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House of Commons
Session 1997-1998

Commons Journal 254

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Page 36            1997-1998      Volume 254      

[No. 12.]

Monday 2nd June 1997.

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

PRAYERS.

1Accounts and Papers (see Appendix).

2Education (Schools) Bill,—The Order of the day being read, for the Second Reading of the Education (Schools) Bill;

And a Motion being made, and the Question being put, That the Bill be now read a second time;

The House divided.

Tellers for the Ayes, Mr Kevin Hughes, Mr Graham Allen: 413.

Tellers for the Noes, Mr Richard Ottaway, Mr Bowen Wells: 153.

So the Question was agreed to.

The Bill was accordingly read a second time.

A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 63 (Committal of bills), That the Bill be committed to a Committee of the whole House—(Mr Stephen Byers):—It was agreed to.

Committee to-morrow.

3Education (Schools) Bill [Money],—Her Majesty's Recommendation having been signified to the proposed Motion relating to Education (Schools) Bill [Money];

A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Education (Schools) Bill, it is expedient to authorise the payment out of money provided by Parliament of any expenses incurred by the Secretary of State under the Act—(Mr David Jamieson);

The House divided.

Tellers for the Ayes, Mr Kevin Hughes, Mr Graham Allen: 398.

Tellers for the Noes, Mr Richard Ottaway, Mr Bowen Wells: 152.

So the Question was agreed to.

Resolved, That for the purposes of any Act resulting from the Education (Schools) Bill, it is expedient to authorise the payment out of money provided by Parliament of any expenses incurred by the Secretary of State under the Act.

4Northern Ireland,—A Motion was made, and the Question being proposed, That the draft Northern Ireland (Entry to Negotiations, etc) Act 1996 (Revival of Section 3) Order 1997, which was laid before this House on 15th May, be approved—(Secretary Marjorie Mowlam);

Tuesday 3rd June 1997

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

5Adjournment,—Resolved, That this House do now adjourn.—(Mr Jim Dowd.)

And accordingly the House, having continued to sit till twenty-eight minutes past One o'clock on Tuesday morning, adjourned till this day.

[Adjourned at 1.28 a.m.


APPENDIX

Papers presented by Her Majesty's Command and delivered to the Votes and Proceedings Office during the Adjournment pursuant to Standing Order No. 158 (Presentation of command papers):

1Environment,—Department of the Environment Minute concerning a contingent liability consequent on the revocation of planning permission on a site forming part of the Medway Estuary and Marshes Special Protection Area [Mr Secretary Prescott].

2Immigration,—Statement of Changes in Immigration Rules [Cm. 3669] [Mr Secretary Straw].

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3Miscellaneous (No. 7, 1997),—Comprehensive Nuclear-Test-Ban Treaty, adopted at New York on 10th September 1996, with Annexes and Protocol [Cm. 3665] [Mr Secretary Cook].

4Treaty Series (No. 31, 1997),—Notes exchanged at Dakar on 30th January 1997 and Bamako on 14th February 1997, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Mali concerning certain commercial debts (United Kingdom/Mali Debt Agreement No. 4 (1996)) [Cm. 3659] [Mr Secretary Cook].

5Treaty Series (No. 32, 1997),—Convention, done at London on 12th November 1996, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Jamaica on Social Security, with Protocol [Cm. 3666] [Mr Secretary Cook].

Papers delivered to the Votes and Proceedings Office on the undermentioned dates during the Adjournment pursuant to Standing Order No. 159 (Presentation of statutory instruments):

Papers subject to Negative Resolution:

23rd May 1997

6Food,—(1) Novel Foods and Novel Food Ingredients Regulations 1997 (S.I., 1997, No. 1335), dated 21st May 1997, and

(2) Novel Foods and Novel Food Ingredients (Fees) Regulations 1997 (S.I., 1997, No. 1336), dated 22nd May 1997

[by Act] [Dr Jack Cunningham].

28th May 1997

7National Health Service,—Gloucestershire Health Authority (Transfers of Trust Property) Order 1997 (S.I., 1997, No. 1326), dated 20th May 1997 [by Act] [Mr Secretary Dobson].

29th May 1997

8Merchant Shipping,—Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 (S.I., 1997, No. 1320), dated 19th May 1997 [by Act] [Dr Gavin Strang].

30th May 1997

9Criminal Law,—(1) Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1997 (S.I., 1997, No. 1316),

(2) Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 1997 (S.I., 1997, No. 1317), and

(3) Drug Trafficking Act 1994 (Designated Countries and Territories) (Amendment) Order 1997 (S.I., 1997, No. 1318),

dated 20th May [by Act] [Mrs Ann Taylor].

10Education,—Education (Individual Pupils' Achievements) (Information) Regulations 1997 (S.I., 1997, No. 1368), dated 29th May 1997 [by Act] [Mr Secretary Blunkett].

11Wildlife,—Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I., 1997, No. 1372), dated 29th May 1997 [by Act] [Mr Secretary Prescott].

Other Papers:

30th May 1997

12Companies,—Companies Overseas Branch Registers (Hong Kong) Order 1997 (S.I., 1997, No. 1313), dated 20th May 1997 [by Act] [Mrs Ann Taylor].

Papers presented or laid upon the Table on Monday 2nd June 1997

Papers subject to Negative Resolution:

13Family Law,—Child Support Commissioners (Procedure) (Amendment) Regulations (Northern Ireland) 1997 (S.R.(N.I.), 1997, No. 258), dated 29th May 1997 [by Statutory Instrument] [Mr Geoff Hoon].

14Road Traffic,—Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1997 (S.I., 1997, No. 1340), dated 14th May 1997 [by Act] [Dr Gavin Strang].

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Other Papers:

15National Health Service,—Statement of Guarantee given by the Secretary of State for Health on loans proposed to be raised by Hereford Hospitals National Health Service Trust [by Act] [Mr Secretary Dobson].

16National Health Service,—Statements of Guarantee given by the Secretary of State for Wales on loans proposed to be raised by—

(1) Bridgend & District National Health Service Trust,

(2) Carmarthen and District Health Service Trust,

(3) Glan Clwyd National Health Service Trust,

(4) Llanelli/Dinefwr National Health Service Trust, and

(5) North Glamorgan National Health Service Trust

[by Act] [Mr Secretary Davies].

17Public Petitions,—Observations by the Secretary of State for the Environment, Transport and the Regions on—

(1) the Petition [18th March, in the last Session of Parliament] from the National Local Government Forum Against Poverty and the North Wales Anti-Poverty Forum concerning the use of pre-payment devices as a means of payment for water and sewerage services, and

(2) the Petition [19th March, in the last Session of Parliament] from residents of Cambridgeshire concerning Cambridgeshire's standard spending assessment

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

Paper withdrawn:

18Firearms,—Draft Firearms (Amendment) Act 1997 Compensation Scheme [laid on 22nd May].


[No. 13.]

Tuesday 3rd June 1997.

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

PRAYERS.

1Queen's Speech (Answer to Address),—The Vice Chamberlain of the Household reported to the House, That Her Majesty, having been attended with its Address of 20th May, was pleased to receive the same very graciously and give the following Answer:

I have received with great satisfaction the loyal and dutiful expression of your thanks for the speech with which I opened the present Session of Parliament.

2Sessional Returns,—Ordered, That there be laid before this House Returns for Session 1996–97 of—

(1) Business of the House;

(2) Closure of Debate and Allocation of Time;

(3) Private Bills and Private Business;

(4) Public Bills;

(5) Sittings of the House;

(6) Special Procedure Orders;

(7) Standing Committees;

(8) Select Committees; and

(9) Delegated Legislation and Deregulation Proposals, &c.

in the same terms as the Orders made on 29th October 1996.—(The First Deputy Chairman of Ways and Means.)

3Contingencies Fund 1995–96,—Ordered, That there be laid before this House Accounts of the Contingencies Fund, 1995–96, showing:—

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(1) The Receipts and Payments in connection with the Fund in the year ended the 31st day of March 1996.

(2) The Distribution of the Capital of the Fund at the commencement and close of the year, with the Report of the Comptroller and Auditor General thereon.—(Mr Graham Allen.)

4Accounts and Papers (see Appendix).

5Referendums (Scotland and Wales) Bill (Allocation of Time),—A Motion was made, and the Question being put, That the following provisions shall apply to the remaining proceedings on the Referendums (Scotland and Wales) Bill:—

Committee

1.—(1) Proceedings in Committee shall be completed at the sittings this day and tomorrow.

(2) At the sitting this day, proceedings on any amendments to Clause 1—

(a) which may be selected, and

(b) which would amend that Clause at any place before the word ‘Scotland' at line 6 of page 1 of the Bill,

shall be brought to a conclusion, if not previously concluded, at half past Seven o'clock.

(3) At the sitting this day, proceedings on any amendment to Clause 1—

(a) which may be selected, and

(b) which would leave out the word ‘Scotland' at line 6 of page 1 of the Bill and insert other words in its place,

shall be brought to a conclusion, if not previously concluded, at half past Eight o'clock.

(4) At the sitting tomorrow, proceedings on any amendment to Clause 1—

(a) which may be selected, and

(b) which would leave out the words ‘and tax-varying powers of a Scottish Parliament' at lines 6 and 7 of page 1 of the Bill and insert other words in their place,

shall be brought to a conclusion, if not previously concluded, at half past Four o'clock.

(5) At the sitting tomorrow, proceedings on any amendment to Clause 1—

(a) which may be selected, and

(b) which would leave out only the words ‘tax-varying powers' at line 6 of page 1 of the Bill and insert other words in their place,

shall be brought to a conclusion, if not previously concluded, at Six o'clock.

(6) At the sitting tomorrow, the remaining proceedings on Clause 1 and proceedings on any amendments to Clause 2—

(a) which may be selected, and

(b) which would amend the Bill at any place before the word ‘propositions' at line 7 of page 2 of the Bill,

shall be brought to a conclusion, if not previously concluded, at a quarter past Six o'clock.

(7) At the sitting tomorrow, proceedings on any amendment to Clause 2—

(a) which may be selected, and

(b) which would leave out the word ‘propositions' at line 7 of page 2 of the Bill,

shall be brought to a conclusion, if not previously concluded, at Eight o'clock.

(8) At the sitting tomorrow, the remaining proceedings in Committee shall be brought to a conclusion, if not previously concluded, at half past Eight o'clock.

(9) On the conclusion of the proceedings in Committee the Chairman shall report the Bill to the House without putting any Question and, if he reports the Bill with amendments, the House shall proceed to consider the Bill as amended without any Question being put.

Report and Third Reading

2. The proceedings on Consideration and on Third Reading shall be completed at the sitting tomorrow and shall, if not previously concluded, be brought to a conclusion at Ten o'clock.

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Conclusion of proceedings

3.—(1) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph 1 or 2, the Chairman or Speaker shall forthwith put the following Questions (but no others)—

(a) any Question already proposed from the Chair;

(b) any Question necessary to bring to a decision a Question so proposed;

(c) the Question on any amendment moved or Motion made by a Minister of the Crown;

(d) any other Question necessary for the disposal of the business to be concluded;

and on a Motion so made for a new Clause or a new Schedule, the Chairman or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.

(2) If, apart from this sub-paragraph, two or more Questions would fall to be put by the Chairman under sub-paragraph (1)(d) in relation to successive Clauses and Schedules, the Chairman shall instead put a single Question in relation to those Clauses and Schedules.

(3) If at the sitting tomorrow

(a) a Motion for the Adjournment of the House under Standing Order No. 24 (Adjournment on specific and important matter that should have urgent consideration) stands over to Seven o'clock, and

(b) proceedings to which this Order applies have begun before that time,

the bringing to a conclusion of any proceedings at that sitting in accordance with paragraph 1 or 2 shall be postponed for a period equal to the duration of the proceedings on that Motion; and paragraph (1) of Standing Order No. 15 (Exempted business) shall apply to remaining proceedings that day on the Bill then being considered.

Order of proceedings

4. No Motion shall be made to alter the order in which any proceedings on the Bill are taken.

Dilatory motions

5. No dilatory Motion with respect to, or in the course of, proceedings on the Bill shall be made except by a Minister of the Crown; and the Question on any such Motion shall be put forthwith.

Extra time

6. The following business shall not be interrupted under any Standing Order relating to the sittings of the House and may be decided, though opposed, at any hour—

(a) proceedings under paragraph 3(1) or (2);

(b) proceedings to which paragraph 3(3) applies;

(c) proceedings under paragraph 8(1).

Business Committee

7. Standing Order No. 82 (Business Committee) shall not apply to this Order.

Supplemental orders

8.—(1) The proceedings on any Motion made by a Minister of the Crown for varying or supplementing the provisions of this Order shall, if not previously concluded, be brought to a conclusion one hour after they have been commenced.

(2) If at the sitting this day or tomorrow the House is adjourned, or the sitting is suspended, before the time at which any proceedings are to be brought to a conclusion under paragraph 1 or 2, no notice shall be required of a Motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of this Order.

Recommittal

9.—(1) References in this Order to proceedings on Consideration or proceedings on Third Reading include references to proceedings at those stages, respectively, for, on or in consequence of recommittal.

(2) No debate shall be permitted on any Motion to recommit the Bill (whether as a whole or otherwise), and the Speaker shall put forthwith any Question necessary to dispose of the Motion, including the Question on any amendment moved to the Question—(Mr Secretary Dewar);

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The House divided.

Tellers for the Ayes, Ms Bridget Prentice, Mr Greg Pope: 420.

Tellers for the Noes, Mr Peter Ainsworth, Mr Bowen Wells: 154.

So the Question was agreed to.

6Referendums (Scotland and Wales) Bill,—The House, according to Order, resolved itself into a Committee on the Referendums (Scotland and Wales) Bill.

(In the Committee.)

Clause No. 1 (Referendum in Scotland).

Amendment (No. 2) proposed, in page 1, line 6, to leave out the word ‘Scotland' and insert the words ‘the United Kingdom', instead thereof.—(Mr William Cash.)

Question proposed, That the Amendment be made;

And it being half past Eight o'clock, the Chairman proceeded, pursuant to Order this day, to put forthwith the Question already proposed from the Chair.

The Committee divided.

Tellers for the Ayes, Mr Peter Luff, Mr Christopher Gill: 80.

Tellers for the Noes, Mr Clive Betts, Mr Jim Dowd: 411.

Another Amendment (No. 87) proposed, in page 1, line 6, to leave out the words ‘and tax-varying powers of a Scottish Parliament' ‘and insert the words ‘of a Scottish Parliament with tax-raising powers', instead thereof.—(Mr James Wallace.)

Question proposed, That the Amendment be made;

And it being Ten o'clock, the Chairman left the Chair to report progress and ask leave to sit again.


The Deputy Speaker resumed the Chair; and Mr Jon Owen Jones reported, That the Committee had made progress in the Bill, and moved, That the Committee may have leave to sit again.

Committee again to-morrow.

7Statutory Instruments (Joint Committee),—Ordered, That the Lords Message of 20th May relating to a Joint Committee of both Houses to scrutinise delegated legislation be now considered.—(Mr Jon Owen Jones.)

Lords Message considered accordingly.

Resolved, That this House doth concur with the Lords in their Resolution relating to the said Joint Committee.—(Mr Jon Owen Jones.)

Ordered, That the said Committee do meet with any committee appointed by the Lords on Thursday 5th June at half-past Four o'clock.

Message to the Lords to acquaint them therewith.

8Adjournment,—Resolved, That this House do now adjourn.—(Mr Jon Owen Jones.)

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

[Adjourned at 10.31 pm.


APPENDIX

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1Firearms,—Draft Firearms (Amendment) Act 1997 Compensation Scheme [by Act] [Mr Secretary Straw].

2Northern Ireland,—Northern Ireland (Emergency Provisions) Act 1996 (Amendment) Order 1997 (S.I., 1997, No. 1403), dated 3rd June 1997 [by Act] [Secretary Marjorie Mowlam].

Papers subject to Negative Resolution:

3Legal Aid, Advice and Assistance,—Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 1997 (S.R.(N.I.), 1997, No. 262), dated 2nd June 1997 [by Statutory Instrument] [Mr Geoff Hoon].

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4Merchant Shipping,—Merchant Shipping (Mandatory Ships' Routeing) Regulations 1997 (S.I., 1997, No. 1341), dated 21st May 1997 [by Act] [Dr Gavin Strang].

5Road Traffic,—Road Traffic (Special Parking Area) (London Borough of Croydon) Order 1997 (S.I., 1997, No. 1342), dated 27th May 1997 [by Act] [Dr Gavin Strang].

Other Papers:

6Armed Forces Pay,—Supplement to the Twenty-Sixth Report of the Review Body on Armed Forces Pay: Service Medical and Dental Officers [by Command] [Cm. 3655] [The Prime Minister].

7Audit (Northern Ireland),—Report by the Comptroller and Auditor General for Northern Ireland, entitled Towards Better Practice in the Management of Education and Library Board Transport Services [by Statutory Instrument]; to be printed [No. 10] [Secretary Marjorie Mowlam].

8Contingencies Fund, 1995–96,—Accounts of the Contingencies Fund for 1995–96, with the Report of the Comptroller and Auditor General thereon [pursuant to Order this day]; to be printed [No. 27] [Dawn Primarolo].

9Defence,—Atomic Weapons Establishment Act 1991 Amendment Order 1997 (S.I., 1997, No. 1396), dated 30th May 1997 [by Act] [Mr Secretary Robertson].

10Insolvency,—Report to the Secretary of State for Trade and Industry on the Bank of Credit and Commerce International SA (In Liquidation) for 16th January 1996 to 15th January 1997 [by Statutory Instrument] [Secretary Margaret Beckett].

11National Audit,—Report by the Comptroller and Auditor General on Vacant Office Property [by Act]; to be printed [No. 17] [Clerk of the House].

12New Towns (Scotland),—(1) Cumbernauld Development Corporation Dissolution Accounts for 1st January 1997 to 21st March 1997,

(2) Irvine Development Corporation Dissolution Accounts for 1st January to 21st March 1997, and

(3) Livingston Development Corporation Realisation Statement for 1st January 1997 to 21st March 1997

[by Act] [Mr Secretary Dewar].

13Treaty Series (No. 110, 1996),—Index to Treaty Series 1996 [by Command] [Cm. 3660] [Mr Secretary Cook].


[No. 14.]

Wednesday 4th June 1997.

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

PRAYERS.

1Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr Clive Betts);

And it being Two o'clock, the Motion for the adjournment of the House lapsed, without Question put, pursuant to the Standing Order.

2Selection,—Ordered, That Ms Charlotte Atkins, Mr Clive Betts, Mr Ian Davidson, Mr Fraser Kemp, Mr Andrew MacKay, Mr Patrick McLoughlin, Mr John McWilliam, Mr George Mudie and Mr Paul Tyler be members of the Committee of Selection.

That the members of the Committee of Selection nominated this day shall continue to be members of the Committee for the remainder of this Parliament.

That this Order be a Standing Order of the House.—(Mr David Clelland.)

3Accounts and Papers (see Appendix).

4Referendums (Scotland and Wales) Bill,—The House, according to Order, again resolved itself into a Committee on the Referendums (Scotland and Wales) Bill.

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(In the Committee)

Clause No. 1 (Referendum in Scotland);

Another Amendment (No. 87), proposed, in page 1, line 6, to leave out the words ‘and tax varying powers of a Scottish Parliament' and insert the words ‘of a Scottish Parliament with tax-raising powers', instead thereof;

Question again proposed, That the Amendment be made.

And it being half-past Four o'clock, the Chairman, pursuant to Order yesterday, put forthwith the Question already proposed from the Chair

The Committee divided.

Tellers for the Ayes, Mr Andrew Stunell, Mr Donald Gorrie: 70.

Tellers for the Noes, Mr Greg Pope, Mr John McFall: 344.

Another Amendment (No. 71) proposed, in page 1, line 6, to leave out the words ‘tax-varying powers' and insert the words ‘constitutional status', instead thereof.—(Mr Alex Salmond.)

Question proposed, That the Amendment be made;

And it being Six o'clock, the Chairman put forthwith the Question already proposed from the Chair.

The Committee divided.

Tellers for the Ayes, Mr Elfyn Llwyd, Mr Andrew Welsh: 45.

Tellers for the Noes, Mr Jon Owen Jones, Ms Bridget Prentice: 405.

And it being after a quarter past Six o'clock, the Chairman put forthwith the Question necessary for the disposal of business to be concluded at that hour.

Question put, That the Clause stand part of the Bill.

The Committee divided.

Tellers for the Ayes, Mr Jon Owen Jones, Ms Bridget Prentice: 360.

Tellers for the Noes, Mr Andrew Stunell, Mr Donald Gorrie: 66.

Clause No. 2 (Referendum in Wales).

Amendment (No. 68) proposed, in page 2, line 7, to leave out the word ‘propositions' and insert the word ‘options', instead thereof.—(Mr Ieuan Wyn Jones.)

Question put, That the Amendment be made;

The Committee divided.

Tellers for the Ayes, Mr Elfyn Llwyd, Mr Dafydd Wigley: 20.

Tellers for the Noes, Mr Graham Allen, Jane Kennedy: 330.

Clause agreed to.

It being half-past Eight o'clock, the Chairman put forthwith the Question necessary to bring to a conclusion the remaining proceedings in Committee.

Clauses Nos. 3 to 6 and Schedules Nos. 1 and 2 agreed to.

And it being after half-past Eight o'clock, the Chairman left the Chair to report the Bill to the House.


The Deputy Speaker resumed the Chair and Mr Jon Owen Jones reported, That the Committee had gone through the Bill, without Amendment.

A Motion was made, and the Question being put, That the Bill be now read the third time;

The House divided.

Tellers for the Ayes, Mr Graham Allen, Mr Clive Betts: 339.

Tellers for the Noes, Mr Patrick McLoughlin, Mr Peter Ainsworth: 148.

So the Question was agreed to.

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

5Business 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 relating to Modernisation of the House of Commons may be proceeded with, though opposed, until any hour—(Jane Kennedy):—It was agreed to.

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6Modernisation of the House of Commons,—Ordered, That a Select Committee of fifteen Members be appointed to consider how the practices and procedures of the House should be modernised, and to make recommendations thereon;

That the Committee shall seek to make a first Report to the House before the summer adjournment with its initial conclusions on ways in which the procedure for examining legislative proposals could be improved;

That five be the Quorum of the Committee;

That the Committee have power to send for persons, papers and records; to sit notwithstanding any adjournment of the House; to report from time to time; and to appoint specialist advisers;

That Mr Joe Ashton, Sir Patrick Cormack, Mr Huw Edwards, Sir Peter Emery, Mr Alastair Goodlad, Mr Mike Hall, Helen Jackson, Mr Peter L. Pike, Mr Clive Soley, Rachel Squire, Dr Phyllis Starkey, Mr Andrew Stunell, Mrs Ann Taylor, Mr Paul Tyler and Mr Nicholas Winterton be members of the Committee;

That this Order be a Standing Order of the House until the end of the present Parliament.—(Mrs Ann Taylor.)

7Statutory Instruments (Joint Committee),—Ordered, That Mr Andrew F. Bennett, Mr Colin Burgon, Mr Dominic Grieve, Ms Rosemary McKenna, Ms Diana Organ, Mr William Ross and Mr David Tredinnick be members of the Select Committee appointed to join with a Committee of the Lords as the Joint Committee on Statutory Instruments.—(Janet Anderson.)

8Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Janet Anderson);

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

[Adjourned at 11.58 p.m.


APPENDIX

Papers presented or laid upon the Table:

Papers subject to Negative Resolution:

1Police,—Police Act 1997 (Commencement No. 1 and Transitional Provisions) Order 1997 (S.I., 1997, No. 1377), dated 29th May 1997 [by Act] [Mr Secretary Straw].

2Supreme Court (Northern Ireland),—(1) Crown Court (Criminal Procedure and Investigations Act 1996) (Tainted Acquittals) Rules (Northern Ireland) 1997 (S.R.(N.I.), 1997, No. 266), and

(2) Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 1997 (S.R. (N.I.), 1997, No. 265),

dated 2nd June 1997 [by Act] [Mr Geoff Hoon].

Other Papers:

3Electricity,—Report of the Director General of Electricity Supply for 1996 [by Act]; to be printed [No. 16] [Secretary Margaret Beckett].


CHAIRMEN'S PANEL

Chairmen's Panel,—In pursuance of Standing Order No. 4 (Chairmen's Panel), the Speaker nominated Mr Donald Anderson, Mr John Butterfill, Dr Michael Clark, Mr Frank Cook, Sir Patrick Cormack, Mrs Gwyneth Dunwoody, Mr Roger Gale, Mr Jimmy Hood, Mr Barry Jones, Mr John McWilliam, Sir David Madel, Mr John Maxton, Mr Edward O'Hara, Mrs Ann Winterton and Mr Nicholas Winterton to be members of the Chairmen's Panel during this Session.


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[No. 15.]

Thursday 5th June 1997.

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

PRAYERS.

1Accounts and Papers (see Appendix I).

2Select Committees (see Appendix II).

3Message from the Lords,—A Message was brought from the Lords, as follows:

Statutory Instruments,—The Lords communicate that they have appointed a Committee of seven Lords to join with the Committee appointed by the Commons to consider—

(1) Every instrument which is laid before each House of Parliament and upon which proceedings may be or might have been taken in either House of Parliament, in pursuance of an Act of Parliament; being

(a) a statutory instrument, or a draft of a statutory instrument;

(b) a scheme, or an amendment of a scheme, or a draft thereof, requiring approval by statutory instrument;

(c) any other instrument (whether or not in draft), where the proceedings in pusuance of an Act of Parliament are proceedings by way of an affirmative resolution; or

(d) an order subject to special parliamentary procedure;

but excluding any Order in Council or draft Order in Council made or proposed to be made under paragraph 1 of Schedule 1 to the Northern Ireland Act 1974 and any draft order proposed to be made under section 1 of the Deregulation and Contracting Out Act 1994.

(2) Every general statutory instrument not within the foregoing classes, and not required to be laid before or to be subject to proceedings in the Commons only, but not including Measures under the Church of England Assembly (Powers) Act 1919 and instruments made under such Measures;

with a view to determining whether the special attention of the House should be drawn to it on any of the following grounds—

(i) that it imposes a charge on the public revenues or contains provisions requiring payments to be made to the Exchequer or any government department or to any local or public authority in consideration of any licence or consent or of any services to be rendered, or prescribes the amount of any such charge or payments;

(ii) that it is made in pursuance of any enactment containing specific provisions excluding it from challenge in the courts, either at all times or after the expiration of a specific period;

(iii) that it purports to have retrospective effect where the parent statute confers no express authority so to provide;

(iv) that there appears to have been unjustifiable delay in the publication or in the laying of it before Parliament;

(v) that there appears to have been unjustifiable delay in sending a notification under the proviso to subsection (1) of section 4 of the Statutory Instruments Act 1946, where an instrument has come into operation before it has been laid before Parliament;

(vi) that there appears to be a doubt whether it is intra vires or that it appears to make some unusual or unexpected use of the powers conferred by the statute under which it is made;

(vii) that for any special reasons its form or purport call for elucidation;

(viii) that its drafting appears to be defective;

or on any other ground which does not impinge on its merits or on the policy behind it, and to report their decision with the reasons thereof in any particular case;

The Lords have come to the following Resolutions, viz:

That two be the quorum of the Committee.

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That the Committee have power to agree with any Committee appointed by the Commons in the appointment of a Chairman.

That the Committee have power to appoint one or more Sub-Committees severally to join with any Sub-Committee or Sub-Committees appointed by any Committee appointed by the Commons; and to refer to such Sub-Committee or Sub-Committees any of the matters referred to the Committee.

That it be an instruction to the Committee that they do not consider any instrument which is directed by Act of Parliament to be laid before and to be subject to proceedings in the Commons only; and that the Committee do not join with any Committee appointed by the Commons in considering any such instrument.

That it be a further instruction to the Committee that, before reporting that the special attention of the House be drawn to any instrument, the Committee do afford to any government department concerned therewith an opportunity of furnishing orally or in writing to them or to any Sub-Committee of the Committee such explanations as the department think fit.

That the Joint Committee have leave to report from time to time.

That the Committee do meet this day at half-past Four o'clock.

4Education (Schools) Bill,—The House, according to Order, resolved itself into a Committee on the Education (Schools) Bill.

(In the Committee)

Clause No. 1 (Abolition of assisted places scheme in England and Wales).

Amendment (No. 7) proposed, in page 1, line 20, to leave out ‘1996–97' and insert ‘1999–2000', instead thereof.—(Mrs Cheryl Gillan.)

Question put, That the Amendment be made;

The Committee divided.

Tellers for the Ayes, Mr Richard Ottaway, Mr Peter Ainsworth: 138.

Tellers for the Noes, Mr Greg Pope, Jane Kennedy: 353.

Question proposed, That the Clause stand part of the Bill.

Mr David Jamieson rose in his place, and claimed to move, That the Question be now put.

And the Question being put, That the Question be now put;

The Committee divided.

Tellers for the Ayes, Mr Jim Dowd, Mr Graham Allen: 306.

Tellers for the Noes, Mr Richard Ottaway, Mr Peter Ainsworth: 52.

So the Question was agreed to.

And the Question being accordingly put;

The Committee divided.

Tellers for the Ayes, Mr Graham Allen, Mr Greg Pope: 306.

Tellers for the Noes, Mr Richard Ottaway, Mr Peter Ainsworth: 39.

Clause No. 2 (Transitional arrangements for existing assisted pupils).

Amendment (No. 9) proposed, in page 1, line 24, after the word ‘school', to insert the words ‘and their siblings'.—(Mrs Cheryl Gillan.)

And it being Ten o'clock, the Chairman left the Chair to report progress and ask leave to sit again.


The Deputy Speaker resumed the Chair; and Mr David Jamieson reported, That the Committee had made progress in the Bill, and moved, That the Committee may have leave to sit again.

5Business 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 Education (Schools) Bill may be proceeded with, though opposed, until any hour—(Mr David Jamieson);

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The House divided.

Tellers for the Ayes, Mr Jim Dowd, Jane Kennedy: 302.

Tellers for the Noes, Mr David Lidington, Mr David Wilshire: 39.

So the Question was agreed to.

6Education (Schools) Bill,—The House again resolved itself into a Committee on the Education (Schools) Bill.

(In the Committee)

Clause No. 2 (Transitional arrangements for existing assisted pupils).

Amendment (No. 9) proposed, in page 1, line 24, after the word ‘school', to insert the words ‘and their siblings'.

Question proposed, That the Amendment be made.

Friday 6th June 1997

Ms Bridget Prentice rose in her place, and claimed to move, That the Question be now put.

And the Question being put, That the Question be now put;

The Committee divided.

Tellers for the Ayes, Mr Jim Dowd, Mr Clive Betts: 246.

Tellers for the Noes, Mr Peter Luff, Mr David Lidington: 32.

So the Question was agreed to.

And the Question being accordingly put;

The Committee divided.

Tellers for the Ayes, Mr Peter Luff, Mr David Lidington: 29.

Tellers for the Noes, Mr Jim Dowd, Mr Clive Betts: 245.

Another Amendment (No. 11) proposed, in page 2, line 1, to leave out subsection (2).—(Mr Eric Forth.)

Question proposed, That the Amendment be made.

To report progress and ask leave to sit again.—(Mr Nicholas Brown.)


The Deputy Speaker resumed the Chair, and Mr David Jamieson reported, That the Committee had made progress in the Bill and that he was directed to move, That the Committee may have leave to sit again.

Committee again this day.

7Adjournment,—Resolved, That this House do now adjourn.—(Mr David Jamieson.)

And accordingly the House, having continued to sit till fifteen minutes to Two o'clock, adjourned till this day.

[Adjourned at 1.45 a.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Negative Resolution:

1Agriculture,—Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (National Limits) (Amendment) Regulations (Northern Ireland) 1997 (S.R.(N.I.), 1997, No. 243), dated 19th May 1997 [by Act] [Secretary Marjorie Mowlam].

2Food,—(1) Eggs (Marketing Standards) (Amendment) Regulations 1997 (S.I., 1997, No. 1414), and

(2) Miscellaneous Food Additives (Amendment) Regulations 1997 (S.I., 1997, No. 1413),

dated 4th June 1997 [by Act] [Dr Jack Cunningham].

3Immigration,—Statement of Changes in Immigration Rules [by Act]; to be printed [No. 26] [Mr Secretary Straw].

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4Local Government,—Local Government (General Grant) Order (Northern Ireland) 1997 (S.R.(N.I.), 1997, No. 242), dated 16th May 1997 [by Act] [Secretary Marjorie Mowlam].

5Road Traffic,—(1) Motor Vehicles (Approval) (Amendment) Regulations 1997 (S.I., 1997, No. 1366),

(2) Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1997 (S.I., 1997, No. 1367),

(3) Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1997 (S.I., 1997, No. 1365), and

(4) Road Traffic (Special Parking Area) (City of Westminster) (Amendment) Order 1997 (S.I., 1997, No. 1369),

dated 28th May 1997 [by Act] [Dr Gavin Strang].

Other Papers:

6Crown Agents,—(1) Accounts of the Crown Agents Holding and Realisation Board for 1996, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 32] [Clerk of the House]; and

(2) Report of the Chairman of the Crown Agents Holding and Realisation Board for 1996 [by Act] [Secretary Clare Short].

7Education and Employment,—Department of Education and Employment Minute concerning a contingent liability consequent on the indemnification of the administrative receiver of South Thames Training and Enterprise Council Ltd [by Command] [Mr Secretary Blunkett].

8National Health Service,—Statement of Guarantee given by the Secretary of State for Health on loans proposed to be raised by the Northern General Hospital National Health Service Trust [by Act] [Mr Secretary Dobson].

APPENDIX II

Reports from Select Committees

Statutory Instruments,—First Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 33-i] [Mr David Tredinnick].


[No. 16.]

Friday 6th June 1997.

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

PRAYERS.

1Accounts and Papers (see Appendix).

2Adjournment (Governance of London),—A Motion was made and the Question being proposed, That this House do now adjourn—(Ms Bridget Prentice);

And it being Eleven o'clock, the Speaker interrupted the proceedings, pursuant to Standing Order No. 11 (Friday sittings).

And the Question being again proposed, That this House do now adjourn;

The Motion was, with leave of the House, withdrawn.

3Business of the House,—Ordered, That, at the sitting on Monday 9th June, Standing Order No. 16 (Proceedings under an Act or on European Community documents) shall not apply to the Motion in the name of the Prime Minister relating to the European Union, and the Speaker shall put the Questions necessary to dispose of proceedings on that Motion not later than Ten o'clock.—(Mr Jim Dowd.)

4House of Commons Commission,—Resolved, That Mr Alastair Goodlad and Mr Archy Kirkwood be appointed members of the House of Commons Commission under the House of Commons (Administration) Act 1978.—(Mr Jim Dowd.)

5Public Accounts Commission,—Resolved, That Mr Denzil Davies and Dr Lewis Moonie be discharged from the Public Accounts Commission and that Mr Geoffrey Clifton-Brown,

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  Mr Austin Mitchell, Mr William O'Brien, Mr Robert Sheldon, Mr Andrew Tyrie, and Mr Alan Williams be appointed other members of the Public Accounts Commission under Section 2(1)(c) of the National Audit Act 1983.—(Mr Jim Dowd.)

6Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr Jim Dowd);

And the Motion having been made at half-past Two o'clock, and the Debate having continued for half an hour, the Deputy Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then Three o'clock, till Monday 9th June.

[Adjourned at 3 p.m.


APPENDIX

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1Contracting Out,—Draft Contracting Out (Functions in relation to the provision of Guardians Ad Litem and Reporting Officers Panels) Order 1997 [by Act] [Mr Secretary Dobson].

Papers subject to Negative Resolution:

2Education,—Education (Funding for Teacher Training) Designation (No. 2) Order 1997 (S.I., 1997, No. 1399), dated 29th May 1997 [by Act] [Mr Secretary Blunkett].

3Pensions,—Register of Occupational and Personal Pension Schemes (Amendment) Regulations 1997 (S.I., 1997, No. 1405), dated 3rd June 1997 [by Act] [Ms Secretary Harman].

4Seeds,—Seeds (Fees) (Amendment) Regulations 1997 (S.I., 1997, No. 1415), dated 4th June 1997 [by Act] [Dr Jack Cunningham].

Other Papers:

5Defence,—Ministry of Defence Minute, dated 6th June 1997, concerning the gift of the property known as The Mount from the Ministry of Defence to the Government of Gibraltar [by Command] [Mr Secretary Robertson].

6Education and Employment,—Government Response to the Fifth Report of the Education and Employment Committee, Session 1996–97, on The Employment Effects of the Proposed Closure of the Gallaher Factory at Hyde [by Command] [Cm. 3671] [Secretary Marjorie Mowlam].

7Environment,—(1) Report and Accounts of the Clyde River Purification Board for 1995–96,

(2) Report and Accounts of the Forth River Purification Board for 1995–96,

(3) Report and Accounts of the Highland River Purification Board for 1995–96,

(4) Report and Accounts of the North East River Purification Board for 1995–96,

(5) Report and Accounts of the Solway River Purification Board for 1995—96,

(6) Report and Accounts of the Tay River Purification Board for 1995–96, and

(7) Report and Accounts of the Tweed River Purification Board for 1995–96

[by Act] [Mr Secretary Dewar].

8Treaty Series (No. 33, 1997),—Agreement, done at Budapest on 25th March 1997, between the Government of the United Kingdom and Northern Ireland and the Government of the Republic of Hungary concerning the Extension and Refurbishment of the Peto² Institute Building at Villa"nyi U"t 67 [by Command] [Cm. 3668] [Mr Secretary Cook].

9Treaty Series (No. 34, 1997),—Notes, exchanged at Washington on 27th March 1997, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America concerning an Amendment to the Air Services Agreement done at Bermuda on 23rd July 1977, as amended [by Command] [Cm. 3673] [Mr Secretary Cook].


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