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Column 399

Patchett, Terry

Skinner, Dennis

Tellers for the Noes :

Mr. Bob Cryer and

Mr. Peter L. Pike.

Question accordingly agreed to.

EUROPEAN COMMUNITY LEGISLATION

Motion made, and Question put,

That in the opinion of this House :--

(1) No Minister of the Crown should give agreement in the Council of Ministers to any proposal for European Community legislation-- (a) which is still subject to scrutiny (that is, on which the Select Committee on European Legislation has not completed its scrutiny) or

(b) which is awaiting consideration by the House (that is, which has been recommended by the Select Committee for consideration pursuant to Standing Order No. 102 (European Standing Committees) but in respect of which the House has not come to a Resolution, either on a Resolution reported by a European Standing Committee or otherwise) ;

(2) In this Resolution, any reference to agreement to a proposal includes, in the case of a proposal on which the Council acts in co-operation with the European Parliament, agreement to a common position.

(3) The Minister concerned may, however, give agreement : (a) to a proposal which is still subject to scrutiny if he considers that it is confidential, routine or trivial or is substantially the same as a proposal on which scrutiny has been completed ;

(b) to a proposal which is awaiting consideration by the House if the Select Committee has indicated that agreement need not be withheld pending consideration.

(4) The Minister concerned may also give agreement to a proposal which is still subject to scrutiny or awaiting consideration by the House if he decides that for special reasons agreement should be given ; but he should explain his reasons--

(i) in every such case, to the Select Committee at the first opportunity after reaching his decision ; and

(ii) in the case of a proposal awaiting consideration by the House, to the House at the first opportunity after giving agreement. (5) In relation to any proposal which requires adoption by unanimity, abstention shall, for the purposes of paragraph (4), be treated as giving agreement.-- [Mr. Chapman.]

The House proceeded to a Division--

Mr. Roger Knapman (Stroud) (seated and covered) : On a point of order, Madam Deputy Speaker. I wish to draw your attention to motion No. 5, paragraph (5) of which states :

"abstention shall, for the purposes of paragraph (4), be treated as giving agreement."

Is there any precedent in the history of British Parliaments for abstention being treated as agreement?

Madam Deputy Speaker : Order. I should not go so far as to say that there was a precedent, but I can inform the hon. Gentleman that it is certainly not a matter for the Chair.

The House having divided : Ayes 165, Noes 8.

Division No. 337] [7.46 pm

AYES

Abbott, Ms Diane

Allen, Graham

Arbuthnot, James

Arnold, Jacques (Gravesham)

Arnold, Sir Thomas

Atkins, Robert

Atkinson, David

Baker, Rt Hon K. (Mole Valley)

Baker, Nicholas (Dorset N)

Banks, Tony (Newham NW)

Barnes, Harry (Derbyshire NE)

Barron, Kevin

Beggs, Roy

Bendall, Vivian

Bennett, Nicholas (Pembroke)

Benyon, W.

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Column 400

Boscawen, Hon Robert

Boswell, Tim

Bottomley, Peter

Bottomley, Mrs Virginia

Bowis, John

Brazier, Julian

Bright, Graham

Brooke, Rt Hon Peter

Browne, John (Winchester)

Buckley, George J.

Budgen, Nicholas

Burns, Simon

Carlisle, Kenneth (Lincoln)

Carrington, Matthew

Cash, William

Channon, Rt Hon Paul

Chapman, Sydney

Churchill, Mr

Clark, Hon Alan (Plym'th S'n)

Colvin, Michael

Conway, Derek

Cope, Rt Hon John

Cormack, Patrick

Curry, David

Dalyell, Tam

Davies, Q. (Stamf'd & Spald'g)

Davis, David (Boothferry)

Dixon, Don

Douglas-Hamilton, Lord James

Dover, Den

Emery, Sir Peter

Fallon, Michael

Fishburn, John Dudley

Flynn, Paul

Forsythe, Clifford (Antrim S)

Freeman, Roger

Gale, Roger

Garel-Jones, Tristan

Glyn, Dr Sir Alan

Godman, Dr Norman A.

Golding, Mrs Llin

Goodlad, Alastair

Graham, Thomas

Greenway, Harry (Ealing N)

Greenway, John (Ryedale)

Griffiths, Peter (Portsmouth N)

Grist, Ian

Hague, William

Hanley, Jeremy

Hargreaves, A. (B'ham H'll Gr')

Harris, David

Hawkins, Christopher

Hayhoe, Rt Hon Sir Barney

Heathcoat-Amory, David

Heseltine, Rt Hon Michael

Hind, Kenneth

Home Robertson, John

Hordern, Sir Peter

Howarth, Alan (Strat'd-on-A)

Howe, Rt Hon Sir Geoffrey

Howell, Rt Hon David (G'dford)

Howells, Geraint

Howells, Dr. Kim (Pontypridd)

Hughes, Robert G. (Harrow W)

Hughes, Simon (Southwark)

Hunt, David (Wirral W)

Irvine, Michael

Irving, Sir Charles

Jack, Michael

Jackson, Robert

Jopling, Rt Hon Michael

Kellett-Bowman, Dame Elaine

Key, Robert

Kilfedder, James

King, Roger (B'ham N'thfield)

Knight, Greg (Derby North)

Knowles, Michael

Lawrence, Ivan

Leighton, Ron

Lester, Jim (Broxtowe)

Lightbown, David

Lilley, Peter

Livsey, Richard

Lloyd, Peter (Fareham)

Lofthouse, Geoffrey

Lord, Michael

Lyell, Rt Hon Sir Nicholas

McKay, Allen (Barnsley West)

MacKay, Andrew (E Berkshire)

Maclean, David

McLoughlin, Patrick

Mans, Keith

Maples, John

Martin, David (Portsmouth S)

Mellor, David

Michael, Alun

Mitchell, Andrew (Gedling)

Morrison, Rt Hon P (Chester)

Moss, Malcolm

Moynihan, Hon Colin

Neale, Gerrard

Needham, Richard

Neubert, Michael

Newton, Rt Hon Tony

Nicholson, David (Taunton)

Norris, Steve

O'Brien, William

Orme, Rt Hon Stanley

Page, Richard

Paice, James

Patchett, Terry

Patnick, Irvine

Patten, Rt Hon John

Pike, Peter L.

Primarolo, Dawn

Raffan, Keith

Redwood, John

Roberts, Sir Wyn (Conwy)

Sackville, Hon Tom

Sainsbury, Hon Tim

Salmond, Alex

Shaw, Sir Giles (Pudsey)

Shaw, Sir Michael (Scarb')

Shelton, Sir William

Shepherd, Colin (Hereford)

Sillars, Jim

Skeet, Sir Trevor

Smith, Tim (Beaconsfield)

Spearing, Nigel

Steen, Anthony

Stevens, Lewis

Stewart, Andy (Sherwood)

Summerson, Hugo

Taylor, Ian (Esher)

Taylor, Rt Hon J. D. (S'ford)

Taylor, John M (Solihull)

Tebbit, Rt Hon Norman

Thompson, D. (Calder Valley)

Thompson, Patrick (Norwich N)

Thurnham, Peter

Tracey, Richard

Wells, Bowen

Welsh, Andrew (Angus E)

Wheeler, Sir John

Wise, Mrs Audrey

Wood, Timothy

Woodcock, Dr. Mike

Yeo, Tim

Young, Sir George (Acton)

Tellers for the Ayes :

Mr. Neil Hamilton and

Mr. Timothy Kirkhope.

NOES

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