Commons Journal

Session 2003-2004

Commons Journal 260
Chronological Index
Alphabetical Index - Part I
Alphabetical Index - Part II

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[No. 74.]
Monday 26th April 2004.

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

1 First Standing Committee on Delegated Legislation,—Derek Conway reported from the First Standing Committee on Delegated Legislation the draft Competition Act 1998 and Other Enactments (Amendment) Regulations 2004, the draft Competition Act 1998 (Determination of Turnover for Penalties) (Amendment) Order 2004 and the draft Competition Act 1998 (Land Agreements Exclusion and Revocation) Order 2004.

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

2 Second Standing Committee on Delegated Legislation,—Mr Eric Illsley reported from the Second Standing Committee on Delegated Legislation the draft Non-Domestic Rating (Chargeable Amounts) (Amendment) (England) Regulations 2004.

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

3 Third Standing Committee on Delegated Legislation,—David Taylor reported from the Third Standing Committee on Delegated Legislation the draft Accession (Immigration and Worker Registration) Regulations 2004.

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

4 European Standing Committee C,—Mr Eric Forth reported from European Standing Committee C the following Resolution:

That the Committee takes note of European Union Document No. 5916/04, draft Council Decision authorising the placing on the market of sweet corn from genetically modified maize line Bt11; and supports the Government's view that the sweet corn meets the necessary requirements for authorisation under Regulation (EC) No. 258/97.

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

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

The Lords insist on certain of their Amendments to the Planning and Compulsory Purchase Bill, to which the this House has disagreed, for which insistence they assign their Reasons; they do not insist on another Amendment to which this House has disagreed but propose an Amendment in lieu thereof, to which they desire the agreement of this House; they do not insist on certain other Amendments to which this House has disagreed and agree to the Amendments proposed by this House in lieu thereof; and they do not insist on their remaining Amendments to which this House has disagreed.

6 Planning and Compulsory Purchase Bill,—Lords Reasons for insisting on certain Lords Amendments to the Planning and Compulsory Purchase Bill and a Lords Amendment in lieu of a Lords Amendment to the Bill to be considered to-morrow and to be printed [Bill 94].

7 Protective Headgear for Young Cyclists Bill,—The Order for reading the Protective Headgear for Young Cyclists Bill a second time this day was read and discharged.

Bill to be read a second time on Friday 18th June.

8 Justice (Northern Ireland) Bill [Lords],—The House, according to Order, proceeded to consider the Justice (Northern Ireland) Bill [Lords], as amended in the Standing Committee.

A Clause (NC4)—(Anti-social behaviour: Report)—(Mr Desmond Swayne)—brought up, and read the first time.

Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn.

Amendment (No. 4) proposed to the Bill, in page 2, line 3, to leave out from the word ‘Chancellor' to the end of line 5.—(Lembit Opik.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Bob Russell, Mr Don Foster: 147.

Tellers for the Noes, Mr Fraser Kemp, Derek Twigg: 276.

Another Amendment (No. 23) proposed to the Bill, in page 2, to leave out lines 26 to 40.—(Mr Andrew Hunter.)

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Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Mr Nigel Dodds, Mrs Iris Robinson: 113.

Tellers for the Noes, Mr Fraser Kemp, Derek Twigg: 307.

Another Amendment (No. 1) proposed to the Bill, in page 3, line 25, to leave out Clause No. 5.—(Mr Desmond Swayne.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Hugh Robertson, Mr Mark Francois: 151.

Tellers for the Noes, Paul Clark, Gillian Merron: 266.

Another Amendment (No. 22) proposed to the Bill, in page 3, line 38, after the word ‘shall', to insert the words ‘within his discretion'.—(Mr Andrew Hunter.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Mr Andrew Hunter, Mr Nigel Dodds: 137.

Tellers for the Noes, Mr John Heppell, Mr Vernon Coaker: 248.

Another Amendment (No. 7) proposed to the Bill, in page 4, line 13, to leave out Clause No. 7.—(Mr Alistair Carmichael.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Sir Robert Smith, Mr David Heath: 132.

Tellers for the Noes, Gillian Merron, Charlotte Atkins: 254.

Another Amendment (No. 16) proposed to the Bill, in page 4, line 38, at the end, to insert the words ‘contained in binding treaties ratified by the United Kingdom.'.—(Mr David Trimble.)

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

Amendments (Nos. 2 and 3) made to the Bill.

A Motion was made, and the Question being put, That the Bill be now read the third time;

The House divided.

Tellers for the Ayes, Mr Jim Murphy, Charlotte Atkins: 294.

Tellers for the Noes, Mr Hugo Swire, Mr Mark Francois: 102.

So the Question was agreed to.

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

9 Criminal Law,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Sexual Offences Act 2003 (Travel Notification Requirements) Regulations 2004, which were laid before this House on 25th March, be approved—(Joan Ryan):—It was agreed to.

10 Criminal Law,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Criminal Justice Act 1988 (Offensive Weapons) (Amendment) Order 2004, which was laid before this House on 15th March, be approved—(Joan Ryan):—It was agreed to.

11 Merchant Shipping,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Merchant Shipping (Convention on Limitation of Liability for Maritime Claims) (Amendment) Order 2004, which was laid before this House on 24th March, be approved—(Joan Ryan):—It was agreed to.

12 Local Government Finance,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Local Government Finance (England) Limitation of Council Tax and Precepts (Alternative Notional Amounts) Report (England) 2004–05, which was laid before this House on 25th March, be approved—(Joan Ryan):—It was agreed to.

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13 Representation of the People (Northern Ireland),—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft European Parliamentary Elections (Northern Ireland) Regulations 2004, which were laid before this House on 18th March, be approved—(Joan Ryan):—It was agreed to.

14 Value Added Tax,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Value Added Tax (Buildings and Land) Order 2004 (S.I., 2004, No. 778), dated 17th March 2004, a copy of which was laid before this House on 17th March, be approved—(Joan Ryan):—It was agreed to.

15 Asylum Systems,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 119 (European Standing Committees), That this House takes note of European Union Document No. 10243/03, Commission Communication: Towards more accessible, equitable and managed asylum systems; welcomes the Commission's endorsement of the United Kingdom's analysis of the problem; and notes that this is only an interim discussion paper pending the submission by the Commission of a more substantive report by June 2004—(Joan Ryan):—It was agreed to.

16 Adjournment (May),—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 25 (Periodic adjournments), That this House, at its rising on Friday 30th April, do adjourn till Tuesday 4th May—(Joan Ryan):—It was agreed to.

17 European Scrutiny,—Ordered, That Tony Cunningham and Mr Colin Breed be discharged from the European Scrutiny Committee and Sandra Osborne and Nick Harvey be added.—(Joan Ryan.)

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

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

19 Adjournment,—Resolved, That this House do now adjourn.—(Joan Ryan.)

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

[Adjourned at 10.06 p.m.

APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1 Criminal Law,—Draft Criminal Justice Act 2003 (Conditional Cautions: Code of Practice) Order 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Blunkett].

2 European Communities,—Draft European Communities (Definition of Treaties) (Agreement on Enlargement of the European Economic Area) Order 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Straw].

Papers subject to Negative Resolution:

3 Education,—Education (Student Loans) (Repayment) (Amendment) Regulations 2004 (S.I., 2004, No. 1175), dated 20th April 2004 [by Act] [Mr Secretary Clarke].

4 Environmental Protection,—Packaging (Essential Requirements) (Amendment) Regulations 2004 (S.I., 2004, No. 1188), dated 21st April 2004 [by Act] [Ms Secretary Hewitt].

5 Legal Profession,—European Communities (Services of Lawyers) (Amendment) Order 2004 (S.I., 2004, No. 1117), dated 14th April 2004 [by Act] [Mr David Lammy].

6 Legal Services Commission,—(1) Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2004 (S.I., 2004, No. 1196), and

(2) Criminal Defence Service (Recovery of Defence Costs Orders) (Amendment) Regulations 2004 (S.I., 2004, No. 1195)

dated 23rd April 2004 [by Act] [Mr David Lammy].

7 Local Government,—(1) Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2004 (S.I., 2004, No. 1158), dated 19th April 2004, and

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(2) Local Government (Best Value) Performance Indicators and Performance Standards (Amendment) (No. 2) Order 2004 (S.I., 2004, No. 1176), dated 21st April 2004

[by Act] [Mr Secretary Prescott].

8 National Health Service,—Health Service Commissioner for England (Special Health Authorities) Order 2004 (S.I., 2004, No. 1119), dated 14th April 2004 [by Act] [Mr Secretary Reid].

9 Taxes,—Stamp Duty Land Tax (Amendment of Part 4 of the Finance Act 2003) (No. 2) Regulations 2004 (S.I., 2004, No. 1206), dated 26th April 2004 [by Act] [Ruth Kelly].

10 Trusts,—King's College London Act 1978 (Amendment) Order 2004 (S.I., 2004, No. 1194), dated 22nd April 2004 [by Act] [Mr David Lammy].

Other Papers:

11 Environment, Food and Rural Affairs,—Paper entitled, Energy Efficiency: The Government's Plan for Action [by Command] [Cm. 6168] [Secretary Margaret Beckett].

12 Home Office,—Paper, entitled Legislation on Identity Cards: A Consultation, together with a draft Identity Cards Bill and Explanatory Notes [by Command] [Cm. 6178] [Mr Secretary Blunkett].

13 National Health Service,—Summarised Accounts of Strategic Health Authorities, Primary Care Trusts and NHS Trusts in England, of the Dental Practice Board and Special Health Authorities providing central services in England, and of funds held on Trust by Health Authorities, Primary Care Trusts, NHS Trusts, Special Health Authorities and Special Trustees in England for 2002–03, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 505-I and -II] [Clerk of the House].

14 School Standards and Framework,—Accounts of—

(1) Barnsley Education Action Zone for 1st April to 31st August 2003,

(2) Dingle Granby Toxteth Education Action Zone for 2002–03,

(3) East Basildon Education Action Zone for 1st April to 31st December 2003,

(4) Halifax Education Action Zone for 1st April to 31st December 2003,

(5) Nottingham Education Action Zone for 1st April to 31st December 2003,

(6) Sheffield Education Action Zone for 1st April to 31st December 2003, and

(7) Speke Garston Education Action Zone for 2002–03,

with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 542, 543, 544, 545, 546, 547 and 548] [Clerk of the House].

15 Terrorism,—Report on the Operation in 2002 and 2003 of the Terrorism Act 2000 [by Act] [Mr Secretary Blunkett].

Papers withdrawn:

16 Criminal Law,—Draft Criminal Justice Act 2003 (Conditional Cautions: Code of Practice) Order 2004 [laid 19th April].

17 European Communities,—Draft European Communities (Definition of Treaties) (Agreement on the Participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the European Economic Area) Order 2004 [laid 21st April].

APPENDIX II

Standing Committees

1 Promotion of Volunteering Bill,—The Committee of Selection has discharged Mr James Arbuthnot from Standing Committee C (nominated in respect of the Bill); and nominated in substitution Mr Tim Boswell.

2 Gangmasters (Licensing) Bill,—The Committee of Selection has discharged Mr Eric Martlew from Standing Committee C (nominated in respect of the Bill); and nominated in substitution Anne Picking.

3 Draft Non-domestic Rating (Chargeable Amounts) (Amendment) (England) Regulations 2004,—The Committee of Selection has discharged Linda Gilroy from the Second Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations); and nominated in substitution Mr Terry Rooney.

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4 Draft Cash Ratio Deposits (Value Bands and Ratios) Order 2004,—The Committee of Selection has discharged Mr Paul Boateng and Helen Southworth from the Sixth Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution John Healey and Mr Tom Watson.

APPENDIX III

Reports from Select Committees

1 Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [National Skills Strategy: 14–19 Education]; to be printed [No. 197-x] [Mr Barry Sheerman].

2 Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Reform of the Sugar Regime Sub-Committee of the Environment, Food and Rural Affairs Committee [Reform of the Sugar Regime]; to be printed [No. 550-i] [Mr Michael Jack].

3 Northern Ireland Affairs,—(1) Fourth Report from the Northern Ireland Affairs Committee [The Compensation Agency], 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. 271]; and

(2) Minutes of Evidence taken before the Committee [The Parades Commission and Public Processions (Northern Ireland) Act 1998]; to be printed [No. 224-vi]

[Mr Michael Mates].

4 Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—Minutes of Evidence taken before the Urban Affairs Sub-Committee of the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee [The Egan Review: Skills for Sustainable Communities]; to be printed [No. 549-i] [Andrew Bennett].

5 Public Accounts,—(1) Twentieth Report from the Committee of Public Accounts [Improving Service Delivery: The Veterans Agency]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 551]; and

(2) Minutes of Evidence taken before the Committee [Increased resources to improve public services: a progress report on the departments' preparations]; to be printed [No. 552-i]

[Mr Edward Leigh].

6 Science and Technology,—Minutes of Evidence taken before the Science and Technology Committee [The Use of Science in UK International Development Policy]; to be printed [No. 133-iv] [Dr Ian Gibson].

[No. 75.]
Tuesday 27th April 2004.

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

1 Pensions Bill,—Mr James Cran reported from Standing Committee B, That it had gone through the Pensions Bill, and made Amendments thereunto.

Bill, as amended in the Standing Committee, to be considered to-morrow; and to be printed [Bill 96].

Minutes of Proceedings of the Committee to be printed [No. 554].

2 Sixth Standing Committee on Delegated Legislation,—David Taylor reported from the Sixth Standing Committee on Delegated Legislation the draft Cash Ratio Deposits (Value Bands and Ratios) Order 2004.

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

3 Telecommunications (Permitted Development Rights) (Amendment),—Ordered, That leave be given to bring in a Bill to amend the Town and Country Planning (General Permitted Development) Order 1995 to require that the erection of a telecommunications mast can only take place under permitted development rights when it has been shown that the operator has complied with the Code of Practice of the operators of mobile telecommunications systems: And that Jim Dowd, Andy Burnham, Sir Sydney Chapman, Siobhain McDonagh, Mr Andrew Miller, Mr Andrew Mitchell, Mr Colin Pickthall, Mr Greg Pope, Mr Stephen Pound, Bob Russell and Brian White do prepare and bring it in.

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4 Telecommunications (Permitted Development Rights) (Amendment) Bill,—Jim Dowd accordingly presented a Bill to amend the Town and Country Planning (General Permitted Development) Order 1995 to require that the erection of a telecommunications mast can only take place under permitted development rights when it has been shown that the operator has complied with the Code of Practice of the operators of mobile telecommunications systems: And the same was read the first time; and ordered to be read a second time on Friday 21st May and to be printed [Bill 95].

5 Finance Bill,—The House, according to Order, resolved itself into a Committee on the Finance Bill (Clauses Nos. 4, 5, 20, 28, 57 to 77, 86, 111 and 282 to 289 and Schedules Nos. 1, 3, 11, 12, 21 and 37 to 39).

(In the Committee)

Ordered, That the Order in which proceedings in the Committee of the whole House on the Finance Bill are to be taken shall be: Clause 4; Schedule 1; Clauses 5, 20 and 28; Schedule 3; Clauses 57 to 64; Schedule 11; Clauses 65 to 76; Schedule 12; Clauses 77, 86 and 111; Schedule 21; Clause 282; Schedule 37; Clauses 283 and 284; Schedule 38; Clauses 285 to 288; Schedule 39; Clause 289.—(Dawn Primarolo.)

Clause No. 4 (Duty stamps for spirits etc).

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

The Committee divided.

Tellers for the Ayes, Derek Twigg, Mr Vernon Coaker: 298.

Tellers for the Noes, Mr David Ruffley, Mr Geoffrey Clifton-Brown: 186.

Schedule No. 1 agreed to.

Clause No. 5 (Rates).

Amendment (No. 2) proposed, in page 4, line 9, to leave out ‘£0.0664' and insert ‘£0.0435'.—(Mr Andrew Tyrie.)

Question put, That the Amendment be made.

The Committee divided.

Tellers for the Ayes, Mr Geoffrey Clifton-Brown, Mr David Ruffley: 166.

Tellers for the Noes, Mr Fraser Kemp, Derek Twigg: 294.

Clause agreed to.

Clause No. 20 agreed to.

Clause No. 28 (The non-corporate distribution rate).

Amendment (No. 3) proposed, in page 22, line 26, at the end, to insert the words ‘and—

(c) the company does not retain at least £10,000 of its distributable profits for the period.'.—(Mr Howard Flight.)

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

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

The Committee divided.

Tellers for the Ayes, Mr Jim Murphy, Mr Fraser Kemp: 280.

Tellers for the Noes, Mr David Ruffley, Mr Geoffrey Clifton-Brown: 186.

Schedule No. 3 agreed to.

Clauses Nos. 57 to 64 agreed to.

Schedule No. 11 agreed to.

Clause No. 65 agreed to.

Clause No. 66 (Cancellation of registration of gross payment).

Amendment (No. 40) proposed in page 68, line 25, after the word ‘it', to insert the words ‘twice within a period of five years'.—(Mr David Laws.)

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

Clause agreed to.

Clauses Nos. 67 to 69 agreed to.

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Clause No. 70 (Periodic returns by contractors etc).

Amendment (No. 41) proposed, in page 70, line 44, after the word ‘that', to insert the words ‘he has taken appropriate steps to confirm that to the best of his knowledge'.—(Mr David Laws.)

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

Clause agreed to.

Clauses Nos. 71 to 76 agreed to.

Schedule No. 12 agreed to.

Clause No. 77 agreed to.

To report progress and ask leave to sit again.—(Charlotte Atkins.)

The Deputy Speaker resumed the Chair and Charlotte Atkins reported, That the Committee had made progress in the Bill, and that she was directed to move, That the Committee may have leave to sit again.

Committee again to-morrow.

6 Immigration,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Accession (Immigration and Worker Registration) Regulations 2004, which were laid before this House on 25th March, be approved—(Charlotte Atkins):—It was agreed to.

7 Competition,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Competition Act 1998 (Land Agreements Exclusion and Revocation) Order 2004, which was laid before this House on 19th April, be approved—(Charlotte Atkins):—It was agreed to.

8 Competition,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Competition Act 1998 and Other Enactments (Amendment) Regulations 2004, which were laid before this House on 31st March, be approved—(Charlotte Atkins):—It was agreed to.

9 Competition,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Competition Act 1998 (Determination of Turnover for Penalties) (Amendment) Order 2004, which was laid before this House on 31st March, be approved—(Charlotte Atkins):—It was agreed to.

10 Marketing of Sweet Corn from Genetically Modified Maize,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 119 (European Standing Committees), That this House takes note of European Union Document No. 5916/04, draft Council Decision authorising the placing on the market of sweet corn from genetically modified maize line Bt11; and supports the Government's view that the sweet corn meets the necessary requirements for authorisation under Regulation (EC) No. 258/97—(Charlotte Atkins):—It was agreed to.

11 Standing Committee on Regional Affairs,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 117 (Standing Committee on Regional Affairs), That—

(1) the matter of regional economic performance and the northern way, being a matter relating to regional affairs in England, be referred to the Standing Committee on Regional Affairs;

(2) the Committee do meet at a quarter-past Two o'clock on Tuesday 15th June at Westminster to consider the matter referred to it under paragraph (1) above; and

(3) the proceedings at the meeting be brought to a conclusion at a quarter past Five o'clock—(Charlotte Atkins):—It was agreed to.

12 Business of the House,—Ordered, That, at the sitting on Wednesday 5th May—

(1) notwithstanding the provisions of paragraphs (2)(b) and (2)(c)(i) of Standing Order No. 14 (Arrangement of public business), proceedings on Opposition business may continue for three hours or until Four o'clock, whichever is the later, and shall then lapse if not previously disposed of; and

(2) proceedings on the Motion for the adjournment of the House relating to Genetically Modified Crops may continue, though opposed, for three hours or until Seven o'clock, whichever is the later, and shall then lapse if not previously disposed of.—(Charlotte Atkins.)

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13 Public Petitions,—A Public Petition from the parents, staff and students of Cheadle Hulme College, Cheadle, for improved provision of school equipment was presented and read; and ordered to lie upon the Table and to be printed.

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

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

[Adjourned at 7.59 p.m.

APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Negative Resolution:

1 Agriculture,—Products of Animal Origin (Third Country Imports) (England) Regulations 2004 (S.I., 2004, No. 1214), dated 26th April 2004 [by Act] [Secretary Margaret Beckett].

2 Disabled Persons,—Disability Discrimination (Questions and Replies) Order 2004 (S.I., 2004, No. 1168), dated 20th April 2004 [by Act] [Mr Secretary Smith].

3 Medicines,—(1) Medicines (Pharmacy and General Sale—Exemption) Amendment (No. 2) Order 2004 (S.I., 2004, No. 1190), and

(2) Prescription Only Medicines (Human Use) Amendment (No. 2) Order 2004 (S.I., 2004, No. 1189),

dated 22nd April 2004 [by Act] [Mr Secretary Reid].

Other Papers:

4 Police (Northern Ireland),—Tenth Report of the Oversight Commissioner [by Act] [Mr Secretary Murphy].

5 Public Petitions,—Observations from the—

(1) Deputy Prime Minister on the Petition [31st March] from Sandra Evelyn Cole and other residents of Royston, Hertfordshire, for local control of siting of mobile telephone masts; and

(2) Secretary of State for Culture, Media and Sport on the Petition [3rd April, in the last Session of Parliament] from Mrs Irene Haylock, Ashleigh Sharp, Jessica Arnold, members of the Benfleet Hard of Hearing Club and others for amendments to the Communications Bill to end exclusion of hearing-impaired persons from digital television, radio and telephone services

[by Standing Order] [Clerk of the House].

APPENDIX II

Standing Committees

1 Promotion of Volunteering Bill,—The Committee of Selection has discharged Mr Barry Gardiner and Mr Andrew Miller from Standing Committee C (nominated in respect of the Bill); and nominated in substitution Kali Mountford and Kate Hoey.

2 Christmas Day (Trading) Bill,—The Speaker has allocated the Bill to Standing Committee D (transferred from Standing Committee C).

3 Draft Cash Ratio Deposits (Value Bands and Ratios) Order 2004,—The Speaker has appointed David Taylor as an additional Chairman of the Sixth Standing Committee on Delegated Legislation in respect of the draft Order.

4 Draft European Communities (Definition of Treaties) (Agreement on Enlargement of the European Economic Area) Order 2004,—The Speaker has allocated the draft Order to the Ninth Standing Committee on Delegated Legislation and has appointed Mr Peter Pike Chairman.

APPENDIX III

Reports from Select Committees

1 Constitutional Affairs,—Minutes of Evidence taken before the Constitutional Affairs Committee [Civil Legal Aid: Adequacy of provision]; to be printed [No. 391-v] [Mr A. J. Beith].

2 Culture, Media and Sport,—Minutes of Evidence taken before the Culture, Media and Sport Committee [Drugs and role models in sport]; to be printed [No. 499-iii] [Mr Gerald Kaufman].

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3 Draft Disability Discrimination Bill,—Report from the Joint Committee on the Draft Disability Discrimination Bill, together with Appendices to the Minutes of Evidence taken before the Committee; to be printed, with Minutes of Proceedings of the Joint Committee [No. 352] [Mr Tom Clarke].

4 Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Environment, Food and Rural Affairs Committee [Agriculture and EU Enlargement]; to be printed [No. 421-iv] [Mr Michael Jack].

5 Foreign Affairs,—(1) Fourth Report from the Foreign Affairs Committee [Human Rights Annual Report 2003], together with the Minutes of Evidence; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 389];

(2) Fifth Report from the Committee [South Africa], together with Annexes and 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. 117]; and

(3) Memoranda laid before the Committee [Developments in the European Union]

[Mr Donald Anderson].

6 Home Affairs,—Minutes of Evidence taken before the Home Affairs Committee [Identity Cards]; to be printed [No. 130-vi] [Mr John Denham].

7 International Development,—(1) Fourth Report from the International Development Committee [Kenya: DFID's Country Assistance Plan 2004–07 and progress towards the Millennium Development Goals], together with an Appendix; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 494]; and

(2) Minutes of Evidence taken before the Committee on 26th April [Migration and Development]; to be printed [No. 79-xi]

[Tony Baldry].

8 Northern Ireland Affairs,—Minutes of Evidence taken before the Sub-Committee of the Northern Ireland Affairs Committee [Social Housing Provision in Northern Ireland]; to be printed [No. 493-vi] [Mr Tony Clarke].

9 Office of the Deputy Prime Minister: Housing Planning, Local Government and the Regions,—(1) Minutes of Evidence taken before the Office of the Deputy Prime Minister: Housing Planning, Local Government and the Regions Committee [Local Government Revenue]; to be printed [No. 402-i]; and

(2) Fifth Report from the Committee [Decent Homes], 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. 46-I]

[Andrew Bennett].

10 Regulatory Reform,—Sixth Report from the Regulatory Reform Committee [Proposal for the Regulatory Reform (Local Commissioner for Wales) Order 2004], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 553] [Mr Peter Pike].

11 Statutory Instruments,—Sixteenth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 82-xvi] [Mr David Tredinnick].

12 Treasury,—Minutes of Evidence taken before the Treasury Committee [Restoring confidence in long-term savings]; to be printed [No. 71-v] [Mr John McFall].

[No. 75; WH, No. 45]

Tuesday 27th April 2004.

The House sitting in Westminster Hall

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

Adjournment,—Resolved, That the sitting be now adjourned.—(Margaret Moran.)

And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 4.29 p.m.

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[No. 76.]
Wednesday 28th April 2004.

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

1 Income Tax,—The Vice-Chamberlain of the Household reported to the House, That its Address of 19th April had been presented to Her Majesty; and that Her Majesty had been pleased to receive the same very graciously and to give the following Answer:

I have received your Address praying that the Double Taxation Relief (Taxes on Income) (New Zealand) Order 2004 be made in the form of the draft laid before your House on 9th March.

I will comply with your request.

2 Gangmasters (Licensing) Bill,—Mr Eric Illsley reported from Standing Committee C, That it had gone through the Gangmasters (Licensing) Bill, and made Amendments thereunto, and had amended the Title, as follows:

A Bill to make provision for the licensing of activities involving the supply or use of workers in connection with agricultural work, the gathering of wild creatures and wild plants, the harvesting of fish from fish farms, and certain processing and packaging.

Bill, as amended in the Standing Committee, to be considered on Friday 21st May; and to be printed [Bill 98].

Minutes of Proceedings of the Committee to be printed [No. 563].

3 European Standing Committee C,—Mrs Irene Adams reported from European Standing Committee C the following Resolution:

That the Committee takes note of European Union Document No. 15494/03, draft Directive on batteries and accumulators and spent batteries and accumulators; supports the Government's intention to welcome the draft Directive and supports the Government's aim of securing legislation that achieves a high level of environmental protection and harmonisation of the single market, at lowest cost, taking a risk-based and proportional approach, and of ensuring that final collection and recycling targets for spent portable batteries and accumulators are challenging, but achievable.

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

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

Human Rights Act 1998 (Making of Remedial Orders) Amendment Bill [Lords],—The Lords have passed a Bill to amend Schedule 2 to the Human Rights Act 1998 in respect of the periods of time applying to the stages in making a remedial order under section 10 of that Act; to which the Lords desire the concurrence of this House.

5 Schools (Vending Machines) Bill,—The Order for reading the Schools (Vending Machines) Bill a second time on Friday 30th April was read and discharged.

Bill to be read a second time on Friday 18th June.

6 Rural Broadband Facilitation,—Ordered, That leave be given to bring in a Bill to promote the extension of high-speed broadband connectivity in rural areas, to encourage private investment in essential engineering; and for connected purposes: And that Mr Ian Liddell-Grainger, Mrs Angela Browning, Mr Adrian Flook, Mr Bill Wiggin, Mr Andrew Robathan, Mr Peter Atkinson, Angela Watkinson, Mr Paul Goodman and Mr Kevan Jones do prepare and bring it in.

7 Rural Broadband Facilitation Bill,—Mr Ian Liddell-Grainger accordingly presented a Bill to promote the extension of high-speed broadband connectivity in rural areas, to encourage private investment in essential engineering; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 15th October and to be printed [Bill 97].

8 Finance Bill,—The House, according to Order, again resolved itself into a Committee on the Finance Bill (Clauses Nos. 4, 5, 20, 28, 57 to 77, 86, 111 and 282 to 289 and Schedules Nos. 1, 3, 11, 12, 21 and 37 to 39).

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(In the Committee)

Clause No. 86 (Income of spouses: jointly held property).

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

The Committee divided.

Tellers for the Ayes, Bridget Prentice, Charlotte Atkins: 266.

Tellers for the Noes, Gregory Barker, Mr Peter Atkinson: 160.

Clause No. 111 agreed to.

Schedule No. 21 (Chargeable gains: restriction of gifts relief etc.).

Amendment (No. 8) proposed, in page 382, line 10, at the end, to insert the words ‘; or

(c) a person who would qualify for one or more of such benefits mentioned in paragraph (b) above if the appropriate claim were made.'.—(Mr Howard Flight.)

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

Another Amendment (No. 42) proposed, in page 386, line 15, to leave out the words ‘10th December 2003' and insert the words ‘1st April 2005'.—(Mr John Burnett.)

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

Schedule agreed to.

Clause No. 282 agreed to.

Schedule No. 37 (Stamp duty land tax and stamp duty).

Amendment (No. 11) proposed, in page 506, line 30, to leave out the words ‘or request'.—(Mr Mark Prisk.)

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

Another Amendment (No. 12) proposed, in page 510, to leave out lines 2 to 5.—(Mr Mark Prisk.)

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

Another Amendment (No. 14) proposed, in page 532, line 17, at the end, to insert the words ‘in the case of leases assigned within three years of grant.'.—(Mr Mark Prisk.)

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

Another Amendment (No. 13) proposed, in page 534, line 29, to leave out from the beginning to the end of line 7 on page 537.—(Mr Mark Prisk.)

Question put, That the Amendment be made.

The Committee divided.

Tellers for the Ayes, Mr Peter Atkinson, Mr Geoffrey Clifton-Brown: 127.

Tellers for the Noes, Margaret Moran, Paul Clark: 336.

Schedule agreed to.

Clause No. 283 (Notification, registration and penalties).

Amendment (No. 16) proposed, in page 237, line 16, to leave out the words ‘the land consists entirely of residential property and'.—(Mr Mark Prisk.)

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

Clause agreed to.

Clause No. 284 (Claims not included in returns).

Amendments (Nos. 17 and 18) made.

Clause, as amended, agreed to.

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Schedule No. 38 agreed to.

Clauses Nos. 285 to 288 agreed to.

Schedule No. 39 (Stamp duty land tax: application to certain partnership transactions).

Amendment (No. 19) proposed, in page 548, line 36, at the end, to add the words ‘which constitutes a chargeable interest.'.—(Mr Mark Prisk.)

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

Another Amendment (No. 20) proposed, in page 549, line 7, at the end, to insert the words—

‘(c) any interest in land wholly or partly situated in disadvantaged areas which would be exempt from charge if disposed of at market value.'.—(Mr Mark Prisk.)

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

Another Amendment (No. 21) proposed, in page 549, to leave out lines 8 to 16.—(Mr Mark Prisk.)

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

Another Amendment (No. 22) proposed, in page 549, line 20, to leave out the word ‘three' and insert the word ‘two'.—(Mr Mark Prisk.)

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

Another Amendment (No. 31) proposed, in page 550, line 12, at the end, to insert the words—

‘(4) The provisions of sub-paragraph (1) do not apply where the provisions of paragraph 10 apply.'.—(Mr Mark Prisk.)

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

Another Amendment (No. 26) proposed, in page 552, line 19, to leave out the words ‘20th October 2003' and insert the words ‘8th April 2004.'.—(Mr Mark Prisk.)

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

Another Amendment (No. 32) proposed, in page 554, to leave out lines 31 to 44.—(Mr Mark Prisk.)

Question put, That the Amendment be made.

The Committee divided.

Tellers for the Ayes, Mr David Ruffley, Gregory Barker: 182.

Tellers for the Noes, Bridget Prentice, Paul Clark: 295.

Another Amendment (No. 34) proposed, in page 555, line 46, after the first word ‘the', to insert the words ‘capital profits or (if no separate allocation is made of capital profits) the residuary allocation (after prior charges and allocations).'.—(Mr Mark Prisk.)

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

Schedule agreed to.

Clause No. 289 agreed to.

Bill (Clauses Nos. 4, 5, 20, 28, 57 to 77, 86, 111 and 282 to 289 and Schedules Nos. 1, 3, 11, 12, 21 and 37 to 39), as amended, to be reported.

The Deputy Speaker resumed the Chair; and Joan Ryan reported, that the Committee had gone through the Bill (Clauses Nos. 4, 5, 20, 28, 57 to 77, 86, 111 and 282 to 289 and Schedules Nos. 1, 3, 11, 12, 21 and 37 to 39), and made Amendments thereunto.

Ordered, That the Bill (Clauses Nos. 4, 5, 20, 28, 57 to 77, 86, 111 and 282 to 289 and Schedules Nos. 1, 3, 11, 12, 21 and 37 to 39), as amended in the Committee, do lie upon the Table.

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9 Scottish Parliament (Constituencies) Bill (Programme) (No. 2),—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 Order of 9th February 2004 (Scottish Parliament (Constituencies) Bill (Programme)) be varied by substituting for paragraph 5 the following:

‘Programming Committee

5. Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on the Bill'—(Joan Ryan):—It was agreed to.

10 Rating and Valuation,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Non-Domestic Rating (Chargeable Amounts) (Amendment) (England) Regulations 2004, which were laid before this House on 22nd March, be approved—(Joan Ryan):—It was agreed to.

11 Public Petitions,—Public Petitions from—

(1) Sarah Jean Borman and other electors in the Richmondshire District of Yorkshire for the investigation of their complaints against the District Council and for the effective discharge by Local Government Commissioners of their duties, and

(2) citizens of the United Kingdom for amendments to the Gender Recognition Bill

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

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

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

13 Adjournment,—Resolved, That this House do now adjourn.—(Joan Ryan.)

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

[Adjourned at 7.06 p.m.

APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1 Health Care and Associated Professions,—Draft Health Professions (Operating Department Practitioners and Miscellaneous Amendments) Order 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Reid].

2 Northern Ireland,—Direction given by the Secretary of State for Northern Ireland under section 51B(2) of the Northern Ireland Act 1998 on 28th April 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy].

Other Papers:

3 Financial Reporting to Parliament,—Departmental Report 2004: The Government's Expenditure Plans for 2003–04 to 2005–06 for—

(1) Cabinet Office [by Command] [Cm. 6226] [Mr Douglas Alexander].

(2) Department of Trade and Industry [by Command] [Cm. 6216] [Ms Secretary Hewitt].

4 Health and Social Care,—The Government's Annual Report on Learning Disabilities for 2004 [by Act]; to be printed [No. 507] [Mr Secretary Reid].

5 Naval and Marine Pay and Pensions,—Naval and Marine Pay and Pensions (Non-Effective Benefits and Family Pensions) Order 2004, dated 10th March 2004 [by Act] [Mr David Lammy].

6 Public Accounts,—Treasury Minutes on the Fifth, Ninth and Tenth Reports from the Committee of Public Accounts, Session 2003–04 [by Command] [Cm. 6175] [Ruth Kelly].

7 Treaty Series (No. 19, 2004),—Agreement, done at New York on 4th August 1995, for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10th December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks [by Command] [Cm. 6176] [Mr Secretary Straw].

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APPENDIX II

Standing Committees

1 Christmas Day Trading Bill,—The Committee of Selection has nominated sixteen Members to serve on Standing Committee D in respect of the Bill: Mr Colin Breed, Ann Coffey, Brian Cotter, Mr David Crausby, Mr Gerald Howarth, Helen Jones, Mr Kevan Jones, Mr Ian Liddell-Grainger, Shona McIsaac, John Mann, Mr Colin Pickthall, Mr Terry Rooney, Andrew Selous, Ian Stewart, Mr Gary Streeter and Mr Gerry Sutcliffe.

2 Finance Bill (except Clauses Nos. 4, 5, 20, 28, 57 to 77, 86, 111 and 282 to 289 and Schedules Nos. 1, 3, 11, 12, 21 and 37 to 39):

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

(2) the Committee of Selection has nominated thirty-three Members to serve on the Committee: Mr Peter Atkinson, Mr Richard Bacon, Mr Paul Boateng, Colin Burgon, Chris Bryant, Mr John Burnett, Dr Vincent Cable, Jon Cruddas, John Cryer, Mr Quentin Davies, Mrs Louise Ellman, Jeff Ennis, Jim Fitzpatrick, Mrs Lorna Fitzsimons, Mr Howard Flight, John Healey, Mr David Heyes, Mr Michael Jack, Ruth Kelly, Norman Lamb, Mr David Laws, Mr Calum MacDonald, Rob Marris, Mr George Osborne, Mr Stephen Pound, Dawn Primarolo, Mr Mark Prisk, James Purnell, Lawrie Quinn, Ian Stewart, Mr Mark Todd, Andrew Tyrie and Mr Tom Watson.

3 Draft Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (Immunities and Privileges) Order 2004,—The Committee of Selection has discharged Mr Ernie Ross from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Joan Ruddock.

4 Draft European Communities (Definition of Treaties) (Agreement on Enlargement of the European Economic Area) Order 2004,—The Committee of Selection has nominated sixteen Members to serve on the Ninth Standing Committee on Delegated Legislation in respect of the draft Order: Virginia Bottomley, Chris Bryant, Mrs Anne Campbell, Mr Michael Connarty, Mr Wayne David, Mr Michael Moore, Nick Harvey, Mr George Mudie, Mr Chris Mullin, Mr Jim Murphy, Mr Gordon Prentice, Hugh Robertson, Mr Richard Spring, Mr Gerry Steinberg, Mr John Taylor and Mr Mark Todd.

APPENDIX III

Reports from Select Committees

1 Environment, Food and Rural Affairs,—(1) Seventh Report from the Environment, Food and Rural Affairs Committee [Implementation of CAP Reform in the UK], 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. 226];

(2) Eighth Special Report from the Committee [Government's Reply to the Fourth Report from the Committee on End of Life Vehicles and Waste Electrical and Electronic Equipment (WEEE) Directives]; to be printed [No. 557];

(3) Minutes of Evidence taken before the Committee [Climate Change and Water Security]; to be printed [No. 558-i]; and

(4) Memoranda laid before the Committee [Implementation of CAP Reform in the UK]

[Mr Michael Jack].

2 Environmental Audit,—Fourth Report from the Environmental Audit Committee [Water: the Periodic Review 2004 and the Environmental Programme], 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. 416] [Mr Peter Ainsworth].

3 European Scrutiny,—(1) Eighteenth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 42-xviii]; and

(2) Minutes of Evidence taken before the Committee [European Evidence Warrant]; to be printed [No. 562-i]

[Mr Jimmy Hood].

4 Public Accounts,—(1) Twenty-first Report from the Committee of Public Accounts [Housing the Homeless]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 559];

(2) Twenty-second Report from the Committee [Excess Votes (Northern Ireland) 2002–03]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 560]; and

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(3) Minutes of Evidence taken before the Committee [Department for Regional Development: Management of Industrial Sickness Absence]; to be printed [No. 561-i]

[Mr Edward Leigh].

5 Transport,—Minutes of Evidence taken before the Transport Committee [Navigational Hazards]; to be printed [No. 555-i] [Mrs Gwyneth Dunwoody].

6 Treasury,—Minutes of Evidence taken before the Sub-Committee of the Treasury Committee [The Merger of Customs & Excise and the Inland Revenue]; to be printed [No. 556-i] [Mr John McFall].

7 Welsh Affairs,—Minutes of Evidence taken before the Welsh Affairs Committee [Manufacturing and Trade in Wales]; to be printed [No. 323-vii] [Mr Martyn Jones].

[No. 76; WH, No. 46]

Wednesday 28th April 2004.

The House sitting in Westminster Hall

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

Adjournment,—A Motion was made, and the Question being proposed, That the sitting be now adjourned—(Mr Nick Ainger);

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

[Adjourned at 4.44 p.m.

[No. 77.]
Thursday 29th April 2004.

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

1 Fourth Standing Committee on Delegated Legislation,—Miss Anne Begg reported from the Fourth Standing Committee on Delegated Legislation the draft Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organisation (Immunities and Privileges) Order 2004.

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

2 Fifth Standing Committee on Delegated Legislation,—Mr Alan Hurst reported from the Fifth Standing Committee on Delegated Legislation the Naval Discipline Act 1957 (Remedial) Order 2004 (S.I., 2004, No. 66) and the draft Army, Air Force and Naval Discipline Acts (Continuation) Order 2004.

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

3 Eighth Standing Committee on Delegated Legislation,—Mr Nigel Beard reported from the Eighth Standing Committee on Delegated Legislation the Customs and Excise Duties (Travellers' Allowances and Personal Reliefs) (New Member States) Order 2004 (S.I., 2004, No. 1002).

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

4 Ninth Standing Committee on Delegated Legislation,—Mr Peter Pike reported from the Ninth Standing Committee on Delegated Legislation the draft European Communities (Definition of Treaties) (Agreement on Enlargement of the European Economic Area) Order 2004.

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

5 Northern Ireland Grand Committee,—Mrs Marion Roe reported from the Northern Ireland Grand Committee, That it had considered the matter of the social economy in Northern Ireland, referred to it on 19th April.

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

The Lords agree to the Amendments made by this House to the Justice (Northern Ireland) Bill, without Amendment.

Health Protection Agency Bill [Lords],—The Lords have passed a Bill to establish the Health Protection Agency and make provision as to its functions, to which the Lords desire the concurrence of this House.

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7 Health Protection Agency Bill [Lords],—The Health Protection Agency Bill [Lords] was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 99].

Ordered, That the Explanatory Notes relating to the Health Protection Agency Bill [Lords] be printed [Bill 99–EN].

8 Planning and Compulsory Purchase Bill,—The House, according to Order, proceeded to consider the Lords Reasons for insisting on certain Amendments to which the Commons have disagreed and a Lords Amendment in lieu of another Lords Amendment to the Planning and Compulsory Purchase Bill.

Lords Amendment No. 1.

A Motion was made, and the Question being put, That this House insists on its disagreement to the Lords Amendment—(Keith Hill);

The House divided.

Tellers for the Ayes, Mr Fraser Kemp, Bridget Prentice: 235.

Tellers for the Noes, Mr John Randall, Mr Hugo Swire: 140.

So the Question was agreed to.

Resolved, That this House insists on its disagreement to the Lords Amendment.

An Amendment ((a)) was made to the Bill in lieu of Lords Amendment No. 1.

Lords Amendment No. 3.

A Motion was made, and the Question being put, That this House insists on its disagreement to the Lords Amendment—(Keith Hill);

The House divided.

Tellers for the Ayes, Mr Fraser Kemp, Bridget Prentice: 235.

Tellers for the Noes, Mr John Randall, Mr Hugo Swire: 141.

So the Question was agreed to.

Resolved, That this House insists on its disagreement to the Lords Amendment.

It being more than one hour after the commencement of proceedings on the Lords Message, the Deputy Speaker put forthwith the Question on the remaining Lords Amendment, pursuant to Order [19th April].

Lords Amendment No. 41B in lieu of Lords Amendment No. 41 was agreed to.

A Motion was made, and the Question being put forthwith pursuant to Orders [28th June 2002 and 6th November 2003 (Programming of Bills)], That a Committee be appointed to draw up a Reason to be assigned to the Lords for insisting on disagreeing to their Amendment No. 3.

That Paul Clark, Linda Gilroy, Matthew Green, Mr John Hayes and Keith Hill be Members of the Committee.

That Keith Hill be the Chairman of the Committee.

That three be the quorum of the Committee.

That the Committee do withdraw immediately—(Paul Clark):—It was agreed to.

9 Opposition Day [7th allotted day: second part],—It being an allotted day at the disposal of the Leader of the Opposition in pursuance of Standing Order No. 14 (Arrangement of public business), the House proceeded to consider Opposition business.

Government's Record on Animal and Plant Diseases,—A Motion was made, and the Question being proposed, That this House recognises the potential risk posed to British agriculture and to the environment of the UK by the importation of animal and plant diseases; acknowledges the crucial importance of preventing diseases from entering the country; notes with concern the increase in the number of diseases in Britain emanating from abroad and the spread of virulent epidemics across the world; recognises the implications for biosecurity of the enlargement of the European Union; condemns the Government for failing to learn the lessons from the recent outbreak of foot and mouth disease; regrets the failure of the Government to address these problems and to instil confidence in the farming community; and calls on the Government to take urgent action to put in place the stringent measures necessary to prevent animal and plant disease from entering the UK—(Mrs Theresa May);

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 ‘commends the action taken by this Government to eradicate exotic plant and animal disease when it occurs, and to control endemic disease; congratulates the Government on its actions that have succeeded in reducing the number of BSE clinical cases to just 184 last year; further congratulates the Government on eradicating a major outbreak of Foot and Mouth Disease in seven months and on implementing the recommendations of the Lessons Learned and Royal
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Society Inquiries so that Government is better prepared to tackle a future outbreak of a major livestock disease; welcomes the significant progress made to tackle illegal imports both by increasing enforcement activity at the border and by increasing public awareness; applauds the Government on its action taken against other animal and plant diseases, notably Salmonella Java and potato ring rot; and notes the Government's continuing commitment to prevent serious animal and plant disease', instead thereof.—(Mr Ben Bradshaw.)

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

David Maclean rose in his place and claimed to move, That the Question be now put.

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

And the Question being accordingly put;

The House divided.

Tellers for the Ayes, Mr John Randall, Mr Hugo Swire: 132.

Tellers for the Noes, Mr Fraser Kemp, Joan Ryan: 235.

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 commends the action taken by this Government to eradicate exotic plant and animal disease when it occurs, and to control endemic disease; congratulates the Government on its actions that have succeeded in reducing the number of BSE clinical cases to just 184 last year; further congratulates the Government on eradicating a major outbreak of Foot and Mouth Disease in seven months and on implementing the recommendations of the Lessons Learned and Royal Society Inquiries so that Government is better prepared to tackle a future outbreak of a major livestock disease; welcomes the significant progress made to tackle illegal imports both by increasing enforcement activity at the border and by increasing public awareness; applauds the Government on its action taken against other animal and plant diseases, notably Salmonella Java and potato ring rot; and notes the Government's continuing commitment to prevent serious animal and plant disease.

10 Planning and Compulsory Purchase Bill,—Keith Hill reported from the Committee appointed to draw up a Reason for insisting on the House's disagreement to one of the Lords Amendments to the Planning and Compulsory Purchase Bill, That it had drawn up the following Reason, which it had directed him to report to the House:

The Commons insist on their disagreement to Lords Amendment No. 3 for the following Reason:

Because it is not appropriate to create more than one tier of regional spatial strategy.

The Reason was agreed to.

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

11 Draft Charities Bill (Joint Committee),—Ordered, That the Lords Message of 19th April, relating to a Joint Committee of both Houses to consider and report on any draft Charities Bill presented to both Houses by a Minister of the Crown, be now considered.

That this House concurs with the Lords that it is expedient that a Joint Committee of Lords and Commons be appointed to consider and report on any draft Charities Bill presented to both Houses by a Minister of the Crown, and that the Committee shall report on the draft Bill by 30th September 2004.

That a Select Committee of six honourable Members be appointed to join with the Committee appointed by the Lords to consider the draft Charities Bill.

That the Committee shall have power—

(i) to send for persons, papers and records;

(ii) to sit notwithstanding any adjournment of the House;

(iii) to report from time to time;

(iv) to appoint specialist advisers;

(v) to adjourn from place to place within the United Kingdom; and

That the quorum of the Committee shall be two.

That Mr Alan Campbell, Mr George Foulkes, Ms Sally Keeble, Mr Alan Milburn, Mr Andrew Mitchell and Bob Russell be members of the Committee.—(Paul Clark.)

Message to the Lords to acquaint them therewith.

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12 Standards and Privileges,—Ordered, That Richard Ottaway be discharged from the Committee on Standards and Privileges and Mrs Angela Browning be added.—(Paul Clark.)

13 Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Paul Clark);

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 to-morrow.

[Adjourned at 6.47 p.m.

APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Negative Resolution:

1 Education,—Yeovil Schools (School Day and School Year Regulations) Order 2004 (S.I., 2004, No. 1191), dated 22nd April 2004 [by Act] [Mr Secretary Clarke].

2 Immigration,—Statement of Changes in Immigration Rules [by Act]; to be printed [No. 523] [Mr Secretary Blunkett].

3 Transport,—Cableway Installations (Amendment) Regulations 2004 (S.I., 2004, No. 1230), dated 27th April 2004 [by Act] [Mr Secretary Darling].

Other Papers:

4 Financial Reporting to Parliament,—Departmental Report 2004: The Government's Expenditure Plans for 2003–04 to 2005–06 for:—

(1) Department for Culture, Media and Sport and DCMS Sponsored Bodies [by Command] [Cm. 6220] [Secretary Tessa Jowell];

(2) Department for Environment, Food and Rural Affairs and the Forestry Commission [by Command] [Cm. 6219] [Secretary Margaret Beckett];

(3) Department for International Development [by Command] [Cm. 6214] [Secretary Hilary Benn];

(4) Department for Work and Pensions [by Command] [Cm. 6221] [Mr Secretary Smith];

(5) Department of Health [by Command] [Cm. 6204] [Mr Secretary Reid];

(6) Food Standards Agency [by Command] [Cm. 6205] [Mr Secretary Reid]; and

(7) Foreign and Commonwealth Office [by Command] [Cm. 6213] [Mr Secretary Straw].

5 Regulatory Reform,—Proposal for a Regulatory Reform (Trading Stamps) Order 2004, together with a Statement by the Department of Trade and Industry [by Act] [Ms Secretary Hewitt].

6 Water Industry,—Report of the Director General of Water Services for 2003–04 [by Act]; to be printed [No. 522] [Secretary Margaret Beckett].

APPENDIX II

Standing Committees

1 Finance Bill,—The Speaker has appointed Mr John McWilliam and Sir John Butterfill Chairmen of Standing Committee A in respect of the Bill.

2 Promotion of Volunteering Bill,—The Speaker has appointed Mr David Amess Chairman of Standing Committee C in respect of the Bill.

3 Customs and Excise Duties (Travellers' Allowances and Personal Reliefs) (New Member States) Order 2004 (S.I., 2004, No. 1002),—The Committee of Selection has discharged Helen Southworth from the Eighth Standing Committee on Delegated Legislation (nominated in respect of the Order) and nominated in substitution Mr Tom Watson.

European Standing Committees

4 The Speaker has appointed Mr John Cummings Chairman of European Standing Committee C in respect of European Union Document No. 15529/03 on Doha Development Agenda.

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5 The Speaker has appointed Mr Kevin Hughes Chairman of European Standing Committee C in respect of European Union Document No. 11646/03 on nutrition and health claims made on foods.

APPENDIX III

Reports from Select Committees

Public Administration,—Minutes of Evidence taken before the Select Committee on Public Administration [The Honours System]; to be printed [No. 212-vi] [Tony Wright].

[No. 77; WH, No. 47]

Thursday 29th April 2004.

The House sitting in Westminster Hall

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

Adjournment (Development Assistance and the Occupied Palestinian Territories—Second Report from the International Development Committee, Session 2003–04, and the Government's response thereto),—A Motion was made, and the Question being proposed, That the sitting be now adjourned—(Derek Twigg);

And the sitting having continued for three hours, it was adjourned without Question put, till Tuesday 4th May.

[Adjourned at 5.55 p.m.

[No. 78.]
Friday 30th April 2004.

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

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

PRAYERS.

2 The Second Deputy Chairman of Ways and Means took the Chair as Deputy Speaker.

3 Sustainable and Secure Buildings Bill,—The House, according to Order, proceeded to consider the Sustainable and Secure Buildings Bill, as amended in the Standing Committee.

A Clause (NC1) (Buildings of special historical or architectural interest)—(Mr Andrew Stunell)—brought up, read the first and second time, and added to the Bill.

Amendment (No. 1) proposed to the Bill, in page 6, line 30, at the end, to insert the words—

‘(4A) The registers shall contain such information and documents that relate to the requirements placed on local authorities under the Sustainable Energy Act 2003, outlining any achievements beyond the statutory minimum in pursuit of warm homes and energy conservation.'.—(Mr John Hayes.)

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

Another Amendment (No. 2) proposed to the Bill, in page 7, line 3, at the end, to insert the words—

‘91B Accessible housing registers for the disabled

(1) Each local housing authority must maintain an “accessible housing register”.

(2) The accessible housing register must outline—

(a) current and proposed accessible residential properties in the local authority area (whether purpose-built or adapted) with details of the access features relating to each property; and

(b) the provisions available for disabled people who require accessible housing.

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(3) For the purpose of this section “accessible residential properties” means dwellings, flats and HMOs which provide a reasonable means of access and ease of use for disabled people, or which may be easily adapted to provide such access and ease of use.'.—(Mr John Hayes.)

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

The Bill was read the third time, and passed.

4 Criminal Justice (Justifiable Conduct) Bill,—The Order of the day being read, for the Second Reading of the Criminal Justice (Justifiable Conduct) Bill;

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

And it being half-past Two o'clock, the Debate stood adjourned.

Ordered, That the Debate be resumed on Friday 14th May.

5 Organ Donation (Presumed Consent and Safeguards) Bill,—The Order of the day being read, for the Second Reading of the Organ Donation (Presumed Consent and Safeguards) Bill;

Ordered, That the Bill be read a second time on Friday 14th May.

6 Wild Mammals (Protection) (Amendment) (No. 2) Bill,—The Order of the day being read, for resuming the adjourned Debate on the Question proposed on 6th February, That the Wild Mammals (Protection) (Amendment) (No. 2) Bill be now read a second time;

Ordered, That the Debate be resumed on Friday 21st May.

7 Local Land Charges (Fees) Bill,—The Order of the day being read, for the Second Reading of the Local Land Charges (Fees) Bill;

Ordered, That the Bill be read a second time on Friday 18th June.

8 Adjournment,—Resolved, That this House do now adjourn.—(Joan Ryan.)

And accordingly the House, having continued to sit till Three o'clock, adjourned till Tuesday 4th May, pursuant to Resolution [26th April].

[Adjourned at 3 p.m.

APPENDIX

Papers presented or laid upon the Table:

Papers subject to Negative Resolution:

1 Highways,—Crime Prevention (Designated Areas) Order 2004 (S.I., 2004, No. 1239), dated 29th April 2004 [by Act] [Secretary Margaret Beckett].

2 Housing,—(1) Allocation of Housing and Homelessness (Amendment) (England) Regulations 2004 (S.I., 2004, No. 1235), dated 29th April 2004 [by Act] [Mr Secretary Prescott];

(2) Allocation of Housing Regulations (Northern Ireland) 2004 (S.R. (N.I.), 2004, No. 198), dated 29th April 2004 [by Statutory Instrument] [Mr Secretary Murphy]; and

(3) Homelessness Regulations (Northern Ireland) 2004 (S.R. (N.I.), 2004, No. 199), dated 29th April 2004 [by Statutory Instrument] [Mr Secretary Murphy].

3 Immigration,—Immigration (European Economic Area) and Accession (Amendment) Regulations 2004 (S.I., 2004, No. 1236), dated 28th April 2004 [by Act] [Mr Secretary Blunkett].

4 Sea Fisheries,—Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (England) Order 2004 (S.I., 2004, No. 1237), dated 27th April 2004 [by Act] [Secretary Margaret Beckett].

5 Social Security,—(1) Child Benefit (General) (Amendment) Regulations 2004 (S.I., 2004, No. 1244), dated 30th April 2004 [by Act] [Dawn Primarolo];

(2) Child Benefit and Guardian's Allowance (Administration) (Amendment) Regulations 2004 (S.I., 2004, No. 1240), dated 29th April 2004 [by Act] [Dawn Primarolo]; and

(3) Social Security (Habitual Residence) Amendment Regulations 2004 (S.I., 2004, No. 1232), dated 28th April [by Act] [Mr Secretary Smith].

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6 Tax Credits,—(1) Tax Credits (Miscellaneous Amendments No. 2) Regulations 2004 (S.I., 2004, No. 1241), dated 29th April 2004; and

(2) Tax Credits (Residence) (Amendment) Regulations 2004 (S.I., 2004, No. 1243), dated 30th April 2004

[by Act] [Dawn Primarolo].

Other Papers:

7 Financial Reporting to Parliament,—Departmental Report 2004: The Government's Expenditure Plans for 2003–04 to 2005–06 for—

(1) Department for Constitutional Affairs, Northern Ireland Court Service, The National Archives, and HM Land Registry [by Command] [Cm. 6210] [Mr David Lammy];

(2) Department for Education and Skills [by Command] [Cm. 6202] [Mr Secretary Clarke];

(3) Department for Transport [by Command] [Cm. 6207] [Mr Secretary Darling];

(4) HM Treasury [by Command] [Cm. 6222] [Mr Paul Boateng];

(5) Home Office [by Command] [Cm. 6208] [Mr Secretary Blunkett];

(6) Law Officers' Departments [by Command] [Cm. 6211] [The Solicitor General];

(7) National Savings and Investments [by Command] [Cm. 6230] [Mr Paul Boateng];

(8) Northern Ireland Office [by Command] [Cm. 6229] [Mr Secretary Murphy];

(9) Office for National Statistics [by Command] [Cm. 6231] [Mr Paul Boateng];

(10) Office for Standards in Education [by Command] [Cm. 6203] [Mr Secretary Clarke];

(11) Scotland Office and Offices of the Advocate General for Scotland [Cm. 6227] [Mr Secretary Darling]; and

(12) Wales Office [by Command] [Cm. 6228] [Mr Peter Hain].

8 Representation of the People (Wales),—(1) Local Elections (Communities) (Welsh Forms) Order 2004 (S.I., 2004, No. 1233) and

(2) Local Elections (Principal Areas) (Welsh Forms) Order 2004 (S.I., 2004, No. 1234),

dated 29th April 2004 [by Act] [Mr Secretary Prescott].

9 Social Security,—Report by the Social Security Advisory Committee under section 174(1) of the Social Security Administration Act 1992 and the statement by the Secretary of State for Work and Pensions in accordance with Section 174(2) of that Act relating to the Social Security (Habitual Residence) Amendment Regulations 2004 (S.I., 2004, No. 1232) [by Command] [Cm. 6181] [Mr Secretary Smith].

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Prepared 17 October 2006