Main Business |
| + 3 | HUNTING BILL (PROCEDURE)
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| Mr Peter Hain
Mr Alun Michael
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| That the following provisions shall have effect in relation to the Hunting Bill—
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| 1. Proceedings on Second Reading shall be brought to a conclusion, unless already concluded, five hours after the commencement of proceedings on the Motion for this Order.
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| 2. At the conclusion of proceedings on Second Reading—
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| (1) the Bill shall be treated as having been committed to a Committee of the whole House and as having been reported from the Committee without amendment, and
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| (2) the House shall proceed to consider any Motion standing in the name of a Minister of the Crown under section 2(4) of the Parliament Act 1911 for a suggested amendment to the Bill.
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| 3. Proceedings on that Motion shall be brought to a conclusion, unless already concluded, three hours after their commencement (for which purpose the Speaker shall put only the Question on any amendment of the Motion selected by him and the Question on the Motion).
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| 4. Proceedings on Third Reading—
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| (1) may be taken immediately after the conclusion of proceedings on the Motion mentioned in paragraphs 2(2) and 3, and
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| (2) shall be brought to a conclusion half an hour after their commencement.
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| 5. No motion may be made to recommit the Bill.
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| 6. In relation to the proceedings mentioned in paragraphs 1 to 4 above—
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| (1) Standing Order No. 15(1) shall apply,
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| (2) the proceedings shall not be interrupted under any Standing Order relating to the sittings of the House,
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| (3) the Orders of the House of 28th June 2001 and 6th November 2003 relating to deferred Divisions shall not apply,
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| (4) the proceedings shall not be interrupted by a Motion for the adjournment of the House under Standing Order No. 24 (and any such Motion shall stand over until the conclusion of such of the proceedings mentioned in paragraphs 1 to 4 as are to be taken at the sitting concerned),
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| (5) no dilatory motion may be made except by a Minister of the Crown,
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| (6) the Question on any dilatory motion made by a Minister of the Crown shall be put forthwith, and
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| (7) if the House is adjourned or the sitting is suspended during the course of the proceedings, no notice shall be required of a Motion made by a Minister of the Crown at the next sitting of the House varying or supplementing the provisions of this Order.
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| 7. The Question on any Motion varying or supplementing the provisions of this Order (whether by making provision about Lords messages or otherwise) shall be put forthwith.
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| As Amendments to Mr Peter Hain's proposed Motion (Hunting Bill (Procedure)):—
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| |
| (f)
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| Line 4, leave out `five' and insert `ten'.
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| Mr Michael Howard
Mr Oliver Heald
Dr Julian Lewis
Mr Jonathan Djanogly
Mr Dominic Grieve
David Maclean
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| (a)
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| Line 4, leave out from `after' to end of paragraph and insert `their commencement'.
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| Mr Michael Howard
Mr Oliver Heald
Dr Julian Lewis
Mr Jonathan Djanogly
Mr Dominic Grieve
David Maclean
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| (b)
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| Line 6, leave out from `Reading' to end of paragraph 3 and insert `the Bill shall be committed to a Committee of the whole House.
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| 2A. When the Bill has been reported from the Committee without amendment, or at the conclusion of proceedings on consideration, whichever the case may be, the House shall proceed to consider any Motions under section 2(4) of the Parliament Act 1911 for suggested amendments to the Bill.'.
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| Mr Douglas Hogg
Mr Crispin Blunt
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| (g)
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| Line 7, leave out from `be' to end of line 9 and insert `committed to a Committee of the whole House, and shall not be considered by that Committee until at least 10 sitting days shall have elapsed from the conclusion of the proceedings on Second Reading, and'.
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| |
| (h)
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| Line 10, at beginning insert `Not sooner than 14 sitting days from the conclusion of proceedings on Second Reading,'.
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| |
| (i)
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| Line 10, leave out `shall' and insert `may'.
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| Mr Michael Howard
Mr Oliver Heald
Dr Julian Lewis
Mr Jonathan Djanogly
Mr Dominic Grieve
David Maclean
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| (n)
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| Line 10, leave out from `any' to `under' in line 11 and insert `Motions'.
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| Mr Michael Howard
Mr Oliver Heald
Dr Julian Lewis
Mr Jonathan Djanogly
Mr Dominic Grieve
David Maclean
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| (o)
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| Line 11, leave out `a suggested amendment' and insert `suggested amendments'.
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| Mr Michael Howard
Mr Oliver Heald
Dr Julian Lewis
Mr Jonathan Djanogly
Mr Dominic Grieve
David Maclean
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| (p)
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| Line 13, leave out `that Motion' and insert `those Motions'.
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| |
| (j)
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| Line 14, leave out `three' and insert `five'.
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| Mr Michael Howard
Mr Oliver Heald
Dr Julian Lewis
Mr Jonathan Djanogly
Mr Dominic Grieve
David Maclean
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| (c)
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| Line 19, leave out `Motion mentioned in paragraphs 2(2) and 3' and insert `Motions mentioned in paragraph 2A'.
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| Mr Michael Howard
Mr Oliver Heald
Dr Julian Lewis
Mr Jonathan Djanogly
Mr Dominic Grieve
David Maclean
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| (q)
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| Line 19, leave out `Motion' and insert `Motions'.
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| Mr Michael Howard
Mr Oliver Heald
Dr Julian Lewis
Mr Jonathan Djanogly
Mr Dominic Grieve
David Maclean
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| (d)
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| Line 20, leave out `half an' and insert `one'.
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| |
| (k)
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| Line 20, leave out `half an hour' and insert `five hours'.
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| Mr Douglas Hogg
Mr Crispin Blunt
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| (l)
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| Line 20, at end insert `, but proceedings on Third Reading shall not be taken unless there shall then be standing on the Order Paper in the name of a Minister of the Crown a motion to provide for compensation for those who can prove that as a result of the provisions in the Bill when implemented they have lost their home or their employment or have suffered financial loss.'.
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| Mr Michael Howard
Mr Oliver Heald
Dr Julian Lewis
Mr Jonathan Djanogly
Mr Dominic Grieve
David Maclean
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| (e)
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| Line 32, leave out sub-paragraphs (5) and (6).
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| Mr Douglas Hogg
Mr Crispin Blunt
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| (m)
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| `8. Only those Members who represent constituencies in England and Wales may participate in divisions on the Second and Third Readings of the Bill, and only such Members may participate in any division relating to a Motion referred to in paragraph 2(2) or in any divisions as to the content of the Bill.'.
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| Debate may continue until any hour, if the 7.00 p.m. Business Motion is agreed to.
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| At 7.00 p.m.
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| + | BUSINESS OF THE HOUSE [No debate]
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| |
| That, at this day's sitting, proceedings on the Hunting Bill (Procedure) Motion in the names of Mr Peter Hain and Alun Michael may be proceeded with, though opposed, until any hour.
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| To be decided without debate (Standing Order No. 15).
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| + | DEFERRED DIVISIONS [No debate]
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| |
| That, at this day's sitting, the Orders of the House of 28th June 2001 and 6th November 2003 relating to deferred Divisions shall not apply to the Questions on the Hunting Bill (Procedure) Motion, in the name of Mr Peter Hain and Alun Michael.
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| To be decided without debate (Paragraph 3 of Orders of 28th June 2001 and 6th November 2003 relating to deferred Divisions).
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| + 4 | HUNTING BILL: Second Reading. (Queen's Consent and Prince of Wales's Consent to be signified on Third Reading.)
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| Lembit Öpik
Kate Hoey
Mr Barry Sheerman
Mr Mark Fisher
Mr Simon Thomas
Mr Peter Luff
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| | Mr Douglas Hogg Mr Crispin Blunt |
| That this House declines to give a Second Reading to the Hunting Bill because new scientific research shows much higher rates of wounding in foxes that are shot than previous figures had indicated; because approximately 15,000 horses will become `unwanted' and will overwhelm the existing market for horses, and because a large proportion of up to 400,000 dogs used for hunting will be destroyed or abandoned; because the Bill is inconsistent in that it is selective, in permitting the hunting of rodents and rabbits with dogs, and because it does not provide protection for all wild mammals from undue suffering in all circumstances in line with the domestic animal protection laws and the draft Animal Welfare Bill; and, for all these reasons, believes that the Bill will increase animal suffering, not reduce it.
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| Mr Simon Thomas
Hywel Williams
Mr Elfyn Llwyd
Adam Price
Mr Douglas Hogg
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| That this House declines to give a Second Reading to the Hunting Bill because the matter of hunting with hounds in Wales should be decided upon by the National Assembly for Wales, as has been clearly expressed by the said National Assembly.
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| Mr James Gray
Mr James Paice
Mr Hugo Swire
Mr Adrian Flook
Mr Nicholas Soames
Mr Douglas Hogg
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| | Mr Peter Atkinson [R] |
[R] Relevant registered interest declared.
| That this House declines to give a Second Reading to the Hunting Bill which is an unwelcome diversion from important matters of grave concern to the people of England and Wales; which contradicts the conclusions of the Government's Burns Report and the Portcullis House hearings; which will lead to an unwelcome diversion of policing resources to a matter of peripheral importance to most sensible people; which will be against the welfare of hunted species by increasing the use of alternative and indiscriminate controls; and which by removing the individual's right to choose diminishes the freedom of our citizens and our tolerance of the views of others.
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| Debate may continue for up to five hours from the commencement of proceedings on the Hunting Bill (Procedure) Motion, if that Motion is agreed to.
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| Third Reading may also be taken.
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| + 5 | HUNTING BILL (COMMONS' SUGGESTED AMENDMENTS)
[Up to 3 hours]
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| To move, That, pursuant to section 2(4) of the Parliament Act 1911, this House suggests to the Lords the following Amendment to the Hunting Bill—
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| Leave out Clause 15 and insert the following new Clause—
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| (1) The following provisions of this Act shall come into force at the end of the period of two years beginning with the date on which it is passed—
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| (b) Part 2 in so far as it relates to sections 1 to 4,
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| (c) sections 11 to 14 in so far as they relate to sections 1 to 4,
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| (e) Schedules 2 and 3, except in so far as they change the law in relation to an activity to which section 5 applies.
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| (2) The following provisions of this Act shall come into force at the end of the period of three months beginning with the date on which it is passed—
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| (b) Part 2 in so far as it relates to section 5,
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| (c) sections 11 to 13 in so far as they relate to section 5, and
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| (d) Schedules 2 and 3 in so far as they change the law in relation to an activity to which section 5 applies.'.
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| As Amendments to Alun Michael's proposed Motion (Hunting Bill (Commons' Suggested Amendments):
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| Mr Tony Banks
Mr Michael Foster (Worcester)
Peter Bradley
David Winnick
Chris Bryant
Mr Andrew Miller
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Mr George Howarth
Jim Knight
Ms Candy Atherton
Valerie Davey
Dr Alan Whitehead
Mr Mike Hall
Paddy Tipping
Mr Ian Cawsey
Jon Trickett
Mr Dave Watts
Mrs Jackie Lawrence
Linda Gilroy
David Cairns
Mr Kevin Hughes
Brian White
John Cryer
Mike Gapes
Kevin Brennan
Siobhain McDonagh
Hugh Bayley
Linda Perham
Martin Linton
Anne Picking
Jim Sheridan |
Mr John Grogan
Mr Bob Laxton
Mr Win Griffiths
Rosemary McKenna
Mr Huw Edwards
Mr John Smith
Mr Neil Turner
Mr Gordon Marsden
Mr Colin Pickthall
Mr Eric Martlew
Mr Edward O'Hara
Geraint Davies
Mrs Helen Clark
Mr Brian Sedgemore
Helen Jackson
Mr Terry Rooney
Clive Efford
Mr George Mudie
Andrew Bennett
Mr Andy Reed
Syd Rapson
Mr Graham Allen
Mr John McFall
Mr Robert N. Wareing |
Mr Keith Bradley
Jim Dobbin
Mr Ivan Henderson
Mr Anthony D. Wright
Mr Andrew Love
Mr Martin Salter
Mr Colin Challen
Andy Burnham
Dr Nick Palmer
Mrs Liz Blackman
Mr Shaun Woodward
David Wright
Patrick Hall
Chris Mole
Stephen Hesford
Jim Dowd
Phil Sawford
Andy King
Mr Bill Olner
Mr Malcolm Savidge
Mr Clive Betts
Mr Kelvin Hopkins
Andrew George |
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| (d)
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| Line 5, leave out from `force' to end of line 6 and insert `on 31st July 2006'.
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| Lembit Öpik
Kate Hoey
Mr Barry Sheerman
Mr Mark Fisher
Mr Elfyn Llwyd
Mr Peter Luff
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Mr Austin Mitchell
Mrs Angela Browning | Dr Julian Lewis
Mrs Gwyneth Dunwoody | Ann Winterton |
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| (a)
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| Line 6, leave out `two' and insert `seven'.
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| Lembit Öpik
Mr Peter Luff
Mr Barry Sheerman
Mr Mark Fisher
Kate Hoey
Mr Elfyn Llwyd
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| |
| Line 6, leave out `two' and insert `four'.
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| Lembit Öpik
Kate Hoey
Mr Barry Sheerman
Mr Mark Fisher
Mr Elfyn Llwyd
Mr Peter Luff
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| | Dr Julian Lewis
Mr Austin Mitchel
Mrs Angela Browning
Mrs Gwyneth Dunwoody
Ann Winterton
Mr Crispin Blunt |
Mr James Gray
Mr A. J. Beith
Mr John Gummer
Mr James Paice
Mr David Curry |
Mr Kenneth Clarke
Mr Michael Jack
Mr Simon Thomas
Mr Roger Williams
Matthew Green |
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| Line 6, leave out `two' and insert `five'.
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| Sir Gerald Kaufman
Claire Ward
Mrs Anne Campbell
Mrs Betty Williams
Julie Morgan
Mr Martin Caton
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| (b)
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| Line 6, leave out `two years' and insert `one year'.
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| Mr Douglas Hogg
Mr James Gray
Mr Crispin Blunt
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| (c)
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| `(3) None of the provisions of this Act shall come into force unless at the date when otherwise they would come into force provision shall have been made for the payment of compensation to those who can prove that as a result of this Act they either have lost or will lose their home or their employment or have suffered or will suffer financial loss.
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| (4) None of the provisions of this Act shall come into force if at the date when otherwise they would come into force there are proceedings before any court of competent jurisdiction to determine the legality or lawfulness of this Act or its compatibility with Convention Rights as defined by section 1 of the Human Rights Act 1998; and if after the commencement of this Act any such proceedings are commenced the provisions of this Act shall cease to have effect until those proceedings have been finally disposed of.'.
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| Debate may continue for up to three hours, if the Hunting Bill (Procedure) Motion is agreed to.
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| 6 | HUNTING BILL (COMMONS' SUGGESTED AMENDMENTS) (No. 2)
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| Mr Simon Thomas
Hywel Williams
Mr Elfyn Llwyd
Adam Price
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| To move, That, pursuant to section 2(4) of the Parliament Act 1911, this House suggests to the Lords the following amendments to the Hunting Bill—
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| After Clause 5, insert the following new Clause—
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| In the exercise of any function conferred under or by virtue of this Part, when applied in Wales, for any reference to "the Secretary of State" there will be substituted "the National Assembly for Wales".'.
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| Clause 2, page 1, line 8, at beginning insert `As regards England'.
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| Clause 2, page 1, line 9, at end insert—
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| `(3) As regards Wales, the National Assembly for Wales may by order amend Schedule 1 so as to vary a class of exempt hunting.'.
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| Clause 14, page 5, line 10, at end insert—
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| `( ) As regards Wales, an order of the Secretary of State or the National Assembly for Wales under this Act may not be made unless a draft has been laid before and approved by resolution of the National Assembly for Wales.'.
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| Clause 14, page 5, line 2, after `State', insert `or the National Assembly for Wales'.
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| 7 | HUNTING BILL (COMMONS' SUGGESTED AMENDMENTS) (No. 3)
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| To move, That, pursuant to section 2(4) of the Parliament Act 1911, this House suggests to the Lords the following amendment to the Hunting Bill—
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| Schedule 1, page 6, line 36, leave out `two' and insert `twenty'.
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| 8 | HUNTING BILL (COMMONS' SUGGESTED AMENDMENTS) (No. 4)
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| Mr James Gray
Mr James Paice
Mr Hugo Swire
Mr Adrian Flook
Mr Nicholas Soames
Mr Douglas Hogg
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| | Mr Peter Atkinson [R] Mr Crispin Blunt |
| To move, That, pursuant to section 2(4) of the Parliament Act 1911, this House suggests to the Lords the following amendments to the Hunting Bill—
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| Clause 1, page 1, line 4, after `he', insert `intentionally'.
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| Clause 4, page 1, line 18, at end insert—
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| `(2) A person does not commit an offence under section 1 if he hunts a wild mammal with a dog and his hunting of that mammal began in Scotland under the provisions of the Protection of Wild Mammals (Scotland) Act 2001 and that hunting in England was only incidental in the course of a hunt which begins and ends in Scotland.'.
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| Clause 11, page 4, line 28, at end insert—
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| (5) For the purposes of this Act, a dog is under "sufficiently close control" if—
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| (a) the person responsible for the dog is able to direct the dog's activity by physical contact or verbal or audible command; or
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| (b) the dog is carrying out a series of actions appropriate to the activity undertaken, having been trained so to do.'.
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| Clause 11, page 4, line 28, at end insert—
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| `(6) For the purposes of this Act "cover" includes enclosed areas above and below ground, areas of woodland, areas of dense vegetation, drains, ditches, grassland, moorland, enclosed spaces within rocks, and earths.'.
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| Schedule 1, page 7, line 15, leave out from `(c. 69))' to end of line 16 and insert `or livestock or fish stocks, or to locate and despatch orphaned cubs.'.
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| Schedule 1, page 7, line 42, after `dog' insert—
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| `(da) in the case of fox cubs which the hunter reasonably believes are not capable of fending for themselves because their mother is dead or seriously injured, reasonable steps are taken for the purpose of ensuring that the cubs are killed as quickly and humanely as possible,'.
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| Schedule 1, page 9, line 6, after `be', insert `orphaned or'.
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| Schedule 1, page 9, line 43, at end insert—
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| `Killing of wild mammal by dog during exempt hunting
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| 10. Where a person is using a dog in accordance with the provisions for exempt hunting, that person does not commit an offence if a wild mammal in the course of that activity is killed by a dog, so long as the person in charge of the dog has taken all reasonable steps to comply with the provisions of this Schedule.'.
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| Schedule 1, page 9, line 43, at end insert—
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| (11) A person does not contravene section 1 where a dog for which that person is responsible chases or pursues a wild mammal and where the person's principal purpose for having that dog in that place is to provide the dog with exercise or other benefits of access to an outdoor area, provided that he takes such steps as he can to bring that dog under control as soon as possible.'.
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| After Clause 14, insert the following new Clause:—
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| (1) The Secretary of State shall by order make a scheme for the making of payments to persons—
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| (a) whose business or employment is materially affected (whether by a reduction in profits or the incurring of losses) by reason of the enactment or coming into force of this Act, or
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| (b) who are deprived of any services previously provided by hunts and as a result incur and are materially affected by costs, expenses or losses which would not have been incurred but for the enactment or coming into force of the Schedule to this Act.
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| (2) A scheme shall, in particular, specify—
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| (a) the manner in which losses, costs, expenses or reductions in profits may be calculated, and
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| (b) the evidence which may be reasonably required to show the losses, costs, expenses or reductions in profits calculated in accordance with this paragraph.
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| (3) A scheme shall also, in particular—
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| (a) specify the basis of valuation for determining losses,
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| (b) specify the amounts of the payments to be made or the basis on which such amounts are to be calculated,
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| (c) provide for the procedure to be followed (including the time within which claims must be made and the provision of information) in respect of claims under the scheme and for the determination of such claims.
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| (4) Before making a scheme under this section, the Secretary of State shall consult such persons as appear to him to be likely to be entitled to payments under such a scheme and such organisations as appear to him to represent such persons.
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| (5) Subsection (6) applies to any dispute as to a person's entitlement to payments under a scheme or the amounts of any such payments which—
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| (a) have not been resolved within nine months of the day on which the original decision as to entitlement or amounts was notified in writing to the person concerned by the Secretary of State, and
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| (b) have not been referred by agreement to arbitration.
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| (6) The dispute shall be referred by the Secretary of State to such appellate body as he deems appropriate by order.
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| (7) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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| "losses" includes losses of income and losses of capital;
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| "materially affected" means a reduction in profit or the incurring of losses, costs or expenses which may be measured by ordinary principles of commercial accountancy.'.
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| At the end of the sitting:
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| 9 | ADJOURNMENT
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| Proposed subject: Commission for Social Care Inspection (Mr James Plaskitt).
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| Debate may continue until 7.30 p.m. or for half an hour, whichever is later (Standing Order No. 9 and Order of 29th October 2002).
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