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House of Commons
Session 1997-1998

Commons Journal 254

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Alphabetical Index - Part I
Alphabetical Index - Part II


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[No. 238.]

Monday 16th November 1998.

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

PRAYERS.

1Alliance & Leicester plc (Group Reorganisation) Bill [Lords],—The Order for second reading of the Alliance & Leicester plc (Group Reorganisation) Bill [Lords] to-morrow was read and discharged.

2Liaison,—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 an allotted day (being the first allotted day in the next Session of Parliament):

That a day not later than 6th February be allotted for the consideration of the following Votes on Account for the financial year 1999–2000:

1. Class IV, Votes 1 and 2: Home Office administration, police, probation, immigration and other services, England and Wales, and Prisons, England and Wales, in so far as they relate to prison sentences and alternatives to prison sentences;

2. Class I, Votes 1 and 3: Department for Education and Employment: programmes and central services and Employment Service; and Class XII: Department of Social Security, insofar as they relate to New Deal Pathfinders and Pathways into Work for Lone Parents;

and that debate on the first Estimate be interrupted not later than three hours after its commencement.

Report to lie upon the Table.

3Scotland Bill (Lords Amendments) [2nd allotted day],—The House, according to Order, proceeded further to consider the Lords Amendments to the Scotland Bill.

Lords Amendments Nos. 88 to 124, 130 to 214, 221 to 236 and 279 to 285 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 106, 112 and 151.

Lords Amendment No. 286

An Amendment ((a)) was made to the Lords Amendment.

The Lords Amendment, so amended, was agreed to.

Lords Amendments Nos. 287 to 302 were agreed to.

Ordered, That a Committee be appointed to draw up a Reason to be assigned to the Lords for disagreeing to their Amendments Nos. 215 to 220.

Ordered, That Mr Desmond Browne, Mr Stephen Day, Mr Oliver Letwin, Mrs Anne McGuire and Mr Henry McLeish be Members of the Committee.

Ordered, That Mr Henry McLeish be the Chairman of the Committee.

Ordered, That three be the quorum of the Committee.

Ordered, That the Committee do withdraw immediately.—(Mrs Anne McGuire.)

4Regional Development Agencies Bill [Ways and Means],—Resolved, That, for the purposes of any Act resulting from the Regional Development Agencies Bill, it is expedient to authorise the imposition of charges to corporation tax by provisions relating to the taxation of persons who are transferors or transferees in relation to schemes under the Act for the transfer of property, rights or liabilities.—(Mr Graham Allen.)

5Regional Development Agencies Bill (Lords Amendments),—The House, according to Order, proceeded to consider the Lords Amendments to the Regional Development Agencies Bill.

Lords Amendments Nos. 1 to 7 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendment No. 7.

6European Parliamentary Elections Bill (Lords Amendments),—The House, according to Order, proceeded to consider the Lords Reason for insisting on their Amendments to which the Commons have disagreed and for disagreeing to the Commons Amendment in lieu.

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The Lords Reason for insisting on their Amendments in page 2, line 1, page 2, line 2, page 2, line 15, and page 2, line 18 and for disagreeing to the Commons Amendment in lieu, was read, as follows:

Because electors should be able to vote for the individual party candidate of their choice, and this should not be conditional on the outcome of a review.

A Motion was made, and the Question being proposed, That this House insists on its disagreement with the Lords in their Amendments but does not insist on its Amendment in lieu—(Mr Secretary Straw);

And it being Ten o‘clock, the Debate stood adjourned.

7Business 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 European Parliamentary Elections Bill may be proceeded with, though opposed, until any hour—(Mr Mike Hall):—It was agreed to.

8European Parliamentary Elections Bill,—The House again proceeded to consider the Lords Reason for insisting on their Amendments to which the Commons have disagreed and for disagreeing to the Commons Amendment in lieu.

The House resumed the adjourned Debate on the Question, That this House insists on its disagreement with the Lords in their Amendments but does not insist on its Amendment in lieu.

Question put.

The House divided.

Tellers for the Ayes, Mr David Hanson, Mr Clive Betts: 309.

Tellers for the Noes, Mr John M. Taylor, Mr Tim Collins: 122.

So the Question was agreed to.

An Amendment was made to the Bill, in lieu of the Lords Amendments, in page 3, line 46, at the end, to insert

      ‘Review of electoral system.—(1) The Secretary of State shall appoint one or more persons—

        (a) to review, in accordance with subsection 2, the operation of the system of election provided for by section 3 of the European Parliamentary Elections Act 1978 as substituted by section 1 of this Act, and

        (b) to make a report to the Secretary of State within six months from the day of appointment.

      (2) The review shall consider, in particular, how the ability of electors to vote for particular persons on a party's list of candidates might affect the results of an election.

      (3) The Secretary of State shall carry out his duty under subsection (1) within one month from the date of the first general election to the European Parliament which takes place after the coming into force of section 1.

      (4) The Secretary of State shall lay a copy of any report received under subsection (1)(b) before each House of Parliament.'.—(Mr David Jamieson.)

9Broadcasting,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Channel 4 (Application of Excess Revenues) Order 1998, which was laid before this House on 19th October, be approved—(Mr David Jamieson):—It was agreed to.

10Legal Aid and Advice,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Legal Advice and Assistance (Scope) (Amendment) Regulations 1998, which were laid before this House on 19th October, be approved—(Mr David Jamieson):—It was agreed to.

11Contracting Out,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Contracting Out (Functions in Relation to Insurance) Order 1998, which was laid before this House on 22nd October, be approved—(Mr David Jamieson):—It was agreed to.

12Agenda 2000: Financial Aspects,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 119 (European Standing Committees),That this House takes note of European Community Documents Nos. 7046/98, Commission Communication on the Establishment of a new Financial Perspective for the period 2000–2006; 7221/98, Commission report on the implementation of the Inter-institutional

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  Agreement of 29th October 1993 on budgetary discipline and improvement of the budgetary procedure together with proposals for renewal; 9302 /98, the European Court of Auditors Special Report No. 6/98 on the Court's assessment of the system of resources based on VAT and GNP; and 11666/98, Commission report on the operation of the Own Resources system; and supports the Government's efforts to maintain budget discipline in the Community and to ensure the fair financing of the EU, reflecting Member States' ability to pay—(Mr David Jamieson):—It was agreed to.

13Business of the House,—Ordered, That, at the sitting on Tuesday 17th November, the Speaker shall put the Questions necessary to dispose of proceedings on the Motions in the name of Margaret Beckett relating to Scrutiny of European Business not later than one and a half hours after the commencement of proceedings on the first such Motion, and such Questions shall include the Questions on any amendments selected by the Speaker which may then be moved.—(Mr David Jamieson.)

14Liaison,—Ordered, That Mrs Margaret Hodge be discharged from the Liaison Committee and Mr Malcolm Wicks be added to the Committee.—(Mr David Jamieson.)

15Scotland Bill,—Mr Henry McLeish reported from the Committee appointed to draw up a Reason to be assigned to the Lords for disagreeing to their Amendments Nos. 215 to 220 to the Scotland Bill, That it had drawn up the following Reason accordingly, which it had directed him to report to the House:

The Commons disagree to Amendments Nos. 215 to 220 made by the Lords in page 57, line 5; in page 57, line 9; in page 57, lines 15 to 17; in page 57, lines 18 to 37; in page 57, lines 38 to 43; and in page 57, line 46, for the following Reason:

Because the constituencies and regions for the purpose of elections to the Scottish Parliament should be a matter for Parliament.

The Reason was agreed to.

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

16Adjournment,—Resolved, That this House do now adjourn.—(Mr David Jamieson.)

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

[Adjourned at 10.50 p.m.


APPENDIX I

Papers delivered to the Votes and Proceedings Office on Friday 13th November 1998 (Non-sitting Friday, pursuant to Order [22nd October]) pursuant to Standing Order No. 159 (Presentation of statutory instruments):

Papers subject to Negative Resolution:

1Broadcasting,—Limit in Relation to Provision of Digital Programme Services Order 1998 (S.I., 1998, No. 2770), dated 12th November 1998 [Mr Secretary Smith].

2Magistrates' Courts,—Magistrates' Courts Committees (West Yorkshire) Amalgamation Order 1998 (S.I., 1998, No. 2769), dated 11th November 1998 [Mr Geoffrey Hoon].

3Pensions,—Judicial Pensions (European Court of Human Rights) Order 1998 (S.I., 1998, No. 2768), dated 12th November 1998 [Mr Geoffrey Hoon].

Papers presented or laid upon the Table on Monday 16th November 1998

Papers subject to Affirmative Resolution:

4Prisons,—Draft Northern Ireland (Sentences) Act 1998 (Specified Organisations) (No. 2) Order 1998 [by Act] [Secretary Marjorie Mowlam].

Papers subject to Negative Resolution:

5Education,—Education (Schools and Further Education) (Amendment) Regulations 1998 (S.I., 1998, No. 2792), dated 12th November 1998 [by Act] [Mr Secretary Blunkett].

6Family Law,—Child Support (Miscellaneous Amendments) (No. 2) Regulations 1998 (S.I., 1998, No. 2799), dated 16th November 1998 [by Act] [Mr Secretary Darling].

7National Health Service,—Bethlem and Maudsley National Health Service Trust (Transfer of Trust Property) Order 1998 (S.I., 1998, No. 2790), dated 12th November 1998 [by Act] [Mr Secretary Dobson].

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8National Health Service (Scotland),—National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment Regulations 1998 (S.I., 1998, No. 2772), dated 6th November 1998 [by Act] [Mr Secretary Dewar].

Other Papers:

9Agricultural Marketing,—Report and Accounts of Food from Britain for 1997–98 [by Act] [Mr Nicholas Brown].

10Environmental Audit,—Government Response to the Second Report from the Environmental Audit Committee, Session 1997–98, on The Greening Government Initiative [by Command] [Cm. 4108] [Mr Secretary Prescott].

11National Lottery,—Report and Accounts of the Arts Council of Northern Ireland National Lottery Fund for 1997–98, with the Report of the Comptroller and Auditor General thereon [by Act] [Mr Secretary Smith].

12Public Petitions,—Observations by the Secretary of State for Defence on the Petition [19th October] from residents of East Gomeldon, the Winterbournes and others for the clearance of buried ordnance [by Standing Order]; to be printed [Clerk of the House].

APPENDIX II

Standing Committees

1Draft Civil Procedure (Modification of Enactments) Order 1998,—The Committee of Selection has discharged from the Third Standing Committee on Delegated Legislation Ms Joan Ruddock (nominated in respect of the draft Order); and nominated in substitution Alice Mahon.

2Education (Infant Class Sizes) (England) Regulations 1998 (S.I., 1998, No. 1973),—The Committee of Selection has discharged from the Eighth Standing Committee on Delegated Legislation Valerie Davey (nominated in respect of the draft Order); and nominated in substitution Caroline Flint.

APPENDIX III

Reports from Select Committees

Public Accounts,—Part of the Minutes of Evidence taken before the Committee of Public Accounts on Monday 16th November [The Forensic Science Service]; to be printed [No. 1186-i] [Mr David Davis].


[No. 239.]

Tuesday 17th November 1998.

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

PRAYERS.

1City of Westminster Bill [Lords],—Ordered, That the promoters of the City of Westminster Bill [Lords] shall have leave to suspend proceedings thereon in order to proceed with the Bill, if they think fit, in the next Session of Parliament, provided that the Agents for the Bill give notice to the Clerks in the Private Bill Office not later than the day before the close of the present Session of their intention to suspend further proceedings and that all Fees due on the Bill up to that date be paid;

That, if the Bill is brought from the Lords in the next Session, the Agents for the Bill shall deposit in the Private Bill Office a declaration signed by them, stating that the Bill is the same, in every respect as the Bill which was brought from the Lords in the present Session;

That, as soon as a certificate by one of the Clerks in the Private Bill Office, that such a declaration has been so deposited, has been laid upon the Table of the House, the Bill shall be read the first and second time and committed (and shall be recorded in the Journal of this House as having been so read and committed);

That the Petition relating to the Bill presented in the present Session which stands referred to the Committee on the Bill shall stand referred to the Committee on the Bill in the next Session;

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That no Petitioners shall be heard before the Committee on the Bill, unless their Petition has been presented within the time limited within the present Session or deposited pursuant to paragraph (b) of Standing Order 126 relating to Private Business;

That, in relation to the Bill, Standing Order 127 relating to Private Business shall have effect as if the words “under Standing Order 126 (Reference to committee of petitions against Bill)” were omitted;

That no further Fees shall be charged in respect of any proceedings on the Bill in respect of which Fees have already been incurred during the present Session;

That these Orders be Standing Orders of the House.—(The Second Deputy Chairman of Ways and Means.)

Message to the Lords to acquaint them therewith.

2Second Standing Committee on Delegated Legislation,—Mrs Ray Michie reported from the Second Standing Committee on Delegated Legislation the draft Social Security (New Deal Pilot) Regulations 1998 and the draft Jobseeker's Allowance Amendment (New Deal) Regulations 1998.

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

3Third Standing Committee on Delegated Legislation,—Mrs Marion Roe reported from the Third Standing Committee on Delegated Legislation the draft Civil Procedure (Modification of Enactments) Order 1998.

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

4Fourth Standing Committee on Delegated Legislation,—Mrs Irene Adams reported from the Fourth Standing Committee on Delegated Legislation the Social Security (Contributions) (Amendment) (No. 3) Regulations 1998 (S.I., 1998, No. 2211).

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

5Fifth Standing Committee on Delegated Legislation,—Mr Roger Gale reported from the Fifth Standing Committee on Delegated Legislation the draft Education (Grammar School Ballots) Regulations 1998.

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

6Sixth Standing Committee on Delegated Legislation,—Mr John McWilliam reported from the Sixth Standing Committee on Delegated Legislation the draft Parliamentary Constituencies (England) (Miscellaneous Changes) Order 1998.

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

7Seventh Standing Committee on Delegated Legislation,—Mr Barry Jones reported from the Seventh Standing Committee on Delegated Legislation the Social Security (Welfare to Work) Regulations 1998 (S.I., 1998, No. 2231).

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

8Message from the Lords,—A Message was brought from the Lords, as follows:

The Lords insist on their Amendments to the European Parliamentary Elections Bill to which the Commons have disagreed, and disagree to the further Amendment proposed by the Commons in lieu thereof, for which insistence and disagreement they assign their Reason.

The Lords do not insist on their Amendments to the Scotland Bill to which the Commons have disagreed, they have agreed without Amendment to the Amendments proposed by the Commons in lieu of certain other Lords Amendments to which the Commons have disagreed, and they have agreed without Amendment to the Amendment made by the Commons to a further Lords Amendment.

The Lords have agreed to the Northern Ireland Bill, with Amendments to which they desire the agreement of the Commons.

Alliance & Leicester plc (Group Reorganisation) Bill [Lords],—The Lords communicate that they have considered the Message from the Commons [12th November] relating to the Alliance & Leicester plc (Group Reorganisation) Bill [Lords]; and that they have come to the following Resolutions in respect of the Bill, viz:

That the promoters of the Bill have leave to suspend any further proceedings thereon in this Session in order to proceed with the Bill in the next Session of Parliament, notice of their intention to do so having been deposited in the Office of the Clerk of the Parliaments not later than 12 noon to-morrow.

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That the Bill be deposited in the Office of the Clerk of the Parliaments not later than noon on the second sitting day in the next Session with a declaration annexed, signed by the agent stating that the Bill is the same in every respect as the Bill at the last stage of the proceedings thereon in this House in the present Session;

That the proceedings on the Bill in the next Session of Parliament be pro forma in regard to every stage through which the Bill has passed in the present Session, and that no new fees be charged to such stages;

That the Private Business Standing Orders apply to the Bill in the next Session only in regard to any stage through which the Bill has not passed during the present Session.

London Local Authorities Bill [Lords],—The Lords communicate that they have come to the following Resolutions in respect of the London Local Authorities Bill [Lords]; to which the Lords desire the concurrence of this House, viz:—

That the promoters of the Bill have leave to suspend any further proceedings thereon in order to proceed with it, if they think fit, in the next Session of Parliament, provided that notice of their intention to do so is lodged in the Office of the Clerk of the Parliaments not later than 12 noon to-morrow and that all fees due on or before that day have been paid;

That the Bill be deposited in the Office of the Clerk of the Parliaments not later than noon on the second sitting day in the next Session with a declaration annexed, signed by the agent, stating that the Bill is the same in every respect as the Bill at the last stage of the proceedings thereon in this House in the present Session;

That the proceedings on the Bill in the next Session of Parliament be pro forma in regard to every stage through which the Bill has passed in the present Session, and that no new fees be charged to such stages;

That the Private Business Standing Orders apply to the Bill in the next Session only in regard to any stage through which the Bill has not passed during the present Session.

9European Parliamentary Elections Bill,—Lords Reason for insisting on their Amendments to which the Commons have disagreed, and for disagreeing to the further Amendment proposed by the Commons in lieu to the European Parliamentary Elections Bill to be considered to-morrow, and to be printed [Bill 262].

10Northern Ireland Bill,—Lords Amendments to the Northern Ireland Bill to be considered to-morrow and to be printed [Bill 263].

11Stakeholder Pension,—A Motion was made, and the Question being proposed, That leave be given to bring in a Bill to require persons to contribute to a personal retirement pension scheme administered by an approved welfare supplier; to make provision with respect to contributions into and payments out of such schemes; to establish arrangements for the strategic direction and monitoring of pensions; and for connected purposes—(Mr Frank Field);

And the Motion being opposed, after a brief explanatory statement from the Member who made the Motion and from a Member who opposed it, the Deputy Speaker put the Question, pursuant to Standing Order No. 23 (Motions for leave to bring in bills and nomination of select committees at commencement of public business).

The House divided.

Tellers for the Ayes, Mr James Plaskitt, Mr Paul Stinchcombe: 37.

Tellers for the Noes, Mr Michael Fabricant, Mr Howard Flight: 1.

So the Question was agreed to.

Ordered, That Mr Frank Field, Sir Peter Tapsell, Sir Geoffrey Johnson Smith, Jackie Ballard, Steve Webb, Mr Archy Kirkwood, Mr Derek Foster, Mr Malcolm Wicks, Mr Clifford Forsythe and Mr David Davis do prepare and bring in the Bill.

12Stakeholder Pension Bill,—Mr Frank Field accordingly presented a Bill to require persons to contribute to a personal retirement pension scheme administered by an approved welfare supplier; to make provision with respect to contributions into and payments out of such schemes; to establish arrangements for the strategic direction and monitoring of pensions; and for connected purposes: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 261].

13Business of the House,—Ordered, That, at this day's sitting the Speaker shall not adjourn the House until any Messages from the Lords shall have been received.—(Mrs Anne McGuire.)

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14Scrutiny of European Business (No. 1),—Resolved, That this House approves the Seventh Report from the Select Committee on Modernisation of the House of Commons on the Scrutiny of European Business (HC 791) and takes note of the White Paper on the Scrutiny of European Business (Cm. 4095).—(Mrs Anne McGuire.)

15Scrutiny of European Business (No. 2),—Resolved, That the Resolution of the House of 24th October 1990 relating to European Community Legislation be rescinded and the following Resolution be made:

That,

(1) No Minister of the Crown should give agreement in the Council or in the European Council to any proposal for European Community legislation or for a common position or joint action under Title V or a joint position, joint action or convention under Title VI of the Treaty on European Union:—

(a) which is still subject to scrutiny (that is, on which the European Scrutiny Committee has not completed its scrutiny) or

(b) which is awaiting consideration by the House (that is, which has been recommended by the European Scrutiny Committee for consideration pursuant to Standing Order No. 119 (European Standing Committees) but in respect of which the House has not come to a Resolution).

(2) In this Resolution, any reference to agreement to a proposal includes—

(a) agreement to a programme, plan or recommendation for European Community legislation;

(b) political agreement;

(c) in the case of a proposal on which the Council acts in accordance with the procedure referred to in Article 189b of the Treaty of Rome (co-decision), agreement to a common position, to a joint text, and to confirmation of the common position (with or without amendments proposed by the European Parliament); and

(d) in the case of a proposal on which the Council acts in accordance with the procedure referred to in Article 189c of the Treaty of Rome (co-operation), agreement to a common position.

(3) The Minister concerned may, however, give agreement—

(a) to a proposal which is still subject to scrutiny if he considers that it is confidential, routine or trivial or is substantially the same as a proposal on which scrutiny has been completed;

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

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

(a) in every such case, to the European Scrutiny Committee at the first opportunity after reaching his decision; and

(b) in the case of a proposal awaiting consideration by the House, to the House at the first opportunity after giving agreement.

(5) In relation to any proposal which requires adoption by unanimity, abstention shall, for the purposes of paragraph (4), be treated as giving agreement.—(Mr Graham Allen.)

16Scrutiny of European Business (No. 3),—Resolved, That, upon the entering into force of the Treaty of Amsterdam, the Resolution on Scrutiny of European Business (No. 2) shall have effect with the following modifications:

In paragraph (1) the words “a common position or joint action under Title V or a joint position, joint action or convention under Title VI of the Treaty on European Union” are replaced by the words “a common strategy, joint action or common position under Title V or a common position, framework decision, decision or convention under Title VI of the Treaty on European Union”; and

in paragraph (2)(c) the words “a common position, to a joint text, and to confirmation of the common position (with or without amendments proposed by the European Parliament)” are replaced by the words “a common position, to an act in the form of a common position incorporating amendments proposed by the European Parliament, and to a joint text”.—(Mr Graham Allen.)

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17Scrutiny of European Business (No. 4),—Ordered, That, with effect from the beginning of the next Session, Standing Order No. 119 (European Standing Committees) be replaced by the following Standing Order (European Standing Committees):

”.—(1) There shall be three standing committees, called European Standing Committees, to which shall stand referred for consideration on motion, unless the House otherwise orders, such European Union documents as defined in Standing Order No. 143 (European Scrutiny Committee) as may be recommended by the European Scrutiny Committee for further consideration.

(2) If a motion that specified European Union documents as aforesaid shall not stand referred to a European Standing Committee is made by a Minister of the Crown at the commencement of public business, the question thereon shall be put forthwith.

(3) Each European Standing Committee shall consist of thirteen Members nominated for the duration of a Parliament by the Committee of Selection; and in nominating such Members, the Committee of Selection shall—

(a) have regard to the qualifications of the Members nominated and to the composition of the House; and

(b) have power to discharge Members from time to time, and to appoint others in substitution.

(4) The quorum of a European Standing Committee shall be three, excluding the chairman.

(5) Any Member, though not nominated to a European Standing Committee, may take part in the committee's proceedings and may move amendments to any motion made as provided in paragraphs (7) and (8) below, but such Member shall not make any motion, vote or be counted in the quorum; provided that a Minister of the Crown who is a Member of this House but not nominated to the committee may make a motion as provided in paragraphs (7) and (8) below; and the Government may appoint the precedence of notices of motion to be considered in each committee.

(6) The European Standing Committees, and the principal subject matter of the European Union documents to be referred to each, shall be as set out below; and in making recommendations for further consideration, the European Scrutiny Committee shall specify the committee to which in its opinion the documents ought to be referred; and subject to paragraph (2) of this order, the documents shall be referred to that committee accordingly:

European Standing CommitteesPrincipal subject matter
Matters within the responsibility of the following Departments:
A Agriculture, Fisheries and Food; Environment, Transport and the Regions; Forestry Commission; and analogous responsibilities of Scottish, Welsh and Northern Ireland Offices
B HM Treasury (including HM Customs and Excise); Social Security; Foreign and Commonwealth Office; International Development; Home Office; Lord Chancellor's Department; together with any matters not otherwise allocated by this order
C Trade and Industry; Education and Employment; Culture, Media and Sport; Health.

(7) The chairman may permit Ministers of the Crown to make statements and to answer questions thereon put by Members, in respect of each motion relative to a European Union document or documents referred to a European Standing Committee of which a Minister shall have given notice; but no question shall be taken after the expiry of a period of one hour from the commencement of the first such statement:

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Provided that the chairman may, if he sees fit, allow questions to be taken for a further period of not more than half an hour after the expiry of that period.

(8) Following the conclusion of the proceedings under the previous paragraph the motion referred to therein may be made, to which amendments may be moved; and, if proceedings thereon have not been previously concluded the chairman shall interrupt the consideration of such motion and amendments when the committee shall have sat for a period of two and a half hours, and shall then put forthwith successively:

(a) the question on any amendment already proposed from the chair; and

(b) the main question (or the main question, as amended).

The chairman shall thereupon report to the House any resolution to which the committee has come, or that it has come to no resolution, without any further question being put.

(9) If any motion is made in the House in relation to any European Union document in respect of which a report has been made to the House in accordance with paragraph (8) of this order, the Speaker shall forthwith put successively—

(a) the question on any amendment selected by her which may be moved;

(b) the main question (or the main question, as amended);

and proceedings in pursuance of this paragraph, though opposed, may be decided after the expiration of the time for opposed business.

(10) With the modifications provided in this order, the following Standing Orders shall apply to European Standing Committees:

No. 85 (Chairmen of standing committees);

No. 88 (Meetings of standing committees); and

No. 89 (Procedure in standing committees).”—(Mr Graham Allen.)

18Scrutiny of European Business (No. 5),—Ordered, That Standing Order No. 143 (Select Committee on European Legislation) be replaced by the following Standing Order (European Scrutiny Committee):

“.—(1) There shall be a select committee, to be called the European Scrutiny Committee, to examine European Union documents and—

(a) to report its opinion on the legal and political importance of each such document and, where it considers appropriate, to report also on the reasons for its opinion and on any matters of principle, policy or law which may be affected;

(b) to make recommendations for the further consideration of any such document pursuant to Standing Order No. 119 (European Standing Committees); and

(c) to consider any issue arising upon any such document or group of documents or related matters.

The expression ‘European Union document' in this order and in Standing Orders No. 16 (Proceedings under an Act or on European Union documents), No. 89 (Procedure in standing committees) and No. 119 (European Standing Committees) means—

(i) any proposal under the Community Treaties for legislation by the Council or the Council acting jointly with the European Parliament;

(ii) any document which is published for submission to the European Council, the Council or the European Central Bank;

(iii) any proposal to define a common position or for joint action under Title V of the Treaty on European Union which is prepared for submission to the Council;

(iv) any proposal for a joint position, joint action or a convention under Title VI of the Treaty on European Union which is prepared for submission to the Council;

(v) any document (not falling within (ii), (iii) or (iv) above) which is published by one Union institution for or with a view to submission to another Union institution and which does not relate exclusively to consideration of any proposal for legislation;

(vi) any other document relating to European Union matters deposited in the House by a Minister of the Crown.

(2) The committee shall consist of sixteen Members.

(3) The committee and any sub-committee appointed by it shall have the assistance of the Counsel to the Speaker.

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(4) The committee shall have power to appoint specialist advisers either to supply information which is not readily available or to elucidate matters of complexity within the committee's order of reference.

(5) The committee shall have power to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn from place to place, and to report from time to time.

(6) The quorum of the committee shall be five.

(7) The committee shall have power to appoint sub-committees and to refer to such sub-committees any of the matters referred to the committee.

(8) Every such sub-committee shall have power to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn from place to place, and to report to the committee from time to time.

(9) The committee shall have power to report from time to time the minutes of evidence taken before such sub-committees.

(10) The quorum of every such sub-committee shall be two.

(11) The committee shall have power to seek from any committee specified in paragraph (14) of this order its opinion on any European Union document, and to require a reply to such request within such time as it may specify.

(12) The committee or any sub-committee appointed by it shall have leave to meet concurrently with any committee specified in paragraph (14) of this order or with any committee of the Lords on the European Communities, or any sub-committee of that committee, for the purposes of deliberating or examining witnesses.

(13) The committee shall have power to communicate to any committee specified in paragraph (14) of this order its evidence or any other document related to matters of common interest.

(14) The committees specified for the purpose of this order are those appointed under Standing Order No. 152 (Select committees related to government departments) including any sub-committees of such committees, the Select Committee on Public Administration, the Committee of Public Accounts, and the Environmental Audit Committee.

(15) Unless the House otherwise orders, each Member nominated to the committee shall continue to be a member of it for the remainder of the Parliament.—(Mr Graham Allen.)

19Scrutiny of European Business (No. 6),—Ordered, That the following consequential Amendments to Standing Orders be made:

In Standing Order No. 16 (Proceedings under an Act or on European Community Documents), line 3, leave out “Community documents” and insert “Union documents (as defined in Standing Order No. 143 (European Scrutiny Committee))”.

In Standing Order No. 89 (Procedure in standing committees), line 18, leave out “Community” and insert “Union”.

In Standing Order No. 146 (Select Committee on Public Administration), line 20, at the end insert:

“(c) to communicate to the European Scrutiny Committee its evidence and any other document relating to matters of common interest; and

(d) to meet concurrently with the European Scrutiny Committee, or any sub-committee thereof, for the purposes of deliberating or taking evidence.”.

In Standing Order No. 148 (Committee of Public Accounts),

line 17, after “departments)” insert “and to the European Scrutiny Committee”,

line 21, at end add:

“(4) The committee shall have power to meet concurrently with the European Scrutiny Committee, or any sub-committee thereof, for the purposes of deliberating or taking evidence.”

In Standing Order No. 152 (Select committees related to government departments)

line 31, after “and” insert “to the European Scrutiny Committee,”

line 39, at end insert “or with the European Scrutiny Committee or any sub-committee thereof for the purposes of deliberating or taking evidence;”

line 46, after “thereof” insert “, or with the European Scrutiny Committee or any sub-committee thereof,”.

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In Standing Order No. 152A (Environmental Audit Committee), in line 30, after “thereof” insert “, or with the European Scrutiny Committee or any sub-committee thereof”.—(Mr Graham Allen.)

20Scrutiny of European Business (No. 7),—Ordered, That, with effect from the coming into force of the Treaty of Amsterdam, Standing Order No. 143 (European Scrutiny Committee) shall have effect with the following Amendments:

line 17, leave out “to define a common position or for joint action” and insert “for a common strategy, a joint action or a common position”;

line 19, after “Council” insert “or to the European Council”; and

line 20, leave out “joint position, joint action” and insert “common position, framework decision, decision”.—(Mr Graham Allen.)

21Scrutiny of European Business (No. 8),—Ordered, That Mr Ben Bradshaw, Mr Colin Breed, Mr Russell Brown, Mr Roger Casale, Mr William Cash, Mr Quentin Davies, Mr Jim Dobbin, Mrs Margaret Ewing, Mrs Linda Gilroy, Mr Jimmy Hood, Ms Jennifer Jones, Mrs Rosemary McKenna, Mr Jim Marshall, Mr Bill Rammell, Mr Anthony Steen and Mr Shaun Woodward be members of the European Scrutiny Committee.—(Mr Graham Allen.)

22Parliamentary Commissioner for Standards,—Resolved, That Ms Elizabeth Filkin be appointed Parliamentary Commissioner for Standards on the retirement of Sir Gordon Downey, KCB, on the terms of the Report of the House of Commons Commission (HC 1143), dated 9th November 1998.—(Mr Archy Kirkwood.)

23Prisons,—Resolved, That the draft Northern Ireland (Sentences) Act 1998 (Specified Organisations) (No. 2) Order 1998, which was laid before this House on 16th November, be approved.—(Mr Adam Ingram.)

24Committee of Public Accounts,—Ordered, That Mr Stephen Twigg be discharged from the Committee of Public Accounts and Mr Derek Twigg be added to the Committee.—(Mr David Hanson.)

25Public Petitions,—A Public Petition from Concern for Hospitals in East Kent relating to the health needs of the people of East Kent was presented and read; and ordered to lie upon the Table and to be printed.

26Adjournment,—Resolved, That this House do now adjourn.—(Mr David Hanson.)

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

[Adjourned at 10 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1Prisons,—Draft Parole Board (Transfer of Functions) Order 1998 [by Act] [Mr Secretary Straw].

Papers subject to Negative Resolution:

2Local Government,—Local Government Act 1988 (Defined Activities) (Exemption) (Tendring District Council) Order 1998 (S.I. 1998, No. 2762), dated 10th November 1998 [by Act] [Mr Secretary Prescott].

Other Papers:

3National Audit,—Report by the Comptroller and Auditor General on Catering at Grant-Maintained Schools in England [by Act]; to be printed [No. 1153] [Clerk of the House].

4Natural Heritage (Scotland),—Accounts of Scottish Natural Heritage for 1997–98, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1188] [Clerk of the House].

5Provisional Orders (Scotland),—Reports by the Secretary of State for Scotland, the Lord Chairman of Committees of the House of Lords and the Chairman of Ways and Means in the House of Commons under the Private Legislation Procedure (Scotland) Act 1936, That they have taken into consideration the representations which have been made to the Secretary of State for Scotland by

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(1) HFC Bank plc and Beneficial Bank PLC that they desire to obtain the Parliamentary powers specified therein, to be operative in Scotland and elsewhere, and that it is expedient that such powers should be conferred by one enactment because it is necessary to provide for the uniform regulation in Scotland and elsewhere of the affairs of HFC Bank plc, Beneficial Bank PLC and Household International (U.K.) Limited, and

(2) the United Reformed Church Trust acting on behalf of the United Reformed Church in the United Kingdom and the Congregational Union of Scotland Nominees Limited acting on behalf of the Congregational Union of Scotland that they desire to obtain the Parliamentary powers specified therein, to be operative in Scotland and elsewhere, and that it is expedient that such powers should be conferred by one enactment because it is necessary to provide for the uniform regulation in Scotland and elsewhere of the affairs of the United Reformed Church in the United Kingdom and the Congregational Union of Scotland

and are of the opinion that the said powers would be more properly obtained by the promotion of a Private Bill than by the promotion of a Private Bill and of a draft Provisional Order under the Private Legislation Procedure (Scotland) Act 1936 [by Act] [Mr Secretary Dewar].

6Public Petitions,—Observations by the Secretary of State for the Environment, Transport and the Regions on

(1) the Petition [31st July] from members of the Charlton and Blackheath Amateur Horticultural Society for a moratorium on the approval of genetically modified crops until their safety has been established,

(2) the Petition [31st July] from residents of Bedfordshire for a nationwide concessionary travel scheme for the elderly and disabled, and

(3) the Petition [21st October] from Walsall Friends of the Earth for improved protection of Sites of Special Scientific Interest

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

APPENDIX II

Standing Committees

Environmental Assessment (Forestry) Regulations 1998 (S.I. 1998, No. 1731),—The Committee of Selection has discharged Mr Dennis Canavan, Mr Malcolm Chisholm and Mr Tam Dalyell from the Ninth Standing Committee on Delegated Legislation (nominated in respect of the Regulations); and nominated in substitution Mr Desmond Brown, Dr Norman A. Godman and Mr David Stewart.

APPENDIX III

Reports from Select Committees

1Agriculture,—(1) Minutes of Evidence taken before the Agriculture Committee on 17th November [Sea fishing] to be printed [No. 1187-i]; and

(2) Memoranda laid before the Committee [Flood and coastal defence; CAP reform: rural development; sea fishing; UK pig industry]

[Mr Peter Luff].

2Education and Employment,—Minutes of Evidence taken before the Committee on 17th November [Opportunities for Disabled People]; to be printed [No. 1104-iii] [Mr Derek Foster].

3Environmental Audit,—Minutes of Evidence taken before the Environmental Audit Committee on 17th November [Multilateral Agreement on Investment]; to be printed [No. 1129-ii] [Mr Dominic Grieve].

4Environment, Transport and Regional Affairs,—(1) Minutes of Evidence taken before the Environment Sub-Committee of the Environment, Transport and Regional Affairs Committee on 17th November [Local Government Finance]; to be printed [No. 1126-iii]; and

(2) Memoranda laid before the Committee [New Countryside Agency]

[Mr Andrew F. Bennett].

5Foreign Affairs,—(1) Third Special Report from the Foreign Affairs Committee [Government Response to the Second Report from the Committee on Dependent Territories: Interim Report]; to be printed [No. 1192]; and

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(2) Minutes of Evidence taken before the Foreign Affairs Committee on 17th November [Sierra Leone]; to be printed [No. 1057-iv]

[Mr Donald Anderson].

6Home Affairs,—Minutes of Evidence taken before the Home Affairs Committee on 17th November [Police Training and Recruitment]; to be printed [No. 1121-iii] [Mr Chris Mullin].

7International Development,—Minutes of Evidence taken before the International Development Committee on 17th November [The Future of the EC Development Budget]; to be printed [No. 1189-i] [Mr Bowen Wells].

8Parliamentary Privilege,—Memoranda laid before the Joint Committee on Parliamentary Privilege; to be printed [No. 1193] [Mrs Ann Taylor].

9Public Administration,—Minutes of Evidence taken before the Select Committee on Public Administration on 17th November [Annual Report of the Parliamentary Commissioner for Administration for 1997–98]; to be printed [No. 933-ii] [Mr Rhodri Morgan].

10Standards and Privileges,—(1) Twentieth Report from the Committee on Standards and Privileges [Complaints against Mr Geoffrey Robinson (No. 3)], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 1190];

(2) Twenty-first Report from the Committee on Standards and Privileges [Appeal Procedures], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 1191]; and

(3) Minutes of Evidence taken before the Committee on 17th November [Complaints against Mr Geoffrey Robinson (No. 3)]; to be printed [No. 1190-i]

[Mr Robert Sheldon].

11Statutory Instruments,—(1) Forty-eighth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; and

(2) Third Report from the Select Committee on Statutory Instruments; to be printed [Nos. 33-xlviii and 34-iii] [Mr David Tredinnick].

12Trade and Industry,—Minutes of Evidence taken before the Trade and Industry Committee on 17th November [Multilateral Agreement on Investment]; to be printed [Nos. 1194-i and ii] [Mr Martin O'Neill].


[No. 240.]

Wednesday 18th November 1998.

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 Kevin Hughes);

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

2Private Bills [Lords] (Suspension),—Ordered, That so much of the Lords Message [17th November] as relates to the London Local Authorities Bill [Lords] be now considered.

The House accordingly proceeded to consider so much of the said Message.

Resolved, That this House doth concur with the Lords in their Resolution.—(The First Deputy Chairman of Ways and Means.)

Message to the Lords to acquaint them therewith.

3First Standing Committee on Delegated Legislation,—Mr Roger Gale reported from the First Standing Committee on Delegated Legislation the Disability Discrimination (Exemption for Small Employers) Order 1998 (S.I., 1998, No. 2618).

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

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4Eighth Standing Committee on Delegated Legislation,—Mr Bowen Wells reported from the Eighth Standing Committee on Delegated Legislation the Education (Infant Class Sizes) (England) Regulations 1998 (S.I., 1998, No. 1973).

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

5Ninth Standing Committee on Delegated Legislation,—Mr Peter Atkinson reported from the Ninth Standing Committee on Delegated Legislation the Environmental Assessment (Forestry) Regulations 1998 (S.I., 1998, No. 1731).

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

6Tenth Standing Committee on Delegated Legislation,—Mr Joe Benton reported from the Tenth Standing Committee on Delegated Legislation the Cattle Database Regulations 1998 (S.I., 1998, No. 1796).

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

7European Standing Committee A,—Mr Peter Atkinson reported from European Standing Committee A the following Resolution:

That the Committee takes note of European Community Document No. 9597/98, two draft Council Regulations establishing agrimonetary arrangements and the transitional arrangements to be applied under the Common Agricultural Policy with a view to the introduction of the euro; and supports the Government's intention to support the proposals which simplify the current agrimonetary arrangements by moving to a system which more closely reflects market realities, reducing the costs to taxpayers, consumers and businesses, and also the scope for distortions of competition whilst respecting UK international obligations without discriminating against those Member States not participating in the euro.

Report, together with Resolution, to lie upon the Table.

8European Standing Committee B,—Mr John Butterfill reported from European Standing Committee B the following Resolution:

That the Committee takes note of European Community Document No. 9690/98, the European Court of Auditors Special Report No. 7/98 on the European Development Aid Programme for South Africa (1986–1996) and its recommendations to the Commission; and supports the Government's position that these recommendations are practical and sensible and that the Government will work with Member States and other partners in all European Community development assistance programmes, and particularly in detailed arrangements to succeed the present EPRD in South Africa, after 1999, to ensure that these recommendations are fully implemented.

Report, together with Resolution, to lie upon the Table.

9Message from the Lords,—A Message was brought from the Lords, as follows:

The Lords have agreed to the Registration of Political Parties Bill, with Amendments; to which the Lords desire the concurrence of this House.

City of Westminster Bill [Lords],—The Lords communicate that they have considered the Message from the Commons [yesterday] relating to the City of Westminster Bill [Lords]; and they have come to the following Resolutions in respect of the Bill, viz.:

That the promoters of the Bill have leave to suspend any further proceedings thereon in this Session in order to proceed with the Bill in the next Session of Parliament, notice of their intention to do so having been deposited in the Office of the Clerk of the Parliaments not later than 12 noon to-morrow;

That the Bill be deposited in the Office of the Clerk of the Parliaments not later than noon on the second sitting day in the next Session with a declaration annexed, signed by the agent, stating that the Bill is the same in every respect as the Bill at the last stage of the proceedings thereon in this House in the present Session;

That the proceedings on the Bill in the next Session of Parliament be pro forma in regard to every stage through which the Bill has passed in the present Session, and that no new fees be charged to such stages;

That the Private Business Standing Orders apply to the Bill in the next Session only in regard to any stage through which the Bill has not passed during the present Session.

10Registration of Political Parties Bill,—Lords Amendments to be printed [Bill 266].

11Accommodation and Works,—Ordered, That the Minutes of Proceedings of the Accommodation and Works Committee be printed [No. 1154].

12Administration,—Ordered, That the Minutes of Proceedings of the Administration Committee be printed [No. 1155].

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13Agriculture,—Ordered, That the Minutes of Proceedings of the Agriculture Committee be printed [No. 1156].

14Broadcasting,—Ordered, That the Minutes of Proceedings of the Broadcasting Committee be printed [No. 1157].

15Catering,—Ordered, That the Minutes of Proceedings of the Catering Committee be printed [No. 1158].

16Culture, Media and Sport,—Ordered, That the Minutes of Proceedings of the Culture, Media and Sport Committee be printed [No. 1159].

17Defence,—Ordered, That the Minutes of Proceedings of the Defence Committee be printed [No. 1160].

18Education and Employment,—Ordered, That the Minutes of Proceedings of the Education and Employment Committee be printed, together with the Minutes of Proceedings of the Education Sub-Committee and the Minutes of Proceedings of the Employment Sub-Committee [No. 1161].

19Environment, Transport and Regional Affairs,—Ordered, That the Minutes of Proceedings of the Environment, Transport and Regional Affairs Committee be printed, together with the Minutes of Proceedings of the Environment Sub-Committee and the Minutes of Proceedings of the Transport Sub-Committee [No. 1162].

20Environmental Audit,—Ordered, That the Minutes of Proceedings of the Environmental Audit Committee be printed [No. 1163].

21Finance and Services,—Ordered, That the Minutes of Proceedings of the Finance and Services Committee be printed [No. 1164].

22Foreign Affairs,—Ordered, That the Minutes of Proceedings of the Foreign Affairs Committee be printed, together with the Minutes of Proceedings of the Entry Clearance Sub-Committee [No. 1165].

23Health,—Ordered, That the Minutes of Proceedings of the Health Committee be printed [No. 1166].

24Home Affairs,—Ordered, That the Minutes of Proceedings of the Home Affairs Committee be printed [No. 1167].

25Information,—Ordered, That the Minutes of Proceedings of the Information Committee be printed [No. 1168].

26International Development,—Ordered, That the Minutes of Proceedings of the International Development Committee be printed [No. 1169].

27Modernisation,—Ordered, That the Minutes of Proceedings of the Select Committee on Modernisation of the House of Commons be printed [No. 1170].

28Northern Ireland Affairs,—Ordered, That the Minutes of Proceedings of the Northern Ireland Affairs Committee be printed [No. 1171].

29Procedure,—Ordered, That the Minutes of Proceedings of the Procedure Committee be printed [No. 1172].

30Public Accounts,—Ordered, That the Minutes of Proceedings of the Committee of Public Accounts be printed [No. 1173].

31Public Administration,—Ordered, That the Minutes of Proceedings of the Select Committee on Public Administration be printed [No. 1174].

32Science and Technology,—Ordered, That the Minutes of Proceedings of the Science and Technology Committee be printed [No. 1175].

33Scottish Affairs,—Ordered, That the Minutes of Proceedings of the Scottish Affairs Committee be printed [No. 1176].

34Social Security,—Ordered, That the Minutes of Proceedings of the Social Security Committee be printed [No. 1177].

35Standards and Privileges,—Ordered, That the Minutes of Proceedings of the Committee on Standards and Privileges be printed [No. 1178].

36Statutory Instruments,—Ordered, That the Minutes of Proceedings of the Select Committee appointed to join with a Committee of the House of Lords on Statutory Instruments be printed [No. 1179].

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37Statutory Instruments,—Ordered, That the Minutes of Proceedings of the Select Committee on Statutory Instruments be printed [No. 1180].

38Trade and Industry,—Ordered, That the Minutes of Proceedings of the Trade and Industry Committee be printed [No. 1181].

39Treasury,—Ordered, That the Minutes of Proceedings of the Treasury Committee be printed, together with the Minutes of Proceedings of the Treasury Sub-Committee [No. 1182].

40Welsh Affairs,—Ordered, That the Minutes of Proceedings of the Welsh Affairs Committee be printed [No. 1183].

41European Standing Committee A,—Ordered, That the Minutes of Proceedings of European Standing Committee A be printed [No. 1195].

42European Standing Committee B,—Ordered, That the Minutes of Proceedings of European Standing Committee B be printed [No. 1196].

43Scottish Grand Committee,—Ordered, That the Minutes of Proceedings of the Scottish Grand Committee be printed [No. 1197].

44Financial Services (Ethical, &c. Considerations) Bill,—Mr Tony Colman presented a Bill to require the Financial Services Authority to issue guidance to persons authorised to provide financial services regarding advice to be given to clients: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 264].

45Freedom of Information,—Ordered, That leave be given to bring in a Bill to extend the right of access to information held by public authorities; and for connected purposes: And that Mr Andrew Mackinlay, Dr David Clark, Mr Mark Fisher, Mr Chris Mullin, Mr Rhodri Morgan, Mr Richard Shepherd, Mr Archy Kirkwood, Ms Roseanna Cunningham, Mr Elfyn Llwyd, Mr Martin Bell, Dr Tony Wright and Mr Ronnie Campbell do prepare and bring it in.

46Freedom of Information Bill,—Mr Andrew Mackinlay accordingly presented a Bill to extend the right of access to information held by public authorities; and for connected purposes: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 265].

47Business of the House,—Ordered, That, at this day's sitting, the Speaker shall not adjourn the House until any Messages from the Lords shall have been received.—(Mr David Hanson.)

48European Parliamentary Elections Bill (Lords Amendments),—The House, according to Order, proceeded to consider the Lords Reason for insisting on their Amendments to which the Commons have disagreed and for disagreeing to the further Commons Amendment in lieu.

The Lords Reason for insisting on their Amendments in page 2, line 1, page 2, line 2, page 2, line 15, and page 2, line 18, and for disagreeing to the Commons Amendment in lieu, was read, as follows:

Because the review proposed by the Commons is not an adequate substitute for an electoral system that allows electors to vote for the individual party candidate of their choice.

A Motion was made, and the Question being put, That this House insists on its disagreement with the Lords in their Amendments but does not insist on its Amendment in lieu—(Mr Secretary Straw);

The House divided.

Tellers for the Ayes, Mr Keith Hill, Jane Kennedy: 326.

Tellers for the Noes, Mr Stephen Day, Mr Nigel Waterson: 133.

So the Question was agreed to.

An Amendment was made to the Bill, in lieu of the Lords Amendments, in page 3, line 46, at the end, to insert—

      ‘Review of electoral system.—(1) The Secretary of State shall appoint one or more persons—

        (a) to review, in accordance with subsection 2, the operation of the system of election provided for by section 3 of the European Parliamentary Elections Act 1978 as substituted by section 1 of this Act, and

        (b) to make a report to the Secretary of State within six months from the day of appointment.

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       (2) The review shall consider, in particular, how the ability of voters to vote for particular persons on a party's list of candidates might affect the results of an election.

      (3) The Secretary of State shall carry out his duty under subsection (1) within one month from the date of the first general election to the European Parliament which takes place after the coming into force of section 1.

      (4) Before making an appointment under subsection (1) the Secretary of State shall consult such persons appearing to him to be interested as he thinks appropriate.

      (5) The Secretary of State shall lay a copy of any report received under subsection (1)(b) before each House of Parliament.'.—(Mr Mike Hall.)

49Northern Ireland Bill (Programme) (No. 2),—A Motion was made, and the Question being proposed, That the Order [17th July] relating to the Northern Ireland Bill (Programme) be supplemented as follows—

Lords Amendments

1. Proceedings on Consideration of Lords Amendments shall be completed at this day's sitting and shall, if not previously concluded, be brought to a conclusion four hours after the commencement of the proceedings.

2.—(1) This paragraph applies for the purpose of bringing proceedings to a conclusion in accordance with paragraph 1.

(2) The Speaker shall first put forthwith any Question already proposed from the Chair and not yet decided.

(3) If that Question is for the amendment of a Lords Amendment the Speaker shall then put forthwith—

(a) the Question on any further amendment to the Lords Amendment moved by a Minister of the Crown, and

(b) the Question on any Motion made by a Minister of the Crown, That this House agrees or disagrees with the Lords in the Amendment or (as the case may be) in the Amendment as amended.

(4) The Speaker shall then designate such of the remaining Lords Amendments as appear to the Speaker to involve questions of Privilege.

(5) The Speaker shall then put forthwith—

(a) the Question on any Amendment moved by a Minister of the Crown to a Lords Amendment, and

(b) the Question on any Motion made by a Minister of the Crown, That this House agrees or disagrees with the Lords in the Amendment or (as the case may be) in the Amendment as amended.

(6) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown, That this House disagrees with the Lords in a Lords Amendment.

(7) The Speaker shall then put forthwith with respect to the Lords Amendments designated by the Speaker which have not been disposed of the Question, That this House agrees with the Lords in those Amendments.

(8) The Speaker shall then put forthwith the Question, That this House agrees with the Lords in all the remaining Lords Amendments.

(9) As soon as the House has agreed or disagreed with the Lords in any of their Amendments, or disposed of an Amendment relevant to a Lords Amendment which has been disagreed to, the Speaker shall put forthwith a separate Question on any other Amendment which is moved by a Minister of the Crown and relevant to the Lords Amendments.

(10) The Speaker shall put forthwith the Question on any Motion made by a Minister of the Crown for the appointment, nomination and quorum of a Committee to draw up Reasons and the appointment of its Chairman.

(11) Proceedings under this paragraph shall not be interrupted under any Standing Order relating to the sittings of the House.

Supplemental

3. A Committee appointed to draw up Reasons shall report before the conclusion of the sitting.

4. Standing Order No. 15(1) (Exempted business) shall apply to proceedings on Consideration of the Lords Amendments for any part of the period of four hours after the commencement of the proceedings which falls after Ten o'clock.—(Mr Paul Murphy.)

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And it being three quarters of an hour after the commencement of proceedings on the Motion, the Deputy Speaker put the Question, pursuant to Order [17th July].

The House divided.

Tellers for the Ayes, Mr David Hanson, Mr David Clelland: 290.

Tellers for the Noes, The Reverend Ian Paisley, Mr William Ross: 6.

So the Question was agreed to.

50Northern Ireland Bill [Money] (No. 2),—Her Majesty's Recommendation having been signified to the proposed Motion relating to Northern Ireland Bill [Money] (No. 2):

Resolved, That for the purposes of any Act resulting from the Northern Ireland Bill, it is expedient to authorise the payment out of money provided by Parliament of any expenditure incurred by the Lord Chancellor under the Act.—(Mr Adam Ingram.)

51Northern Ireland Bill (Lords Amendments),—The House, according to Order, proceeded to consider the Lords Amendments to the Northern Ireland Bill.

Lords Amendments Nos. 1 to 82 were agreed to.

And it being Ten o'clock, further consideration of the Lords Amendments stood adjourned.

52Business 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 consideration of any Lords Messages and Amendments that may be received may be proceeded with, though opposed, until any hour—(Jane Kennedy):—It was agreed to.

53Message from the Lords,—A Message was brought from the Lords, as follows:

The Lords insist on their Amendments to the European Parliamentary Elections Bill to which the Commons have disagreed, and disagree to the further Amendment proposed by the Commons in lieu thereof, for which insistence and disagreement they assign their Reason.

54Northern Ireland Bill (Lords Amendments),—The House again proceeded to consider the Lords Amendments to the Northern Ireland Bill.

Lords Amendments Nos. 83 to 192 were agreed to.

Thursday 19th November 1998

Lords Amendments Nos. 193 to 417 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 194, 277, 278, 347 and 348.

55Registration of Political Parties Bill,—Ordered, That the Lords Amendments to the Registration of Political Parties Bill be considered forthwith.—(Mr Clive Betts.)

The House proceeded to consider the said Amendments.

Lords Amendments Nos. 1 to 8 were agreed to.

56Education,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Education (Grammar School Ballots) Regulations 1998, which were laid before this House on 21st October, be approved—(Mr David Jamieson):—It was agreed to.

57Social Security,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Social Security (New Deal Pilot) Regulations 1998, which were laid before this House on 29th October, be approved—(Mr Clive Betts):—It was agreed to.

58Representation of the People,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Parliamentary Constituencies (England) (Miscellaneous Changes) Order 1998, which was laid before this House on 4th November, be approved—(Mr Clive Betts):—It was agreed to.

59Social Security,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Jobseeker's Allowance Amendment (New Deal) Regulations 1998, which were laid before this House on 4th November, be approved—(Mr Clive Betts):—It was agreed to.

60Supreme Court of England and Wales,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Civil Procedure (Modification of Enactments) Order 1998, which was laid before this House on 5th November, be approved—(Mr Clive Betts):—It was agreed to.

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61Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr Clive Betts);

And the Motion having been made after Ten o'clock on Wednesday evening 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 eight minutes to One o'clock on Thursday morning, till this day.

[Adjourned at 12.52 a.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Negative Resolution:

1Education,—School Standards and Framework Act 1998 (Home-School Agreements) (Modification) Regulations 1998 (S.I., 1998, No. 2834), dated 12th November 1998 [by Act] [Mr Secretary Blunkett].

Other Papers:

2Education (Northern Ireland),—Statements and Summary of the Accounts of the Education and Library Boards for 1996–97, with the Reports of the Comptroller and Auditor General for Northern Ireland thereon [by Command] [Cm. 4094] [Secretary Marjorie Mowlam].

3Monopolies and Mergers,—Report by the Monopolies and Mergers Commission on the merger situation between ARRIVA plc and Lutonian Buses Ltd [by Command] [Cm. 4074] [Mr Secretary Mandelson].

4Museums and Galleries,—Account of the Imperial War Museum for 1997–98, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1199] [Clerk of the House].

5Police,—Draft Code of Practice on Intrusive Surveillance [by Act] [Mr Secretary Straw].

6Voluntary Sector (Wales),—Paper, entitled Compact, a shared vision: Compact between the Government and the Voluntary Sector in Wales [by Command] [Cm. 4107] [Mr Secretary Michael].

7Welfare,—Paper, entitled A new contract for welfare: support in bereavement [by Command] [Cm. 4104] [Mr Secretary Darling].

APPENDIX II

Reports from Select Committees

1Culture, Media and Sport,—Minutes of Evidence taken before the Culture, Media and Sport Committee on 18th November [The Heritage Lottery Fund]; to be printed [No. 968-v] [Mr Gerald Kaufman].

2Defence,—(1) Sixth Special Report from the Defence Committee [Government Observations on the Eighth Report from the Committee, Session 1997–98, on the Strategic Defence Review]; to be printed [No. 1198]; and

(2) Memorandum laid before the Defence Committee [Operation Resilient]

[Mr Bruce George].

3Education and Employment,—Minutes of Evidence taken before the Education Sub-Committee of the Education and Employment Committee on 18th November [The work of OFSTED]; to be printed [No. 1127-iii] [Mr Malcolm Wicks].

4Environment, Transport and Regional Affairs,—Minutes of Evidence taken before the Environment, Transport and Regional Affairs Committee [Integrated Transport White Paper]; to be printed [No. 1141-ii] [Mrs Gwyneth Dunwoody].

5European Scrutiny,—First Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 1200] [Mr Jimmy Hood].

6Northern Ireland Affairs,—Minutes of Evidence taken before the Northern Ireland Affairs Committee on 18th November [Non-Departmental Public Bodies in Northern Ireland]; to be printed [No. 1201] [Mr Peter Brooke].

7Public Accounts,—(1) Sixty-eighth Report from the Committee of Public Accounts [The Distribution of Lottery Funds by the English Sports Council]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 873];

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(2) Sixty-ninth Report from the Committee [The Performance of the NHS Cervical Screening Programme in England], together with an Appendix to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 757]; and

(3) Minutes of Evidence taken before the Committee on Wednesday 18th November [The Sale of British Energy]; to be printed [No. 1202-i]

[Mr David Davis].

8Science and Technology,—(1) Sixth Report from the Science and Technology Committee [Science and the Comprehensive Spending Review]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 1040]; and

(2) Fourth Special Report from the Science and Technology Committee [Government Response to the Fifth Report from the Committee, Session 1997–98 (British Biotech)]; to be printed [No. 1185]

[Dr Michael Clark].

9Scottish Affairs,—Second Report from the Scottish Affairs Committee [The Operation of Multi-layer Democracy], together with the Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 460] [Mr David Marshall].


[No. 241.]

Thursday 19th November 1998.

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

PRAYERS.

1Public Petitions,—A Public Petition from residents of the Coatbridge and Chryston constituency concerning the maintenance of adequate Post Office facilities in Muirhead was presented; and ordered to lie upon the Table and to be printed.

2Message to attend the Lords Commissioners,—A Message from the Lords Commissioners was delivered by the Gentleman Usher of the Black Rod.

Madam Speaker,

The Lords, authorised by virtue of Her Majesty's Commission, for declaring Her Royal Assent to several Acts agreed upon by both Houses and for proroguing the present Parliament, desire the immediate attendance of this Honourable House in the House of Peers, to hear the Commission read.

Accordingly the Speaker, with the House, went up to the House of Peers, where a Commission was read, giving, declaring and notifying the Royal Assent to several Acts, and for proroguing this present Parliament.

The Royal Assent was given to the following Acts:—

Statute Law Repeals Act 1998

Waste Minimisation Act 1998

Regional Development Agencies Act 1998

Scotland Act 1998

Northern Ireland Act 1998

Registration of Political Parties Act 1998.

And afterwards Her Majesty's Most Gracious Speech was delivered to both Houses of Parliament by the Lord High Chancellor (in pursuance of Her Majesty's Command), as follows:

My Lords and Members of the House of Commons:

The Duke of Edinburgh and I were pleased to receive the State Visits of His Excellency the President of Brazil in December 1997 and of Their Majesties the Emperor and Empress of Japan in May this year. We remember with great pleasure our visit to Canada in June and our State Visits to Pakistan and India in October 1997 and to Brunei and Malaysia in September of this year. Likewise I remember my visit to France and Belgium on 11 November.

My Government promised to govern for the benefit of the whole nation.

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In Northern Ireland, my Government have continued to work towards peace, stability and reconciliation. Their efforts to promote a comprehensive political settlement contributed to the Agreement reached in the multi-party talks. They have moved speedily to implement that Agreement, which was overwhelmingly endorsed by the people of Northern Ireland in a referendum. They have continued to foster the improvement of economic and social conditions through inward investment and other means. New measures for tackling terrorism have been introduced following the Omagh bombing.

The education of young people has been my Government's top priority. Legislation has been enacted to help raise standards in schools and phase out the assisted places scheme. The money saved has been used to cut class sizes. An Act has also been passed to reform teacher training, create a General Teaching Council and introduce new student support arrangements. Green Papers have been published setting out plans to help those with special educational needs and promote lifelong learning.

The process of modernising the National Health Service has begun. The largest ever capital programme is underway following the passage of the NHS (Private Finance) Act. My Government have appointed the first ever Minister for Public Health and outlined their strategy for reducing inequalities in health. Steps have also been taken to ensure that Health and Local Authorities work together effectively, particularly to improve the services for children in care.

My Government have pursued economic policies aimed at delivering stable levels of economic growth, employment and opportunities for all.

To that end, measures have been taken to put the economy firmly on course for steady growth with low inflation. Legislation has been enacted to give the Bank of England operational responsibility for setting interest rates, in order to deliver price stability and support the Government's overall economic policy within a framework of enhanced accountability.

Tough fiscal rules have been introduced and firm action taken to meet them, by reducing public borrowing. The new fiscal policy framework including a Code for Fiscal Stability, underpinned by legislation, will ensure that decisions on the public finances promote Britain's long-term economic goals.

My Government promised to attack youth and long term unemployment. They have already begun to expand employment opportunities and to make work pay. Reform of the tax and benefit systems to ensure that people are better off in work has begun, and the New Deal programmes are already extending new work opportunities to people who had been excluded from the labour market.

An Act has been passed which begins the process of modernising the Social Security system, particularly in the areas of decision making appeals and National Insurance contributions. And proposals for further welfare reform have been presented to Parliament to promote work for those who are able to work and security for those who cannot.

My Government have worked with business to promote sustainable growth. A wide range of measures have been introduced to encourage investment in industry, skills and new technologies and to increase productivity. To encourage entrepreneurship and to help create successful and profitable businesses, an Act to reform the framework for competition for business and industry has been enacted, and the structure of corporation taxes has been reformed.

My Government are committed to fairness at work. Legislation has been passed which will lead to the introduction of a National Minimum Wage.

My Government have completed a comprehensive review of public expenditure, reallocating spending to match priorities and eliminate waste and inefficiency. Within firm three year limits, additional resources have been provided for education, health and transport; and the new Investing in Britain Fund will double net public investment over the Parliament, providing for the renewal, reform and modernisation of Britain's infrastructure.

A White Paper has been published setting out plans for an integrated transport policy in England and Wales, aimed at providing better transport services, and reducing congestion and pollution from transport.

Legislation was enacted to strengthen the local authority capital finance system.

Measures have been put forward to combat crime. Legislation has been passed to provide for radical reform of the youth justice system, local partnerships to cut crime and disorder and measures to reduce offending. Legislation has also been enacted to prohibit the private possession of all handguns.

To ensure that as many people as possible have access to the benefits of the National Lottery, an Act has been passed to extend the scope of Lottery distribution to encompass health, education and the environment. It also included measures to improve regulation.

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Decentralisation is essential to my Government's vision of a modern nation. An Act has been passed to enable people in Scotland and Wales to vote on proposals for a devolved Scottish Parliament and the establishment of the National Assembly for Wales. These have been approved in Referendums in Scotland and Wales and Acts have been passed to implement them. My Government have also taken a first step towards decentralising decision-taking to the English regions.

A White Paper has been published setting out a 10 year programme for the reform and renewal of local governance in England and an Act has been passed which enabled the people of London to vote in a referendum on my Government's proposals for an elected Mayor and Assembly for London. These proposals were approved in a referendum on 7th May, and a Bill is to be introduced to implement them.

An Act has been passed to establish Regional Development Agencies in England to bring a regional focus to the economic development and regeneration of the English Regions.

My Government are committed to open and transparent Government. Legislation has been passed to strengthen the data protection controls over the use of personal information about individuals and an Act has been passed to give full effect in the United Kingdom law to the rights and freedoms guaranteed under the European Convention on Human Rights.

Members of the House of Commons

I thank you for the provision you have made for the work and dignity of the Crown and for the public service.

My Lords and Members of the House of Commons

My Government have taken a leading role in the European Union. They negotiated and signed the Treaty of Amsterdam which included provisions enabling the UK to opt into the social chapter. The United Kingdom has now ratified the Treaty. They took part in initial negotiations on the European Commission's Agenda 2000 proposals which included reform of the Common Agricultural Policy.

During the United Kingdom's Presidency of the European Union, efforts were made to promote employment and to improve competitiveness. Negotiations on enlargement were opened and good progress was made on key Presidency priorities for co-operation in the European Union, including the fight against drugs and crime, an effective external policy, economic reform, and an agreement to a code of conduct on arms export. My Government oversaw the historic decision confirming that eleven Member States met the conditions for joining the single currency, as well as the establishment of the European Central Bank.

My Government have allocated additional resources to tackle global poverty and to promote sustainable development. They are implementing the policies set out in the White Paper on International Development.

In May this year, the G8 Summit in Birmingham agreed measures to promote employability at home and the development of poorer countries abroad, help the environment and tackle international crime. They also successfully hosted an Asia-Europe meeting in April 1998 and the Commonwealth Heads of Government meeting in Edinburgh in October 1997.

Vigorous action has been taken to protect the environment, and against terrorism, drugs, money laundering and organised crime. My Government played a leading part in securing agreement at the Kyoto Conference on Climate Change to commitments to binding reduction targets for greenhouse gas emissions.

The United Kingdom played a full part in the negotiations which led to the agreement in July to establish the International Criminal Court.

My Government put human rights at the centre of foreign policy and published the first Annual Report on Human Rights. They ratified the two Additional Protocols to the Geneva convention on the Protection of Victims of War, adopted an abolitionist stance on the death penalty, and took steps to prevent the export of torture equipment. They hosted a conference on Nazi Gold, and helped set up a relief fund for victims of Nazi persecution.

As evidence of their commitment to international peace and security, my Government passed legislation enabling the United Kingdom to ratify the Comprehensive Nuclear Test Ban Treaty and the Ottawa Convention banning anti-personnel landmines. They will continue to urge all those who have not done so to adhere to these treaties.

Progress has also been made to reform and strengthen the United Nations.

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My Government have worked to modernise our defence capability so that it matches the changing strategic setting. The Strategic Defence Review—the most far reaching reform of our armed forces since the war—reassessed our security interests and defence needs and provided the Armed Forces and all those who work in defence with a clear long-term vision. Arrangements for strong and modern defence based on the North Atlantic Treaty Organisation have been maintained and my Government played a major role in the decisions taken at NATO's Madrid Summit and in the steps taken to strengthen NATO's relationships with Russia, and they have notified the UK acceptance of the accession to the Alliance of the Czech Republic, Hungary and Poland.

My Lords and Members of the House of Commons

I pray that the blessing of Almighty God may attend you.

After which the Lord Chancellor said:

My Lords and Members of the House of Commons:

By virtue of Her Majesty's Commission which has been now read we do, in Her Majesty's name, and in obedience to Her Majesty's Commands, prorogue this Parliament to Tuesday the twenty-fourth day of this instant November, to be then here holden, and this Parliament is accordingly prorogued to Tuesday the twenty-fourth day of this instant November.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1Police,—(1) Draft Police Act 1997 (Authorisation of Action in Respect of Property) (Code of Practice) Order 1998; and

(2) Draft Police Act 1997 (Notification of Authorisations etc.) Order 1998

[by Act] [Mr Secretary Straw].

Papers subject to Negative Resolution:

2Commercial Agents,—Commercial Agents (Council Directive) (Amendment) Regulations 1998 (S.I., 1998, No. 2868), dated 19th November 1998 [by Act] [Mr Secretary Mandelson].

3National Health Service,—National Health Service (General Medical Services) Amendment (No. 2) Regulations 1998 (S.I., 1998, No. 2838), dated 18th November 1998 [by Act] [Mr Secretary Dobson].

Other Papers:

4Financial Regulation (Crown Dependencies),—Review of Financial Regulation in the Crown Dependencies [by Command] [Cm. 4109-I, II, III and IV] [Mr Secretary Straw].

5Parliamentary Papers,—Alphabetical Index to the Bills, House of Commons Papers and Command Papers in the House of Commons set of parliamentary papers with notes on the volume arrangement and summary of legislation, Session 1997–98, Fifty-second Parliament, First Session, 46th and 47th Elizabeth II, 7th May 1997 to 19th November 1998, to be printed [No. 1203] [The Speaker].

APPENDIX II

Reports from Select Committees

1European Legislation,—Minutes of Evidence taken before the Select Committee on European Legislation on 10th December 1997 and 11th February 1998 [Tobacco Advertising]; to be printed [No. 1204] [Mr Jimmy Hood].


REGISTRATION OF POLITICAL PARTIES ACT 1998

The Speaker has appointed the following Members to serve for the duration of the present Parliament on the committee to advise the registrar of political parties established under section 10 of the Registration of Political Parties Act 1998: Mr Alan Beith, Mrs Virginia Bottomley, Mrs Gwyneth Dunwoody, Mr Derek Foster, Mrs Llin Golding, Sir Alastair Goodlad, Mr Barry Jones, Mr Gerald Kaufman and Mr Peter Viggers.


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