| Commons Journal 254
Chronological Index
Alphabetical Index - Part I
Alphabetical Index - Part II
Page 630 1997-1998 Volume 254
[No. 191.] Monday 22nd June 1998.
The House met at half-past Two o'clock. PRAYERS.
| 1 | Message from the Lords,—A Message was brought from the Lords, as follows: |
The Lords have agreed to the Amendments made by this House to the National Lottery Bill [Lords], without Amendment.
| 2 | Welsh Grand Committee,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 107 (Welsh Grand Committee (matters relating exclusively to Wales)), That the matter of the New Economic Agenda for Wales, being a matter relating exclusively to Wales, be referred to the Welsh Grand Committee for its consideration—(Mr David Clelland):—It was agreed to. |
| 3 | Crime and Disorder Bill [Lords] (Programme),—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 82 (Business Committee), That the Report [18th June] from the Business Committee be now considered—(Mr David Clelland):—It was agreed to. |
Question put forthwith, That this House agrees with the Committee in its Resolution:—It was agreed to.
| 4 | Crime and Disorder Bill [Lords] (Consideration and Third Reading) [1st allotted day],—The House, according to Order, proceeded to consider the Crime and Disorder Bill [Lords], as amended in the Standing Committee. |
A Clause (Football Behaviour Order)—(Sir Norman Fowler)—brought up, and read the first time.
Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn.
Another Clause (Reduction in age at which certain sexual acts are lawful)—(Ann Keen)—brought up, and read the first time.
Question proposed, That the Clause be read a second time;
And it being six and a half hours after the commencement of proceedings on the Bill, the Speaker, pursuant to Order [this day], put the Question already proposed from the Chair.
The House divided.
Tellers for the Ayes, Mr Neil Gerrard, Mrs Eleanor Laing: 336.
Tellers for the Noes, Mr Edward Leigh, Dr Julian Lewis: 129.
The Clause was accordingly read a second time.
The Speaker then put forthwith the Question on an Amendment to the Clause which she had selected.
Amendment (a) proposed to the proposed Clause, in line 2, after the word ‘sixteen', to insert the words ‘(except when one party is in a position of authority, influence or trust in relation to the other, in which case both parties must have attained the age of eighteen).'.—(Mr Joe Ashton.)
Question put, That the Amendment be made.
The House divided.
Tellers for the Ayes, Mr Joe Ashton, Mr Gerald Bermingham: 194.
Tellers for the Noes, Mr David Jamieson, Mr Jim Dowd: 234.
The Speaker then put forthwith the Question necessary to bring to a decision the Questions previously decided.
Clause added.
Further consideration of the Bill stood adjourned.
Bill to be further considered to-morrow.
| 5 | Housing (Scotland),—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Homelessness (Decisions on Referrals) (Scotland) Order 1998, which was laid before this House on 14th May, be approved—(Bridget Prentice):—It was agreed to. |
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| 6 | Housing,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Homelessness (Decisions on Referrals) Order 1998, which was laid before this House on 14th May, be approved—(Bridget Prentice):—It was agreed to. |
| 7 | Public Health,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1998 (S.I., 1998, No. 1342), dated 29th May 1998, a copy of which was laid before this House on 2nd June, be approved—(Bridget Prentice):—It was agreed to. |
| 8 | Local Government Finance,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Special Grant Report (No. 35) (House of Commons Paper No. 758), which was laid before this House on 21st May, be approved—(Bridget Prentice):—It was agreed to. |
| 9 | Welsh Grand Committee,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 108 (Welsh Grand Committee (sittings)), That the Welsh Grand Committee shall meet at the Civic Centre, Merthyr Tydfil on Monday 13th July at Eleven o'clock to take questions under Standing Order No. 103 (Welsh Grand Committee (questions for oral answer)), and to consider the matter of the New Economic Agenda for Wales under Standing Order No. 107 (Welsh Grand Committee (matters relating exclusively to Wales)), proceedings being interrupted at half past Four o'clock—(Bridget Prentice):—It was agreed to. |
| 10 | Standards and Privileges,—Ordered, That Mr Quentin Davies be discharged from the Committee on Standards and Privileges and Sir Alastair Goodlad be added to the Committee.—(Bridget Prentice.) |
| 11 | Administration,—Ordered, That Mr James Cran be discharged from the Administration Committee and Mr Oliver Heald be added to the Committee.—(Mr George Mudie, on behalf of the Committee of Selection.) |
| 12 | Catering,—Ordered, That Mr Stephen Day be discharged from the Catering Committee and Mrs Jacqui Lait be added to the Committee.—(Mr George Mudie, on behalf of the Committee of Selection.) |
| 13 | Culture, Media and Sport,—Ordered, That Mr Damian Green be discharged from the Culture, Media and Sport Committee and Mr David Faber be added to the Committee.—(Mr George Mudie, on behalf of the Committee of Selection.) |
| 14 | Environment, Transport and Regional Affairs,—Ordered, That Mr Philip Hammond be discharged from the Environment, Transport and Regional Affairs Committee and Mrs Eleanor Laing be added to the Committee.—(Mr George Mudie, on behalf of the Committee of Selection.) |
| 15 | Science and Technology,—Ordered, That Mrs Caroline Spelman be discharged from the Science and Technology Committee and Mrs Jacqui Lait be added to the Committee.—(Mr George Mudie, on behalf of the Committee of Selection.) |
| 16 | Trade and Industry,—Ordered, That Joan Walley be discharged from the Trade and Industry Committee and Ms Linda Perham be added to the Committee.—(Mr George Mudie, on behalf of the Committee of Selection.) |
| 17 | Welsh Affairs,—Ordered, That Mr John Bercow be discharged from the Welsh Affairs Committee and Dr Julian Lewis be added to the Committee.—(Mr George Mudie, on behalf of the Committee of Selection.) |
| 18 | Public Petitions,—A Public Petition from residents of Harrow against lowering the age of consent for homosexual activity was presented; and ordered to lie upon the Table and to be printed. |
| 19 | Adjournment,—Resolved, That this House do now adjourn.—(Bridget Prentice.) |
And accordingly the House, having continued to sit till seventeen minutes past Eleven o'clock, adjourned till to-morrow.
[Adjourned at 11.17 p.m.
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APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Affirmative Resolution:
| 1 | Local Government,—Draft Houses in Multiple Occupation (Charges for Registration Schemes) Regulations 1998 [by Act] [Mr Secretary Prescott]. |
| 2 | Road Traffic,—Draft Community Drivers' Hours and Recording Equipment (Amendment) Regulations 1998 [by Act] [Mr Secretary Prescott]. |
Papers subject to Negative Resolution:
| 3 | National Health Service (Scotland),—National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998 (S.I., 1998, No. 1451), dated 1st June 1998 [by Act] [Mr Secretary Dewar]. |
Other Papers:
| 4 | Broadcasting,—Accounts of the Broadcasting Standards Commission for 1997–98, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 835] [Clerk of the House]. |
| 5 | Childcare (Wales),—Paper, entitled The National Childcare Strategy in Wales: a consultation document [by Command] [Cm. 3974] [Mr Secretary Davies]. |
| 6 | Nurses, Midwives and Health Visitors,—Account of the Welsh National Board for Nursing, Midwifery and Health Visiting for 1996–97, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 785] [Mr Secretary Davies]. |
APPENDIX II
Standing Committees
| 1 | Private Hire Vehicles (London) Bill,—The Speaker has appointed Mr Roger Gale an additional Chairman of Standing Committee D in respect of the Bill. |
| 2 | Draft Welfare of Livestock (Amendment) Regulations 1998,—The Speaker has appointed Mrs Marion Roe Chairman of the Seventh Standing Committee in respect of the draft Regulations. |
APPENDIX III
Reports from Select Committees
| 1 | Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts on 22nd June [Countering Anti-Competitive Behaviour in the Telecommunications Industry]; to be printed [No. 842-i] [Mr David Davis]. |
| 2 | Welsh Affairs,—Minutes of Evidence taken before the Welsh Affairs Committee on 22nd June [Investment in Industry in Wales]; to be printed [No. 821-ii] [Mr Martyn Jones]. |
[No. 192.] Tuesday 23rd June 1998.
The House met at half-past Two o'clock. PRAYERS.
| 1 | Deregulation Committee,—Mr Ivan Lewis reported from the Deregulation Committee the following Resolution: |
That the draft Deregulation (Taxis and Private Hire Vehicles) Order 1998, which was laid before this House on 8th June 1998, should be approved.
The Committee came to this Resolution without a Division.
| 2 | Human Rights Bill [Lords] (Business Committee),—The Chairman of Ways and Means reported from the Business Committee, that it had come to a further Resolution in respect of the Human Rights Bill [Lords], which it had directed him to report to the House: |
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That the allotted sittings at which under the Order [1st June] as amended [17th June] remaining proceedings in Committee of the whole House are to be completed shall be allotted in the manner shown in the Table set out below.
TABLE
| Sitting day | Proceedings |
| Third day | Clauses 7 to 22 |
| Fourth day | Remaining proceedings |
Report to lie upon the Table.
| 3 | Registration of Political Parties Bill,—Mr Roger Gale reported from Standing Committee A, That it had gone through the Registration of Political Parties Bill, and made Amendments thereunto. |
Bill, as amended in the Standing Committee, to be considered to-morrow; and to be printed [Bill 208].
Minutes of Proceedings of the Committee to be printed [No. 851].
| 4 | Private Hire Vehicles (London) Bill,—Mr Roger Gale reported from Standing Committee D, That it had gone through the Private Hire Vehicles (London) Bill, and made Amendments thereunto. |
Bill, as amended in the Standing Committee, to be considered on Friday 3rd July; and to be printed [Bill 210].
Minutes of Proceedings of the Committee to be printed [No. 861].
| 5 | Finance (No. 2) Bill (except Clauses Nos. 1, 7, 10, 11, 25, 27, 30, 75, 119 and 147),—Mr John Butterfill reported from Standing Committee E, That it had gone through the Finance (No. 2) Bill (except Clauses Nos. 1, 7, 10, 11, 25, 27, 30, 75, 119 and 147), and made Amendments thereunto. |
Bill, not amended in Committee and as amended in the Standing Committee, to be considered to-morrow; and to be printed [Bill 207].
Minutes of Proceedings of the Committee to be printed [No. 862].
| 6 | First Standing Committee on Delegated Legislation,—Mr Barry Jones reported from the First Standing Committee on Delegated Legislation the draft Vaccine Damage Payments Act 1979 Statutory Sum Order 1998. |
Minutes of Proceedings of the Committee to lie upon the Table.
| 7 | Second Standing Committee on Delegated Legislation,—Mr Jimmy Hood reported from the Second Standing Committee on Delegated Legislation the draft Producer Responsibility Obligations (Northern Ireland) Order 1998. |
Minutes of Proceedings of the Committee to lie upon the Table.
| 8 | Temporary Classrooms,—Ordered, That leave be given to bring in a Bill to reduce the reliance on temporary classroom accommodation in local authority and grant maintained schools; to place a duty upon the Secretary of State to report to Parliament on the number of temporary classrooms in current use; to require the Secretary of State to lay before Parliament plans for the replacement of such accommodation, other than that necessary for normal fluctuation in pupil numbers, with permanent school buildings; and for connected purposes: And that Mr David Heath, Mr Bob Russell, Dr Peter Brand, Mr Terry Davies, Mr Andrew George, Mr Dafydd Wigley, Dr Ian Gibson, Mr Edward Davey, Mr Andrew Mackinlay, Mr Martin Bell, Jackie Ballard and Steve Webb do prepare and bring it in. |
| 9 | Temporary Classrooms Bill,—Mr David Heath accordingly presented a Bill to reduce the reliance on temporary classroom accommodation in local authority and grant maintained schools; to place a duty upon the Secretary of State to report to Parliament on the number of temporary classrooms in current use; to require the Secretary of State to lay before Parliament plans for the replacement of such accommodation, other than that necessary for normal fluctuation in pupil numbers, with permanent school buildings; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 3rd July and to be printed [Bill 209]. |
| 10 | Crime and Disorder Bill [Lords] (Consideration and Third Reading) [2nd allotted day],—The House, according to Order, proceeded further to consider the Crime and Disorder Bill [Lords], as amended in the Standing Committee. |
Another Clause (Interaction with sentences of detention)—(Mr Alun Michael)—brought up, read the first and second time, and added to the Bill.
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Another Clause (Football spectators: failure to comply with reporting duty)—(Mr Alun Michael)—brought up, read the first and second time, and added to the Bill.
Another Clause (Drug treatment sentence)—(Mr Humfrey Malins)—brought up, and read the first time.
Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn.
Amendment (No. 74) proposed to the Bill, in page 1, line 12, to leave out ‘10' and insert ‘16', instead thereof.—(Mr A. J. Beith.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Amendment (No. 13) made to the Bill.
Another Amendment (No. 75) proposed to the Bill, in page 5, line 42, after the word ‘area' to insert the words ‘including the behaviour of those under the age of criminal responsibility'.—(Mr A. J. Beith.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Other Amendments (Nos. 159, 14 and 15) made to the Bill.
Another Amendment (No. 83) proposed to the Bill, in page 19, line 20, after the word ‘tenant' to insert the words ‘, being a person whom the tenant could reasonably be expected to control,'.—(Sir Robert Smith.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Other Amendments (Nos. 16, 17 and 160) made to the Bill.
Another Amendment (No. 10) proposed to the Bill, in page 22, line 33, after the word ‘race', to insert the word ‘religion'.—(Mr James Clappison.)
Question put, That the Amendment be made.
The House divided.
Tellers for the Ayes, Sir David Madel, Mrs Caroline Spelman: 146.
Tellers for the Noes, Mr Clive Betts, Mr Jon Owen Jones: 268.
Other Amendments (Nos. 102 and 103) made to the Bill.
Another Amendment (No. 63) proposed to the Bill, in page 26, to leave out lines 16 to 20.—(Mr James Clappison.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Other Amendments (Nos. 18 and 19) made to the Bill.
Another Amendment (No. 64) proposed to the Bill, in page 43, to leave out lines 10 to 16.—(Mr John Greenway.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Other Amendments (Nos. 20, 47 to 50, 21, 22, 51, 23 to 25, 88 and 26 to 28) made to the Bill.
Another Amendment (No. 149) proposed to the Bill, in page 65, line 44, to leave out from the beginning to the end of line 1 on page 66.—(Ms Roseanna Cunningham.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Other Amendments (Nos. 104 to 108) made to the Bill.
Another Amendment (No. 72) proposed to the Bill, in page 81, line 7, to leave out from the beginning to the end of line 19 on page 82.—(Mr John Greenway.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Other Amendments (Nos. 161, 109 to 112, 29, 113, 1, 114 to 116, 162, 2, 3, 163 to 165, 30, 52 to 57, 31, 32, 89, 58, 59, 33, 4, 34 to 36, 60, 90 to 95, 38 to 41, 117, 96, 97, 118 to 120, 42 to 44, 122, 121, 123 to 142, 166, 45, 46, 143 to 146 and 5) made to the Bill.
Title accordingly amended, as follows:
An Act to make provision for preventing crime and disorder; to create certain racially-aggravated offences; to abolish the rebuttable presumption that a child is doli incapax and to make provision as to the effect of a child's failure to give evidence at his trial; to reduce the age at which certain sexual acts are lawful; to abolish the death penalty for treason
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and piracy; to make changes to the criminal justice system; to make further provision for dealing with offenders; to make further provision with respect to remands and committals for trial and the release and recall of prisoners; to amend Chapter I of Part II of the Crime (Sentences) Act 1997 and to repeal Chapter I of Part III of the Crime and Punishment (Scotland) Act 1997; to make amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of certain enactments; and for connected purposes.
A Motion was made and the Question being proposed, That the Bill be now read the third time;
And it being six and a half hours after commencement of proceedings on the Bill, the Deputy Speaker, pursuant to Order [22nd June], put the Question already proposed from the Chair:—It was agreed to.
The Bill was accordingly read the third time, and passed, with Amendments.
| 11 | Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn.—(Jane Kennedy.) |
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 nineteen minutes to Eleven o'clock, till to-morrow.
[Adjourned at 10.41 p.m.
APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Affirmative Resolution:
| 1 | Civil Aviation,—Draft Air Carrier Liability Order 1998 [by Act] [Mr Secretary Prescott]. |
Papers subject to Negative Resolution:
| 2 | Pensions,—Occupational Pension Schemes (Modification of the Pension Schemes Act 1993) Regulations 1998 (S.I., 1998, No. 1466) dated 16th June 1998 [by Act] [Secretary Harriet Harman]. |
| 3 | Transport,—Railways (Amendment) Regulations 1998 (S.I. 1998, No. 1519), dated 22nd June 1998 [by Act] [Mr Secretary Prescott]. |
Other Papers:
| 4 | Defence,—List of exceptions to— |
(1) the Air Force Regulations,
(2) the Army Regulations, and
(3) the Navy Regulations
| | as to pensions for 1997–98 [by Act] [Mr Secretary Robertson]. |
| 5 | Duchy of Cornwall,—Financial Statements of the Duchy of Cornwall for 1997–98 [by Act]; to be printed [No. 803] [Dawn Primarolo]. |
| 6 | Police and Criminal Evidence,—Account of the Police Complaints Authority for 1997–98, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 849] [Clerk of the House]. |
| 7 | Prisons,—Report of HM Chief Inspector of Prisons for England and Wales for the period April 1996 to November 1997 [by Act]; to be printed [No. 763] [Mr Secretary Straw]. |
Papers withdrawn:
| 8 | Civil Aviation,—Draft Air Carrier Liability Order 1998 [laid 21st May]. |
APPENDIX II
Reports from Select Committees
| 1 | Deregulation,—Seventh Report from the Deregulation Committee [The draft Deregulation (Taxis and Private Hire Vehicles) Order 1998]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 847] [Mr Ivan Lewis]. |
| 2 | Education and Employment,—Sixth Special Report from the Education and Employment Committee [Government Response to the Fifth Report from the Committee, on Disaffected Children]; to be printed [No. 859] [Ms Margaret Hodge]. |
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| 3 | Environment, Transport and Regional Affairs,—(1) Third Special Report from the Environment, Transport and Regional Affairs Committee [Government Response to the Fourth Report of the Committee, on Air Traffic Control]; to be printed [No. 843] [Mrs Gwyneth Dunwoody]; and |
(2) Minutes of Evidence taken before the Environment Sub-Committee of the Environment, Transport and Regional Affairs Committee on 23rd June [DETR Annual Report 1998 and Expenditure Plans 1998–99]; to be printed [No. 844–i] [Mr Bill Olner].
| 4 | Foreign Affairs,—(1) Second Special Report from the Foreign Affairs Committee [Sierra Leone: Further Exchanges of Correspondence with the Foreign Secretary], to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 852]; and |
(2) Minutes of Evidence taken before the Committee on 23rd June [Public Expenditure Plans of the Foreign and Commonwealth Office, 1998–99] [No. 745–iii]
[Mr Donald Anderson].
| 5 | Home Affairs,—Minutes of Evidence taken before the Home Affairs Committee on 23rd June [Electoral law and administration]; to be printed [No. 768–iv] [Mr Chris Mullin]. |
| 6 | International Development Committee,—Minutes of Evidence taken before the International Development Committee on 23rd June [Conflict Prevention and Post-Conflict Reconstruction]; to be printed [No. 787–iii] [Mr Bowen Wells]. |
| 7 | Procedure,—Minutes of Evidence taken before the Procedure Committee on 23rd June [Financial Procedure]; to be printed [No. 848–i] [Mr Nicholas Winterton]. |
| 8 | Public Administration,—Minutes of Evidence taken before the Select Committee on Public Administration on 23rd June [The Government Information and Communication Service]; to be printed [No. 770–iii] [Mr Rhodri Morgan]. |
| 9 | Social Security,—Minutes of Evidence taken before the Social Security Committee on 23rd June [Tax and Benefits]; to be printed [No. 827–ii] [Mr Archy Kirkwood]. |
| 10 | Statutory Instruments,—Thirty-eighth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 33–xxxviii] [Mr David Tredinnick]. |
[No. 193.] Wednesday 24th June 1998.
The House met at half-past Nine o'clock. PRAYERS.
| 1 | Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Janet Anderson); |
And it being Two o'clock, the Motion for the adjournment of the House lapsed, without Question put, pursuant to the Standing Order.
| 2 | Consolidation, &c., Bills,—Mr Andrew Tyrie reported from the Select Committee appointed to join with a Committee of the House of Lords on Consolidation, &c., Bills, to which the Statute Law (Repeals) Bill [Lords], now pending in the House of Lords, was referred, That it had gone through the Bill, and made an Amendment thereunto; and had agreed to a Report which it had directed him to make to the House; and had directed him to report the Minutes of Evidence taken before it on 24th June. |
Report to lie upon the Table; and to be printed [No. 865-I].
Minutes of Evidence to lie upon the Table; and to be printed [No. 865-II].
Minutes of Proceedings of the Committee to be printed [No. 865-II].
| 3 | Third Standing Committee on Delegated Legislation,—Mr Peter Atkinson reported from the Third Standing Committee on Delegated Legislation the Value Added Tax (Reduced Rate) Order 1998 (S.I., 1998, No. 1375). |
Minutes of Proceedings of the Committee to lie upon the Table.
| 4 | Seventh Standing Committee on Delegated Legislation,—Mrs Marion Roe reported from the Seventh Standing Committee on Delegated Legislation the draft Welfare of Livestock (Amendment) Regulations 1998. |
Minutes of Proceedings of the Committee to lie upon the Table.
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| 5 | Ninth Standing Committee on Delegated Legislation,—Mr Andrew Welsh reported from the Ninth Standing Committee on Delegated Legislation the draft Air Carrier Liability Order 1998. |
Minutes of Proceedings of the Committee to lie upon the Table.
| 6 | Message from the Lords,—A Message was brought from the Lords, as follows: |
The Lords have disagreed to one of the Amendments made by this House to the Teaching and Higher Education Bill [Lords], but propose an Amendment in lieu thereof, to which they desire the concurrence of this House; they have disagreed to one other such Amendment, for which disagreement they assign their Reason; and they have agreed to the remaining Amendments, without Amendment.
Building Regulations (Energy Rating Information) (Amendment) Bill [Lords],—The Lords have passed a Bill, intituled, An Act to amend the Building Regulations 1991 and the Building (Approved Inspectors etc.) Regulations 1985 to secure the provision of further information to purchasers and certain other occupiers of dwellings with respect to the energy rating of dwellings; and for connected purposes; to which they desire the concurrence of this House.
Sea Fisheries (Shellfish) (Amendment) Bill [Lords],—The Lords have passed a Bill, intituled, An Act to amend the Sea Fisheries (Shellfish) Act 1967 in respect of several fisheries; to which they desire the concurrence of this House.
| 7 | Sale of Alcohol to Young Persons (Prohibition),—Ordered, That leave be given to bring in a Bill to prohibit the sale of alcoholic beverages to a person under the age of 18 by any person on licensed premises; and for connected purposes: And that Mr Paul Truswell, Mr Harold Best, Mr Colin Burgon, Mr Fabian Hamilton and Mr John Gunnell do prepare and bring it in. |
| 8 | Sale of Alcohol to Young Persons (Prohibition) Bill,—Mr Paul Truswell accordingly presented a Bill to prohibit the sale of alcoholic beverages to a person under the age of 18 by any person on licensed premises; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 3rd July and to be printed [Bill 211]. |
| 9 | Human Rights Bill [Lords] (Programme),—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 82 (Business Committee), That the further Report [23rd June] from the Business Committee be now considered—(Mr Jon Owen Jones):—It was agreed to. |
Question put forthwith, That this House agrees with the Committee in its Resolution:—It was agreed to.
| 10 | Human Rights Bill [Lords] (Committee) [3rd allotted day],—The House, according to Order, again resolved itself into a Committee on the Human Rights Bill [Lords]. |
(In the Committee)
Clause No. 7 (Proceedings).
Amendment (No. 47) proposed, in page 4, line 39, to leave out the words ‘or tribunal'.—(Mr Edward Garnier.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Another Amendment (No. 50) proposed, in page 4, line 42, at the end, to insert the words ‘or he can demonstrate that he is acting on behalf of a victim or potential victim of an unlawful act'.—(Mr Edward Garnier.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Another Amendment (No. 51) proposed, in page 4, line 42, at the end, to insert the words—
‘(1A) Proceedings under subsection (1)(a) above may be brought without the leave of the court within three months of the commission of the unlawful act and otherwise may be brought only with the leave of the court'.—(Mr Edward Garnier.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Another Amendment (No. 42) proposed, in page 5, line 4, to leave out lines 4 to 6 and insert the words—
‘(3) Nothing in subsection (1) shall prevent an applicant from bringing an application for judicial review provided that the court considers that he has a sufficient interest in the matter to which the application relates.'—(Mr Robert Maclennan.)
Question put, That the Amendment be made.
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The Committee divided.
Tellers for the Ayes, Mr Andrew Stunell, Mr John Burnett: 35.
Tellers for the Noes, Mr David Jamieson, Mr Greg Pope: 243.
Another Amendment (No. 125) proposed, in page 5, line 9, at the end, to insert the words—
‘( ) Proceedings under subsection (1)(a) must be brought before the end of—
(a) the period of one year beginning with the date on which the act complained of took place; or
(b) such longer period as the court or tribunal considers equitable having regard to all the circumstances,
but that is subject to any rule imposing a stricter time limit in relation to the procedure question.'.—(Mr Mike O'Brien.)
Question put, That the Amendment be made.
The Committee divided.
Tellers for the Ayes, Mr David Jamieson, Mr Greg Pope: 232.
Tellers for the Noes, Mr Paul Tyler, Mr Andrew Stunell: 34.
Another Amendment (No. 54) proposed, in page 5, to leave out line 18.—(Mr Edward Garnier.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Other Amendments (Nos. 44 and 126 to 128) made.
Clause, as amended, agreed to.
Clause No. 8 (Judicial remedies).
Amendment (No. 129) made.
Amendment (No. 61) proposed, in page 6, line 32, at the end, to insert the words ‘and the court may take into account the conduct of the applicant in relation to the unlawful act giving rise to the proceedings'.—(Mr Edward Garnier.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Another Amendment (No. 130) made.
Clause, as amended, agreed to.
Clause No. 9 agreed to.
Clause No. 10 (Power to take remedial action).
Amendment (No. 62) made.
Amendment (No. 64) proposed, in page 7, to leave out lines 33 to 45 and insert the words—
‘(2) The Secretary of State shall, within 15 sitting days, lay before each House of Parliament a statement setting out the grounds of the incompatibility and each House of Parliament shall—
(a) in the case of a declaration of incompatibility under section 4, by resolution signify its agreement or disagreement with the declaration;
(b) in any other case, debate the statement.
(3) If either House of Parliament by resolution under subsection (2)(a) signifies its disagreement with a declaration of incompatibility, the case in relation to which the declaration was made shall stand in abeyance, save for any appeal to the European Court of Human Rights.
(3A) If both Houses of Parliament by resolution under subsection (2)(a) signify their agreement with a declaration of incompatibility, or when both Houses have debated a statement under subsection(2)(b), as the case may be, the Secretary of State shall lay before Parliament a report containing proposals for amending legislation to remedy the incompatibility.
(3B) In any case where it is necessary to amend primary legislation in order to remedy the incompatibility, amending legislation shall take the form of an Act of Parliament unless the Secretary of State considers that there are exceptional reasons which make it impracticable to proceed by Act of Parliament; and in that case he shall state those reasons in the report, and may by order make such amendments to the primary legislation as he considers appropriate.
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(3C) An order under subsection (3B) above shall not be made until a draft of it has been laid before, and approved by a resolution of, each House of Parliament.', instead thereof.—(Mr Edward Garnier.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Other Amendments (Nos. 144 to 147, 131 and 132) made.
Clause, as amended, agreed to.
Clause No. 11 disagreed to.
It being six and a half hours after the commencement of proceedings on the Bill this day, the Chairman, pursuant to Orders [1st June and this day], put forthwith the Questions necessary for the disposal of the business to be concluded at that hour.
Clause No. 12 disagreed to.
Clauses Nos. 13 to 20 agreed to.
Clause No. 21 (Interpretation, etc.)
Amendments (Nos. 133 to 135) made.
Clause, as amended, agreed to.
Clause No. 22 (Short title, commencement, application and extent).
Amendment (No. 136) made.
Clause, as amended, agreed to.
The Chairman left the Chair to report progress and ask leave to sit again.
The Deputy Speaker resumed the Chair, and Jane Kennedy 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.
| 11 | Public Petitions,—A public petition from residents of Vale of York against the decision to allow electricity pylons to be erected in the constituency was presented and read; and ordered to lie upon the Table and to be printed. |
| 12 | Adjournment,—Resolved, That this House do now adjourn.—(Bridget Prentice.) |
And accordingly the House, having continued to sit till twenty-two minutes to Eleven o'clock, adjourned till to-morrow.
[Adjourned at 10.38 p.m.
APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Negative Resolution:
| 1 | Civil Aviation,—Civil Aviation (Route Charges for Navigation Services) (Amendment) Regulations 1998 (S.I., 1998, No. 1537), dated 22nd June 1998 [by Act] [Mr Secretary Prescott]. |
| 2 | Customs and Excise,—Federal Republic of Yugoslavia (Supply and Sale of Equipment) (Penalties and Licences) Regulations 1998 (S.I., 1998, No. 1531), dated 22nd June 1998 [by Act] [Secretary Margaret Beckett]. |
| 3 | Education,—Education (Grants for Education Support and Training) (Wales) (Amendment) Regulations 1998 (S.I., 1998, No. 1489), dated 20th June 1998 [by Act] [Mr Secretary Davies]. |
Other Papers:
| 4 | Health Service Commissioner,—(1) Fourth Report of the Health Service Commissioner, Session 1997–98, Investigations completed October 1997 to March 1998, and |
(2) Fifth Report of the Health Service Commissioner, Session 1997–98, being the Annual Report for 1997–98
[by Act]; to be printed [Nos. 812 and 811] [Clerk of the House].
| 5 | Miscellaneous (No. 7, 1998),—Convention, done at Oslo on 18th September 1997, on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, with an Explanatory Memorandum [by Command] [Cm. 3990] [Mr Secretary Cook]. |
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| 6 | Parliamentary Commissioner,—Fifth Report of the Parliamentary Commissioner for Administration, Session 1997–98, being the Report for the period January 1997 to March 1998 [by Act]; to be printed [No. 845] [Clerk of the House]. |
| 7 | Police and Criminal Evidence,—Report and Accounts of the Police Complaints Authority for 1997–98, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 805] [Mr Secretary Straw]. |
APPENDIX II
Standing Committees
| 1 | Draft Double Taxation Relief (Taxes on Income) (Oman), Air Transport (Hong Kong), and (Taxes and Income) (Kazakhstan) Orders 1998,—The Committee of Selection has discharged from the Fifth Standing Committee, Mr Robert Ainsworth, Julia Drown and Ms Dawn Primarolo (nominated in respect of the draft Orders); and nominated in substitution Mrs Helen Liddell, Mr Greg Pope and Angela Smith. |
| 2 | Draft Export and Investment Guarantees (Limit on Foreign Currency Commitments) Order 1998,—The Committee of Selection has discharged from the Sixth Standing Committee Mr Rhodri Morgan (nominated in respect of the draft Order); and nominated in substitution Mrs Sandra Osborne. |
APPENDIX III
Reports from Select Committees
| 1 | Defence,—Minutes of Evidence taken before the Defence Committee on 24th June [The Reserves Call Out Order 1998, Etc]; to be printed [No. 868-i] [Mr Bruce George]. |
| 2 | European Legislation,—Thirty-first Report from the Select Committee on European Legislation; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 155-xxxi] [Mr Jim Marshall]. |
| 3 | International Development,—Minutes of Evidence taken before the International Development Committee on 24th June [Sudan]; to be printed [No. 872-i] [Mr Bowen Wells]. |
| 4 | Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts on 24th June [Distribution of Lottery Funds by the English Sports Council]; to be printed [No. 873-i] [Mr David Davis]. |
| 5 | Scottish Affairs,—Minutes of Evidence taken before the Scottish Affairs Committee on 24th June [The Operation of Multi Layer Democracy]; to be printed [No. 460-iii] [Mr David Marshall]. |
| 6 | Social Security,—Minutes of Evidence taken before the Social Security Committee on 24th June [Pension Sharing on Divorce]; to be printed [No. 869-i] [Mr Archy Kirkwood]. |
| 7 | Trade and Industry,—Minutes of Evidence taken before the Trade and Industry Committee on 24th June [Electricity Liberalisation]; to be printed [No. 871-i] [Mr Martin O'Neill]. |
[No. 194.] Thursday 25th June 1998.
The House met at half-past Two o‘clock. PRAYERS.
| 1 | Private Bills [Lords] (No Standing Order not previously inquired into applicable),—The Speaker laid upon the Table a Report from one of the Examiners of Petitions for Private Bills, That, in the case of the following Bill, originating in the Lords and referred after the First Reading thereof, no Standing Order not previously inquired into is applicable thereto, viz.: |
Alliance & Leicester plc (Group Reorganisation) Bill [Lords].
Bill to be read a second time.
| 2 | 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 2nd July.
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| 3 | Liaison,—Mr Robert Sheldon reported, pursuant to Standing Order No. 145 (Liaison Committee), That the Liaison Committee had directed him to report the following recommendations for the allocation of time for the consideration of Estimates on allotted days (being the first and second allotted days in the present Session): |
First allotted day: That a day not later than 5th August be allotted for the consideration of the following Estimates for the financial year 1998–99;
1. Class IX, Vote 1: Department for Education and Employment: programmes and central services in so far as it relates to further education,
2. Class XVII, Vote 1: Cabinet Office: Office of Public Service in so far as it relates to the Government's proposals for a Freedom of Information Act
and that debate on the first Estimate be interrupted not later than three hours after its commencement.
Second allotted day: That a day not later than 5th August be allotted for the consideration of the following Estimates for the financial year 1998–99:
1. Class IV, Votes 1 and 2: Intervention Board-Executive Agency and Ministry of Agriculture, Fisheries and Food in so far as they relate to the UK Beef Industry,
2. Class V, Vote 2, Department of Trade and Industry: science in so far as it relates to the structure and funding of university research
and that debate on the first Estimate be interrupted not later than three hours after its commencement.
Report to lie upon the Table.
| 4 | Competition Bill [Lords],—Mr Peter Atkinson reported from Standing Committee G, That it had gone through the Competition Bill [Lords], and made Amendments thereunto. |
Bill, as amended in the Standing Committee, to be considered to-morrow; and to be printed [Bill 213].
Minutes of Proceedings of the Committee to be printed [No. 880].
| 5 | Fourth Standing Committee on Delegated Legislation,—Mr John McWilliam reported from the Fourth Standing Committee on Delegated Legislation the draft Child Benefit and Social Security (Fixing and adjustment of rates) (Amendment) Regulations 1998. |
Minutes of Proceedings of the Committee to lie upon the Table.
| 6 | Teaching and Higher Education Bill [Lords],—Lords Amendment in lieu of a Commons Amendment, and Lords Reason for disagreeing to a Commons Amendment to the Teaching and Higher Education Bill [Lords] to be considered to-morrow and to be printed [Bill 212]. |
| 7 | Sea Fisheries (Shellfish) (Amendment) Bill [Lords],—The Sea Fisheries (Shellfish) (Amendment) Bill [Lords] was read the first time; and ordered to be read a second time on Friday 3rd July and to be printed [Bill 214]. |
| 8 | Opposition day [14th allotted day],—It being an allotted day at the disposal of the second largest opposition party, in pursuance of Standing Order No. 14 (Arrangement of public business), the House proceeded to consider Opposition business. |
Sitting on Friday 3rd July,—Resolved, That this House supports the Energy Efficiency Bill and the Private Hire Vehicles (London) Bill, as amended and properly scrutinised in Standing Committee; trusts that they can now complete all remaining stages on Friday 3rd July; and urges the Select Committee on Modernisation of the House of Commons to re-examine the procedure for Private Members' Bills.—(Mr Paul Tyler.)
Government Strategy for Social Welfare,—A Motion was made, and the Question being proposed, That this House notes that Britain spends less on welfare as a percentage of GDP than many of its European partners; believes that economic growth and enterprise must be matched by policies designed to promote equality and social justice, and in this light expresses concern over the Government's recent actions in respect of benefits for single parents and claimants of disability living allowance; and calls on the Government to ensure that any further reform of the welfare system focuses on the needs of the most vulnerable in society rather than the demands of the Treasury and is neither discriminatory, economically inept, morally repugnant or spiritually bereft—(Mr John Swinney);
An Amendment was proposed, in line 2, to leave out from the word ‘House' to the end and add the words ‘welcomes the Government's comprehensive approach to welfare reform around the principle of work for those who can, security for those who cannot, which was set out in the Welfare Reform Green Paper; notes the Government's commitment to consultation with organisations of, and for, disabled people, and the substantial safeguards included in the Benefit Integrity Project; notes the Government's commitment to helping today's and tomorrow's pensioners and welcomes the
Page 642 Thursday 25th June 1998 1997-1998 Volume 254 Back to top
establishment of the Pensions Review and the action taken already to help today's pensioners through cutting VAT on fuel and paying winter fuel payments to all pensioners; notes that the New Deals for Lone Parents, for the Young and Long-Term Unemployed and for Disabled People are the largest assault on worklessness and social exclusion ever undertaken in Britain; and welcomes the action taken by the Government in the Budget to support families and children through increasing child benefit and the family premium in income support and by the proposals to introduce a working family tax credit and a disabled person's tax credit', instead thereof.—(Mr Frank Field).
Question, That the original words stand part of the Question, put and negatived.
And the Question, That the proposed words be there added, being put forthwith, pursuant to Standing Order No. 31 (Questions on amendments):—It was agreed to.
The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to.
Resolved, That this House welcomes the Government's comprehensive approach to welfare reform around the principle of work for those who can, security for those who cannot, which was set out in the Welfare Reform Green Paper; notes the Government's commitment to consultation with organisations of, and for, disabled people, and the substantial safeguards included in the Benefit Integrity Project; notes the Government's commitment to helping today's and tomorrow's pensioners and welcomes the establishment of the Pensions Review and the action taken already to help today's pensioners through cutting VAT on fuel and paying winter fuel payments to all pensioners; notes that the New Deals for Lone Parents, for the Young and Long-Term Unemployed and for Disabled People are the largest assault on worklessness and social exclusion ever undertaken in Britain; and welcomes the action taken by the Government in the Budget to support families and children through increasing child benefit and the family premium in income support and by the proposals to introduce a working family tax credit and a disabled person's tax credit.
| 9 | Adjournment,—Resolved, That this House do now adjourn.—(Mr Clive Betts.) |
And accordingly the House, having continued to sit till twenty-nine minutes past Eight o'clock, adjourned till Monday 29th June.
[Adjourned at 8.29 p.m.
APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Affirmative Resolution:
| 1 | Animals,—Draft Animals (Scientific Procedures) Act 1986 (Amendment) Regulations 1998 [by Act] [Mr Secretary Straw]. |
| 2 | Local Government Finance (Wales),—Special Grant Report (No. 3) (Wales) 1998 [by Act]; to be printed [No. 832] [Mr Secretary Davies]. |
Papers subject to Negative Resolution:
| 3 | Education,—(1) Education (Baseline Assessment) (England) Regulations 1998 (S.I., 1998, No. 1551), and |
(2) Loughborough College of Art and Design Higher Education Corporation (Dissolution) Order 1998 (S.I., 1998, No. 1533),
dated 23rd June 1998 [by Act] [Mr Secretary Blunkett].
| 4 | Financial Services,—Financial Services (Designated Countries and Territories) (Overseas Insurance Companies) Order 1998 (S.I., 1998, No. 1550), dated 24th June 1998 [by Act] [Mrs Helen Liddell]. |
| 5 | Northern Ireland,—Social Security (Northern Ireland) Order 1998 (S.I., 1998, No. 1506), dated 24th June 1998 [by Act] [Mrs Ann Taylor]. |
| 6 | Pensions,—Occupational Pension Schemes (Scheme Administration) Amendment Regulations 1998 (S.I., 1998, No. 1494), dated 18th June 1998 [by Act] [Secretary Harriet Harman]. |
| 7 | Roads and Bridges (Scotland),—Road Humps (Scotland) Regulations 1998 (S.I., 1998, No. 1448), dated 7th June 1998 [by Act] [Mr Secretary Dewar]. |
Other Papers:
| 8 | Appropriations in Aid,—Treasury Minute, dated 25th June 1998, directing the application of certain receipts as appropriations in aid of the votes specified in the Revised Estimates,
|
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Summer Supplementary Estimates and New Estimates for 1998–99 [by Act] [Dawn Primarolo]. |
| 9 | Crown Agents,—(1) Accounts of the Crown Agents Holding and Realisation Board for 1997, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 831] [Clerk of the House]; and |
(2) Report of the Chairman of the Crown Agents Holding and Realisation Board for 1997 [by Act] [Secretary Clare Short].
| 10 | Education,—Account of the Education Assets Board for 1997–98, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 875] [Clerk of the House]. |
| 11 | Local Government, Planning and Land,—Account of the Grants and Loans made to the Urban Development Corporations by the Secretary of State for the Environment for 1996–97, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 876] [Clerk of the House]. |
| 12 | Prisons (Scotland),—Report of the Scottish Prisons Complaints Commission for 1997 [by Command] [Cm. 3983] [Mr Secretary Dewar]. |
| 13 | Sierra Leone Arms Investigation,—Foreign and Commonwealth Office Minute concerning a contingent liability consequent upon indemnification of Sir Thomas Legg KCB QC, Sir Robin Ibbs KBE and the Secretariat of the Investigation [by Command] [Mr Secretary Cook]. |
| 14 | Supply Estimates, 1998–99,—Revised Estimates, Summer Supplementary Estimates and New Estimates for 1998–99 [by Command]; to be printed [No. 783] [Dawn Primarolo]. |
| 15 | United Nations,—(1) United Nations Arms Embargoes (Amendment) (Sierra Leone) Order 1998 (S.I., 1998, No. 1501), |
(2) United Nations Arms Embargoes (Channel Islands) (Amendment) (Sierra Leone) Order 1998 (S.I., 1998, No. 1507),
(3) United Nations Arms Embargoes (Dependent Territories) (Amendment) (Sierra Leone) Order 1998 (S.I., 1998, No. 1502), and
(4) United Nations Arms Embargoes (Isle of Man) (Amendment) (Sierra Leone) Order 1998 (S.I., 1998, No. 1508),
dated 24th June 1998 [by Act] [Mrs Ann Taylor].
APPENDIX II
Standing Committees
| 1 | Draft Double Taxation Relief (Taxes on Income) (Oman) Order 1998, draft Double Taxation Relief (Air Transport) (Hong Kong) Order 1998 and draft Double Taxation Relief (Taxes on Income) (Kazakhstan) Order 1998,—The Speaker has appointed Mr Bowen Wells Chairman of the Fifth Standing Committee on Delegated Legislation in respect of the draft Orders. |
| 2 | Draft Export and Investment Guarantees (Limit on Foreign Currency Commitments) Order 1998,—The Speaker has appointed Mr Frank Cook Chairman of the Sixth Standing Committee on Delegated Legislation in respect of the draft Order. |
| 3 | Draft Education (Northern Ireland) Order 1998,—The Speaker has appointed Mrs Gwyneth Dunwoody Chairman of the Tenth Standing Committee on Delegated Legislation in respect of the draft Order. |
| 4 | Northern Ireland Grand Committee,—The Speaker has appointed Mr Peter Atkinson Chairman of the Northern Ireland Grand Committee in respect of its meeting on Thursday 2nd July. |
APPENDIX III
Reports from Select Committees
| Treasury,—(1) Fifth Special Report from the Treasury Committee [The Government's Response to the Committee's Fourth Report, on The 1998 Budget] [No. 877]; and |
(2) Minutes of Evidence taken before the Committee on 25th June [Financial Services Authority]; to be printed [No. 712-iii]
[Mr Giles Radice]
|
