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Session 2005 - 06
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House of Commons Votes and Proceedings
Tuesday 24th October 2006

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

PRAYERS.

1    Drinking Vessels (Toughened Plastic),—Ordered, That leave be given to bring in a Bill to require that toughened plastic be used for drinking vessels in late night bars, public houses and clubs; and for connected purposes: And that Mr Mark Lancaster, Mr Frank Field, Peter Bottomley, Andrew George, Dr Brian Iddon, Mr Peter Bone, Mr Mike Hancock, Dr Phyllis Starkey, Mr Adam Holloway, Julie Morgan, Mr Ben Wallace and Mr David S. Borrow do prepare and bring it in.

2    Drinking Vessels (Toughened Plastic) Bill,—Mr Mark Lancaster accordingly presented a Bill to require that toughened plastic be used for drinking vessels in late night bars, public houses and clubs; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 17th November and to be printed [Bill 231].

3    Police and Justice Bill (Programme) (No. 2),—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 Police and Justice Bill for the purpose of supplementing the Order of 6th March 2006 (Police and Justice Bill (Programme)):

Consideration of Lords Amendments

    1. Proceedings on consideration of Lords Amendments shall be taken at this day's sitting in the order shown in the first column of the following Table.

    2. The proceedings shall (so far as not previously concluded) be brought to a conclusion at the times specified in the second column of the Table.

TABLE

    Lords Amendments
Time for conclusion of proceedings
    Nos. 36 and 81 to 85
6.30 p.m.
    Nos. 1 and 71
8.30 p.m.
    Nos. 5, 10 to 27, 42, 43, 46, 53, 78 to 80, 86, 93, 101, 110, 112, 2 to 4, 6 to 9, 28 to 35, 37 to 41, 44, 45, 47 to 52, 54 to 70, 72 to 77, 87 to 92, 94 to 100, 102 to 109, 111 and 113.
10.00 p.m.

Subsequent stages

    3. Any further Message from the Lords may be considered forthwith without any Question being put.

    4. The proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement—(Huw Irranca-Davies):—It was agreed to.

4    Police and Justice Bill,—The House, according to Order, proceeded to consider the Lords Amendments to the Police and Justice Bill.

    Lords Amendment No. 36.

    A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Joan Ryan);

The House divided.

      Tellers for the Ayes, Mr Frank Roy, Claire Ward: 320.

      Tellers for the Noes, Mr David Evennett, Jenny Willott: 263.

So the Question was agreed to. The Lords Amendment was accordingly disagreed to.

    And it being after half past Six o'clock, the Speaker put the Questions necessary to dispose of the remaining proceedings to be concluded at that hour, pursuant to Order [this day].

    Lords Amendment No. 81.

    A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Joan Ryan);

The House divided.

      Tellers for the Ayes, Claire Ward, Mr Frank Roy: 313.

      Tellers for the Noes, Mr Henry Bellingham, Mr David Evennett: 272.

So the Question was agreed to.

    The Lords Amendment was accordingly disagreed to.

    Lords Amendments Nos. 82 to 85 were disagreed to.

    Lords Amendment No. 1 was disagreed to.

    Lords Amendment No. 71.

    A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Mr Tony McNulty);

The House divided.

      Tellers for the Ayes, Liz Blackman, Mr Michael Foster: 301.

      Tellers for the Noes, Mr Henry Bellingham, Mr David Evennett: 220.

So the Question was agreed to.

    The Lords Amendment was accordingly disagreed to.

    And it being after half past Eight o'clock, the Deputy Speaker put the Question necessary to dispose of proceedings to be concluded at that hour.

    Amendments ((a) to (k)) were made to the words so restored to the Bill.

    Lords Amendment No. 5.

    A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Mr Mike O'Brien);

The House divided.

      Tellers for the Ayes, Mr Ian Cawsey, Steve McCabe: 300.

      Tellers for the Noes, Angela Watkinson, Mr Henry Bellingham: 217.

So the Question was agreed to.

    The Lords Amendment was accordingly disagreed to.

    Lords Amendment No. 10.

    An Amendment ((c)) was proposed to the Lords Amendment, in line 18, to leave out the words 'sub-paragraph (1) above' and insert the words 'this Schedule', instead thereof—(Mr Tony McNulty);

    Question proposed, That the Amendment be made.

    And it being Ten o'clock, the Speaker put the Question already proposed from the Chair:—It was agreed to.

    The Speaker then put the remaining Questions necessary to bring proceedings to conclusion.

    Amendments ((d) to (f)) were made to the Lords Amendment.

    A Motion was made, and the Question being put, That this House agrees with the Lords in their Amendment, as amended—(Mr Tony McNulty);

The House divided.

      Tellers for the Ayes, Mr Ian Cawsey, Steve McCabe: 302.

      Tellers for the Noes, Mr David Evennett, Mr Henry Bellingham: 216.

So the Question was agreed to.

    Lords Amendment No. 11.

    Amendments ((b) to (g)) were made to the Lords Amendment.

    The Lords Amendment, as amended, was agreed to.

    Lords Amendment No. 12.

    Amendments ((b) to (f)) were made to the Lords Amendment.

    The Lords Amendment, as amended, was agreed to.

    Lords Amendment No. 13.

    Amendments ((b) to (g)) were made to the Lords Amendment.

    The Lords Amendment, as amended, was agreed to.

    Lords Amendment No. 14.

    Amendments ((b) to (j)) were made to the Lords Amendment.

    The Lords Amendment, as amended, was agreed to.

    Lords Amendments Nos. 15 to 27, 42, 43, 46, 53, 78 to 80, 86, 93, 101, 110, 112, 2 to 4, 6 to 9, 28 to 35, 37 to 41, 44, 45, 47 to 52, 54 to 70, 72 to 77, 87 to 92, 94 to 100, 102 to 109, 111 and 113 were agreed to.

    A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 83H (Programmes orders: reasons committee), That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their Amendments Nos. 1, 5, 36 and 81 to 85;

    That Mr Alan Campbell, Michael Fabricant, Lynne Featherstone, Andrew Gwynne and Mr Tony McNulty be members of the Committee;

    That Mr Tony McNulty be the Chairman of the Committee;

    That three be the Quorum of the Committee;

    That the Committee do withdraw immediately—(Mr Alan Campbell):—It was agreed to.

5    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 (Graduated Retirement Benefit) (Consequential Provisions) Order 2006, which was laid before this House on 11th July, be approved—(Mr Michael Foster):—It was agreed to.

6    Mental Capacity,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006, which were laid before this House on 13th July, be approved—(Mr Michael Foster):—It was agreed to.

7    Financial Services and Markets,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2006 (S.I., 2006, No. 2383), dated 12th September 2006, a copy of which was laid before this House on 13th September, be approved—(Mr Michael Foster):—It was agreed to.

8    Public Petitions,—Public Petitions from—

    (1) the people of Worsley, Boothstown and Ellenbrook for the reinstatement of bus services;

    (2) residents of South Essex and others against any loss of benefits under the Local Government Pension Scheme; and

    (3) users of Post Office Card Accounts against the decision not to renew the contract for Post Office Card Accounts

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

9    Police and Justice Bill,—Mr Tony McNulty reported from the Committee appointed to draw up Reasons to be assigned to the Lords for disagreeing to certain of their Amendments to the Police and Justice Bill, That it had drawn up the following Reasons, which it had directed him to report to the House:

    The Commons disagree to Lords Amendment No. 1 for the following Reason:—

      Because it would be inappropriate to change, in the way that the Lords Amendment would do, the provisions of the Police Act 1996 about making alterations in police areas by order.

    The Commons disagree to Lords Amendment No. 5 for the following Reason:—

      Because the clause removed by the Lords Amendment would improve the provisions about conditional cautions.

    The Commons disagree to Lords Amendment No. 36 for the following Reason:—

      Because it is appropriate for the United States of America to be a designated territory for the purposes of sections 71, 73, 84 and 86 of the Extradition Act 2003.

    The Commons disagree to Lords Amendment No. 81 for the following Reason:—

      Because the Lords Amendment, taken with Lords Amendments Nos. 82 and 83, could cause the United Kingdom to be in breach of existing international agreements and would unduly restrict its ability to enter into further ones.

    The Commons disagree to Lords Amendment No. 82 for the following Reason:—

      Because the Lords Amendment, taken with Lords Amendments Nos. 81 and 83, could cause the United Kingdom to be in breach of existing international agreements and would unduly restrict its ability to enter into further ones.

    The Commons disagree to Lords Amendment No. 83 for the following Reason:—

      Because the Lords Amendment, taken with Lords Amendments Nos. 81 and 82, could cause the United Kingdom to be in breach of existing international agreements and would unduly restrict its ability to enter into further ones.

    The Commons disagree to Lords Amendment No. 84 for the following Reason:—

      Because the Lords Amendment could cause the United Kingdom to be in breach of existing international agreements and would unduly restrict its ability to enter into further ones.

    The Commons disagree to Lords Amendment No. 85 for the following Reason:—

      Because it is appropriate for the United States of America to be a designated territory for the purposes of section 84 of the Extradition Act 2003.

    The Reasons were agreed to.

    Message to the Lords to communicate the said Reasons, with the Bill and Amendments.

10    Adjournment,—Resolved, That this House do now adjourn.—(Mr Michael Foster.)

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

[Adjourned at 10.41 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    Atomic Energy and Radioactive Substances,—Nuclear Industries Security (Amendment) Regulations 2006 (S.I., 2006, No. 2815), dated 19th October 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

2    Northern Ireland,—Northern Ireland Act 1998 (Modification) Order 2006 (S.I., 2006, No. 2659), dated 10th October 2006 [by Act], with an Explanatory Memorandum [by Command] [Ms Harriet Harman].

3    Road Traffic and Vehicles,—Traffic Management (Proceedings before Adjudicators) Regulations (Northern Ireland) 2006 (S.R. (N.I.), 2006, No. 421), dated 19th October 2006 [by Statutory Instrument], with an Explanatory Memorandum [by Command] [Bridget Prentice].

Other Papers:

4    Environment, Food and Rural Affairs,—Department for Environment, Food and Rural Affairs Minute, dated 24th October 2006, on the Transposition of the High Activity Sealed Radioactive Sources and Orphan Sources Directive [by Command] [Secretary David Miliband].

5    Horserace Betting and Olympic Lottery,—Report and Accounts of the Olympic Lottery Distributor for the period 8th July 2005 to 31st March 2006, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1470] [Secretary Tessa Jowell].

6    Law Commission,—Report of the Law Commission on Post-Legislative Scrutiny [by Command] [Cm. 6945] [Ms Harriet Harman].

7    Public Petitions,—Observations by the Secretary of State for Communities and Local Government on the Petitions—

    (1) [28th March] from residents of North Fambridge against the erection of a telecommunications mast at White House Farm, Ferry Road, North Fambridge, Essex; and

    (2) [29th March] from Andrew and Julie Wright against the removal of children's doorstep play areas in North Bretton, Peterborough

    [by Standing Order]; to be printed [Clerk of the House].

8    Railways,—Paper entitled, Railways Closures Guidance [by Act] [Mr Secretary Alexander].

APPENDIX II

Reports from Select Committees

1    Administration,—Record of the discussions of the Parliamentary Visitor Centre Sub-Committee of the Administration Committee at its meeting on 24th October (meeting held concurrently with the House of Lords Information Committee) [Mr Frank Doran].

2    Communities and Local Government,—Minutes of Evidence taken before the Communities and Local Government Committee [Coastal Towns]; to be printed [No. 1023-v] [Dr Phyllis Starkey].

3    Crossrail Bill,—Minutes of Evidence taken before the Select Committee on the Crossrail Bill; to be printed [No. 837-lxiii] [Mr Alan Meale].

4    Culture, Media and Sport,—Minutes of Evidence taken before the Culture, Media and Sport Committee [London 2012 Olympic and Paralympic Games]; to be printed [No. 1669-i] [Mr John Whittingdale].

5    Defence,—Minutes of Evidence taken before the Defence Committee [Ministry of Defence Annual Report and Accounts 2005-06]; to be printed [No. 1655] [Mr James Arbuthnot].

6    Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee on 23rd October [Skills in London]; to be printed [No. 1667-i] [Mr Barry Sheerman].

7    Environmental Audit,—(1) Fourth Special Report from the Environmental Audit Committee [Government's Reply to the Seventh Report from the Environmental Audit Committee on Sustainable Development Reporting by Government Departments]; to be printed [No. 1681];

    (2) Fifth Special Report from the Committee [Government's Reply to the Eighth Report from the Environmental Audit Committee on Proposals for a draft Marine Bill]; to be printed [No. 1682]; and

    (3) Memorandum laid before the Committee [Trade, Development and Environment: The role of DfID]

    [Mr Tim Yeo].

8    Home Affairs,—Minutes of Evidence taken before the Home Affairs Committee [Young Black People and the Criminal Justice System]; to be printed [No. 1675-i] [Mr John Denham].

9    International Development,—(1) Seventh Report from the International Development Committee [Humanitarian response to natural disasters], with the 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. 1188-I and -II];

    (2) Minutes of Evidence taken before the Committee [Development Assistance and the Occupied Palestinian Territories], together with Memoranda laid before the Committee; to be printed [No. 1683-i]; and

    (3) Memoranda laid before the Committee [Humanitarian response to natural disasters]

    [Malcolm Bruce].

10    Trade and Industry,—(1) Ninth Report from the Trade and Industry Committee [Royal Mail Group], together with Appendices to the Report; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 1556]; and

    (2) Minutes of Evidence taken before the Committee [The Departmental Annual Report of the Department of Trade and Industry]; to be printed [No. 1684-i]

    [Peter Luff].

11    Treasury,—Minutes of Evidence taken before the Treasury Committee [Financial Services Authority: annual report scrutiny]; to be printed [No. 1594-ii] [Mr John McFall].

[W.H., No. 130]

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 Dave Watts);

    And it being Two o'clock, the sitting was adjourned without Question put, till to-morrow.

[Adjourned at 2 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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