 House of Commons |
Session 1998-1999 |
| Commons Journal 255
Chronological Index
Page 269 1998-1999 Volume 255 [No. 71.] Monday 19th April 1999. The House met at half-past Two o'clock. PRAYERS.
Bill to be read the third time.
The House will recall that on 22nd March, following the conviction of the honourable Member for Newark in the Crown Court on a charge of making a false declaration as to election expenses, I stated that the seat had been vacated in accordance with law. The House will also be aware that the Court of Appeal has since quashed that conviction. The Court of Appeal, however, considered that it had no jurisdiction to go on to rule on whether or not the honourable Lady recovers her seat following the success of her appeal. This is an unprecedented situation. On the one hand, there are considerations of natural justice. The conviction has been quashed: should not the vacancy also be overturned? On the other hand, whatever the outcome of the appeal, it is the interpretation of the Representation of the People Act 1983 which is crucial. It is for the courts, not for the House, to interpret the law. I have therefore asked the Attorney General, on behalf of the House, to seek an authoritative declaration from the High Court on the true construction of the 1983 Act. The Court will be invited to make a declaration that, following the decision of the Court of Appeal to quash her conviction, Fiona Jones is entitled to resume her seat. I understand that the application is being made today. I hope very much that it may be disposed of as speedily as is consistent with fairness and with certainty. May I add in the interests of Members in all parts of the House that, once this matter has been resolved, I think it would be desirable for this part of our statute law to be reviewed, to see whether it cannot be expressed more clearly, so as to avoid this kind of situation in future.
Minutes of Proceedings of the Committee to lie upon the Table.
Mr Tam Dalyell rose in his place and claimed to move, That the Question be now put; And the Question being put, That the Question be now put; The House divided. Tellers for the Ayes, Mr Bill Michie, Mr John McDonnell: 11. Tellers for the Noes, Mr Mike Hall, Mr David Jamieson: 0. And it appearing on the report of the Division that fewer than forty Members had taken part in the Division, the Speaker declared that the Question was not decided in the Affirmative.
And the Motion having been made after Ten o'clock, and the Debate having continued for half an hour, the Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then twenty-two minutes to Eleven o'clock, till to-morrow. [Adjourned at 10.38 p.m. Page 270 Monday 19th April 1999 1998-1999 Volume 255 Back to top APPENDIX I Papers presented or laid upon the Table: Papers subject to Negative Resolution:
Other Papers:
APPENDIX II Standing Committees
[No. 72.] Tuesday 20th April 1999. The House met at half-past Two o'clock. PRAYERS.
Mr Secretary Cook, 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. And the Question being put:—It was agreed to. The Bill was accordingly read the third time, and passed.
And a Motion being made, and the Question being proposed, That the Bill be now read a second time; Page 271 Tuesday 20th April 1999 1998-1999 Volume 255 Back to top 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 Finance Bill because it imposes further hidden taxes on families, on homeowners, on motorists, on consumers and on business, adding extra costs to business at a time of economic uncertainty and rising unemployment and fails to reverse the damaging measures introduced by the last two Finance Acts which introduced similar damaging and hidden tax increases together with increases in the tax burden on companies and tax rises on savings and on pension funds', instead thereof.—(Mr David Heathcoat-Amory.) And the Question being put, That the Amendment be made; The House divided. Tellers for the Ayes, Mrs Eleanor Laing, Mr Stephen Day: 132. Tellers for the Noes, Mr David Clelland, Jim Dowd: 341. So the Question was negatived. And the Main Question being put forthwith, pursuant to Standing Order No. 62 (Amendment on second or third reading); The House divided. Tellers for the Ayes, Mr David Clelland, Jim Dowd: 304. Tellers for the Noes, Mr Stephen Day, Mrs Eleanor Laing: 164. So the Question was agreed to. The Bill was accordingly read a second time. A Motion was made, and the Question being proposed, pursuant to Standing Order No. 63 (Committal of bills), That— (1) Clauses Nos. 2, 28 and 99 be committed to a Committee of the whole House; (2) the remainder of the Bill be committed to a Standing Committee; (3) when the provisions of the Bill considered, respectively, by the Committee of the whole House and by the Standing Committee have been reported to the House, the Bill be proceeded with as if the Bill had been reported as a whole to the House from the Standing Committee—(Mrs Barbara Roche); 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. 63 (Committal of bills):—It was agreed to. Committee to-morrow.
Page 272 Tuesday 20th April 1999 1998-1999 Volume 255 Back to top
And accordingly the House, having continued to sit till one minute to Twelve o'clock, adjourned till to-morrow. [Adjourned at 11.59 p.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Negative Resolution:
(2) Environmentally Sensitive Areas (Wales) Designation Orders (Amendment) Order 1999 (S.I., 1999, No. 1175), dated 16th April 1999, and (3) Land in Care Scheme (Tir Gofal) (Wales) Regulations 1999 (S.I., 1999, No. 1176), dated 15th April 1999 [by Act] [Mr Secretary Michael]. Other Papers:
(i) Phoenix, and (ii) Royal Berkshire and Battle Hospitals [by Act] [Mr Secretary Dobson]. APPENDIX II Standing Committees
APPENDIX III Reports from Select Committees
(2) Memoranda laid before the Committee [Sea Fishing; Badgers and Bovine Tuberculosis] [Mr Peter Luff].
Page 273 Tuesday 20th April 1999 1998-1999 Volume 255 Back to top
(2) Memoranda laid before the Committee [Highly able children] [Mr Malcolm Wicks].
(2) Minutes of Evidence taken before the Committee [Women and Development]; to be printed [No. 160-vii] [Mr Bowen Wells].
(2) Minutes of Evidence taken before the Committee [The Work of the Department of Trade and Industry]; to be printed [No. 396] [Mr Martin O'Neill].
[No. 73.] Wednesday 21st April 1999. The House met at half-past Nine o'clock. PRAYERS.
And it being Two o'clock, the Motion for the adjournment of the House lapsed, without Question put, pursuant to the Standing Order.
Bill, as amended in the Standing Committee, to be considered to-morrow; and to be printed [Bill 87]. Minutes of Proceedings of the Committee to be printed [No. 398]. Page 274 Wednesday 21st April 1999 1998-1999 Volume 255 Back to top
That the Committee takes note of European Union Document No. 8582/97, including two draft Council Regulations, one amending Regulation (EEC) No. 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector, and the other on the application of Article 85(3) of the Treaty to certain categories of agreement and concerted practices in the sector of air transport between the Community and third countries; and endorses the Government's approach not to support the Commission proposal. Report, together with Resolution, to lie upon the Table.
Minutes of Proceedings of the Committee to lie upon the Table.
Minutes of Proceedings of the Committee to lie upon the Table.
Minutes of Proceedings of the Committee to lie upon the Table.
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):—It was agreed to. Ordered, That Dr George Turner, Mr Peter Atkinson, Mrs Helen Brinton, Mr Ben Chapman, Julia Drown, Mr Huw Edwards, Mr Andrew Miller, Mr Gordon Prentice, Mrs Gillian Shephard, Mr David Stewart, Mr Gareth Thomas (Clwyd West) and Mr Phil Willis do prepare and bring in the Bill.
Taxation of the Road Haulage Industry,—A Motion was made, and the Question being proposed, That this House condemns the Government's utter failure to acknowledge the crisis in the UK road haulage industry; notes that, despite promising not to raise taxes, Labour have done so in their first three Budgets, so that the Government is raising over £9 billion more from British road users than under the Conservative Government's plans and that the UK now has the highest fuel duties and vehicle excise duties in Europe, which now far exceed any environmental justification; further notes that they have created a crippling costs disadvantage for UK hauliers against their EU competitors, are forcing the closure or bankruptcy of many UK hauliers and inflating the costs of industries that are dependent upon road haulage; deplores the way in which the Government has sought to misuse figures produced by KPMG that are of no relevance to the situation that faces UK road hauliers and notes that independent analysis forecasts that 53,000 jobs will be lost from the UK road haulage industry over the next three years if government policies remain unchanged; commends the Conservatives' BRIT disc proposal as a first step towards reducing the competitive disadvantage faced by UK road hauliers; and urges the Government to end its complacency and refusal to listen to the road haulage industry and to acknowledge that fuel duties and vehicle excise duties are too high as a result of its policies—(Mr David Heathcoat-Amory); Page 275 Wednesday 21st April 1999 1998-1999 Volume 255 Back to top An Amendment was proposed to the Question, in line 2, to leave out from the word ‘House' to the end of the Question and add the words ‘believes that everyone, including hauliers, must play their part in reducing emissions of carbon dioxide from transport, and that the road fuel duty escalator first introduced by the last Government acts as an incentive to greater fuel efficiency; deplores the hypocrisy of the Conservative Party for doing one thing in Government and another in Opposition; calls on it to explain which areas of public spending it would cut in order to pay for the abandonment of the fuel escalator; welcomes this Government's commitment to promoting a more dynamic business sector, in particular the measures taken to help the road haulage industry, including cuts in the corporation tax rates, freezing the rates of vehicle excise duty for most lorries for two years running, doubling the maximum reduction in vehicle excise duty for cleaner lorries, and reducing duty rates on ultra-low sulphur diesel relative to ordinary diesel; notes that the UK haulage industry benefits from the total tax burden on business in the UK being lower than that of other major EU member states, and lower than the average for the EU and the OECD; believes that the environmental measures this Government has introduced will play an important part in encouraging use of more fuel-efficient vehicles, cleaner fuels and greener modes of transport; and welcomes the dialogue that is now taking place between the industry and the Government in the Road Haulage Forum', instead thereof.—(Mr Alan Milburn.) And the Question being put, That the original words stand part of the Question; The House divided. Tellers for the Ayes, Mrs Caroline Spelman, Mrs Eleanor Laing: 139. Tellers for the Noes, Mr Greg Pope, Mr David Jamieson: 341. So the Question was negatived. And the Question, That the proposed words be there added, being put forthwith, pursuant to Standing Order No. 31 (Questions on amendments); The House divided. Tellers for the Ayes, Mr Greg Pope, Mr David Jamieson: 304. Tellers for the Noes, Mrs Eleanor Laing, Mrs Caroline Spelman: 160. So the Question was agreed to. The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to. Resolved, That this House believes that everyone, including hauliers, must play their part in reducing emissions of carbon dioxide from transport, and that the road fuel duty escalator first introduced by the last Government acts as an incentive to greater fuel efficiency; deplores the hypocrisy of the Conservative Party for doing one thing in Government and another in Opposition; calls on it to explain which areas of public spending it would cut in order to pay for the abandonment of the fuel escalator; welcomes this Government's commitment to promoting a more dynamic business sector, in particular the measures taken to help the road haulage industry, including cuts in the corporation tax rates, freezing the rates of vehicle excise duty for most lorries for two years running, doubling the maximum reduction in vehicle excise duty for cleaner lorries, and reducing duty rates on ultra-low sulphur diesel relative to ordinary diesel; notes that the UK haulage industry benefits from the total tax burden on business in the UK being lower than that of other major EU member states, and lower than the average for the EU and the OECD; believes that the environmental measures this Government has introduced will play an important part in encouraging use of more fuel-efficient vehicles, cleaner fuels and greener modes of transport; and welcomes the dialogue that is now taking place between the industry and the Government in the Road Haulage Forum. The State of British Livestock Farming,—A Motion was made, and the Question being proposed, That this House notes with concern the collapse in farm incomes, especially in the livestock sector; expresses astonishment at Labour's claims to be the party of the countryside; condemns the Government's dismissive response to the deepening crisis in pig farming; deplores the lack of progress in restoring beef exports and ending the ban on beef on the bone; calls for the postponement of the imposition of further charges on slaughter houses; urges that Milk Marque be allowed to invest in processing capacity; recognises that British farmers work at a competitive disadvantage compared with those abroad because of excessive and unnecessary regulations; expresses dismay at the outcome of the European Agenda 2000 negotiations when a poor deal for British farmers, consumers and taxpayers was made worse by the Prime Minister; and calls for the reversal of all those government policies which are damaging the rural ecomomy, the agricultural industry and the British countryside—(Mr Tim Yeo); An Amendment was proposed to the Question, in line 2, to leave out from the word ‘House' to the end of the Question and add the words ‘recognises the difficulties faced by many in the livestock sector; welcomes the Government's strong commitment to the Page 276 Wednesday 21st April 1999 1998-1999 Volume 255 Back to top livestock sector in the United Kingdom; endorses the efforts the Government has made to secure the lifting of the ban on the worldwide export of British beef; approves of the steps which the Government has taken since May 1997 to support the beef and sheep industry via EU agri-monetary compensation; welcomes the initiatives the Government has taken to promote the pig industry; recognises the extra support to the livestock sector, particularly hill and upland producers, via substantially increased hill livestock compensatory allowances, announced in November 1998; and welcomes the recently-agreed reshaping of the Common Agricultural Policy as part of the Agenda 2000 negotiations, which seeks to provide the livestock sector with stability and a secure future', instead thereof.—(Mr Nicholas Brown.) And the Question being put, That the original words stand part of the Question; The House divided. Tellers for the Ayes, Mrs Caroline Spelman, Mr Stephen Day: 161. Tellers for the Noes, Mr Clive Betts, Mr Robert Ainsworth: 319. So the Question was negatived. And the Question, That the proposed words be there added, being put forthwith, pursuant to Standing Order No. 31 (Questions on amendments); The House divided. Tellers for the Ayes, Mr Robert Ainsworth, Mr Clive Betts: 316. Tellers for the Noes, Mrs Caroline Spelman, Mr Tim Collins: 160. So the Question was agreed to. The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to. Resolved, That this House recognises the difficulties faced by many in the livestock sector; welcomes the Government's strong commitment to the livestock sector in the United Kingdom; endorses the efforts the Government has made to secure the lifting of the ban on the worldwide export of British beef; approves of the steps which the Government has taken since May 1997 to support the beef and sheep industry via EU agri-monetary compensation; welcomes the initiatives the Government has taken to promote the pig industry; recognises the extra support to the livestock sector, particularly hill and upland producers, via substantially increased hill livestock compensatory allowances, announced in November 1998; and welcomes the recently-agreed reshaping of the Common Agricultural Policy as part of the Agenda 2000 negotiations, which seeks to provide the livestock sector with stability and a secure future.
(1) Altrincham and Sale West, (2) Southend West, and (3) Wycombe against hunting with dogs, were presented; and ordered to lie upon the Table and to be printed.
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. Page 277 Wednesday 21st April 1999 1998-1999 Volume 255 Back to top APPENDIX I Papers presented or laid upon the Table: Papers subject to Affirmative Resolution:
Papers subject to Negative Resolution:
Other Papers:
APPENDIX II Standing Committees
(1) The Speaker has allocated the Bill to Standing Committee E; and Page 278 Wednesday 21st April 1999 1998-1999 Volume 255 Back to top (2) the Committee of Selection has appointed twenty-three Members to serve on the Committee, viz.: Mr Tony Baldry, Mr John Burnett, Mr Solicitor General, Mr Keith Darvill, Mr Andrew Dismore, Mr Michael Foster (Hastings and Rye), Mr Edward Garnier, Mrs Linda Gilroy, Mr Dominic Grieve, Mr Nick Hawkins, Mr Keith Hill, Mr Geoffrey Hoon, Mr David Kidney, Mr Martin Linton, Mr David Lock, Mr Lembit Opik, Mr Laurence Robertson, Mr Paul Stinchcombe, Mr John M. Taylor, Mr Gareth Thomas (Clwyd West), Mr Mark Todd, Mr Keith Vaz and Dr Alan Whitehead.
(1) The Speaker has allocated the draft Regulations to the Eighth Standing Committee on Delegated Legislation; and (2) the Committee of Selection has appointed sixteen Members to serve on the Committee, viz.: Mr Dale Campbell-Savours, Mr Michael Clapham, Mr James Cran, Jim Dowd, Mrs Louise Ellman, Mr Mike Gapes, Mr Neil Gerrard, Mr Ivan Lewis, Mr John McDonnell, Mr Peter Mandelson, Mr Malcolm Moss, Mr Paul Murphy, Mr Lembit Opik, Mr William Ross, Mr Jonathan Sayeed and Mr Nicholas Soames.
(1) The Speaker has allocated the Regulations to the Ninth Standing Committee on Delegated Legislation; and (2) the Committee of Selection has appointed sixteen Members to serve on the Committee, viz.: Mr David Clelland, Mr Brian Cotter, Mr Jeff Ennis, Mrs Llin Golding, Mr Philip Hammond, Dr Evan Harris, Mrs Joan Humble, Tessa Jowell, Ms Tess Kingham, Dr Stephen Ladyman, Sir David Madel, Mr Robert Marshall-Andrews, Mr Laurence Robertson, Mr David Ruffley, Mr Mohammad Sarwar and Mr Marsha Singh.
(1) The Speaker has allocated the draft Code to the Tenth Standing Committee on Delegated Legislation; and (2) the Committee of Selection has appointed sixteen Members to serve on the Committee, viz.: Mr Don Foster, Mr Ivan Henderson, Mr David Jamieson, Ms Oona King, Mrs Eleanor Laing, Mr Tony McNulty, Mrs Theresa May, Estelle Morris, Dr Doug Naysmith, Mr Owen Paterson, Mr Andrew Reed, Mr Andrew Robathan, Mr Jonathan R. Shaw, Ms Claire Ward, Mr Phil Willis and Ms Rosie Winterton.
(1) The Speaker has allocated the draft Regulations to the Eleventh Standing Committee on Delegated Legislation; and (2) the Committee of Selection has appointed sixteen Members to serve on the Committee, viz.: Mr Graham Allen, Mr Nigel Beard, Mr Tom Brake, Mr Ian Bruce, Mr David Crausby, Mr Barry Gardiner, Glenda Jackson, Mr Bernard Jenkin, Mr Piara S. Khabra, Miss Julie Kirkbride, Jacqui Smith, Mr John Smith, Mr Andrew Stunell, Mr Desmond Swayne, Mr Derek Twigg and Mr Brian White.
(1) The Speaker has allocated the draft Order to the Twelfth Standing Committee on Delegated Legislation; and (2) the Committee of Selection has appointed sixteen Members to serve on the Committee, viz.: Charlotte Atkins, John Austin, Mr Clive Betts, Mr Colin Breed, Mr Richard Burden, Mr Terry Davis, Mr Hilton Dawson, Mr Andrew George, Mr Phil Hope, Mr Andrew Hunter, Mr Austin Mitchell, Mr James Paice, Mr Bill Rammell, Mr Jeff Rooker, Mrs Caroline Spelman and Mr Charles Wardle. APPENDIX III Reports from Select Committees
(2) Minutes of Evidence taken before the Committee [MoD Expenditure Plans and Investment Strategy 1999–2000 to 2001–2002]; to be printed [No. 241-ii] [Mr Bruce George]. Page 279 Wednesday 21st April 1999 1998-1999 Volume 255 Back to top
(2) Minutes of Evidence taken before the Committee on 20th April [Operation of the Fair Employment (Northern Ireland) Act 1989: Ten Years On]; to be printed [Nos. 95-vii and -viii] [Mr Peter Brooke].
[No. 74.] Thursday 22nd April 1999. The House met at half-past Eleven o'clock. PRAYERS.
The Lords have agreed to the Scottish Enterprise Bill, without Amendment. Criminal Cases Review (Insanity) Bill [Lords],—The Lords have passed a Bill to make provision enabling verdicts of guilty but insane to be referred to and reviewed by the Court of Appeal; to which the Lords desire the concurrence of this House. European Parliamentary Elections (Gibraltar) Bill [Lords],—The Lords have passed a Bill to provide for electors in Gibraltar to vote in elections to the European Paliament; to which the Lords desire the concurrence of this House.
Ordered, That the Explanatory Notes relating to the Criminal Cases Review (Insanity) Bill [Lords] be printed [Bill 88–EN].
Ordered, That the Bill be considered on Friday 7th May.
Bill to be read a second time on Friday 21st May.
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 Disability Rights Commission Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of any expenditure of the Secretary of State attributable to the Act—(Mr David Jamieson):—It was agreed to. Page 280 Thursday 22nd April 1999 1998-1999 Volume 255 Back to top
And accordingly the House, having continued to sit till eighteen minutes to Seven o'clock, adjourned till to-morrow. [Adjourned at 6.42 p.m. APPENDIX I Papers subject to Negative Resolution:
(2) Stock Transfer (Gilt-edged Securities) (Exempt Transfer) (Amendment) Regulations 1999 (S.I., 1999, No. 1210), dated 21st April 1999 [by Act] [Ms Patricia Hewitt]. Other Papers:
(1) the Minister of Agriculture, Fisheries and Food on the proceedings under sections 1 to 5 of the Sea Fisheries (Shellfish) Act 1967, for 1998 [by Act] [Mr Nicholas Brown]; Page 281 Thursday 22nd April 1999 1998-1999 Volume 255 Back to top (2) the Parliamentary Under Secretary of State responsible for Agriculture, Environment and Fisheries in Scotland on the proceedings under sections 1 to 5 of the Sea Fisheries (Shellfish) Act 1967, for 1998 [by Act] [Mr Secretary Dewar]; and (3) the Secretary of State for Wales on the proceedings under sections 1 to 5 of the Sea Fisheries (Shellfish) Act 1967, for 1998 [by Act] [Mr Secretary Michael].
(2) Minutes of Evidence taken before the Committee [Regulation of Private and other Independent Healthcare]; to be printed [No. 281-v] [Mr David Hinchliffe]. [No. 75.] Friday 23rd April 1999. The House met at half-past Nine o'clock. PRAYERS.
And a Motion being made, and the Question being proposed, That the Bill be now read a second time; And it being half-past Two o'clock, the Debate stood adjourned. Ordered, That the Debate be resumed on Friday 7th May.
Ordered, That the Bill be read a second time on Friday 30th April.
Ordered, That the Bill be read a second time on Friday 7th May. Page 282 Friday 23rd April 1999 1998-1999 Volume 255 Back to top
Ordered, That the Bill be read a second time on Friday 21st May.
Ordered, That the Bill be read a second time on Friday 14th May.
Ordered, That the Bill be read a second time on Friday 23rd July.
Ordered, That the Bill be read a second time on Friday 23rd July.
Ordered, That the Debate be resumed on Friday 30th April.
Ordered, That the Bill be read a second time on Friday 30th April.
And accordingly the House, having continued to sit till twelve minutes to Three o'clock, adjourned till Monday 26th April. [Adjourned at 2.48 p.m. APPENDIX Papers presented or laid upon the Table: Papers subject to Negative Resolution:
(2) Education (Inspectors of Schools in England) Order 1999 (S.I., 1999, No. 1122), dated 13th April 1999 [by Act] [Mr Secretary Blunkett]; and (3) Education (Inspectors of Schools in Wales) (No. 2) Order 1999 (S.I., 1999, No. 1129), dated 13th April 1999 [by Act] [Mr Secretary Michael].
Other Papers:
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