| Commons Journal 255
Chronological Index
Alphabetical Index - Part I
Alphabetical Index - Part II
Page 113 1998-1999 Volume 255
[No. 33.] Monday 8th February 1999.
The House met at half-past Two o'clock. PRAYERS.
| 1 | Access to Environmental Information Bill,—Mr Matthew Taylor, supported by Mr Alan Simpson, Mr Peter Bottomley, Mr David Chaytor, Mr Cynog Dafis, Norman Baker, Mrs Helen Brinton, Mr Andrew Stunell, Mr David Lepper and Mr Jeremy Corbyn, presented a Bill to extend the right of citizens to information concerning certain activities which may affect the environment; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 26th February and to be printed [Bill 41]. |
| 2 | Social Security Contributions (Transfer of Functions, etc.) Bill [Lords],—The Order of the day being read, for the Second Reading of the Social Security Contributions (Transfer of Functions, etc.) Bill [Lords]; |
And a Motion being made, and the Question being proposed, That the Bill be now read a second time;
An Amendment was proposed to the Question, to leave out from the word ‘That' to the end of the Question and add the words ‘this House declines to give the Social Security Contributions (Transfer of Functions, etc.) Bill [Lords] a Second Reading because the effect of the Bill will be to facilitate the ending of the contributory principle, leading to the wider application of the means test, which will have a detrimental effect on the public and particularly pensioners; and because the major practical difficulties in transferring functions relating to social security contributions to the Treasury have not been overcome', instead thereof.—(Mr Iain Duncan Smith.)
And the Question being put, That the Amendment be made;
The House divided.
Tellers for the Ayes, Sir David Madel, Mr Tim Collins: 132.
Tellers for the Noes, Mr David Clelland, Mr Jim Dowd: 322.
So the Question was negatived.
And the Main Question being put forthwith, pursuant to Standing Order No. 62 (Amendment on second or third reading):—It was agreed to.
The Bill was accordingly read a second time and stood committed to a Standing Committee.
| 3 | Social Security Contributions (Transfer of Functions, etc.) Bill [Lords] [Money],—Her Majesty's Recommendation having been signified to the proposed Motion relating to Social Security Contributions (Transfer of Functions, etc.) Bill [Lords] [Money]; |
A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Social Security Contributions (Transfer of Functions, etc.) Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of—
(a) any expenses incurred by a Minister of the Crown or government department under the Act, and
(b) any increase attributable to the Act in the sums which under any other Act are payable out of money so provided—(Mr Mike Hall):—It was agreed to.
| 4 | Social Security Contributions (Transfer of Functions, etc.) Bill [Lords] [Ways and Means],—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Social Security Contributions (Transfer of Functions, etc.) Bill [Lords], it is expedient to authorise a payment out of the National Insurance Fund into the Consolidated Fund in respect of payments made under section 42A(3) of the Pension Schemes Act 1993—(Mr Mike Hall):—It was agreed to. |
| 5 | Northern Ireland,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Departments (Northern Ireland) Order 1999, which was laid before this House on 26th January, be approved—(Mr Mike Hall):—It was agreed to. |
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| 6 | Business of the House,—Ordered, That, at the sitting on 11th February, notwithstanding Standing Order No. 16 (Proceedings under an Act or on European Union documents), the Speaker shall— |
(i) put the Questions on the Motions in the name of Mr Secretary Michael relating to Local Government Finance (Wales) not later than Four o'clock;
(ii) put the Questions on the Motions in the name of Mr Secretary Dewar relating to the Local Government Finance (Scotland) Order 1999 and the draft Housing Support Grant (Scotland) Order 1999 not later than one and a half hours after the commencement of proceedings on the first such Motion; and
(iii) put the Questions on any Motions in the name of Mr Secretary Dewar relating to the draft Scotland Act 1998 (Transitional and Transitory Provisions) (Finance) Order 1999 and the draft Scotland Act 1998 (Transitional and Transitory Provisions) (Appropriations) Order 1999 not later than Seven o'clock.—(Mr Mike Hall.)
| 7 | Food Standards,—Ordered, That a select committee of thirteen Members be appointed to report on the draft bill on the Food Standards Agency (Cm. 4249); |
Ordered, That Mrs Diana Organ, Ms Sally Keeble, Audrey Wise, Dr Howard Stoate, Dr Lewis Moonie, Mr Martyn Jones, Mr Kevin Barron, Dr Stephen Ladyman, Mr Owen Paterson, Mr David Curry, Mr Robert Walter, Dr Peter Brand and the Reverend Martin Smyth be members of the Committee;
Ordered, That the Committee have power
(a) to send for persons, paper and records;
(b) to sit notwithstanding any adjournment of the House;
(c) to adjourn from place to place within the United Kingdom;
(d) to appoint specialist advisers; and
(e) to communicate to any select committee of either House their evidence and any other documents relating to matters of common interest; and
Ordered, That the Committee shall report by 31st March 1999.—(Mr Mike Hall.)
| 8 | Adjournment,—Resolved, That this House do now adjourn.—(Mr Mike Hall.) |
And accordingly the House, having continued to sit till half-past Eight o'clock, adjourned till to-morrow.
[Adjourned at 8.30 p.m.
APPENDIX I
Papers delivered to the Votes and Proceedings Office on Friday 5th February 1999 (Non-sitting Friday, S.O. No. 12) pursuant to Standing Order No. 159 (Presentation of statutory instruments):
Papers subject to Negative Resolution:
| 1 | Council Tax,—Local Government Changes for England (Council Tax) (Transitional Reduction) Regulations 1999 (S.I., 1999, No. 259), dated 5th February 1999 [Mr Secretary Prescott]. |
| 2 | Education,—(1) Education (Aptitude for Particular Subjects) Regulations 1999 (S.I., 1999, No. 258), dated 2nd February 1999 [Mr Secretary Blunkett]; |
(2) Education (Determination of Admission Arrangements) Regulations 1999 (S.I., 1999, No. 126), dated 2nd February 1999 [Mr Secretary Blunkett];
(3) Education (Objections to Admission Arrangements) Regulations 1999 (S.I., 1999, No. 125), dated 2nd February 1999 [Mr Secretary Blunkett];
(4) Education (Registered Inspectors of Schools Appeal Tribunal and Registered Nursery Education Inspectors Appeal Tribunal) (Procedure) Regulations 1999 (S.I, 1999, No. 265), dated 4th February 1999 [Mr Secretary Blunkett];
(5) Education (Relevant Areas for Consultation on Admission Arrangements) Regulations 1999 (S.I., 1999, No. 124), dated 2nd February 1999 [Mr Secretary Blunkett];
(6) Education (School Information) (England) (Amendment) Regulations 1999 (S.I., 1999, No. 251), dated 30th January 1999 [Mr Secretary Blunkett];
(7) Education (School Information) (Wales) (Amendment) Regulations 1999 (S.I., 1999, No. 127), dated 3rd February 1999 [Mr Secretary Michael];
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(8) Local Education Authority (Post-Compulsory Education Awards) Regulations 1999 (S.I., 1999, No. 229), dated 1st February 1999 [Mr Secretary Blunkett]; and
(9) York Sixth Form College (Dissolution) Order 1999 (S.I., 1999, No. 218), dated 28th January 1999 [Mr Secretary Blunkett].
| 3 | Health and Safety,—(1) Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 1999 (S.I., 1999, No. 197), dated 26th January 1999, and |
(2) Transport of Dangerous Goods (Safety Advisers) Regulations 1999 (S.I., 1999, No. 257), dated 4th February 1999
[Mr Secretary Prescott].
| 4 | Local Government,—Local Authorities (Alteration of Requisite Calculations) (England) Regulations 1999 (S.I., 1999, No. 228), dated 4th February 1999 [Mr Secretary Prescott]. |
| 5 | National Health Service,—National Institute for Clinical Excellence Regulations 1999 (S.I., 1999, No. 260), dated 4th February 1999 [Mr Secretary Dobson]. |
| 6 | Road Traffic,—Road Traffic Offenders (Prescribed Devices) Order 1999 (S.I., 1999, No. 162), dated 26th January 1999 [Mr Secretary Straw]. |
Papers presented or laid upon the Table on Monday 8th February 1999:
Papers subject to Affirmative Resolution:
| 7 | Education (Scotland),—Draft Education (Student Loans) (Scotland) Regulations 1999 [by Act] [Mr Secretary Dewar]. |
| 8 | European Communities,—Draft European Communities (Definition of Treaties) (Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States and the Hashemite Kingdom of Jordan) Order 1999 [by Act] [Mr Secretary Cook]. |
Papers subject to Negative Resolution:
| 9 | Criminal Law,—Police (Retention and Disposal of Items seized under section 60 of the Criminal Justice and Public Order Act 1994) Regulations 1999 (S.I., 1999, No. 269), dated 5th February 1999 [by Act] [Mr Secretary Straw]. |
| 10 | Education,—Education Act 1996 (Special Purpose and Capital Grants) (Modification) Regulations 1999 (S.I., 1999, No. 274), dated 8th February 1999 [by Act] [Mr Secretary Blunkett]. |
| 11 | Fees and Charges,—European Economic Interest Grouping (Fees) Regulations 1999 (S.I., 1999, No. 268), dated 2nd February 1999 [by Act] [Mr Secretary Byers]. |
| 12 | Medicines,—Medicine (Advertising and Monitoring of Advertising) Amendment Regulations 1999 (S.I., 1999, No. 267), dated 5th February 1999 [by Act] [Mr Secretary Dobson]. |
| 13 | National Health Service,—National Health Service (Fund-holding Practices) Amendment Regulations 1999 (S.I., 1999, No. 261), dated 8th February 1999 [by Act] [Mr Secretary Dobson]. |
| 14 | Rating and Valuation,—Non-Domestic Rate (Scotland) Order 1999 (S.I., 1999, No. 254), dated 28th January 1999 [by Act] [Mr Secretary Dewar]. |
| 15 | School Standards and Framework,—(1) Draft Code of Practice on School Admissions [by Act] [Mr Secretary Blunkett]; and |
(2) Welsh Office: Draft Code of Practice on School Admissions [by Act] [Mr Secretary Michael].
| 16 | Sea Fisheries,—Draft North Western and North Wales Sea Fisheries District Order 1999 [by Act] [Mr Nicholas Brown]. |
| 17 | Social Security,—Child Benefit (Residence and Persons Abroad) Amendment Regulations 1999 (S.I., 1999, No. 198), dated 29th January 1999 [by Act] [Mr Secretary Darling]. |
Other Papers:
| 18 | Channel Tunnel Rail Link,—Department of the Environment, Transport and the Regions Departmental Minute concerning a contingent liability consequent upon the guarantee of bonds proposed to be issued by London & Continental Railways and of track access payments [by Command] [Mr Secretary Prescott]. |
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| 19 | Public Lending Right,—Report by the Secretary of State for Culture, Media and Sport on the Public Lending Right Scheme for 1997–98, incorporating the Registrar's Annual Review and Summary Financial Statement of the Public Lending Right Central Fund for 1997–98, with the Report of the Comptroller and Auditor General thereon [by Act] [Mr Secretary Smith]. |
APPENDIX II
Reports from Select Committees
| 1 | Northern Ireland Affairs,—(1) Minutes of Evidence taken before the Northern Ireland Affairs Committee [Non-Departmental Public Bodies in Northern Ireland: The Sports Council and Northern Ireland Electricity: Christmas and New Year Failure of Supplies]; to be printed [Nos. 226-i and 227-i]; [Mr Peter Brooke]. |
| 2 | Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [The Final Accounts of Chessington Computer Centre, Recruitment and Assessment Services and the Occupational Health and Safety Agency]; to be printed [No. 231-i] [Mr David Davis]. |
| 3 | Welsh Affairs,—Minutes of Evidence taken before the Welsh Affairs Committee [Childcare in Wales]; to be printed [No. 156-iii] [Mr Martyn Jones]. |
[No. 34.] Tuesday 9th February 1999.
The House met at half-past Two o'clock. PRAYERS.
| 1 | City of London (Ward Elections) Bill,—The Order of the day being read, for the Second Reading of the City of London (Ward Elections) Bill; |
Ordered, That the Bill be read a second time on Tuesday 16th February.
| 2 | Immigration and Asylum Bill,—Mr Secretary Straw, supported by the Prime Minister, Mr Secretary Prescott, Mr Chancellor of the Exchequer, Mr Secretary Cook, Mr Secretary Dewar, Mr Secretary Dobson, Mr Secretary Darling, Mr Geoffrey Hoon and Mr Mike O'Brien presented a Bill to make provision about immigration and asylum; to make provision about procedures in connection with marriage on superintendent registrar's certificate; 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 42]. |
Ordered, That the Explanatory Notes relating to the Immigration and Asylum Bill be printed [Bill 42–EN].
| 3 | Transport of Farm Animals,—Ordered, That leave be given to bring in a Bill to make provision with respect to the welfare of farm animals exported from Great Britain; to require Ministers to lay before Parliament proposals for ending the export of live farm animals and the transport of such animals over long distances; and for connected purposes: And that Mr Gwyn Prosser, Jackie Ballard, Mr Peter Bottomley, Mr Vernon Coaker, Mr Bill Etherington, Jim Fitzpatrick, Mrs Eileen Gordon, Mr Mike Hancock, Mr Nigel Jones, Laura Moffatt, Dr Nick Palmer and Angela Smith do prepare and bring it in. |
| 4 | Transport of Farm Animals Bill,—Mr Gwyn Prosser accordingly presented a Bill to make provision with respect to the welfare of farm animals exported from Great Britain; to require Ministers to lay before Parliament proposals for ending the export of live farm animals and the transport of such animals over long distances; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 19th March and to be printed [Bill 43]. |
| 5 | Employment Relations Bill,—The Order of the day being read, for the Second Reading of the Employment Relations Bill; |
And a Motion being made, and the Question being proposed, That the Bill be now read a second time;
An Amendment was proposed to the Question, to leave out from the word ‘That' to the end of the Question and add the words ‘this House declines to give a Second Reading to the Employment Relations Bill because it will jeopardise employment, endanger the successful legacy of good industrial relations left by the last Government, impose further damaging costs on British business and risk industrial strikes and disruption, rather than
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leaving employers and employees free to settle relationships for themselves without outside interference', instead thereof.—(Mr John Redwood.)
And the Question being put, That the Amendment be made;
The House divided.
Tellers for the Ayes, Mr Nigel Waterson, Mr Stephen Day: 135.
Tellers for the Noes, Mr Mike Hall, Mr Greg Pope: 395.
So the Question was negatived.
And the main Question being put forthwith, pursuant to Standing Order No. 62 (Amendment on second or third reading):—It was agreed to.
The Bill was accordingly read a second time and stood committed to a Standing Committee.
| 6 | Employment Relations Bill [Money],—Her Majesy's Recommendation having been signified to the proposed Motion relating to Employment Relations Bill [Money]; |
A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Employment Relations Bill, it is expedient to authorise the payment out of money provided by Parliament of—
(a) any increase attributable to the Act in the sums so payable under any other enactment;
(b) any expenditure of the Secretary of State under the Act—(Mrs Anne McGuire):—It was agreed to.
| 7 | Procedure,—Ordered, That Helen Southworth be discharged from the Procedure Committee and Mr Colin Burgon be added to the Committee.—(Mrs Anne McGuire.) |
| 8 | Adjournment,—Resolved, That this House do now adjourn.—(Mrs Anne McGuire.) |
And accordingly the House, having continued to sit till a quarter to Eleven o'clock, adjourned till to-morrow.
[Adjourned at 10.45 p.m.
APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Negative Resolution:
| 1 | Construction (Northern Ireland),—(1) Construction Contracts Exclusion Order (Northern Ireland) 1999 (S.R.(N.I.), 1999, No. 33), and |
(2) Scheme for Construction Contracts in Northern Ireland Regulations (Northern Ireland) 1999 (S.R.(N.I.), 1999, No. 32),
dated 27th January 1999 [by Act] [Secretary Marjorie Mowlam].
Other Papers:
| 2 | London Regional Transport,—Report and Accounts of the London Regional Passengers Committee for 1997–98, with the Report of the Comptroller and Auditor General thereon [by Act] [Mr Secretary Prescott]. |
| 3 | National Audit,—Report by the Comptroller and Auditor General on Protecting the Financial Welfare of People with Mental Incapacity [by Act]; to be printed [No. 206] [Clerk of the House]. |
| 4 | Police (Northern Ireland),—Statement of Policing Principles for Northern Ireland, issued by the Secretary of State under section 37 of the Police (Northern Ireland) Act 1998 after consultation with the Police Authority for Northern Ireland and the Chief Constable of the Royal Ulster Constabulary [by Act] [Secretary Marjorie Mowlam]. |
| 5 | Railways,—Report and Accounts of the British Railways Board for 1997–98 [by Act] [Mr Secretary Prescott]. |
| 6 | School Inspections,—Report of Her Majesty's Chief Inspector of Schools for 1997–98 [by Act]; to be printed [No. 129] [Mr Secretary Blunkett]. |
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APPENDIX II
Standing Committees
| Draft Railways (Rateable Values) (Scotland) Order 1999,—The Committee of Selection has discharged Dr Lynda Clark from the Sixth Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Mr George Galloway. |
APPENDIX III
Reports from Select Committees
| 1 | Administration,—Memorandum laid before the Administration Committee [The Houses of Parliament Public Opening Summer 1999—Business Plan] [Mrs Marion Roe]. |
| 2 | Agriculture,—Minutes of Evidence taken before the Agriculture Committee [Badgers and Bovine Tuberculosis]; to be printed [No. 233-i] [Mr Peter Luff]. |
| 3 | Environmental Audit,—(1) Second Report from the Environmental Audit Committee [Climate Change; Government Response and Follow-up], with an Appendix; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 88] and |
(2) Minutes of Evidence taken before the Committee [Energy Efficiency]; to be printed [No. 159-ii]
[Mr John Horam].
| 4 | Environment, Transport and Regional Affairs,—(1) Minutes of Evidence taken before the Environment Sub-Committee of the Environment, Transport and Regional Affairs Committee [The Operation of the Landfill Tax]; to be printed [No. 150-ii]; and |
(2) Memoranda laid before the Environment Sub-Committee [Regional Development Agencies]; to be printed [No. 232-II]
[Mr Andrew F. Bennett].
| 5 | Home Affairs,—Minutes of Evidence taken before the Home Affairs Committee [Police Training and Recruitment and the Work of the Criminal Cases Review Commission]; to be printed [Nos. 81-iv and 106-ii] [Mr Chris Mullin]. |
| 6 | International Development,—Minutes of Evidence taken before the International Development Committee [Women and Development]; to be printed [No. 160-iv] [Mr Bowen Wells]. |
| 7 | Public Administration,—Minutes of Evidence taken before the Select Committee on Public Administration [Report of the Health Service Commissioner for 1997-98]; to be printed [No. 54-v] [Mr Rhodri Morgan]. |
| 8 | Statutory Instruments,—Eighth Report from the Joint Committee on Statutory Instruments together with Memoranda laid before the Committee; to be printed [No. 50-viii] [Mr David Tredinnick]. |
| 9 | Trade and Industry,—Minutes of Evidence taken before the Trade and Industry Committee [Ethical Trading]; to be printed [No. 235-i] [Mr Martin O'Neill]. |
[No. 35.] Wednesday 10th February 1999.
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—(Mr Robert Ainsworth); |
And it being Two o'clock, the Motion for the adjournment of the House lapsed, without Question put, pursuant to the Standing Order.
| 2 | Fifth Standing Committee on Delegated Legislation,—Mr Jim Cunningham reported from the Fifth Standing Committee on Delegated Legislation the Hallmarking (Hallmarking Act Amendment) Regulations 1998 (S.I., 1998, No. 2978). |
Minutes of Proceedings of the Committee to lie upon the Table.
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| 3 | Welfare Reform and Pensions Bill,—Mr Secretary Darling, supported by the Prime Minister, Mr Secretary Prescott, Mr Chancellor of the Exchequer, Mr Secretary Blunkett, Mr Secretary Dewar, Secretary Marjorie Mowlam, Mr Secretary Michael, Mr Stephen Timms, Mr Andrew Smith, Mr Geoffrey Hoon and Mr Hugh Bayley, presented a Bill to make provision about pensions and social security; to make provision for reducing under-occupation of dwellings by housing benefit claimants; to authorise certain expenditure by the Secretary of State having responsibility for social security; 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 44]. |
Ordered, That the Explanatory Notes relating to the Welfare Reform and Pensions Bill be printed [Bill 44–EN].
| 4 | Poverty and Social Exclusion (National Strategy),—A Motion was made, and the Question being proposed, That leave be given to bring in a Bill to require the production and implementation of a comprehensive, participatory strategy for co-ordinated Government action to reduce and eliminate poverty and social exclusion in the United Kingdom—(Mr David Drew); |
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 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, Judy Mallaber, Mr Ivan Henderson: 228.
Tellers for the Noes, Mr Desmond Swayne, Mr John Bercow: 16.
So the Question was agreed to.
Ordered, That Mr David Drew, Mr Peter Bottomley, Mr Frank Field, Mr John McAllion, Mr Chris Pond, Julia Drown, Mr Stephen Pound, Mr Ernie Ross, Mr Andrew Rowe, Ms Dari Taylor, Steve Webb and Mr Andrew Welsh do prepare and bring in the Bill.
| 5 | Poverty and Social Exclusion (National Strategy) Bill,—Mr David Drew accordingly presented a Bill to require the production and implementation of a comprehensive, participatory strategy for co-ordinated Government action to reduce and eliminate poverty and social exclusion in the United Kingdom: And the same was read the first time; and ordered to be read a second time on Friday 14th May and to be printed [Bill 45]. |
| 6 | Sexual Offences (Amendment) Bill (Clause No. 1),—The House, according to Order, resolved itself into a Committee on the Sexual Offences (Amendment) Bill (Clause No. 1). |
(In the Committee)
Clause No. 1 (Reduction in age at which certain sexual acts are lawful).
Amendment (No. 1) proposed, in page 1, line 6, after the word ‘(buggery);' to insert the words—
‘(aa) in sub-paragraphs (a) and (b) of paragraph 3 (buggery) of Schedule 2 (punishments, etc);'.—(Dr Evan Harris.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Another Amendment (No. 2) proposed, in page 1, line 9, at the end to insert:—
‘( ) In section 12 of the Sexual Offences Act 1956 (buggery)—
(a) at the beginning of subsection (1), there shall be inserted the words “Subject to subsection (1D) below”; and
(b) after subsection (1C), there shall be inserted the following subsection—
“(1D) No proceedings shall be taken under this section against a person under the age of sixteen where the other party has at the time of the offence attained the age of sixteen.”.
( ) In section 13 of the Sexual Offences Act 1956 (indecency between men)—
(a) at the beginning, there shall be inserted the words “(1) Subject to subsection (2) below”; and
(b) at the end, there shall be inserted the following subsection—
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“(2) No proceedings shall be commenced under this section against a person under the age of sixteen where the other party had at the time of the offence attained the age of sixteen.”.'.—(Dr Evan Harris.)
Question proposed, That Amendment be made:—Amendment, by leave, withdrawn.
Another Amendment (No. 4) proposed, in page 1, line 15, at the end to insert the words—
‘( ) In sub-paragraph (2)(b) (offences in England and Wales) of paragraph 1 of Schedule 1 to the Sex Offenders Act 1997 (sexual offences to which part I applies)—
(a) after the words “(a)(iv)” there shall be inserted the words “and (vii)”; and
(b) after the word “over;” there shall be inserted—
“(bb) paragraph (a)(v) and (vi) does not apply where the other party to the offence was 16 or over”.'.—(Mr Richard Allan.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Question put, That the Clause stand part of the Bill.
The Committee divided.
Tellers for the Ayes, Mrs Ann Keen, Ms Laura Moffat: 330.
Tellers for the Noes, Mr Gerald Howarth, Mr Andrew Robathan: 126.
Bill (Clause No. 1) to be reported.
The Deputy Speaker resumed the Chair; and Jane Kennedy reported, That the Committee had gone through the Bill (Clause No. 1), and directed her to report the same, without Amendment.
Ordered, That the Bill (Clause No. 1) do lie upon the Table.
| 7 | Water Industry Bill,—The House, according to Order, proceeded to consider the Water Industry Bill, not amended in the Standing Committee. |
A Clause (Provisions for Wales)—(Mr Cynog Dafis)—brought up and read the first time.
Question put, That the Clause be read a second time.
The House divided.
Tellers for the Ayes: Mr Donald Gorrie, Mr Ieuan Wyn Jones: 30.
Tellers for the Noes: Mr David Hanson, Mr Graham Allen: 313.
Amendments (Nos. 31 to 34) made to the Bill.
Another Amendment made to the Bill, in page 2, line 40, to leave out the words ‘section 61(7) above' and insert the words ‘paragraph 1(2) of Schedule 4A to this Act'.—(Mr Michael Meacher.)
It being Ten o'clock, further consideration of the Bill stood adjourned.
| 8 | Business 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 Water Industry Bill may be proceeded with, though opposed, till any hour—(Mr Graham Allen):—It was agreed to. |
| 9 | Water Industry Bill,—The House again proceeded to consider the Water Industry Bill, not amended in the Standing Committee. |
Amendment (No. 26) proposed to the Bill, in page 3, to leave out from end of line 19 to the end of line 10 on page 4 and insert the words—
‘143A.—(1) In making a charges scheme under section 143 above, a relevant undertaker shall have regard to any guidance issued by the Secretary of State in relation to the matters listed in subsection (2) below.
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(2) For the purposes of subsection (1) above, the Secretary of State may issue guidance relating to the following—
(a) the factors to be taken into account in relation to the fixing, calculating and imposing of charges;
(b) the making available to consumers of alternative bases of charging; and
(c) the taking into account of the problems faced by the aged, ill and disabled.
(3) The Secretary of State shall arrange for any guidance given by him under subsection (2) above to be published in such a manner as he considers appropriate.'.—(Mrs Caroline Spelman.)
Question put, That the Amendment be made.
The House divided.
Tellers for the Ayes, Sir David Madel, Mrs Caroline Spelman: 120.
Tellers for the Noes, Mr David Hanson, Mr Keith Hill: 317.
Another Amendment (No. 30) proposed to the Bill, on page 5, line 48, at the end, to insert the words—
‘(12) When under subsection (4) the Director upholds a water undertaker's refusal to give effect to a measured charges notice the consumer shall have the right to opt to pay as an alternative to the current charge either:—
(a) a charge assessed by the water undertaker by reference to the estimated volume of water supplied to the premises; or
(b) the water undertaker's average household charge
and any dispute between a water undertaker and a consumer as to the application of (a) above may be referred to the Director for determination under section 30A above by either party to the dispute.'.—(Mr Simon Burns.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Another Amendment (No. 28) proposed to the Bill, in page 6, line 33, at the end, to insert the words—
‘(5) Where a change in occupation of any premises occurs as a result of a change in ownership of those premises, a relevant undertaker may not begin to fix charges in respect of those premises by reference to volume in accordance with subsection 2(b) above unless the purchaser of the premises shall have been notified before the completion of the purchase of the undertaker's intention to begin charging by volume.'.—(Mr Simon Burns.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Another Amendment (No. 35) made to the Bill.
A Schedule (Schedule to be inserted in the Water Industry Act 1991)—(Mr Clive Betts)—brought up, read the first and second time, and added to the Bill.
A Motion being made, That the Bill be now read the third time;
Mr Michael Meacher, by Her Majesty's Command, acquainted the House, That Her Majesty, having been informed of the purport of the Bill, gives her Consent, as far as Her Majesty's interest is concerned, That the House may do therein as it shall think fit.
Mr Michael Meacher, by Command of the Prince of Wales, acquainted the House, That His Royal Highness, having been informed of the purport of the Bill, gives his Consent, as far as the Prince of Wales's interest is concerned, That the House may do therein as it shall think fit.
And the Question being put:—It was agreed to.
The Bill was accordingly read the third time, and passed.
| 10 | Adjournment,—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, and the Debate having continued for half an hour, the Deputy Speaker adjourned the House, without Question put, pursuant to the Standing Order, it being then three minutes to Twelve o'clock, till to-morrow.
[Adjourned at 11.57 p.m.
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APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Affirmative Resolution:
| 1 | Local Government Finance,—Local Government Finance (England) Special Grant Report (No. 40) [by Act]; to be printed [No. 205] [Mr Secretary Dobson]. |
| 2 | Constitutional Law,—Draft National Asembly for Wales (Disqualification) Order 1999 [by Act] [Mr Secretary Michael]. |
Papers subject to Negative Resolution:
| 3 | Building Societies,—Building Societies (Contents of Accounts) Regulations 1999 (S.I., 1999, No. 248), dated 8th February 1999 [by Act] [Ms Patricia Hewitt]. |
Other Papers:
| 4 | Treaty Series (No. 7, 1999),—Agreement, done at London on 8th December 1994, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kyrgyz Republic for the Promotion and Protection of Investments [by Command] [Cm. 4259] [Mr Secretary Cook]. |
| 5 | Treaty Series (No. 8, 1999),—Agreement, done at London on 19th March 1996, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Moldova for the Promotion and Protection of Investments [by Command] [Cm. 4260] [Mr Secretary Cook]. |
APPENDIX II
Standing Committees
| 1 | Social Security Contributions (Transfer of Functions, etc.) Bill [Lords]: |
(1) The Speaker has allocated the Bill to Standing Committee D, and has appointed Mr John McWilliam and Mr Humfrey Malins Chairmen; and
(2) the Committee of Selection has appointed sixteen Members to serve on the Committee, viz.: Mr Vernon Coaker, Mr Tim Collins, Mr Quentin Davies, Maria Eagle, Mr Christopher Fraser, Ms Patricia Hewitt, Mr Kevin Hughes, Mr Alan Johnson, Miss Anne McIntosh, Mr Andrew Miller, Dr Doug Naysmith, Mr Mark Oaten, Mr David Rendel, Mr Jonathan R. Shaw, Mr Gareth R. Thomas and Mr Stephen Timms.
| 2 | Employment Relations Bill: |
(1) The Speaker has allocated the Bill to Standing Committee E, and has appointed Mrs Gwyneth Dunwoody and Mr Peter Atkinson Chairmen; and
(2) the Committee of Selection has appointed twenty-three Members to serve on the Committee, viz.: Charlotte Atkins, Mr John Bercow, Mr Tim Boswell, Mr Graham Brady, Mr Ian Bruce, Mr David Chidgey, Mr Tim Collins, Mr Brian Cotter, Mr Geraint Davies, Mr Frank Doran, Lorna Fitzsimons, Barbara Follett, Mr John Healey, Mr Phil Hope, Miss Julie Kirkbride, Mr Bob Laxton, Mr Ian McCartney, Ms Sandra Osborne, Mr Ian Pearson, Mr Greg Pope, Mr Ian Stewart, Mr Michael Wills and Mr Phil Woolas.
| 3 | Draft Education (Student Support) Regulations 1999, and draft Education (Student Loans) (Scotland) Regulations 1999: |
(1) The Speaker has allocated the draft Regulations to the First Standing Committee on Delegated Legislation, and has appointed Mr Bill Olner Chairman; and
(2) the Committee of Selection has appointed sixteen Members to serve on the Committee, viz.: Mr Stephen Day, Mr Donald Gorrie, Mr John Horam, Ms Beverley Hughes, Mr David Jamieson, Helen Jones, Mr Oliver Letwin, Mrs Helen Liddell, Miss Anne McIntosh, Mr Tony McNulty, Mr Gordon Marsden, Mr George Mudie, Mr Frank Roy, Joan Ryan, Rachel Squire and Mr Phil Willis.
| 4 | Draft Development Commission (Transfer of Functions and Miscellaneous Provisions) Order 1999: |
(1) The Speaker has allocated the draft Order to the Second Standing Committee on Delegated Legislation, and has appointed Mr Jimmy Hood Chairman; and
(2) the Committee of Selection has appointed fifteen Members to serve on the Committee, viz.: Mr Graham Allen, Jackie Ballard, Mr Nigel Beard, Mr Tom Brake, Mr Colin Burgon, Mr Simon Burns, Mr John Cummings, Chris McCafferty, Mr Michael Meacher, Mr Terry Rooney, Mr Martin Salter, Mr Brian Sedgemore, Mrs Caroline Spelman, Mr David Tredinnick and Mr Shaun Woodward.
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| 5 | Draft Diplomatic Privileges (British Nationals) Order 1999: |
(1) The Speaker has allocated the draft Order to the Fourth Standing Committee on Delegated Legislation, and has appointed Mr Humfrey Malins Chairman; and
(2) the Committee of Selection has appointed sixteen Members to serve on the Committee, viz.: Mr Alan Campbell, Ms Judith Church, Dr David Clark, Tom Cox, Mr Mark Fisher, Mr Patrick Hall, Mr David Heath, Jane Kennedy, Mr Tony Lloyd, Mr Denis MacShane, Sir David Madel, Mr Richard Page, Bob Russell, Mr Richard Shepherd, Mr Gerry Steinberg and Mr Michael Trend.
European Standing Committees
| 6 | European Standing Committee C,—Mr John McWilliam reported from the Committee of Selection, That it had nominated thirteen Members to serve on European Standing Committee C, viz.: Mr David Borrow, Mr David Crausby, Mr Keith Darvill, Mr Ivan Henderson, Mr Stephen Hesford, Mr Michael Jack, Dr Stephen Ladyman, Mr Tim Loughton, Miss Anne McIntosh, Mr Mark Oaten, Miss Geraldine Smith, Mr John Swinney and Mr Anthony D. Wright. |
| 7 | The unnumbered Explanatory Memorandum submitted by MAFF on 20th November 1998, relating to Agenda 2000: Reform of the Common Agricultural Policy, has been referred to European Standing Committee A. |
| 8 | European Community Document No. 5123/99, relating to electronic commerce in the single market, has been referred to European Standing Committee C, together with European Community Document No. 5562/98 referred to the Committee on 3rd December 1998. |
Grand Committees
| 9 | Welsh Grand Committee,—The Speaker has appointed Mr Barry Jones Chairman of the Welsh Grand Committee in respect of the meeting of the Committee in Aberaeron on Monday 22nd February. |
| 10 | Northern Ireland Grand Committee,—The Speaker has appointed Mr Frank Cook Chairman of the Northern Ireland Grand Committee in respect of the meeting of the Committee on Thursday 25th February. |
APPENDIX III
Reports from Select Committees
| 1 | Defence,—Minutes of Evidence taken before the Defence Committee [The MoD Performance Report 1997–98]; to be printed [No. 241] [Mr Bruce George]. |
| 2 | Education and Employment,—Minutes of Evidence taken before the Education Sub-Committee of the Education and Employment Committee [The work of OFSTED]; to be printed [No. 62-vii] [Mr Malcolm Wicks]. |
| 3 | Environment, Transport and Regional Affairs,—(1) Sixth Report from the Environment, Transport and Regional Affairs Committee [Maritime and Coastguard Agency], with the Appendices to the Minutes of Evidence taken before the Transport Sub-Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 31]; and |
(2) Minutes of Evidence taken before the Transport Sub-Committee of the Committee [The Future of the UK Shipping Industry]; to be printed [No. 172-iii]
[Mrs Gwyneth Dunwoody].
| 4 | European Scrutiny,—Ninth Report from the European Scrutiny Committee, together with Minutes of Evidence taken before the Committee on 10th February; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 34-ix] [Mr Jimmy Hood]. |
| 5 | Modernisation of the House of Commons,—Minutes of Evidence taken before the Select Committee on Modernisation of the House of Commons [The Main Committee]; to be printed [No. 194-iii] [Margaret Beckett]. |
| 6 | Procedure,—(1) Minutes of Evidence taken before the Procedure Committee [Procedural Consequences of Devolution]; to be printed [No. 185-ii]; and |
(2) Memoranda laid before the Committee [Procedural Consequences of Devolution]
[Mr Nicholas Winterton].
| 7 | Public Accounts,—(1) Fifth Report from the Committee of Public Accounts [Department of Trade and Industry: The Sale of British Energy] [No. 242]; and |
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(2) Minutes of Evidence taken before the Committee [National Savings: Developments in Financial Reporting]; to be printed [No. 243-i]
[Mr David Davis].
| 8 | Science and Technology,—First Special Report from the Science and Technology Committee [Government Response to the Sixth Report from the Committee, Session 1997–98, on Science and the Comprehensive Spending Review]; to be printed [No. 234] [Dr Michael Clark]. |
| 9 | Trade and Industry,—(1) Fourth Report from the Trade and Industry Committee [Draft Limited Liability Partnership Bill], together with the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 59]; |
(2) Fifth Report from the Committee [Telephone Numbering], together with 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. 139]; and
(3) Third Special Report from the Committee [Government Observations on the First Report from the Trade and Industry Committee, on Vehicle Pricing]; to be printed [No. 236]
[Mr Martin O'Neill].
[No. 36.]
Thursday 11th February 1999.
The House met at half-past Eleven o'clock.
PRAYERS.
| 1 | Private Bills (Standing Orders not previously inquired into complied with),—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, referred after the Second Reading thereof, the Standing Orders not previously inquired into, which are applicable thereto, have been complied with, viz.: |
| HFC Bank Bill. |
| Bill committed. |
| 2 | Tax Credits Bill,—Mrs Marion Roe reported from Standing Committee D, That it had gone through the Tax Credits Bill, and made Amendments thereunto. |
Bill, as amended in the Standing Committee, to be considered on Monday 15th February; and to be printed [Bill 46].
Minutes of Proceedings of the Committee to be printed [No. 244].
| 3 | Sexual Offences (Amendment) Bill (except Clause No.1),—Mr Frank Cook reported from Standing Committee E, That it had gone through the Sexual Offences (Amendment) Bill (except Clause No. 1), and made Amendments thereunto. |
Bill, as amended in the Standing Committee, to be considered on Monday 15th February; and to be printed [Bill 47].
Minutes of Proceedings of the Committee to be printed [No. 246].
| 4 | Sixth Standing Committee on Delegated Legislation,—Mr George Stevenson reported from the Sixth Standing Committee on Delegated Legislation the draft Railways (Rateable Values) (Scotland) Order 1999. |
Minutes of Proceedings of the Committee to lie upon the Table.
| 5 | Local Government Finance (Wales),—Resolved, That the Local Government Finance Report (Wales) 1999–2000 (House of Commons Paper No. 203), which was laid before this House on 3rd February, be approved.—(Mr Secretary Michael.) |
| 6 | Local Government Finance (Wales),—Resolved, That the Local Government Finance (Amendment) Report (Wales) 1998–1999 (House of Commons Paper No. 204), which was laid before this House on 3rd February, be approved.—(Mr Secretary Michael.) |
| 7 | Local Government Finance (Wales),—Resolved, That the Special Grant Report (Wales) 1999 (House of Commons Paper No. 177), which was laid before this House on 28th January, be approved.—(Mr Secretary Michael.) |
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| 8 | Local Government Finance (Scotland),—A Motion was made, and the Question being put, That the Local Government Finance (Scotland) Order 1999, dated 28th January 1999, a copy of which was laid before this House on 1st February, be approved—(Mr Calum Macdonald); |
The House divided.
Tellers for the Ayes, Jane Kennedy, Mr David Jamieson: 291.
Tellers for the Noes, Mr Donald Gorrie, Mr Phil Willis: 19.
So the Question was agreed to.
Resolved, That the Local Government Finance (Scotland) Order 1999, dated 28th January 1999, a copy of which was laid before this House on 1st February, be approved.
| 9 | Housing (Scotland),—Resolved, That the draft Housing Support Grant (Scotland) Order 1999, which was laid before this House on 28th January, be approved.—(Mr Henry McLeish.) |
| 10 | Constitutional Law,—Resolved, That the draft Scotland Act 1998 (Transitory and Transitional Provisions) (Finance) Order 1999, which was laid before this House on 4th February, be approved.—(Mr Henry McLeish.) |
| 11 | Constitutional Law,—Resolved, That the draft Scotland Act 1998 (Transitory and Transitional Provisions) (Appropriations) Order 1999, which was laid before this House on 4th February, be approved.—(Mr Henry McLeish.) |
| 12 | Social Security Contributions (Transfer of Functions, etc.) Bill [Lords],—Ordered, That during the proceedings on the Social Security Contributions (Transfer of Functions, etc.) Bill [Lords], the Standing Committee on the Bill shall have leave to sit twice on the first day on which it shall meet.—(Mr Keith Hill.) |
| 13 | Food Standards,—Ordered, That the quorum of the Committee appointed by Order [8th February] to report on the draft bill on the Food Standards Agency (Cm. 4249) shall be five.—(Mr Keith Hill.) |
| 14 | Adjournment,—Resolved, That this House do now adjourn.—(Mr Keith Hill.) |
And accordingly the House, having continued to sit till two minutes past Eight o'clock, adjourned till Monday 15th February.
[Adjourned at 8.02 p.m.
APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Negative Resolution:
| 1 | Health and Safety,—Carriage of Dangerous Goods (Amendment) Regulations 1999 (S.I., 1999, No. 303), dated 11th February 1999 [by Act] [Mr Secretary Prescott]. |
| 2 | Local Government,—Local Government Act 1988 (Defined Activities) (Exemptions) (Broxtowe Borough Council, South Somerset District Council and Thurrock Borough Council) Order 1999 (S.I., 1999, No. 219), dated 1st February 1999 [by Act] [Mr Secretary Prescott]. |
| 3 | Pensions,—Personal Injuries (Civilians) Amendment Scheme 1999 (S.I., 1999, No. 262), dated 4th February 1999 [by Act] [Mr Secretary Darling]. |
| 4 | Rating and Valuation,—Non-Domestic Rates (Levying) (Scotland) Regulations 1999 (S.I., 1999, No. 276), dated 4th February 1999 [by Act] [Mr Secretary Dewar]. |
| 5 | Sheriff Court (Scotland),—Confirmation to Small Estates (Scotland) Order 1999 (S.I., 1999, No. 290), dated 4th February 1999 [by Act] [Mr Secretary Dewar]. |
| 6 | Water Industry,—Water (Compulsory Works Powers) (Notice) Regulations 1999 (S.I., 1999, No. 221), dated 2nd February 1999 [by Act] [Mr Secretary Prescott]. |
Other Papers:
| 7 | Insolvency,—Accounts prepared pursuant to section 409 of the Insolvency Act 1986 of the sums received and paid by the Secretary of State for Trade and Industry under section 403, and of the sums credited and debited to the Investment Account by the National Debt Commissioners for 1997–98, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 247] [Clerk of the House]. |
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| 8 | Law Commission (Scotland),—Report by the Scottish Law Commission on the Abolition of the Feudal System [by Act]; to be printed [No. 183] [Mr Secretary Dewar]. |
| 9 | Local Government (Scotland),—Accounts of the Accounts Commission for Scotland for the year ended 31st October 1998, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 249] [Clerk of the House]. |
| 10 | Merchant Shipping,—Report by the Department of the Environment, Transport and the Regions of exemptions granted under section 294 of the Merchant Shipping Act 1995 during 1998 [by Act] [Mr Secretary Prescott]. |
| 11 | United Nations,—(1) Federal Republic of Yugoslavia (United Nations Sanctions) (Amendment) Order 1999 (S.I., 1999, No. 280), |
(2) Federal Republic of Yugoslavia (United Nations Sanctions) (Channel Islands) (Amendment) Order 1999 (S.I., 1999, No. 284),
(3) Federal Republic of Yugoslavia (United Nations Sanctions) (Dependent Territories) (Amendment) Order 1999 (S.I., 1999, No. 281), and
(4) Federal Republic of Yugoslavia (United Nations Sanctions) (Isle of Man) (Amendment) Order 1999 (S.I., 1999, No. 285),
dated 10th February 1999 [by Act] [Margaret Beckett].
APPENDIX II
Standing Committees
| 1 | Draft Diplomatic Privileges (British Nationals) Order 1999,—The Speaker has appointed Mr George Stevenson Chairman of the Fourth Standing Committee on Delegated Legislation in respect of the draft Diplomatic Privileges (British Nationals) Order 1999, in place of Mr Humfrey Malins. |
| 2 | Draft Development Commission (Transfer of Functions and Miscellaneous Provisions) Order 1999,—The Committee of Selection has nominated a further Member to serve on the Second Standing Committee on Delegated Legislation (nominated in respect of the draft Order), viz.: Lynne Jones. |
| 3 | Draft Diplomatic Privileges (British Nationals) Order 1999,—The Committee of Selection has discharged Ms Judith Church from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Mr Lawrence Cunliffe. |
European Standing Committees
| 4 | The Speaker has appointed Mr John Butterfill Chairman of European Standing Committee A in respect of the unnumbered Explanatory Memorandum submitted by MAFF on 20th November 1998, relating to Agenda 2000: Reform of the Common Agricultural Policy. |
APPENDIX III
Reports from Select Committees
| 1 | Culture, Media and Sport,—(1) Third Special Report from the Culture, Media and Sport Committee [BBC Response to the Eighth Report from the Committee, Session 1997–98, on Report and Accounts of the BBC for 1997–98]; to be printed [No. 245]; and |
(2) Minutes of Evidence taken before the Committee [Back to the Dome]; to be printed [No. 21-iv]
[Mr Gerald Kaufman].
| 2 | Education and Employment,—Minutes of Evidence taken before the Employment Sub-Committee of the Education and Employment Committee [The Performance and Future Role of the Employment Service]; to be printed [No. 197-iii] [Mr Derek Foster]. |
| 3 | Environmental Audit,—Third Report from the Environmental Audit Committee [The Comprehensive Spending Review and Public Service Agreements], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 92] [Mr John Horam]. |
| 4 | Health,—Third Report from the Health Committee [Future NHS Staffing Requirements], together with 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. 38] [Mr David Hinchliffe]. |
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