006, No. 712):
(1) The Speaker has allocated the Regulations to the First Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Danny Alexander, Mr Adrian Bailey, Mr Tim Boswell, Peter Bottomley, Ms Karen Buck, Mr David Burrowes, Greg Clark, Jim Cousins, Mrs Claire Curtis-Thomas, Frank Dobson, Mr Stephen Hepburn, Mr John Heppell, David Heyes, Ms Sally Keeble, Mr David Laws, James Purnell and Angela Watkinson.
2 Hill Farm Allowance Regulations 2006 (S.I., 2006, No. 225):
(1) The Speaker has allocated the Regulations to the Second Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Mr Brian Binley, Mr Stephen Crabb, Mrs Ann Cryer, Mr Stephen Dorrell, Jeff Ennis, Michael Jabez Foster, Barry Gardiner, Mr Roger Godsiff, Chris Huhne, Dan Norris, Mr Nick Raynsford, Andrew Rosindell, Joan Ruddock, Mr Dave Watts, Bill Wiggin, Mr Roger Williams and David Wright.
3 Draft Tax Information Exchange Agreement (Taxes on Income) (Gibraltar) Order 2006, the draft Double Taxation Relief (Taxes on Income) (Botswana) Order 2006 and the draft Double Taxation Relief (Taxes on Income) (Japan) Order 2006:
(1) The Speaker has allocated the draft Orders to the Third Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Kevin Brennan, James Brokenshire, Dr Vincent Cable, David T. C. Davies (Monmouth), Mr Michael Fallon, Mr Mark Francois, Julia Goldsworthy, Kate Hoey, Sir Gerald Kaufman, Mr Andrew Love, Mr Jim McGovern, Julie Morgan, Dawn Primarolo, Mr Andy Reed, Martin Salter, Andrew Selous and Keith Vaz.
4 Draft Private Tenancies (Northern Ireland) Order 2006,The Committee of Selection has discharged Richard Burden, Mr Vernon Coaker, Mr Nigel Dodds and Joan Ruddock from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Lyn Brown, Mr David Drew, David Simpson and Lynda Waltho.
5 Draft Wireless Telegraphy (Pre-Consolidation Amendment) Order 2006:
(1) The Speaker has allocated the draft Order to the Fourth Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Ms Diane Abbott, Mr David Anderson, Mr Clive Betts, Mr Crispin Blunt, Colin Burgon, Lorely Burt, Mr Philip Dunne, Mr Christopher Fraser, Dr Ian Gibson, Mr Robert Goodwill, Charles Hendry, Margaret Hodge, David Howarth, Steve McCabe, Albert Owen, Dr Nick Palmer and Kitty Ussher.
6 Bee Diseases and Pest Control (England) Order 2006 (S.I., 2006, No. 342):
(1) The Speaker has appointed Mr Eric Illsley Chairman of the Fifth Standing Committee on Delegated Legislation in respect of the Order in place of Mr Jimmy Hood; and
(2) the Committee of Selection has discharged Tony Cunningham, Mr Roger Godsiff, Mr David Kidney and John McDonnell from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the Order) and nominated in substitution Ian Stewart, Mr Dave Watts, David Wright and Mr Anthony Wright (Great Yarmouth).
7 Draft International Development Association (Multilateral Debt Relief Initiative) Order 2006:
(1) The Speaker has allocated the draft Order to the Fifth Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Liz Blackman, Mr Jeremy Browne, Mr Stephen Byers, Mr Ronnie Campbell, Mr Frank Field, Mr David Heathcoat-Amory, Susan Kramer, Tom Levitt, Chris McCafferty, Anne Milton, Mr John Randall, Mr Lee Scott, Mark Simmonds, Mr Marsha Singh, Mr Dennis Skinner, Mr Gareth Thomas and Mr David Winnick.
8 Draft National Health Service (Pre-consolidation Amendments) Order 2006:
(1) The Speaker has allocated the draft Order to the Sixth Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Mr Crispin Blunt, Rosie Cooper, Jon Cruddas, Jim Dowd, Caroline Flint, Mr Bruce George, Mr James Gray, Patrick Hall, Mr Peter Kilfoyle, Anne Moffat, Dr Andrew Murrison, Mr Brooks Newmark, Mr Andrew Pelling, John Pugh, Anne Snelgrove, Claire Ward and Steve Webb.
9 Draft Enterprise Act 2002 (Disqualification from Office: General) Order 2006:
(1) The Speaker has allocated the draft Order to the Seventh Standing Committee on Delegated Legislation; and
(2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Mr Crispin Blunt, Lorely Burt, Mr Jonathan Djanogly, Paul Farrelly, David Howarth, Mr George Howarth, Mark Lazarowicz, Steve McCabe, Mr Ian McCartney, Ann McKechin, Dr Nick Palmer, Mr Andrew Pelling, John Penrose, Mr John Redwood, Clare Short, Dr Howard Stoate and Dr Alan Whitehead.
European Standing Committee
10 European Union Document No. 14775/05 relating to Democracy, Dialogue and Debate,The Committee of Selection has nominated thirteen Members to serve on the European Standing Committee nominated in respect of the Document: Mr Graham Brady, Mr Jeremy Browne, Mr Simon Burns, Mr William Cash, Tony Cunningham, Mr David Hamilton, Mr Geoffrey Hoon, Mr Edward Leigh, Andrew Mackinlay, Mr Michael Moore, Sandra Osborne, John Robertson and Mr Mark Todd.
11 Unnumbered Letter dated 9th May 2006, submitted by the Department for Education and Skills, relating to Education and Training: Key competences, has been referred to European Standing Committee C.
APPENDIX III
Reports from Select Committees
1 Crossrail Bill,Minutes of Evidence taken before the Select Committee on the Crossrail Bill; to be printed [No. 837-xxx] [Mr Alan Meale].
2 Education and Skills,Minutes of Evidence taken before the Education and Skills Committee [Bullying]; to be printed [No. 1103-i] [Mr Barry Sheerman].
3 Environment, Food and Rural Affairs,Minutes of Evidence taken before the Environment, Food and Rural Affairs Committee [Climate change: role of bioenergy], together with Memoranda laid before the Committee; to be printed [No. 965-vi] [Mr Michael Jack].
4 Environmental Audit,Minutes of Evidence taken before the Environmental Audit Committee [Reducing Carbon Emissions from Transport] to be printed [No. 981-v] [Mr Tim Yeo].
5 European Scruitny,(1) Twenty-eighth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 34-xxviii]; and
(2) Memoranda laid before the Committee [Ministerial Correspondence]
6 International Development,Minutes of Evidence taken before the International Development Committee, together with Appendices [Conflict and development: Peacebuilding and post-conflict reconstruction]; to be printed [No. 923-v] [Malcolm Bruce].
7 Modernisation of the House of Commons,Minutes of Evidence taken before the Select Committee on Modernisation of the House of Commons [The Legislative Process]; to be printed [No. 1097-i] [Sir Nicholas Winterton].
8 Northern Ireland Affairs,Minutes of Evidence taken before the Northern Ireland Affairs Committee [Political and Security Developments in Northern Ireland]; to be printed [No. 1107] [Sir Patrick Cormack].
9 Public Accounts,(1) Forty-third Report from the Committee of Public Accounts, together with the Minutes of Proceedings of the Committee relating to the Report [Delivery chain analysis for bus services in England]; to be printed [No. 851];
(2) Forty-fourth Report from the Committee, together with the Minutes of Proceedings of the Committee relating to the Report [National Offender Management Service: dealing with increased numbers in custody]; to be printed [No. 788];
(3) Forty-fifth Report from the Committee, together with the Minutes of Proceedings of the Committee relating to the Report [Employers' perspectives on improving skills for employment]; to be printed [No. 862];
(4) Forty-sixth Report from the Committee, together with the Minutes of Proceedings of the Committee relating to the Report [Governance issues in the Northern Ireland Department of Enterprise, Trade and Investment's former Local Enterprise Development Unit]; to be printed [No. 918]; and
(5) Minutes of Evidence taken before the Committee [Tackling child obesity-first steps]; to be printed [No. 1108-i]
10 Science and Technology,Minutes of Evidence taken before the Science and Technology Committee [Scientific advice, risk and evidence: How Government handles them]; to be printed [No. 900-vi] [Mr Phil Willis].
11 Statutory Instruments,Twentieth-fifth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 35-xxv] [Mr Eric Forth].
12 Transport,(1) Sixth Report from the Transport Committee [How Fair are the Fares? Train Fares and Ticketing], 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. 700]; and
(2) Minutes of Evidence taken before the Transport Committee [Transport Security: Travelling without Fear]; to be printed [No. 1085-ii]
[W.H., No. 95]
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.(Steve McCabe.)
And accordingly the sitting was adjourned till to-morrow.
[Adjourned at 4.56 p.m.
Sir Alan Haselhurst
Deputy Speaker
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