Session 2002-2003

Commons Journal 259

Chronological Index
Alphabetical Index - Part I
Alphabetical Index - Part II


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Page 384            2002-2003      Volume 259      

[No. 92.]

Monday 12th May 2003.

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

PRAYERS.

1Third Standing Committee on Delegated Legislation,—Derek Conway reported from the Third Standing Committee on Delegated Legislation the Housing (Right to Buy) (Limits on Discount) (Amendment) Order 2003 (S.I., 2003, No. 498).

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

2Finance Bill,—The Chairman of Ways and Means reported from the Programming Committee that it had come to a Resolution in respect of the Finance Bill (Clauses Nos. 1, 4, 5, 9, 14, 22, 42, 56, 57, 124, 130 to 135, 138, 139, 148 and 184 and Schedules Nos. 5, 6, 19, and 25, and any new Clauses and Schedules tabled by Friday 9th May 2003 relating to excise duty on spirits or R&D tax credits for oil exploration), which it had directed him to report to the House:

That, pursuant to the Programme Order of 6th May relating to the Finance Bill (proceedings in Committee), as amended by the Order of 8th May—

(1) proceedings in Committee of the whole House shall be taken on each of the two days allowed by the Order as shown in the second column of the following Table, and shall be taken in the order so shown;

(2) proceedings on the first day shall be brought to a conclusion six and a half hours after the commencement of proceedings on a Motion relating to this Resolution or, if earlier, at the conclusion of the proceedings set down for that day; and

(3) proceedings on the second day shall (so far as not previously concluded) be brought to a conclusion six and a half hours after the commencement of proceedings on the Bill.

DayProceedings
First dayClauses Nos. 1, 4, 5, 9, 14, 22, 42 and 56, Schedule No. 5, Clause No. 57, Schedule No. 6, Clause No. 124, Schedule No. 19
Second dayClauses Nos. 130 to 135, 138, 139 and 148, Schedule No. 25, Clause No. 184, new Clauses tabled by Friday 9th May 2003 relating to excise duty on spirits or R&D tax credits for oil exploration.

Report to lie upon the Table.

3Message from the Lords,—A Message was brought from the Lords, as follows:

Equality Bill [Lords],—The Lords have passed a Bill to make provision making it unlawful to discriminate on the grounds of age, gender reassignment, religion or belief or sexual orientation; to make new provision with respect to discrimination on the grounds of disability, race or sex; to make provision making it unlawful to harass or victimise another person on any of those grounds; to make provision facilitating progress towards the achievement of equality as between persons of certain descriptions; to establish and provide for the functions of the Equality Commission for Great Britain; and for connected purposes; to which the Lords desire the concurrence of this House.

4Equality Bill [Lords],—The Equality Bill [Lords] was read the first time; and ordered to be read a second time on Friday 16th May and to be printed [Bill 105].

5Human Fertilisation and Embryology Amendment Bill,—The Order for reading the Human Fertilisation and Embryology Amendment Bill a second time on Friday 16th May was read and discharged.

Bill withdrawn.

6Northern Ireland Assembly (Elections and Periods of Suspension) Bill (Allocation of Time),—A Motion was made, and the Question being put, That the following provisions shall apply to the proceedings on the Northern Ireland Assembly (Elections and Periods of Suspension) Bill—

Timetable

1. Proceedings on Second Reading, in Committee, on consideration and on Third Reading shall be completed at this day's sitting and shall be brought to a conclusion, if not previously concluded, at Ten o'clock.

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Timing of proceedings and Questions to be put

2. When the Bill has been read a second time—

(a) it shall, notwithstanding Standing Order No. 63 (Committal of bills), stand committed to a Committee of the whole House without any Question being put;

(b) proceedings on the Bill shall stand postponed while the Question is put, in accordance with paragraph (1) of Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), on any financial resolution relating to the Bill;

(c) on the conclusion of proceedings on any financial resolution relating to the Bill, proceedings on the Bill shall be resumed and the Speaker shall leave the Chair whether or not notice of an Instruction has been given.

3. On the conclusion of proceedings in Committee the Chairman shall report the Bill to the House without putting any Question and, if the Bill is reported with Amendments, the House shall proceed to consider the Bill as amended without any Question being put.

4. For the purpose of bringing any proceedings to a conclusion in accordance with paragraph 1 the Speaker or Chairman shall forthwith put the following Questions (but no others)—

(a) any Question already proposed from the Chair;

(b) any Question necessary to bring to a decision a Question so proposed;

(c) the Question on any Amendment moved or Motion made by a Minister of the Crown;

(d) any other Question necessary for the disposal of the business to be concluded.

5. On a Motion so made for a new Clause or a new Schedule, the Chairman or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.

Consideration of Lords Amendments

6.—(1) Any Lords Amendments to the Bill shall be considered forthwith without any Question being put.

(2) Proceedings on consideration of Lords Amendments shall be brought to a conclusion, if not previously concluded, one hour after their commencement.

7.—(1) This paragraph applies for the purpose of bringing any proceedings to a conclusion in accordance with paragraph 6.

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

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

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

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

(4) The Speaker shall then put forthwith—

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

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

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

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

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

Subsequent stages

8.—(1) Any further Message from the Lords on the Bill shall be considered forthwith without any Question being put.

(2) Proceedings on any further Message from the Lords shall, if not previously concluded, be brought to a conclusion one hour after their commencement.

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9.—(1) This paragraph applies for the purpose of bringing any proceedings to a conclusion in accordance with paragraph 8.

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

(3) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown which is related to the Question already proposed from the Chair.

(4) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown on or relevant to any of the remaining items in the Lords Message.

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

Reasons Committee

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

(2) A Committee appointed to draw up Reasons shall report before the conclusion of the sitting at which it is appointed.

(3) Proceedings in the Committee shall, if not previously brought to a conclusion, be brought to a conclusion 30 minutes after their commencement.

(4) For the purpose of bringing any proceedings to a conclusion in accordance with sub-paragraph (3) the Chairman shall—

(a) first put forthwith any Question which has been proposed from the Chair but not yet decided, and

(b) then put forthwith successively Questions on motions which may be made by a Minister of the Crown for assigning a Reason for disagreeing with the Lords in any of their Amendments.

(5) The proceedings of the Committee shall be reported without any further Question being put.

Miscellaneous

11. Paragraph (1) of Standing Order No. 15 (Exempted business) shall apply to any proceedings to which this Order applies.

12. The proceedings on any Motion made by a Minister of the Crown for varying or supplementing the provisions of this Order shall, if not previously concluded, be brought to a conclusion one hour after their commencement and paragraph (1) of Standing Order No. 15 shall apply to those proceedings.

13. Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings to which this Order applies.

14. No Motion shall be made to alter the order in which any proceedings on the Bill are taken or to re-commit the Bill.

15. No dilatory Motion shall be made in relation to proceedings to which this Order applies except by a Minister of the Crown; and the Question on any such Motion shall be put forthwith.

16.—(1) This paragraph applies if—

(a) a Motion for the Adjournment of the House under Standing Order No. 24 (Adjournment on specific and important matter that should have urgent consideration) has been stood over to Seven o'clock, Three o'clock or Four o'clock (as the case may be), but

(b) proceedings to which this Order applies have begun before then.

(2) Proceedings on that Motion shall stand postponed until the conclusion of those proceedings.

17. If the House is adjourned, or the sitting is suspended, before the conclusion of any proceedings to which this Order applies, no notice shall be required of a Motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of this Order.

18. Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House—(Mr Secretary Murphy);

The House divided.

Tellers for the Ayes, Mr Ivor Caplin, Gillian Merron: 274.

Tellers for the Noes, Hugh Robertson, Mr Mark Francois: 175.

So the Question was agreed to.

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7Northern Ireland Assembly (Elections and Periods of Suspension) Bill,—The Order of the day being read, for the Second Reading of the Northern Ireland Assembly (Elections and Periods of Suspension) Bill;

And a Motion being made, and the Question being proposed, That the Bill be now read a second time;

And it being Ten o'clock, the Deputy Speaker put the Question, pursuant to Order [this day].

The House divided.

Tellers for the Ayes, Joan Ryan, Mr Fraser Kemp: 290.

Tellers for the Noes, Mr Gregory Campbell, Mr Jeffrey M. Donaldson: 22.

So the Question was agreed to.

The Bill was accordingly read a second time.

Further proceedings on the Bill stood postponed, pursuant to Order [this day].

8Northern Ireland Assembly (Elections and Periods of Suspension) Bill [Money],—Her Majesty's Recommendation having been signified to the proposed Motion relating to Northern Ireland Assembly (Elections and Periods of Suspension) Bill [Money];

A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Northern Ireland Assembly (Elections and Periods of Suspension) Bill, it is expedient to authorise the payment out of money provided by Parliament of—

(a) any expenditure incurred by the Secretary of State under the Act,

(b) any increase attributable to the Act in the sums payable out of money so provided under any other enactment—(Mr Ivor Caplin):—It was agreed to.

9Northern Ireland Assembly (Elections and Periods of Suspension) Bill,—The House, pursuant to Order [this day], resolved itself into a Committee on the Northern Ireland Assembly (Elections and Periods of Suspension) Bill.

(In the Committee)

It being after Ten o'clock, the Chairman proceeded, pursuant to Order [this day], to put the Questions necessary to conclude proceedings in Committee.

Clause No. 1 (Election of next Assembly).

Question put, That the Clause stand part of the Bill.

The Committee divided.

Tellers for the Ayes, Joan Ryan, Mr Fraser Kemp: 289.

Tellers for the Noes, Mr Nigel Dodds, Mrs Iris Robinson: 21.

Clauses Nos. 2 and 3 agreed to.

Clause No. 4 (Remuneration of members of the Assembly).

Question put, That the Clause stand part of the Bill.

The Committee divided.

Tellers for the Ayes, Joan Ryan, Mr Fraser Kemp: 291.

Tellers for the Noes, David Burnside, Mr Andrew Hunter: 13.

Clause No. 5 agreed to.

Clause No. 6 (Modification of enactments).

Question put, That the Clause stand part of the Bill.

The Committee divided.

Tellers for the Ayes, Mr Fraser Kemp, Joan Ryan: 285.

Tellers for the Noes, Mr Gregory Campbell, Mrs Iris Robinson: 12.

Clause No. 7 agreed to.

Whereupon the Chairman left the Chair to report the Bill to the House.


The Deputy Speaker resumed the Chair; and Mr Ivor Caplin reported, That the Committee had gone through the Bill, without Amendment.

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The Deputy Speaker then put the remaining Question necessary to dispose of the business to be concluded at Ten o'clock.

And the Question being put, That the Bill be now read the third time;

The House divided.

Tellers for the Ayes, Mr Fraser Kemp, Joan Ryan: 256.

Tellers for the Noes, Mr Nigel Dodds, Mr Jeffrey M. Donaldson: 17.

So the Question was agreed to.

The Bill was accordingly read the third time, and passed.

10Value Added Tax,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Value Added Tax (Supply of Services) (Amendment) Order 2003 (S.I., 2003, No. 1055), dated 9th April 2003, a copy of which was laid before this House on 9th April, be approved—(Mr Ivor Caplin):—It was agreed to.

11Government Resources and Accounts,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003, which was laid before this House on 3rd April, be approved—(Mr Ivor Caplin):—It was agreed to.

12Government Resources and Accounts,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Government Resources and Accounts Act 2000 (Rights of Access of Comptroller and Auditor General) Order 2003, which was laid before this House on 3rd April, be approved—(Mr Ivor Caplin):—It was agreed to.

13Government Resources and Accounts,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003, which was laid before this House on 2nd April, be approved—(Mr Ivor Caplin):—It was agreed to.

14Local Government Finance,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Local Government Finance (England) Special Grant Report (No. 120) (House of Commons Paper No. 578) on Grants for local authorities classed as ‘excellent' under the comprehensive performance assessment framework, a copy of which was laid before this House on 3rd April, be approved—(Mr Ivor Caplin):—It was agreed to.

15Minutes of Evidence of Select Committees,—Ordered, That Standing Order No. 131 (Entry of questions asked) be amended by leaving out the words ‘, and at the beginning of each page of the minutes of evidence,'.—(Mr Ivor Caplin.)

16Business of the House,—Ordered, That, at the sitting on Thursday 15th May, notwithstanding paragraph (2)(c)(i) of Standing Order No. 14 (Arrangement of public business), the Motion in the name of the Leader of the Opposition may be proceeded with, though opposed, until Four o'clock or for three hours, whichever is the longer period, and shall then lapse if not previously disposed of and the Orders of the House of 28th June 2001 and 29th October 2002 relating to deferred Divisions shall not apply.—(Mr Ivor Caplin.)

17Adjournment,—Resolved, That this House do now adjourn.—(Mr Ivor Caplin.)

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

[Adjourned at 11.25 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers delivered to the Votes and Proceedings Office on Friday 9th May 2003 (Non-sitting Friday, S.O. No. 12) pursuant to Standing Order No. 158 (Presentation of command papers):

1European Communities (No. 3, 2003),—Euro-Mediterranean Agreement, done at Valencia on 27th April 2002, establishing an Association between the European Community and its Member States, of the one part, and the People's Democratic Republic of Algeria of the other part, with an Explanatory Memorandum [Cm. 5804] [Mr Secretary Straw].

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2Miscellaneous (No. 5, 2003),—Protocol, done at New York on 15th November 2000, to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, with Explanatory Memorandum [Cm. 5815] [Mr Secretary Straw].

3Treaty Series (No. 58, 2002),—Second Supplementary List of Ratifications, Accessions, Withdrawals, etc., for 2002 [Cm. 5814] [Mr Secretary Straw].

Papers delivered to the Votes and Proceedings Office on Friday 9th May 2003 (Non-sitting Friday, S.O. No. 12) pursuant to Standing Order No. 159 (Presentation of statutory instruments):

Papers subject to Negative Resolution:

4Criminal Law,—(1) Fixed Penalty (Amendment) Order 2003 (S.I., 2003, No. 1254), and

(2) Fixed Penalty Offences Order 2003 (S.I., 2003, No. 1253),

dated 8th May 2003 [Mr Secretary Blunkett].

5Education,—(1) Education (Additional Secondary School Proposals) Regulations 2003 (S.I., 2003, No. 1200), dated 1st May 2003,

(2) Education (Outturn Statements) (England) Regulations 2003 (S.I., 2003, No. 1153), dated 24th April 2003,

(3) Education (School Organisations Plans) (England) (Amendment) Regulations 2003 (S.I., 2003, No. 1201), dated 1st May 2003, and

(4) Education (School Organisations Proposals) (England) (Amendment) Regulations 2003 (S.I., 2003, No. 1229), dated 1st May 2003

[Mr Secretary Clarke].

6European Communities,—European Communities (Designation) (No. 2) Order 2003 (S.I., 2003, No. 1246), dated 8th May 2003 [Mr Secretary Straw].

7Immigration,—Immigration Employment Document (Fees) (Amendment) Regulations 2003 (S.I., 2003, No. 1277), dated 9th May 2003 [Mr Secretary Blunkett].

8Legal Services,—Conditional Fee Agreements (Miscellaneous Amendments) Regulations 2003 (S.I., 2003, No. 1240), dated 30th April 2003 [Ms Rosie Winterton].

9Local Government,—Police Authorities (Best Value) Performance Indicators (Amendment) Order 2003 (S.I., 2003, No. 1265), dated 8th May [Mr Secretary Blunkett].

10Road Traffic,—(1) Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Redcar and Cleveland) Order 2003 (S.I., 2003, No. 1261), and

(2) Road Traffic (Permitted Parking Area and Special Parking Area) (County of Buckinghamshire) (District of Aylesbury Vale) Order 2003 (S.I., 2003, No. 1262),

dated 8th May 2003 [Mr Secretary Darling].

11Supreme Court (Northern Ireland),—Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 2003 (S.R.(N.I.), 2003, No. 263), dated 8th May 2003 [Ms Rosie Winterton].

12Tribunals and Inquiries (Wales),—(1) Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003 (S.I., 2003, No. 1267),

(2) Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003 (S.I., 2003, No. 1270),

(3) Town and Country Planning (Enforcement) (Hearings Procedure) (Wales) Rules 2003 (S.I., 2003, No. 1268),

(4) Town and Country Planning (Enforcement) (Inquiries Procedure) (Wales) Rules 2003 (S.I., 2003, No. 1269),

(5) Town and Country Planning (Hearings Procedure) (Wales) Rules 2003 (S.I., 2003, No. 1271), and

(6) Town and Country Planning (Inquiries Procedure) (Wales) Rules 2003 (S.I., 2003, No. 1266),

dated 8th May 2003 [Ms Rosie Winterton].

Papers presented or laid upon the Table on Monday 12th May 2003:

Papers subject to Affirmative Resolution:

13Competition,—Draft Enterprise Act 2002 (Supply of Services) Order 2003 [by Act], with an Explanatory Memorandum thereon [by Command] [Ms Secretary Hewitt].

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14Consumer Protection,—Draft Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 [by Act], with an Explanatory Memorandum thereon [by Command] [Ms Secretary Hewitt].

15Justice,—Draft Lay Magistrates (Eligibility) (Northern Ireland) Order 2003 [by Act], with an Explanatory Memorandum thereon [by Command] [Ms Rosie Winterton].

Papers subject to Negative Resolution:

16Sports Grounds and Sporting Events,—Football Spectators (Seating) Order 2003 (S.I., 2003, No. 1280), dated 1st May 2003 [by Act] [Secretary Tessa Jowell].

Other Papers:

17Department for Transport,—Department for Transport Minute, dated 12th May 2003, concerning a proposed contingent liability for the Strategic Rail Authority: South Central Rail franchise [by Command] [Mr Secretary Darling].

18Financial Reporting to Parliament,—Departmental Reports 2003: The Government's Expenditure Plans for 2003–04 to 2005–06 for the Foreign and Commonwealth Office [by Command] [Cm. 5913] [Mr Secretary Straw].

19Osteopaths,—Report and Accounts of the General Osteopathic Council for 2001–02 [by Act] [Dr John Reid].

20Public Petitions,—Observations by the Secretary of State for the Home Department on the Petition [30th January] from Robert Wrigley and other residents of Sittingbourne, Kent, against using the Coniston Hotel as a centre for asylum seekers [by Standing Order]; to be printed [Clerk of the House].

21Transport,—Government Response to the First Report of the Transport Committee, on Urban Charging Schemes [by Command] [Cm. 5818] [Mr Secretary Darling].

Papers withdrawn:

22Competition,—Draft Enterprise Act 2002 (Supply of Services) Order 2003 [laid 29th April].

23Consumer Protection,—Draft Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 [laid 29th April].

APPENDIX II

Standing Committees

1Finance Bill (Programming Sub-Committee),—The Speaker has appointed Kali Mountford and Mr Mark Prisk in place of Ms Meg Munn and Mr Howard Flight as members of the Programming Sub-Committee of Standing Committee B in respect of the Bill.

2Local Government Finance (England) Special Grant Report (No. 118) on Special Grant for Local Authorities Rated Excellent and 3* Education Performers and the Local Government Finance (England) Special Grant Report (No. 119) on Special Grant for the Excellence in Cities and Excellence Cluster Programmes,—The Committee of Selection has discharged Mr Archie Norman from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the Reports); and nominated in substitution Mr Andrew Mitchell.

Programming Committees

3Finance Bill (Programming Committee),—The Speaker has appointed Kali Mountford and Mr Mark Prisk in place of Ms Meg Munn and Mr Howard Flight as members of the Programming Committee in respect of the Bill.

APPENDIX III

Reports from Select Committees

1Education and Skills,—(1) Fourth Report from the Education and Skills Committee [Secondary Education: diversity of provision], together with Appendices; to be printed, with the Minutes of Proceedings relating to the Report [No. 94]; and

(2) Memoranda laid before the Committee [Secondary Education: diversity of provision]

[Mr Barry Sheerman].

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2Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Vets and Veterinary Services Sub-Committee of the Environment, Food and Rural Affairs Committee [Vets and Veterinary Services]; to be printed [No. 703-i] [Mr Michael Jack].

3Public Accounts,—(1) Nineteenth Report from the Committee of Public Accounts [The PFI Contract for the redevelopment of West Middlesex University Hospital]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 155];

(2) Twentieth Report from the Committee [Better public services through call centres]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 373];

(3) Twenty-first Report from the Committee [The Operations of HM Customs and Excise in 2001–02]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 398];

(4) Twenty-second Report from the Committee [PFI Refinancing update]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 203]; and

(5) Minutes of Evidence taken before the Committee [A Safer Place to Work: Improving the management of health and safety risks to staff in NHS Trusts]; to be printed [No. 704-i]

[Mr Edward Leigh].

4Scottish Affairs,—Minutes of Evidence taken before the Scottish Affairs Committee [The Work of the Child Support Agency Centre in Scotland]; to be printed [No. 693-i] [Mrs Irene Adams].


[No. 93.]

Tuesday 13th May 2003.

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

PRAYERS.

1Mersey Tunnels Bill,—The Order of the day being read for consideration of the Mersey Tunnels Bill, as amended in Committee;

Ordered, That the Bill be considered on Tuesday 20th May.

2First Standing Committee on Delegated Legislation,—Mr George Stevenson reported from the First Standing Committee on Delegated Legislation the Local Government Finance (England) Special Grant Report (No. 121) on Invest to Save Budget Round 5 Projects, Local e-Government Programme and e-Voting.

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

3Food Colouring and Additives Bill,—The Order for reading the Food Colouring and Additives Bill a second time on Friday 16th May was read and discharged.

Bill to be read a second time on Friday 20th June.

4Street Furniture (Graffiti),—Ordered, That leave be given to bring in a Bill to make provision for local authorities to remove graffiti from street furniture owned by statutory undertakers; to enable local authorities to recover costs from the statutory undertakers; and for connected purposes: And that Siobhain McDonagh, Laura Moffatt, Barbara Follett, Mr Barry Gardiner, Jeff Ennis, Mr Bob Blizzard, Mr Tom Watson, Jonathan Shaw, John Mann, Geraint Davies, Mr Gareth Thomas (Harrow West) and Shona McIsaac do prepare and bring it in.

5Street Furniture (Graffiti) Bill,—Siobhain McDonagh accordingly presented a Bill to make provision for local authorities to remove graffiti from street furniture owned by statutory undertakers; to enable local authorities to recover costs from the statutory undertakers; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 11th July and to be printed [Bill 106].

6Finance Bill (Programme) (No. 3),—A Motion was made, and the Question being put, That in accordance with the Resolution of the Programming Committee of 12th May and pursuant to the Programme Order of 6th May relating to the Finance Bill (proceedings in Committee), as amended by the Order of 8th May—

(1) proceedings in Committee of the whole House shall be taken on each of the two days allowed by the Order as shown in the second column of the following Table, and shall be taken in the order so shown;

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(2) proceedings on the first day shall be brought to a conclusion six and a half hours after the commencement of proceedings on the motion for this Order or, if earlier, at the conclusion of the proceedings set down for that day; and

(3) proceedings on the second day shall (so far as not previously concluded) be brought to a conclusion six and a half hours after the commencement of proceedings on the Bill

DayProceedings
First dayClauses Nos. 1, 4, 5, 9, 14, 22, 42 and 56, Schedule No. 5, Clause No. 57, Schedule No. 6, Clause No. 124, Schedule No. 19
Second dayClauses Nos. 130 to 135, 138, 139 and 148, Schedule No. 25, Clause No. 184, new Clauses tabled by Friday 9th May 2003 relating to excise duty on spirits or R&D tax credits for oil exploration—(Dawn Primarolo);

The House divided.

Tellers for the Ayes, Gillian Merron, Mr Phil Woolas: 244.

Tellers for the Noes, Mr Robert Syms, Mr Mark Hoban: 137.

So the Question was agreed to.

7Finance Bill [1st allotted day],—The House, according to Order, resolved itself into a Committee on the Finance Bill (Clauses Nos.1, 4, 5, 9, 14, 22, 42, 56, 57, 124, 130 to 135, 138, 139, 148 and 184 and Schedules Nos. 5, 6, 19 and 25, and any new Clauses and Schedules tabled by Friday 9th May relating to excise duty on spirits or R&D tax credits for oil exploration).

(In the Committee)

Clause No. 1 (Rates of tobacco products duty).

Amendment (No. 1) proposed, in page 2, line 4, to leave out ‘£141.10' and insert ‘£137.26'.—(Mr Stephen O'Brien.)

Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.

Clause agreed to.

Clause No. 4 (Rates of hydrocarbon oil duties).

Amendment (No. 60) proposed, in page 3, line 20, to leave out ‘£0.2710' and insert ‘£0.1890'.—(Mr Michael Jack.)

Question put, That the Amendment be made.

The Committee divided.

Tellers for the Ayes, Mr Robert Syms, Hugh Robertson: 175.

Tellers for the Noes, Mr Nick Ainger, Derek Twigg: 289.

Clause agreed to.

Clause No. 5 (Rebates on hydrocarbon oil duties).

Amendment (No. 4) proposed, in page 3, line 27, to leave out ‘£0.0422' and insert ‘£0.0322'.—(Mr Stephen O'Brien.)

Question put, That the Amendment be made.

The Committee divided.

Tellers for the Ayes, Mr Robert Syms, Hugh Robertson: 174.

Tellers for the Noes, Mr Nick Ainger, Derek Twigg: 281.

Clause agreed to.

Clause No. 9 (Bingo duty).

Amendment (No. 6) proposed, in page 6, line 22, to leave out the words ‘15 per cent' and insert the words ‘4 per cent'.—(Mr Stephen O'Brien.)

Question put, That the Amendment be made.

The Committee divided.

Tellers for the Ayes, Mr Mark Hoban, Mrs Cheryl Gillan: 134.

Tellers for the Noes, Mr Jim Murphy, Mr Gerry Sutcliffe: 336.

Amendments (Nos. 70 and 71) made.

Clause, as amended, agreed to.

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Clause No. 14 agreed to.

Clause No. 22 (Non-business use of business property).

Question put, That the Clause stand part of the Bill.

The Committee divided.

Tellers for the Ayes, Dan Norris, Charlotte Atkins: 304.

Tellers for the Noes, Mr Mark Hoban, Mrs Cheryl Gillan: 168.

It being more than six and a half hours after the commencement of proceedings on the Motion relating to Finance Bill (Programme) (No. 3), the Chairman proceeded to put forthwith the remaining questions necessary to dispose of the business to be concluded at that hour, pursuant to Orders [28th June 2001, 29th October 2002 and this day].

Question put, That Clauses Nos. 42 and 56, Schedule No. 5 and Clause No. 57 stand part of the Bill.

The Committee divided.

Tellers for the Ayes, Dan Norris, Charlotte Atkins: 309.

Tellers for the Noes, Mrs Cheryl Gillan, Mr Mark Hoban: 163.

Schedule No. 6 (Stamp duty land tax: disadvantaged areas relief).

Amendment (No. 72) proposed, in page 165, line 11, to leave out the words ‘appointed day' and insert the words ‘implementation date'.—(Dawn Primarolo.)

Question put, That the Amendment be made.

The Committee divided.

Tellers for the Ayes, Dan Norris, Charlotte Atkins: 305.

Tellers for the Noes, Mr Laurence Robertson, Mr Robert Syms: 163.

Question put, That Schedule No. 6, as amended, Clause No. 124 and Schedule No. 19 stand part of the Bill.

The Committee divided.

Tellers for the Ayes, Dan Norris, Charlotte Atkins: 300.

Tellers for the Noes, Mr Laurence Robertson, Mr Robert Syms: 158.

The Chairman left the Chair to report progress and ask leave to sit again.


The Deputy Speaker resumed the Chair; and Mr Jim Murphy reported, That the Committee had made progress in the Bill, and moved, That the Committee may have leave to sit again.

Committee again to-morrow.

8Adjournment (Whitsun),—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 25 (Periodic adjournments), That this House, at its rising on Thursday 22nd May, do adjourn until Tuesday 3rd June—(Mr Jim Murphy):—It was agreed to.

9Adjournment,—Resolved, That this House do now adjourn.—(Mr Jim Murphy.)

And accordingly the House, having continued to sit till twenty-two minutes to Nine o'clock, adjourned till to-morrow.

[Adjourned at 8.38 p.m.


APPENDIX I

Papers subject to Negative Resolution:

1Financial Services and Markets,—Financial Services and Markets Act 2000 (Communications by Actuaries) Regulations 2003 (S.I., 2003, No. 1294), dated 12th May 2003 [by Act] [Ruth Kelly].

2Magistrates' Courts,—Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I., 2003, No. 1236), dated 6th May 2003 [by Act] [Yvette Cooper].

Other Papers:

3Development of Tourism,—(1) Statement of appointment and salary of Martin George as a member of the British Tourist Authority Board, and

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(2) Statement of appointment and salary of Suzanne Bond, Tim Cantle-Jones, John Govett and Brian Summers as members of the English Tourist Board

[by Act] [Secretary Tessa Jowell].

4Financial Reporting to Parliament,—Departmental Report 2003: The Government's Expenditure Plans for 2003–04 to 2005–06 for

(1) Department for International Development [by Command] [Cm. 5914] [Ms Sally Keeble], and

(2) National Savings and Investments [by Command] [Cm. 5930] [Mr Paul Boateng].

Papers withdrawn:

5Development of Tourism,—Statement of appointment and salary of Martin George as a member of the British Tourist Authority Board [laid 7th May].

APPENDIX II

Standing Committees

1Local Government Finance (England) Special Grant Report (No. 118) on Special Grant for Local Authorities Rated Excellent and 3* Education Performers and the Local Government Finance (England) Special Grant Report (No. 119) on Special Grant for the Excellence in Cities and Excellence Cluster Programmes,—The Committee of Selection has discharged Mr Greg Pope and Geraldine Smith from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the Reports); and nominated in substitution Mr George Howarth and Mr Dave Watts.

2Army, Air Force and Naval Discipline Acts (Continuation) Order 2003 and The Armed Forces (Review of Search and Seizure) Order 2003,—The Committee of Selection has discharged Mr Mike Hancock from the Sixth Standing Committee on Delegated Legislation (nominated in respect of the Order); and nominated in substitution Mr Paul Keetch.

APPENDIX III

Reports from Select Committees

1Culture, Media and Sport,—Minutes of Evidence taken before the Culture, Media and Sport Committee [British Film Industry]; to be printed [No. 667-iii] [Mr Gerald Kaufman].

2Defence,—Minutes of Evidence taken before the Defence Committee [Defence Procurement]; to be printed [No. 694-i] [Mr Bruce George].

3Draft Corruption Bill,—Minutes of Evidence taken before the Joint Committee on the Draft Corruption Bill; to be printed [No. 705-i] [Mr Richard Shepherd].

4Environmental Audit,—Minutes of Evidence taken before the Education for Sustainable Development Sub-Committee of the Environmental Audit Committee [Learning the Sustainability Lesson]; to be printed [No. 472-vi] [Mr John Horam].

5Health,—Minutes of Evidence taken before the Maternity Services Sub-Committee of the Health Committee [Inequalities in Access to Maternity Services]; to be printed [No. 696-i] [Julia Drown].

6Home Affairs,—Minutes of Evidence taken before the Home Affairs Committee [Asylum Applications]; to be printed [No. 692-ii] [Mr Chris Mullin].

7International Development,—(1) Minutes of Evidence taken before the International Development Committee on 7th May [Trade and Development: Aspects of the Doha Agenda]; to be printed [No. 400-x and -xi];

(2) Minutes of Evidence taken before the Committee on 8th May [Trade and Development: Aspects of the Doha Agenda]; to be printed [No. 400-xii, xiii and -xiv]; and

(3) Minutes of Evidence taken before the Committee [Trade and Development: Aspects of the Doha Agenda]; to be printed [No. 400-xv]

[Tony Baldry].

8Statutory Instruments,—Nineteenth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 96-xix] [Mr David Tredinnick].

9Treasury,—(1) Seventh Report from the Treasury Committee [The 2003 Budget], with the Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 652];

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(2) Fifth Special Report from the Committee [Government Response to the Fourth Report from the Committee, on The Handling of the Joint Inland Revenue/Customs and Excise STEPS PFI Project]; to be printed [No. 706]; and

(3) Appendices to the Minutes of Evidence taken before the Committee on 3rd July, 23rd October and 18th December 2002 [Regional Spending]; to be printed [No. 234-ii]

[Mr John McFall].


[No. 93; WH, No. 58.]

Tuesday 13th May 2003.

The House sitting in Westminster Hall

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 Nick Ainger);

And the sitting having continued for two and a half hours after Two o'clock, it was adjourned without Question put, till to-morrow.

[Adjourned at 4.51 p.m.


[No. 94.]

Wednesday 14th May 2003.

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

PRAYERS.

1Transas Group Bill,—The Order of the day being read for the Second Reading of the Transas Group Bill;

Ordered, That the Bill be read a second time on Wednesday 21st May.

2Dealing in Cultural Objects (Offences) Bill,—Mr Alan Hurst reported from Standing Committee F, That it had gone through the Dealing in Cultural Objects (Offences) Bill, and directed him to report the same, without Amendment.

Bill, not amended in the Standing Committee, to be considered on Friday 13th June.

Minutes of Proceedings of the Committee to be printed [No. 709].

3Fifth Standing Committee on Delegated Legislation,—Mr Roger Gale reported from the Fifth Standing Committee on Delegated Legislation the Local Government Finance (England) Special Grant Report (No. 118) on Special Grant for Local Authorities rated Excellent and 3* Education Performers and the Local Government Finance (England) Special Grant Report (No. 119) on Special Grant for the Excellence in Cities and Excellence Cluster Programmes.

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

4European Standing Committee B,—Mr Nigel Beard reported from European Standing Committee B the following Resolution:

That the Committee takes note of European Union Document No. 7280/03, draft Council Framework Decision on combating racism and xenophobia; agrees with the Government that it is appropriate to establish minimum standards in the criminal law to tackle racism and xenophobia at a European level, that this proposal strikes the right balance between protecting our communities from racial hatred and violence whilst respecting our right to freedom of expression, and supports the Government's efforts to secure agreement on this Framework Decision.

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

5European Standing Committee C,—Mr Peter Atkinson reported from European Standing Committee C the following Resolution:

That the Committee takes note of European Union Documents No. 13982/02 and Addenda 1 to 3, Commission Communication and Staff Working Papers on a better environment for enterprises in the European Union, and No. 5765/03, Commission Green Paper on Entrepreneurship in Europe; and supports the Government's approach to creating a favourable environment, particularly for small and medium-sized enterprises and, more specifically, its approach to the consultation on the Green Paper seeking to achieve a robust and effective action plan which will address the barriers which face enterprises in the European Union today.

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

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6Criminal Justice Bill,—The Chairman of Ways and Means reported from the Programming Committee, That it had come to a further Resolution in respect of the Criminal Justice Bill, which it had directed him to make to the House:

That the Order of the House of 2nd April 2003 (Proceedings on consideration and Third Reading of the Criminal Justice Bill) be amended by omitting the entries in the Table for the second and third day and inserting the following:

DayProceedingsTime for conclusion of proceedings
Second dayNew Clauses relating to Part 1, Clause No. 7, Clauses Nos. 9 and 10.One and a quarter hours after the commencement of proceedings on a motion relating to this Resolution.
New Clauses relating to Part 2, Clauses Nos. 11 to 17, New Clauses relating to Part 5, Clauses Nos. 27 to 34, New Clauses relating to Part 9, Clauses Nos. 50 to 62.Two hours after the commencement of those proceedings.
New Clauses relating to Part 7, Clauses Nos. 36 to 43.Four and a half hours after the commence- ment of those proceedings.
Clause No. 63, Schedule No. 4, Clauses Nos. 64 to 81, New Clauses relating to Part 10.Six and a half hours after the commencement of those proceedings.
Third dayNew Clauses Nos. 30 to 39 and 46 to 51.Two and a half hours after the commence- ment of proceedings on the Bill.
Remaining New Clauses relating to Part 12, Clauses Nos. 127 to 163, Schedule No. 7, Clause No. 164, Schedule No. 8, Clauses Nos. 165 to 171, Schedule No. 9, Clauses Nos. 172 to 176, Schedule No. 10, Clauses Nos. 177 to 201, Schedule No. 11, Clauses Nos. 202 to 206, Schedule No. 12, Clauses 207 to 211, Schedules Nos. 13 and 14, Clause No. 212, Schedule No. 15, Clause Nos. 213 to 221, Schedule No. 16, Clause Nos. 222 to 246, Schedule No. 17, Clause No. 247, Schedule No. 18, Clause No. 248, Schedules Nos. 19 and 20, Clause Nos. 249 to 251, Schedule No. 21, Clause No. 252, Schedule No. 22, Clause Nos. 253 and 254, Schedule No. 23, Clause Nos. 255 to 258, Schedule No. 24, Clause No. 259, New Clauses relating to Part 6, Clause No. 35, Schedule No. 3.Clause Nos. 260 to 265, Schedule No. 25, Clause Nos. 266 to 268, Schedule No. 26, Clause Nos. 269 to 273, Schedule No. 27, Clause No. 274, Schedule No. 28, Clause No. 275, Schedule No. 29, Clause Nos. 276 to 280.Four hours after the commencement of those proceedings.
Remaining New Clauses, New Schedules, any remaining proceedings on the Bill.Five and a half hours after the commencement of those proceedings.

Report to lie upon the Table.

7Telecommunications Masts (Railways),—Ordered, That leave be given to bring in a Bill to restrict the permitted development rights of railway or light railway undertakings in respect of telecommunications masts: And that Mrs Patsy Calton, Vera Baird, Norman Baker, Tom Brake, Annette Brooke, Sue Doughty, Mr Don Foster, Paul Holmes, Julie Morgan, Mr Andrew Stunell, Ann Winterton and Mr Crispin Blunt do prepare and bring it in.

8Telecommunications Masts (Railways) Bill,—Mrs Patsy Calton accordingly presented a Bill to restrict the permitted development rights of railway or light railway undertakings in respect of telecommunications masts: And the same was read the first time; and ordered to be read a second time on Friday 20th June and to be printed [Bill 107].

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9Finance Bill [2nd allotted day],—The House, according to Order, again resolved itself into a Committee on the Finance Bill (Clauses Nos.1, 4, 5, 9, 14, 22, 42, 56, 57, 124, 130 to 135, 138, 139, 148 and 184 and Schedules Nos. 5, 6, 19 and 25, and any new Clauses and Schedules tabled by Friday 9th May relating to excise duty on spirits or R&D tax credits for oil exploration).

(In the Committee)

Clauses Nos. 130 to 134 agreed to.

Clause No. 135 (Provision of services through intermediary).

Amendment (No. 8) proposed, in page 80, line 30, to leave out the words ‘10th April' and insert the words ‘1st October'.—(Mr Stephen O'Brien.)

Question put, That the Amendment be made.

The Committee divided.

Tellers for the Ayes, Mr Mark Francois, Mr David Wilshire: 172.

Tellers for the Noes, Mr Ivor Caplin, Mr Jim Murphy: 283.

Clause agreed to.

Clause No. 138 (Approved share plans and schemes).

Question put, That the Clause stand part of the Bill.

The Committee divided.

Tellers for the Ayes, Mr Ivor Caplin, Mr Jim Murphy: 291.

Tellers for the Noes, Mr Robert Syms, Mr Mark Francois: 135.

Clause No. 139 (Employee securities and options).

Amendment (No. 12) proposed, in page 81, line 38, at the end, to add the words ‘from a date to be appointed by resolution of the House of Commons, such resolution not to be passed until after the Chancellor of the Exchequer shall have reported to Parliament on consultation with employers and employee representatives as to the likely effect of the provisions contained within the Schedule'.—(Mr Howard Flight.)

Question put, That the Amendment be made.

The Committee divided.

Tellers for the Ayes, Mr David Wilshire, Mr Mark Francois: 172.

Tellers for the Noes, Dan Norris, Mr Jim Murphy: 289.

Clause agreed to.

Clause No. 148 (Non-resident companies: basis of charge to corporation tax).

Amendment (No. 66) proposed, in page 87, to leave out lines 20 to 27.—(Mr Howard Flight.)

Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.

Clause agreed to.

Schedule No. 25 agreed to.

Clause No. 184 agreed to.

A Clause (Rate of duty on spirits)—(Angus Robertson)—brought up, and read the first time.

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

The Committee divided.

Tellers for the Ayes, Pete Wishart, Mr Alistair Carmichael: 174.

Tellers for the Noes, Joan Ryan, Mr Gerry Sutcliffe: 292.

It being more than six and a half hours after the commencement of proceedings on the Bill, the Chairman left the Chair to report the Bill, as amended, to the House.


The Deputy Speaker resumed the Chair; and Mr Jim Murphy reported, That the Committee had gone through the Bill (Clauses Nos. 1, 4, 5, 9, 14, 22, 42, 56, 57, 124, 130 to 135, 138, 139, 148 and 184 and Schedules Nos. 5, 6, 19 and 25, and any new Clauses and Schedules tabled by Friday 9th May relating to excise duty on spirits or R&D tax credits for oil exploration), and made Amendments thereunto.

Ordered, That the Bill (Clauses Nos. 1, 4, 5, 9, 14, 22, 42, 56, 57, 124, 130 to 135, 138, 139, 148 and 184 and Schedules Nos. 5, 6, 19 and 25), as amended in the Committee, do lie upon the Table.

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10Message from the Lords,—A Message was brought from the Lords, as follows:

The Lords have agreed to the Northern Ireland Assembly (Elections and Periods of Suspension) Bill, with Amendments; to which they desire the concurrence of this House.

11Northern Ireland Assembly (Elections and Periods of Suspension) Bill,—Ordered, That the Lords Amendments to the Northern Ireland Assembly (Elections and Periods of Suspension) Bill be printed [Bill 108].

12Northern Ireland Assembly (Elections and Periods of Suspension) Bill,—The House, pursuant to Order [12th May], proceeded forthwith to consider the Lords Amendments to the Northern Ireland Assembly (Elections and Periods of Suspension) Bill.

Lords Amendment No. 1 was agreed to.

Lords Amendment No. 2.

A Motion was made, and the Question being proposed, That this House agrees with the Lords in their Amendment—(Mr Desmond Browne);

And it being one hour after the commencement of proceedings on the Lords Amendments, the Deputy Speaker, pursuant to Order [12th May], put the Question:—It was agreed to.

13Public Petitions,—Public Petitions from—

(1) citizens of the United Kingdom for improvements in diagnosis of autism and in services available to people with autism;

(2) electors within the Parliamentary constituency of North West Leicestershire against the unrestricted opening of pharmacies able to dispense NHS prescriptions

were presented and read; and ordered to lie upon the Table and to be printed.

14Adjournment,—Resolved, That this House do now adjourn.—(Dan Norris.)

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

[Adjourned at 8.49 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1Race Relations,—Draft Race Relations Act 1976 (Seamen Recruited Abroad) Order 2003 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

2Social Security,—Draft State Pension Credit (Decisions and Appeals—Amendments) Regulations 2003 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Smith].

Papers subject to Negative Resolution:

3United Nations,—Terrorism (United Nations Measures) Order 2001 (Amendment) Regulations 2003 (S.I., 2003, No. 1297), dated 14th May 2003 [by Act] [Ruth Kelly].

Other Papers:

4European Communities (No. 4, 2003),—Euro-Mediterranean Agreement, done at Luxembourg on 17th June 2002, establishing an Association between the European Community and its Member States of the one part, and the Republic of Lebanon, of the other part, with an Explanatory Memorandum [by Command] [Cm. 5812] [Mr Secretary Straw].

5Financial Reporting to Parliament,—Departmental Reports 2003: The Government's Expenditure Plans for 2003–04 to 2005–06 for:—

(1) Department for Education and Skills, and

(2) Office for Standards in Education (OFSTED)

[by Command] [Cms. 5902 and 5903] [Mr Secretary Clarke]; and

(3) Department for Environment, Food and Rural Affairs [by Command] [Cm. 5919] [Secretary Margaret Beckett].

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6Northern Ireland,—Accounts for—

(1) Charities and Donations and Bequests,

(2) Mineral Development, and

(3) Petroleum Production

for 2001–02, with the Reports of the Comptroller and Auditor General for Northern Ireland thereon [by Act]; to be printed [Nos. 647, 645 and 646] [Mr Secretary Murphy].

7Public Petitions,—(1) Observations by the Secretary of State for Foreign and Commonwealth Affairs on the Petition [8th April] from residents of Chesham and Amersham for stronger controls on transfers of arms between countries; and

(2) Observations by the Secretary of State for Transport on the Petition [10th April] from residents of Golborne, Lowton, Ashton and the surrounding districts for a new railway station in Golborne

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

8Telecommunications,—Report of the Director General of Telecommunications for 2002 [by Act]; to be printed [No. 659] [Ms Secretary Hewitt].

APPENDIX II

Standing Committees

1Finance Bill:

(1) The Speaker has appointed Mr Roger Gale an additional Chairman of Standing Committee B in respect of the Bill; and

(2) The Committee of Selection has discharged Kevin Brennan from Standing Committee B (nominated in respect of the Bill); and nominated in substitution Jon Trickett.

2Retirement Income Reform Bill:

(1) The Speaker has allocated the Bill to Standing Committee C; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Richard Allan, Dr Vincent Cable, Jeremy Corbyn, Mr Jim Cousins, Mr Frank Field, Mr Howard Flight, Mr Edward Garnier, Kate Hoey, Alan Howarth, Lynne Jones, Ruth Kelly, Mr Chris Pond, Mr David Ruffley, David Taylor, Mr David Wilshire and Derek Wyatt.

3Equine Welfare (Ragwort Control) Bill,—The Speaker has appointed Mr Eric Illsley Chairman of Standing Committee F in respect of the Bill.

4Draft Broadcasting (Independent Productions) (Amendment) Order 2003:

(1) The Speaker has allocated the draft Order to the First Standing Committee on Delegated Legislation; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Tony Banks, Mr Jim Cousins, Clive Efford, Michael Fabricant, Mr Adrian Flook, Mr Mark Francois, Mr John Greenway, Nick Harvey, Mr Mark Hoban, Dr Kim Howells, Mr Fraser Kemp, Martin Linton, Chris McCafferty, Mr Kevin McNamara, Mr Adrian Sanders and Mr Gerry Steinberg.

5Draft European Communities (Definition of Treaties) (Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States and the Arab Republic of Egypt) Order 2003 and the draft European Communities (Definition of Treaties) (Agreement establishing an Association between the European Communities and its Member States and the Republic of Chile) Order 2003:

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

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Virginia Bottomley, Mr Colin Breed, Mr Ivor Caplin, Mr David Drew, Mr Huw Edwards, Paul Flynn, Mrs Cheryl Gillan, Helen Jones, Ann Keen, Mr Calum MacDonald, Rosemary McKenna, Mr Paul Marsden, Mr Denis Murphy, Mr Richard Page, Mr Richard Spring and Dr Phyllis Starkey.

6Draft Contracting Out (Administration of the Teachers' Pensions Scheme) Order 2003:

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

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: John Austin, Mr Harold Best, Mr Graham Brady, Mr Ian Cawsey, Mr Edward Garnier, David Hamilton, Mr John Lyons, Alice Mahon, Mr David Miliband, Anne Picking, Dr John Pugh, Mr David Rendel, Mr Laurence Robertson, Derek Twigg, Mr Nigel Waterson and Tony Worthington.

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7Draft Disability Discrimination Act 1995 (Amendment) Regulations 2003:

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

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr David Amess, Charlotte Atkins, Mr John Baron, Mr Tim Boswell, Mr Tony Clarke, Mr Ian Davidson, Jim Dobbin, Maria Eagle, Paul Holmes, Mr Brian Jenkins, Margaret Moran, Diana Organ, Mr Greg Pope, Mr John Smith, Angela Watkinson and Steve Webb.

8Local Government Finance (England) Special Grant Report (No. 118) on Special Grant for Local Authorities Rated Excellent and 3* Education Performers and the Local Government Finance (England) Special Grant Report (No. 119) on Special Grant for the Excellence in Cities and Excellence Cluster Programmes,—The Committee of Selection has discharged Mr Ian Cawsey, Tom Cox and Mr Khalid Mahmood from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the Reports); and nominated in substitution Mr Tom Harris, Mr Kevin Hughes and Mr Gareth Thomas (Harrow West).

Programming Committees

9Criminal Justice Bill (Programming Committee),—The Speaker has appointed Paul Goggins, Ian Lucas and John Mann in place of Hilary Benn, Ms Dari Taylor and Paul Clark as members of the Programming Committee in respect of the Bill.

European Standing Committees

10The Speaker has appointed Mr David Amess Chairman of European Standing Committee A in respect of European Union Document No. 15831/02 on Control of Foot and Mouth Disease.

11European Union Document No. 8475/03, relating to the Broad Economic Policy Guidelines, has been referred to European Standing Committee B.

APPENDIX III

Reports from Select Committees

1Defence,—Minutes of Evidence taken before the Defence Committee [Lessons in Iraq]; to be printed [No. 695-i] [Rachel Squire].

2Draft Corruption Bill,—Minutes of Evidence taken before the Joint Committee on the Draft Corruption Bill; to be printed [No. 705-ii] [Mr Richard Shepherd].

3Environmental Audit,—Minutes of Evidence taken before the Environmental Audit Committee [The Export Credits Guarantee Department and Sustainable Development]; to be printed [No. 689-i] [Mr John Horam].

4Environment, Food and Rural Affairs,—(1) Eighth Report from the Environment, Food and Rural Affairs Committee [The Future of Waste Management], 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 [Nos. 385-I and -II]; and

(2) Minutes of Evidence taken before the Committee [Animal By-Products Regulations]; to be printed [No. 707]

[Mr David Curry].

5European Scrutiny,—Twenty-first Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 63-xxi] [Mr Jimmy Hood].

6Procedure,—Minute of Evidence taken before the Procedure Committee [Procedure for debates, Private Members' Bills, and the powers of the Speaker]; to be printed [No. 333-vi] [Sir Nicholas Winterton].

7Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [Improving Service Delivery: The Food Standards Agency]; to be printed [No. 708-i] [Mr Edward Leigh].

8Science and Technology,—Minutes of Evidence taken before the Science and Technology Committee [The Scientific Response to Terrorism]; to be printed [No. 415-iii] [Dr Ian Gibson].

9Trade and Industry,—Minutes of Evidence taken before the Trade and Industry Committee [The Future of the UK Steel Industry]; to be printed [No. 686-ii] [Mr Martin O'Neill].

10Transport,—Minutes of Evidence taken before the Transport Committee [Aviation]; to be printed [No. 454-vii] [Mrs Gwyneth Dunwoody].

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[No. 94; WH, No. 59.]

Wednesday 14th May 2003.

The House sitting in Westminster Hall

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

Adjournment,—Resolved, That the sitting be now adjourned.—(Mr Gerry Sutcliffe.)

And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 5.09 p.m.


[No. 95.]

Thursday 15th May 2003.

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

PRAYERS.

1London Local Authorities Bill [Lords],—The London Local Authorities Bill [Lords] was, according to Order, read a second time and committed.

2Equine Welfare (Ragwort Control) Bill (changed to Ragwort Control Bill),—Mr Eric Illsley reported from Standing Committee F, That it had gone through the Equine Welfare (Ragwort Control) Bill, and made Amendments thereunto, and had amended the Title as follows:

A Bill to amend the Weeds Act 1959 in relation to ragwort.

Bill, as amended in the Standing Committee, to be considered on Friday 11th July; and to be printed [Bill 110].

Minutes of Proceedings of the Committee to be printed [No. 710].

3Opposition Day [6th allotted day: first part],—It being an allotted day at the disposal of the Leader of the Opposition in pursuance of Standing Order No. 14 (Arrangement of public business), the House proceeded to consider Opposition business.

School Funding,—A Motion was made, and the Question being proposed, That this House condemns the Government's handling of the school funding crisis; regrets that the jobs of teachers, teaching assistants and other support staff have been put at risk; further regrets that these teacher redundancies, together with other cut backs imposed by the funding crisis, will have a negative impact on the education of school children; notes that Labour councils have been as badly affected as Conservative councils by the funding crisis; condemns the Government for seeking to blame local authorities for this crisis; further notes the statements of head teachers and governors across England who no longer trust the Government's ability to administer school funding; recognises the impact of the funding crisis on the Government's teacher workload agreement; believes that the Government's flawed reforms of school funding are to blame for the crisis; and calls on the Government to simplify the school funding system, giving more money direct to schools and giving head teachers more control over how to spend that money—(Mr Damian Green);

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 ‘applauds the increased funding that the Government has made available to LEAs since 1997, which is up in real terms from £2,800 per pupil to £3,600 for 2003–04, with further planned increases to almost £3,800 by 2005–06; notes that the increase in funding for 2003–04, at £2.7 billion, more than covers the additional cost pressures from pay, pension and price increases; recognises that the new LEA funding formula constitutes a welcome move towards a fairer distribution between LEAs, but coupled with the changes to the Standards Fund has resulted in some turbulence in the system; endorses the action the Government has taken in response, namely to provide a further £11 million to London authorities and £28 million to authorities with the lowest overall increases; further notes that the performance pay grant for 2003–04 has been increased to meet all of schools' commitments arising from the grant provided in 2002–03, and to cover the costs of similar progress for teachers becoming eligible for performance pay in September; welcomes the decision by the great majority of LEAs to pass on in full the increase in schools funding to their schools budgets; supports the work the Government is doing with LEAs to understand the decisions they have taken in distributing their funding between central services and the individual budgets of schools; welcomes the further measures the Secretary of State is taking to provide LEAs and schools with flexibilities to avoid excessive instability within schools; and calls on the Government to consider what changes are needed for next year', instead thereof.—(Mr Secretary Clarke.)

And the Question being proposed, That the original words stand part of the Question;

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4Royal Assent,—The Speaker notified the House, in accordance with the Royal Assent Act 1967, That Her Majesty had signified her Royal Assent to the following Act, agreed upon by both Houses:

Northern Ireland Assembly (Elections and Periods of Suspension) Act 2003.

5Opposition Day [6th allotted day: first part],—School Funding,—The Question being again proposed, That the original words stand part of the Question;

David Maclean 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:—It was agreed to.

And the Question being accordingly put;

The House divided.

Tellers for the Ayes, Mr Laurence Robertson, Angela Watkinson: 128.

Tellers for the Noes, Mr Ivor Caplin, Joan Ryan: 296.

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 Ivor Caplin, Joan Ryan: 263.

Tellers for the Noes, Mr Laurence Robertson, Angela Watkinson: 144.

So the Question was agreed to.

The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to.

Resolved, That this House applauds the increased funding that the Government has made available to LEAs since 1997, which is up in real terms from £2,800 per pupil to £3,600 for 2003–04, with further planned increases to almost £3,800 by 2005–06; notes that the increase in funding for 2003–04, at £2.7 billion, more than covers the additional cost pressures from pay, pension and price increases; recognises that the new LEA funding formula constitutes a welcome move towards a fairer distribution between LEAs, but coupled with the changes to the Standards Fund has resulted in some turbulence in the system; endorses the action the Government has taken in response, namely to provide a further £11 million to London authorities and £28 million to authorities with the lowest overall increases; further notes that the performance pay grant for 2003–04 has been increased to meet all of schools' commitments arising from the grant provided in 2002–03, and to cover the costs of similar progress for teachers becoming eligible for performance pay in September; welcomes the decision by the great majority of LEAs to pass on in full the increase in schools funding to their schools budgets; supports the work the Government is doing with LEAs to understand the decisions they have taken in distributing their funding between central services and the individual budgets of schools; welcomes the further measures the Secretary of State is taking to provide LEAs and schools with flexibilities to avoid excessive instability within schools; and calls on the Government to consider what changes are needed for next year.

6Adjournment (Developing a national skills strategy),—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr Phil Woolas);

And it being Six o'clock, the Debate stood adjourned.

7Business of the House,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 15 (Exempted business), That, at this day's sitting, the Motion in the name of the Prime Minister may be proceeded with, though opposed, until Seven o'clock—(Mr Phil Woolas):—It was agreed to.

8Adjournment (Developing a national skills strategy),—The Question being again proposed, That this House do now adjourn;

And it being Seven o'clock, the Motion for the adjournment of the House lapsed, without Question put.

9Standards and Privileges,—Ordered, That Mr Derek Foster be added to the Committee on Standards and Privileges.—(Jim Fitzpatrick.)

10Public Petitions,—A Public Petition from citizens of the United Kingdom against the unrestricted opening of pharmacies able to dispense NHS prescriptions was presented and read; and ordered to lie upon the Table, and to be printed.

11Adjournment,—Resolved, That this House do now adjourn.—(Jim Fitzpatrick.)

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

[Adjourned at 7.30 p.m.

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APPENDIX I

Papers presented or laid upon the Table:

Other Papers:

1Financial Reporting to Parliament,—Departmental Reports 2003: The Government's Expenditure Plans for 2003–04 to 2004–2005 for:—

(1) HM Customs and Excise [by Command] [Cm. 5924] [John Healey];

(2) Department for Culture, Media and Sport [by Command] [Cm. 5920] [Secretary Tessa Jowell];

(3) Department of Trade and Industry, and

(4) Export Credits Guarantee Department

[by Command] [Cm. 5917 and 5916] [Ms Secretary Hewitt];

(5) Department for Transport [by Command] [Cm. 5907] [Mr Secretary Darling];

(6) Department for Work and Pensions [by Command] [Cm. 5921] [Mr Secretary Smith]; and

(7) Northern Ireland Office [by Command] [Cm. 5929] [Mr Secretary Murphy].

2Public Petitions,—Observations by the Secretary of State for Transport on the Petition [14th April] from the residents of Thanet requesting a fast train service between Thanet and London [by Standing Order]; to be printed [Clerk of the House].

APPENDIX II

Standing Committees

1Draft Broadcasting (Independent Productions) (Amendment) Order 2003:

(1) The Speaker has appointed Miss Ann Widdecombe Chairman of the First Standing Committee on Delegated Legislation in respect of the draft Order; and

(2) The Committee of Selection has discharged Mr Mark Francois from the Committee (nominated in respect of the draft Order); and nominated in substitution Dr Hywel Francis.

2Draft European Communities (Definition of Treaties) (Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States and the Arab Republic of Egypt) Order 2003 and the draft European Communities (Definition of Treaties) (Agreement establishing an Association between the European Communities and their Member States and the Republic of Chile) Order 2003:

(1) The Speaker has appointed Mr Alan Hurst Chairman of the Second Standing Committee on Delegated Legislation in respect of the draft Orders, in place of David Taylor; and

(2) The Committee of Selection has discharged Ann Keen from the Committee (nominated in respect of the draft Orders); and nominated in substitution Alan Keen.

3Draft Contracting Out (Administration of the Teachers' Pensions Scheme) Order 2003,—The Speaker has appointed Mr Peter Atkinson Chairman of the Third Standing Committee on Delegated Legislation in respect of the draft Order.

4Draft Disability Discrimination Act 1995 (Amendment) Regulations 2003,—The Speaker has appointed Mr Alan Hurst Chairman of the Fourth Standing Committee on Delegated Legislation in respect of the draft Regulations.

5Draft Enterprise Act 2002 (Supply of Services) Order 2003 and the draft Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003,—The Speaker has appointed Mr Joe Benton Chairman of the Fifth Standing Committee on Delegated Legislation in respect of the draft Orders.

European Standing Committees

6The Speaker has appointed Derek Conway Chairman of European Standing Committee A in respect of European Union Document No. 13789/02 on Quality of Bathing Water, in place of Mr John Cummings.

APPENDIX III

Reports from Select Committees

1Environmental Audit,—Minutes of Evidence taken before the Education for Sustainable Development Sub-Committee of the Environmental Audit Committee [Learning the Sustainability Lesson]; to be printed [No. 472-vii] [Mr John Horam].

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2Health,—Minutes of Evidence taken before the Health Committee [Responsibilities of David Lammy MP, Parliamentary Under Secretary of State, Department of Health]; to be printed [No. 697] [Mr David Hinchliffe].


[No. 95; WH, No. 60.]

Thursday 15th May 2003.

The House sitting in Westminster Hall

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

Adjournment (The case for a Human Rights Commission—Sixth Report from the Joint Committee on Human Rights, Session 2002–03),—A Motion was made, and the Question being proposed, That the sitting be now adjourned—(Joan Ryan);

And the sitting having continued for three hours, it was adjourned without Question put, till Tuesday 20th May.

[Adjourned at 5.55 p.m.


[No. 96.]

Friday 16th May 2003.

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

1The Speaker's Absence,—The House being met, and the Speaker having leave of absence pursuant to paragraph (3) of Standing Order No. 3 (Deputy Speaker), Sir Alan Haselhurst, Chairman of Ways and Means, proceeded to the Table.

PRAYERS.

2The Chairman of Ways and Means took the Chair as Deputy Speaker, pursuant to the Standing Order.

3Public Petitions,—Public Petitions from—

(1) residents of Ilford North against the unrestricted opening of pharmacies able to dispense NHS prescriptions, and

(2) electors within the Parliamentary constituency of Ryedale against the unrestricted opening of pharmacies able to dispense NHS prescriptions

were presented and read; and ordered to lie upon the Table and to be printed.

4Sunday Working (Scotland) Bill,—The House, according to Order, proceeded to consider the Sunday Working (Scotland) Bill, not amended in the Standing Committee.

Amendment (No. 3) proposed to the Bill, in page 1, line 14, at the end, to insert the words—

‘( ) at the end of subsection (1) add “; and in Scotland “shop workers” includes estate agents and travel agents.”'.—(Andrew Selous.)

Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.

Another Amendment (No. 5) proposed to the Bill, in page 2, line 7, at the end, to insert the words—

‘( ) No Statutory Instrument shall be made under this section for three months after the Act has been passed.'.—(Mrs Jacqui Lait.)

Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.

The Bill was read the third time, and passed.

5Aviation (Offences) Bill,—The House, according to Order, proceeded to consider the Aviation (Offences) Bill, not amended in the Standing Committee.

Amendments (Nos. 1 and 2) made to the Bill.

The Bill was read the third time, and passed.

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6Marine Safety Bill,—The House, according to Order, proceeded to consider the Marine Safety Bill, not amended in the Standing Committee.

The Bill was read the third time, and passed.

7Disabled People (Duties of Public Authorities) Bill,—The Order of the day being read, for the Second Reading of the Disabled People (Duties of Public Authorities) Bill;

A Motion was 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 13th June.

8Government Powers (Limitations) Bill,—The Order of the day being read, for the Second Reading of the Government Powers (Limitations) Bill;

Ordered, That the Bill be read a second time on Friday 13th June.

9Equality Bill [Lords],—The Order of the day being read, for the Second Reading of the Equality Bill [Lords];

Ordered, That the Bill be read a second time on Friday 20th June.

10Adjournment,—Resolved, That this House do now adjourn.—(Jim Fitzpatrick.)

And accordingly the House, having continued to sit till three minutes to Three o'clock, adjourned till Monday 19th May.

[Adjourned at 2.57 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Negative Resolution:

1Consumer Protection,—Motor Vehicle Tyres (Safety) (Amendment) Regulations 2003 (S.I., 2003, No. 1316), dated 15th May 2003 [by Act] [Mr Secretary Darling].

2Legal Aid and Advice,—Civil Legal Aid (General) (Amendment) Regulations 2003 (S.I., 2003, No. 1312), dated 14th May 2003 [by Act] [Ms Rosie Winterton].

Other Papers:

3Competition Commission,—Report by the Competition Commission on the merger situation between Scottish Radio Holdings plc and GWR Group plc and Galaxy Radio Wales and the West Limited [by Command] [Cm. 5811] [Ms Secretary Hewitt].

4Financial Reporting to Parliament,—Departmental Reports 2003: The Government's Expenditure Plans for 2003–04 to 2004–2005 for:—

(1) HM Treasury, and

(2) Office for National Statistics

[by Command] [Cms. 5922 and 5931] [Mr Paul Boateng],

(3) British Trade International [by Command] [Cm. 5915] [Ms Secretary Hewitt],

(4) Cabinet Office [by Command] [Cm. 5926] [Mr Douglas Alexander],

(5) Food Standards Agency [by Command] [Cm. 5905] [Mr Secretary Milburn],

(6) Government Actuary's Department [by Command] [Cm. 5923] [Ruth Kelly],

(7) Home Office [by Command] [Cm. 5908] [Mr Secretary Blunkett],

(8) Inland Revenue [by Command] [Cm. 5925] [Dawn Primarolo],

(9) Lord Chancellor's Departments [by Command] [Cm. 5910] [Ms Rosie Winterton],

(10) Ministry of Defence [by Command] [Cm. 5912] [Mr Secretary Hoon],

(11) Office of the Deputy Prime Minister [by Command] [Cm. 5906] [Mr Secretary Prescott],

(12) Scotland Office [by Command] [Cm. 5927] [Mrs Secretary Liddell], and

(13) Wales Office [by Command] [Cm. 5928] [Secretary Peter Hain].

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5Public Petitions,—Observations by the Secretary of State for Transport on the Petition [7th May] from residents living near Beecroft Lower School for the introduction of road safety measures to prevent haphazard parking of cars outside the school [by Standing Order]; to be printed [Clerk of the House].

6Treaty Series (No. 15, 2003),—Four Agreements (with Ukraine, Thailand, Portugal and Mexico), done at London on 17th August 2001 and 20th February 2002, on 17th August 2001 and 31st July 2002, on 3rd and 25th July 2002 and on 23rd September and 14th October 2002, extending treaties to the Isle of Man [by Command] [Cm. 5816] [Mr Secretary Straw].

APPENDIX II

Standing Committees

Draft Disability Discrimination Act 1995 (Amendment) Regulations 2003,—The Committee of Selection has discharged Mr David Amess from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations); and nominated in substitution Bob Spink.



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