Votes and Proceedings

House of Commons

Session 1997-98
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House of Commons Votes and Proceedings
Thursday 2nd July 1998

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

PRAYERS.

1 Lloyds TSB Bill [Lords],--The Order of the day being read, for the third reading of the Lloyds TSB Bill [Lords];

    Ordered, That the Bill be read the third time on Thursday 9th July.

2 Northern Ireland Grand Committee,--Mr Peter Atkinson reported from the Northern Ireland Grand Committee, That it had considered the draft Appropriation (No. 2) (Northern Ireland) Order 1998, referred to it on 17th June, and had directed him to report accordingly to the House.

    Minutes of Proceedings of the Committee to be printed [No. 430].

3 Tenth Standing Committee on Delegated Legislation,--Mrs Gwyneth Dunwoody reported from the Tenth Standing Committee on Delegated Legislation the draft Education (Northern Ireland) Order 1998.

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

4 Wild Mammals (Hunting with Dogs) Bill,--The Order for further considering the Wild Mammals (Hunting with Dogs) Bill to-morrow was read and discharged.

    Bill withdrawn.

5 Royal Assent,--The Speaker notified the House in accordance with the Royal Assent Act 1967, That Her Majesty had signified Her Royal Assent to the following Acts, agreed upon by both Houses, and to the following Measure passed under the provisions of the Church of England (Powers) Act 1919:

    National Lottery Act 1998

    Public Interest Disclosure Act 1998

    Road Traffic Reduction (National Targets) Act 1998

    National Institutions Measure 1998.

6 Human Rights Bill [Lords] (Committee) [4th allotted day],--The House, according to Order, again resolved itself into a Committee on the Human Rights Bill [Lords].

(In the Committee)

    A Clause (Freedom of thought, conscience and religion)--(Mr Secretary Straw)--brought up, read the first and second time, and added.

    Another Clause (Freedom of expression)--(Mr Secretary Straw)--brought up, read the first and second time, and added.

    A Clause (Guarantee of non-discrimination)--(Mr Robert Maclennan)--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 Andrew Stunell, Mr David Heath: 18.

    Tellers for the Noes, Mr David Clelland, Mr Robert Ainsworth: 234.

    Schedule No. 1 (The Articles).

    Amendment (No. 112) made.

    Schedule, as amended, agreed to.

    Schedule No. 2 agreed to.

    Schedule No. 3 (Judicial Pensions).

    Question proposed, That the Schedule be the Third Schedule to the Bill.

    And it being three hours after commencement of proceedings on the Bill this day the Chairman, pursuant to Orders [1st June and 17th June], put forthwith the Questions necessary for the disposal of proceedings in the Committee.

    Schedule agreed to.

    A Schedule (Remedial Orders)--(Mr John McFall) brought up, and added.

    Bill, as amended, to be reported.

    The Deputy Speaker resumed the Chair and Mr John McFall reported, That the Committee had gone through the Bill and made Amendments thereunto.

    Ordered, That the Bill, as amended in the Committee, be considered to-morrow and be printed [Bill 219].

7 Data Protection Bill [Lords],--The House, according to Order, proceeded to consider the Data Protection Bill [Lords], as amended in the Standing Committee.

    Amendments (Nos. 19 to 29, 70, 30 and 71 to 78) made to the Bill.

    Amendment (No. 13) proposed to the Bill, in page 17, line 43, at the end, to insert the words--

    '(13) The relevant Commissioner may--

    (a) investigate any procedure which relates to--

    (i) the processing of personal data for the purpose of safeguarding national security,

    (ii) the application of an exemption which is required for the purpose of safeguarding national security, or

    (iii) the signing of a certificate under this section,

    (b) make any recommendation which relates to--

    (i) an investigation under paragraph (a) of this subsection, or

    (ii) safeguarding the interests of data subjects, and

    (c) if appropriate--

    (i) raise any matter which relates to an investigation in an annual report, or in any other report to the Prime Minister, or

    (ii) liaise with the Data Protection Commissioner or another relevant Commissioner on matters which relate to an investigation.

    (14) The Data Protection Commissioner may raise with a relevant Commissioner any matter which relates to the processing of personal data for the purpose of safeguarding national security.

    (15) In this section, the "relevant Commissioner" means the Commissioner appointed by virtue of--

    (a) section 4 of the Security Service Act 1989,

    (b) section 8 of the Intelligence Services Act 1994,

    (c) section 91 of the Police Act 1997, or

    (d) section 8 of the Interception of Communications Act 1985.'.--(Mr Harry Cohen.)

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

    Another Amendment (No. 8) proposed to the Bill, in page 17, line 45, after the word 'prevention' to insert the word 'investigation'.--(Mr John Greenway.)

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

    Another Amendment (No. 9) proposed, in page 18, line 1, after the word 'offenders' to insert the words--

    '(ba) the safeguarding of public security,'.--(Mr John Greenway.)

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

    Amendments (Nos. 83, 84, 31 and 32) made to the Bill.

    Another Amendment (No. 4) proposed to the Bill, in page 22, line 30, at the end, to insert the words--

    '(2) The Secretary of State may by order, where personal data are held on a public register, lay down conditions which shall be complied with by any person who has access to the register.

    (3) An order under this section may make specific provisions with respect to a particular public register.'.--(Mr Harry Cohen.)

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

    Amendments (Nos. 33 to 38) made to the Bill.

    Another Amendment (No. 15) proposed to the Bill, in page 24, line 28, at the end, to insert the words--

    '(7A) The Commissioner shall maintain a register containing--

    (a) a copy of every enforcement notice issued under this section;

    (b) such other particulars relating to such notices as the Secretary of State may by order prescribe.

    (7B) The provisions of sections 19(6) and (7) shall apply in relation to the register maintained under this section as they do in relation to the register maintained under section 19(1).'.--(Mr Richard Shepherd.)

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

    Other Amendments (Nos. 39 to 46, 79, 85 to 87, 47, 88 to 90, 48, 49, 91 and 50) made to the Bill.

    A Schedule (Meaning of "educational record")--(Mr Geoffrey Hoon)--brought up, read the first and second time, and added to the Bill.

    Other Amendments (Nos. 51 to 53) made to the Bill.

    Another Amendment (No. 14) proposed to the Bill, in page 48, line 40, at the end, to insert the words--

    '9A. The data controller must take reasonable steps to ensure that any computer system used in processing the personal data is capable of dealing accurately with dates later than 31st December 1999.'.--(Mr David Atkinson.)

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

    Another Amendment (No. 54) made to the Bill.

    Another Amendment (No. 10) proposed to the Bill, in page 51, line 7, at the end, to insert the words--

    '4A. The information contained in the personal data has been obtained by the canvassing of data subjects by registered political parties.'.--(Mr John Greenway.)

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

    Other Amendments (Nos. 55 to 60, 80 and 81) made to the Bill.

    Another Amendment (No. 7) proposed to the Bill, in page 65, line 9, at the end, to add the words--

'Part V

Change to the Definition of Relevant Filing System after 23rd October 2007

    20. The definition of relevant filing system in section 1(1) of this Act shall be modified so that the definition ends after the third occurrence of the word "individuals".

    21. Paragraph 20 shall have effect after 23rd October 2007.'.--(Mr Harry Cohen.)

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

    Other Amendments (Nos. 61 to 67, 82, 68 and 69) made to the Bill.

    A Motion being made, That the Bill be now read the third time;

    Mr Secretary Dobson, by Her Majesty's Command, acquainted the House, That Her Majesty, having being informed of the purport of the Bill, gives her Consent, as far as Her Majesty's interest is concerned, That the House may do therein as it shall think fit.

    Mr Secretary Dobson, by Command of the Prince of Wales, acquainted the House, That His Royal Highness, having being informed of the purport of the Bill, gives his Consent, as far as the Prince of Wales's interest is concerned, That the House may do therein as it shall think fit.

    And the Question being put:--It was agreed to.

    The Bill was accordingly read the third time, and passed, with Amendments.

8 Non-sitting Fridays,--Ordered,--That the Order of 19th May 1997 relating to Non-sitting Fridays be amended by leaving out 'and 10th July'.--(Mr Robert Ainsworth.)

9 Adjournment,--A Motion was made, and the Question being proposed, That this House do now adjourn--(Mr Robert Ainsworth);

    And it being Ten o'clock, the Motion for the Adjournment of the House lapsed, without Question put.

10 Adjournment,--Resolved, That this House do now adjourn--(Janet Anderson.)

    And accordingly the House, having continued to sit till half-past Ten o'clock, adjourned till to-morrow

[Adjourned at 10.30 p.m.

Betty Boothroyd
Speaker

Madam Speaker will take the Chair at half-past Nine o'clock.

APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1 Immigration,--Draft Special Immigration Appeals Commission (Procedure) Rules 1998 [by Act] [Mr Geoffrey Hoon].

2 Social Security,--Draft Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Amendment Regulations 1998 [by Act] [Mr Secretary Prescott].

Papers subject to Negative Resolution:

3 Harbours,--Larne Harbour Order (Northern Ireland) 1998 (S.R.(N.I.), 1998, No. 221), dated 17th June 1998 [by Act] [Secretary Marjorie Mowlam].

4 Local Government,--Local Government Reorganisation (Wales) (Repeal of Enactments) Order 1998 (S.I., 1998, No. 1562), dated 24th June 1998 [by Act] [Mr Secretary Davies].

5 Sports Grounds and Sporting Events,--Football Spectators (Seating) Order 1998 (S.I., 1998, No. 1599), dated 30th June 1998 [by Act] [Mr Secretary Smith].

Other Papers:

6 National Health Service (Scotland),--Report and Accounts of the Scottish Hospital Trust for 1997-98 [by Act]; to be printed [No. 780] [Mr Secretary Dewar].

7 Pensions,--Accounts of the Occupational Pensions Regulatory Authority for 1997-98, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 908] [Clerk of the House].

APPENDIX II

Reports from Select Committees

1 Education and Employment,--Minutes of Evidence taken before the Employment Sub-Committee of the Education and Employment Committee on 2nd July [The Performance and future role of the Employment Service]; to be printed [No. 904-i] [Mr Derek Foster].

2 European Legislation,--Minutes of Evidence taken before the Select Committee on European Legislation on 31st March [European Court of Auditors]; to be printed [No. 909] [Mr Jimmy Hood].

3 Foreign Affairs,--Minutes of Proceedings of the Foreign Affairs Committee on 30th June [Mr Donald Anderson].

4 Treasury,--(1) Sixth Special Report from the Treasury Committee [The Government's Response to the Committee's Fifth Report, on The UK and Preparations for Stage Three Economic and Monetary Union] [No. 905]; and

    (2) Minutes of Evidence taken before the Committee on 2nd July [Financial Services Authority]; to be printed [No. 712-iv]

[Mr Giles Radice].

THE SPEAKER'S CERTIFICATE

The Speaker certified that the Finance (No. 2) Bill is a Money Bill within the meaning of the Parliament Act 1911.

CORRIGENDUM

In the Votes and Proceedings for Wednesday 1st July 1998, in Appendix III, item 6, paragraph 5 should have read as follows:

    Minutes of Evidence taken before the Committee of Public Accounts on 1st July [Obtaining a Benefit for Electricity Customers from the Flotation of the National Grid]; to be printed [No. 902-i].

The House met at half-past Two o'clock.
PRAYERS.
1	Lloyds TSB Bill [Lords],--The Order of the day being read, for the third reading of the Lloyds TSB Bill [Lords];
	Ordered, That the Bill be read the third time on Thursday 9th July.
2	Northern Ireland Grand Committee,--Mr Peter Atkinson reported from the Northern Ireland Grand Committee, That it had considered the draft Appropriation (No. 2) (Northern Ireland) Order 1998, referred to it on 17th June, and had directed him to report accordingly to the House.
	Minutes of Proceedings of the Committee to be printed [No. 430].
3	Tenth Standing Committee on Delegated Legislation,--Mrs Gwyneth Dunwoody reported from the Tenth Standing Committee on Delegated Legislation the draft Education (Northern Ireland) Order 1998.
	Minutes of Proceedings of the Committee to lie upon the Table.
4	Wild Mammals (Hunting with Dogs) Bill,--The Order for further considering the Wild Mammals (Hunting with Dogs) Bill to-morrow was read and discharged.
	Bill withdrawn.
5	Royal Assent,--The Speaker notified the House in accordance with the Royal Assent Act 1967, That Her Majesty had signified Her Royal Assent to the following Acts, agreed upon by both Houses, and to the following Measure passed under the provisions of the Church of England (Powers) Act 1919:
	National Lottery Act 1998
	Public Interest Disclosure Act 1998
	Road Traffic Reduction (National Targets) Act 1998
	National Institutions Measure 1998.
6	Human Rights Bill [Lords] (Committee) [4th allotted day],--The House, according to Order, again resolved itself into a Committee on the Human Rights Bill [Lords].
	(In the Committee)
	A Clause (Freedom of thought, conscience and religion)--(Mr Secretary Straw)--brought up, read the first and second time, and added.
	Another Clause (Freedom of expression)--(Mr Secretary Straw)--brought up, read the first and second time, and added.
	A Clause (Guarantee of non-discrimination)--(Mr Robert Maclennan)--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 Andrew Stunell, Mr David Heath: 18.
	Tellers for the Noes, Mr David Clelland, Mr Robert Ainsworth: 234.
	Schedule No. 1 (The Articles).
	Amendment (No. 112) made.
	Schedule, as amended, agreed to.
	Schedule No. 2 agreed to.
	Schedule No. 3 (Judicial Pensions).
	Question proposed, That the Schedule be the Third Schedule to the Bill.
	And it being three hours after commencement of proceedings on the Bill this day the Chairman, pursuant to Orders [1st June and 17th June], put forthwith the Questions necessary for the disposal of proceedings in the Committee.
	Schedule agreed to.
	A Schedule (Remedial Orders)--(Mr John McFall) brought up, and added.
	Bill, as amended, to be reported.

	The Deputy Speaker resumed the Chair and Mr John McFall reported, That the Committee had gone through the Bill and made Amendments thereunto.
	Ordered, That the Bill, as amended in the Committee, be considered to-morrow and be printed [Bill 219].
7	Data Protection Bill [Lords],--The House, according to Order, proceeded to consider the Data Protection Bill [Lords], as amended in the Standing Committee.
	Amendments (Nos. 19 to 29, 70, 30 and 71 to 78) made to the Bill.
	Amendment (No. 13) proposed to the Bill, in page 17, line 43, at the end, to insert the words--
	'(13) The relevant Commissioner may--
	(a) investigate any procedure which relates to--
	(i) the processing of personal data for the purpose of safeguarding national security,
	(ii) the application of an exemption which is required for the purpose of safeguarding national security, or
	(iii) the signing of a certificate under this section,
	(b) make any recommendation which relates to--
	(i) an investigation under paragraph (a) of this subsection, or
	(ii) safeguarding the interests of data subjects, and
	(c) if appropriate--
	(i) raise any matter which relates to an investigation in an annual report, or in any other report to the Prime Minister, or
	(ii) liaise with the Data Protection Commissioner or another relevant Commissioner on matters which relate to an investigation.
	(14) The Data Protection Commissioner may raise with a relevant Commissioner any matter which relates to the processing of personal data for the purpose of safeguarding national security.
	(15) In this section, the "relevant Commissioner" means the Commissioner appointed by virtue of--
	(a) section 4 of the Security Service Act 1989,
	(b) section 8 of the Intelligence Services Act 1994,
	(c) section 91 of the Police Act 1997, or
	(d) section 8 of the Interception of Communications Act 1985.'.--(Mr Harry Cohen.)
	Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
	Another Amendment (No. 8) proposed to the Bill, in page 17, line 45, after the word 'prevention' to insert the word 'investigation'.--(Mr John Greenway.)
	Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
	Another Amendment (No. 9) proposed, in page 18, line 1, after the word 'offenders' to insert the words--
	'(ba) the safeguarding of public security,'.--(Mr John Greenway.)
	Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
	Amendments (Nos. 83, 84, 31 and 32) made to the Bill.
	Another Amendment (No. 4) proposed to the Bill, in page 22, line 30, at the end, to insert the words--
	'(2) The Secretary of State may by order, where personal data are held on a public register, lay down conditions which shall be complied with by any person who has access to the register.
	(3) An order under this section may make specific provisions with respect to a particular public register.'.--(Mr Harry Cohen.)
	Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
	Amendments (Nos. 33 to 38) made to the Bill.
	Another Amendment (No. 15) proposed to the Bill, in page 24, line 28, at the end, to insert the words--
	'(7A) The Commissioner shall maintain a register containing--
	(a) a copy of every enforcement notice issued under this section;
	(b) such other particulars relating to such notices as the Secretary of State may by order prescribe.
	(7B) The provisions of sections 19(6) and (7) shall apply in relation to the register maintained under this section as they do in relation to the register maintained under section 19(1).'.--(Mr Richard Shepherd.)
	Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
	Other Amendments (Nos. 39 to 46, 79, 85 to 87, 47, 88 to 90, 48, 49, 91 and 50) made to the Bill.
	A Schedule (Meaning of "educational record")--(Mr Geoffrey Hoon)--brought up, read the first and second time, and added to the Bill.
	Other Amendments (Nos. 51 to 53) made to the Bill.
	Another Amendment (No. 14) proposed to the Bill, in page 48, line 40, at the end, to insert the words--
	'9A. The data controller must take reasonable steps to ensure that any computer system used in processing the personal data is capable of dealing accurately with dates later than 31st December 1999.'.--(Mr David Atkinson.)
	Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
	Another Amendment (No. 54) made to the Bill.
	Another Amendment (No. 10) proposed to the Bill, in page 51, line 7, at the end, to insert the words--
	'4A. The information contained in the personal data has been obtained by the canvassing of data subjects by registered political parties.'.--(Mr John Greenway.)
	Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
	Other Amendments (Nos. 55 to 60, 80 and 81) made to the Bill.
	Another Amendment (No. 7) proposed to the Bill, in page 65, line 9, at the end, to add the words--
	'Part V
	Change to the Definition of Relevant Filing System after 23rd October 2007
	20. The definition of relevant filing system in section 1(1) of this Act shall be modified so that the definition ends after the third occurrence of the word "individuals".
	21. Paragraph 20 shall have effect after 23rd October 2007.'.--(Mr Harry Cohen.)
	Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
	Other Amendments (Nos. 61 to 67, 82, 68 and 69) made to the Bill.
	A Motion being made, That the Bill be now read the third time;
	Mr Secretary Dobson, by Her Majesty's Command, acquainted the House, That Her Majesty, having being informed of the purport of the Bill, gives her Consent, as far as Her Majesty's interest is concerned, That the House may do therein as it shall think fit.
	Mr Secretary Dobson, by Command of the Prince of Wales, acquainted the House, That His Royal Highness, having being informed of the purport of the Bill, gives his Consent, as far as the Prince of Wales's interest is concerned, That the House may do therein as it shall think fit.
	And the Question being put:--It was agreed to.
	The Bill was accordingly read the third time, and passed, with Amendments.
8	Non-sitting Fridays,--Ordered,--That the Order of 19th May 1997 relating to Non-sitting Fridays be amended by leaving out 'and 10th July'.--(Mr Robert Ainsworth.)
9	Adjournment,--A Motion was made, and the Question being proposed, That this House do now adjourn--(Mr Robert Ainsworth);
	And it being Ten o'clock, the Motion for the Adjournment of the House lapsed, without Question put.
10	Adjournment,--Resolved, That this House do now adjourn--(Janet Anderson.)
	And accordingly the House, having continued to sit till half-past Ten o'clock, adjourned till to-morrow
[Adjourned at 10.30 p.m.
*Betty Boothroyd* *Speaker*
Madam Speaker will take the Chair at half-past Nine o'clock.
APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Affirmative Resolution:
1	Immigration,--Draft Special Immigration Appeals Commission (Procedure) Rules 1998 [by Act] [Mr Geoffrey Hoon].
2	Social Security,--Draft Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Amendment Regulations 1998 [by Act] [Mr Secretary Prescott].
Papers subject to Negative Resolution:
3	Harbours,--Larne Harbour Order (Northern Ireland) 1998 (S.R.(N.I.), 1998, No. 221), dated 17th June 1998 [by Act] [Secretary Marjorie Mowlam].
4	Local Government,--Local Government Reorganisation (Wales) (Repeal of Enactments) Order 1998 (S.I., 1998, No. 1562), dated 24th June 1998 [by Act] [Mr Secretary Davies].
5	Sports Grounds and Sporting Events,--Football Spectators (Seating) Order 1998 (S.I., 1998, No. 1599), dated 30th June 1998 [by Act] [Mr Secretary Smith].
Other Papers:
6	National Health Service (Scotland),--Report and Accounts of the Scottish Hospital Trust for 1997-98 [by Act]; to be printed [No. 780] [Mr Secretary Dewar].
7	Pensions,--Accounts of the Occupational Pensions Regulatory Authority for 1997-98, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 908] [Clerk of the House].
APPENDIX II
Reports from Select Committees
1	Education and Employment,--Minutes of Evidence taken before the Employment Sub-Committee of the Education and Employment Committee on 2nd July [The Performance and future role of the Employment Service]; to be printed [No. 904-i] [Mr Derek Foster].
2	European Legislation,--Minutes of Evidence taken before the Select Committee on European Legislation on 31st March [European Court of Auditors]; to be printed [No. 909] [Mr Jimmy Hood].
3	Foreign Affairs,--Minutes of Proceedings of the Foreign Affairs Committee on 30th June [Mr Donald Anderson].
4	Treasury,--(1) Sixth Special Report from the Treasury Committee [The Government's Response to the Committee's Fifth Report, on The UK and Preparations for Stage Three Economic and Monetary Union] [No. 905]; and
	(2) Minutes of Evidence taken before the Committee on 2nd July [Financial Services Authority]; to be printed [No. 712-iv]
	[Mr Giles Radice].

THE SPEAKER'S CERTIFICATE
	The Speaker certified that the Finance (No. 2) Bill is a Money Bill within the meaning of the Parliament Act 1911.

CORRIGENDUM
	In the Votes and Proceedings for Wednesday 1st July 1998, in Appendix III, item 6, paragraph 5 should have read as follows:
	Minutes of Evidence taken before the Committee of Public Accounts on 1st July [Obtaining a Benefit for Electricity Customers from the Flotation of the National Grid]; to be printed [No. 902-i].