Session 2002-2003

Commons Journal 259

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


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[No. 159.]

Monday 17th November 2003.

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

PRAYERS.

1London Local Authorities Bill [Lords],—The Order of the day being read, for resuming the adjourned debate on the Question proposed on 13th November, That the promoters of the London Local Authorities Bill [Lords] shall have leave to suspend proceedings thereon in order to proceed with it, if they think fit, in the next session of Parliament, provided that notice of their intention to do so is lodged in the Private Bill Office not later than the day before the close of the present session and that all fees due up to that date have been paid;

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

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

That in the next session the Bill shall be deemed to have passed through every stage through which is has passed in the present session, and shall be recorded in the Journal of the House as having passed those stages;

That no further fees shall be charged to such stages;

Ordered, That the Debate be resumed on Tuesday 2nd December.

2Message from the Lords,—A Message was brought from the Lords, as follows:

Taxation (Information) Bill [Lords],—The Lords have passed a Bill to make provision for public information about the burden of taxation; for a public holiday in each calendar year to mark in symbolic fashion the date on which the national burden of taxation may be said to have been discharged; and for connected purposes; to which the Lords desire the concurrence of this House.

Wild Mammals (Protection) (Amendment) (No. 2) Bill [Lords],—The Lords have passed a Bill to amend the Wild Mammals Protection Act 1996; to which the Lords desire the concurrence of this House.

The Lords agree to the Criminal Justice Bill, with Amendments, to which they desire the concurrence of this House.

The Lords agree without Amendment to the Amendments made by this House to the Water Bill [Lords].

The Lords disagree to an Amendment made by this House to the Sexual Offences Bill [Lords], for which disagreement they assign their Reason; they disagree to another Amendment but propose an Amendment in lieu thereof; they agree to another Amendment, with an Amendment in lieu of the words so left out of the Bill; they agree to certain other Amendments, with Amendments; and they agree without Amendment to the remaining Amendments.

3Sexual Offences Bill [Lords],—Lords Amendment in lieu of words left out of the Bill by a Commons Amendment, Lords Amendment in lieu of a Commons Amendment, Lords Reason for disagreeing to a Commons Amendment, and Lords Amendments to Commons Amendments to the Sexual Offences Bill [Lords] to be considered to-morrow; and printed pursuant to Standing Orders Nos. 57A (Bills brought from the Lords) and 78 (Lords amendments) on 13th November [Bill 180].

4Criminal Justice Bill,—Lords Amendments to the Criminal Justice Bill to be considered to-morrow; and to be printed [Bill 181].

5Courts Bill [Lords] (Programme) (No. 2),—A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 29th October 2002], That the following provisions shall apply to the Courts Bill [Lords] for the purpose of supplementing the Order of 9th June 2003—

Consideration of Lords Message

1. Proceedings on consideration of the Lords Message shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement at this day's sitting.

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Subsequent stages

2. Any further Message from the Lords may be considered forthwith without any question put.

3. Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement—(Margaret Moran);

The House divided.

Tellers for the Ayes, Mr Nick Ainger, Margaret Moran: 303.

Tellers for the Noes, Hugh Robertson, Gregory Barker: 123.

So the Question was agreed to.

6Courts Bill [Lords],—The House, according to Order, proceeded to consider the Lords Amendments to a Commons Amendment and the Lords consequential Amendment to the Courts Bill [Lords].

Lords Amendments Nos. 24A to 24D were agreed to.

7Anti-social Behaviour Bill [Money] (No. 2),—Her Majesty's Recommendation having been signified to the proposed Motion relating to Anti-social Behaviour Bill [Money] (No. 2);

Resolved, That, for the purposes of any Act resulting from the Anti-social Behaviour Bill (‘the Act'), it is expedient to authorise the payment of money provided by Parliament of any expenses incurred by the Secretary of State in consequence of the Act.—(Mr John Heppell.)

8Anti-social Behaviour Bill (Programme) (No. 3),—A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 29th October 2002], That the following provisions shall apply to the Anti-social Behaviour Bill for the purpose of supplementing the Orders of 8th April 2003 and 24th June 2003:

Consideration of Lords Amendments

1. Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion three hours after their commencement at this day's sitting.

2. Those proceedings shall be taken in the order shown in the first column of the following Table, and each part of those proceedings shall (so far as not previously concluded) be brought to a conclusion at the time shown in the second column.

Lords AmendmentsTime for conclusion of proceedings
Nos. 1 to 22 An hour and a quarter after the commencement of proceedings on consideration of Lords Amendments.
Nos. 23 to 41 Two and a quarter hours after the commencement of those proceedings.
Nos. 42 to 74 Three hours after the commencement of those proceedings.

Subsequent stages

3. Any further Message from the Lords may be considered forthwith without any Question put.

4. The proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement—(Gillian Merron);

The House divided.

Tellers for the Ayes, Mr Vernon Coaker, Mr Fraser Kemp: 310.

Tellers for the Noes, Mr John Randall, Hugh Robertson: 161.

So the Question was agreed to.

9Anti-social Behaviour Bill,—The House, according to Order, proceeded to consider the Lords Amendments to the Anti-social Behaviour Bill.

Lords Amendments Nos. 1 to 38 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 14 and 28.

Lords Amendment No. 39.

An Amendment ((a)) was proposed to the Lords Amendment, in line 4, at the end, to inset the words—

‘( ) In subsection (1) omit “in the open air”.'—(Mr James Paice.)

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And the Question being proposed, That the Amendment be made:—The Amendment was, by leave, withdrawn.

The Lords Amendment was agreed to.

Lords Amendment No. 40 was agreed to.

Lords Amendment No. 41.

An Amendment ((a)) was proposed to the Lords Amendment, in line 10, at the end, to insert the words—

‘3C Where the local authority in 3B is a District or Unitary Authority the officer must also consult every adjoining District or Unitary Authority.'.—(Mr James Paice.)

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

The House divided.

Tellers for the Ayes, Mr Mark Francois, Mr Geoffrey Clifton-Brown: 156.

Tellers for the Noes, Mr Fraser Kemp, Mr Vernon Coaker: 311.

So the Question was negatived.

The Lords Amendment was agreed to.

Lords Amendment No. 42 was agreed to.

It being three hours after the commencement of proceedings on the Lords Amendments, the Deputy Speaker put forthwith the Question on the remaining Lords Amendments, pursuant to Order [this day].

Lords Amendments Nos. 43 to 74 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 45 to 48 and 54.

10Income Tax,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That an humble Address be presented to Her Majesty, praying that the Double Taxation Relief (Taxes on Income) (Chile) Order 2003 be made in the form of the draft laid before this House on 8th September—(Derek Twigg):—It was agreed to.

Address to be presented to Her Majesty by such Members of the House as are of Her Majesty's Most Honourable Privy Council or of Her Majesty's Household.

11Income Tax,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That an humble Address be presented to Her Majesty, praying that the Double Taxation Relief (Taxes on Income) (Australia) Order 2003 be made in the form of the draft laid before this House on 8th September—(Derek Twigg):—It was agreed to.

Address to be presented to Her Majesty by such Members of the House as are of Her Majesty's Most Honourable Privy Council or of Her Majesty's Household.

12Investigatory Powers,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Retention of Communications Data (Code of Practice) Order 2003, which was laid before this House on 29th October, be approved—(Derek Twigg);

The House divided.

Tellers for the Ayes, Charlotte Atkins, Paul Clark: 312.

Tellers for the Noes, Hugh Robertson, Mr Mark Francois: 154.

So the Question was agreed to.

13Investigatory Powers,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Retention of Communications Data (Extension of Initial Period) Order 2003, which was laid before this House on 11th September, be approved—(Derek Twigg);

The House divided.

Tellers for the Ayes, Charlotte Atkins, Paul Clark: 307.

Tellers for the Noes, Hugh Robertson, Mr Mark Francois: 156.

So the Question was agreed to.

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14Fees and Charges,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Department for Transport (Driver Licensing and Vehicle Registration Fees) Order 2003, which was laid before this House on 3rd November, be approved—(Derek Twigg):— It was agreed to.

15Emissions of Volatile Organic Compounds from Solvents,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 119 (European Standing Committees), That this House takes note of European Union Document No. 5268/03, draft Directive on the limitation of emissions of volatile organic compounds due to the use of organic solvents in decorative paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC; and supports the Government's objectives both of taking measures to reduce emissions of precursors of ground-level ozone across the European Union, recognising that high concentrations of ground level ozone represent a serious public health risk, and also of seeking to reduce as far as possible adverse effects on United Kingdom industry of new European Union legislation—(Derek Twigg):—It was agreed to.

16Public Accounts,—Ordered, That Mr David Rendel be discharged from the Committee of Public Accounts and Mr Richard Allan be added.—(Mr Bob Ainsworth.)

17Standards and Privileges,—Ordered, That Mr Russell Brown be discharged from the Committee on Standards and Privileges and Mr Stephen Pound be added.—(Mr Bob Ainsworth.)

18Home Affairs,—Ordered, That Mr John Bercow be discharged from the Home Affairs Committee and Mr John Taylor be added.—(Mr Bob Ainsworth, on behalf of the Committee of Selection.)

19Defence,—Ordered, That Mr Gerald Howarth be discharged from the Defence Committee and Mr Crispin Blunt be added.—(Mr Bob Ainsworth, on behalf of the Committee of Selection.)

20International Development,—Ordered, That Alistair Burt be discharged from the International Development Committee and Mr Quentin Davies be added.—(Mr Bob Ainsworth, on behalf of the Committee of Selection.)

21Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Derek Twigg);

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

22Adjournment,—Resolved, That this House do now adjourn.—(Mr Nick Ainger.)

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

[Adjourned at 10.22 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers delivered to the Votes and Proceedings Office on Friday 14th November 2003 (Non-sitting Friday, S.O. No. 12) pursuant to Standing Order No. 158 (Presentation of command papers):

1Regulatory Impact Assessments,—List of Regulatory Impact Assessments for 1st January to 30th June 2003 [Cm. 5981] [Mr Douglas Alexander].

Papers delivered to the Votes and Proceedings Office on Friday 14th November 2003 (Non-sitting Friday, S.O. No. 12) pursuant to Standing Order No. 159 (Presentation of statutory instruments):

Papers subject to Negative Resolution:

2Merchant Shipping,—Merchant Shipping (Merchant Navy Reserve) (Revocation) Regulations 2003 (S.I., 2003, No. 2861), dated 10th November 2003 [Mr Secretary Darling].

Papers presented or laid upon the Table on Monday 17th November 2003:

Papers subject to Affirmative Resolution:

3Local Government,—Draft Local Government Best Value (Exemption) (England) Order 2003 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

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Papers subject to Negative Resolution:

4Agriculture,—Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003 (S.I., 2003, No. 2912), dated 12th November 2003 [by Act] [Mr Secretary Reid].

5European Communities,—European Communities (Designation) (No. 4) Order 2003 (S.I., 2003, No. 2901), dated 13th November 2003 [by Act] [Mr Secretary Straw].

Other Papers:

6Law Commission,—Report of the Law Commission on Partnership Law [by Command] [Cm. 6015] [Mr Christopher Leslie].

7National Audit,—Reports by the Comptroller and Auditor General on—

(1) Success in the regions, and

(2) Transforming the performance of HM Customs and Excise through electronic service delivery

[by Act]; to be printed [Nos. 1268 and 1267] [Clerk of the House].

8Police (Northern Ireland),—Account of the Police Ombudsman for Northern Ireland for 2002–03, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1242] [Clerk of the House].

APPENDIX II

Reports from Select Committees

1Draft Mental Incapacity Bill,—Report from the Joint Committee on the Draft Mental Incapacity Bill, together with Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Joint Committee [No. 1083] [Jim Dowd].

2Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [Secondary Education: School Admissions]; to be printed [No. 1075-vi] [Mr Barry Sheerman].

3Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Environmental Directives Sub-committee of the Environment, Food and Rural Affairs Committee [The Waste Electrical and Electronic Equipment Directive and End of Life Vehicles Directive]; to be printed [No. 1281-ii] [Mr Michael Jack].

4Human Rights,—(1) Seventeenth Report from the Joint Committee on Human Rights [Scrutiny of Bills], together with Appendices; to be printed, with the Minutes of Proceedings of the Joint Committee [No. 1278];

(2) Eighteenth Report from the Committee [The Government's Response to the Committee's Tenth Report of Session 2002–03 on the UN Convention on the Rights of the Child]; together with Appendices, to be printed, with the Minutes of Proceedings of the Joint Committee [No. 1279]; and

(3) Nineteenth Report from the Committee [Draft Gender Recognition Bill]; together with Appendices; to be printed, with the Minutes of Proceedings of the Joint Committee [No. 1276]

[Jean Corston].

5Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [Housing the Homeless]; to be printed [No. 1280-i] [Mr Edward Leigh].

6Welsh Affairs,—Minutes of Evidence taken before the Welsh Affairs Committee [The Provision of Railways Services in Wales]; to be printed [No. 1029-v] [Mr Martyn Jones].


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[No. 160.]

Tuesday 18th November 2003.

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

PRAYERS.

1Transas Group Bill,—The House proceeded to consider the Lords Amendments to the Transas Group Bill; and the same were agreed to.

2London Local Authorities Bill [Lords],—The Order of the day being read, for consideration of the London Local Authorities Bill [Lords], as amended in the Committee;

Ordered, That the Bill be considered on Tuesday 2nd December.

3Fisheries Jurisdiction Bill,—Mr Alex Salmond, supported by Mr Roy Beggs, Mr Alistair Carmichael, Mr Eddie McGrady, Mr Austin Mitchell, Ann Winterton, Mr Elfyn Llwyd, Angus Robertson and Mr Michael Weir, presented a Bill to make provision for withdrawal from the Common Fisheries Policy of the European Union; to amend the Fishery Limits Act 1976; to make provision about the exercise of functions under that Act by Northern Ireland Ministers, Scottish Ministers, the National Assembly for Wales and the Secretary of State; to provide that that Act shall have effect regardless of the provisions of the European Communities Act 1972; to define English, Northern Irish, Scottish and Welsh waters; and for connected purposes: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 183].

4Grammar Schools (Ballots and Consultation),—A Motion was made, and the Question being proposed, That leave be given to bring in a Bill to amend the School Standards and Framework Act 1998 in order to remove the powers to hold grammar school ballots and to require the Secretary of State for Education and Skills before the end of the next Parliament to consult all maintained primary and secondary schools in each local education authority in England on the future arrangements for secondary school admissions within that authority; and for connected purposes—(David Taylor);

And the Motion being opposed, after a brief explanatory statement from the Member who made the Motion and from a Member who opposed it, the Deputy Speaker put the Question, pursuant to Standing Order No. 23 (Motions for leave to bring in bills and nomination of select committees at commencement of public business).

The House divided.

Tellers for the Ayes, David Taylor, Mr Lindsay Hoyle: 132.

Tellers for the Noes, Mr Eric Forth, Mr Andrew Turner: 105.

So the Question was agreed to.

Ordered, That David Taylor, Mr David Chaytor, Mr Colin Challen, Tony Lloyd, Mr Gordon Prentice, Mrs Janet Dean, John Austin, John Cryer, Mr Kelvin Hopkins, Mr Roger Berry, Valerie Davey and Dr Doug Naysmith do prepare and bring in the Bill.

5Grammar Schools (Ballots and Consultation) Bill,—David Taylor accordingly presented a Bill to amend the School Standards and Framework Act 1998 in order to remove the powers to hold grammar school ballots and to require the Secretary of State for Education and Skills before the end of the next Parliament to consult all maintained primary and secondary schools in each local education authority in England on the future arrangements for secondary school admissions within that authority; and for connected purposes: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 182].

6Sexual Offences Bill [Lords] (Programme) (No. 2),—A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 29th October 2002], That the following provisions shall apply to the Sexual Offences Bill [Lords] for the purpose of supplementing the Order of 15th July 2003:

Consideration of Lords Message

1. Proceedings on consideration of the Lords Message shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement at this day's sitting.

Subsequent stages

2. Any further Message from the Lords may be considered forthwith without any Question put.

3. Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement—(Charlotte Atkins):—It was agreed to.

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7Sexual Offences Bill [Lords],—The House, according to Order, proceeded to consider the Lords Message relating to the Sexual Offences Bill [Lords].

Lords Amendment No. 1A, in lieu of words left out of the Bill by Commons Amendment No. 1, was disagreed to.

A Motion was made, and the Question being put, That Amendment ((a)) be made to the Bill in lieu of Lords Amendment No. 1A, disagreed to—(Annette Brooke);

The House divided.

Tellers for the Ayes, Bob Russell, Mr Alan Reid: 173.

Tellers for the Noes, Fraser Kemp, Bridget Prentice: 338.

So the Question was negatived.

It being more than an hour after the commencement of proceedings on the Lords Message, the Deputy Speaker put the Question on Motions made by a Minister in relation to the Lords' proposals.

Resolved, That this House does not insist on Commons Amendment No. 261, to which the Lords have disagreed.—(Mr John Heppell.)

An Amendment ((a)) was made to the Bill in lieu of the said Commons Amendment.

The Deputy Speaker then put the Question, That the House agrees with the Lords in all the remaining Lords proposals:—It was agreed to.

Accordingly, Commons Amendment No. 105, to which the Lords had disagreed, was not insisted on; and Lords Amendment No. 105A in lieu thereof, Lords Amendment No. 274A to Commons Amendment No. 274, and Lords Amendment No. 291A to Commons Amendment No. 291, were agreed to.

Ordered, That a Committee be appointed to draw up a Reason to be assigned to the Lords for disagreeing to Lords Amendment No. 1A in lieu of words left out of the Bill by Commons Amendment No. 1;

That Annette Brooke, Paul Goggins, Mr John Heppell, Mr Humfrey Malins and Ms Dari Taylor be members of the Committee;

That Paul Goggins be the Chairman of the Committee;

That three be the quorum of the Committee;

That the Committee do withdraw immediately.—(Mr John Heppell.)

8Criminal Justice Bill (Programme) (No. 6),—A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 29th October 2002], That the following provisions shall apply to the Criminal Justice Bill for the purpose of supplementing the Orders of 4th December 2002 and 2nd April 2003:

Consideration of Lords Amendments

1. Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion six hours after their commencement at this day's sitting.

2. Those proceedings shall be taken in the order shown in the first column of the following Table, and each part of those proceedings shall (so far as not previously concluded) be brought to a conclusion at the time shown in the second column.

Lords AmendmentsTime for conclusion of proceedings
Amendments Nos. 32 to 40 and 1One hour and forty-five minutes after the commencement of proceedings on consideration of Lords amendments.
Amendments Nos. 2, 4, 8, 3, 5, 6, 7, 9 to 31, 41 to 99 and 308 to 318Two hours and forty-five minutes after the commencement of those proceedings.
Amendments Nos. 100 to 113Three hours and fifteen minutes after the commencement of those proceedings.
Amendments Nos. 114 to 137Four hours and thirty minutes after the commencement of those proceedings.
Amendments Nos. 138, 139, 167, 173, 235, 140 to 166, 168 to 172 and 174 to 202Five hours and fifteen minutes after the commencement of those proceedings.
Amendment No. 203, remaining AmendmentsSix hours after the commencement of those proceedings

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Subsequent stages

3. Any further Message from the Lords may be considered forthwith without any further question being put.

4. The proceedings on any further message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement—(Gillian Merron);

The House divided.

Tellers for the Ayes, Fraser Kemp, Bridget Prentice: 343.

Tellers for the Noes, Mr Mark Field, Hugh Robertson: 181.

So the Question was agreed to.

9Sexual Offences Bill [Lords],—Paul Goggins reported from the Committee appointed to draw up a Reason to be assigned to the Lords for disagreeing to their proposed Amendment in lieu of the words left out of the Bill by Commons Amendment No. 1, That it had drawn up the following Reason, which it had directed him to report to the House:

The Commons disagree to the Amendment proposed by the Lords in lieu of the words left out of the Bill by Commons Amendment No. 1 for the following Reason:

Because it is unnecessary to make provision for the anonymity of suspects and defendants.

The Reason was agreed to.

Message to the Lords to communicate the said Reason, with the Bill and Amendments.

10Criminal Justice Bill,—The House, according to Order, proceeded to consider the Lords Amendments to the Criminal Justice Bill.

Lords Amendment No. 32.

A Motion was made, and the Question being proposed, That this House disagrees with the Lords in their Amendment—(Mr Secretary Blunkett);

And it being an hour and three quarters after the commencement of proceedings on the Lords Amendments, the Deputy Speaker, pursuant to Order [this day], put the Question already proposed from the Chair.

The House divided.

Tellers for the Ayes, Mr Nick Ainger, Charlotte Atkins: 327.

Tellers for the Noes, Angela Watkinson, Mr Alan Reid: 221.

So the Question was agreed to.

The Lords Amendment was accordingly disagreed to.

The Deputy Speaker then proceeded to put the Questions necessary to dispose of the business to be concluded at that hour.

Lords Amendment No. 33.

A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Mr John Heppell);

The House divided.

Tellers for the Ayes, Mr Nick Ainger, Charlotte Atkins: 329.

Tellers for the Noes, Angela Watkinson, Richard Younger-Ross: 224.

So the Question was agreed to.

The Lords Amendment was accordingly disagreed to.

Amendments ((a) to (f)) were made to the words so restored to the Bill.

Lords Amendment No. 34.

A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Mr John Heppell);

The House divided.

Tellers for the Ayes, Mr Nick Ainger, Charlotte Atkins: 334.

Tellers for the Noes, Angela Watkinson, Richard Younger-Ross: 221.

So the Question was agreed to.

The Lords Amendment was accordingly disagreed to.

Amendments ((a) and (b)) were made to the words so restored to the Bill.

Lords Amendments Nos. 35 and 36 were disagreed to.

Amendments ((a) and (b)) were made to the words restored to the Bill by disagreement to Lords Amendment No. 36.

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Lords Amendment No. 37 was disagreed to.

An Amendment ((a)) was made to the words so restored to the Bill.

Lords Amendment No. 38 was disagreed to.

An Amendment ((a)) was made to the words so restored to the Bill.

Lords Amendments Nos. 39 and 40 were disagreed to.

Amendments ((a) and (b)) were made to the words restored to the Bill by disagreement to Lords Amendment No. 40.

Lords Amendment No. 1 was agreed to.

Lords Amendment No. 2.

A Motion was made, and the Question being proposed, That this House disagrees with the Lords in their Amendment—(Caroline Flint);

And it being two and three quarter hours after the commencement of proceedings on the Lords Amendments, the Deputy Speaker put the Question already proposed from the Chair:—It was agreed to.

The Lords Amendment was accordingly disagreed to.

The Deputy Speaker then proceeded to put the remaining Questions necessary to dispose of the business to be concluded at that hour.

Lords Amendment No. 4.

A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Mr John Heppell);

The House divided.

Tellers for the Ayes, Gillian Merron, Charlotte Atkins: 331.

Tellers for the Noes, Bob Russell, Mr A. J. Beith: 56.

So the Question was agreed to.

The Lords Amendment was accordingly disagreed to.

Lords Amendment No. 8 was disagreed to.

Lords Amendments Nos. 3, 5 to 7, 9 to 31, 41 to 99 and 308 to 318 were agreed to.

Lords Amendment No. 100.

A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Paul Goggins);

The House divided.

Tellers for the Ayes, Margaret Moran, Gillian Merron: 357.

Tellers for the Noes, Mr Alan Reid, Mr Don Foster: 58.

So the Question was agreed to.

The Lords Amendment was accordingly disagreed to.

It being more than three and a quarter hours after the commencement of proceedings on the Lords Amendments, the Deputy Speaker proceeded to put the Questions necessary to dispose of the remaining business to be concluded at that hour.

Lords Amendment No. 101 was disagreed to.

Lords Amendments Nos. 102 to 113 were agreed to.

Lords Amendment No. 114.

A Motion was made, and the Question being proposed, That this House disagrees with the Lords in their Amendment—(Paul Goggins);

And it being four and a half hours after the commencement of proceedings on the Lords Amendments, the Speaker put the Question already proposed from the Chair.

The House divided.

Tellers for the Ayes, Mr Vernon Coaker, Margaret Moran: 345.

Tellers for the Noes, Angela Watkinson, Sir Robert Smith: 201.

So the Question was agreed to.

The Lords Amendment was accordingly disagreed to.

The Deputy Speaker then proceeded to put the Questions necessary to dispose of the business to be concluded at that hour.

Lords Amendment No. 115 was disagreed to.

An Amendment ((a)) was made to the words so restored to the Bill.

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Lords Amendments Nos. 116 to 124 were disagreed to.

An Amendment ((a)) was made to the words restored to the Bill by disagreement to Lords Amendment No. 124.

Lords Amendments Nos. 125 and 126 were disagreed to.

An Amendment ((a)) was made to the words restored to the Bill by disagreement to Lords Amendment No. 126.

Lords Amendments Nos. 127 to 129 were disagreed to.

Amendments ((a) to (e)) were made to the words restored to the Bill by disagreement to Lords Amendment No. 129.

Lords Amendment No. 130 was disagreed to.

Amendments ((a) to (d)) were made to the words so restored to the Bill.

Lords Amendments Nos. 131 and 132 were disagreed to.

An Amendment ((a)) was made to the words restored to the Bill by disagreement to Lords Amendment No. 132.

Lords Amendments Nos. 133 to 137 were agreed to.

Lords Amendment No. 138.

A Motion was made, and the Question being proposed, That this House disagrees with the Lords in their Amendment—(Paul Goggins);

And it being five and a quarter hours after the commencement of proceedings on the Lords Amendments, the Deputy Speaker put the Question already proposed from the Chair.

The House divided.

Tellers for the Ayes, Jim Fitzpatrick, Derek Twigg: 336.

Tellers for the Noes, Richard Younger-Ross, Bob Russell: 50.

So the Question was agreed to.

The Lords Amendment was accordingly disagreed to.

The Deputy Speaker then proceeded to put the remaining Questions necessary to dispose of the business to be concluded at that hour.

Lords Amendment No. 139 was disagreed to.

Lords Amendment No. 167.

A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Mr John Heppell);

The House divided.

Tellers for the Ayes, Jim Fitzpatrick, Derek Twigg: 332.

Tellers for the Noes, Richard Younger-Ross, Mr Andrew Stunell: 51.

So the Question was agreed to.

The Lords Amendment was accordingly disagreed to.

Lords Amendments Nos. 173 and 235 were disagreed to.

Lords Amendments Nos. 140 to 166, 168 to 172 and 174 to 202 were agreed to.

Lords Amendment No. 203.

A Motion was made, and the Question being proposed, That this House disagrees with the Lords in their Amendment—(Paul Goggins);

And it being six hours after the commencement of proceedings on the Lords Amendments, the Deputy Speaker put the Question already proposed from the Chair.

The House divided.

Tellers for the Ayes, Derek Twigg, Jim Fitzpatrick: 322.

Tellers for the Noes, Mr Alan Reid, Bob Russell: 54.

So the Question was agreed to.

The Lords Amendment was accordingly disagreed to.

The Deputy Speaker then proceeded to put the remaining Questions necessary to dispose of the proceedings to be concluded at that hour.

Amendments ((a) and (b)) were made to the Bill in lieu of Lords Amendment No. 203 disagreed to.

Lords Amendment No. 431 was disagreed to.

Lords Amendments Nos. 204 to 234, 236 to 307, 319 to 430 and 432 to 496 were agreed to.

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Title accordingly amended, as follows: A Bill to make provision about criminal justice (including the powers and duties of the police) and about dealing with offenders; to amend the law relating to jury service; to amend Chapter 1 of Part 1 of the Crime and Disorder Act 1998 and Part 5 of the Police Act 1997; to make provision about civil proceedings brought by offenders; and for connected purposes.

Ordered, That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to Lords Amendments Nos. 32, 35, 39, 2, 4, 8, 100, 101, 114, 116 to 123, 125, 127, 128, 131, 138, 139, 167, 173, 235 and 431 to the Criminal Justice Bill;

That Paul Goggins, Mr Dominic Grieve, Mr John Heppell, Simon Hughes and Ms Dari Taylor be members of the Committee;

That Paul Goggins be the Chairman of the Committee;

That three be the quorum of the Committee;

That the Committee do withdraw immediately.—(Mr John Heppell.)

11Quality and Safety of Human Tissues and Cells,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 119 (European Standing Committees), That this House takes note of European Union Document No. 10122/03, amended draft Directive on setting standards of quality and safety for the donation, procurement, testing, processing, storage and distribution of human tissues and cells; notes the additional set-up costs and annual running costs arising in the United Kingdom are now expected to be greater than originally anticipated, and in particular may require investment by fertility clinics to upgrade their facilities and practices, but recognises that these costs will be offset by significant benefits to patients, and therefore supports the Government's position that the proposed Directive, as presently drafted, is broadly acceptable—(Mr Nick Ainger):—It was agreed to.

12Public Petitions,—Public Petitions from—

(1) the staff, parents and friends of Oxclose Community Nursery School, Washington, Tyne and Wear, against the proposed closure of the school; and

(2) residents of the Cotswolds for the appointment of an independent inspector to consider an application by Huntsmans Quarries Ltd in relation to aggregate recycling, agricultural restoration and infilling works

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

13Message from the Lords,—A Message was brought from the Lords, as follows:

The Lords have agreed to the Ragwort Control Bill, without Amendment.

The Lords have agreed to the Health and Social Care (Community Health and Standards) Bill, with Amendments; to which they desire the concurrence of this House.

The Lords do not insist on their Amendments to the Extradition Bill to which this House has disagreed and agree to the Amendments proposed by this House in lieu thereof; they agree to the Amendments made by this House to another Lords Amendment; and they do not insist on their remaining Amendment to which this House has disagreed.

The Lords do not insist on their Amendment to the Sexual Offences Bill [Lords] to which this House has disagreed; and they agree to the Amendment proposed by this House in lieu of an Amendment made by this House to which the Lords had disagreed.

14Health and Social Care (Community Health and Standards) Bill,—Lords Amendments to the Health and Social Care (Community Health and Standards) Bill to be considered to-morrow; and to be printed [Bill 184].

15Criminal Justice Bill,—Paul Goggins reported from the Committee appointed to draw up Reasons to be assigned to the Lords for disagreeing to certain of their Amendments to the Criminal Justice Bill, That it had drawn up the following Reasons, which it had directed him to report to the House:

The Commons disagree to Lords Amendment No. 32 for the following Reason:

Because it should be possible for a defendant to apply for a trial to be conducted without a jury.

The Commons disagree to Lords Amendment No. 35 for the following Reason:

Because it is necessary to make provision about the procedure for applications for trials to be conducted without a jury.

The Commons disagree to Lords Amendment No. 39 for the following Reason:

Because it is necessary to make provision in relation to rules of court.

The Commons disagree to Lords Amendment No. 2 for the following Reason:

Because it is appropriate to extend the circumstances in which the telephone may be used in connection with the review of police detention.

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The Commons disagree to Lords Amendment No. 4 for the following Reason:

Because it is appropriate to ensure the exclusion in certain cases of the duty under section 64(3) of the Police and Criminal Evidence Act 1984 to destroy fingerprints and samples.

The Commons disagree to Lords Amendment No. 8 for the following Reason:

Because it may prove desirable in the light of experience to vary the minimum age above which a test for Class A drugs may be required under section 63B of the Police and Criminal Evidence Act 1984.

The Commons disagree to Lords Amendments Nos. 100 and 101 for the following Reason:

Because the restrictions already imposed on the consent of the Director of Public Prosecutions are sufficient.

The Commons disagree to Lords Amendments Nos. 114, 116 to 123, 125, 127, 128 and 131 for the following Reason:

Because they would result in a less satisfactory scheme for dealing with evidence of bad character.

The Commons disagree to Lords Amendment No. 138 for the following Reason:

Because it may be desirable to increase the sentencing powers of magistrates' courts before the provisions about sentences of less than 12 months can be brought into force.

The Commons disagree to Lords Amendment No. 139 for the following Reason:

Because it is consequential on Lords Amendment No. 138 to which the Commons have disagreed.

The Commons disagree to Lords Amendment No. 167 for the following Reason:

Because the test originally proposed is preferable.

The Commons disagree to Lords Amendment No. 173 for the following Reason:

Because it is appropriate for prisoners serving sentences of four years or more to be released on licence at the half-way point in cases where the provisions for dangerous offenders do not apply.

The Commons disagree to Lords Amendment No. 235 for the following Reason:

Because it is unnecessary to impose the duty referred to.

The Commons disagree to Lords Amendment No. 431 for the following Reason:

Because it is consequential on Lords Amendment No. 203 to which the Commons have disagreed.

The Reasons were agreed to.

Message to the Lords to communicate the said Reasons, with the Bill and Amendments.

16Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr Nick Ainger);

And the Motion having been made after Seven o'clock, and the Debate having continued for half an hour, the Deputy Speaker adjourned the House, without Question put, pursuant to the Standing Order, it being then twenty minutes past Nine o'clock, till to-morrow.

[Adjourned at 9.20 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Negative Resolution:

1Agriculture,—Pig Carcase (Grading) (Amendment) (England) Regulations 2003 (S.I., 2003, No. 2949), dated 17th November 2003 [by Act] [Secretary Margaret Beckett].

2Customs and Excise,—Export of Objects of Cultural Interest (Control) Order 2003 (S.I., 2003, No. 2759), dated 17th November 2003 [by Act] [Secretary Tessa Jowell].

Other Papers:

3Criminal Procedure,—Youth Conference Rules (Northern Ireland) 2003 (S.R. (N.I.), 2003, No. 473), dated 28th October 2003 [by Statutory Instrument] [Mr Secretary Murphy].

4Culture, Media and Sport,—Government Response to the Sixth Report from the Culture, Media and Sport Committee, Session 2002–03, on the British Film Industry [by Command] [Cm. 6022] [Secretary Tessa Jowell].

5Export Control,—Statutory Guidance on the Export Controls on Objects of Cultural Interest [by Act] [Secretary Tessa Jowell].

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6Law Commission,—Report of the Law Commission on Renting Homes [by Command] [Cm. 6018] [Mr David Lammy].

7Ombudsman (Northern Ireland),—Report of the Assembly Ombudsman for Northern Ireland and the Northern Ireland Commissioner for Complaints for 2002–03 [by Statutory Instrument]; to be printed [No. 1225] [Mr Secretary Murphy].

8School Standards and Framework,—Accounts of—

(1) Corby Education Action Zone,

(2) Derbyshire North East Coalfields Education Action Zone,

(3) Leicester Education Action Zone,

(4) South Bradford Education Action Zone,

(5) South Tyneside Education Action Zone,

for 2002–03, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 1287, 1288, 1289, 1290 and 1291] [Clerk of the House].

Papers withdrawn:

9Human Rights (Northern Ireland),—Report of the Northern Ireland Human Rights Commissioner for 2003 [Cm. 5866] [laid 11th July].

APPENDIX II

Reports from Select Committees

1Constitutional Affairs,—Minutes of Evidence taken before the Constitutional Affairs Committee [Judicial appointments and a Supreme Court (court of final appeal)]; to be printed [No. 1275-ii] [Mr A. J. Beith].

2Home Affairs,—Minutes of Evidence taken before the Home Affairs Committee [The Rehabilitation of Prisoners]; to be printed [No. 1245-iii] [Mr John Denham].

3International Development,—Minutes of Evidence taken before the International Development Committee [Development Assistance and the Occupied Palestinian Territories]; to be printed [No. 1107-iv] [John Battle].

4Public Administration,—Minutes of Evidence taken before the Select Committee on Public Administration [A Civil Service Act]; to be printed [No. 837-iv] [Tony Wright].

5Scottish Affairs,—Minutes of Evidence taken before the Scottish Affairs Committee [Coincidence of Parliamentary Constituency Boundaries in Scotland and the Consequences of Change] to be printed [No. 1256-iii] [Mrs Irene Adams].

6Standards and Privileges,—Seventh Report from the Committee on Standards and Privileges [Guidance for Chairman and Members of Select Committees]; to be printed [No. 1292] [Sir George Young].

7Trade and Industry,—Seventh Special Report from the Trade and Industry Committee [Government Observations on the Fifteenth Report from the Committee, on Retaining Retentions]; to be printed [No. 1331] [Mr Martin O'Neill].

8Statutory Instruments,—(1) Thirty-second Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 96-xxxii];

(2) First Special Report from the Committee [Departmental Returns, 2000–2002], together with Appendices; to be printed [No. 1329]; and

(3) Minutes of Evidence taken before the Committee [Land Registration Fee Order 2003 (S.I. 2003/2092)]; to be printed [No. 1330-i] [Mr David Tredinnick].


[No. 160; WH, No. 106.]

Tuesday 18th November 2003.

The House sitting in Westminster Hall

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

Adjournment,—Resolved, That the sitting be now adjourned.—(Derek Twigg.)

And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 5.35 p.m.


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[No. 161.]

Wednesday 19th November 2003.

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

PRAYERS.

1Income Tax,—The Vice-Chamberlain of the Household reported to the House, That its Addresses of 17th November relating to Income Tax had been presented to Her Majesty; and that Her Majesty had been pleased to receive the same very graciously and to give the following Answer:

I have received your Addresses praying that the Double Taxation Relief (Taxes on Income) (Chile) Order 2003 and the Double Taxation Relief (Taxes on Income) (Australia) Order 2003 be made in the form of the drafts laid before your House on 8th September 2003.

I will comply with your request.

2Corporal Punishment of Children (Abolition) Bill,—Mr David Hinchliffe, supported by Mr Hilton Dawson, Julie Morgan, Jane Griffiths, Dr Rudi Vis, Geraint Davies, Mr Paul Burstow, Dr Jenny Tonge, Mr Mike Hancock, Mr Elfyn Llwyd and Dr Richard Taylor, presented a Bill to amend the Children and Young Persons Act 1933 to remove any existing defence which justifies the corporal punishment of children and to give children the same protection as adults under the law on assault: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 185].

3First Aid Training in Schools,—A Motion was made, and the Question being proposed, That leave be given to bring in a Bill to require first aid training to be given to children in schools as part of the National Curriculum—(Bob Russell);

And the Motion being opposed, after a brief explanatory statement from the Member who made the Motion and from a Member who opposed it, the Deputy Speaker put the Question, pursuant to Standing Order No. 23 (Motions for leave to bring in bills and nomination of select committees at commencement of public business):—It was agreed to.

Ordered, That Bob Russell, Mr David Amess, Annette Brooke, Sandra Gidley, Mr Ivan Henderson, Lady Hermon, Kate Hoey, Mr Alan Hurst, Andrew Rosindell, Mr Simon Thomas, Dr Jenny Tonge and Angela Watkinson do prepare and bring in the Bill.

4First Aid Training in Schools Bill,—Bob Russell accordingly presented a Bill to require first aid training to be given to children in schools as part of the National Curriculum: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 186].

5Health and Social Care (Community Health and Standards) Bill (Programme) (No. 3),—A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 29th October 2002], That the following provisions shall apply to the Health and Social Care (Community Health and Standards) Bill for the purpose of supplementing the Order of 7th May 2003—

Consideration of Lords Amendments

(1) Proceedings on a motion to disagree with Lords Amendment No. 1 shall be brought to a conclusion two hours after the commencement of proceedings on Consideration of Lords Amendments at this day's sitting;

(2) Remaining proceedings on Consideration of Lords Amendments shall be brought to a conclusion one hour after their commencement.

Subsequent stages

(3) Any further Message from the Lords may be considered forthwith without any Question put.

(4) The proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement—(Gillian Merron);

The House divided.

Tellers for the Ayes, Mr Fraser Kemp, Bridget Prentice: 380.

Tellers for the Noes, Mr Peter Luff, Mr David Wilshire: 210.

So the Question was agreed to.

6Health and Social Care (Community Health and Standards) Bill,—The House, according to Order, proceeded to consider the Lords Amendments to the Health and Social Care (Community Health and Standards) Bill.

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Lords Amendment No. 1.

A Motion was made, and the Question being proposed, That this House disagrees with the Lords in their Amendment—(Mr Secretary Reid);

And it being two hours after the commencement of proceedings on Lords Amendment No. 1, the Deputy Speaker, pursuant to Order [this day], put the Question already proposed from the Chair.

The House divided.

Tellers for the Ayes, Mr Fraser Kemp, Bridget Prentice: 302.

Tellers for the Noes, Mr Peter Luff, Mr David Wilshire: 285.

So the Question was agreed to.

The Lords Amendment was accordingly disagreed to.

Lords Amendment Nos. 2 and 3 were agreed to.

Lords Amendment No. 4.

A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Joan Ryan);

The House divided.

Tellers for the Ayes, Gillian Merron, Bridget Prentice: 344.

Tellers for the Noes, Richard Younger-Ross, Bob Russell: 240.

So the Question was agreed to.

The Lords Amendment was accordingly disagreed to.

An Amendment ((a)) was made to the words so restored to the Bill.

Lords Amendment No. 5 was disagreed to.

Lords Amendments Nos. 6 to 25 were agreed to.

Lords Amendments No. 26 was disagreed to.

Lords Amendment No. 27 was agreed to.

Lords Amendment No. 28.

A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Joan Ryan);

The House divided.

Tellers for the Ayes, Gillian Merron, Charlotte Atkins: 343.

Tellers for the Noes, Mr Peter Luff, Mr David Wilshire: 213.

So the Question was agreed to.

The Lords Amendment was accordingly disagreed to.

Lords Amendment No. 29.

A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Joan Ryan);

The House divided.

Tellers for the Ayes, Mr Nick Ainger, Charlotte Atkins: 347.

Tellers for the Noes, Richard Younger-Ross, Sir Robert Smith: 215.

So the Question was agreed to.

The Lords Amendment was accordingly disagreed to.

Lords Amendments Nos. 30 to 55 were agreed to.

Lords Amendment No. 56.

An Amendment ((a)) was made to the Lords Amendment.

The Lords Amendment, as amended, was agreed to.

Lords Amendment No. 57.

An Amendment ((a)) was made to the Lords Amendment.

The Lords Amendment, as amended, was agreed to.

Lords Amendment No. 58 was agreed to.

Lords Amendment No. 59.

An Amendment ((a)) was made to the Lords Amendment.

The Lords Amendment, as amended, was agreed to.

Lords Amendments Nos. 60 to 121 were agreed to, the Commons being willing to waive their privilege in respect of Lords Amendments Nos. 77, 78 and 90.

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It being one hour after the commencement of proceedings on the remaining Lords Amendments, the Deputy Speaker put forthwith the remaining Questions necessary to dispose of the proceedings to be concluded at that hour.

Lords Amendment No. 161 was disagreed to.

Amendments ((a) to (z), (aa) and (bb)) were made to the words so restored to the Bill.

Lords Amendments Nos. 122 to 160 and 162 to 231 were agreed to, the Commons being willing to waive their privilege in respect of Lords Amendments Nos. 217 and 218.

Ordered, That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to Lords Amendments Nos. 1, 5, 26, 28 and 29;

That Mr Paul Burstow, Mr John Hutton, Mr Andrew Lansley, Joan Ryan and Claire Ward be members of the Committee;

That Mr John Hutton be the Chairman of the Committee;

That three be the quorum of the Committee;

That the Committee do withdraw immediately.—(Joan Ryan.)

The Deputy Speaker suspended the sitting, pursuant to Order [10th November].

7Health and Social Care (Community Health and Standards) Bill,—Mr John Hutton reported from the Committee appointed to draw up Reasons to be assigned to the Lords for disagreeing to certain of their Amendments to the Health and Social Care (Community Health and Standards) Bill, That it had drawn up the following Reasons, which it had directed him to report to the House:

The Commons disagree to Lords Amendment No. 1 for the following Reason:

Because it is necessary to provide for the constitution of NHS foundation trusts.

The Commons disagree to Lords Amendment No. 5 for the following Reason:

Because it is not necessary to have special mechanisms for appeals against or reviews of the regulator's decisions.

The Commons disagree to Lords Amendment No. 26 for the following Reason:

Because the provision is not necessary for a borrowing code.

The Commons disagree to Lords Amendment No. 28 for the following Reason:

Because the regulator should be required to place restrictions on private health care.

The Commons disagree to Lords Amendment No. 29 for the following Reason:

Because it is unnecessary.

The Reasons were agreed to.

Message to the Lords to communicate the said Reasons, with the Bill and Amendments.

8Business 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 consideration of any Lords Messages and Amendments that may be received may be proceeded with, though opposed, until any hour—(Mr Vernon Coaker):—It was agreed to.

The Deputy Speaker suspended the sitting until a Message was received from the Lords, pursuant to Order [10th November].

9Message from the Lords,—A Message was received from the Lords, as follows:

The Lords insist on certain of their Amendments to the Criminal Justice Bill, to which this House has disagreed, for which insistence they assign their Reason; they do not insist on certain Amendments to which this House has disagreed and do agree with the Amendments proposed by this House to the words so restored to the Bill; and they do not insist on their remaining Amendments to which this House has disagreed.

10Criminal Justice Bill,—Lords Reasons for insisting on Amendments to which the Commons have disagreed to the Criminal Justice Bill to be printed [Bill 187].

11Criminal Justice Bill,—The House, pursuant to Order [yesterday], proceeded forthwith to consider the Lords Reasons for insisting on Amendments to which the Commons have disagreed to the Criminal Justice Bill.

The Lords Reason for insisting on their Amendment No. 32 was read, as follows:

Because it is inappropriate to make provision for applications by the defendant for trials to be conducted without a jury.

A Motion was made, and the Question being proposed, That this House insists on its disagreement with the Lords in their Amendment—(Paul Goggins);

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And it being one hour after the commencement of proceedings on the Lords Message, the Deputy Speaker put the Question already proposed from the Chair, pursuant to Order [yesterday].

The House divided.

Tellers for the Ayes, Mr Vernon Coaker, Jim Fitzpatrick: 332.

Tellers for the Noes, Richard Younger-Ross, Mr Hugo Swire: 220.

So the Question was agreed to.

An Amendment ((a)) was made to the words so restored to the Bill.

The Deputy Speaker put forthwith the remaining Questions necessary to dispose of the proceedings to be concluded at that hour.

Lords Amendments Nos. 33, 34 and 36.

The Lords Reason for insisting on their Amendment No. 33 was read, as follows:

Because it is inappropriate to make provision for prosecution applications for certain complex or lengthy trials to be conducted without a jury.

The Lords Reason for insisting on their Amendment No. 34 was read, as follows:

Because it is inappropriate to make provision for prosecution applications for trials to be conducted without a jury on the ground of the danger of jury tampering.

The Lords Reason for insisting on their Amendment No. 36 was read, as follows:

Because it is consequential on the Lords' insistence on their Amendment No. 34.

A Motion was made, and the Question being put, That this House insists on its disagreement with the Lords in their Amendments Nos. 33, 34 and 36—(Mr John Heppell);

The House divided.

Tellers for the Ayes, Jim Fitzpatrick, Mr Vernon Coaker: 331.

Tellers for the Noes, Richard Younger-Ross, Gregory Barker: 215.

So the Question was agreed to.

Amendments ((a) to (h)) were made to the words restored to the Bill by the Commons' insistence on their disagreement to Lords Amendment No. 33.

Amendments ((a) to (e)) were made to the words restored to the Bill by the Commons' insistence on their disagreement to Lords Amendment No. 34.

Amendments ((a) to (d)) were made to the words restored to the Bill by the Commons' insistence on their disagreement to Lords Amendment No. 36.

Lords Amendments Nos. 114 to 119 and 121 to 131.

The Lords Reason for insisting on their Amendments Nos. 114 to 119 and 121 to 131 was read, as follows:

Because the Amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.

A Motion was made, and the Question being put, That this House insists on its disagreement with the Lords in their Amendments—(Mr John Heppell);

The House divided.

Tellers for the Ayes, Jim Fitzpatrick, Mr Vernon Coaker: 339.

Tellers for the Noes, Richard Younger-Ross, Mr Hugo Swire: 216.

So the Question was agreed to.

Amendments ((a) to (n)) were made to the words so restored to the Bill.

Consequential Amendments ((o) to (q)) were made to the Bill.

Resolved, That this House does not insist on its disagreement to Lords Amendment No. 120.—(Mr John Heppell.)

The Deputy Speaker suspended the sitting until a Message was received from the Lords, pursuant to Order [10th November].

Thursday 20th November 2003

12Message from the Lords,—A Message was received from the Lords, as follows:

The Lords insist on certain of their Amendments to the Health and Social Care (Community Health and Standards) Bill to which this House has disagreed, for which insistence they assign their Reasons; they do not insist on an Amendment to which this House have disagreed and do agree with the Amendment proposed by this House to the words so restored to the Bill; they agree to the Amendments made by this House to certain Lords Amendments; and they do not insist on their remaining Amendments to which this House has disagreed.

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13Health and Social Care (Community Health and Standards) Bill,—Lords Reasons for insisting on Amendments to which the Commons have disagreed to the Health and Social Care (Community Health and Standards) Bill to be printed [Bill 188].

14Health and Social Care (Community Health and Standards) Bill,—The House, pursuant to Order [18th November], proceeded forthwith to consider the Lords Reasons for insisting on Amendments to which the Commons have disagreed to the Health and Social Care (Community Health and Standards) Bill.

The Lords Reason for insisting on their Amendment No. 1 was read, as follows:

Because Foundation Trusts will damage the wider interests of patients and the NHS.

A Motion was made, and the Question being proposed, That this House insists on its disagreement with the Lords in their Amendment.—(Mr John Hutton.)

And it being one hour after the commencement of proceedings on the Lords Message, the Deputy Speaker put the Question already proposed from the Chair, pursuant to Order [yesterday].

The House divided.

Tellers for the Ayes, Mr Fraser Kemp, Mr Jim Murphy: 290.

Tellers for the Noes, Mr David Wilshire, Mr Peter Luff: 249.

So the Question was agreed to.

The Deputy Speaker put forthwith the remaining Questions necessary to dispose of the proceedings to be concluded at that hour.

Consequential Amendment ((a)) was made to the Bill.

The Lords Reason for insisting on their Amendment No. 161 was read, as follows:

Because it is consequential on the Lords insistence on Amendment No. 1.

Resolved, That this House insists on its disagreement with the Lords in their Amendment.—(Joan Ryan.)

Amendments ((a) to (z), (aa) and (bb)) were made to the words so restored to the Bill.

15Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Joan Ryan);

And the Motion having been made after Seven o'clock on Wednesday evening, and the Debate having continued for half an hour, the Deputy Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then twelve minutes to Three o'clock on Thursday morning, till this day.

[Adjourned at 2.48 a.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1Environmental Protection,—Draft Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2003 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett].

Papers subject to Negative Resolution:

2Education,—(1) Education (Nursery Education and Early Years Development) (England) (Amendment) Regulations 2003 (S.I., 2003, No. 2939), dated 13th November 2003, and

(2) Reading College and School of Arts and Design (Dissolution) Order 2003 (S.I., 2003, No. 2918), dated 12th November 2003

[by Act] [Mr Secretary Clarke].

3Electronic Communications,—Wireless Telegraphy (Licence Charges) (Amendment) (Channel Islands and Isle of Man) Regulations 2003 (S.I., 2003, No. 2984), dated 19th November 2003 [by Act] [Ms Secretary Hewitt].

4Magistrates' Courts,—Family Proceedings Court (Constitution) (Greater London) Rules 2003 (S.I., 2003, No. 2960), dated 18th November 2003 [by Act] [Mr Christopher Leslie].

5Medicines,—(1) Medicines (Products for Animal Use—Fees) (Amendment) Regulations 2003 (S.I., 2003, No. 2957), dated 17th November 2003 [by Act] [Secretary Margaret Beckett]; and

(2) Prescription Only Medicines (Human Use) Amendment (No. 2) Order 2003 (S.I., 2003, No. 2915), dated 13th November 2003 [by Act] [Mr Secretary Reid].

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6Merchant Shipping,—(1) Merchant Shipping (Fire Protection) Regulations 2003 (S.I., 2003, No. 2950), and

(2) Merchant Shipping (Fire Protection) Regulations (Amendment) Regulations 2003 (S.I., 2003, No. 2951),

dated 14th November 2003 [by Act] [Mr Secretary Darling].

7Northern Ireland,—Road Traffic (Driving Disqualifications) (Northern Ireland) Order 2003 (S.I., 2003, No. 2903), dated 13th November 2003 [by Act] [Mr Secretary Murphy].

8Pensions,—Judicial Pensions (Election against Benefits) Regulations 2003 (S.I., 2003, No. 2916), dated 12th November 2003 [by Act] [Mr Secretary Smith].

9Social Security,—Social Security (Contributions) (Amendment No. 7) Regulations 2003 (S.I., 2003, No. 2958), dated 18th November 2003 [by Act] [Dawn Primarolo].

Other Papers:

10Gambling,—Draft Gambling Bill with Explanatory Notes, Regulatory Impact Assessment and the Policy [by Command] [Cm. 6014-I, II, III and IV] [Secretary Tessa Jowell].

11Government Resource and Accounts,—Resource Accounts for 2002–03 of:

(1) the Department of Inland Revenue, Trust Statement and Standard Report, and

(2) the Northern Ireland Court Service

with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1072 and 1228] [Ruth Kelly].

12Northern Ireland,—Report of the Northern Ireland Human Rights Commission for 2003 [by Act] [Mr Secretary Murphy].

13Statutory Instruments (Notification),—Communication declaring that the undermentioned Statutory Instrument had come into operation before copies were laid before Parliament, and explaining why such copies had not been so laid before the Instrument came into operation:

Land Registration Fee Order 2003 (S.I., 2003, No. 2092)

[by Standing Order] [The Speaker].

14Tribunals and Inquiries,—Report of the Council on Tribunals for 2002–03 [by Act]; to be printed [No. 1163] [Mr Christopher Leslie].

APPENDIX II

Standing Committees

European Standing Committees

 European Union Document No. 12179/03, relating to Controls on fluorinated greenhouse gases, has been referred to European Standing Committee A.

APPENDIX III

Reports from Select Committees

1Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [Secondary Education: School Admissions]; to be printed [No. 1075-vii] [Mr Barry Sheerman].

2Environmental Audit,—(1) Eighth Special Report from the Environmental Audit Committee [Government Response to the Eighth Report from the Committee on the Energy White Paper—Empowering Change?]; to be printed [No. 1333]; and

(2) Minutes of Evidence taken before the Committee [GM Food—Evaluating the Farm Scale Trials]; to be printed [No. 1239-iv]

[Mr Peter Ainsworth].

3Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Environment, Food and Rural Affairs Committee [US ‘Ghost' Ships], together with Memoranda laid before the Committee; to be printed [No. 1336] [Mr Michael Jack].

4European Scrutiny,—(1) Thirty-eighth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 63-xxxviii]

(2) Minutes of Evidence taken before the Committee [Commission Work Programme 2004]; to be printed [No. 1334-i]

[Mr Jim Marshall].

5Home Affairs,—Minutes of Evidence taken before the Home Affairs Committee [Asylum Applications]; to be printed [No. 692-ix] [Mr John Denham].

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6Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—Minutes of Evidence taken before the committee [The Fire Service]; to be printed [No. 1168-v] [Mr Andrew Bennett].

7Procedure,—Fourth Report from the Procedure Committee [Procedures for Debates, private Members' bills and the Powers of the Speaker], together with an Appendix, and Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Proceedings of the Committee relating to the Report [No. 333] [Sir Nicholas Winterton].

8Public Accounts,—(1) Forty-eighth Report from the Committee [The Public Private Partnership for National Air Traffic Services Ltd]; together with the Minutes of Proceedings of the Committee relating to the Report [No. 80]; and

(2) Forty-ninth Report from the Committee [The Operational Performance of PFI Prisons]; together with the Minutes of Proceedings of the Committee relating to the Report [No. 904]; and

(3) Minutes of Evidence taken before the committee of Public Accounts [Getting it right, putting it right: Improving decision-making and appeals in social security benefits]; to be printed [No. 1335-i]

[Mr Edward Leigh].

9Transport,—Minutes of Evidence taken before the Transport Committee [Disabled People's Access to Transport]; to be printed [No. 1263-i] [Mrs Gwyneth Dunwoody].

10Treasury,—Minutes of Evidence taken before the Sub-Committee of the Treasury Committee [Child Trust Funds]; to be printed [No. 1284-ii] [Mr John McFall].

11Work and Pensions,—Minutes of Evidence taken before the Work and Pensions Committee [Child Poverty]; to be printed [No. 1328-i] [Sir Archy Kirkwood].


[No. 161; WH, No. 107.]

Wednesday 19th November 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 Gareth Thomas (Harrow West).)

And accordingly the sitting was adjourned till Tuesday 25th November, pursuant to Order [4th November].

[Adjourned at 4.43 p.m.


[No. 162.]

Thursday 20th November 2003.

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

PRAYERS.

1Scottish Grand Committee,—Ordered, That the Minutes of Proceedings of the Scottish Grand Committee be printed [No. 1338].

2Welsh Grand Committee,—Ordered, That the Minutes of Proceedings of the Welsh Grand Committee be printed [No. 1339].

3Northern Ireland Grand Committee,—Ordered, That the Minutes of Proceedings of the Northern Ireland Grand Committee be printed [No. 1340].

4Standing Committee on Regional Affairs,—Ordered, That the Minutes of Proceedings of the Standing Committee on Regional Affairs be printed [No. 1341].

5European Standing Committee A,—Ordered, That the Minutes of Proceedings of European Standing Committee A be printed [No. 1342].

6European Standing Committee B,—Ordered, That the Minutes of Proceedings of European Standing Committee B be printed [No. 1343].

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7European Standing Committee C,—Ordered, That the Minutes of Proceedings of European Standing Committee C be printed [No. 1344].

8Standing Committee on the Convention,—Ordered, That the Minutes of Proceedings of the Standing Committee on the Convention be printed [No. 1345].

9Standing Committee on the Inter-Governmental Conference,—Ordered, That the Minutes of Proceedings of the Standing Committee on the Inter-Governmental Conference be printed [No. 1346].

10Accommodation and Works,—Ordered, That the Minutes of Proceedings of the Accommodation and Works Committee be printed [No. 1293].

11Administration,—Ordered, That the Minutes of Proceedings of the Administration Committee be printed [No. 1294].

12Broadcasting,—Ordered, That the Minutes of Proceedings of the Select Committee on Broadcasting be printed [No. 1295].

13Catering,—Ordered, That the Minutes of Proceedings of the Catering Committee be printed [No. 1296].

14Constitutional Affairs,—Ordered, That the Minutes of Proceedings of the Constitutional Affairs Committee be printed [No. 1297].

15Culture, Media and Sport,—Ordered, That the Minutes of Proceedings of the Culture, Media and Sport Committee be printed [No. 1298].

16Defence,—Ordered, That the Minutes of Proceedings of the Defence Committee be printed [No. 1299].

17Education and Skills,—Ordered, That the Minutes of Proceedings of the Education and Skills Committee be printed [No. 1300].

18Environment, Food and Rural Affairs,—Ordered, That the Minutes of Proceedings of the Environment, Food and Rural Affairs Committee be printed, together with the Minutes of Proceedings of the Badgers and Bovine Tuberculosis Sub-Committee, the Broadband in Rural Areas Sub-Committee, the Cetacean By-Catch Sub-Committee, the Countryside and Rights of Way Act 2000 Sub-Committee, the Delivery of Education in Rural Areas Sub-Committee, the Environmental Directives Sub-Committee, the Mid-term Review of the CAP Sub-Committee, the New Covent Garden Market Sub-Committee, the Poultry Farming in the United Kingdom Sub-Committee, the Rural Payments Agency Sub-Committee and the Vets and Veterinary Services Sub-Committee [No. 1301].

19Environmental Audit,—Ordered, That the Minutes of Proceedings of the Environmental Audit Committee be printed [No. 1277].

20European Scrutiny,—Ordered, That the Minutes of Proceedings of the European Scrutiny Committee be printed [No. 1302].

21Finance and Services,—Ordered, That the Minutes of Proceedings of the Finance and Services Committee be printed [No. 1303].

22Foreign Affairs,—Ordered, That the Minutes of Proceedings of the Foreign Affairs Committee be printed [No. 1304].

23Health,—Ordered, That the Minutes of Proceedings of the Health Committee be printed, together with the Minutes of Proceedings of the Maternity Services Sub-Committee [No. 1305].

24Home Affairs,—Ordered, That the Minutes of Proceedings of the Home Affairs Committee be printed [No. 1306].

25Human Rights,—Ordered, That the Minutes of Proceedings of the Select Committee appointed to join with a Committee of the House of Lords on Human Rights be printed [No. 1307].

26Information,—Ordered, That the Minutes of Proceedings of the Information Committee be printed [No. 1308].

27International Development,—Ordered, That the Minutes of Proceedings of the International Development Committee be printed [No. 1309].

28Liaison,—Ordered, That the Minutes of Proceedings of the Liaison Committee be printed [No. 1310].

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29Modernisation of the House of Commons,—Ordered, That the Minutes of Proceedings of the Select Committee on Modernisation of the House of Commons be printed [No. 1311].

30Northern Ireland Affairs,—Ordered, That the Minutes of Proceedings of the Northern Ireland Affairs Committee be printed [No. 1312].

31Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—Ordered, That the Minutes of Proceedings of the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee be printed, together with the Minutes of Proceedings of the Urban Affairs Sub-Committee [No. 1313].

32Procedure,—Ordered, That the Minutes of Proceedings of the Procedure Committee be printed [No. 1314].

33Public Accounts,—Ordered, That the Minutes of Proceedings of the Committee of Public Accounts be printed [No. 1315].

34Public Administration,—Ordered, That the Minutes of Proceedings of the Select Committee on Public Administration be printed [No. 1316].

35Regulatory Reform,—Ordered, That the Minutes of Proceedings of the Regulatory Reform Committee be printed [No. 1317].

36Science and Technology,—Ordered, That the Minutes of Proceedings of the Science and Technology Committee be printed [No. 1318].

37Scottish Affairs,—Ordered, That the Minutes of Proceedings of the Scottish Affairs Committee be printed [No. 1319].

38Standards and Privileges,—Ordered, That the Minutes of Proceedings of the Committee on Standards and Privileges be printed [No. 1320].

39Statutory Instruments,—Ordered, That the Minutes of Proceedings of the Select Committee on Statutory Instruments be printed [No. 1321].

40Statutory Instruments,—Ordered, That the Minutes of Proceedings of the Select Committee appointed to join with a Committee of the House of Lords on Statutory Instruments be printed [No. 1322].

41Trade and Industry,—Ordered, That the Minutes of Proceedings of the Trade and Industry Committee be printed [No. 1323].

42Transport,—Ordered, That the Minutes of Proceedings of the Transport Committee be printed [No. 1324].

43Treasury,—Ordered, That the Minutes of Proceedings of the Treasury Committee be printed, together with the Minutes of Proceedings of the Treasury Sub-Committee [No. 1325].

44Welsh Affairs,—Ordered, That the Minutes of Proceedings of the Welsh Affairs Committee be printed [No. 1326].

45Work and Pensions,—Ordered, That the Minutes of Proceedings of the Work and Pensions Committee be printed, together with the Minutes of Proceedings of the IT Sub-Committee [No. 1327].

46Sittings of the House,—A Motion was made, and the Question being proposed, That, at the sittings on Monday 24th and Tuesday 25th November—

(1) notwithstanding the provisions of paragraph (1) of Standing Order No. 21 (Time for taking questions), no Questions shall be taken, provided that, one hour after the commencement of the sitting, the Speaker may interrupt the proceedings in order to permit Questions to be asked which are in his opinion of an urgent character and relate either to matters of public importance or to the arrangement of business, statements to be made by Ministers or personal explanations to be made by Members; and

(2) the Speaker shall not adjourn the House until any Message from the Lords has been received and any Committee to draw up Reasons which has been appointed at that sitting has reported—(Mr Peter Hain);

An Amendment was proposed to the Question, in line 3, to leave out paragraph (1) and insert the words—

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‘(1) notwithstanding paragraph (5) of Standing Order No. 22 (Notices of questions, motions and amendments), Oral Questions shall be taken on Monday 24th November to the Secretary of State for the Home Department and on Tuesday 25th November to the Secretary of State for Health; and the shuffles for these Oral Questions shall be held at Six o'clock at this day's sitting or one hour after the conclusion of proceedings on this Motion, whichever is later', instead thereof.—(Mr Paul Tyler.)

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

Mr Bob Ainsworth rose in his place and claimed to move, That the Question be now put.

And the Question being put, That the Question be now put;

The House divided.

Tellers for the Ayes, Bridget Prentice, Mr Nick Ainger: 331.

Tellers for the Noes, Mr Hugo Swire, Mr John Randall: 175.

So the Question was agreed to.

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

The House divided.

Tellers for the Ayes, Mr Crispin Blunt, Mr Richard Bacon: 174.

Tellers for the Noes, Mr Nick Ainger, Bridget Prentice: 330.

So the Question was negatived.

And the Main Question being put;

Ordered, That, at the sittings on Monday 24th and Tuesday 25th November—

(1) notwithstanding the provisions of paragraph (1) of Standing Order No. 21 (Time for taking questions), no Questions shall be taken, provided that, one hour after the commencement of the sitting, the Speaker may interrupt the proceedings in order to permit Questions to be asked which are in his opinion of an urgent character and relate either to matters of public importance or to the arrangement of business, statements to be made by Ministers or personal explanations to be made by Members; and

(2) the Speaker shall not adjourn the House until any Message from the Lords has been received and any Committee to draw up Reasons which has been appointed at that sitting has reported.

The Speaker suspended the sitting, pursuant to Order [10th November].

47Business 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 Mr Peter Hain and the consideration of any Lords Messages and Amendments that may be received may be proceeded with, though opposed, until any hour—(Derek Twigg):—It was agreed to.

The Deputy Speaker suspended the sitting, pursuant to Order [10th November].

48Message from the Lords,—A Message was brought from the Lords, as follows:

The Lords insist on certain of their Amendments to the Criminal Justice Bill, and disagree to certain Amendments made by this House, for which insistence and disagreement they assign their Reasons; they propose certain further Amendments; they agree to certain Amendments made by this House; and they do not insist on certain of their Amendments.

The Lords do not insist on their Amendments to the Health and Social Care (Community Health and Standards) Bill to which this House has disagreed, and agree with this House in their Amendments to the Bill.

49Criminal Justice Bill,—Lords Reasons for insisting on certain of their Amendments to the Criminal Justice Bill and for disagreeing to Commons Amendments, Lords Amendments to words restored to the Bill and Lords consequential Amendments to be printed [Bill 189].

50Criminal Justice Bill,—The House, pursuant to Order [18th November], proceeded forthwith to consider the Lords Message relating to the Criminal Justice Bill.

Lords Amendment No. 32.

Resolved, That this House does not insist on its disagreement to the Lords Amendment, does not insist on its Amendment No. 32C to the words so restored to the Bill and agrees to Lords Amendments Nos. 32E to 32L.—(Mr Secretary Blunkett.)

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Lords Amendment No. 33.

Resolved, That this House insists on its disagreement with the Lords in their Amendment but proposes Amendments ((a) to (j)) to the words restored to the Bill by that disagreement.—(Mr John Heppell.)

A consequential Amendment ((a)) was made to the Bill.

Lords Amendment No. 34J was agreed to.

Lords Amendment No. 121.

Resolved, That this House insists on its disagreement with the Lords in their Amendment but proposes Amendment ((a)) to the words restored to the Bill by that disagreement.—(Mr John Heppell.)

Lords Amendment No. 126.

Resolved, That this House insists on its disagreement with the Lords in their Amendment, does not insist on its Amendment No. 131H to which the Lords have disagreed, and proposes Amendment ((a)) to the words restored to the Bill by the disagreement insisted on.—(Mr John Heppell.)

The Deputy Speaker suspended the sitting, pursuant to Order [10th November].

51Message from the Lords,—A Message was brought from the Lords as follows:

The Lords do not insist on their Amendments to the Criminal Justice Bill to which this House has disagreed and agree to the Amendments made by this House to the words so restored to the Bill and the consequential Amendment made by this House to the Bill.

52Message to attend the Lords Commissioners,—A Message from the Lords Commissioners was delivered by the Gentleman Usher of the Black Rod.

Mr Speaker,

The Lords, authorised by virtue of Her Majesty's Commission, for declaring Her Royal Assent to several Acts agreed upon by both Houses and for proroguing the present Parliament, desire the immediate attendance of this Honourable House in the House of Peers, to hear the Commission read.

Accordingly the Speaker, with the House, went up to the House of Peers, where a Commission was read, giving, declaring and notifying the Royal Assent to several Acts, and for proroguing this present Parliament.

The Royal Assent was given to the following Acts:—

Water Act 2003

Anti-social Behaviour Act 2003

Courts Act 2003

Ragwort Control Act 2003

Extradition Act 2003

Sexual Offences Act 2003

Health and Social Care (Community Health and Standards) Act 2003

Criminal Justice Act 2003

Transas Group Act 2003.

And afterwards Her Majesty's Most Gracious Speech was delivered to both Houses of Parliament by the Lord High Chancellor (in pursuance of Her Majesty's Command), as follows:

My Lords and Members of the House of Commons

My Government has taken action in support of major programmes of reform in the priority areas of crime, health and transport.

My Government is committed to reforming the criminal justice system, to deliver justice for all and to safeguard the interests of victims, witnesses and communities.

An Act has been passed to provide the police and other agencies with effective tools to tackle anti-social behaviour.

Legislation has been passed to reform sentencing arrangements and to modernise criminal procedures to protect the public and reduce re-offending.

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An Act has also been passed reforming the courts system. This will allow Magistrates' Courts and the Crown Court to work more effectively together under a single organisation and will reform the system for enforcing fines and other non-custodial penalties.

Legislation has also been passed modernising the laws on sexual offences, strengthening the framework of penalties for sex offenders to protect the public.

In addition, legislation has been passed improving international co-operation in tackling serious crime, including terrorism, and modernising the arrangements for international mutual assistance to prosecute criminals.

My Government continues to modernise the delivery of healthcare based on the founding principles of the National Health Service. Legislation has been passed to introduce incentives to ensure that hospital discharges are not delayed and that those needing community care are fully supported.

Legislation has been passed to devolve power and resources to frontline staff, giving greater patient choice and more freedom to successful hospitals while increasing their accountability to local communities and introducing independent health and social care inspectorates.

Legislation has been passed to improve the delivery of local services through better financial management and greater freedom for councils.

An Act has been passed to improve railway and transport safety, establishing a Rail Accident Investigation Body with effective evidence-gathering powers, reforming the body responsible for regulating the railways and introducing alcohol testing on board maritime vessels and in civil aviation.

Draft legislation has been brought forward on a number of matters including civil contingencies, housing, nuclear liabilities, corruption and mental incapacity.

Members of the House of Commons

I thank you for the provision you have made for the work and dignity of the Crown and for the public service.

My Lords and Members of the House of Commons

My Government continues to work closely with the political parties and the Irish Government to secure the full implementation of the Belfast Agreement. Legislation has been passed which establishes an Independent Monitoring Commission to report on the ongoing commitments connected with the implementation of the Belfast Agreement. An Act has also been passed amending legislation on policing in Northern Ireland.

My Government maintains its commitment to devolution in Scotland and Wales. Legislation has been passed reforming the provision of health services in Wales.

Legislation has been passed providing for the holding of referendums in any English region except London, on the establishment of elected regional assemblies and other preparations for the implementation of elected regional government.

In addition, legislation has been passed to create a new regulatory framework for the communications sector to promote competition and investment, establishing a new regulatory body, implementing European Union telecoms directives, and reforming rules on media ownership.

An Act has been passed modernising and streamlining the law governing premises selling alcohol, providing public entertainment and late night refreshment, including important measures for tackling anti-social behaviour.

An Act has been passed allowing the Secretary of State to specify the pay, terms and conditions of the Fire Service and to direct the Fire Service on its use of facilities and assets.

Legislation has been passed improving water management and conservation, establishing an independent Consumer Council for Water, reforming the regulatory system for water and promoting competition in the water industry.

An Act has also been passed providing for the development of a strategy for reducing the amount of biodegradable waste going to landfill and help ensure the UK meets its climate change commitments.

Other important measures have been enacted.

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My Lords and Members of the House of Commons

The Duke of Edinburgh and I were pleased to receive the state visit of His Excellency the President of Russia in June. We are pleased to receive the state visit of His Excellency the President of the United States this week.

My Government has played an active role in combating the global threat from terrorism and preventing the development or use of weapons of mass destruction by hostile states. My Government has worked to help publish and implement a Road Map for peace in the Middle East, and to support the rebuilding of Afghanistan.

My Government took part in international action to ensure Iraq's compliance with its obligations under UN resolutions. Iraq is now on its way to a better future, free and at peace with its neighbours. Political and economic reconstruction are proceeding apace and for the first time in Iraq's history it has government institutions which reflect the diversity of its people and uphold human rights and the rule of law.

My Government helped secure the lifting of UN sanctions against Libya following the latter's compliance with the demands of the Security Council, and has supported international negotiations with Iran and North Korea.

My Government was active in ensuring the decision of the European Council last December to issue formal invitations to ten countries to join the European Union in May 2004. Legislation has been enacted to enable the United Kingdom to ratify the Accession Treaty with the new member states.

Through the Convention on the Future of Europe and the subsequent Inter-Governmental Conference, my Government has participated actively in efforts to agree a new Constitutional Treaty for the European Union to equip it for the challenges of enlargement.

My Government published its assessment of the Five Economic Tests on whether to recommend entry into the single European currency.

My Government helped achieve agreement at the NATO Summit last November to invite seven countries to join the Alliance, and has continued to support these countries in their preparations for membership.

My Government was heavily involved in the continuing development of the European Security and Defence Policy, including the conclusion of agreements between the European Union and NATO for the use of NATO assets and capabilities for European Security and Defence Policy military operations. My Government supported, and British personnel participated in, the first three European Security and Defence Policy operations: a police mission in Bosnia and military crisis management operations in Macedonia and the Democratic Republic of Congo.

The Millennium Development Goals remained at the forefront of my Government's commitment to global poverty reduction. My Government has worked with partners in the UN, the G8 and other bodies to make progress towards these goals, particularly by ensuring support for developing countries' own plans such as the New Partnership for Africa's Development.

My Lords and Members of the House of Commons

I pray that the blessing of Almighty God may attend you.

After which the Lord Chancellor said:

My Lords and Members of the House of Commons,

By virtue of Her Majesty's Commission which has now been read we do, in Her Majesty's name, and in obedience to Her Majesty's Commands, prorogue this Parliament to Wednesday the twenty-sixth day of this instant November, to be then here holden, and this Parliament is accordingly prorogued to Wednesday the twenty-sixth day of November.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Negative Resolution:

1Civil Aviation,—Air Navigation (Amendment) (No. 2) Order 2003 (S.I., 2003, No. 2905), dated 13th November 2003 [by Act] [Mr Secretary Darling].

2Energy,—Sustainable Energy (CHP Provisions) Order 2003 (S.I., 2003, No. 2987), dated 19th November 2003 [by Act] [Secretary Margaret Beckett].

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3Ministers of the Crown,—Transfer of Functions (European Parliamentary Pay and Pensions) Order 2003 (S.I., 2003, No. 2922), dated 13th November 2003 [by Act] [Mr Douglas Alexander].

4Parliamentary Commissioner,—Parliamentary Commissioner Order 2003 (S.I., 2003, No. 2921), dated 13th November 2003 [by Act] [Mr Douglas Alexander].

5Veterinary Surgeons,—Veterinary Surgeons' Qualifications (European Recognition) Order 2003 (S.I., 2003, No. 2919), dated 13th November 2003 [by Act] [Secretary Margaret Beckett].

Other Papers:

6Chiropractors,—Financial Statements of the General Chiropractic Council for the year ended 31st July 2003 [by Act] [Mr Christopher Leslie].

7National Audit,—Report by the Comptroller and Auditor General on Making a difference: Performance of maintained secondary schools in England [by Act]; to be printed [No. 1332] [Clerk of the House].

8Parliamentary Papers,—Alphabetical index to the Bills, House of Commons Papers and Command Papers in the House of Commons set of parliamentary papers with notes on the volume arrangement and summary of legislation, Session 2002–03, Fifty-third Parliament, Second Session, 51st and 52nd Elizabeth II, 13th November 2002 to 20th November 2003; to be printed [No. 1347] [The Speaker].

APPENDIX II

Reports from Select Committees

1Office of the Deputy Prime Minister: Housing, Local Government and the Regions,—Minutes of Evidence taken before the Office of the Deputy Prime Minister: Housing, Local Government and the Regions Committee [The Fire Service]; to be printed [No. 1168-v] [Andrew Bennett].

2Treasury,—Minutes of Evidence taken before the Treasury Committee [Bank of England November 2003 Inflation Report]; to be printed [No. 1337] [Mr John McFall].


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