Session 2000-2001

Commons Journal 257

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Page 44            2000-2001      Volume 257      

[No. 13.]

Monday 8th January 2001.

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

PRAYERS.

1Homes Bill,—The Order of the day being read, for the Second Reading of the Homes 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, whilst supporting the principle that everyone should be able to enjoy decent housing, declines to give a Second Reading to the Homes Bill because it fails to tackle the problem of gazumping whilst increasing the cost for potential vendors and seeking to impose onerous penalties upon those entering freely into contractual relationships; because it does not do enough to tackle the fundamental causes of homelessness at a time when there are 3,000 more people homeless and in priority need since the last General Election, with the number of people in bed and breakfast accommodation having risen by over 75 per cent.; and because it does not include measures to address other pressing priorities in housing, not least the Government's promise to regulate houses in multiple occupation', instead thereof.—(Mr Nigel Waterson.)

And the Question being put, That the Amendment be made;

The House divided.

Tellers for the Ayes, Mr Peter Luff, Mr Geoffrey Clifton-Brown: 123.

Tellers for the Noes, Mr Mike Hall, Mr Kevin Hughes: 332.

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 Kevin Hughes, Mr Mike Hall: 325.

Tellers for the Noes, Mr Eric Forth, Mr David Wilshire: 6.

So the Question was agreed to.

The Bill was accordingly read a second time.

2Homes Bill (Programme),—A Motion was made, and the Question being proposed, That the following provisions shall apply to the Homes Bill:

Standing Committee

1. The Bill shall be committed to a Standing Committee.

2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 1st February 2001.

3. The Standing Committee shall have leave to sit twice on the first day on which it shall meet—(Mr Nick Raynsford);

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 [7th November].

The House divided.

Tellers for the Ayes, Mrs Anne McGuire, Mr Clive Betts: 278.

Tellers for the Noes, Mr Peter Luff, Mr Geoffrey Clifton-Brown: 125.

So the Question was agreed to.

Ordered, That the following provisions shall apply to the Homes Bill:

Standing Committee

1. The Bill shall be committed to a Standing Committee.

2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 1st February 2001.

3. The Standing Committee shall have leave to sit twice on the first day on which it shall meet.

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3Homes Bill [Money],—Her Majesty's Recommendation having been signified to the proposed Motion relating to Homes 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 Homes Bill, it is expedient to authorise—

(1) the payment out of money provided by Parliament of—

(a) sums required by the Secretary of State for making grants to any person in connection with the implementation of the provisions of the Act relating to the marketing of residential properties in England and Wales;

(b) any increase attributable to the Act in the sums payable out of money so provided under any other Act; and

(2) the payment of sums into the Consolidated Fund—(Mr Greg Pope);

The House divided.

Tellers for the Ayes, Mrs Anne McGuire, Mr Clive Betts: 287.

Tellers for the Noes, Mr Peter Luff, Mr Geoffrey Clifton-Brown: 106.

So the Question was agreed to.

Resolved, That, for the purposes of any Act resulting from the Homes Bill, it is expedient to authorise—

(1) the payment out of money provided by Parliament of—

(a) sums required by the Secretary of State for making grants to any person in connection with the implementation of the provisions of the Act relating to the marketing of residential properties in England and Wales;

(b) any increase attributable to the Act in the sums payable out of money so provided under any other Act; and

(2) the payment of sums into the Consolidated Fund.

4Electoral Commission,—A Motion was made, and the Question being proposed, That an Humble Address be presented to Her Majesty, praying that Her Majesty will appoint as Electoral Commissioners:

(1) Pamela Joan Gordon for the period of four years;

(2) Sir Neil William David McIntosh KBE for the period of four years;

(3) Johnathon Glyn Mathias for the period of five years;

(4) Sukhminder Karamjit Singh CBE for the period of five years;

(5) James Samuel Younger for the period of six years; and

(6) Graham John Zellick for the period of five years;

and that Her Majesty will appoint James Samuel Younger to be the chairman of the Electoral Commission for the period of six years—(Mr Mike O'Brien);

Tuesday 9th January 2001

Mr David Maclean moved, That the House sit in private.

The Deputy Speaker put the Question forthwith, pursuant to Standing Order No. 163 (Motions to sit in private).

The House divided.

Tellers for the Ayes, Mr Gerald Howarth, Mr Jonathan Sayeed: 0.

Tellers for the Noes, Mr Kevin Hughes, Mr Tom Levitt: 19.

And it appearing from the report of the Division that fewer than forty Members had taken part in the Division, the Deputy Speaker declared that the Question was not decided, and the business under consideration stood over until the next sitting of the House.

5Adjournment,—Resolved, That this House do now adjourn.—(Mr Kevin Hughes.)

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

[Adjourned at 1.37 a.m.

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APPENDIX I

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

Friday 22nd December 2000

1Competition Commission,—Reports by the Competition Commission on—

(1) Nutreco Holding NV and Hydro Seafood GSP Ltd: the proposed merger, and

(2) Scottish Milk: the supply of fresh processed milk to middle-ground retailers in Scotland

[Cms. 5004 and 5002] [Mr Secretary Byers].

Friday 29th December 2000

2France (No. 3, 2000),—Agreement, done at St. Helier on 4th July 2000, between the United Kingdom of Great Britain and Northern Ireland and the French Republic concerning the Establishment of a Maritime Boundary between France and Jersey, with an Explanatory Memorandum [Cm. 5024] [Mr Secretary Cook].

3France (No. 4, 2000),—Agreement, done at St. Helier on 4th July 2000, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic concerning Fishing in the Bay of Granville, with Exchanges of Notes and Declaration, with an Explanatory Memorandum [Cm. 5025] [Mr Secretary Cook].

Wednesday 3rd January 2001

4Competition Commission,—Report by the Competition Commission on Interbrew SA and Bass PLC: the acquisition by Interbrew SA of the brewing interests of Bass PLC [Cm. 5014] [Mr Secretary Byers].

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

Papers subject to Negative Resolution:

Friday 22nd December 2000

5Education,—(1) Education (Information about Individual Pupils) (England) Regulations 2000 (S.I., 2000, No. 3370), and

(2) Education (School Teacher Appraisal) (Amendment) (England) Regulations 2000 (S.I., 2000, No. 3369),

dated 21st December 2000 [Mr Secretary Blunkett].

6Government Resources and Accounts,—Whole of Government Accounts (Designation of Bodies) Order 2000 (S.I., 2000, No. 3357), dated 22nd December 2000 [Mr Andrew Smith].

7Magistrates' Courts Procedure,—Magistrates' Courts (Amendment) Rules 2000 (S.I., 2000, No. 3361), dated 20th December 2000 [Mr David Lock].

8Probation,—Local Probation Boards (Appointment) Regulations 2000 (S.I., 2000, No. 3342), dated 21st December 2000 [Mr Secretary Straw].

9Supreme Court of England and Wales,—Crown Court (Amendment) (No. 3) Rules 2000 (S.I., 2000, No. 3362), dated 20th December 2000 [Mr David Lock].

Thursday 28th December 2000

10Children and Young Persons,—Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) Regulations 2000 (S.I., 2000, No. 3374), dated 19th December 2000 [Mr David Lock].

Friday 29th December 2000

11Food,—(1) Fresh Meat (Beef Controls) (No. 2) (Amendment) (England) Regulations 2000 (S.I., 2000, No. 3378), and

(2) Specified Risk Material (Amendment) (England) (No. 2) Regulations 2000 (S.I., 2000, No. 3381),

dated 28th December 2000 [Mr Secretary Milburn].

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Tuesday 2nd January 2001

12Road Traffic,—Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (District of Dover) Order 2001 (S.I., 2001, No. 1), dated 2nd January 2001 [Mr Secretary Prescott].

Wednesday 3rd January 2001

13European Communities,—European Communities (Designation) (No. 5) Order 2000 (S.I., 2000, No. 3238), dated 13th December 2000 [Margaret Beckett].

14Transport,—London Transport Pension Arrangements Order 2000 (S.I., 2000, No. 3386), dated 22nd December 2000 [Mr Secretary Prescott].

Thursday 4th January 2001

15Fees and Charges,—European Economic Interest Grouping (Fees) (Amendment) Regulations 2000 (S.I., 2000, No. 3412), dated 22nd December 2000 [Mr Secretary Byers].

Friday 5th January 2001

16Climate Change Levy,—Climate Change Levy (Registration and Miscellaneous Provisions) Regulations 2001 (S.I., 2001, No. 7), dated 4th January 2001 [Mr Stephen Timms].

17Merchant Shipping,—Fishing Vessels (Code of Practice for the Safety of Small Fishing Vessels) Regulations 2001 (S.I., 2001, No. 9), dated 4th January 2001 [Mr Secretary Prescott].

18Young Offender Institutions,—Young Offender Institution Rules 2000 (S.I., 2000, No. 3371), dated 21st January 2000 [Mr Secretary Straw].

Other Papers:

Friday 29th December 2000

19Animals,—Specified Risk Material (Amendment) (England) (No. 3) Order 2000 (S.I., 2000, No. 3377), dated 29th December 2000 [Mr Nicholas Brown].

Wednesday 3rd January 2001

20United Nations,—United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Amendment) (No. 2) Order 2000 (S.I., 2000, No. 3243), dated 13th December 2000 [Mr Secretary Cook].

Thursday 4th January 2001

21Animals,—Pet Travel Scheme (Pilot Arrangements) (England) (Amendment) Order 2001 (S.I., 2001, No. 6), dated 2nd January 2001 [Mr Nicholas Brown].

Papers presented or laid upon the Table on Monday 8th January:

Papers subject to Negative Resolution:

22Constitutional Law,—Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2000 (S.I., 2000, No. 3250), dated 13th December 2000 [by Act] [Mr Secretary Reid].

23Customs and Excise,—Federal Republic of Yugoslavia (Supply, Sale and Export of Petroleum and Petroleum Products) (Revocation) Regulations 2001 (S.I., 2001, No. 17), dated 8th January 2001 [by Act] [Mr Secretary Byers].

24School Standards and Framework,—Draft Code of Practice on Local Education Authority School Relations [by Act] [Mr Secretary Blunkett].

Other Papers:

25Education and Employment,—Department for Education and Employment minute, dated 8th January 2000, concerning a contingent liability in respect of arrangements to provide indemnities to the Adult Learning Inspectorate for liabilities which may arise from leases on property in Coventry [by Command] [Mr Secretary Blunkett].

26National Audit,—Report by the Comptroller and Auditor General on Modernising Construction [by Act]; to be printed [No. 87] [Clerk of the House].

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APPENDIX II

Standing Committees

Hunting Bill (except Clauses Nos. 1 to 4 and any New Clauses),—The Speaker has allocated the Bill to Standing Committee B, and has appointed Mr Edward O'Hara and Mrs Marion Roe Chairmen of the Committee in respect of the Bill.


[No. 14.]

Tuesday 9th January 2001.

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

PRAYERS.

1Kent County Council Bill [Lords],—Ordered, That the promoters of the Kent County Council Bill [Lords] may, notwithstanding anything in the Standing Orders or practice of this House, proceed with the Bill in the present Session; and the Petition for the Bill shall be deemed to have been deposited and all Standing Orders applicable to it shall be deemed to have been complied with;

That, if the Bill is brought from the Lords in the present Session, a declaration signed by the agent shall be deposited in the Private Bill Office, stating that the Bill is the same in every respect as the Bill brought from the Lords in the last Session;

That the Clerk in the Private Bill Office shall lay upon the Table of the House a certificate, that such a declaration has been deposited;

That in the present Session the Bill shall be deemed to have passed through every stage through which it passed in the last Session, and shall be recorded in the Journal of the House as having passed those stages;

That no further fees shall be charged to such stages.—(The Chairman of Ways and Means.)

Message to the Lords to acquaint them therewith.

2Medway Council Bill [Lords],—Ordered, That the promoters of the Medway Council Bill [Lords] may, notwithstanding anything in the Standing Orders or practice of this House, proceed with the Bill in the present Session; and the Petition for the Bill shall be deemed to have been deposited and all Standing Orders applicable to it shall be deemed to have been complied with;

That, if the Bill is brought from the Lords in the present Session, a declaration signed by the agent shall be deposited in the Private Bill Office, stating that the Bill is the same in every respect as the Bill brought from the Lords in the last Session;

That the Clerk in the Private Bill Office shall lay upon the Table of the House a certificate, that such a declaration has been deposited;

That in the present Session the Bill shall be deemed to have passed through every stage through which it passed in the last Session, and shall be recorded in the Journal of the House as having passed those stages;

That no further fees shall be charged to such stages.—(The Chairman of Ways and Means.)

Message to the Lords to acquaint them therewith.

3New Member sworn,—Eric Joyce, Esquire, Member for Falkirk West, was sworn.

4Capital Allowances Bill,—Mr Chancellor of the Exchequer, supported by Mr Secretary Byers, Mr Andrew Smith, Dawn Primarolo, Mr Stephen Timms and Miss Melanie Johnson, presented a Bill to restate, with minor changes, certain enactments relating to capital allowances: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 10].

Ordered, That the Explanatory Notes relating to the Bill be printed [Bill 10–EN].

5Armed Forces Bill,—The Order of the day being read, for the Second Reading of the Armed Forces 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

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to the Armed Forces Bill, which neither consolidates the three existing Service Discipline Acts nor introduces a single tri-service Act; which fails to address the challenge to military combat effectiveness from the gathering tide of legislation following the incorporation of the European Convention on Human Rights into domestic law; which omits legal clarification of employment in the services of young people under the age of 18; which fails to provide a statutory basis for equality of access by servicemen and women to free and impartial tribunals and resources to achieve that; and which encourages a further creeping advance of litigation that will breed a cautious group of military leaders who may step back from courageous decisions for fear of being pursued through the courts', instead thereof.—(Mr Robert Key.)

And the Question being put, That the Amendment be made;

The House divided.

Tellers for the Ayes, Mr James Gray, Mr Keith Simpson: 133.

Tellers for the Noes, Mr Greg Pope, Mr Robert Ainsworth: 350.

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 Greg Pope, Mr Robert Ainsworth: 349.

Tellers for the Noes, Mr Christopher Chope, Mr David Wilshire: 8.

So the Question was agreed to.

The Bill was accordingly read a second time.

6Business 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 Motions in the name of Mr Keith Bradley and Margaret Beckett relating to Armed Forces Bill, Tax Simplification (Joint Committee), Tax Simplification and Children's Commissioner for Wales Bill may be proceeded with, though opposed, until any hour—(Mr Don Touhig);

The House divided.

Tellers for the Ayes, Mr Greg Pope, Mr Robert Ainsworth: 333.

Tellers for the Noes, Mr Keith Simpson, Mr Peter Atkinson: 130.

So the Question was agreed to.

7Armed Forces Bill (Programme),—A Motion was made, and the Question being proposed, That the following provisions shall apply to the Armed Forces Bill:

Select Committee

1. The Bill shall be committed to a Select Committee.

2. The Select Committee shall report the Bill to the House on or before Thursday 15th March—(Dr Lewis Moonie);

And it being three-quarters of an hour after the commencement of proceedings on the Motion, the Speaker put the Question, pursuant to Order [7th November].

The House divided.

Tellers for the Ayes, Jim Dowd, Mr David Jamieson: 320.

Tellers for the Noes, Mr Geoffrey Clifton-Brown, Mr James Gray: 130.

So the Question was agreed to.

Ordered, That the following provisions shall apply to the Armed Forces Bill:

Select Committee

1. The Bill shall be committed to a Select Committee.

2. The Select Committee shall report the Bill to the House on or before Thursday 15th March.

8Armed Forces Bill,—A Motion was made and the Question being proposed, That Rachel Squire, Mr John Spellar, Dr Lewis Moonie, Mr David Clelland, Mr Dave Watts, Ms Dari Taylor, Mr David Crausby, Mr Robert Key, Mr Quentin Davies, Mr John Randall and Mr Paul Keetch be members of the Select Committee on the Armed Forces Bill.

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That three be the quorum of the Committee.

That the Committee have power to send for persons, papers and records.

That the Committee have power to adjourn from place to place—(Mr John Spellar);

Wednesday 10th January 2001

An Amendment was proposed to the Question, in line 7, at the end, to add the words—

‘That the Committee have power to appoint specialist advisers, either to supply information which is not readily available or to elucidate matters of complexity relating to the provisions of the Armed Forces Bill'.—(Mr Bruce George.)

And the Question being proposed, That the Amendment be made;

Mr Keith Bradley 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 Mike Hall, Mrs Anne McGuire: 177.

Tellers for the Noes, Mr John Randall, Mr James Gray: 72.

So the Question was agreed to.

And the Question, That the Amendment be made, being accordingly put;

The House divided.

Tellers for the Ayes, Mrs Anne McGuire, Mr Mike Hall: 187.

Tellers for the Noes, Mr David Wilshire, Mr Christopher Chope: 9.

So the Question was agreed to.

And the Main Question, as amended, being put;

The House divided.

Tellers for the Ayes, Mrs Anne McGuire, Mr Mike Hall: 174.

Tellers for the Noes, Mr David Wilshire, Mr Eric Forth: 20.

So the Question was agreed to.

Ordered, That Rachel Squire, Mr John Spellar, Dr Lewis Moonie, Mr David Clelland, Mr Dave Watts, Ms Dari Taylor, Mr David Crausby, Mr Robert Key, Mr Quentin Davies, Mr John Randall and Mr Paul Keetch be members of the Select Committee on the Armed Forces Bill.

That three be the quorum of the Committee.

That the Committee have power to send for persons, papers and records.

That the Committee have power to adjourn from place to place.

That the Committee have power to appoint specialist advisers, either to supply information which is not readily available or to elucidate matters of complexity relating to the provisions of the Armed Forces Bill.

9Electoral Commission,—A Motion was made, and the Question being proposed, That an Humble Address be presented to Her Majesty, praying that Her Majesty will appoint as Electoral Commissioners:

(1) Pamela Joan Gordon for the period of four years;

(2) Sir Neil William David McIntosh KBE for the period of four years;

(3) Johnathon Glyn Mathias for the period of five years;

(4) Sukhminder Karamjit Singh CBE for the period of five years;

(5) James Samuel Younger for the period of six years; and

(6) Graham John Zellick for the period of five years;

and that Her Majesty will appoint James Samuel Younger to be the chairman of the Electoral Commission for the period of six years—(Mr Mike O'Brien);

And it being one and a half hours after the commencement of proceedings on the Motion, the Deputy Speaker put the Question, pursuant to Standing Order No. 16 (Proceedings under an Act or on European Community documents).

And the Deputy Speaker's opinion as to the decision of the Question being challenged, the division was deferred till the following sitting, pursuant to Order [7th November].

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10Adjournment,—Resolved, That this House do now adjourn.—(Mr Don Touhig.)

And accordingly the House, having continued to sit till nine minutes past Four o'clock on Wednesday morning, adjourned till this day.

[Adjourned at 4.09 a.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Negative Resolution:

1Education,—General Teaching Council for England (Registration of Teachers) (Amendment) Regulations 2001 (S.I., 2001, No. 23), dated 8th January 2001 [by Act] [Mr Secretary Blunkett].

2Social Security,—Tax Credits Schemes (Miscellaneous Amendments) Regulations 2001 (S.I., 2001, No. 19), dated 8th January 2001 [by Act] [Dawn Primarolo].

3Social Security (Northern Ireland),—Tax Credits Schemes (Miscellaneous Amendments) (Northern Ireland) Regulations 2001 (S.I., 2001, No. 20), dated 8th January 2001 [by Act] [Dawn Primarolo].

4Terms and Conditions of Employment,—Employment Rights (Increase of Limits) Order 2001 (S.I., 2001, No. 21), dated 8th January 2001 [by Act] [Mr Secretary Byers].

Other Papers:

5Education and Employment,—Department for Education and Employment minute, dated 9th January 2001, concerning a contingent liability in respect of individuals who were disadvantaged by serious flaws in the awarding of National Vocational Qualifications (NVQs) by Road Transport Industry Board Services Ltd, a training provider [by Command] [Mr Secretary Blunkett].

6National Audit,—Report by the Comptroller and Auditor General on the Sale of Part of the UK Gold Reserves [by Act]; to be printed [No. 86] [Clerk of the House].

7National Heritage,—(1) Accounts of the Board of Trustees of the Armouries for 1998–99, and

(2) Accounts of the Board of Trustees of the Armouries for 1999–2000,

with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 105 and 106] [Clerk of the House].

8Public Petitions,—Observations by the Secretary of State for Social Security on the Petition [13th December] from the trustees of the Zacchaeus 2000 Trust and others for the collection of information on minimum required incomes for the purposes of deciding levels of taxation and benefits and for other purposes [by Standing Order]; to be printed [Clerk of the House].

9School Standards and Framework,—Account of the Bedford Education Action Zone for 1999–2000, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 108] [Clerk of the House].

10Science and Technology,—Accounts of the Natural Environment Research Council for 1999–2000, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 107] [Clerk of the House].

11Sea Fisheries,—Report by the Minister of Agriculture, Fisheries and Food on the proceedings under section 6 of the Sea Fisheries (Shellfish) Act 1967, for 2000 [by Act] [Mr Nicholas Brown].

12Social Security Administration,—Account of Securities held for the National Insurance Fund as at 31st March 2000 [by Act] [Clerk of the House].

APPENDIX II

Reports from Select Committees

1Environment, Transport and Regional Affairs,—Minutes of Evidence taken before the Environment Sub-Committee of the Environment, Transport and Regional Affairs Committee [Cemeteries]; to be printed [No. 91-i] [Mr Andrew F. Bennett].

2International Development,—Part of the Minutes of Evidence taken before the International Development Committee [Corruption]; to be printed [No. 39-ii] [Mr Bowen Wells].

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3Trade and Industry,—First Report from the Trade and Industry Committee [The Work of the Committee in the 1997 Parliament], together with Annexes; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 109] [Mr Martin O'Neill].


[No. 14; WH, No. 5.]

Tuesday 9th January 2001.

The House sitting in Westminster Hall [pursuant to Order of 20th November 2000].

The sitting commenced at half-past Nine o'clock.

Adjournment,—Resolved, That the sitting be now adjourned.—(Mr Mike Hall.)

And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 1.52 p.m.


[No. 15.]

Wednesday 10th January 2001.

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

PRAYERS.

1First Standing Committee on Delegated Legislation,—Sir David Madel reported from the First Standing Committee on Delegated Legislation the draft Terrorism Act 2000 (Code of Practice on Audio Recording of Interviews) Order 2001.

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

2Capital Allowances Bill,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 60 (Tax simplification bills), That the Capital Allowances Bill be proceeded with as a tax simplification bill; but that the Bill shall not stand referred to a second reading committee—(Mr David Clelland):—It was agreed to.

3Health and Social Care Bill,—The Order of the day being read, for the Second Reading of the Health and Social Care 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 ‘That this House declines to give a Second Reading to the Health and Social Care Bill because, although it contains some welcome provisions including the modest changes relating to nursing care, it increases still further the powers of the Secretary of State, reinforces the central bureaucracy and entrenches the micro-management by Whitehall of the National Health Service which so demoralizes NHS staff, is likely to worsen problems of recruitment and retention of medical and nursing staff and, by abolishing Community Health Councils, removes the only effective and independent voice which local communities have in health care', instead thereof.—(Dr Liam Fox.)

And the Question being proposed, That the Amendment be made;

4Deferred Divisions,—The Deputy Speaker announced the results of the Division which had been deferred to this day, pursuant to the Order of the House [7th November]:

Electoral Commission,—That an Humble Address be presented to Her Majesty, praying that Her Majesty will appoint as Electoral Commissioners:

(1) Pamela Joan Gordon for the period of four years;

(2) Sir Neil William David McIntosh KBE for the period of four years;

(3) Johnathon Glyn Mathias for the period of five years;

(4) Sukhminder Karamjit Singh CBE for the period of five years;

(5) James Samuel Younger for the period of six years; and

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(6) Graham John Zellick for the period of five years;

and that Her Majesty will appoint James Samuel Younger to be the chairman of the Electoral Commission for the period of six years.

Ayes: 486.

Noes: 4.

So the Question was agreed to.

5Health and Social Care Bill,—The Question being again proposed, That the Amendment be made;

And the Question being put;

The House divided.

Tellers for the Ayes, Mr Peter Luff, Mr Stephen Day: 128.

Tellers for the Noes, Mr David Jamieson, Mr Clive Betts: 352.

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 Jamieson, Mr Clive Betts: 320.

Tellers for the Noes, Mr David Wilshire, Mr Christopher Chope: 44.

So the Question was agreed to.

The Bill was accordingly read a second time.

6Health and Social Care Bill (Programme),—A Motion was made, and the Question being proposed, That the following provisions shall apply to the Health and Social Care Bill:

Standing Committee

1. The Bill shall be committed to a Standing Committee.

2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 8th February 2001—(Mr John Denham);

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 [7th November].

The House divided.

Tellers for the Ayes, Mr Mike Hall, Mr Don Touhig: 324.

Tellers for the Noes, Mr Peter Luff, Mr Geoffrey Clifton-Brown: 118.

So the Question was agreed to.

Ordered, That the following provisions shall apply to the Health and Social Care Bill:

Standing Committee

1. The Bill shall be committed to a Standing Committee.

2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 8th February 2001.

7Health and Social Care Bill [Money],—Her Majesty's Recommendation having been signified to the proposed Motion relating to Health and Social Care 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 Health and Social Care Bill, it is expedient to authorise—

(1) the payment out of money provided by Parliament of—

(a) any expenditure incurred by the Secretary of State in consequence of the Act; and

(b) any increase attributable to the Act in the sums payable out of money so provided by virtue of any other Act; and

(2) the payment into the Consolidated Fund of sums received by the Secretary of State by virtue of the Act—(Mr Tony McNulty);

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The House divided.

Tellers for the Ayes, Mr Kevin Hughes, Mr Don Touhig: 293.

Tellers for the Noes, Mr Andrew Stunell, Mr Adrian Sanders: 43.

So the Question was agreed to.

Resolved, That, for the purposes of any Act resulting from the Health and Social Care Bill, it is expedient to authorise—

(1) the payment out of money provided by Parliament of—

(a) any expenditure incurred by the Secretary of State in consequence of the Act; and

(b) any increase attributable to the Act in the sums payable out of money so provided by virtue of any other Act; and

(2) the payment into the Consolidated Fund of sums received by the Secretary of State by virtue of the Act.

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

Thursday 11th January 2001

And the Question being put;

Resolved, That this House do now adjourn.

And accordingly the House, having continued to sit till fourteen minutes past Twelve o'clock on Thursday morning, adjourned till this day.

[Adjourned at 12.14 a.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Negative Resolution:

1Magistrates' Courts,—Greater London Magistrates' Courts Authority (Funding) Regulations 2001 (S.I., 2001, No. 47), dated 8th January 2001 [by Act] [Mr David Lock].

2Road Traffic,—Motor Vehicles (Approval) Regulations 2001 (S.I., 2001, No. 25), dated 9th January 2001 [by Act] [Mr Secretary Prescott].

3Social Security,—(1) Social Security (Claims and Payments) Amendment Regulations 2001 (S.I., 2001, No. 18), dated 8th January 2001 [by Act] [Mr Secretary Darling], and

(2) Social Security (Contributions) (Amendment) Regulations 2001 (S.I., 2001, No. 45), dated 9th January 2001 [by Act] [Dawn Primarolo].

4Social Security (Northern Ireland),—Social Security (Contributions) (Amendment) (Northern Ireland) Regulations 2001 (S.I., 2001, No. 46), dated 9th January 2001 [by Act] [Dawn Primarolo].

Other Papers:

5Marine and Aviation Insurance (War Risks),—Accounts of the Marine and Aviation Insurance (War Risks) Fund for 1999–2000, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 113] [Clerk of the House].

6Miscellaneous (No. 1, 2001),—Protocol, done at Montreal on 1st October 1998, relating to an Amendment to the Convention on International Civil Aviation, with an Explanatory Memorandum [by Command] [Cm. 5026] [Mr Secretary Cook].

7Miscellaneous (No. 2, 2001),—Protocol, done at Montreal on 1st October 1998, on the Authentic Six-Language Text of the Convention on International Civil Aviation (Chicago 1944), with an Explanatory Memorandum [by Command] [Cm. 5027] [Mr Secretary Cook].

8Social Security Administration,—(1) Report by the Social Security Advisory Committee and statement by the Secretary of State for Social Security on the Social Security (Claims and Payments) Amendment Regulations 2001 in accordance with Section 174 of the Social Security Administration Act 1992 [by Command] [Cm. 5022] [Mr Secretary Darling], and

(2) Account of the Social Fund for 1999–2000, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 112] [Clerk of the House].

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APPENDIX II

Standing Committees

1Vehicles (Crime) Bill,—The Speaker has appointed Mr Bowen Wells an additional Chairman of Standing Committee A in respect of the Vehicles (Crime) Bill.

2Hunting Bill (except Clauses Nos. 1 to 4 and any New Clauses):

(1) The Speaker has allocated the Bill to Standing Committee B, and has appointed Mr Edward O'Hara and Mrs Marion Roe Chairmen; and

(2) the Committee of Selection has nominated thirty-two Members to serve on the Committee, viz.: Norman Baker, Mr Tony Banks, Mr A. J. Beith, Mr John Bercow, Mr Ian Cawsey, Mr Michael Foster, Mr Edward Garnier, Dr Ian Gibson, Mrs Llin Golding, Mrs Eileen Gordon, Mr John Gummer, Mr Mike Hall, Mr Ivan Henderson, Jane Kennedy, Mrs Jackie Lawrence, Mr Edward Leigh, Mr David Lepper, Mr David Lidington, Mr John Maples, Mr Alun Michael, Mr Mike O'Brien, Mr Lembit Opik, Mrs Diana Organ, Mr Colin Pickthall, Bridget Prentice, Mr Gordon Prentice, Mr David Rendel, Ms Debra Shipley, Mr Alan Simpson, Mr Keith Simpson, Angela Smith and Mr Nicholas Soames.

3Homes Bill:

(1) The Speaker has allocated the Bill to Standing Committee D, and has appointed Mr Roger Gale and Mr George Stevenson Chairmen; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee, viz.: Mr Robert Ainsworth, Mr Tom Brake, Ms Karen Buck, Mr Geoffrey Clifton-Brown, Mr David Curry, Mr Don Foster, Mr Phil Hope, Dr Brian Iddon, Ms Oona King, Mr Tim Loughton, Mr Andrew Love, Mr Chris Mullin, Mr Nick Raynsford, Mr Gareth Thomas (Clwyd West), Mr Neil Turner and Mr Nigel Waterson.

4Homes Bill (Programming Sub-Committee),—The Speaker has appointed Mr Robert Ainsworth, Mr Geoffrey Clifton-Brown, Mr Don Foster, Mr Phil Hope, Dr Brian Iddon, Mr Nick Raynsford and Mr Nigel Waterson members of the Programming Sub-Committee of Standing Committee D in respect of the Bill.

5Draft Industrial Training Levy (Engineering Construction Board) Order 2001, and the draft Industrial Training Levy (Construction Board) Order 2001:

(1) The Speaker has allocated the draft Orders to the First Standing Committee on Delegated Legislation, and has appointed Mr John Maxton Chairman; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee, viz.: Mr Richard Allan, John Austin, Mr Clive Betts, Mr Graham Brady, Mr Ronnie Fearn, Mr Frank Field, Ms Harriet Harman, Mr David Lammy, Mr Tony McWalter, Dr Nick Palmer, Mr John Randall, Sir Michael Spicer, Sir John Stanley, Dr Alan Whitehead, Mr Malcolm Wicks and Derek Wyatt.

6Draft European Communities (Definition of Treaties) (The Convention on Mutual Assistance and Co-operation between Customs Administrations (Naples II)) Order 2001,—The Speaker has appointed Mr John Cummings Chairman of the Second Standing Committee on Delegated Legislation in respect of the draft Order.

7Companies (Fees) (Amendment) Regulations 2000 (S.I., 2000, No. 3325), and the Open-Ended Investment Companies (Investment Companies with Variable Capital) (Fees) (Amendment) Regulations 2000 (S.I., 2000, No. 3324):

(1) The Speaker has allocated the Regulations to the Second Standing Committee on Delegated Legislation; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee, viz.: Charlotte Atkins, Dr Vincent Cable, Julia Drown, Mr Nick Gibb, Mr Christopher Gill, Mr James Gray, Mr Win Griffiths, Mr Stephen Hesford, Dr Kim Howells, Mr Alan Hurst, Mr Nigel Jones, Sir Peter Lloyd, Mr Greg Pope, Mr Martin Salter, Mr Derek Twigg and Mrs Betty Williams.

8Draft Local Government Best Value (Exclusion of Non-commercial Considerations) Order 2000,—The Speaker has appointed Mr John Maxton Chairman of the Third Standing Committee on Delegated Legislation in respect of the draft Order.

9Draft Limited Liability Partnerships Regulations 2001:

(1) The Speaker has allocated the Regulations to the Third Standing Committee on Delegated Legislation; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee, viz.: Ms Diane Abbott, Mrs Helen Brinton, Mr John Burnett, Dr Vincent Cable, Mr Iain Coleman, Mr Mark Fisher, Mr Nick Gibb, Dr Norman A. Godman,

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Mr James Gray, Dr Kim Howells, Lynne Jones, Miss Julie Kirkbride, Mr Greg Pope, Mr David Tredinnick, Mr Derek Twigg and Mr Stephen Twigg.

10Draft Proscribed Organisations Appeal Commission (Procedure) Rules 2001, and the draft Legal Aid and Assistance (Scope) (Amendment) Regulations 2001:

(1) The Speaker has allocated the Regulations to the Fifth Standing Committee on Delegated Legislation, and has appointed Mr Andrew Welsh Chairman; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee, viz.: Mr Peter Atkinson, Mr John Burnett, Mr Dale Campbell-Savours, Mr Jamie Cann, Mr Christopher Chope, Dr David Clark, Mr Bill Etherington, Mr Michael Fallon, Dr Evan Harris, Mr Nick Hawkins, Jane Kennedy, Mr David Lock, Mrs Anne McGuire, Alice Mahon, Dan Norris and Bridget Prentice.

APPENDIX III

Reports from Select Committees

1Agriculture,—(1) Second Special Report from the Agriculture Committee [The Committee's Work, Session 1999–2000], together with Appendices; to be printed, with the Minutes of Proceedings relating to the Report [No. 117]; and

(2) Memoranda laid before the Committee [Flood and Coastal Defence: Follow-up; UK Pig Industry; Work of the Forestry Commission]

[Mr David Curry].

2Defence,—Minutes of Evidence taken before the Defence Committee [Six-Nation Framework Agreement on European Defence]; to be printed [No. 115-i] [Mr Bruce George].

3Environment, Transport and Regional Affairs,—(1) Third Report from the Environment, Transport and Regional Affairs Committee [Developments at National Air Traffic Services], 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. 121]; and

(2) Minutes of Evidence taken before the Transport Sub-Committee of the Committee [Transport-related Executive Agencies of the Department of the Environment, Transport and the Regions]; to be printed [No. 122-i]

[Mrs Gwyneth Dunwoody].

4Environmental Audit,—Minutes of Evidence taken before the Environmental Audit Committee [Pre-Budget Report 2000: Fuel duties]; to be printed [No. 71-ii] [Mr John Horam].

5European Scrutiny,—(1) Second Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings relating to the Report [No. 28-ii]; and

(2) Minutes of Evidence taken before the Committee [The 2000 Inter-Governmental Conference]; to be printed [No. 119]

[Mr Jim Marshall].

6Northern Ireland Affairs,—Minutes of Evidence taken before the Northern Ireland Affairs Committee [The Parades Commission]; to be printed [No. 120-i] [Mr Peter Brooke].

7Public Administration,—Minutes of Evidence taken before the Select Committee on Public Administration [Making Government Work]; to be printed [No. 94-ii] [Tony Wright].

8Science and Technology,—Second Report from the Science and Technology Committee [Corus plc—Research and Development]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 110] [Dr Michael Clark].

9Scottish Affairs,—Minutes of Evidence taken before the Scottish Affairs Committee [The Drinks Industry in Scotland]; to be printed [No. 114-i] [Mr David Marshall].

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[No. 15; WH, No. 6.]

Wednesday 10th January 2001.

The House sitting in Westminster Hall [pursuant to Order of 20th November 2000].

The sitting commenced at half-past Nine o'clock.

Adjournment,—A Motion was made, and the Question being proposed, That the sitting be now adjourned—(Mr Don Touhig);

And it being Two o'clock, the sitting was adjourned without Question put, till to-morrow.

[Adjourned at 2 p.m.


[No. 16.]

Thursday 11th January 2001.

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

PRAYERS.

1Adjournment (Cancer Research—A Fresh Look—Sixth Report from the Science and Technology Committee, Session 1999–2000),—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr Kevin Hughes);

And it being Four o'clock, and there being Private Business set down by the Chairman of Ways and Means under Standing Order No. 20 (Time for taking private business), further proceeding stood postponed.

2City of London (Ward Elections) Bill,—The House, according to Order, proceeded to consider the City of London (Ward Elections) Bill, as amended by the Chairman of Ways and Means.

A Clause (Statement of compatibility with the European Convention on Human Rights)—(Mr Andrew Mackinlay)—brought up and read the first time.

Question proposed, That the Clause be read a second time.

Mr Peter Brooke 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 Peter Bottomley, Mr David Amess: 99.

Tellers for the Noes, Mr Jeremy Corbyn, Mr Stephen Pound: 18.

Whereupon the Deputy Speaker declared that the Question was not decided in the Affirmative because it was not supported by the majority prescribed by Standing Order No. 37 (Majority for closure or for proposal of question).

Question again proposed, That the Clause be read a second time.

Mr Peter Bottomley and Mr Stephen Pound, Tellers in the Division, later came to the Table and stated that they had erroneously reported the number of the Ayes as 99, instead of 100, which was the correct number.

Whereupon the Deputy Speaker declared the numbers to the House as: Ayes 100, Noes, 18; and declared that the Question, That the Question be now put, was agreed to.

And the Question being accordingly put, That the Clause be read a second time;

The House divided.

Tellers for the Ayes, Mr John Cryer, Mr Jeremy Corbyn: 22.

Tellers for the Noes, Mr Peter Bottomley, Mr David Amess: 90.

So the Question was negatived.

And it being Seven o'clock, further consideration of the Bill stood adjourned.

Ordered, That the Bill be further considered on Thursday 18th January.

3Adjournment,—Resolved, That this House do now adjourn.—(Mr Don Touhig.)

And accordingly the House, having continued to sit till twenty-nine minutes past Seven o'clock, adjourned till Monday 15th January, pursuant to Order [13th December].

[Adjourned at 7.29 p.m.

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APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Negative Resolution:

1Immigration,—Immigration Appeals (Family Visitor) (Amendment) Regulations 2001 (S.I., 2001, No. 52), dated 10th January 2001 [by Act] [Mr Secretary Straw].

2Income Tax,—Income Tax (Electronic Communications) (Incentive Payments) Regulations 2001 (S.I., 2001, No. 56, dated 11th January 2001 [by Act] [Dawn Primarolo].

3Legal Services,—Council for Licensed Conveyancers (Disciplinary Powers) Order 2001 (S.I., 2001, No. 48), dated 10th January 2001 [by Act] [Mr David Lock].

4National Assistance Services,—National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2001 (S.I., 2001, No. 58), dated 10th January 2001 [by Act] [Mr Secretary Milburn].

5Road Traffic,—Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I., 2001, No. 53), dated 11th January 2001 [by Act] [Mr Secretary Prescott].

6Social Security,—Social Security Amendment (Capital Disregards) Regulations 2001 (S.I., 2001, No. 22), dated 6th January 2001 [by Act] [Mr Secretary Darling].

Other Papers:

7National Health Service,—Accounts of the Public Health Laboratory Service Board for 1999–2000, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 123] [Clerk of the House].

8National Health Service (Scotland),—Report and Accounts of the Scottish Hospital Trust for 1999–2000 [by Act] [Mr Secretary Reid].

APPENDIX II

Standing Committees

Draft Limited Liability Partnerships Regulations 2001,—The Committee of Selection has discharged Ms Diane Abbott, Mrs Helen Brinton, Mr John Burnett, Dr Vincent Cable, Mr Iain Coleman, Mr Mark Fisher, Mr Nick Gibb, Dr Norman A. Godman, Mr James Gray, Dr Kim Howells, Lynne Jones, Miss Julie Kirkbride, Mr Greg Pope, Mr David Tredinnick, Mr Derek Twigg and Mr Stephen Twigg from the Third Standing Committee on Delegated Legislation (nominated in respect of the Regulations.)

APPENDIX III

Reports from Select Committees

1Education and Employment,—Minutes of Evidence taken before the Education Sub-Committee of the Education and Employment Committee [Higher Education]; to be printed [No. 124-i] [Mr Barry Sheerman].

2Health,—Minutes of Evidence taken before the Health Committee [Public Health]; to be printed [No. 30-iii] [John Austin].

3Trade and Industry,—Minutes of Evidence taken before the Trade and Industry Committee [Vehicle Manufacturing in the UK]; to be printed [No. 128-i] [Mr Martin O'Neill].


[No. 16; WH, No. 7.]

Thursday 11th January 2001.

The House sitting in Westminster Hall [pursuant to Order of 20th November 2000].

The sitting commenced at half past Two o'clock.

Adjournment (Energy and other non-food crops),—Resolved, That the sitting be now adjourned.—(Ms Joyce Quin.)

And accordingly the sitting was adjourned till Tuesday 16th January.

[Adjourned at 5.17 p.m.



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