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Simon Hughes: One of the few certainties that we have is that the Lords expect to finish their Third Reading debate next Tuesday evening. Given that, can the Minister give us any indication as to what, if any, business will be taken here next Tuesday evening if this motion is passed? For example, will we debate a timetable motion then or will it be brought before the House on the Wednesday? After we know what the Lords have sent us on Tuesday evening, will there be an opportunity for all the parties concerned to be able to discuss the issue so that we can have some management of the remaining time if, unhappily, the House agrees to this motion?

Mr. Twigg: Certainly every attempt will be made to ensure that all parties are involved. I made it clear in my opening remarks yesterday that we would not move immediately to discuss the Lords messages on Tuesday night. We would have a printed version, and the right hon. Member for Suffolk, Coastal thanked me for that in his contribution. I can give the broad assurance that the hon. Member for Southwark, North and Bermondsey (Simon Hughes) seeks. There will be cross-party involvement in drawing up the programme motion and we will not move immediately to discussion on Tuesday night. We will move to the concrete discussion on Wednesday.

Mr. Hogg rose

Mr. Twigg: I do not intend to take any further interventions, because I shall speak for just another five

5 Dec 2001 : Column 382

minutes. I took many interventions yesterday and I have promised Members on both sides to respond to the points that have been made in the debate.

Several hon. Members have mentioned consultation, but I fear that Opposition Members protest rather too much on that point. Some said that they want to have the opportunity to consult outside organisations and, of course, that is extremely important. However, none of us can have failed to have noticed that there has been extensive debate, discussion and consultation since 11 September about the nature of the response. Yes, there is controversy and discussion, but no one can really say that we have not had full debate and an opportunity for outside organisations to influence the proceedings in this House and the other place.

Several hon. Members referred to secondary legislation, so let me make clear the basis for that. The special meeting of the Justice and Home Affairs Council on 20 September set 1 January 2002 as the deadline for implementing the 1995 and 1996 European Union extradition conventions. My right hon. Friend the Home Secretary is publicly committed to meeting that deadline and actual implementation will follow, as required in the conventions, 90 days later. However, the Home Secretary will want to meet the legislative deadline in the terrorism road map agreed by the Justice and Home Affairs Council.

Several hon. Members have asked that we make the regulations available publicly in draft. I am advised that they are being finalised and that they will be made available as soon as it is possible to do so, although that is unlikely to be much before they are laid before Parliament. Next week we will, however, be able to provide a summary of the main effects of the regulations on the Extradition Act 1989. In advance of that, the Government's proposals to implement the two conventions can be found in the consultation paper issued in March this year, "The Law on Extradition: A Review".

The motion on secondary legislation will be required precisely because the House cannot take a view on secondary legislation until the primary legislation is passed. The House, however, has procedures for considering secondary legislation. All measures under the Justice and Home Affairs Council will take place under the affirmative procedure and will therefore be subject to debate.

Finally, let me say a few words about the conduct of the debate last night and today. Last night, the Liberal Democrats took advantage of parliamentary procedure in an attempt to derail discussion of the Bill. The official Opposition co-operated with the Government to get a sensible solution, but some Conservative Back Benchers joined the Liberal Democrats in resorting to arcane parliamentary procedure to frustrate debate.

Ironically, the reasons that the Liberal Democrats have given to explain their actions do not stand up. A motion to sit in private does not prevent another motion for closure. Even if the Government were contemplating a tactic of closure, it would have been within the discretion of the Chair whether to allow a such a motion. Therefore, like many outside, I find the tactics of the Liberal Democrats baffling.

Mr. William Cash (Stone): On a point of order, Madam Deputy Speaker. I have listened to the Minister and he has referred to legislation on extradition. He knows

5 Dec 2001 : Column 383

perfectly well that the European Union arrest warrant, which was due to be considered and completed on 7 December, cannot be carried through in the way that the Government and the European Council originally intended, because the Government completely fouled up their own legislation two days ago. Furthermore, the measure is subject to a scrutiny reserve. Will the—

Madam Deputy Speaker (Sylvia Heal): Order. That is a point for debate, not a point of order for the Chair.

Mr. Twigg: I welcome the hon. Member for Stone (Mr. Cash) to the debate; it is certainly the first time that I have seen him. Clearly a mention of Europe aroused his instant interest as he sits in his previous position on the Back Benches rather than in his new position on the Front Bench.

We heard a number of interesting contributions that did not relate directly to the motion. The right hon. and learned Member for Sleaford and North Hykeham (Mr. Hogg) has become a belated convert to modernisation with his criticism of late-night sittings and late-night discussion of motions. I was struck by the fact that today he was able to say succinctly in 13 minutes what took him more than an hour to say last night. Similarly, of the Liberal Democrats, the hon. Member for North Cornwall (Mr. Tyler) managed to say in 12 minutes what it took the hon. Member for Southwark, North and Bermondsey 34 minutes to say last night. That demonstrates that we have had sufficient time to deal with the motion fully and properly.

I am pleased to commend the motion to the House. The provisions of the Anti-terrorism, Crime and Security Bill are a direct response to the changed security situation following the tragedy of 11 September. The powers in the Bill, such as those for the detention of suspect terrorist asylum seekers and for aviation security, are needed on the statute book as soon as possible. I believe that we have got the balance right, enabling debate, scrutiny and consideration in both Houses while seeking to secure the Bill according to the Government's timetable. On that basis, I commend the motion to the House.

Question put:—

The House divided: Ayes 288, Noes 152.

Division No. 103
[6.38 pm


Adams, Mrs Irene (Paisley N)
Ainger, Nick
Ainsworth, Bob (Cov'try NE)
Allen, Graham
Anderson, Rt Hon Donald
(Swansea E)
Armstrong, Rt Hon Ms Hilary
Atherton, Ms Candy
Atkins, Charlotte
Austin, John
Bailey, Adrian
Baird, Vera
Banks, Tony
Barnes, Harry
Baron Kevin
Battle, John
Bayley, Hugh
Beard, Nigel
Begg, Miss Anne
Beggs, Roy
Bell, Stuart
Bennett, Andrew
Benton, Joe
Berry, Roger
Best, Harold
Betts, Clive
Blackman, Liz
Blears, Ms Hazel
Blizzard, Bob
Blunkett, Rt Hon David
Borrow, David
Bradley, Peter (The Wrekin)
Bradshaw, Ben
Brennan, Kevin
Brown, Russell (Dumfries)
Browne, Desmond
Bryant, Chris
Burden, Richard
Burnham, Andy
Byers, Rt Hon Stephen
Campbell, Mrs Anne (C'bridge)
Campbell, Gregory (E Lond'y)
Casale, Roger
Cawsey, Ian
Challen, Colin
Chapman, Ben (Wirral S)
Chaytor, David
Clapham, Michael
Clark, Mrs Helen (Peterborough)
Clark, Dr Lynda
(Edinburgh Pentlands)
Clarke, Rt Hon Tom (Coatbridge)
Clarke, Tony (Northampton S)
Clelland, David
Clwyd, Ann
Coaker, Vernon
Coffey, Ms Ann
Colman, Tony
Connarty, Michael
Cook, Rt Hon Robin (Livingston)
Corston, Jean
Cranston, Ross
Crausby, David
Cruddas, Jon
Cryer, Mrs Ann (Keighley)
Cryer, John (Hornchurch)
Cummings, John
Cunningham, Rt Hon Dr Jack
Cunningham, Jim (Cov'try S)
Cunningham, Tony (Workington)
Darling, Rt Hon Alistair
Davey, Valerie (Bristol W)
David, Wayne
Davidson, Ian
Davies, Rt Hon Denzil (Llanelli)
Davies, Geraint (Croydon C)
Dawson, Hilton
Dean, Mrs Janet
Denham, Rt Hon John
Dhanda, Parmjit
Donaldson, Jeffrey M
Donohoe, Brian H
Doran, Frank
Dowd, Jim
Drew, David
Eagle, Maria (L'pool Garston)
Edwards, Huw
Efford, Clive
Ellman, Mrs Louise
Ennis, Jeff
Farrelly, Paul
Field, Rt Hon Frank (Birkenhead)
Fisher, Mark
Fitzpatrick, Jim
Fitzsimons, Mrs Lorna
Flint, Caroline
Foster, Michael (Worcester)
Foster, Michael Jabez (Hastings)
Foulkes, George
Francis, Dr Hywel
Gardiner, Barry
George, Rt Hon Bruce (Walsall S)
Gerrard, Neil
Gibson, Dr Ian
Gilroy, Linda
Goggins, Paul
Griffiths, Jane (Reading E)
Griffiths, Nigel (Edinburgh S)
Griffiths, Win (Bridgend)
Hain, Rt Hon Peter
Hall, Patrick (Bedford)
Hamilton, David (Midlothian)
Hamilton, Fabian (Leeds NE)
Hanson, David
Harris, Tom (Glasgow Cathcart)
Havard, Dai
Healey, John
Henderson, Doug (Newcastle N)
Henderson, Ivan (Harwich)
Hendrick, Mark
Hepburn, Stephen
Heppell, John
Hermon, Lady
Hesford, Stephen
Heyes, David
Hill, Keith
Hinchliffe, David
Hoey, Kate
Hope, Phil
Hopkins, Kelvin
Howarth, Rt Hon Alan (Newport E)
Howarth, George (Knowsley N)
Howells, Dr Kim
Hoyle, Lindsay
Hughes, Beverley (Stretford)
Hughes, Kevin (Doncaster N)
Humble, Mrs Joan
Hurst, Alan
Hutton, Rt Hon John
Iddon, Dr Brian
Illsley, Eric
Ingram, Rt Hon Adam
Jamieson, David
Jenkins, Brian
Jones, Helen (Warrington N)
Jones, Jon Owen (Cardiff C)
Jones, Kevan (N Durham)
Jones, Martyn (Clwyd S)
Joyce, Eric
Keeble, Ms Sally
Keen, Alan (Feltham & Heston)
Keen, Ann (Brentford & Isleworth)
Kemp, Fraser
Khabra, Piara S
Kidney, David
King, Andy (Rugby & Kenilworth)
Knight, Jim (S Dorset)
Kumar, Dr Ashok
Ladyman, Dr Stephen
Lammy, David
Lawrence, Mrs Jackie
Laxton, Bob
Lazarowicz, Mark
Leslie, Christopher
Levitt, Tom
Liddell, Rt Hon Mrs Helen
Linton, Martin
Lucas, Ian
Luke, Iain
Lyons, John
McAvoy, Thomas
McCabe, Stephen
McCartney, Rt Hon Ian
McDonagh, Siobhain
MacDonald, Calum
MacDougall, John
McFall, John
McGuire, Mrs Anne
McIsaac, Shona
McKechin, Ann
McKenna, Rosemary
McNulty, Tony
McWalter, Tony
McWilliam, John
Mahon, Mrs Alice
Mallaber, Judy
Mandelson, Rt Hon Peter
Mann, John
Marris, Rob
Marsden, Gordon (Blackpool S)
Martlew, Eric
Meacher, Rt Hon Michael
Merron, Gillian
Michael, Rt Hon Alun
Milburn, Rt Hon Alan
Miliband, David
Miller, Andrew
Moffatt, Laura
Mole, Chris
Moonie, Dr Lewis
Morgan, Julie
Morley, Elliot
Mountford, Kali
Mullin, Chris
Munn, Ms Meg
Murphy, Jim (Eastwood)
Murphy, Rt Hon Paul (Torfaen)
Naysmith, Dr Doug
O'Brien, Bill (Normanton)
O'Brien, Mike (N Warks)
Olner, Bill
Organ, Diana
Osborne, Sandra (Ayr)
Picking, Anne
Pickthall, Colin
Pike, Peter
Plaskitt, James
Pollard, Kerry
Pond, Chris
Pope, Greg
Pound, Stephen
Prentice, Gordon (Pendle)
Primarolo, Dawn
Purchase, Ken
Purnell, James
Quin, Rt Hon Joyce
Quinn, Lawrie
Rammell, Bill
Rapson, Syd
Reed, Andy (Loughborough)
Reid, Rt Hon Dr John (Hamilton N)
Robertson, John
(Glasgow Anniesland)
Robinson, Geoffrey (Cov'try NW)
Roche, Mrs Barbara
Ross, Ernie
Roy, Frank
Ruane, Chris
Russell, Ms Christine (Chester)
Salter, Martin
Savidge, Malcolm
Shaw, Jonathan
Sheerman, Barry
Sheridan, Jim
Shipley, Ms Debra
Skinner, Dennis
Smith, Jacqui (Redditch)
Smith, John (Glamorgan)
Smyth, Rev Martin (Belfast S)
Soley, Clive
Southworth, Helen
Spellar, Rt Hon John
Squire, Rachel
Starkey, Dr Phyllis
Steinberg, Gerry
Stevenson, George
Stewart, David (Inverness E)
Stinchcombe, Paul
Stoate, Dr Howard
Strang, Rt Hon Dr Gavin
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Gerry
Tami, Mark
Taylor, Rt Hon Ann (Dewsbury)
Taylor, David (NW Leics)
Thomas, Gareth R (Harrow W)
Timms, Stephen
Tipping, Paddy
Todd, Mark
Touhig, Don
Turner, Dennis (Wolverh'ton SE)
Turner, Neil (Wigan)
Twigg, Derek (Halton)
Twigg, Stephen (Enfield)
Tynan, Bill
Walley, Ms Joan
Ward, Ms Claire
Watson, Tom
Watts, David
White, Brian
Whitehead, Dr Alan
Wicks, Malcolm
Williams, Mrs Betty (Conwy)
Winnick, David
Winterton, Ms Rosie (Doncaster C)
Woolas, Phil
Worthington, Tony
Wright, David (Telford)
Wright, Tony (Cannock)
Wyatt, Derek

Tellers for the Ayes:

Angela Smith and
Mr. Ian Pearson.


Ainsworth, Peter (E Surrey)
Allan, Richard
Amess, David
Arbuthnot, Rt Hon James
Atkinson, Peter (Hexham)
Baker, Norman
Barker, Gregory
Baron, John
Barrett, John
Bellingham, Henry
Bercow, John
Blunt, Crispin
Boswell, Tim
Bottomley, Peter (Worthing W)
Bottomley, Rt Hon Virginia
Brady, Graham
Brake, Tom
Brazier, Julian
Breed, Colin
Brooke, Mrs Annette L
Burnett, John
Burstow, Paul
Burt, Alistair
Butterfill, John
Cable, Dr Vincent
Calton, Mrs Patsy
Cameron, David
Campbell, Rt Hon Menzies
(NE Fife)
Carmichael, Alistair
Cash, William
Chidgey, David
Chope, Christopher
Clarke, Rt Hon Kenneth
Collins, Tim
Conway, Derek
Cotter, Brian
Curry, Rt Hon David
Davey, Edward (Kingston)
Davis, Rt Hon David (Haltemprice)
Djanogly, Jonathan
Doughty, Sue
Evans, Nigel
Ewing, Annabelle
Field, Mark (Cities of London)
Flight, Howard
Flook, Adrian
Forth, Rt Hon Eric
Foster, Don (Bath)
Francois, Mark
Gale, Roger
George, Andrew (St Ives)
Gibb, Nick
Gidley, Sandra
Gray, James
Green, Matthew (Ludlow)
Greenway, John
Grieve, Dominic
Gummer, Rt Hon John
Hague, Rt Hon William
Harris, Dr Evan (Oxford W)
Harvey, Nick
Hayes, John
Heald, Oliver
Heath, David
Heathcoat–Amory, Rt Hon David
Hoban, Mark
Hogg, Rt Hon Douglas
Holmes, Paul
Howard, Rt Hon Michael
Howarth, Gerald (Aldershot)
Hughes, Simon (Southwark N)
Jack, Rt Hon Michael
Jackson, Robert (Wantage)
Jenkin, Bernard
Jones, Nigel (Cheltenham)
Kennedy, Rt Hon Charles
(Ross Skye & Inverness W)
Key, Robert
Kirkbride, Miss Julie
Kirkwood, Archy
Knight, Rt Hon Greg (E Yorkshire)
Laing, Mrs Eleanor
Lait, Mrs Jacqui
Lamb, Norman
Laws, David
Leigh, Edward
Letwin, Oliver
Lewis, Dr Julian (New Forest E)
Lilley, Rt Hon Peter
Llwyd, Elfyn
Luff, Peter
McIntosh, Miss Anne
MacKay, Rt Hon Andrew
Maclean, Rt Hon David
McLoughlin, Patrick
Mitchell, Andrew (Sutton Coldfield)
Moore, Michael
Murrison, Dr Andrew
Oaten, Mark
Öpik, Lembit
Osborne, George (Tatton)
Ottaway, Richard
Paice, James
Paterson, Owen
Price, Adam
Prisk, Mark
Pugh, Dr John
Reid, Alan (Argyll & Bute)
Rendel, David
Robathan, Andrew
Robertson, Angus (Moray)
Robertson, Laurence (Tewk'b'ry)
Roe, Mrs Marion
Ruffley, David
Russell, Bob (Colchester)
Sanders, Adrian
Sayeed, Jonathan
Selous, Andrew
Shephard, Rt Hon Mrs Gillian
Shepherd, Richard
Simmonds, Mark
Smith, Sir Robert (W Ab'd'ns)
Spicer, Sir Michael
Spring, Richard
Stanley, Rt Hon Sir John
Stunell, Andrew
Swayne, Desmond
Swire, Hugo
Syms, Robert
Taylor, Ian (Esher & Walton)
Taylor, John (Solihull)
Taylor, Matthew (Truro)
Taylor, Dr Richard (Wyre F)
Taylor, Sir Teddy
Thomas, Simon (Ceredigion)
Thurso, John
Tonge, Dr Jenny
Trend, Michael
Turner, Andrew (Isle of Wight)
Tyler, Paul
Viggers, Peter
Watkinson, Angela
Webb, Steve
Weir, Michael
Whittingdale, John
Wiggin, Bill
Williams, Hywel (Caernarfon)
Willis, Phil
Wilshire, David
Winterton, Mrs Ann (Congleton)
Winterton, Nicholas (Macclesfield)
Young, Rt Hon Sir George
Younger–Ross, Richard

Tellers for the Noes:

Mr. Stephen O'Brien and
Mr. Charles Hendry.

Question accordingly agreed to.

5 Dec 2001 : Column 386


5 Dec 2001 : Column 387

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