Session 2003-2004

Commons Journal 260

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


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[No. 15.]

Monday 5th January 2004.

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

PRAYERS.

1Traffic Management Bill,—The Order of the day being read, for the Second Reading of the Traffic Management Bill;

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

An Amendment was proposed to the Question, to leave out from the word ‘That' to the end of the Question and add the words ‘this House declines to give a Second Reading to the Traffic Management Bill because it fails to address the most serious reasons for congestion, concentrating instead on street works, which cause only 10 per cent. of delays; diminishes local authority autonomy by giving the Secretary of State reserve powers over local traffic issues; and imposes an over-bureaucratic traffic management system', instead thereof.—(Mr Damian Green.)

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

The House divided.

Tellers for the Ayes, Hugh Robertson, Mr Mark Francois: 126.

Tellers for the Noes, Charlotte Atkins, Jim Fitzpatrick: 362.

So the Question was negatived.

And the Main Question being put forthwith, pursuant to Standing Order No. 62 (Amendment on second or third reading):—It was agreed to.

The Bill was accordingly read a second time.

2Traffic Management Bill (Programme),—A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 6th November 2003 (Programming of Bills)], That the following provisions shall apply to the Traffic Management Bill:

Committal

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

Proceedings in Standing Committee

2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 12th February.

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

Consideration and Third Reading

4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

6. Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Other proceedings

7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further message from the Lords) may be programmed—(Jim Fitzpatrick);

The House divided.

Tellers for the Ayes, Jim Fitzpatrick, Charlotte Atkins: 357.

Tellers for the Noes, Hugh Robertson, Mr Mark Francois: 128.

So the Question was agreed to.

3Traffic Management Bill [Money],—Her Majesty's Recommendation having been signified to the proposed Motion relating to Traffic Management Bill [Money];

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

(1) any expenditure incurred by the Secretary of State in respect of—

(a) traffic officers designated under the Act;

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(b) the establishment and operation of regional centres for the management of traffic on the network of roads for which the Secretary of State is the traffic authority;

(c) the provision, for purposes connected with the management of traffic on that road network, of information or advice to the public; or

(d) other activities carried out for purposes connected with the management of traffic on that road network;

(2) any other expenditure incurred by the Secretary of State in consequence or by virtue of the Act;

(3) any increase attributable to the Act in the sums payable out of money so provided by virtue of any other Act—(Mr Bob Ainsworth):—It was agreed to.

4Traffic Management Bill [Ways and Means],—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Traffic Management Bill, it is expedient to authorise—

(1) the charging of fees in relation to permits issued, or applications for permits to be issued, under permit schemes;

(2) the payment of sums by undertakers who are required to carry out, or to contribute to the cost of carrying out, re-surfacing works in a street;

(3) the charging of sums in relation to the temporary occupation of the highway—(Mr Bob Ainsworth):—It was agreed to.

5Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—Ordered, That Mr John Bercow and Mr Gary Streeter be discharged from the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee and Mrs Eleanor Laing and Mr Graham Brady be added.—(Mr John McWilliam, on behalf of the Committee of Selection.)

6Constitutional Affairs,—Ordered, That Mr Mark Field be discharged from the Constitutional Affairs Committee and Andrew Rosindell be added.—(Mr John McWilliam, on behalf of the Committee of Selection.)

7Adjournment,—Resolved, That this House do now adjourn.—(Charlotte Atkins.)

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

[Adjourned at 10.57 p.m.


APPENDIX I

Papers presented or laid upon the Table:

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

Friday 19th December 2003

1Culture, Media and Sport,—Department for Culture, Media and Sport: Autumn Performance Report 2003 [by Command] [Cm. 6095] [Secretary Tessa Jowell].

2Treaty Series (No. 51, 2003),—Agreement, done at Washington on 1st October 2003, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America concerning the use of Wideawake Airfield on Ascension Island by Civil Aircraft not engaged in Scheduled International Air Services [Cm. 6087] [Mr Secretary Straw].

Friday 2nd January 2004

3Russian Federation (No. 1, 2004),—Supplementary Agreement, done at London on 26th June 2003, to the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Russian Federation on Cooperation in the Peaceful Uses of Nuclear Energy of 3rd September 1996 [Cm. 6096] [Mr Secretary Straw].

4Treaty Series (No. 1, 2004),—Amendments, adopted by the Assembly of the International Patent Corporation Union (PCT Union) at its thirty-first (18th extraordinary) session on 1st October 2002, with effect from 1st January 2004, to the Regulations under the Patent Corporation Treaty (PCT) [Cm. 6100] [Mr Secretary Straw].

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

Papers subject to Negative Resolution:

Friday 19th December 2003

5Consumer Protection,—Road Vehicles (Brake Linings Safety) (Amendment) Regulations 2003 (S.I., 2003, No. 3314), dated 18th December 2003 [Mr Secretary Darling].

6Education,—(1) Education (Funding for Teacher Training) Designation (No. 3) Order 2003 (S.I., 2003, No. 3278), and

(2) Education (Information About Individual Pupils) (England) (Amendment) Regulations 2003 (S.I., 2003, No. 3277),

dated 15th December 2003 [Mr Secretary Clarke].

7Electricity,—Electricity (Exemption from the Requirement for a Generation Licence) (No. 2) Order 2003 (S.I., 2003, No. 3318), dated 17th December 2003 [Ms Secretary Hewitt].

8Environmental Protection,—Greenhouse Gas Emissions Trading Scheme Regulations 2003 (S.I., 2003, No. 3311), dated 18th December 2003 [Secretary Margaret Beckett].

9Land Registration,—Land Registry (Fees) Order (Northern Ireland) 2003 (S.R. (N.I.), 2003, No. 506), dated 3rd December 2003 [Mr Secretary Murphy].

10Medicines,—Animal Test Certificates (Revocation) Regulations 2003 (S.I., 2003, No. 3309), dated 18th December 2003 [Secretary Margaret Beckett].

11Road Traffic,—Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2003 (S.I., 2003, No. 3313), dated 18th December 2003 [Mr Secretary Darling].

12Tax Credits,—Tax Credits (Provision of Information) (Evaluation and Statistical Studies) Regulations 2003 (S.I., 2003, No. 3308), dated 18th December 2003 [Dawn Primarolo].

Monday 22nd December 2003

13Criminal Law,—Criminal Justice (Sentencing) (Licence Conditions) Order 2003 (S.I., 2003, No. 3337), dated 20th December 2003 [Mr Secretary Blunkett].

14European Communities,—European Communities (Enforcement of Community Judgements) (Amendment) Order 2003 (S.I., 2003, No. 3204), dated 10th December 2003 [Ms Secretary Hewitt].

15Food,—Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003 (S.I., 2003, No. 3207), dated 8th December 2003 [Mr Secretary Reid].

16Ministers of the Crown,—Transfer of Functions (Children, Young People and Families) Order 2003 (S.I., 2003, No. 3191), dated 10th December 2003 [Mr Christopher Leslie].

17Prisons,—Prison (Amendment) Rules 2003 (S.I., 2003, No. 3301), dated 17th December 2003 [Mr Secretary Blunkett].

Tuesday 23rd December 2003

18Food,—Miscellaneous Food Additives (Amendment) (England) (No. 2) Regulations 2003 (S.I., 2003, No. 3295), dated 15th December 2003 [Mr Secretary Reid].

19Housing,—Homelessness (Suitability of Accommodation) (England) Order 2003 (S.I., 2003, No. 3326), dated 19th December 2003 [Mr Secretary Prescott].

20Legal Services,—Conditional Fee Agreements (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I., 2003, No. 3344), dated 17th December 2003 [Mr David Lammy].

21Magistrates' Courts,—Register of Fines Regulations 2003 (S.I., 2003, No. 3184), dated 17th December 2003 [Mr Christopher Leslie].

Papers presented or laid upon the Table on Monday 5th January 2004:

Papers subject to Negative Resolution:

22Insolvency,—Insolvency Practitioners and Insolvency Services Account (Fees) Order 2003 (S.I., 2003, No. 3363), dated 30th December 2003 [by Act] [Ms Secretary Hewitt].

Other Papers:

23Agricultural Marketing,—Report of the Agricultural Marketing Schemes for 2001–02 [by Act] [Secretary Margaret Beckett].

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24European Union,—Paper, entitled Developments in the European Union: January–June 2003: The Greek Presidency [by Command] [Cm. 6097] [Mr Secretary Straw].

25National Audit,—Report by the Comptroller and Auditor General on Refinancing the Public Private Partnership for National Air Traffic Services [by Act]; to be printed [No. 157] [Clerk of the House].

26Public Petitions,—Observations by the Secretary of State for Trade and Industry on the Petition [13th November, in the last Session of Parliament] from residents of Romford and the Collier Row area for measures to ban the sale of display fireworks to the general public and the import and sale of fireworks not complying with British Standards [by Standing Order]; to be printed [Clerk of the House].

APPENDIX II

Standing Committees

1Child Trust Funds Bill,—The Committee of Selection has discharged Ross Cranston from Standing Committee A (nominated in respect of the Bill); and nominated in substitution Mr Russell Brown.

2Child Trust Funds Bill (Programming Sub-Committee),—The Speaker has appointed Mr George Osborne in place of Mr Paul Goodman as a member of the Programming Sub-Committee of Standing Committee A in respect of the Bill.


[No. 16.]

Tuesday 6th January 2004.

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

PRAYERS.

1National Insurance Contributions and Statutory Payments Bill,—The National Insurance Contributions and Statutory Payments Bill was, according to Order, read a second time.

2National Insurance Contributions and Statutory Payments Bill (Programme),—A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 6th November 2003 (Programming of Bills)], That the following provisions shall apply to the National Insurance Contributions and Statutory Payments Bill:

Committal

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

Standing Committee

2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 15th January 2004.

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

Consideration and Third Reading

4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which proceedings on consideration are commenced.

6. Sessional Order B (programming committees) made by the House on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Other proceedings

7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further message from the Lords) may be programmed—(Paul Clark);

The House divided.

Tellers for the Ayes, Gillian Merron, Paul Clark: 306.

Tellers for the Noes, Gregory Barker, Mr Mark Field: 145.

So the Question was agreed to.

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3Charities,—Ordered, That the draft Charities (Alexandra Park and Palace) Order 2003 be referred to a Standing Committee on Delegated Legislation.—(Gillian Merron.)

4Adjournment,—Resolved, That this House do now adjourn.—(Gillian Merron.)

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

[Adjourned at 5.26 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Other Papers:

1Human Fertilisation and Embryology,—Human Fertilisation and Embryology Authority Code of Practice 6th Edition [by Act] [Mr Secretary Reid].

2Public Petitions,—Observations by the Secretary of State for Transport on the Petition [9th December 2003] from citizens of the United Kingdom for the protection of ancient woodlands from damage by airport expansion [by Standing Order]; to be printed [Clerk of the House].

3School Standards and Framework,—Accounts of—

(1) Coventry Education Action Zone,

(2) Kent and Somerset Education Action Zone,

(3) Kingston-upon-Hull Education Action Zone,

(4) Plymouth Education Action Zone,

(5) Stoke Education Action Zone,

(6) Thetford Education Action Zone, and

(7) Wednesbury Education Action Zone,

for 2002–03, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 162, 163, 164, 165, 166, 167 and 168] [Clerk of the House].

APPENDIX II

Reports from Select Committees

1International Development,—Minutes of Evidence taken before the International Development Committee [Migration and Development]; to be printed [No. 79-iii] [Tony Baldry].

2Trade and Industry,—Minutes of Evidence taken before the Trade and Industry Committee [Support to businesses from Regional Development Agencies]; to be printed [No. 118-ii] [Mr Martin O'Neill].

3Welsh Affairs,—(1) First Report from the Welsh Affairs Committee [The Empowerment of Children and Young People in Wales], together with Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 177]; and

(2) Second Report from the Committee [Work of the Committee in 2003]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 178]

[Mr Martyn Jones].


CHAIRMEN'S PANEL

 In pursuance of Standing Order No. 4 (Chairmen's Panel), the Speaker nominated Janet Anderson to be a member of the Chairmen's Panel during the present Session of Parliament.

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[No. 16; WH, No. 6.]

Tuesday 6th January 2004.

The House sitting in Westminster Hall

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

Adjournment,—Resolved, That the sitting be now adjourned.—(Mr John Heppell.)

And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 4.28 p.m.


[No. 17.]

Wednesday 7th January 2004.

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

PRAYERS.

1London Local Authorities Bill [Lords],—A Motion was made, and the Question being proposed, That the promoters of the London Local Authorities Bill [Lords] may, notwithstanding anything in the Standing Orders or practice of this House, proceed with the Bill in the present Session; and the Petition for the Bill shall be deemed to have been deposited and all Standing Orders applicable to it shall be deemed to have been complied with;

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

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

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

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

And objection being taken to further proceedings, the Debate stood adjourned.

Ordered, That the Debate be resumed on Wednesday 14th January.

2First Standing Committee on Delegated Legislation,—Mr Alan Hurst reported from the First Standing Committee on Delegated Legislation the draft Solvent Emissions (England and Wales) Regulations 2004.

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

3Civil Contingencies Bill,—Mr Douglas Alexander, supported by Mr Chancellor of the Exchequer, Mr Secretary Blunkett, Mr Secretary Murphy, Mr Peter Hain, Mr Adam Ingram and Mr John Hutton, presented a Bill to make provision about civil contingencies: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 14].

Ordered, That the Explanatory Notes relating to the Civil Contingencies Bill be printed [Bill 14–EN].

4Sustainable and Secure Buildings Bill,—Mr Andrew Stunell, supported by Sir Sydney Chapman, Sir Nicholas Winterton, Alan Simpson, Joan Walley, Brian White, Mr Simon Thomas, Sue Doughty, Mrs Patsy Calton, Mr Peter Ainsworth, Paddy Tipping and Mr David Amess, presented a Bill to make provision in relation to matters connected with buildings: And the same was read the first time; and ordered to be read a second time on Friday 30th January and to be printed [Bill 15].

5Carers (Equal Opportunities) Bill,—Dr Hywel Francis, supported by Tony Baldry Mr Roy Beggs, Mr Roger Berry, Mr Paul Burstow, Mr Tom Clarke, Mr Huw Edwards, Mr David Hinchliffe, Anne Picking, David Taylor, Mrs Betty Williams and Hywel Williams, presented a Bill to make provision about life-long learning for, and the employment of, carers; to place duties on local authorities and health bodies in respect of carers; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 6th February and to be printed [Bill 16].

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6Gangmasters (Licensing) Bill,—Jim Sheridan, supported by Mr John Lyons, Anne Picking, Mr Mark Simmonds, David Hamilton, Mr Iain Luke and Mr John MacDougall, presented a Bill to make provision for the licensing of gangmasters; to make further provision concerning the enforcement of legislation relating to gangmasters; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 27th February and to be printed [Bill 17].

7Promotion of Volunteering Bill,—Mr Julian Brazier, supported by Mr Iain Duncan Smith, Mr Bruce George, Mr Chris Smith, Mr Tim Boswell, Mr John Burnett, Mrs Gwyneth Dunwoody, Mr Nick Hawkins, Charles Hendry, Mr Jimmy Hood, Mr Lindsay Hoyle and Mr Ian Taylor, presented a Bill to make provision for volunteering and voluntary organisations; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 5th March and to be printed [Bill 18].

8Cardiac Risk in the Young (Screening) Bill,—Ms Dari Taylor, supported by Jim Dobbin, Mr Kevan Jones, Shona McIsaac, Mr David Drew, Ms Meg Munn, Andy Burnham, Jean Corston, Dr Julian Lewis, Mr Eric Pickles, Dr Vincent Cable and Mr Nigel Jones, presented a Bill to make provision about screening for conditions leading to sudden cardiac death in the young; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 12th March and to be printed [Bill 19].

9Christmas Day (Trading) Bill,—Mr Kevan Jones, supported by Mr A. J. Beith, Ann Coffey, Sir Patrick Cormack, Mr David Crausby, Mrs Gwyneth Dunwoody, Mr Gerald Howarth, Helen Jones, Mr Colin Pickthall, Mark Tami, Mr Tom Watson and Sir Nicholas Winterton, presented a Bill to prohibit the opening of large shops on Christmas Day: And the same was read the first time; and ordered to be read a second time on Friday 26th March and to be printed [Bill 20].

10Protective Headgear for Young Cyclists Bill,—Mr Eric Martlew, supported by Mr Julian Brazier, Mr David Rendel, Dr Richard Taylor, Mr Keith Bradley, Mr Andrew Mitchell, Dr Howard Stoate, Mr Joe Benton, Mr Hilton Dawson, Mr Mike Hancock, Keith Vaz and Annabelle Ewing, presented a Bill to make provision for the wearing of protective headgear by children while riding cycles; to prescribe offences and penalties; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 23rd April and to be printed [Bill 21].

11Constitution for the European Union (Referendum) Bill,—Mr John Maples, supported by Mr Frank Field, Mr David Heathcoat-Amory, Kate Hoey, Mr Peter Lilley, Mr Archie Norman, Mr George Osborne, Richard Ottaway, Sir George Young, Mr Edward Garnier, Mr Andrew Tyrie and Mrs Gillian Shephard, presented a Bill to make provision for a referendum on any Treaty establishing a Constitution for the European Union; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 23rd April and to be printed [Bill 22].

12Retirement Income Reform Bill,—Mr Adrian Flook, supported by Sir John Butterfill, Mr David Curry, Mr Frank Field, Mr Edward Garnier, Steve Webb and Mr Andrew Lansley, presented a Bill to amend the law relating to the provision of retirement income in respect of private and personal pensions, annuities and defined and additional voluntary contribution pension schemes: And the same was read the first time; and ordered to be read a second time on Friday 26th March and to be printed [Bill 23].

13Referendums (Thresholds) Bill,—Mr Gordon Prentice, supported by Mr Graham Stringer, Geraldine Smith, Mr Lindsay Hoyle, Mr Ian Liddell-Grainger, Mr Nigel Evans, Mr George Howarth and Bob Russell, presented a Bill to amend the Political Parties, Elections and Referendums Act 2000 to make provision to set thresholds in respect of referendums; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 27th February and to be printed [Bill 24].

14Town and Country Planning (Enforcement Notices and Stop Notices) Bill,—Mr Eric Pickles, supported by Mr Philip Hammond, Mr Geoffrey Clifton-Brown, Mr John Hayes, Mr Robert Syms, Mr John Randall and Mr Mark Field, presented a Bill to amend the Town and Country Planning Act 1990 in respect of enforcement notices and stop notices; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 5th March and to be printed [Bill 25].

15Wild Mammals (Protection) (Amendment) (No. 2) Bill,—Lembit O­pik, supported by Kate Hoey, Mrs Gwyneth Dunwoody, Mr Austin Mitchell, Mr Barry Sheerman, Mr Peter Luff, Richard Ottaway, Mr James Gray, Mr Andrew Mitchell, Mr Roger Williams, Mr Paul Tyler and Mr Simon Thomas, presented a Bill to amend the Wild Mammals (Protection) Act 1996: And the same was read the first time; and ordered to be read a second time on Friday 6th February and to be printed [Bill 26].

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16Performance of Companies and Government Departments (Reporting) Bill,—Andy King, supported by Linda Perham, Mr Michael Meacher, Mr Martin O'Neill, Mr John McFall, Mr Barry Sheerman, Tony Baldry, Sue Doughty, Norman Baker, Mr Simon Thomas, Mr Andrew Dismore and Mr John Horam, presented a Bill to make provision for the production and publication of annual reports on the social, environmental and economic impacts and performance of companies and Government departments; to specify certain duties of directors and Ministers; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 30th January and to be printed [Bill 27].

17Property Repairs (Prohibition of Cold-calling) Bill,—Mr Andrew Robathan, supported by Mr Paul Truswell, Dr Julian Lewis, Ann Clwyd, Sir Sydney Chapman, Ann Keen and Mr James Paice, presented a Bill to make provision about cold-calling to solicit employment to undertake the laying of drives and other property repairs, maintenance and improvements: And the same was read the first time; and ordered to be read a second time on Friday 12th March and to be printed [Bill 28].

18Illegal Hare-coursing (Enforcement of Prohibition) Bill,—Hugh Robertson presented a Bill to make provision for the enforcement of the prohibition on illegal hare-coursing: And the same was read the first time; and ordered to be read a second time on Friday 12th March and to be printed [Bill 29].

19Highways (Obstruction by Body Corporate) Bill,—Mr Michael Jabez Foster, supported by Dr Desmond Turner, Norman Baker, Laura Moffatt and Mr David Lepper, presented a Bill to apply section 314 of the Highways Act 1980 to offences under sections 137 and 137ZA of that Act: And the same was read the first time; and ordered to be read a second time on Friday 6th February and to be printed [Bill 30].

20Genetically Modified Organisms Bill,—Gregory Barker, supported by Mr William Hague, Mr Peter Ainsworth, Mr John Hayes, Mr David Cameron, Tony Baldry, Mr Jonathan Sayeed, Mr Michael Meacher, Joan Ruddock, Alan Simpson, Sue Doughty and Mr Simon Thomas, presented a Bill to establish a licensing regime in the event of the release of genetically modified organisms into the environment; to establish liability for the release of genetically modified organisms into the environment and for damage caused thereby; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 26th March and to be printed [Bill 31].

21Town and Country Planning (Telecommunications Masts) Bill,—Mr Richard Spring, supported by Mr Gary Streeter, Mr Hugo Swire, Mrs Marion Roe, Mr Gerald Howarth and Mr Keith Simpson, presented a Bill to amend the law relating to telecommunications masts: And the same was read the first time; and ordered to be read a second time on Friday 5th March and to be printed [Bill 32].

22Trespassers on Land (Liability for Damage and Eviction) Bill,—Mr Gerald Howarth, supported by Mr Philip Hammond, Dr Julian Lewis, Mr Mark Todd, Mr Crispin Blunt, Mr Nick Hawkins, Mr Graham Allen, Mr Humfrey Malins, Mr James Arbuthnot and Sir George Young, presented a Bill to make a person liable for any damage caused to land, or property on that land, on which he is trespassing for the purpose of residing there; to amend the law in respect of eviction from land; to make provision for compensation; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 5th March and to be printed [Bill 33].

23Older People's Commissioners Bill,—Ian Lucas, supported by David Taylor, Mr John Horam, Mr Paul Tyler, Mr Parmjit Dhanda, Mr Roger Williams, Joan Walley, Mr Nigel Evans, Albert Owen and Gareth Thomas (Clwyd West), presented a Bill to establish Older People's Commissioners for England and Wales; to make provision for the Commissioners' duties in respect of the protection of the rights and interests of older people; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 23rd April and to be printed [Bill 34].

24Opposition Day [1st allotted day],—It being an allotted day at the disposal of the Leader of the Opposition in pursuance of Standing Order No. 14 (Arrangement of public business), the House proceeded to consider Opposition business.

Accuracy of NHS Performance Indicators,—A Motion was made, and the Question being proposed, That this House calls for an inquiry into the circumstances surrounding the decision in July 2002 to upgrade the star rating of the South Durham Health Care Trust from two stars to three following the involvement of the private office of the then Secretary of State for Health and with the knowledge of 10 Downing Street; further calls for greater transparency in the calculation and publication of performance indicators throughout the NHS; and is concerned that excessive reliance on such indicators inhibits the independence of professionals and managers and leads to distortions in the allocation of resources—(Mr Tim Yeo);

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An Amendment was proposed to the Question, in line 2, to leave out from the word ‘House' to the end of the Question and add the words ‘notes that record investment in the NHS has to be linked to reform, and that this investment and the devolution of power to the front line require greater accountability; congratulates the Government on its record of making the NHS more transparent through the development of performance indicators; welcomes the Government's development of such indicators in consultation with patients and staff; congratulates the Government on giving responsibility for NHS performance monitoring to the independent Commission for Healthcare Audit and Inspection (CHAI), which reports direct to Parliament; and welcomes CHAI's commitment to developing new and more reflective indicators in partnership with representative bodies and the NHS itself', instead thereof.—(Mr Secretary Reid.)

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

The House divided.

Tellers for the Ayes, Gregory Barker, Mr Peter Atkinson: 204.

Tellers for the Noes, Mr Fraser Kemp, Gillian Merron: 338.

So the Question was negatived.

And the Question, That the proposed words be there added, being put forthwith, pursuant to Standing Order No. 31 (Questions on amendments):—It was agreed to.

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

Resolved, That this House notes that record investment in the NHS has to be linked to reform, and that this investment and the devolution of power to the front line require greater accountability; congratulates the Government on its record of making the NHS more transparent through the development of performance indicators; welcomes the Government's development of such indicators in consultation with patients and staff; congratulates the Government on giving responsibility for NHS performance monitoring to the independent Commission for Healthcare Audit and Inspection (CHAI), which reports direct to Parliament; and welcomes CHAI's commitment to developing new and more reflective indicators in partnership with representative bodies and the NHS itself.

Long Term Care for Elderly People,—A Motion was made, and the Question being proposed, That this House expresses its profound concern at the continuing crisis in care for elderly people; deplores the Government's over-prescriptive, expensive and bureaucratic regulation of the care home sector, which has greatly exacerbated the crisis in care and has led to many care home closures; condemns the loss of over 70,000 long term care places since 1997 and is gravely concerned that the number of people receiving domiciliary care has fallen by 100,000 since 1997; is further concerned that the implementation of the Community Care (Delayed Discharges etc.) Act 2003 will merely place an unfair financial burden on Social Services departments, and could lead to patients being discharged prematurely from hospital into inappropriate care, resulting in an increase in emergency readmissions; and calls on the Government to recognise the crisis in the provision of long term care for elderly people, to take action to reduce the current rate of care home closures and to combat the decline in the availability of domiciliary care, rather than simply disregard the crisis—(Mr Simon Burns);

An Amendment was proposed to the Question, in line 2, to leave out from the word ‘House' to the end of the Question and add the words ‘welcomes the real terms increase in social services funding of 20 per cent. between 1997 and 2003, and the commitment to continue these increases by an annual 6 per cent. in real terms from this financial year to 2005–06; notes that councils are able to use these resources to increase fees they pay to care homes where they think necessary, with 2002–03 figures showing 56 per cent. of local councils in England and Wales increasing the fees they pay by at least 5 per cent; notes that the Laing & Buisson Care of Elderly People Market Survey published in July 2003 puts bed capacity in care homes from all sectors at 470,000 with demand estimated to be around 460,000; further notes that over 80 per cent. of older people say they want to live independently in their own homes for as long as possible; supports the Government's policy of improving choice by providing alternatives to residential care with 20,900 more households since 1998 receiving intensive home care packages, 143,200 additional people receiving intermediate care services since 1999, and a cash injection of £87 million to be spent on creating 1,500 new extra care housing places by 2006; and further supports the Government's policy of driving up care standards where the care is delivered and ensuring that older people are not held unnecessarily in acute hospital beds when their care needs can be better met elsewhere', instead thereof.—(Dr Stephen Ladyman.)

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

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

And the Question being put, That the Question be now put:—It was agreed to.

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And the Question being accordingly put;

The House divided.

Tellers for the Ayes, Mr David Wilshire, Mr Hugo Swire: 200.

Tellers for the Noes, Paul Clark, Mr Vernon Coaker: 334.

So the Question was negatived.

And the Question, That the proposed words be there added, being put forthwith, pursuant to Standing Order No. 31 (Questions on amendments):—It was agreed to.

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

Resolved, That this House welcomes the real terms increase in social services funding of 20 per cent. between 1997 and 2003, and the commitment to continue these increases by an annual 6 per cent. in real terms from this financial year to 2005–06; notes that councils are able to use these resources to increase fees they pay to care homes where they think necessary, with 2002–03 figures showing 56 per cent. of local councils in England and Wales increasing the fees they pay by at least 5 per cent; notes that the Laing & Buisson Care of Elderly People Market Survey published in July 2003 puts bed capacity in care homes from all sectors at 470,000 with demand estimated to be around 460,000; further notes that over 80 per cent. of older people say they want to live independently in their own homes for as long as possible; supports the Government's policy of improving choice by providing alternatives to residential care with 20,900 more households since 1998 receiving intensive home care packages, 143,200 additional people receiving intermediate care services since 1999, and a cash injection of £87 million to be spent on creating 1,500 new extra care housing places by 2006; and further supports the Government's policy of driving up care standards where the care is delivered and ensuring that older people are not held unnecessarily in acute hospital beds when their care needs can be better met elsewhere.

25Adjournment,—Resolved, That this House do now adjourn.—(Jim Fitzpatrick.)

And accordingly the House, having continued to sit till a quarter to Eight o'clock, adjourned till to-morrow.

[Adjourned at 7.45 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Negative Resolution:

1Supreme Court of England and Wales,—Civil Procedure (Amendment No. 5) Rules 2003 (S.I., 2003, No. 3361), dated 21st December 2003 [by Act] [Mr David Lammy].

Other Papers:

2Cabinet Office,—Government Response to the Report of the Joint Committee on the Draft Civil Contingencies Bill and the Seventh Report of the Defence Committee, Session 2002–03 [by Command] [Cm. 6078] [Mr Douglas Alexander].

3Regulatory Reform,—Proposal for a Regulatory Reform (National Health Service Charitable Trust Accounts and Audit) Order 2004, together with an Explanatory Statement [by Act] [Secretary John Reid].

4Reserve Forces,—Report under section 54(7) of the Reserve Forces Act 1996 on the making of a call-out order under section 54(1) of that Act [by Act] [Mr Secretary Hoon].

Papers withdrawn:

5Employment and Training,—Draft Industrial Training Levy (Engineering Construction Board) Order 2004 [laid 18th December 2003].

APPENDIX II

Standing Committees

1Asylum and Immigration (Treatment of Claimants, etc.) Bill,—(1) The Committee of Selection has discharged Mr Marsha Singh and Sir Teddy Taylor from Standing Committee B (nominated in respect of the Bill); and nominated in substitution Mr Edward Garnier and Ms Dari Taylor.

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(2) The Speaker has appointed Ms Dari Taylor a member of the Programming Sub-Committee of Standing Committee B in respect of the Bill, in place of Mr Barry Gardiner.

2National Insurance Contributions and Statutory Payments Bill:

(1) The Speaker has allocated the Bill to Standing Committee D, and has appointed Sir John Butterfill and Mr Win Griffiths Chairmen; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Peter Atkinson, Harry Cohen, Tony Cunningham, Mr Lindsay Hoyle, Dr Brian Iddon, Norman Lamb, Ann McKechin, Rob Marris, Margaret Moran, Mr Richard Page, Dawn Primarolo, Mr Mark Prisk, Mr Alan Reid, Mr David Ruffley, Ms Gisela Stuart and Mr Tom Watson.

3Draft Charities (Alexandra Park and Palace) Order 2003:

(1) The Speaker has allocated the draft Order to the First Standing Committee on Delegated Legislation, and has appointed Frank Cook Chairman; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Richard Bacon, Tony Baldry, Mrs Ann Cryer, Julia Drown, Mr Don Foster, Mr Barry Gardiner, Mr Dominic Grieve, Mr John Heppell, Simon Hughes, Rosemary McKenna, Fiona Mactaggart, Mr Michael Meacher, Mr Denis Murphy, Dr Doug Naysmith, Mr Mohammad Sarwar and Angela Watkinson.

4Draft Primary Medical Services (Northern Ireland) Order 2004:

(1) The Speaker has allocated the draft Order to the Third Standing Committee on Delegated Legislation, and has appointed Miss Anne Begg Chairman; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Virginia Bottomley, Mr Geoffrey Clifton-Brown, Mr Vernon Coaker, Mr Mark Field, Mr Derek Foster, Huw Irranca-Davies, Mr Brian Jenkins, Mr Terry Lewis, Mr Peter Lilley, Chris McCafferty, Siobhain McDonagh, Lembit O­pik, Joan Ruddock, Angela Smith, The Reverend Martin Smyth and Mr Paul Stinchcombe.

5Draft New Opportunities Fund (Specification of Initiative) Order 2003:

(1) The Speaker has allocated the draft Order to the Fourth Standing Committee on Delegated Legislation, and has appointed Mr Alan Hurst Chairman; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr David Crausby, Mr Jonathan Djanogly, Paul Farrelly, Mr Don Foster, Mr Nick Hawkins, Mr Fraser Kemp, Mr Peter Kilfoyle, Chris Mole, Estelle Morris, Mr Ernie Ross, Bob Russell, Mr Jonathan Sayeed, Dr Howard Stoate, Mr Graham Stringer, Mr Robert N. Wareing and Angela Watkinson.

APPENDIX III

Reports from Select Committees

1Constitutional Affairs,—Minutes of Evidence taken before the Constitutional Affairs Committee on 6th January [Judicial appointments and a Supreme Court (court of final appeal)]; to be printed [No. 48-v] [Mr A. J. Beith].

2Defence,—Minutes of Evidence taken before the Defence Committee [Lessons of Iraq]; to be printed [No. 57-v] [Bruce George].

3Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Environment, Food and Rural Affairs Committee [Marine Environment]; to be printed [No. 76-iii] [Mr Michael Jack].

4European Scrutiny,—Fourth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 42-iv] [Mr Jimmy Hood].

5Northern Ireland Affairs,—First Special Report from the Northern Ireland Affairs Committee [Government's Response to the Eighth Report of the Committee, Session 2002–03, on The Illegal Drugs Trade and Drug Culture in Northern Ireland]; to be printed [No. 180] [Mr Michael Mates].

6Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [Managing resources to deliver better public services]; to be printed [No. 181-i] [Mr Edward Leigh].

7Transport,—Minutes of Evidence taken before the Transport Committee [The Future of the Railways]; to be printed [No. 145-i] [Mrs Gwyneth Dunwoody].

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CHAIRMEN'S PANEL

 In pursuance of Standing Order No. 4 (Chairmen's Panel), the Speaker nominated Mr Kevin Hughes to be a member of the Chairmen's Panel during the present Session of Parliament.


[No. 17; WH, No. 7.]

Wednesday 7th January 2004.

The House sitting in Westminster Hall

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

Adjournment,—Resolved, That the sitting be now adjourned.—(Jim Fitzpatrick.)

And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 4.44 p.m.


[No. 18.]

Thursday 8th January 2004.

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

PRAYERS.

1Higher Education Bill,—Mr Secretary Clarke, supported by Mr Secretary Smith, Ms Secretary Hewitt, Mr Peter Hain, Alan Johnson, Mr Ivan Lewis and Mr Don Touhig, presented a Bill to make provision about research in the arts and humanities and about complaints by students against institutions providing higher education; to make provision about fees payable by students in higher education; to provide for the appointment of a Director of Fair Access to Higher Education; to make provision about grants and loans to students in higher or further education; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Monday 12th January and to be printed [Bill 35].

Ordered, That the Explanatory Notes relating to the Higher Education Bill be printed [Bill 35–EN].

2Horserace Betting and Olympic Lottery Bill,—The Order of the day being read, for the Second Reading of the Horserace Betting and Olympic Lottery Bill;

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

The House divided.

Tellers for the Ayes, Joan Ryan, Paul Clark: 348.

Tellers for the Noes, Pete Wishart, Mr Elfyn Llwyd: 5.

So the Question was agreed to.

The Bill was accordingly read a second time.

3Horserace Betting and Olympic Lottery Bill (Programme),—A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 6th November 2003 (Programming of Bills)], That the following provisions shall apply to the Horserace Betting and Olympic Lottery Bill:

Committal

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

Proceedings in Standing Committee

2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 29th January 2004.

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

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Consideration and Third Reading

4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings are commenced.

5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

Programming Committee

6. Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Programming of proceedings

7. All proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed—(Charlotte Atkins):—It was agreed to.

4Horserace Betting and Olympic Lottery Bill [Money],—Her Majesty's Recommendation having been signified to the proposed Motion relating to Horserace Betting and Olympic Lottery Bill [Money];

A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Horserace Betting and Olympic Lottery Bill, it is expedient to authorise—

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

(a) expenditure of the Secretary of State in connection with the Act,

(b) expenditure of the National Debt Commissioners in connection with the Act, and

(c) any increase attributable to the Act in sums payable out of money provided by Parliament under another enactment, and

(2) the payment of sums into the Consolidated Fund—(Charlotte Atkins):—It was agreed to.

5Statutory Instruments (Joint Committee),—Ordered, That Huw Irranca-Davies be discharged from the Joint Committee on Statutory Instruments and Mr Kevin Hughes be added.—(Charlotte Atkins.)

6Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Charlotte Atkins);

And the Motion having been made after Six 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 thirteen minutes to Seven o'clock, till Monday 12th January.

[Adjourned at 6.47 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1Employment and Training,—Draft Industrial Training Levy (Engineering Construction Board) Order 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

Papers subject to Negative Resolution:

2Northern Ireland,—Food Benefit Schemes (Northern Ireland) Order 2003 (S.I., 2003, No. 3202), dated 10th December 2003 [by Act] [Mr David Lammy].

Other Papers:

3Government Resources and Accounts,—Financial Statement of the Security and Intelligence Agencies for 2002–03, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 12] [Ruth Kelly].

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APPENDIX II

Standing Committees

1National Insurance Contributions and Statutory Payments Bill (Programming Sub-Committee),—The Speaker has appointed Mr Peter Atkinson, Dr Brian Iddon, Norman Lamb, Margaret Moran, Dawn Primarolo, Mr Mark Prisk and Mr Tom Watson members of the Programming Sub-Committee of Standing Committee D in respect of the Bill.

2Draft Charities (Alexandra Park and Palace) Order 2003,—The Committee of Selection has discharged Mr Richard Bacon from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Peter Bottomley.

3Draft European Communities (Definition of Treaties) (Common Electoral Principles) Order 2004,—The Speaker has appointed Mr Eric Forth Chairman of the Second Standing Committee on Delegated Legislation in respect of the draft Order.

4Draft Primary Medical Services (Northern Ireland) Order 2004,—The Committee of Selection has discharged Mr Geoffrey Clifton-Brown from the Third Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr David Lidington.

Grand Committees

5The Speaker has appointed Mr Roger Gale Chairman of the Northern Ireland Grand Committee in respect of its meeting on Thursday 15 January.

European Standing Committees

6The Speaker has appointed Mr Bill O'Brien Chairman of European Standing Committee A in respect of European Union Document No. 12179/03 on Controls on Fluorinated Greenhouse Gases.

APPENDIX III

Reports from Select Committees

1Draft Gambling Bill,—Minutes of Evidence taken before the Joint Committee on the Draft Gambling Bill; to be printed [No. 139-iii] [Mr John Greenway].

2Health,—Minutes of Evidence taken before the Health Committee [Obesity]; to be printed [No. 23-iv] [Mr David Hinchliffe].

3Liaison,—Memorandum laid before the Liaison Committee [Scrutiny of Government] [Mr Alan Williams].


[No. 18; WH, No. 8.]

Thursday 8th January 2004.

The House sitting in Westminster Hall

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

Adjournment (Ministerial Accountability and Parliamentary Questions—Ninth Report from the Select Committee on Public Administration, Session 2001–02, and the First Report from the Committee, Session 2002–03, containing the Government's response thereto),—Resolved, That the sitting be now adjourned.—(Bridget Prentice.)

And accordingly the sitting was adjourned till Tuesday 13th January.

[Adjourned at 4.48 p.m.



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