| Commons Journal 260
Chronological Index
Alphabetical Index - Part I
Alphabetical Index - Part II
Page 598 2003-2004 Volume 260
[No. 150.] Monday 8th November 2004.
The House met at half-past Two o'clock. PRAYERS.
| 1 | First Standing Committee on Delegated Legislation,—Mr Kevin Hughes reported from the First Standing Committee on Delegated Legislation the draft Companies Act 1985 (International Accounting Standards and Other Accounting Amendments) Regulations 2004. |
Minutes of Proceedings of the Committee to lie upon the Table.
| 2 | Second Standing Committee on Delegated Legislation,—Mr Nigel Beard reported from the Second Standing Committee on Delegated Legislation the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 (S.I., 2004, No. 1910). |
Minutes of Proceedings of the Committee to lie upon the Table.
| 3 | Third Standing Committee on Delegated Legislation,—Sir John Butterfill reported from the Third Standing Committee on Delegated Legislation the draft Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Consequential Provisions) Order 2004. |
Minutes of Proceedings of the Committee to lie upon the Table.
| 4 | European Standing Committee B,—Miss Anne Begg reported from European Standing Committee B the following Resolution: |
That the Committee takes note of European Union Document No. 11545/04 and Addenda 1–3, draft Directive re-casting Directive 2000/12/EC relating to the taking up and pursuit of the business of credit institutions and Council Directive 93/6/EEC on the capital adequacy of investment firms and credit institutions; and notes that the Government, whilst supportive of the aims of the proposals, is seeking to amend them to ensure they fit with the realities of the EU market and, in particular, the circumstances of smaller banks, building societies and investment firms.
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 have agreed to the Highways (Obstruction by Body Corporate) Bill, without Amendment.
| 6 | Housing Bill (Programme) (No. 3),—A Motion was made, and the Question being put forthwith pursuant to Orders [28th June 2001 and 6th November 2003 (Programming of Bills)], That the following provisions shall apply to the Housing Bill for the purpose of supplementing the Order of 12th January 2004: |
Consideration of Lords Amendments
1. Proceedings on consideration of Lords Amendments shall be completed at this day's sitting.
2. Those proceedings shall be taken in the order shown in the first column of the following Table, and each part of those proceedings shall (so far as not previously concluded) be brought to a conclusion at the time shown in the second column.
| Lords Amendments | Time for conclusion of proceedings |
| Amendments Nos. 191 and 128 | Two hours after the commencement of proceedings on consideration of Lords Amendments. |
| Amendment No. 140 | Two hours and 45 minutes after the commencement of those proceedings. |
| Amendment No. 190 | Three hours and 45 minutes after the commencement of those proceedings. |
| Amendments Nos. 1 to 127, 129 to 139, 141 to 189 and 192 to 284 | Four hours after the commencement of those proceedings or 10 p.m. (whichever is the later). |
Subsequent stages
3. Any further Message from the Lords may be considered forthwith without any Question being put.
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4. The proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement—(Keith Hill);
The House divided.
Tellers for the Ayes, Margaret Moran, Mr Nick Ainger: 291.
Tellers for the Noes, Mr Crispin Blunt, Mr David Ruffley: 165.
So the Question was agreed to.
| 7 | Housing Bill,—The House, according to Order, proceeded to consider the Lords Amendments to the Housing Bill. |
Lords Amendment No. 191.
A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Keith Hill);
The House divided.
Tellers for the Ayes, Margaret Moran, Mr Nick Ainger: 259.
Tellers for the Noes, Mr Crispin Blunt, Mr David Ruffley: 186.
So the Question was agreed to.
The Lords Amendment was accordingly disagreed to.
Lords Amendment No. 128.
A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Keith Hill);
The House divided.
Tellers for the Ayes, Mr Vernon Coaker, Gillian Merron: 292.
Tellers for the Noes, Mr Crispin Blunt, Mr David Ruffley: 148.
So the Question was agreed to.
The Lords Amendment was accordingly disagreed to.
Lords Amendment No. 140 was disagreed to.
Amendments ((a), (b), (c) and (d)) were made to the Bill, in lieu of Lords Amendment No. 140 disagreed to.
Lords Amendment No. 190.
A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Keith Hill);
The House divided.
Tellers for the Ayes, Gillian Merron, Mr Vernon Coaker: 265.
Tellers for the Noes, Mr David Wilshire, Mr Crispin Blunt: 156.
So the Question was agreed to.
The Lords Amendment was accordingly disagreed to.
Lords Amendments Nos. 1 to 54 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 35, 36, 51 and 52.
Lords Amendment No. 55.
An Amendment ((a)) was made to the Lords Amendment.
The Lords Amendment, as amended, was agreed to.
Lords Amendments Nos. 56 to 100 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendment No. 88.
Lords Amendment No. 101.
An Amendment ((a)) was made to the Lords Amendment.
The Lords Amendment, as amended, was agreed to, the Commons being willing to waive their privileges.
Lords Amendment No. 102.
An Amendment ((a)) was made to the Lords Amendment.
The Lords Amendment, as amended, was agreed to.
Lords Amendments Nos. 103 and 104 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendment No. 103.
Lords Amendment No. 105.
An Amendment ((a)) was made to the Lords Amendment.
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The Lords Amendment, as amended, was agreed to, the Commons being willing to waive their privileges.
Lords Amendments Nos. 106 to 127 and 129 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendment No. 107.
Lords Amendment No. 130 was disagreed to.
It being Ten o'clock, the Speaker, pursuant to Order [this day], put the Questions to be disposed of at that hour.
Lords Amendment No. 259.
Amendments ((a) to (g)) were made to the Lords Amendment.
The Lords Amendment, as amended, was agreed to.
Lords Amendments Nos. 135, 137, 143 and 144 were disagreed to.
Lords Amendments Nos. 131 to 134, 136, 138 and 139, 141 and 142, 145 to 189, 192 to 258 and 260 to 284 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 186, 192 and 202.
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 Reasons to be assigned to the Lords for disagreeing to their Amendments Nos. 128, 130, 135, 137, 143, 144, 190 and 191;
That Paul Clark, Matthew Green, Mr John Hayes, Keith Hill and Mr Terry Rooney 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.
| 8 | Sea Fisheries,—A Motion was made, and the Question being put forthwith pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Fishing Boats (Satellite-Tracking Devices) (England) Scheme 2004 (S.I., 2004, No. 2467), dated 14th September 2004, a copy of which was laid before this House on 21st September, be approved—(Margaret Moran):—It was agreed to. |
| 9 | Constitutional 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 Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 2004, which was laid before this House on 9th September, be approved—(Margaret Moran):—It was agreed to. |
| 10 | Constitutional 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 Scotland Act 1998 (Modifications of Schedule 5) Order 2004, which was laid before this House on 9th September, be approved—(Margaret Moran):—It was agreed to. |
| 11 | Constitutional 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 Freedom of Information (Scotland) Act 2002 (Consequential Modifications) Order 2004, which was laid before this House on 12th October, be approved—(Margaret Moran):—It was agreed to. |
| 12 | Constitutional 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 National Assembly for Wales (Transfer of Functions) Order 2004, which was laid before this House on 11th October, be approved—(Margaret Moran):—It was agreed to. |
| 13 | Sittings of the House,—Ordered, That— |
(1) at the sittings on Monday 15th, Tuesday 16th, Wednesday 17th and Thursday 18th November, the Speaker shall not adjourn the House until any Message from the Lords has been received and any Committee to draw up Reasons which has been appointed at that sitting has reported; and
(2) at the sitting on Thursday 18th November, the Speaker shall not adjourn the House until a Message has been received from the Lords Commissioners.—(Margaret Moran.)
| 14 | International Development,—Ordered, That Mr Andrew Robathan be discharged from the International Development Committee and Mr John Bercow be added.—(Mr John McWilliam, on behalf of the Committee of Selection.) |
| 15 | Procedure,—Ordered, That Mr Peter Atkinson be discharged from the Procedure Committee and Mr John Bercow be added.—(Mr John McWilliam, on behalf of the Committee of Selection.) |
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| 16 | Housing Bill,—Keith Hill reported from the Committee appointed to draw up Reasons to be assigned to the Lords for disagreeing to certain of their Amendments to the Housing Bill, That it had drawn up the following Reasons, which it had directed him to report to the House: |
The Commons disagree to Lords Amendments Nos. 128, 130, 135, 137, 143 and 144 for the following Reason:
Because a voluntary scheme for home information packs will be ineffective.
The Commons disagree to Lords Amendment No. 190 for the following Reason:
Because it involves a charge on public funds, and the Commons do not offer any further Reason, trusting that this Reason may be deemed sufficient.
The Commons disagree to Lords Amendment No. 191 for the following Reason:
Because it involves a charge on public funds, and the Commons do not offer any further Reason, trusting that this Reason may be deemed sufficient.
The Reasons were agreed to.
Message to the Lords to communicate the said Reasons, with the Bill and Amendments.
| 17 | Adjournment,—Resolved, That this House do now adjourn.—(Margaret Moran.) |
And accordingly, the House, having continued to sit till twenty-four minutes to Eleven o'clock, adjourned till to-morrow.
[Adjourned at 10.36 p.m.
APPENDIX I
Papers presented or laid upon the Table:
Papers delivered to the Votes and Proceedings Office on Friday 5th November 2004 pursuant to Standing Order No. 159 (Presentation of statutory instruments):
Papers subject to Negative Resolution:
| 1 | Animals,—Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 (S.I., 2004, No. 2886), dated 3rd November 2004, with an Explanatory Memorandum [Secretary Margaret Beckett]. |
| 2 | Education,—New Relationship with Schools (Governors' Annual Report) (No. 2) Order 2004 (S.I., 2004, No. 2810), dated 28th October 2004, with an Explanatory Memorandum [Mr Secretary Clarke]. |
| 3 | Food,—Food Labelling (Amendment) (England) (No. 2) Regulations 2004 (S.I., 2004, No. 2824), dated 20th October 2004 [Mr Secretary Reid]. |
| 4 | Merchant Shipping,—(1) Merchant Shipping (Passenger Ships on Domestic Voyages) (Amendment) (No. 2) Regulations 2004 (S.I., 2004, No. 2883); and |
(2) Merchant Shipping (Ro-Ro Passenger Ships) (Stability) Regulations 2004 (S.I., 2004, No. 2884),
dated 1st November 2004, with Explanatory Memoranda thereon [Mr Secretary Darling].
Papers presented or laid upon the Table on Monday 8th November 2004:
Papers subject to Affirmative Resolution:
| 5 | Road Traffic,—Draft Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling]. |
Other Papers:
| 6 | Chelsea Hospital,—Account of the Royal Hospital Chelsea for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1244] [Clerk of the House]. |
| 7 | Government Resources and Accounts,—Resource Accounts of the Department for Constitutional Affairs for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1220] [Mr Stephen Timms]. |
| 8 | National Audit,—Reports by the Comptroller and Auditor General on— |
(1) Ministry of Defence: Major Projects Report 2004 with Project Summary Sheets; and
(2) VisitBritain: Bringing visitors to Britain
[by Act]; to be printed [Nos. 1159-I and -II, and 1160] [Clerk of the House].
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| 9 | School Standards and Framework,—Accounts of— |
(1) Derby North East Education Action Zone;
(2) Hackney Education Action Zone; and
(3) Wythenshawe Education Action Zone
for 2003–04, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 1175, 1242 and 1243] [Clerk of the House].
APPENDIX II
Standing Committees
| Draft Companies Act 1985 (International Accounting Standards and Other Accounting Amendments) Regulations 2004),—The Committee of Selection has discharged Mr Andrew Love from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations) and nominated in substitution Ian Stewart. |
APPENDIX III
Reports from Select Committees
| 1 | Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [UK eUniversity]; to be printed [No. 755-iii] [Mr Barry Sheerman]. |
| 2 | Public Accounts,—(1) Fifty-first Report from the Committee of Public Accounts [Success in the regions]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 592]; |
(2) Fifty-second Report from the Committee [Health and Safety Executive: Improving health and safety in the construction industry]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 627]; and
(3) Minutes of Evidence taken before the Committee [Managing risks to improve public services]; to be printed [No. 1245-i]
[Mr Edward Leigh].
[No. 151.] Tuesday 9th November 2004.
The House met at half-past Eleven o'clock. PRAYERS.
| 1 | Regulatory Reform,—Mr Peter Pike reported from the Regulatory Reform Committee the following Resolution: |
That the draft Regulatory Reform (Unsolicited Goods and Services Act 1971) (Directory Entries and Demands for Payment) Order 2004, which was laid before this House on 25th October, should be approved.
The Committee came to this Resolution without a Division.
| 2 | Fourth Standing Committee on Delegated Legislation,—Mr Eric Illsley reported from the Fourth Standing Committee on Delegated Legislation the draft Criminal Defence Service (Choice in Very High Cost Cases) (Amendment No. 2) Regulations 2004. |
Minutes of Proceedings of the Committee to lie upon the Table.
| 3 | Corporate Nuisance Telephone Calls,—Ordered, That leave be given to bring in a Bill to create an offence in respect of corporate nuisance telephone calls: And that Kevin Brennan, Jim Knight, Mrs Anne Campbell, Mr Tom Harris, Mr Martin Salter, Mr Khalid Mahmood, John Robertson, Mr John Bercow, Ann Clwyd, Mr Peter Kilfoyle, Lady Hermon and Sir Sydney Chapman do prepare and bring it in. |
| 4 | Corporate Nuisance Telephone Calls Bill,—Kevin Brennan accordingly presented a Bill to create an offence in respect of corporate nuisance telephone calls: And the same was read the first time; and ordered to be read a second time on Friday 19th November and to be printed [Bill 176]. |
| 5 | Civil Partnership Bill [Lords],—The House, according to Order, proceeded to consider the Civil Partnership Bill [Lords], as amended in the Standing Committee. |
A Clause (NC1) (Categories of civil partners other than same sex couples)—(Mr Edward Leigh)—brought up, and read the first time.
Question put, That the Clause be read a second time.
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The House divided.
Tellers for the Ayes, Mr Gerald Howarth, Miss Ann Widdecombe: 74.
Tellers for the Noes, Joan Ryan, Mr Jim Murphy: 381.
Another Clause (NC4) (Appeal against refusal of registration authority to find lawful impediment)—(Mr Christopher Chope)—brought up, and read the first time.
Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn.
Amendment (No. 21) made to the Bill.
Another Amendment (No. 11) proposed to the Bill, in page 24, line 22, at the end, to insert the words ‘, or
(d) the necessary declaration under section 8 includes a false statement relating to the qualifying condition under Schedule 23.'.—(Mr Christopher Chope.)
Question proposed, That the Amendment be made.
And it being Six o'clock, the Deputy Speaker put the Question, pursuant to Order [12th October]:—It was negatived.
The Deputy Speaker then put the Question on the remaining Amendments moved by a Minister of the Crown.
Other Amendments (Nos. 22 to 28 and 34) made to the Bill.
A Motion being made, that the Bill be now read the third time;
Jacqui Smith, by Her Majesty's Command, acquainted the House, That Her Majesty, having been informed of the purport of the Bill, gives her Consent, as far as Her Majesty's prerogative and interest are concerned, That the House may do therein as it shall think fit.
And the Question being proposed;
And it being Seven o'clock, the Deputy Speaker put the Question, pursuant to Order [12th October].
The House divided.
Tellers for the Ayes, Mr Nick Ainger, Mr Jim Murphy: 389.
Tellers for the Noes, Mr Eric Forth, Mr Christopher Chope: 47.
So the Question was agreed to.
The Bill was accordingly read the third time, and passed, with Amendments.
| 6 | Companies,—A Motion was made, and the Question being put forthwith pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Companies Act 1985 (International Accounting Standards and Other Accounting Amendments) Regulations 2004, which were laid before this House on 11th October, be approved—(Margaret Moran):—It was agreed to. |
| 7 | Companies,—A Motion was made, and the Question being put forthwith pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Companies (Fees) Regulations 2004 (S.I., 2004, No. 2621), dated 6th October 2004, a copy of which was laid before this House on 11th October, be approved—(Margaret Moran):—It was agreed to. |
| 8 | Partnership,—A Motion was made, and the Question being put forthwith pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Limited Liability Partnerships (Fees) Regulations 2004 (S.I., 2004, No. 2620), dated 6th October 2004, a copy of which was laid before this House on 11th October, be approved—(Margaret Moran):—It was agreed to. |
| 9 | Children and Young Persons,—A Motion was made, and the Question being put forthwith pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Consequential Provisions) Order 2004, which was laid before this House on 28th October, be approved—(Margaret Moran):—It was agreed to. |
| 10 | Marketing of Oilseed Rape Genetically Modified for Glyphosate Tolerance,—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. 12343/04, draft Council Decision concerning the placing on the market, in accordance with Directive 2001/18/EC, of an oilseed rape product (Brassica napus L., GT73 line) genetically modified for glyphosate tolerance; and supports the Government's view that, although expert advice indicates that there probably are no safety concerns, it can adopt a position on authorisation under Directive 2001/18/EC only on receipt of satisfactory data from a further rat feeding study using 15 per cent. oilseed rape meal—(Margaret Moran):—It was agreed to. |
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| 11 | Credit Institutions and Investment Firms,—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. 11545/04, and Addenda 1–3, draft Directive re-casting Directive 2000/12/EC relating to the taking up and pursuit of the business of credit institutions and Council Directive 93/6/EEC on the capital adequacy of investment firms and credit institutions; and notes that the Government, whilst supportive of the aims of the proposals, is seeking to amend them to ensure they fit with realities of the EU market and, in particular, the circumstances of smaller banks, building societies and investment firms—(Margaret Moran):—It was agreed to. |
| 12 | Notices of Questions,—Ordered, That, in respect of Questions to the Advocate General and the Secretary of State for Scotland for oral answer on Tuesday 30th November in the next Session of Parliament, paragraph (5)(a) of Standing Order No. 22 (Notices of Questions, Motions and Amendments) shall apply with the substitution of ‘three days' for ‘four days'.—(Margaret Moran.) |
| 13 | Public Petitions,—A Public Petition from residents of Epping Forest District and others for reconsideration of research underlying plans to build new houses in the Green Belt in the District was presented and read; and ordered to lie upon the Table and to be printed. |
| 14 | Adjournment,—Resolved, That this House do now adjourn.—(Margaret Moran.) |
And accordingly, the House, having continued to sit till eighteen minutes to Eight o'clock, adjourned till to-morrow.
[Adjourned at 7.42 p.m.
APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Negative Resolution:
| 1 | Education,—Education (School Performance Targets) (England) Regulations 2004 (S.I., 2004, No. 2858), dated 1st November 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke]. |
| 2 | Environmental Protection,—Air Quality Limit Values (Amendment) (England) Regulations 2004 (S.I., 2004, No. 2888), dated 4th November 2004 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett]. |
| 3 | Immigration,—Immigration (Assisting Unlawful Immigration) (Section 25 List of Schengen Acquis States) Order 2004 (S.I., 2004, No. 2877), dated 1st November 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Blunkett]. |
| 4 | Insurance,—Employers' Liability (Compulsory Insurance) (Amendment) Regulations 2004 (S.I., 2004, No. 2882), dated 1st November 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Johnson]. |
| 5 | Legal Services Commission,—(1) Community Legal Service (Financial) (Amendment) Regulations 2004 (S.I., 2004, No. 2899); and |
(2) Community Legal Service (Funding) (Amendment No. 2) Order 2004 (S.I., 2004, No. 2900),
dated 9th November 2004 [by Act], with Explanatory Memoranda thereon [by Command] [Mr David Lammy].
| 6 | Road Traffic,—Motor Cars (Driving Instruction) (Amendment) Regulations 2004 (S.I., 2004, No. 2871), dated 1st November 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling]. |
Other Papers:
| 7 | Foreign and Commonwealth Office,—Report on Human Rights for 2004 [by Command] [Cm. 6364] [Mr Secretary Straw]. |
| 8 | Home Office,—Paper, entitled Building Communities, Beating Crime: A better police service for the 21st century [by Command] [Cm. 6360] [Mr Secretary Blunkett]. |
| 9 | Special Procedure Orders,—Report by the Chairman of Committees of the House of Lords and the Chairman of Ways and Means in the House of Commons, under section 3 of the Statutory Orders (Special Procedure) Act 1945, that no Petition has been presented against the Yorkshire Water Services Limited (Langthwaite Water Treatment Works First Time Filtration Scheme) Compulsory Purchase Order 2004 [by Act] [Chairman of Ways and Means]. |
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| 10 | Treaty Series (No. 41, 2004),—Agreement, done at Corfu on 24th June 1994, on Partnership and Cooperation Establishing a Partnership between the European Communities and their Member States, of the one part, and the Russian Federation of the other [by Command] [Cm. 6365] [Mr Secretary Straw]. |
APPENDIX II
Standing Committees
| Gambling Bill,—The Committee of Selection has discharged Phil Hope from Standing Committee B (nominated in respect of the Bill); and nominated in substitution Estelle Morris. |
APPENDIX III
Reports from Select Committees
| 1 | Constitutional Affairs,—Minutes of Evidence taken before the Constitutional Affairs Committee [Family Justice: the operation of the family courts]; to be printed [No. 1247-i] [Mr A. J. Beith]. |
| 2 | Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Sub-Committee on the Government's Rural Delivery Strategy of the Environment, Food and Rural Affairs Committee [The Government's Rural Delivery Strategy]; to be printed [No. 1225-ii] [Mr Michael Jack]. |
| 3 | Home Affairs,—Minutes of Evidence taken before the Home Affairs Committee [Terrorism and Community Relations]; to be printed [No. 1250-i] [Mr John Denham]. |
| 4 | International Development,—Minutes of Evidence taken before the International Development Committee and Appendices [The Autumn Meetings of the IMF and the World Bank]; to be printed [No. 1251-i] [Tony Worthington]. |
| 5 | Regulatory Reform,—Thirteenth Report from the Regulatory Reform Committee [Draft Regulatory Reform (Unsolicited Goods and Services Act 1971) (Directory Entries and Demands for Payment) Order 2004]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 1246] [Mr Peter Pike]. |
| 6 | Statutory Instruments,—Thirty-third Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 82-xxxiii] [Mr Brian White]. |
| 7 | Treasury,—Minutes of Evidence taken before the Treasury Committee [Regional Productivity]; to be printed [No. 308-v] [Mr John McFall]. |
[No. 151; WH, No. 98]
Tuesday 9th November 2004.
The House sitting in Westminster Hall
The sitting commenced at half-past Nine o'clock.
| Adjournment,—Resolved, That the sitting be now adjourned.—(Mr John Hutton.) |
And accordingly the sitting was adjourned till to-morrow.
[Adjourned at 4.30 p.m.
[No. 152.] Wednesday 10th November 2004.
The House met at half-past Eleven o'clock. PRAYERS.
| 1 | Alcohol-Related Anti-Social Behaviour and Domestic Violence,—Ordered, That leave be given to bring in a Bill to amend the law relating to Anti-Social Behaviour Orders to extend their application to cases of domestic violence and alcohol-related disorder: And that Mr Andrew Turner, Frank Cook, Jane Griffiths, Mr David Wilshire, Mr David Drew, Mr Robert Key, Mr Robert Walter, Mr Paul Burstow, Sir Sydney Chapman, Mr Andrew Robathan, Jim Knight and Angela Watkinson do prepare and bring it in. |
| 2 | Alcohol-Related Anti-Social Behaviour and Domestic Violence Bill,—Mr Andrew Turner accordingly presented a Bill to amend the law relating to Anti-Social Behaviour Orders to extend their application to cases of domestic violence and alcohol-related disorder: And the same was read the first time; and ordered to be read a second time on Friday 19th November and to be printed [Bill 177]. |
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| 3 | Human Tissue 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 Programme Order of 15th January 2004 be supplemented as follows— |
Consideration of Lords Amendments
1. Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion at 7 p.m. at this day's sitting.
Subsequent stages
2. Any further Message from the Lords may be considered forthwith without any further Question being put.
3. The proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement—(Joan Ryan);
The House divided.
Tellers for the Ayes, Mr John Heppell, Margaret Moran: 304.
Tellers for the Noes, Andrew Selous, Mr Crispin Blunt: 110.
So the Question was agreed to.
| 4 | Human Tissue Bill,—The House, according to Order, proceeded to consider the Lords Amendments to the Human Tissue Bill. |
Lords Amendments Nos. 1 to 71 were agreed to.
| 5 | Adjournment,—Resolved, That this House do now adjourn.—(Mr Nick Ainger.) |
And accordingly, the House, having continued to sit till twenty-eight minutes to Five o'clock, adjourned till to-morrow.
[Adjourned at 4.32 p.m.
APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Affirmative Resolution:
| 1 | Electricity,—Draft Electricity and Gas (Energy Efficiency Obligations) Order 2004 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett]. |
Papers subject to Negative Resolution:
| 2 | Criminal Law,—Fixed Penalty Offences Order 2004 (S.I., 2004, No. 2922), dated 9th November 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Blunkett]. |
Other Papers:
| 3 | Covent Garden Market,—Report and Accounts of the Covent Garden Market Authority for 2003–04 [by Act] [Secretary Margaret Beckett]. |
| 4 | Defence,—Ministry of Defence Minute, dated 10th November 2004, concerning the gifting of military equipment to the Iraqi Interim Government [by Command] [Mr Secretary Hoon]. |
| 5 | Government Resources and Accounts,—Resource Accounts of UK Trade & Investment for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1206] [Mr Stephen Timms]. |
| 6 | National Lottery,—Report and Accounts of Scottish Screen for 2003–04 [by Act]; to be printed [No. 1179] [Mr Secretary Darling]. |
| 7 | Public Accounts,—Treasury Minutes on the Thirty-seventh to Thirty-ninth Reports from the Committee of Public Accounts 2003–04 [by Command] [Cm. 6355] [Mr Stephen Timms]. |
| 8 | Treaty Series (No. 42, 2004),—Agreement, done at Dublin on 25th November 2003, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland establishing the Independent Monitoring Commission [by Command] [Cm. 6366] [Mr Secretary Straw]. |
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APPENDIX II
Standing Committees
European Standing Committees
| | European Union Document No. 12200/04, relating to humane trapping standards, has been referred to European Standing Committee A. |
APPENDIX III
Reports from Select Committees
| 1 | Defence,—Minutes of Evidence taken before the Defence Committee [Duty of Care]; to be printed [No. 620-vii] [Bruce George]. |
| 2 | Draft Mental Health Bill,—(1) Minutes of Evidence taken before the Joint Committee on the Draft Mental Health Bill; to be printed [No. 1127-viii]; and |
(2) Memoranda laid before the Committee; to be printed [No. 1127-ix]
[Mr George Howarth].
| 3 | Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [Prison Education]; to be printed [No. 825-vi] [Mr Barry Sheerman]. |
| 4 | Environment, Food and Rural Affairs,—(1) Eighteenth Special Report from the Environment, Food and Rural Affairs Committee [Government's Reply to the Fourteenth Report from the Committee, Session 2003–04, on Sites of Special Scientific Interest: Conserving the Jewels of England's Natural Heritage]; to be printed [No. 1255]; and |
(2) Minutes of Evidence taken before the Committee [Waste Policy and the Landfill Directive]; to be printed [No. 1256-i]
[Mr Michael Jack].
| 5 | European Scrutiny,—Thirty-sixth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 42-xxxvi] [Mr Jimmy Hood]. |
| 6 | Modernisation of the House of Commons,—Minutes of Evidence taken before the Select Committee on Modernisation of the House of Commons [Sitting Hours]; to be printed [No. 892-iv] [Sir Nicholas Winterton]. |
| 7 | Northern Ireland,—Minutes of Evidence taken before the Sub-Committee of the Northern Ireland Affairs Committee [Air Transport Services in Northern Ireland]; to be printed [No. 1254-i] [Mr Tony Clarke]. |
| 8 | Procedure,—Fifth Report from the Procedure Committee [Public Petitions], together with Appendices; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 1248] [Sir Nicholas Winterton]. |
| 9 | Science and Technology,—Minutes of Evidence taken before the Science and Technology Committee [Human reproductive technologies and the law]; to be printed [No. 599-ix] [Dr Desmond Turner]. |
| 10 | Transport,—Minutes of Evidence taken before the Transport Committee [Rural Rail]; to be printed [No. 1229-ii] [Mrs Gwyneth Dunwoody]. |
| 11 | Welsh Affairs,—Fifth Special Report from the Welsh Affairs Committee [The Draft Transport (Wales) Bill: The Government Response to the Fourth Report of the Welsh Affairs Committee (Session 2003–04)]; to be printed [No. 1252] [Martyn Jones]. |
| 12 | Work and Pensions,—Minutes of Evidence taken before the Work and Pensions Committee [Pension Credit]; to be printed [No. 1219-ii] [Sir Archy Kirkwood]. |
[No. 152; WH, No. 99]
Wednesday 10th November 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.
Page 608 Wednesday 10th November 2004 2003-2004 Volume 260 Back to top
[No. 153.] Thursday 11th November 2004.
The House met at half-past Eleven o'clock. PRAYERS.
| 1 | School Transport Bill,—Derek Conway reported from Standing Committee A, That it had gone through the School Transport Bill, and directed him to report the same, without Amendment. |
Bill, not amended in the Standing Committee, to be considered on Monday 15th November.
Minutes of Proceedings of the Committee to be printed [No. 1264].
| 2 | Fifth Standing Committee on Delegated Legislation,—Mr Mike Hancock reported from the Fifth Standing Committee on Delegated Legislation the draft Landfill Allowances and Trading Scheme (England) Regulations 2004 and the draft Landfill (Maximum Landfill Amount) (Northern Ireland) Regulations 2004. |
Minutes of Proceedings of the Committee to lie upon the Table.
| 3 | Message from the Lords,—A Message was brought from the Lords, as follows: |
The Lords have agreed, without Amendment, to the Amendments made by this House to the Children Bill [Lords].
| 4 | Family Doctor Services,—A Motion was made, and the Question being proposed, That this House places the highest importance on the role of general medical practitioners, working with allied healthcare professionals, constituting a family doctor service; regards this service as the linch-pin of NHS primary care services and central to public health promotion; appreciates that general practitioners are best placed to provide care for patients, to facilitate their access to NHS services and to manage care of those suffering from chronic diseases and co-morbidities; is concerned by the continuing level of general practitioner vacancies and workload pressures; regrets the Government's devaluation of the family doctor's role in favour of an emphasis on diverse means of access to the NHS; deplores the failure to maintain the out-of-hours service as a general practitioner-led service and the loss of Saturday morning surgeries; calls on the Government to ensure that the NHS Programme for information technology delivers the choice of suppliers and functionality which general practitioners need; further regards the Government's abandonment of general practitioner fundholding and commissioning as a severe misjudgement and urges the reintroduction of the benefits of fundholding through the adoption of practice-led commissioning; and believes that the development of family doctor-led commissioning, alongside increasing patient choice, offers the best means of delivering an effective NHS which is responsive to patients' needs and wishes—(Mr Andrew Lansley); |
An Amendment was proposed to the Question, in line 2, to leave out from the word ‘House' to the end of the Question and add the words ‘welcomes the increase in general practitioner numbers; supports the expansion of primary care provision through walk-in centres and NHS Direct to meet the needs of patients; welcomes the new arrrangements for the National Health Service out-of-hours services that provide an opportunity to integrate primary, secondary and social care, whilst guaranteeing high quality urgent care across the country including Saturday mornings and improving the quality of life for general practitioners; acknowledges the progress made on the NHS Programme for information technology; supports the introduction of practice-based commissioning which fosters clinical engagement whilst mitigating the worst excesses of general practitioner fundholding; and believes that the general development of practice-based commissioning will deliver improved patient care', instead thereof.—(Mr John Hutton.)
And the Question being put, That the original words stand part of the Question, pursuant to Order [4th November] and Standing Order No. 31 (Questions on amendments);
The House divided.
Tellers for the Ayes, Mr Hugo Swire, Andrew Selous: 118.
Tellers for the Noes, Jim Fitzpatrick, Gillian Merron: 286.
So the Question was negatived.
And the Question being put forthwith, That the proposed words be there added;
The House divided.
Tellers for the Ayes, Gillian Merron, Jim Fitzpatrick: 257.
Tellers for the Noes, Mr John Randall, Mr Hugo Swire: 149.
So the Question was agreed to.
Page 609 Thursday 11th November 2004 2003-2004 Volume 260 Back to top
The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to.
Resolved, That this House welcomes the increase in general practitioner numbers; supports the expansion of primary care provision through walk-in centres and NHS Direct to meet the needs of patients; welcomes the new arrrangements for the National Health Service out-of-hours services that provide an opportunity to integrate primary, secondary and social care, whilst guaranteeing high quality urgent care across the country including Saturday mornings and improving the quality of life for general practitioners; acknowledges the progress made on the NHS Programme for information technology; supports the introduction of practice-based commissioning which fosters clinical engagement whilst mitigating the worst excesses of general practitioner fundholding; and believes that the general development of practice-based commissioning will deliver improved patient care.
| 5 | Public Petitions,—Public Petitions from— |
(1) the Oldchurch Residents' Action Group for a review of proposals to build a Mental Health Unit and residential development on the Oldchurch Hospital Site, Romford; and
(2) the friends of Andrei Bazanov for a review of the decision to deport him
were presented and read; and ordered to lie upon the Table and to be printed.
| 6 | Adjournment,—Resolved, That this House do now adjourn.—(Mr Nick Ainger.) |
And accordingly, the House, having continued to sit till twenty-nine minutes to Six o'clock, adjourned till Monday 15th November.
[Adjourned at 5.31 p.m.
APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Affirmative Resolution:
| 1 | Social Security,—Draft Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Johnson]. |
Papers subject to Negative Resolution:
| 2 | Consumer Protection,—Controls on Certain Azo Dyes and ‘Blue Colourant' (Amendment) Regulations 2004 (S.I., 2004, No. 2913), dated 8th November 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hewitt]. |
| 3 | Landlord and Tenant,—Service Charges (Consultation Requirements) (Amendment) (No. 2) (England) Regulations 2004 (S.I., 2004, No. 2939), dated 11th November 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott]. |
Other Papers:
| 4 | Government Resources and Accounts,—Report and Accounts of the Highways Agency for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1230] [Mr Secretary Darling]. |
| 5 | Northern Ireland,—(1) Report of the Northern Ireland Human Rights Commission for 2004 [by Act] [Mr Secretary Murphy]; and |
(2) Resource Accounts of the—
(i) Assembly Ombudsman for Northern Ireland and Northern Ireland Commissioner for Complaints;
(ii) Department for Employment and Learning;
(iii) Department for Regional Development;
(iv) Department for Social Development;
(v) Department of Agriculture and Rural Development;
(vi) Department of Culture, Arts and Leisure;
(vii) Department of Education;
(viii) Department of Education—Teachers' Superannuation Scheme;
(ix) Department of Enterprise, Trade and Investment;
(x) Department of Finance and Personnel;
(xi) Department of Finance and Personnel—Superannuation and other Allowances;
(xii) Department of Health, Social Services and Public Safety;
Page 610 Thursday 11th November 2004 2003-2004 Volume 260 Back to top
(xiii) Department of Health, Social Services and Public Safety—Health and Personal Social Services Superannuation Scheme;
(xiv) Department of the Environment;
(xv) Northern Ireland Assembly;
(xvi) Northern Ireland Authority for Energy Regulation;
(xvii) Northern Ireland Audit Office; and
(xviii) the Office of the First Minister and Deputy First Minister
for 2003–04, with the Reports of the Comptroller and Auditor General for Northern Ireland thereon [by Statutory Instrument]; to be printed [Nos. 1140, 1145, 1152, 1153, 1141, 1142, 1143, 1144, 1146, 1148, 1149, 1150, 1151, 1147, 1154, 1155, 1156, and 1157] [Mr Secretary Murphy].
| 6 | Provisional Orders (Scotland),—Report by the Secretary of State for Scotland, the Lord Chairman of Committees of the House of Lords and the Chairman of Ways and Means in the House of Commons under the Private Legislation Procedure (Scotland) Act 1936, That they have taken into consideration the representations which have been made to the Secretary of State for Scotland by HBOS plc that they desire to obtain the Parliamentary powers specified in the Schedule therein, to be operative in Scotland and elsewhere, and that it is expedient that such powers should be conferred by one enactment because it is necessary to provide for the uniform regulation in Scotland and elsewhere of the affairs of HBOS plc and are of the opinion that the said powers would be more properly obtained by the promotion of a Private Bill than by the promotion of a Private Bill and of a draft Provisional Order under the Private Legislation Procedure (Scotland) Act 1936 [by Act] [Mr Secretary Darling]. |
| 7 | Treaty Series (No. 43, 2004),—Agreement, done at Dar es Saalam on 18th August 2004, between the Government of the United Kingdom of Great Britain and Northern Ireland and the United Republic of Tanzania concerning Air Services [by Command] [Cm. 6368] [Mr Secretary Straw]. |
APPENDIX II
Reports from Select Committees
| 1 | Environmental Audit,—(1) Seventh Special Report from the Environmental Audit Committee [Government Response to the Eighth Report from the Committee, Session 2003–04, on Greening Government 2004]; to be printed [No. 1259]; |
(2) Minutes of Evidence taken before the Committee on 10th November [Housing: Building a Sustainable Future?]; to be printed [No. 709-viii]; and
(3) Minutes of Evidence taken before the Environmental Crime Sub-Committee of the Committee [Environmental Crime: Corporate Crime]; to be printed [No. 1135-iii]
[Mr Peter Ainsworth].
| 2 | Health,—Minutes of Evidence taken before the Health Committee [The Influence of the Pharmaceutical Industry]; to be printed [No. 1030-iii] [Mr David Hinchliffe]. |
| 3 | Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts on 10th November [Improving public transport in England through light rail]; to be printed [No. 1258-i] [Mr Edward Leigh]. |
| 4 | Public Administration,—(1) First Special Report from the Select Committee on Public Administration [Government Response to the Third Report of the Committee on Ministerial Accountability and Parliamentary Questions]; to be printed [No. 1262]; and |
(2) Minutes of Evidence taken before the Committee [Government by Inquiry]; to be printed [No. 606-vii]
[Tony Wright].
[No. 153; WH, No. 100]
Thursday 11th November 2004.
The House sitting in Westminster Hall
The sitting commenced at half-past Two o'clock.
| Adjournment (The Western Balkans: the challenges of post conflict development),—Resolved, That the sitting be now adjourned.—(Gillian Merron.) |
And accordingly the sitting was adjourned till Tuesday 16th November.
[Adjourned at 4.24 p.m.
|
