| Session 2003-2004 |
| Commons Journal 260
Chronological Index
Page 611 2003-2004 Volume 260 [No. 154.] Monday 15th November 2004. The House met at half-past Two o'clock. PRAYERS.
Domestic Violence, Crime and Victims Act 2004 Highways (Obstruction by Body Corporate) Act 2004 Human Tissue Act 2004 Children Act 2004.
The Lords have agreed to the Pensions Bill, with Amendments; to which the Lords desire the concurrence of this House. The Lords have agreed to the Hunting Bill, with Amendments; to which the Lords desire the concurrence of this House.
Lords Amendment No. 2C. A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Mr Ivor Caplin); The House divided. Tellers for the Ayes, Mr Nick Ainger, Mr John Heppell: 260. Tellers for the Noes, Mr Crispin Blunt, Mr John Randall: 160. So the Question was agreed to. The Lords Amendment was accordingly disagreed to. A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 6th November 2003 (Programming of Bills)], That a Committee be appointed to draw up a Reason to be assigned to the Lords for disagreeing to their Amendment No. 2C; That Mrs Liz Blackman, Mr Colin Breed, Mr Ivor Caplin, Mr Vernon Coaker and Mr Gerald Howarth be members of the Committee; That Mr Ivor Caplin be the Chairman of the Committee; That three be the Quorum of the Committee; That the Committee do withdraw immediately—(Mr Vernon Coaker):—It was agreed to.
The Commons disagree to Lords Amendment No. 2C 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 Reason was agreed to. Message to the Lords to communicate the said Reason, with the Bill and Amendments. Page 612 Monday 15th November 2004 2003-2004 Volume 260 Back to top
The House divided. Tellers for the Ayes, Mr Nick Ainger, Mr John Heppell: 300. Tellers for the Noes, Gregory Barker, Mr Crispin Blunt: 128. So the Question was agreed to.
And it being Ten o'clock, the Motion for the adjournment of the House lapsed, without Question put.
And accordingly, the House, having continued to sit till half-past Ten o'clock, adjourned till to-morrow. [Adjourned at 10.30 p.m. APPENDIX I Papers presented or laid upon the Table: Papers delivered to the Votes and Proceedings Office on Friday 12th November 2004 pursuant to Standing Order No. 158 (Presentation of command papers):
Papers delivered to the Votes and Proceedings Office on Friday 12th November 2004 pursuant to Standing Order No. 159 (Presentation of statutory instruments): Papers subject to Negative Resolution:
Page 613 Monday 15th November 2004 2003-2004 Volume 260 Back to top Papers presented or laid upon the Table on Monday 15th November 2004: Papers subject to Affirmative Resolution:
Other Papers:
(1) Facing Justice: Tackling defendants' non-attendance at court: and (2) Ministry of Defence: The Rapid Procurement of Capability to Support Operations [by Act]; to be printed [Nos. 1162 and 1161] [Clerk of the House].
(1) the Secretary of State for Education and Skills on the Petition [14th October] from parents and pupils of Crowlands Junior School in Romford, Essex, for greater choice in secondary education in the London Road area of Romford; and (2) the Secretary of State for Trade and Industry on the Petition [28th October] from residents of the Parliamentary Constituency of Leigh, Lancashire, against the closure of local post offices [by Standing Order]; to be printed [Clerk of the House].
(1) Central Government [by Command]; to be printed [No. 1235] [Mr Paul Boateng]; (2) the Electoral Commission [by Act]; to be printed [No. 1238] [The Speaker]; (3) the House of Commons [by Act]; to be printed [No. 1236] [The Speaker]; and (4) the National Audit Office [by Act]; to be printed [No. 1237] [Mr Alan Williams]. Papers withdrawn:
APPENDIX II Reports from Select Committees
Page 614 Monday 15th November 2004 2003-2004 Volume 260 Back to top [No. 155.] Tuesday 16th November 2004. The House met at half-past Eleven o'clock. PRAYERS.
That a draft Order in the same terms as the proposal for the Regulatory Reform (Execution of Deeds and Documents) Order 2004, which was laid before the House on 21st July, should be laid before the House.
Bill, as so far amended in the Standing Committee, to lie upon the Table. Minutes of Proceedings of the Committee to lie upon the Table.
The Lords have agreed to the Civil Contingencies Bill, with Amendments; to which the Lords desire the concurrence of this House. The Lords have agreed, without Amendment, to the Amendments proposed by this House to certain Lords Amendments to the Housing Bill; they do not insist on certain of their Amendments to which this House has disagreed but propose Amendments in lieu thereof; they agree, with an Amendment, to Amendments proposed by this House in lieu of a Lords Amendment to which this House has disagreed, to which Amendment they desire the agreement of this House; and they do not insist on their remaining Amendments to which this House has disagreed.
Page 615 Tuesday 16th November 2004 2003-2004 Volume 260 Back to top Consideration of Lords Amendments 1. Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion four hours after their commencement 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.
Subsequent stages 3. Any further Message from the Lords may be considered forthwith without any Question being put. 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—(Mr John Heppell); The House divided. Tellers for the Ayes, Derek Twigg, Paul Clark: 267. Tellers for the Noes, Andrew Selous, Mr Geoffrey Clifton-Brown: 170. So the Question was agreed to.
Jane Kennedy, 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 interest is concerned, That the House may do therein as it shall think fit. The House proceeded to consider the Lords Amendments to the Bill. Lords Amendments Nos. 1 to 94 were agreed to, the Commons being willing to waive their Privileges in respect of Lords Amendments Nos. 17 to 19, 47, 48, 60 and 68. Lords Amendment No. 298. An Amendment ((a)) was proposed to the Lords Amendment, in line 13, to leave out the first word ‘The' and insert the words ‘Subject to subsection (4A), the', instead thereof.—(Steve Webb.) And the Question being put, That the Amendment be made; The House divided. Tellers for the Ayes, Mr Alan Reid, Richard Younger-Ross: 196. Tellers for the Noes, Paul Clark, Mr Vernon Coaker: 293. So the Question was negatived. The Lords Amendment was disagreed to. Amendments ((a) to (k)) were made to the Bill, in lieu of Lords Amendment No. 298 disagreed to. Lords Amendment No. 95. A Motion was made, and the Question being proposed, That this House agrees with the Lords in their Amendment—(Malcolm Wicks); And it being two hours after the commencement of proceedings on the Lords Amendments, the Deputy Speaker put the Question, pursuant to Order [this day]:—It was agreed to. The Lords Amendment was accordingly agreed to. The Deputy Speaker then put the remaining Questions to be decided at that hour. Page 616 Tuesday 16th November 2004 2003-2004 Volume 260 Back to top Lords Amendment No. 283. 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 Amendments Nos. 96 to 282, 284 to 297 and 299 to 358 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 104, 115, 116, 119, 120, 162, 164, 213, 233, 235, 242, 250, 252 to 254, 258 to 260, 265, 279 to 281, 284 to 292, 294 to 297, 299 to 301, 306, 315, 316, 337 and 339. Lords Amendment No. 359. A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Malcolm Wicks); The House divided. Tellers for the Ayes, Margaret Moran, Joan Ryan: 292. Tellers for the Noes, Mr David Ruffley, Andrew Selous: 203. So the Question was agreed to. The Lords Amendment was accordingly disagreed to. It being more than three hours after the commencement of proceedings on the Lords Amendments, the Deputy Speaker put the remaining Question to be decided at that hour. A Motion was made, and the Question being put, That this House agrees with the Lords in their Amendments Nos. 360 to 415—(Malcolm Wicks); The House divided. Tellers for the Ayes, Joan Ryan, Margaret Moran: 348. Tellers for the Noes, Andrew Selous, Mr Geoffrey Clifton-Brown: 148. So the Question was agreed to. Lords Amendments Nos. 360 to 415 were accordingly agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 400 and 401. Lords Amendment No. 416 was disagreed to. An Amendment ((a)) was made to the Bill, in lieu of Lords Amendment No. 416 disagreed to. Lords Amendment No. 417 was disagreed to. An Amendment ((a)) was made to the Bill, in lieu of Lords Amendment No. 417 disagreed to. Lords Amendments Nos. 418 to 672 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 420, 421, 428, 431, 489, 516, 517, 522, 523, 525 to 532, 535 to 537, 542, 547, 548, 550, 551, 582 to 584 and 603. A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 6th November 2003 (Programming of Bills)], That a Committee be appointed to draw up a Reason to be assigned to the Lords for disagreeing to their Amendment No. 359; That David Cairns, Margaret Moran, Mr Nigel Waterson, Steve Webb and Malcolm Wicks be members of the Committee; That Malcolm Wicks be the Chairman of the Committee; That three be the Quorum of the Committee; That the Committee do withdraw immediately—(Margaret Moran); The House divided. Tellers for the Ayes, Bridget Prentice, Joan Ryan: 354. Tellers for the Noes, Andrew Selous, Mr Geoffrey Clifton-Brown: 148. So the Question was agreed to.
1. At this day's sitting proceedings on consideration of Lords Amendments shall be brought to a conclusion (unless already concluded) three hours after commencement of proceedings on the Motion relating to Hunting Bill [Money]. 2. For the purpose of bringing proceedings on consideration of Lords Amendments to a conclusion in accordance with paragraph 1 the Speaker shall put the following Questions forthwith (and no others)— (1) any Question which has been proposed from the Chair and has not yet been decided, Page 617 Tuesday 16th November 2004 2003-2004 Volume 260 Back to top (2) the Question on any Motion moved by a Minister of the Crown to disagree with Lords Amendments (which may, in particular, be a Motion relating to a specified group of Amendments), (3) the Question on any Motion moved by a Minister of the Crown for an Amendment in lieu, and (4) the Question on any other Motion moved by a Minister of the Crown. 3. Sessional Orders F(7) and H (Programming of Bills: ancillary questions and Reasons Committee) of 28th June 2001 shall apply to proceedings in relation to the Hunting Bill. 4. Paragraph 6(1) to (7) of the Order of 15th September shall apply to proceedings on consideration of Lords Amendments. 5. No notice shall be required of a further Motion to supplement the Order of 15th September—(Jim Fitzpatrick); The House divided. Tellers for the Ayes, Bridget Prentice, Mr John Heppell: 310. Tellers for the Noes, Andrew Selous, Mr Geoffrey Clifton-Brown: 179. So the Question was agreed to.
The Commons disagree to Lords Amendment No. 359 for the following Reason: Because it would alter the area of taxation, and the Commons do not offer any further Reason, trusting that this Reason may be deemed sufficient. The Reason was agreed to. Message to the Lords to communicate the said Reason, with the Bill and Amendments.
Resolved, That, for the purposes of any Act resulting from the Hunting Bill, it is expedient to authorise— (1) the payment out of money provided by Parliament of expenditure of a Minister of the Crown in connection with the Act, and (2) the payment of sums into the Consolidated Fund.—(Alun Michael.)
Lords Amendment No. 1. A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Huw Irranca-Davies); The House divided. Tellers for the Ayes, Mr Michael Foster, Mr Ian Cawsey: 343. Tellers for the Noes, Mr Dominic Grieve, Mr Mark Francois: 175. So the Question was agreed to. The Lords Amendment was accordingly disagreed to. It being more than three hours after the commencement on proceedings on the Motion relating to Hunting Bill [Money], the Speaker, pursuant to Order [this day], put the remaining Questions to be decided at that hour. A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendments Nos. 2 to 43, 45, 46 and 52 to 54—(Alun Michael); The House divided. Tellers for the Ayes, Mr Ian Cawsey, Mr Michael Foster: 344. Tellers for the Noes, Andrew Rosindell, Lembit Opik: 173. So the Question was agreed to. Lords Amendments Nos. 2 to 43, 45, 46 and 52 to 54 were accordingly disagreed to. Page 618 Tuesday 16th November 2004 2003-2004 Volume 260 Back to top A Motion was made, and the Question being put, That Amendments (a) and (b) be made to the Bill in lieu of the Lords Amendments disagreed to—(Alun Michael); The House divided. Tellers for the Ayes, Mr Fraser Kemp, Mr Tom Watson: 204. Tellers for the Noes, Mr Michael Foster, Mr Ian Cawsey: 321. So the Question was negatived. A Motion was made, and the Question being put, That the House disagrees with the Lords in their Amendments Nos. 44 and 47 to 51—(Alun Michael); The House divided. Tellers for the Ayes, Mr Michael Foster, Mr Ian Cawsey: 334. Tellers for the Noes, Mr Dominic Grieve, Mr Mark Francois: 170. So the Question was agreed to. Lords Amendments Nos. 44 and 47 to 51 were accordingly disagreed to. A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 6th November 2003 (Programming of Bills) and this day], That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their Amendments Nos. 1 to 54; That Mr Nick Ainger, Peter Bradley, Andrew George, Mr James Gray and Alun Michael be members of the Committee; That Alun Michael be the Chairman of the Committee; That three be the Quorum of the Committee; That the Committee do withdraw immediately—(Mr Nick Ainger):—It was agreed to.
(1) Mr Michael MacEwen and others for proper maintenance of the Bridleway Bridge No. 9 south of Chieveley, Berkshire; and (2) residents of Gloucester for the retention of the ‘Back Badge' of the Royal Gloucestershire, Berkshire and Wiltshire Regiment were presented and read; and ordered to lie upon the Table and to be printed.
The Commons disagree to Lords Amendments Nos. 1 to 9 for the following Reason: Because it is undesirable to permit registered hunting. The Commons disagree to Lords Amendment No. 10 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. 11 for the following Reason: Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed. The Commons disagree to Lords Amendment No. 12 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 Amendments Nos. 13 to 44 for the following Reason: Because they are consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed. The Commons disagree to Lords Amendment No. 45 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. 46 for the following Reason: Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed. The Commons disagree to Lords Amendments Nos. 47 to 51 for the following Reason: Because it is undesirable to expand the exemptions from the prohibition on hunting. The Commons disagree to Lords Amendment No. 52 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. Page 619 Tuesday 16th November 2004 2003-2004 Volume 260 Back to top The Commons disagree to Lords Amendments Nos. 53 and 54 for the following Reason: Because they are consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed. The Reasons were agreed to. Message to the Lords to communicate the said Reasons, with the Bill and Amendments.
And the Motion having been made after Seven o'clock, and Debate having continued for half an hour, the Deputy Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then twelve minutes past Eleven o'clock, till to-morrow. [Adjourned at 11.12 p.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Affirmative Resolution:
Papers subject to Negative Resolution:
Other Papers:
Page 620 Tuesday 16th November 2004 2003-2004 Volume 260 Back to top
APPENDIX II Reports from Select Committees
(2) Fifth Special Report from the Committee [Government Response to the Seventh Report from the Committee, on DFID's Agriculture Policy]; to be printed [No. 1273]; (3) Minutes of Evidence taken before the Committee, together with Appendices [Development Assistance in Iraq]; to be printed [No. 1274-i]; and (4) Memoranda laid before the Committee [Department for International Development: Departmental Report 2004] [Tony Baldry].
(2) Minutes of Evidence taken before the Committee [Proposal for the Regulatory Reform (Execution of Deeds and Documents) Order 2004]; to be printed [No. 1272-i] [Mr Peter Pike].
(2) First Special Report from the Committee, together with Appendices; to be printed [No. 1279]; and (3) Third Report from the Select Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 949-iii] [Mr David Tredinnick].
Page 621 Tuesday 16th November 2004 2003-2004 Volume 260 Back to top [No. 155; WH, No. 101] Tuesday 16th November 2004. The House sitting in Westminster Hall The sitting commenced at half-past Nine o'clock.
And accordingly the sitting was adjourned till to-morrow. [Adjourned at 4.27 p.m. [No. 156.] Wednesday 17th November 2004. The House met at half-past Eleven o'clock. PRAYERS.
Consideration of Lords Amendments 1. Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion three hours after their commencement 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.
Subsequent stages 3. Any further Message from the Lords may be considered forthwith without any further Question being put. 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—(Paul Clark); The House divided. Tellers for the Ayes, Joan Ryan, Jim Fitzpatrick: 277. Tellers for the Noes, Gregory Barker, Mr Hugo Swire: 174. So the Question was agreed to. Page 622 Wednesday 17th November 2004 2003-2004 Volume 260 Back to top
Lords Amendment No. 49. A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Ruth Kelly); The House divided. Tellers for the Ayes, Joan Ryan, Mr John Heppell: 293. Tellers for the Noes, Mr Hugo Swire, Mr Peter Atkinson: 171. So the Question was agreed to. The Lords Amendment was accordingly disagreed to. It being one hour after the commencement of proceedings on the Lords Amendments, the Deputy Speaker, pursuant to Order [this day], put the remaining Questions to be decided at that hour. Lords Amendments Nos. 50 and 51 were disagreed to. Lords Amendments Nos. 41 and 42 were agreed to. Lords Amendment No. 46. An Amendment ((a)) was proposed to the Lords Amendment, in line 4, at the end, to add the words: ‘(c) the Habeas Corpus Act 1816 (c. 100), (d) section 7 of the Parliament Act 1911 (c. 13) (duration of Parliament), (e) the Bill of Rights 1689 (1 Will & Mar. Sess. 2, c. 2), (f) the Act of Settlement 1700 (c. 2), (g) the House of Commons Disqualification Act 1975 (c. 25), (h) the Life Peerages Act 1958 (c. 21), or (i) the House of Lords Act 1999 (c. 34).'.—(Mr William Cash.) And the Question being put, That the Amendment be made to the Lords Amendment; The House divided. Tellers for the Ayes, Andrew Selous, Mr Peter Atkinson: 135. Tellers for the Noes, Joan Ryan, Mr John Heppell: 349. So the Question was negatived. The Lords Amendment was agreed to. Lords Amendment No. 7. A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Mr David Jamieson); The House divided. Tellers for the Ayes, Joan Ryan, Mr John Heppell: 304. Tellers for the Noes, Gregory Barker, Mr Peter Atkinson: 189. So the Question was agreed to. The Lords Amendment was accordingly disagreed to. It being two and a half hours after the commencement of proceedings on the Lords Amendments, the Deputy Speaker put the remaining Question to be decided at that hour. Lords Amendment No. 56 was agreed to. Lords Amendments Nos. 1 to 6 and 8 to 10 were agreed to. It being three hours after the commencement of proceedings on the Lords Amendments, the Deputy Speaker put the remaining Questions to be decided at that hour. Lords Amendment No. 37. A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Ruth Kelly); The House divided. Tellers for the Ayes, Gillian Merron, Mr Nick Ainger: 318. Tellers for the Noes, Gregory Barker, Mr Peter Atkinson: 135. So the Question was agreed to. The Lords Amendment was accordingly disagreed to. Lords Amendment Nos. 38 and 43 to 45 were disagreed to. Amendments ((a) to (e)) were made to the Bill, in lieu of Lords Amendments Nos. 37, 38 and 43 to 45 disagreed to. Page 623 Wednesday 17th November 2004 2003-2004 Volume 260 Back to top Lords Amendment No. 47 was disagreed to. Amendments ((a) and (b)) were made to the Bill, in lieu of Lords Amendment No. 47 disagreed to. Lords Amendments Nos. 11 to 36, 39, 40, 48 and 52 to 55 were agreed to. A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 6th November 2003 (Programming of Bills)], That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their Amendments Nos. 7 and 49 to 51; That Mr Richard Allan, Mr Oliver Heald, Ruth Kelly, Bridget Prentice and James Purnell be members of the Committee; That Ruth Kelly be the Chairman of the Committee; That three be the Quorum of the Committee; That the Committee do withdraw immediately—(Bridget Prentice):—It was agreed to.
Lords Amendment No. 128C, Lords Amendment No. 140E to Commons Amendment No. 140D and Lords Amendments Nos. 191B and 191C were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendment No. 191B.
The Commons disagree to Lords Amendment No. 7 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 Amendments Nos. 49 and 50 for the following Reason: Because it is not desirable to limit the duration of Part 2. The Commons disagree to Lords Amendment No. 51 for the following Reason: Because it is consequential on Amendments Nos. 49 and 50 to which the Commons have disagreed. The Reasons were agreed to. Message to the Lords to communicate the said Reasons, with the Bill and Amendments.
Consideration of Lords Message 1. Any Message from the Lords may be considered forthwith without any Question put and proceedings on that Message shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement. Subsequent stages 2. Any further Messages from the Lords may be considered forthwith without any Question 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—(Mr Vernon Coaker):—It was agreed to. The Deputy Speaker suspended the sitting, pursuant to Order [8th November].
The Deputy Speaker suspended the sitting, pursuant to Order [8th November].
The Lords do not insist on their remaining Amendment to the Armed Forces (Pensions and Compensation) Bill to which this House has disagreed. Page 624 Wednesday 17th November 2004 2003-2004 Volume 260 Back to top The Lords have agreed, without Amendment, to the Amendments made by this House to the Civil Partnership Bill [Lords]. The Lords have agreed without Amendment to the Amendment proposed by this House to a Lords Amendment to the Pensions Bill; they do not insist on certain of their Amendments to which this House has disagreed and agree without Amendment to the Amendments proposed by this House in lieu thereof; and they do not insist on their remaining Amendment to which this House has disagreed, but do propose an Amendment in lieu thereof, to which they desire the agreement of this House.
Lords Amendment No. 359B. A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Malcolm Wicks); The House divided. Tellers for the Ayes, Jim Fitzpatrick, Mr Vernon Coaker: 265. Tellers for the Noes, Mr Peter Atkinson, Gregory Barker: 155. So the Question was agreed to. The Lords Amendment was accordingly disagreed to. A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 6th November 2003 (Programming of Bills)], That a Committee be appointed to draw up a Reason to be assigned to the Lords for disagreeing to their Amendment No. 359B; That David Cairns, Margaret Moran, Mr Nigel Waterson, Steve Webb and Malcolm Wicks be members of the Committee; That Malcolm Wicks be the Chairman of the Committee; That three be the Quorum of the Committee; That the Committee do withdraw immediately—(Margaret Moran):—It was agreed to.
The Deputy Speaker suspended the sitting, pursuant to Order [8th November].
The Commons disagree to Lords Amendment No. 359B for the following Reason: Because it would alter the area of taxation, and the Commons do not offer any further Reason, trusting that this Reason may be deemed sufficient. The Reason was agreed to. Message to the Lords to communicate the said Reason, with the Bill and Amendments.
The Lords insist on certain of their Amendments to the Hunting Bill to which this House has disagreed, for which insistence they assign their Reasons; they do not insist on certain of their other Amendments to which this House has disagreed but propose Amendments in lieu thereof, to which they desire the agreement of this House; they do not insist on their remaining Amendment to which this House has disagreed; and they have considered and disagreed to the Amendment which this House suggested pursuant to section 2(4) of the Parliament Act 1911.
And the Question being put; Resolved, That this House do now adjourn. And accordingly, the House, having continued to sit till twenty minutes past Ten o'clock, adjourned till to-morrow. [Adjourned at 10.20 p.m. Page 625 Wednesday 17th November 2004 2003-2004 Volume 260 Back to top APPENDIX I Papers presented or laid upon the Table: Papers subject to Affirmative Resolution:
Papers subject to Negative Resolution:
Other Papers:
(1) Foreign and Commonwealth Office, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1261] [Mr Stephen Timms]; (2) House of Commons: Administration, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1240] [The Speaker]; (3) House of Commons: Members, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No 1239] [Clerk of the House]; and (4) Office of the Parliamentary Commissioner for Administration and Health Service Commissioner, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No 1268] [Clerk of the House].
APPENDIX II Standing Committees European Standing Committees
APPENDIX III Reports from Select Committees
Page 626 Wednesday 17th November 2004 2003-2004 Volume 260 Back to top
(2) Memoranda laid before the Committee; to be printed [No. 1127-xi] [Mr George Howarth].
(2) Minutes of Evidence taken before the Committee [Waste Policy and the Landfill Directive]; to be printed [No. 1256-ii]; and (3) Memoranda laid before the Committee [Water Pricing: follow-up] [Mr Michael Jack].
(2) Minutes of Evidence taken before the Committee [The EU's constitutional treaty]; to be printed [No. 1064-ii] [Mr Jimmy Hood].
(2) Minutes of Evidence taken before the Committee, together with Appendices [Department of Transport Annual Report 2004]; to be printed [No. 1280-i] [Mrs Gwyneth Dunwoody].
Page 627 Wednesday 17th November 2004 2003-2004 Volume 260 Back to top (2) Appendices to the Minutes of Evidence taken before the Committee on 16th September and 12th October [EU Single Market in Financial Services]; to be printed [No. 1068-iii] [Mr John McFall].
[No. 156; WH, No. 102] Wednesday 17th November 2004. The House sitting in Westminster Hall The sitting commenced at half-past Nine o'clock.
And accordingly the sitting was adjourned till to-morrow. [Adjourned at 4.54 p.m. [No. 157.] Thursday 18th November 2004. The House met at half-past Eleven o'clock. PRAYERS.
The Lords agree, without Amendment, to the Amendments proposed by this House in lieu of certain Lords Amendments to the Civil Contingencies Bill to which this House has disagreed; they do not insist on certain of their Amendments to which this House has disagreed but propose Amendments in lieu thereof, to which Amendments they desire the agreement of this House; and they do not insist on their remaining Amendments to which this House has disagreed. The Lords do not insist on their remaining Amendment to the Pensions Bill to which this House has disagreed.
Page 628 Thursday 18th November 2004 2003-2004 Volume 260 Back to top
Page 629 Thursday 18th November 2004 2003-2004 Volume 260 Back to top
1. At this day's sitting proceedings on consideration of any Lords message relating to the Hunting Bill shall be brought to a conclusion (unless already concluded) one hour after commencement. 2. For the purpose of bringing proceedings to a conclusion in accordance with paragraph 1 the Speaker shall put the following Questions forthwith (and no others)— (1) any Question which has been proposed from the Chair and has not yet been decided, and (2) the Question on any Motion moved by a Minister of the Crown. 3. Paragraphs 3 to 5 of the Order of 16th November shall apply—(Alun Michael); The House divided. Tellers for the Ayes, Joan Ryan, Mr Tom Watson: 271. Tellers for the Noes, Mr Geoffrey Clifton-Brown, Mr David Wilshire: 136. So the Question was agreed to.
A Motion was made, and the Question being proposed, That this House insists on its disagreement to Lords Amendments Nos. 1 to 44 and 46 to 54 and disagrees with the Lords in their Amendments Nos. 10C, 12C, 46C and 52C, but proposes Amendment (a) in lieu, to leave out Clause No. 15 and insert the following new Clause— ‘Commencement (1) The following provisions of this Act shall come into force on 31st July 2007— (a) sections 1 to 4, (b) Part 2 in so far as it relates to sections 1 to 4, (c) sections 11 to 14 in so far as they relate to sections 1 to 4, (d) Schedule 1, and (e) Schedules 2 and 3, except in so far as they change the law in relation to an activity to which section 5 applies. (2) The following provisions of this Act shall come into force at the end of the period of three months beginning with the date on which it is passed— (a) section 5, (b) Part 2 in so far as it relates to section 5, Page 630 Thursday 18th November 2004 2003-2004 Volume 260 Back to top (c) sections 11 to 13 in so far as they relate to section 5, and (d) Schedules 2 and 3 in so far as they change the law in relation to an activity to which section 5 applies'—(Alun Michael); An Amendment (No. 1) was proposed to the Question, in line 3, to leave out from ‘52C' to the end of the Question.—(Mr James Gray.) And the Question being proposed, That the Amendment be made; And it being one hour after the commencement of proceedings, the Speaker put the Question, pursuant to Order [this day]. The House divided. Tellers for the Ayes, Mr David Heathcoat-Amory, Richard Ottaway: 146. Tellers for the Noes, Mr Jim Murphy, Paul Clark: 286. So the Question was negatived. The Speaker then put the remaining Questions to be decided at that hour. The Main Question being put; The House divided. Tellers for the Ayes, Mr Jim Murphy, Paul Clark: 46. Tellers for the Noes, Mr David Heathcoat-Amory, Richard Ottaway: 345. So the Question was negatived. A Motion was made, and the Question being put, That this House insists on its disagreement to Lords Amendments Nos. 1 to 44 and 46 to 54, disagrees with the Lords in their Amendments Nos. 10C, 12C, 46C and 52C, but proposes Amendment (b) in lieu, to leave out Clause No. 15 and insert the following new Clause: ‘Commencement (1) The following provisions of this Act shall come into force on 31st July 2006— (a) sections 1 to 4, (b) Part 2 in so far as it relates to sections 1 to 4, (c) sections 11 to 14 in so far as they relate to sections 1 to 4, (d) Schedule 1, and (e) Schedules 2 and 3, except in so far as they change the law in relation to an activity to which section 5 applies. (2) The following provisions of this Act shall come into force at the end of the period of three months beginning with the date on which it is passed— (a) section 5, (b) Part 2 in so far as it relates to section 5, (c) sections 11 to 13 in so far as they relate to section 5, and (d) Schedules 2 and 3 in so far as they change the law in relation to an activity to which section 5 applies'—(Alun Michael); The House divided. Tellers for the Ayes, Mr Jim Murphy, Paul Clark: 283. Tellers for the Noes, Richard Ottaway, Mr David Heathcoat-Amory: 132. So the Question was agreed to.
Lords Amendments Nos. 49B and 50B were disagreed to. A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 6th November 2003 (Programming of Bills)], That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their Amendments Nos. 49B and 50B; That Mr Richard Allan, Mr Oliver Heald, Ruth Kelly, Bridget Prentice and James Purnell be members of the Committee; That Ruth Kelly be the Chairman of the Committee; That three be the Quorum of the Committee; That the Committee do withdraw immediately—(Bridget Prentice):—It was agreed to. The Deputy Speaker suspended the sitting, pursuant to Order [8th November]. Page 631 Thursday 18th November 2004 2003-2004 Volume 260 Back to top
The Commons disagree to Lords Amendments Nos. 49B and 50B for the following Reason: Because it is not desirable to limit the duration of Part 2. The Reason was agreed to. Message to the Lords to communicate the said Reason, with the Bill and Amendments.
The Deputy Speaker suspended the sitting, pursuant to Order [8th November].
The Lords insist on their Amendments to the Hunting Bill, to which this House has insisted on its disagreement, for which insistence they assign their Reasons; they insist on their Amendments to which this House has disagreed, for which insistence they assign their Reasons; and they disagree to the Amendment proposed by this House in lieu of the Lords Amendments, for which disagreement they assign their Reason. The Lords do not insist on their Amendments to the Civil Contingencies Bill, to which this House has disagreed. The Speaker suspended the sitting, pursuant to Order [8th November].
Mr Speaker, The Lords, authorised by virtue of Her Majesty's Commission, for declaring Her Royal Assent to several Acts agreed upon by both Houses, and under the Parliament Acts 1911 and 1949 and for proroguing the present Parliament, desire the immediate attendance of this Honourable House in the House of Peers, to hear the Commission read. Accordingly the Speaker, with the House, went up to the House of Peers, where a Commission was read, giving, declaring and notifying the Royal Assent to several Acts, and for proroguing this present Parliament. The Royal Assent was given to the following Acts agreed upon by both Houses: Armed Forces (Pensions and Compensation) Act 2004 Civil Partnership Act 2004 Housing Act 2004 Pensions Act 2004 Civil Contingencies Act 2004. The Royal Assent was given to the following Act, passed under the provisions of the Parliament Acts 1911 and 1949: Hunting Act 2004. (The said Bill having been endorsed by the Speaker with the following Certificate: I certify, in reference to this Bill, that the provisions of section two of the Parliament Act 1911, as amended by section one of the Parliament Act 1949, have been duly complied with. Michael J. MartinSpeaker.) And afterwards Her Majesty's Most Gracious Speech was delivered to both Houses of Parliament by the Lord High Chancellor (in pursuance of Her Majesty's Command), as follows: My Lords and Members of the House of Commons My Government has taken action in support of economic stability and growth, and to deliver reform of the public services, increasing opportunity and social justice. My Government is committed to delivering a world class education system to allow individuals to achieve their full potential. An Act has been passed to enable higher education institutions to secure the additional necessary funding and ensure fair access for all. My Government has brought forward a Bill to enable some local authorities to pilot new arrangements for school transport to extend provisions to cover more pupils. Page 632 Thursday 18th November 2004 2003-2004 Volume 260 Back to top An Act has been passed to provide all children born from September 2002 with a Child Trust Fund, encouraging parents and children to save and ensuring that all children have a financial asset at eighteen. Legislation has also been passed to protect pension scheme members if companies become insolvent, to encourage employers to provide good quality pensions and individuals to save effectively for retirement. My Government has published a draft Bill to ensure comprehensive civil rights for disabled people. In addition, legislation has been passed putting in place a range of measures to streamline the asylum and immigration system and tackle abuse. My Government continues to make the reduction of crime and the fear of crime a priority, and to enhance security and protection. An Act has been passed modernising the laws on domestic violence and establishing a Commissioner to support the interests of victims and witnesses. A Children's Commissioner for England has also been established as part of legislation improving services to protect children. Draft legislation has also been published on establishing a national identity card scheme. Legislation has been passed creating a long-term foundation for civil contingency planning in the UK, improving the basis for preparations at a local level and modernising the emergency powers framework. An Act has been passed to ensure the fire and rescue services can respond effectively to the changing demands they face. Members of the House of Commons I thank you for the provision you have made for the work and dignity of the Crown and for the public service. My Lords and Members of the House of Commons My Government remains committed to working closely with the political parties and the Irish Government to see an end to all forms of paramilitary activity and to restore as soon as possible a stable and inclusive partnership government in Northern Ireland. An Act has been passed establishing a Northern Ireland Judicial Appointments Commission. My Government continues to work closely with the devolved administrations in Scotland and Wales. Acts have been passed to retain the current number of members in the Scottish Parliament and to establish a single public audit body for Wales. A Bill to provide the National Assembly for Wales with a range of transport-related powers has been published in draft. My Government continues to take forward a programme of constitutional reform. Legislation has been passed to improve traffic flow and manage road works more effectively. An Act has been passed to establish a Nuclear Decommissioning Authority and to promote secure and sustainable energy supplies. Legislation has been passed to help create a fairer housing market and protect the most vulnerable, and to make the planning system fairer and faster with greater community participation. In addition, legislation has been passed implementing the Government's review of the Employment Relations Act 1999, and to improve company law by strengthening accounting, audit and inspection arrangements removing barriers to recruiting directors and creating Community Interest Companies to enable social enterprises to meet the needs of their communities in new and innovative ways. My Government has brought forward draft legislation on a number of other matters including animal welfare, charities and mental health. Other important measures have been enacted. My Lords and Members of the House of Commons The Duke of Edinburgh and I were pleased to pay a state visit to Nigeria in December and attend the Commonwealth Heads of Government meeting. We were pleased to receive the state visit of His Excellency the President of Poland in May, and to pay a state visit to Germany earlier this month. We were also pleased to mark the centenary of the Entente Cordiale with a state visit to France in April and will receive His Excellency the President of France this week. Page 633 Thursday 18th November 2004 2003-2004 Volume 260 Back to top My Government played an active role in preparing the North Atlantic Treaty Organisation for further enlargement in March and the European Union for the accession of ten new member states in May. They worked with other member states to conclude negotiations on a new constitutional treaty for the European Union and to strengthen peace and prosperity in Europe. My Government has worked for a strong partnership between Europe and the United States of America, and for effective action against the threat from global terrorism and weapons of mass destruction. My Government was active in securing the first ever generic United Nations Security Council Resolution on the non-proliferation of weapons of mass destruction. The resolution imposes obligations on all states to criminalise the possession, manufacture or trafficking of such weapons, in particular for terrorist purposes. My Government was active, with the Government of the United States, in working with the Libyan Government towards their renunciation of weapons of mass destruction. My Government has maintained the United Kingdom's commitment to enhancing stability in the Balkans and in rebuilding Afghanistan and Iraq. My Government worked with the people of Iraq and the United Nations to establish the Iraqi Interim Government in June. In partnership with France, Germany and other partners, my Government has worked to persuade Iran to address international concerns regarding its nuclear programme. My Government supported international negotiations with North Korea, and has continued to work towards peace in the Middle East. My Government was active in securing a United Nations Security Council Resolution imposing obligations on the Government of Sudan to take action to end the terrible suffering in the Darfur region. My Government is the second largest bilateral donor working to improve the humanitarian situation in Darfur. My Government published White Papers providing a statement of Defence Policy, and an assessment of capabilities the Armed Forces will require to meet the new strategic environment. Legislation has been passed giving enabling powers to bring in new pension and compensation arrangements for the Armed Forces. My Government has worked to reduce poverty and for the achievement of the Millennium Development Goals. It established the Commission for Africa to focus on development and progress in Africa. In addition my Government launched an HIV and AIDS strategy for the developing world which announces the UK's commitment to spend at least £1.5 billion over the next three years. My Lords and Members of the House of Commons I pray that the blessing of Almighty God may attend you. After which the Lord Chancellor said: My Lords and Members of the House of Commons, By virtue of Her Majesty's Commission which has now been read we do, in Her Majesty's name, and in obedience to Her Majesty's Commands, prorogue this Parliament to Tuesday the twenty-third day of this instant November, to be then here holden, and this Parliament is accordingly prorogued to Tuesday the twenty-third day of November. APPENDIX I Papers presented or laid upon the Table: Papers subject to Negative Resolution:
(2) Crown Court (Amendment No. 3) Rules 2004 (S.I., 2004, No. 2991), dated 15th November 2004 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Blunkett]. Other Papers:
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Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2004 (S.I., 2004, No. 3009) [by Standing Order] [The Speaker].
APPENDIX II Reports from Select Committees
[No. 157; WH, No. 103] Thursday 18th November 2004. The House sitting in Westminster Hall The sitting commenced at half-past Two o'clock.
And accordingly the sitting was adjourned till Tuesday 23rd November. [Adjourned at 2.30 p.m.
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