| Session 2003-2004 |
| Commons Journal 260
Chronological Index
Page 214 2003-2004 Volume 260 [No. 60.] Monday 22nd March 2004. The House met at half-past Two o'clock. PRAYERS.
Minutes of Proceedings of the Committee to lie upon the Table.
Consolidated Fund Act 2004.
(1) It is expedient to amend the law with respect to the National Debt and the public revenue and to make further provision in connection with finance. (2) This Resolution does not extend to the making of any amendment with respect to value added tax so as to provide— (a) for zero-rating or exempting a supply, acquisition or importation; (b) for refunding an amount of tax; (c) for any relief, other than a relief that— (i) so far as it is applicable to goods, applies to goods of every description, and (ii) so far as it is applicable to services, applies to services of every description; And the Question being again proposed:—The House resumed the adjourned Debate. And it being Ten o'clock, the Debate stood adjourned. Ordered, That the Debate be resumed to-morrow.
And the Motion having been made after Ten o'clock, and the Debate having continued for half an hour, the Speaker adjourned the House, without Question put, pursuant to the Standing Order, it being then half-past Ten o'clock, till to-morrow. [Adjourned at 10.30 p.m. Page 215 Monday 22nd March 2004 2003-2004 Volume 260 Back to top APPENDIX I Papers presented or laid upon the Table: Papers delivered to the Votes and Proceedings Office on Friday 19th March 2004 pursuant to Standing Order No. 158 (Presentation of command papers):
Papers delivered to the Votes and Proceedings Office on Friday 19th March 2004 pursuant to Standing Order No. 159 (Presentation of statutory instruments): Papers subject to Negative Resolution:
(2) Legal Aid and Assistance (Financial Conditions) Regulations (Northern Ireland) 2004 (S.R. (N.I.), 2004, No. 88), and (3) Legal Aid (Financial Conditions) Regulations (Northern Ireland) 2004 (S.R. (N.I.), 2004, No. 86) dated 2nd March 2004 [Mr David Lammy].
Other Papers:
Papers presented or laid upon the Table on Monday 22nd March 2004: Papers subject to Affirmative Resolution:
Papers subject to Negative Resolution:
Other Papers:
Page 216 Monday 22nd March 2004 2003-2004 Volume 260 Back to top
(1) The Drug Treatment and Testing Order: early lessons, and (2) The Recovery of Debt by the Inland Revenue [by Act]; to be printed [Nos. 366 and 363] [Clerk of the House].
Papers withdrawn:
APPENDIX II Standing Committees
APPENDIX III Reports from Select Committees
(2) Minutes of Evidence taken before the Committee [Director General for Higher Education: Introductory Hearing]; to be printed [No. 461-i] [Dr Ian Gibson].
Page 217 Monday 22nd March 2004 2003-2004 Volume 260 Back to top [No. 61.] Tuesday 23rd March 2004. The House met at half-past Eleven o'clock. PRAYERS.
Minutes of Proceedings of the Committee to lie upon the Table.
Minutes of Proceedings of the Committee to lie upon the Table.
(1) It is expedient to amend the law with respect to the National Debt and the public revenue and to make further provision in connection with finance. (2) This Resolution does not extend to the making of any amendment with respect to value added tax so as to provide— (a) for zero-rating or exempting a supply, acquisition or importation; (b) for refunding an amount of tax; (c) for any relief, other than a relief that— (i) so far as it is applicable to goods, applies to goods of every description, and (ii) so far as it is applicable to services, applies to services of every description; And the Question being again proposed:—The House resumed the adjourned Debate. And the Question being put:—It was agreed to. The Speaker then, pursuant to paragraph (3) of Standing Order No. 51 (Ways and means motions), put forthwith the Questions necessary to dispose of the further Motions which were made by Mr Chancellor of the Exchequer. 2. Rates of tobacco products duty Resolved, That— (1) For the Table of rates of duty in Schedule 1 to the Tobacco Products Duty Act 1979 there shall be substituted— Table
(2) This Resolution shall have effect as from 6 o'clock in the evening of 17th March 2004. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968. Page 218 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top 3. Rate of duty on beer Resolved, That— (1) In section 36(1AA)(a) of the Alcoholic Liquor Duties Act 1979, for “£12.22” there shall be substituted “£12.59”. (2) This Resolution shall have effect as from midnight on 21st March 2004. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968. 4. Rates of duty on wine and made-wine Resolved, That— (1) For Part 1 of the Table of rates of duty in Schedule 1 to the Alcoholic Liquor Duties Act 1979 there shall be substituted— Part 1
(2) This Resolution shall have effect as from midnight on 21st March 2004. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968. 5. Alcoholic liquor duties (duty stamps) The Question being put, That provision may be made about stamps to be purchased for, affixed to and carried by retail containers of certain alcoholic liquors; The House divided. Tellers for the Ayes, Mr Nick Ainger, Joan Ryan: 309. Tellers for the Noes, Mr David Ruffley, Mr Geoffrey Clifton-Brown: 205. So the Question was agreed to. 6. Hydrocarbon oil etc duties (rates) The Question being put, That provision may be made amending rates of duty and rebate in the Hydrocarbon Oil Duties Act 1979; The House divided. Tellers for the Ayes, Mr Nick Ainger, Joan Ryan: 311. Tellers for the Noes, Mr Geoffrey Clifton-Brown, Hugh Robertson: 205. So the Question was agreed to. 7. Hydrocarbon oil etc duties (road fuel gas) Resolved, That provision may be made amending the Hydrocarbon Oil Duties Act 1979 in respect of road fuel gas. 8. Hydrocarbon oil etc duties (fuel oil) Resolved, That provision may be made enabling the amendment of the definition of “fuel oil” for the purposes of the Hydrocarbon Oil Duties Act 1979. Page 219 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top 9. Hydrocarbon oil etc duties (mixing) Resolved, That provision may be made imposing an excise duty on mixtures containing fully-rebated or partially-rebated hydrocarbon oil. 10. Hydrocarbon oil etc duties (bioethanol) Resolved, That provision may be made— (a) imposing an excise duty on bioethanol and mixtures containing bioethanol, (b) for the application in relation to bioethanol of the provisions of the enactments relating to hydrocarbon oil or any description of hydrocarbon oil, (c) for the modification in relation to bioethanol of the provisions of the enactments relating to hydrocarbon oil or any description of hydrocarbon oil, and (d) defining bioethanol for those purposes and conferring power to amend the definition by order. 11. Hydrocarbon oil etc duties (sulphur-free petrol and diesel) Resolved, That provision may be made amending the Hydrocarbon Oil Duties Act 1979 in respect of “sulphur-free petrol” and “sulphur-free diesel”. 12. Hydrocarbon oil etc duties (biodiesel) Resolved, That provision may be made amending the provisions of the Hydrocarbon Oil Duties Act 1979 in relation to biodiesel. 13. Hydrocarbon oil etc duties (fuel substitutes) Resolved, That provision may be made amending section 6A of the Hydrocarbon Oil Duties Act 1979. 14. Hydrocarbon oil etc duties (warehousing) Resolved, That provision may be made enabling the application of Part VIII of the Customs and Excise Management Act 1979 to certain substances. 15. Hydrocarbon oil etc duties (treatment of energy products) Resolved, That provision may be made amending section 10 of the Finance Act 1993 so as to permit the treatment of certain energy products as hydrocarbon oil or road fuel gas. 16. Betting duties (treatment of pool bets etc) Resolved, That provision may be made about the charging of duty under the Betting and Gaming Duties Act 1981 in respect of pool betting and certain other betting. 17. Amusement machine licence duty (rates) Resolved, That— (1) In section 23 of the Betting and Gaming Duties Act 1981 for the Table in subsection (2) there shall be substituted— Table
(2) This Resolution shall have effect in relation to any amusement machine licence for which an application is received by the Commissioners of Customs and Excise on or after 22nd March 2004. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968. Page 220 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top 18. Value added tax (groups of companies) The Question being put, That provision may be made about the grouping of companies for the purposes of value added tax; The House divided. Tellers for the Ayes, Mr Nick Ainger, Joan Ryan: 358. Tellers for the Noes, Mr David Ruffley, Mr Geoffrey Clifton-Brown: 146. So the Question was agreed to. 19. Value added tax (gas and electricity supplied by persons outside UK) Resolved, That provision may be made for the purposes of value added tax about gas and electricity supplied by persons outside the United Kingdom. 20. Value added tax (private use of stock in trade cars by employees etc) Resolved, That provision may be made for the purposes of value added tax in relation to a supply which is a supply of services by virtue of paragraph 5(4) of Schedule 4 to the Value Added Tax Act 1994 where— (a) the goods in question consist of a motor car, (b) the person making the supply is a motor dealer or motor manufacturer, (c) the supply is for a consideration, and (d) the value of the supply for the purposes of value added tax is less than its open market value. 21. Income tax (charge and rates for 2004–05) Resolved, That income tax shall be charged for the year 2004–05, and for that year— (a) the starting rate shall be 10%; (b) the basic rate shall be 22%; (c) the higher rate shall be 40%. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968. 22. Income tax (personal allowances for those aged 65 or more) Resolved, That— (1) For the year 2004–05— (a) the amount specified in section 257(2) of the Income and Corporation Taxes Act 1988 shall be £6,830; and (b) the amount specified in section 257(3) of that Act shall be £6,950. (2) Accordingly, section 257C(1) of that Act, so far as it relates to the amounts so specified, shall not apply for that year. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968. 23. Corporation tax (charge and rate for 2005) The Question being put, That corporation tax shall be charged for the financial year 2005 at the rate of 30%; The House divided. Tellers for the Ayes, Mr Nick Ainger, Joan Ryan: 342. Tellers for the Noes, Mr Simon Thomas, Mr Michael Weir: 16. So the Question was agreed to. 24. Corporation tax (small companies' rate for 2004) Resolved, That for the financial year 2004— (a) the small companies' rate shall be 19%, and (b) the fraction mentioned in section 13(2) of the Income and Corporation Taxes Act 1988 shall be 11/400ths. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968. Page 221 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top 25. Corporation tax (starting rate for 2004) Resolved, That for the financial year 2004— (a) the corporation tax starting rate shall be 0%, and (b) the fraction mentioned in section 13AA of the Income and Corporation Taxes Act 1988 shall be 19/400ths. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968. 26. Corporation tax (non-corporate distribution rate) The Question being put, That— (a) provision may be made for a special rate of corporation tax (the “non-corporate distribution rate”) where a company makes, or is treated as making, a distribution to a person other than a company, and (b) the non-corporate distribution rate for the financial year 2004 shall be 19%; The House divided. Tellers for the Ayes, Gillian Merron, Mr Jim Murphy: 290. Tellers for the Noes, Mr David Ruffley, Mr Geoffrey Clifton-Brown: 191. So the Question was agreed to. 27. Special rates of tax applicable to trusts Resolved, That in relation to the year 2004–05 and any subsequent year of assessment for which income tax is charged— (a) the Schedule F trust rate shall be 32.5 per cent, and (b) the rate applicable to trusts shall be 40 per cent. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968. 28. Sums paid to settlor otherwise than as income Resolved, That provision may be made amending section 677 of the Income and Corporation Taxes Act 1988. 29. Provision not at arm's length Resolved, That provision may be made amending Schedule 28AA to the Income and Corporation Taxes Act 1988. 30. Company distributions (payments of excessive interest etc) Resolved, That provision may be made for the repeal of section 209(2)(da) of the Income and Corporation Taxes Act 1988. 31. Investment companies and companies with investment business Resolved, That provision may be made for the purposes of corporation tax in relation to companies which are or have been— (a) investment companies, as defined in section 130 of the Income and Corporation Taxes Act 1988, or (b) companies whose business consists wholly or partly in the making of investments. 32. Insurance companies Resolved, That provision may be made about insurance companies and companies which have ceased to be insurance companies after a transfer of business. 33. Loan relationships etc Resolved, That provision (including provision having retrospective effect) may be made for the purposes of corporation tax in relation to— (a) loan relationships; and (b) other relationships where a company stands, or is treated as standing, in the position of a creditor or debtor in relation to a debt. 34. Derivative contracts Resolved, That provision (including provision having retrospective effect) may be made in relation to derivative contracts for the purposes of corporation tax. Page 222 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top 35. Accounting practice Resolved, That provision may be made as to the meaning of generally accepted accounting practice and otherwise amending provisions of the Tax Acts that operate by reference to accounting practice. 36. Construction Industry Scheme The Question being put, That provision may be made in relation to sub-contractors in the construction industry; The House divided. Tellers for the Ayes, Gillian Merron, Mr Jim Murphy: 341. Tellers for the Noes, Mr Peter Atkinson, Mr Hugo Swire: 127. So the Question was agreed to. 37. Employment income etc Resolved, That provision (including provision having retrospective effect) may be made amending, or making amendments connected with, the Income Tax (Earnings and Pensions) Act 2003. 38. Income tax (property held jointly by spouses) The Question being put, That provision may be made amending section 282A of the Income and Corporation Taxes Act 1988; The House divided. Tellers for the Ayes, Gillian Merron, Mr Jim Murphy: 334. Tellers for the Noes, Mr David Ruffley, Mr Geoffrey Clifton-Brown: 130. So the Question was agreed to. 39. Enterprise investment scheme Resolved, That provision may be made amending Chapter 3 of Part 7 of the Income and Corporation Taxes Act 1988 and Schedule 5B to the Taxation of Chargeable Gains Act 1992. 40. Venture capital trusts Resolved, That provision may be made amending Schedule 28B to the Income and Corporation Taxes Act 1988 and repealing section 151A(3) of, and Schedule 5C to, the Taxation of Chargeable Gains Act 1992. 41. Corporate venturing scheme Resolved, That provision may be made amending Schedule 15 to the Finance Act 2000. 42. Chargeable gains (gifts relief etc) The Question being put, That provision (including provision having retrospective effect) may be made— (a) in relation to relief under section 165 or 260 of the Taxation of Chargeable Gains Act 1992, and (b) as to the meaning of “arrangements” in section 79(5) of that Act; The House divided. Tellers for the Ayes, Gillian Merron, Mr Jim Murphy: 287. Tellers for the Noes, Gregory Barker, Mr Mark Francois: 163. So the Question was agreed to. 43. Chargeable gains (private residences) Resolved, That provision (including provision having retrospective effect) may be made in relation to relief under section 223 of the Taxation of Chargeable Gains Act 1992. 44. Individuals benefited by film relief Resolved, That provision (including provision having retrospective effect) may be made in relation to cases where relief is or has been claimed in respect of losses sustained in a trade whose profits or losses were computed in accordance with any of— (a) sections 40A to 40C of the Finance (No. 2) Act 1992; (b) sections 41 to 43 of that Act; (c) section 48 of the Finance (No. 2) Act 1997. Page 223 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top 45. Partnerships (income tax) Resolved, That provision (including provision having retrospective effect) may be made for the purposes of income tax in relation to individuals who are or have been members of partnerships. 46. Partnerships (corporation tax) Resolved, That provision may be made for the purposes of corporation tax in relation to companies which are or have been members of partnerships. 47. Leaseback of assets Resolved, That provision may be made for the purposes of income tax and corporation tax about arrangements for the sale and leaseback of assets or the lease and leaseback of assets. 48. Manufactured dividends Resolved, That provision (including provision having retrospective effect) may be made in relation to cases where payments are or have been made, or treated as made, which are representative of dividends on shares of companies resident in the United Kingdom. 49. Strips of government securities Resolved, That provision (including provision having retrospective effect) may be made in relation to strips, within the meaning of Schedule 13 to the Finance Act 1996. 50. Life policies etc Resolved, That provision (including provision having retrospective effect) may be made restricting the amount allowable as a deduction under section 549(1) of the Income and Corporation Taxes Act 1988. 51. Offshore funds Resolved, That provision (including provision having retrospective effect) may be made amending the provisions of the Income and Corporation Taxes Act 1988 relating to offshore funds. 52. Offshore installations Resolved, That provision may be made amending provisions of the Tax Acts referring to offshore installations and oil rigs. 53. Immediate needs annuities Resolved, That provision may be made in relation to contracts for life annuities (whenever entered into). 54. Corporation tax: Health Service bodies Resolved, That provision may be made amending section 519A of the Income and Corporation Taxes Act 1988. 55. Pension schemes etc Resolved, That provision may be made in relation to pension schemes and similar schemes under which benefits are provided to or in respect of employees or former employees. 56. Petroleum revenue tax (allowable expenditure, receipts etc) Resolved, That provision (including provision having retrospective effect) may be made— (a) in relation to expenditure allowable under the Oil Taxation Act 1975 or the Oil Taxation Act 1983, (b) in relation to disposal receipts, within the meaning of section 7 of the Oil Taxation Act 1983, (c) amending section 98 of the Finance Act 1999. 57. Oil extraction activities (tax-exempt tariffing receipts) Resolved, That provision (including provision having retrospective effect) may be made amending section 496 of the Income and Corporation Taxes Act 1988. 58. Petroleum revenue tax (allowable expenditure) Resolved, That provision may be made amending paragraph 2 of Schedule 4 to the Oil Taxation Act 1975. 59. Petroleum revenue tax (terminal losses) Resolved, That provision may be made in place of paragraph 15 of Schedule 17 to the Finance Act 1980. Page 224 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top 60. Climate change levy (supplies to producers of commodities) Resolved, That provision may be made for the purposes of climate change levy about supplies to producers of commodities. 61. Aggregates levy (transitional tax credit in Northern Ireland: existing scheme) Resolved, That— (1) In section 30A of the Finance Act 2001 after subsection (3) insert— ”(4) The Treasury may by order made by statutory instrument amend subsection (2) above so as to— (a) change the period in relation to which the amount of a tax credit is to be reduced; (b) change the amount by which a tax credit is to be reduced. (5) An order under subsection (4) above shall not be made unless a draft of the order has been laid before Parliament and approved by a resolution of the House of Commons.” (2) This Resolution shall have effect on and after 1st April 2004. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968. 62. Aggregates levy (transitional tax credit in Northern Ireland: new scheme) Resolved, That provision (including provision having retrospective effect) may be made about tax credits in respect of aggregates levy charged on aggregate subjected to commercial exploitation in Northern Ireland. 63. Stamp duty land tax and stamp duty The Question being put, That provision may be made amending Parts 4 and 5 of the Finance Act 2003; The House divided. Tellers for the Ayes, Margaret Moran, Paul Clark: 322. Tellers for the Noes, Mr Simon Thomas, Pete Wishart: 15. So the Question was agreed to. 64. Stamp duty land tax (miscellaneous amendments) Resolved, That— (1) Part 4 of the Finance Act 2003 shall be amended in accordance with the following provisions of this Resolution. (2) In section 43— (a) in paragraph (c) of subsection (3), after “interest” there shall be inserted “(other than a lease)”; (b) after that paragraph there shall be inserted— ”(d) the variation of a lease is an acquisition and disposal of a chargeable interest only where it takes effect, or is treated for the purposes of this Part, as the grant of a new lease.”. (3) After subsection (9) of section 44 there shall be inserted— ”(9A) Where— (a) paragraph 12A of Schedule 17A applies (agreement for lease), or (b) paragraph 19(3) to (6) of Schedule 17A applies (missives of let in Scotland), it applies in place of subsections (4), (8) and (9).”. (4) After that section there shall be inserted— ”44A Contract providing for conveyance to third party (1) This section applies where a contract is entered into under which a chargeable interest is to be conveyed by one party to the contract (A) at the direction or request of the other (B)— (a) to a person (C) who is not a party to the contract, or (b) either to such a person or to B. Page 225 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top (2) B is not regarded as entering into a land transaction by reason of entering into the contract, but the following provisions have effect. (3) If the contract is substantially performed B is treated for the purposes of this Part as acquiring a chargeable interest, and accordingly as entering into a land transaction. The effective date of the transaction is when the contract is substantially performed. (4) Where the contract is (to any extent) afterwards rescinded or annulled, or is for any other reason not carried into effect, the tax paid by virtue of subsection (3) shall (to that extent) be repaid by the Inland Revenue. Repayment must be claimed by amendment of the land transaction return made in respect of the contract. (5) Subject to subsection (6), section 44 (contract and conveyance) does not apply (except so far as it defines “substantial performance”) in relation to the contract. (6) Where— (a) this section applies by virtue of subsection (1)(b), and (b) by reason of B's direction or request, A becomes obliged to convey a chargeable interest to B, section 44 applies to that obligation as it applies to a contract for a land transaction that is to be completed by a conveyance. (7) Section 44 applies in relation to any contract between B and C, in respect of the chargeable interest referred to in subsection (1) above, that is to be completed by a conveyance. References to completion in that section, as it so applies, include references to conveyance by A to C of the subject matter of the contract between B and C. (8) In this section “contract” includes any agreement and “conveyance” includes any instrument.”. (5) In section 45— (a) after paragraph (b) of subsection (1) there shall be inserted “, and (c) paragraph 12B of Schedule 17A (assignment of agreement for lease) does not apply.”; (b) at the end of that subsection there shall be inserted “, and references to the transferor and the transferee shall be read accordingly.”; (c) for subsection (5) there shall be substituted— “(5) Where a transfer of rights relates to part only of the subject-matter of the original contract (”the relevant part”)— (a) subsection (8)(b) of section 44 (restriction of charge to tax on subsequent conveyance) has effect as if the reference to the amount of tax chargeable on that contract were a reference to an appropriate proportion of that amount, and (b) a reference in the second sentence of subsection (3) above to the original contract, or a reference in subsection (4) above to the secondary contract arising from an earlier transfer of rights, is to that contract so far as relating to the relevant part (and that contract so far as not relating to the relevant part shall be treated as a separate contract).”; (d) after that subsection there shall be inserted— “(5A) In relation to a land transaction treated as taking place by virtue of subsection (3)— (a) references in Schedule 7 (group relief) to the vendor shall be read as references to the vendor under the original contract; (b) other references in this Part to the vendor shall be read, where the context permits, as referring to either the vendor under the original contract or the transferor.”. Page 226 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top (6) After section 45 there shall be inserted— ”45A Contract providing for conveyance to third party: effect of transfer of rights (1) This section applies where— (a) a contract (”the original contract”) is entered into under which a chargeable interest is to be conveyed by one party to the contract (A) at the direction or request of the other (B)— (i) to a person (C) who is not a party to the contract, or (ii) either to such a person or to B, and (b) there is an assignment or other transaction (relating to the whole or part of the subject-matter of the original contract) as a result of which a person (D) becomes entitled to exercise any of B's rights under the original contract in place of B. References in the following provisions of this section to a transfer of rights are to any such assignment or other transaction. (2) D is not regarded as entering into a land transaction by reason of the transfer of rights, but section 44A (contract providing for conveyance to third party) has effect in accordance with the following provisions of this section. (3) That section applies as if— (a) D had entered into a contract (a “secondary contract”) in the same terms as the original contract except with D as a party instead of B, and (b) the consideration due from D under the secondary contract were— (i) so much of the consideration under the original contract as is referable to the subject-matter of the transfer of rights and is to be given (directly or indirectly) by D or a person connected with him, and (ii) the consideration given for the transfer of rights. (4) The substantial performance of the original contract shall be disregarded if— (a) it occurs at the same time as, and in connection with, the substantial performance of the secondary contract, or (b) it occurs after the transfer of rights. (5) Where there are successive transfers of rights, subsection (3) has effect in relation to each of them. (6) The substantial performance of the secondary contract arising from an earlier transfer of rights shall be disregarded if— (a) it occurs at the same time as, and in connection with, the substantial performance of the secondary contract arising from a subsequent transfer of rights, or (b) it occurs after that subsequent transfer. (7) Where a transfer of rights relates to only part of the subject matter of the original contract, or to only some of the rights under that contract— (a) a reference in subsection (3)(a) or (4) to the original contract, or a reference in subsection (6) to the secondary contract arising from an earlier transfer, is to that contract so far as relating to that part or those rights, and (b) that contract so far as not relating to that part or those rights shall be treated as a separate contract. (8) The effective date of a land transaction treated as entered into by virtue of subsection (3) is not earlier than the date of the transfer of rights. (9) In relation to a such a transaction— (a) references in Schedule 7 (group relief) to the vendor shall be read as references to A; (b) other references in this Part to the vendor shall be read, where the context permits, as referring to either A or B. (10) Section 839 of the Taxes Act 1988 (connected persons) applies for the purposes of subsection (3)(b). (11) In this section “contract” includes any agreement.”. Page 227 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top (7) After subsection (6) of section 48 there shall be inserted— ”(7) This section has effect subject to subsection (3) of section 44A (contract and conveyance to third party).”. (8) After subsection (4) of section 77 there shall be inserted— ”(5) A land transaction that a person is treated as entering into by virtue of subsection (3) of section 44A (contract and conveyance to third party) is notifiable.”. (9) In section 57A— (a) for paragraph (b) of subsection (3) there shall be substituted— ”(aa) that the sale transaction is entered into wholly or partly in consideration of the leaseback transaction being entered into, (b) that the only other consideration (if any) for the sale is the payment of money or the assumption, satisfaction or release of a debt (or both),”; (b) after paragraph (c) of that subsection there shall be inserted— ”(d) that the sale is not a transfer of rights within the meaning of section 45 (contract and conveyance: effect of transfer of rights) or 45A (contract providing for conveyance to third party: effect of transfer of rights), and (e) where A and B are both bodies corporate at the effective date of the leaseback transaction, that they are not members of the same group for the purposes of group relief (see paragraph 1 of Schedule 7) at that date.”; (c) subsection (4) shall be omitted. (10) In section 79(2), for the words from “other than” to the end of paragraph (b) there shall be substituted “other than a transaction treated as taking place— (a) under subsection (4) of section 44 (contract and conveyance) or under that section as it applies by virtue of section 45 (contract and conveyance: effect of transfer of rights), or (b) under subsection (3) of section 44A (contract providing for conveyance to third party) or under that section as it applies by virtue of section 45A (contract providing for conveyance to third party: effect of transfer of rights).”. (11) In section 119(2)— (a) after the entry for section 44(4) there shall be inserted— “section 44A(3) (contract providing for conveyance to third party), section 45A(8) (contract providing for conveyance to third party: effect of transfer of rights),”; (b) at the end there shall be inserted— “paragraph 12A(2) of Schedule 17A (agreement for lease followed by substantial performance), paragraph 12B(3) of that Schedule (assignment of agreement for lease occurring after agreement substantially performed), and paragraph 19(3) of that Schedule (missives of let in Scotland followed by substantial performance).”. (12) In section 122, in the entry for “vendor” there shall be inserted at the end “(see too sections 45(5A) and 45A(9))”. (13) In Schedule 4— (a) after sub-paragraph (2) of paragraph 10 there shall be inserted— “(2A) Where subsection (8) of section 44 (contract and conveyance) applies, so that there are two notifiable transactions (the first being the contract and the second being the transaction effected on completion), the condition in sub-paragraph (2)(a) is treated as met in relation to the second transaction if it is met in relation to the first.”; (b) after sub-paragraph (4) of paragraph 17 there shall be inserted— “(4A) Sub-paragraphs (3) and (4) shall be disregarded for the purposes of determining whether the land transaction in question is notifiable.”. Page 228 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top (14) After paragraph 1 of Schedule 5 there shall be inserted— ”Amounts payable in respect of periods before grant of lease 1A For the purposes of this Part “rent” does not include any chargeable consideration for the grant of a lease that is payable in respect of a period before the grant of the lease.” (15) After paragraph 7 of Schedule 17A there shall be inserted— ”First rent review in final quarter of fifth year 7A Where— (a) a lease contains provision under which the rent may be adjusted, (b) under that provision the first (or only) such adjustment— (i) is to an amount that (before the adjustment) is uncertain, and (ii) has effect from a date (the “review date”) that is expressed as falling five years after a specified date, and (c) the specified date falls within the three months before the beginning of the term of the lease, this Schedule has effect as if references to the first five years of the term of the lease were to the period beginning with the start of the term of the lease and ending with the review date. References to the fifth year of the term of the lease shall be read accordingly.”. (16) In paragraph 9(1) of that Schedule, at the end of paragraph (b) there shall be inserted “, or (c) a person claiming relief against re-entry or forfeiture as under-lessee in relation to the original sub-lease (”the old lease”) is granted a lease (”the new lease”) in pursuance of an order of a court.”. (17) After paragraph 12 of that Schedule there shall be inserted— ”Agreement for lease 12A (1) This paragraph applies where in England and Wales or Northern Ireland— (a) an agreement for a lease is entered into, and (b) the agreement is substantially performed without having been completed. (2) The agreement is treated as if it were the grant of a lease in accordance with the agreement (”the notional lease”), beginning with the date of substantial performance. The effective date of the transaction is that date. (3) Where a lease is subsequently granted in pursuance of the agreement— (a) the notional lease is treated as if it were surrendered at that time, and (b) the lease itself is treated for the purposes of paragraph 9 (rent for overlap period in case of grant of further lease) as if it were granted in consideration of that surrender. (4) Where sub-paragraph (1) applies and the agreement is (to any extent) afterwards rescinded or annulled, or is for any other reason not carried into effect, the tax paid by virtue of that sub-paragraph shall (to that extent) be repaid by the Inland Revenue. Repayment must be claimed by amendment of the land transaction return made in respect of the agreement. (5) In this paragraph “substantially performed” and “completed” have the same meanings as in section 44 (contract and conveyance). Assignment of agreement for lease 12B (1) This paragraph applies, in place of section 45 (contract and conveyance: effect of transfer of rights) where in England and Wales or Northern Ireland a person assigns his interest as lessee under an agreement for a lease. (2) If the assignment occurs without the agreement having been substantially performed, section 44 (contract and conveyance) has effect as if— (a) the contract were with the assignee and not the assignor, and Page 229 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top (b) the consideration given by the assignee for entering into the contract included any consideration given by him for the assignment. (3) If the assignment occurs after the agreement has been substantially performed— (a) the assignment is a separate land transaction, and (b) the effective date of that transaction is the date of the assignment. (4) Where there are successive assignments, this paragraph has effect in relation to each of them.”. (18) At the end of paragraph 16 of that Schedule there shall be inserted— ”Paragraph 5 (exchanges) of Schedule 4 (chargeable consideration) does not apply in such a case.”. (19) For paragraph 19(2) of that Schedule there shall be substituted— ”(2) Where in Scotland there is a lease constituted by concluded missives of let (”the first lease”) and at some later time a lease is executed (”the second lease”)— (a) the first lease is treated as if it were surrendered at that time, and (b) the second lease is treated for the purposes of paragraph 9 (rent for overlap period in case of grant of further lease) as if it were granted in consideration of that surrender. (3) Where in Scotland— (a) there are concluded missives of let that do not constitute a lease, and (b) the agreement represented by the missives of let is substantially performed without a lease having been executed, the missives of let are treated as if they did constitute a lease (”the notional lease”). The effective date of the transaction is when the agreement is substantially performed. (4) Where sub-paragraph (3) applies and at some later time a lease is executed— (a) the notional lease is treated as if it were surrendered at that time, and (b) the lease itself is treated for the purposes of paragraph 9 as if it were granted in consideration of that surrender. (5) References in sub-paragraphs (2) to (4) to the execution of a lease are to the execution of a lease that either— (a) is in conformity with the missives of let, or (b) relates to substantially the same property and period as the missives of let. (6) Where subsection (3) applies and the agreement is (to any extent) afterwards rescinded or annulled, or is for any other reason not carried into effect, the tax paid by virtue of that sub-paragraph shall (to that extent) be repaid by the Inland Revenue. Repayment must be claimed by amendment of the land transaction return made in respect of the agreement.”. (20) For paragraph 3(3)(c) of Schedule 19 there shall be substituted— ”(c) if on or after that date there is an assignment, subsale or other transaction (relating to the whole or part of the subject-matter of the contract) as a result of which a person other than the purchaser under the contract becomes entitled to call for a conveyance to him.”. (21) Paragraphs (4), (7) and (8) of this Resolution, and paragraphs (10) and (11) so far as relating to the section 44A inserted by paragraph (4), shall apply in relation to any contract entered into after 17th March 2004. (22) Paragraphs (5), (6) and (12) of this Resolution, and paragraphs (10) and (11) so far as relating to the section 45A inserted by paragraph (6), shall apply in relation to any transfer of rights occurring after that date. (23) Subject to paragraph (24) of this Resolution, the amendments made by the other provisions of this Resolution shall apply in relation to any transaction of which the effective date is after 17th March 2004. (24) Paragraph (20) of this Resolution shall not apply in relation to a contract that was substantially performed before 17th March 2004. Page 230 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top (25) In this Resolution— ”effective date” and “substantially performed” have the same meaning as in Part 4 of the Finance Act 2003 (as amended by this Resolution); ”transfer of rights” has the same meaning as in section 45 of that Act or, as the case may require, section 45A of that Act (inserted by paragraph (6) of this Resolution). And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968. 65. Stamp duty land tax (shared ownership leases) Resolved, That— (1) After paragraph 4 of Schedule 9 to the Finance Act 2003 there shall be inserted— ”Shared ownership lease: treatment of staircasing transaction 4A (1) This paragraph applies where under a shared ownership lease— (a) the lessee or lessees have the right, on the payment of a sum, to require the terms of the lease to be altered so that the rent payable under it is reduced, and (b) by exercising that right the lessee or lessees acquire an interest, additional to one already held, calculated by reference to the market value of the dwelling and expressed as a percentage of the dwelling or its value (a “share of the dwelling”). (2) Such an acquisition is exempt from charge if— (a) an election was made for tax to be charged in accordance with paragraph 2 or, as the case may be, paragraph 4 and any tax chargeable in respect of the grant of the lease has been paid, or (b) immediately after the acquisition the total share of the dwelling held by the lessee or lessees does not exceed 80%. (3) In this paragraph “shared ownership lease” means a lease granted— (a) by a qualifying body, or (b) in pursuance of the preserved right to buy, in relation to which the conditions in paragraph 2(2) or 4(2) are met. (4) Section 118 (meaning of “market value”) does not apply in relation to the references in this paragraph to the market value of the dwelling.”. (2) In sub-paragraph (1) of paragraph 5 of that Schedule, for “2 and 4” there shall be substituted “2, 4 and 4A”. (3) In Schedule 19 to that Act, for sub-paragraph (2) of paragraph 7 there shall be substituted— ”(2) In paragraph 3 of Schedule 9 (relief for transfer of reversion under shared ownership lease where election made for market value treatment) and paragraph 4A of that Schedule (shared ownership lease: treatment of staircasing transaction) as they apply in a case where the original lease was granted before the implementation date— (a) a reference to a lease to which paragraph 2 of that Schedule applies shall be read as a reference to a lease to which section 97 of the Finance Act 1980 applied (which made provision for stamp duty corresponding to that paragraph), and (b) a reference to an election having been made for tax to be charged in accordance with paragraph 2 or 4 of that Schedule shall be read as a reference to the lease having contained a statement of the parties' intention such as is mentioned in section 97(2)(d) of the Finance Act 1980 or, as the case may be, paragraph (d) of section 108(5) of the Finance Act 1981 (which made provision for stamp duty corresponding to paragraph 4).”. (4) The amendments made by paragraphs (1) and (2) of this Resolution shall apply in relation to an acquisition after 17th March 2004. (5) Paragraph (3) of this Resolution shall be deemed to have come into force on 1st December 2003. Page 231 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968. 66. Period within which certain claims may be made Resolved, That provision (including provision having retrospective effect) may be made as to the period within which a claim may be made in respect of a mistake of law relating to a taxation matter under the care and management of the Commissioners of Inland Revenue. 67. Relief for shipbuilders (abolition) Resolved, That provision (including provision having retrospective effect) may be made ending the availability of relief under section 2 of the Finance Act 1966. 68. Relief from tax (incidental and consequential charges) Resolved, That it is expedient to authorise any incidental or consequential charges to any duty or tax (including charges having retrospective effect) that may arise from provisions designed in general to afford relief from taxation. Procedure (Amounts deducted from Payments to sub-contractors),—Resolved, That, notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may include provision authorising sums— (a) deducted from payments to or for sub-contractors in the construction industry, and (b) paid to the Commissioners of Inland Revenue, to be treated as paid in respect of, or on account of, liabilities of the sub-contractor other than liabilities in respect of income tax or corporation tax. Procedure (Savings Income),—Resolved, That, notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may contain provision for implementing— (a) Article 14 of Council Directive 2003/48/EC of 3rd June 2003 on taxation of savings income in the form of interest payments, or (b) any corresponding provision of arrangements made in relation to a territory other than a member State. Procedure (Minimum Contributions to Personal Pension Schemes),—Resolved, That, notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may make provision for the payment of sums out of the National Insurance Fund or the Northern Ireland National Insurance Fund in connection with provisions relating to the payment of minimum contributions under section 43 of the Pension Schemes Act 1993 or section 39 of the Pension Schemes (Northern Ireland) Act 1993. Procedure (Mutual Assistance in Connection with Customs Union with Andorra),—Resolved, That, notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may include provision to give effect to arrangements concerning mutual assistance made for the purposes of the Customs Union between the European Community and the Principality of Andorra. Procedure (Future Taxation),—Resolved, That, notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may contain the following provisions taking effect in a future year— (a) provision for corporation tax to be charged for the financial year 2005; (b) provision about childcare or childcare vouchers provided for an employee; (c) provision amending Parts 3 and 4 of the Income Tax (Earnings and Pensions) Act 2003 in relation to vans; (d) provision about the enjoyment by an individual of property which is or represents property in which he previously owned an interest; (e) provision about Lloyd's underwriters; (f) provision in relation to pension schemes and similar schemes under which benefits are provided to or in respect of employees or former employees. Page 232 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top Finance [Money],—Her Majesty's Recommendation having been signified to the proposed Motion relating to Finance [Money]; Resolved, That, for the purposes of any Act of the present Session relating to finance (”the Act”), it is expedient to authorise— (a) the deduction of sums from the gross revenues of the department of the Commissioners of Inland Revenue for the purpose of paying amounts in the implementation of— (i) Article 14 of Council Directive 2003/48/EC of 3rd June 2003 on taxation of savings income in the form of interest payments, or (ii) any corresponding provision of arrangements made in relation to a territory other than a member State; (b) the payment out of money provided by Parliament of any increase attributable to the Act in the sums paid out of the National Insurance Fund and the Northern Ireland National Insurance Fund under the Pension Schemes Act 1993 and the Pension Schemes (Northern Ireland) Act 1993; (c) the payment out of money provided by Parliament of sums required by the Treasury and the Director of Savings to meet expenditure incurred with a view to securing— (i) that the Treasury would be able to exercise their functions under sections 12 to 20A of (and Schedule 5A to) the National Loans Act 1968, and (ii) that the Director of Savings would be able to exercise his functions, if the United Kingdom were to adopt the single currency in accordance with the Treaty establishing the European Communities. Ordered, That a Bill be brought in upon the foregoing Resolutions, and that the Chairman of Ways and Means, Mr Chancellor of the Exchequer, Mr Secretary Prescott, Mr Secretary Blunkett, Mr Secretary Reid, Mr Secretary Smith, Ms Secretary Hewitt, Mr Secretary Clarke, Mr Paul Boateng, Dawn Primarolo, Ruth Kelly and John Healey do prepare and bring it in.
Page 233 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top
And the Deputy Speaker's opinion as to the decision of the Question being challenged, the Division was deferred till to-morrow, pursuant to Orders [28th June 2001 and 6th November 2003].
Page 234 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top
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 a quarter to Ten o'clock, till to-morrow. [Adjourned at 9.45 p.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Affirmative Resolution:
Papers subject to Negative Resolution:
APPENDIX II Standing Committees
Grand Committees
APPENDIX III Reports from Select Committees
(2) Further memoranda laid before the Committee [Civil Legal aid: adequacy of provision]; to be printed [No. 391-II] [Mr A. J. Beith].
(2) Minutes of Evidence taken before the Committee [Gangmasters: follow up]; to be printed [No. 455-ii] [Mr Michael Jack]. Page 235 Tuesday 23rd March 2004 2003-2004 Volume 260 Back to top
(2) Minutes of Evidence taken before the Committee [Migration and Development]; to be printed [No. 79-ix] [Tony Baldry].
(2) Minutes of Evidence taken before the Committee [The 2004 Budget]; to be printed [No. 479-i and ii] [Mr John McFall]. [No. 61; WH, No. 36] Tuesday 23rd March 2004. The House sitting in Westminster Hall The sitting commenced at half-past Nine o'clock.
And accordingly the sitting was adjourned till to-morrow. [Adjourned at 4.22 p.m. [No. 62.] Wednesday 24th March 2004. The House met at half-past Eleven o'clock. PRAYERS.
Minutes of Proceedings of the Committee to lie upon the Table.
That the Committee takes note of the European Union Document No. 5188/04, Commission Communication on the re-examination of Directive 93/104/EC concerning certain aspects of the organisation of working time; welcomes the review, supports the retention of the opt-out to the working time limit and urges that a solution to the problems caused by the European Court of Justice cases of SiMAP and Jaeger is found. Report, together with Resolution, to lie upon the Table.
Bill to be read a second time on Friday 23rd April.
Page 236 Wednesday 24th March 2004 2003-2004 Volume 260 Back to top
Post Office Services,—A Motion was made, and the Question being proposed, That this House believes that all Post Office customers who wish to continue receiving their benefits, pension payments and tax credits through the Post Office should be able to do so through a Post Office Card Account opened at the counter of a Post Office or sub-post office; notes that the Government has encouraged Post Office customers to use their own bank accounts or basic bank accounts, whilst preventing the promotion of the Post Office Card Account; further believes that the Government should use the roll out of Direct Payment to encourage the take-up of all benefits and tax credits; calls on the Government to clarify urgently how housebound, disabled and older people who are not able to cope with the three direct payment options will be able to claim their pensions and benefits after 2005; recognises the significant role played by local post offices in both rural and urban areas; appreciates that ending cash benefit payments will deprive sub-postmasters of an average of 35 per cent. of their income; notes that this will make many post offices commercially unviable and is likely to lead to yet further closures; further calls on the Government to ensure that the urban post office closure programme is conducted systematically and only after consulting all relevant parties including Post Office users; and condemns the Government's failure to deliver benefits and tax credits in a simple, easy to understand manner while at the same time jeopardising the future prosperity of the Post Office—(Mr David Willetts); 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 ‘supports the Government's strategy to modernise the way benefits and pensions are paid, and to provide customers with a choice of accounts; welcomes the fact that with Direct Payment customers will still be able to collect their cash from the Post Office if they wish using a current account or basic bank account with Post Office access or the Post Office Card Account; notes the Government's plans for a cheque payment, cashable at post offices, for people who cannot be paid through an account; recognises that Direct Payment is a more modern, efficient and secure method of payment which will also help increase financial inclusion; welcomes the fact that more customers are now paid through an account than by order book without problems, including nearly six million pensioners; notes the previous government's attempt to introduce a Benefit Payment Card, which wasted millions of pounds of tax-payers' money; notes the fact that the Post Office had not until recently kept up with changes in customer demand and so had seen transaction volumes dropping and losses increasing; recognises the need for change and congratulates the Government for taking decisive action to help turn the business around; welcomes the record £2 billion investment in the Post Office network over a five-year period, including £450 million for the rural network and £210 million to modernise the urban network; and believes that this will help ensure a viable Post Office network that people will want to use', instead thereof.—(Ms Secretary Hewitt.) And the Question being proposed, That the original words stand part of the Question; Mr Peter Luff rose in his place and claimed to move, That the Question be now put. And the Question being put, That the Question be now put:—It was agreed to. And the Question being accordingly put; The House divided. Tellers for the Ayes, Gregory Barker, Mr Peter Atkinson: 200. Tellers for the Noes, Gillian Merron, Mr John Heppell: 300. So the Question was negatived. And the Question, That the proposed words be there added, being put forthwith, pursuant to Standing Order No. 31 (Questions on amendments); The House divided. Tellers for the Ayes, Gillian Merron, Mr John Heppell: 297. Tellers for the Noes, Gregory Barker, Mr Peter Atkinson: 196. So the Question was agreed to. The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to. Page 237 Wednesday 24th March 2004 2003-2004 Volume 260 Back to top Resolved, That this House supports the Government's strategy to modernise the way benefits and pensions are paid, and to provide customers with a choice of accounts; welcomes the fact that with Direct Payment customers will still be able to collect their cash from the Post Office if they wish using a current account or basic bank account with Post Office access or the Post Office Card Account; notes the Government's plans for a cheque payment, cashable at post offices, for people who cannot be paid through an account; recognises that Direct Payment is a more modern, efficient and secure method of payment which will also help increase financial inclusion; welcomes the fact that more customers are now paid through an account than by order book without problems, including nearly six million pensioners; notes the previous government's attempt to introduce a Benefit Payment Card, which wasted millions of pounds of tax-payers' money; notes the fact that the Post Office had not until recently kept up with changes in customer demand and so had seen transaction volumes dropping and losses increasing; recognises the need for change and congratulates the Government for taking decisive action to help turn the business around; welcomes the record £2 billion investment in the Post Office network over a five-year period, including £450 million for the rural network and £210 million to modernise the urban network; and believes that this will help ensure a viable Post Office network that people will want to use.
Fisheries: Catch Quotas and Effort Limitation 2004,—That this House takes note of European Union Document No. 15388/03, draft Regulation fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required; and notes that the Government was successful in negotiating Total Allowance Catches which take full account of scientific advice while securing the best possible fishing opportunities for United Kingdom fishermen. Ayes: 255. Noes: 149. So the Question was agreed to.
A Motion was made, and the Question being proposed, That this House disagrees with the Lords in their Amendment No. 1D to Commons Amendment No. 1C—(Mr Christopher Leslie); And it being one hour after the commencement of proceedings on consideration of the Lords Message, the Deputy Speaker put the Question, pursuant to Order [8th March]. The House divided. Tellers for the Ayes, Derek Twigg, Mr Fraser Kemp: 308. Tellers for the Noes, Mr David Wilshire, Mr Geoffrey Clifton-Brown: 185. So the Question was agreed to. The Lords Amendment was accordingly disagreed to. A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 6th November 2003 (Programming of Bills)], That a Committee be appointed to draw up a Reason to be assigned to the Lords for disagreeing to their Amendment No. 1D to Commons Amendment No. 1C. That Mr Nick Hawkins, Mr David Heath, Mr Christopher Leslie, Laura Moffatt and Bridget Prentice be members of the Committee. That Mr Christopher Leslie be Chairman of the Committee. That three be the quorum of the Committee. That the Committee do withdraw immediately—(Mr Jim Murphy)—It was agreed to.
And it being three hours after commencement of proceedings on the Motion, it lapsed, without Question put, pursuant to Order [17th March]. Page 238 Wednesday 24th March 2004 2003-2004 Volume 260 Back to top
The Commons disagree to Lords Amendment No. 1D for the following Reason: Because it is not necessary to seek further advice from the Electoral Commission. The Reason was agreed to. Message to the Lords to communicate the said Reason, with the Bill and Amendment.
And accordingly the House, having continued to sit till half-past Nine o'clock, adjourned till to-morrow. [Adjourned at 9.30 p.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Affirmative Resolution:
Papers subject to Negative Resolution:
Other Papers:
(1) Blackburn with Darwen Education Action Zone, (2) Lambeth Education Action Zone, and (3) North East Lincolnshire (Grimsby) Education Action Zone for the period 1st April to 31st August 2003, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 480, 482 and 481] [Clerk of the House].
That it has been notified, in accordance with Regulation 11(3) of the Statutory Instruments Regulations 1947, that the Secretary of State for the Home Department has certified under Regulation 6 of the said Regulations that the printing and sale of copies of the Cumbria (Coroners' Districts) Order 2004 (S.I., 2004, No. 458) in accordance with the requirements of section 2(1) of the Statutory Instruments Act 1946 is unnecessary having regard to the brevity of the period during which the instrument remained in force; and that the Committee is satisfied that the certificate is justified and has taken no further action in the matter [The Speaker].
Page 239 Wednesday 24th March 2004 2003-2004 Volume 260 Back to top Papers withdrawn:
APPENDIX II Standing Committees
(1) The Speaker has allocated the draft Orders to the First Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Ms Candy Atherton, Virginia Bottomley, Mrs Helen Clark, Mr Geoffrey Clifton-Brown, Geraint Davies, Mr Neil Gerrard, Mr Dai Havard, Mr Nick Hawkins, Mr David Heath, Mr Peter Kilfoyle, Mr Mark Lazarowicz, Mr Christopher Leslie, Bridget Prentice, Angus Robertson, Ms Gisela Stuart and Mr Ian Taylor.
(1) The Speaker has allocated the draft Order to the Third Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Alistair Carmichael, Mr Geoffrey Clifton-Brown, Geraint Davies, Julia Drown, Lady Hermon, Mr Robert Jackson, Mr Christopher Leslie, Ann McKechin, John Mann, Mr Alan Milburn, Sandra Osborne, Bridget Prentice, Mr Gwyn Prosser, Mr John Redwood, Llew Smith and Mr Desmond Swayne.
European Standing Committees
APPENDIX III Reports from Select Committees
(2) Memoranda laid before the Committee; to be printed [No. 352-xiii] [Mr Tom Clarke].
(2) Memorandum laid before the Committee [Horticulture Research International]; and Page 240 Wednesday 24th March 2004 2003-2004 Volume 260 Back to top (3) Memorandum laid before the Committee [Poultry Farming in the United Kingdom] [Mr Michael Jack].
(2) Minutes of Evidence taken before the Committee [Budget 2004]; to be printed [No. 490-i] [Mr Peter Ainsworth].
(2) Fifteenth Report from the Committee [The EU's Financial Perspective for 2007–13 and reform of Regional and Cohesion Funding]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 42-xv] [Mr Michael Connarty].
(2) Memoranda laid before the Committee [Elder Abuse] [Mr David Hinchliffe].
(2) Memoranda laid before the Committee [Kenya: DFID's Country Assistance Plan 2004–07 and progress towards the Millennium Development Goals] [Tony Baldry].
(2) Minutes of Evidence taken before the Committee [Programming of Legislation]; to be printed [No. 325-iv] [Sir Nicholas Winterton].
(2) Minutes of Evidence taken before the Committee [British Transport Police]; to be printed [No. 488-i] [Mrs Gwyneth Dunwoody].
Page 241 Wednesday 24th March 2004 2003-2004 Volume 260 Back to top [No. 62; WH, No. 37] Wednesday 24th March 2004. The House sitting in Westminster Hall The sitting commenced at half-past Nine o'clock.
And the sitting having continued for two and a half hours after Two o'clock, it was adjourned without Question put, till to-morrow. [Adjourned at 4.59 p.m. [No. 63.] Thursday 25th March 2004. The House met at half-past Eleven o'clock. PRAYERS.
Harbours Bill [Lords],—The Lords have passed a Bill to amend the procedure for dealing with applications for orders under section 14 or 16 of the Harbours Act 1964 and for making orders under section 15 of that Act; and for connected purposes; to which the Lords desire the concurrence of this House. The Lords do not insist on their Amendment to an Amendment made by this House to a Lords Amendment to the European Parliamentary and Local Elections (Pilots) Bill, to which this House has disagreed, but in lieu thereof they propose another Amendment to the Amendment made by this House; to which the Lords desire the concurrence of this House.
Consideration and Third Reading 1. Paragraphs 4 and 5 of the Order of 14th January shall be omitted. 2. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion three hours after those proceedings are commenced. 3. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion four hours after the commencement of proceedings on consideration—(Mr Gerry Sutcliffe); The House divided. Tellers for the Ayes, Charlotte Atkins, Paul Clark: 234. Tellers for the Noes, Mr John Randall, Mr Hugo Swire, 128. So the Question was agreed to.
And it being Six o'clock, the Motion for the adjournment of the House lapsed, without Question put.
Page 242 Thursday 25th March 2004 2003-2004 Volume 260 Back to top
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 twenty-eight minutes to Seven o'clock, till to-morrow. [Adjourned at 6.32 p.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Affirmative Resolution:
Papers subject to Negative Resolution:
Other Papers:
(1) Criminal Injuries Compensation Appeals Panel, and (2) Criminal Injuries Compensation Authority for 2002–03, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 450 and 451] [Mr Secretary Blunkett].
(2) Observations by the Secretary of State for Defence on the Petition [10th March 2003, in the last Session of Parliament] from members of the workforce at BAE Systems, Brough, for negotiations about the future of the plant and the manufacture of Hawk aircraft [by Standing Order]; to be printed [Clerk of the House].
APPENDIX II Standing Committees
(1) The Speaker has appointed Mr Peter Pike Chairman of the First Standing Committee on Delegated Legislation in respect of the draft Orders; and Page 243 Thursday 25th March 2004 2003-2004 Volume 260 Back to top (2) The Committee of Selection has discharged Mr Nick Hawkins and Mr David Heath from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Orders) and nominated in substitution Mr Tim Boswell and Sir Robert Smith.
European Standing Committees
APPENDIX III Reports from Select Committees
[No. 63; WH, No. 38] Thursday 25th March 2004. The House sitting in Westminster Hall The sitting commenced at half-past Two o'clock.
And accordingly the sitting was adjourned till Tuesday 30th March. [Adjourned at 5.11 p.m. [No. 64.] Friday 26th March 2004. The House met at half-past Nine o'clock.
PRAYERS.
Page 244 Friday 26th March 2004 2003-2004 Volume 260 Back to top
A Motion was made, and the Question being proposed, That the Bill be now read a second time; Mr Andrew Dismore moved, That the House sit in private. The Deputy Speaker put the Question forthwith, pursuant to Standing Order No. 163 (Motions to sit in private). The House divided. Tellers for the Ayes, Mr Barry Gardiner, Rob Marris: 0. Tellers for the Noes, Mr Andrew Miller, Mr Andrew Dismore: 23. And it appearing on the report of the Division that fewer than forty Members had taken part in the Division, the Deputy Speaker declared that the Question was not decided, and the business under consideration stood over until the next Sitting of the House.
And the Question being again proposed:—The House resumed the adjourned Debate. And it being half-past Two o'clock, the Debate stood adjourned. Ordered, That the Debate be resumed on Friday 30th April.
Ordered, That the Debate be resumed on Friday 30th April.
And the Motion having been made after half-past Two 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 Three o'clock, till Monday 29th March. [Adjourned at 3 p.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Negative Resolution:
APPENDIX II Reports from Select Committees
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
