Session 2004-2005

Commons Journal 261

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


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[No. 12.]

Monday 13th December 2004.

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

PRAYERS.

1First Standing Committee on Delegated Legislation,—Miss Anne Begg reported from the First Standing Committee on Delegated Legislation the draft Agency for International Trade Information and Cooperation (Legal Capacities) Order 2004.

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

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

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

3Fifteenth Standing Committee on Delegated Legislation,—Mr Kevin Hughes reported from the Fifteenth Standing Committee on Delegated Legislation the draft Institute of Trade Mark Attorneys Order 2004.

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

4European Standing Committee B,—Mr Bill O'Brien reported from European Standing Committee B the following Resolution:

That the Committee takes note of European Union Document No. 15130/04 and Corrigendum 1; notes that the draft Council Decision is one of the final steps in the arrangements to move asylum and immigration measures to QMV and co-decision, as agreed at Amsterdam and Nice; and supports the Government's position that the procedure will provide for more efficient decision-making in the Council.

Resolution to lie upon the Table.

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

5Child Benefit Bill,—Mr Chancellor of the Exchequer, supported by Mr Secretary Clarke, Mr Paul Boateng, Mr Secretary Johnson, Dawn Primarolo, Mr Stephen Timms and John Healey, presented (under Standing Order No. 50 (Procedure upon bills whose main object is to create a charge upon the public revenue)) a Bill to make provision for and in connection with altering the descriptions of persons in respect of whom a person may be entitled to child benefit: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 13].

Ordered, That the Explanatory Notes relating to the Child Benefit Bill be printed [Bill 13–EN].

6Opposition Day [1st allotted day],—It being an allotted day at the disposal of the Leader of the Opposition in pursuance of Standing Order No. 14 (Arrangement of public business), the House proceeded to consider Opposition business.

School Discipline,—A Motion was made, and the Question being proposed, That this House notes that the vast majority of pupils are well-behaved and eager to learn but is concerned that their ability to do so is increasingly undermined by a disruptive minority; regrets the fact that an assault takes place on a teacher every seven minutes, as reported by teaching unions; further notes that incidents involving poor behaviour, intimidation, violence, guns and drugs in schools are all increasing; deplores the announcement by the Government that it will force every state school, irrespective of the wishes of its head teacher, to take a share of pupils with disruptive or even violent backgrounds; believes that head teachers should be given, unequivocally, the final say on expulsions by abolishing independent appeals panels; calls for a six-fold increase in the number of places to be provided for high-quality, intensive but separate education of those whose behavioural difficulties make them unsuitable for inclusion in mainstream schools; is confident that the ability of teachers to exercise discipline would be greatly enhanced by protecting them from the fear of false allegations of abuse, and urges swift legislation to guarantee anonymity for teachers facing accusations at least up to the point where a formal criminal charge is brought; recognises that teachers, parents and pupils all, overwhelmingly, want to see stronger action on discipline and have the right to expect it; and consequently, further believes that it is time for the rights of the majority of pupils, parents and teachers to be given greater weight—(Mr Tim Collins);

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 high priority the Government gives to improving behaviour and discipline in schools; supports Government measures to promote positive behaviour by empowering headteachers to deal with badly behaved pupils; celebrates the success that is evident, including attendance being at its highest ever level and Ofsted reporting behaviour satisfactory or

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better in 99 per cent. of primary schools and 95 per cent. of secondary schools; affirms the Government's commitment to tackle problems that remain; further supports the Government's reform of exclusions to strengthen the power of headteachers; deplores attempts to destroy that system, which would expose headteachers to litigation; welcomes the fact that headteachers, local education authorities and staff are endorsing Government plans for Foundation Partnerships which help schools co operate to put pupils back on the right track; notes that capacity of pupil referral units has almost doubled under this Government to 13,000 places; considers that to multiply this capacity by six would not represent cost effective spending on behaviour; deplores the suggestion that privatised borstals are the answer to every problem; endorses the action that the Government is taking to keep drugs and knives out of schools; further endorses the Government's drive to ensure that parents play their part in ensuring that children attend school regularly and behave well; further supports the Government's reforms for dealing with allegations against teachers swiftly and fairly; and agrees with the Government that no pupil has the right to disrupt the education of others and that every pupil, not just the few, should have the opportunity to succeed in life and to contribute', instead thereof.—(Mr Stephen Twigg.)

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

The House divided.

Tellers for the Ayes, Mr David Ruffley, Mr Crispin Blunt: 134.

Tellers for the Noes, Margaret Moran, Derek Twigg: 290.

So the Question was negatived.

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

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

Resolved, That this House welcomes the high priority the Government gives to improving behaviour and discipline in schools; supports Government measures to promote positive behaviour by empowering headteachers to deal with badly behaved pupils; celebrates the success that is evident, including attendance being at its highest ever level and Ofsted reporting behaviour satisfactory or better in 99 per cent. of primary schools and 95 per cent. of secondary schools; affirms the Government's commitment to tackle problems that remain; further supports the Government's reform of exclusions to strengthen the power of headteachers; deplores attempts to destroy that system, which would expose headteachers to litigation; welcomes the fact that headteachers, local education authorities and staff are endorsing Government plans for Foundation Partnerships which help schools co operate to put pupils back on the right track; notes that capacity of pupil referral units has almost doubled under this Government to 13,000 places; considers that to multiply this capacity by six would not represent cost effective spending on behaviour; deplores the suggestion that privatised borstals are the answer to every problem; endorses the action that the Government is taking to keep drugs and knives out of schools; further endorses the Government's drive to ensure that parents play their part in ensuring that children attend school regularly and behave well; further supports the Government's reforms for dealing with allegations against teachers swiftly and fairly; and agrees with the Government that no pupil has the right to disrupt the education of others and that every pupil, not just the few, should have the opportunity to succeed in life and to contribute.

Family Justice,—A Motion was made, and the Question being proposed, That this House agrees that, on the separation of parents, priority should be given to the interests of the children; believes that it is in the best interests of all children for both parents to be fully involved in their upbringing and hence that separated parents should each have a legal presumption of reasonable contact with their children, except where a child's safety would be at risk, so that children are able to benefit from being parented by both their parents, as well as from contact with any grandparents and extended family members able and willing to play a role in their upbringing; regrets the Government's opposition to such a legal presumption, which will lead to yet more children being denied access to both their parents and their extended families; views with concern the Government's failure to implement the Early Intervention Project; and calls on the Government to replace the legal term ‘contact' with ‘parenting time', to introduce a legal presumption of co-parenting and to introduce early intervention in parental separation, with court-backed mediation and guidelines on parenting time—(Mrs Theresa May);

An Amendment was proposed to the Question, in line 2, to leave out from the word ‘House' to the end of the Question and add the words ‘believes that, on the separation of parents, the welfare of the children should be the paramount consideration in any family court proceedings concerning the upbringing of a child, and recognises that children benefit from a meaningful relationship with both parents after separation, so long as it is safe; congratulates the Government on the proposals in its consultation document Parental Separation: Children's Needs and Parents' Responsibilities, which

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addresses the realities of the reform that is needed in family justice, including its commitment to legislate to improve facilitation of contact and enforcement of contact orders; notes that the use of the term ‘parenting time' in place of ‘contact' fails to recognise the important role of the extended family, including children's siblings, in children's upbringing and that contact orders are not only made in relation to parents; and deeply regrets the official Opposition's view that any presumption is needed in law beyond the principle that the welfare of the child is paramount', instead thereof.—(Margaret Hodge.)

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

The House divided.

Tellers for the Ayes, Mr David Ruffley, Mr Crispin Blunt: 168.

Tellers for the Noes, Paul Clark, Margaret Moran: 283.

So the Question was negatived.

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

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

Resolved, That this House believes that, on the separation of parents, the welfare of the children should be the paramount consideration in any family court proceedings concerning the upbringing of a child, and recognises that children benefit from a meaningful relationship with both parents after separation, so long as it is safe; congratulates the Government on the proposals in its consultation document Parental Separation: Children's Needs and Parents' Responsibilities, which addresses the realities of the reform that is needed in family justice, including its commitment to legislate to improve facilitation of contact and enforcement of contact orders; notes that the use of the term ‘parenting time' in place of ‘contact' fails to recognise the important role of the extended family, including children's siblings, in children's upbringing and that contact orders are not only made in relation to parents; and deeply regrets the official Opposition's view that any presumption is needed in law beyond the principle that the welfare of the child is paramount.

7Consolidated Fund Bill,—The Order of the day being read, for the Second Reading of the Consolidated Fund Bill;

And a Motion being made, and the Question being put forthwith pursuant to Standing Order No. 56 (Consolidated Fund Bills), That the Bill be now read a second time:—It was agreed to.

The Bill was accordingly read a second time.

And the Question being put forthwith, That the Bill be now read the third time:—It was agreed to.

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

8Criminal Law,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Criminal Justice Act 2003 (Categories of Offences) Order 2004, which was laid before this House on 15th November, in the last Session of Parliament, be approved—(Mr Jim Murphy):—It was agreed to.

9Social Security,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 2004, which were laid before this House on 11th November, in the last Session of Parliament, be approved—(Mr Jim Murphy):—It was agreed to.

10Social Security,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Child Benefit and Guardian's Allowance (Decisions and Appeals) (Amendment) Regulations 2004, which were laid before this House on 16th November, in the last Session of Parliament, be approved—(Mr Jim Murphy):—It was agreed to.

11Building Societies,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Building Societies Act 1986 (International Accounting Standards and Other Accounting Amendments) Order 2004, which was laid before this House on 11th October, in the last Session of Parliament, be approved—(Mr Jim Murphy):—It was agreed to.

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12Flood Risk Management—Flood Prevention, Protection and Mitigation,—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. 11422/04, Commission Communication on Flood risk management—Flood prevention, protection and mitigation; and supports the Government's view that cooperation and sharing of good practice with other EU Member States on the issue of flood risk management will be of benefit to the United Kingdom—(Mr Jim Murphy):—It was agreed to.

13Information,—Ordered, That Jim Sheridan be discharged from the Information Committee and Chris Mole be added.—(Mr John McWilliam, on behalf of the Committee of Selection.)

14Public Petitions,—Public Petitions from—

(1) supporters of Stop Gateway College Expansion against the expansion of Gateway College in Leicester, and

(2) supporters of the campaign to restrict fireworks to licensed displays for changes to legislation that would restrict the use of fireworks

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

15Adjournment,—Resolved, That this House do now adjourn.—(Mr Jim Murphy.)

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

[Adjourned at 10.47 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers delivered to the Votes and Proceedings Office on Friday 10th December 2004 pursuant to Standing Order No. 159 (Presentation of statutory instruments):

Papers subject to Negative Resolution:

1Agriculture,—Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations 2004 (S.I., 2004, No. 3254), dated 9th December 2004 [Mr Secretary Reid].

2Building and Buildings,—Building (Amendment) (No. 3) Regulations 2004 (S.I., 2004, No. 3210), dated 6th December 2004, with an Explanatory Memorandum [Mr Secretary Prescott].

3Companies,—Companies (1986 Order) (International Accounting Standards and Other Accounting Amendments) Regulations (Northern Ireland) 2004 (S.R. (N.I.), 2004, No. 496), dated 2nd December 2004, with an Explanatory Memorandum [Mr Secretary Murphy].

4Environmental Protection,—(1) Controls on Pentabromodiphenyl Ether and Octabromodiphenyl Ether (No. 2) Regulations 2004 (S.I., 2004, No. 3278), dated 9th December 2004;

(2) Joint Municipal Waste Management Strategies (Disapplication of Duties) (England) Regulations 2004 (S.I., 2004, No. 3242), dated 8th December 2004; and

(3) Pollution Prevention and Control (England and Wales) (Amendment) and Connected Provisions Regulations 2004 (S.I., 2004, No. 3276), dated 9th December 2004,

with Explanatory Memoranda thereon [Secretary Margaret Beckett].

5Fireworks,—Fireworks (Amendment) Regulations 2004 (S.I., 2004, No. 3262), dated 8th December 2004, with an Explanatory Memorandum [Ms Secretary Hewitt].

6Food,—General Food Regulations 2004 (S.I., 2004, No. 3279), dated 9th December 2004 [Mr Secretary Reid].

7Government Trading Funds,—OGCbuying.solutions Trading Fund (Appropriation of Additional Assets and Liabilities) Order 2004 (S.I., 2004, No. 3277), dated 9th December 2004, with an Explanatory Memorandum [Mr Paul Boateng].

8Immigration,—Immigration (Claimant's Credibility) Regulations 2004 (S.I., 2004, No. 3263), dated 8th December 2004, with an Explanatory Memorandum [Mr Secretary Blunkett].

9Income Tax,—(1) Exchange Gains and Losses (Bringing into Account Gains or Losses) (Amendment) Regulations 2004 (S.I., 2004, No. 3259), dated 9th December 2004, with an Explanatory Memorandum [Dawn Primarolo];

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(2) Finance Act 2000, Schedule 20 (Definition of Small or Medium-Sized Enterprise) Order 2004 (S.I., 2004, No. 3267), dated 9th December 2004, with an Explanatory Memorandum [John Healey];

(3) Finance Act 2002, Schedule 26, Parts 2 and 9 (Amendment No. 2) Order 2004 (S.I., 2004, No. 3270), dated 9th December 2004, with an Explanatory Memorandum [Dawn Primarolo];

(4) Finance Act 2004, Sections 38 to 45 and Schedule 6 (Consequential Amendment of Enactments No. 2) Order 2004 (S.I., 2004, No. 3269), dated 9th December 2004, with an Explanatory Memorandum [Dawn Primarolo];

(5) Insurance Companies (Corporation Tax Acts) Order 2004 (S.I., 2004, No. 3266), dated 9th December 2004, with an Explanatory Memorandum [Mr Stephen Timms];

(6) Insurance Companies (Overseas Life Assurance Business) (Excluded Business) (Amendment) Regulations 2004 (S.I., 2004, No. 3274), dated 10th December 2004, with an Explanatory Memorandum [Mr Stephen Timms];

(7) Insurance Companies (Reserves) (Tax) (Amendment) Regulations 2004 (S.I., 2004, No. 3260), dated 9th December 2004, with an Explanatory Memorandum [Mr Stephen Timms];

(8) Loan Relationships and Derivative Contracts (Change of Accounting Practice) Regulations 2004 (S.I., 2004, No. 3271), dated 9th December 2004, with an Explanatory Memorandum [Dawn Primarolo];

(9) Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) Regulations 2004 (S.I., 2004, No. 3256), dated 9th December 2004, with an Explanatory Memorandum [Dawn Primarolo];

(10) Overseas Insurers (Tax Representatives) (Amendment) Regulations 2004 (S.I., 2004, No. 3272), dated 10th December 2004, with an Explanatory Memorandum [Mr Stephen Timms]; and

(11) Overseas Life Assurance Fund (Amendment) Order 2004 (S.I., 2004, No. 3275), dated 9th December 2004, with an Explanatory Memorandum [Mr Stephen Timms].

10Legal Aid and Advice,—Legal Aid in Criminal Proceedings (Costs) (Amendment No. 2) Rules (Northern Ireland) 2004 (S.R. (N.I.), 2004, No. 510), dated 3rd December 2004, with an Explanatory Memorandum [Mr David Lammy].

11Local Government,—Local Authorities (Categorisation) (England) (No. 2) Order 2004 (S.I., 2004, No. 3211), dated 6th December 2004, with an Explanatory Memorandum [Mr Secretary Prescott].

12Medicines,—(1) Medicines (Marketing Authorisations and Miscellaneous Amendments) Regulations 2004 (S.I., 2004, No. 3224), dated 7th December 2004; and

(2) Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 2004 (S.I., 2004, No. 3197), dated 3rd December 2004

[Mr Secretary Reid].

13Police,—Police (Amendment) Regulations 2004 (S.I., 2004, No. 3216), dated 7th December 2004, with an Explanatory Memorandum [Mr Secretary Blunkett].

14Rating and Valuation,—Non-Domestic Rating Contributions (England) (Amendment) Regulations 2004 (S.I., 2004, No. 3234), dated 8th December 2004, with an Explanatory Memorandum [Mr Secretary Prescott].

15Road Traffic,—(1) Motor Cars (Driving Instruction) (Amendment) (No. 2) Regulations 2004 (S.I., 2004, No. 3159), dated 29th November 2004;

(2) Motorways Traffic (England and Wales) (Amendment) Regulations 2004 (S.I., 2004, No. 3258), dated 9th December 2004; and

(3) Motorways Traffic (Scotland) (Amendment) (No. 2) Regulations 2004 (S.I., 2004, No. 3261), dated 9th December 2004,

with Explanatory Memoranda thereon [Mr Secretary Darling].

16Statistics of Trade,—Statistics of Trade (Customs and Excise) (Amendment) Regulations 2004 (S.I., 2004, No. 3284), dated 10th December 2004, with an Explanatory Memorandum [Ruth Kelly].

17Taxes,—Insurance Companies (Overseas Life Assurance Business) (Compliance) (Amendment) Regulations 2004 (S.I., 2004, No. 3273), dated 10th December 2004, with an Explanatory Memorandum [Mr Stephen Timms].

18Terms and Conditions of Employment,—Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2004 (S.I., 2004, No. 3265), dated 7th December 2004, with an Explanatory Memorandum [Mr Secretary Blunkett].

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Papers presented or laid upon the Table on Monday 13th December 2004:

Papers subject to Negative Resolution:

19Countryside,—Access to the Countryside (Means of Access, Appeals) (England) Regulations 2004 (S.I., 2004, No. 3305), dated 9th December 2004 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett].

20National Health Service,—National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2004 (S.I., 2004, No. 3215), dated 7th December 2004 [by Act] [Mr Secretary Reid].

Other Papers:

21Cabinet Office,—Cabinet Office: Autumn Performance Report 2004 [by Command] [Cm. 6414] [Ruth Kelly].

22National Audit,—Report by the Comptroller and Auditor General on Skills for Life: Improving adult literacy and numeracy [by Act]; to be printed [No. 20] [Clerk of the House].

23National Lottery,—Account of the Sports Council for Northern Ireland Lottery Distribution for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 143] [Clerk of the House].

24School Standards and Framework,—Account of Gloucester Education Action Zone for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 127] [Clerk of the House].

APPENDIX II

Standing Committees

1Income Tax (Trading and Other Income) Bill,—The Committee of Selection has discharged Ms Debra Shipley from the Second Reading Committee (nominated in respect of the Bill) and nominated in substitution Lorna Fitzsimons.

European Standing Committees

2The Speaker has appointed Mr Eric Forth Chairman of European Standing Committee A in respect of European Union Document No. 11491/04 on Common Agricultural Policy—reform of the Sugar Sector in place of Mrs Irene Adams.

APPENDIX III

Reports from Select Committees

1Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [Every Child Matters]; to be printed [No. 40-ii] [Mr Barry Sheerman].

2Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—Minutes of Evidence taken before the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Urban Affairs Sub-Committee [The Role and Effectiveness of the Commission for Architecture and the Built Environment]; to be printed [No. 59-i] [Clive Betts].

3Public Accounts,—(1) First Report from the Committee of Public Accounts [The management of sickness absence in the Prison Service]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 146]; and

(2) Minutes of Evidence taken before the Committee [Reducing Crime: the Home Office working with Crime and Disorder Reduction Partnerships]; to be printed [No. 147-i]

[Mr Edward Leigh].


THE SPEAKER'S CERTIFICATE

 The Speaker certified that the Consolidated Fund Bill is a Money Bill within the meaning of the Parliament Act 1911.


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[No. 13.]

Tuesday 14th December 2004.

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

PRAYERS.

1Regulatory Reform,—Mr Peter Pike reported from the Regulatory Reform Committee the following Resolution:

That the proposal for the Regulatory Reform (Prison Officers) (Industrial Action) Order 2004, which was laid before the House on 18th October, should be amended before a draft Order is laid before the House.

2Income Tax (Trading and Other Income) Bill,—Mr Joe Benton reported from the Second Reading Committee on the Income Tax (Trading and Other Income) Bill, That it had come to the following Resolution, which it had directed him to report to the House: That the Committee recommends that the Income Tax (Trading and Other Income) Bill ought to be read a second time.

Report to lie upon the Table.

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

3Mental Capacity Bill (Programme) (No. 3),—Ordered, That the Order of 11th October 2004 (Mental Capacity Bill (Programme)) (as amended by the Order of 12th October 2004 (Mental Capacity Bill (Programme) (No. 2)) be varied as follows—

Consideration and Third Reading

1. Paragraphs 4 and 5 of the Order of 11th October 2004 shall be omitted.

2. The proceedings shown in the first column of the following table shall (so far as not previously concluded) be brought to a conclusion at the time specified in the second column—

New Clauses relating to life-sustaining treatment and best interests3.30 p.m. on the day on which proceedings on consideration are begun.
New Clauses relating to research and to independent consultees5.30 p.m. on that day.
Remaining proceedings on consideration6 p.m. on that day.

3. Proceedings on Third Reading shall, so far as not previously concluded, be brought to a conclusion at 7 p.m. on that day.—(Mr David Lammy.)

4Mental Capacity Bill,—The House, according to Order, proceeded to consider the Mental Capacity Bill.

A Clause (NC1) (Excluded decisions)—(Jim Dobbin)—brought up, and read the first time.

Question proposed, That the Clause be read a second time.

And it being half-past Three o'clock, the Deputy Speaker put the Question, pursuant to Order [this day].

The House divided.

Tellers for the Ayes, Miss Ann Widdecombe, Ann Winterton: 203.

Tellers for the Noes, Mr Nick Ainger, Paul Clark: 297.

The Deputy Speaker then put the Question on a new Clause selected for separate decision.

Another Clause (NC2) (Excluded decisions (No. 2))—(Ann Winterton)—brought up.

Question put, That the Clause be added to the Bill.

The House divided.

Tellers for the Ayes, Ann Winterton, Mr Kerry Pollard: 198.

Tellers for the Noes, Mr Nick Ainger, Paul Clark: 296.

Another Clause (NC3) (Non-therapeutic procedures)—(Mr Kevin Barron)—brought up, and read the first time.

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

Another Clause (NC5) (Appointment of Independent Advocates (No. 2))—(Paul Holmes)—brought up, and read the first time.

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Question proposed, That the Clause be read a second time.

And it being half-past Five o'clock, the Deputy Speaker put the Question.

The House divided.

Tellers for the Ayes, Richard Younger-Ross, Bob Russell: 106.

Tellers for the Noes, Mr Nick Ainger, Paul Clark: 345.

Amendments (Nos. 3 and 4) made to the Bill.

Another Amendment (No. 1) proposed to the Bill, in page 2, line 41, at the end, to insert the words—

‘(3A) Where the determination concerns or affects the person's personal welfare, he must consider the person's life and health as basic to that welfare.'.—(Mr Iain Duncan Smith.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Miss Ann Widdecombe, Andrew Rosindell: 174.

Tellers for the Noes, Mr Nick Ainger, Paul Clark: 326.

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

‘(4A) He must, where the determination relates to life-sustaining treatment, begin by assuming that it will be in the person's best interests for his life to continue.'.—(Mr George Howarth.)

Question proposed, That the Amendment be made.

Amendment ((a)) made to the proposed Amendment, in line 2, by leaving out the word ‘best'.—(Mr David Lammy.)

Proposed Amendment, as amended, made to the Bill.

It being Six o'clock, the Deputy Speaker put the Questions on Amendments selected for separate decision.

Another Amendment (No. 32) proposed to the Bill, in page 14, line 10, to leave out Clause No. 24.—(Dr Brian Iddon.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Miss Ann Widdecombe, Ann Winterton: 110.

Tellers for the Noes, Mr Tom Watson, Mr Vernon Coaker: 366.

Another Amendment (No. 43) proposed to the Bill, in page 17, line 24, at the end, to insert the words—

‘(c) be in the best interests of P.'.—(Mr Dominic Grieve.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Mr Paul Goodman, Mr Adrian Flook: 148.

Tellers for the Noes, Mr Tom Watson, Mr Vernon Coaker: 321.

The Deputy Speaker then put the Question on the remaining Amendments moved by a Minister of the Crown.

Other Amendments (Nos. 5, 37, 38, 6 to 25, 39 and 26 to 31) made to the Bill.

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

And it being Seven o'clock, the Deputy Speaker put the Question, pursuant to Order [this day].

The House divided.

Tellers for the Ayes, Mr Jim Murphy, Jim Fitzpatrick: 354.

Tellers for the Noes, Miss Ann Widdecombe, Ann Winterton: 118.

So the Question was agreed to.

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

5Freedom of Information,—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 (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004, which was laid before this House on 4th November, in the last Session of Parliament, be approved—(Derek Twigg):—It was agreed to.

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6Freedom of Information,—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 (Time for Compliance with Request) Regulations 2004, which were laid before this House on 4th November, in the last Session of Parliament, be approved—(Derek Twigg):—It was agreed to.

7Legal Services,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Institute of Trade Mark Attorneys Order 2004, which was laid before this House on 3rd November, in the last Session of Parliament, be approved—(Derek Twigg):—It was agreed to.

8Freedom of Information,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Environmental Information Regulations 2004, which were laid before this House on 27th October, in the last Session of Parliament, be approved—(Derek Twigg):—It was agreed to.

9Urban Development,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the West Northamptonshire Development Corporation (Area and Constitution) Order 2004, dated 4th May 2004, a copy of which was laid before this House on 13th May, in the last Session of Parliament, be approved—(Derek Twigg):—It was agreed to.

10Financial Services and Markets,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2004 (S.I., 2004, No. 2737), dated 16th November 2004, a copy of which was laid before this House on 16th November, in the last Session of Parliament, be approved—(Derek Twigg):—It was agreed to.

11Northern Ireland,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Financial Provisions (Northern Ireland) Order 2004, which was laid before this House on 25th November, be approved—(Derek Twigg):—It was agreed to.

12International Immunities and Privileges,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Agency for International Trade Information and Co-operation (Legal Capacities) Order 2004, which was laid before this House on 16th September, in the last Session of Parliament, be approved—(Derek Twigg):—It was agreed to.

13Non-Domestic Rating,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2004, which were laid before this House on 2nd December, be approved—(Derek Twigg):—It was agreed to.

14Procedure for the Adoption of Measures Relating to Visas, Asylum and Immigration,—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. 15130/04, and Corrigendum 1; notes that the draft Council Decision is one of the final steps in the arrangements to move asylum and immigration measures to QMV and co-decision, as agreed at Amsterdam and Nice; and supports the Government's position that the procedure will provide for more efficient decision-making in the Council—(Derek Twigg):—It was agreed to.

15Public Petitions,—A Public Petition from Anne Crabtree and other pensioners for the retention of the order book system for paying pensions was presented and read; and ordered to lie upon the Table and to be printed.

16Public Petitions,—Public Petitions from—

(1) members of the Bromley Baptist Church against the proposed deportation of Adela Nawaki and Mohammed Yasin Nawaki; and

(2) residents of Crown Rise, Maesteg, South Wales, for a meeting regarding the safety of the culvert alongside Crown Rise

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

17Adjournment,—Resolved, That this House do now adjourn.—(Derek Twigg.)

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

[Adjourned at 7.44 p.m.

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APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1Representation of the People,—Draft Parliamentary Constituencies (Scotland) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

Papers subject to Negative Resolution:

2Fire and Rescue Services,—Fire and Rescue Services (National Framework) (England) Order 2004 (S.I., 2004, No. 3217), dated 7th December 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

3Non-Domestic Rating,—Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004 (S.I., 2004, No. 3315), dated 14th December 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

4Road Traffic,—(1) Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (District of East Hertfordshire) Order 2004 (S.I., 2004, No. 3310); and

(2) Road Vehicles (Registration and Licensing) (Amendment) (No. 5) Regulations 2004 (S.I., 2004, No. 3298),

dated 9th December 2004 [by Act], with Explanatory Memorandum thereon [by Command] [Mr Secretary Darling].

Other Papers:

5Air Force Constitution,—Amendment to the Rates of Pay, Bounties and Allowances of the Royal Air Force Reserve and Royal Auxiliary Air Force [by Act] [Mr Secretary Hoon].

6Boundary Commission for Scotland,—Fifth Periodical Report of the Boundary Commission for Scotland [by Command] [Cm. 6427] [Mr Secretary Darling].

7Foreign and Commonwealth Office,—Foreign and Commonwealth Office: Autumn Performance Report 2004 [by Command] [Cm. 6409] [Mr Secretary Straw].

8Health,—Department of Health: Autumn Performance Report 2004 [by Command] [Cm. 6417] [Mr Secretary Reid].

9Law Commission,—Report of the Law Commission, entitled Towards a Compulsory Purchase Code: (2) Procedure Final Report [by Command] [Cm. 6406] [Mr Christopher Leslie].

10Police (Northern Ireland),—Twelfth Report of the Oversight Commissioner [by Act] [Secretary Paul Murphy].

APPENDIX II

Standing Committees

Railways Bill,—The Speaker has appointed Mr Eric Forth as an additional Chairman of Standing Committee A in respect of the Bill.

APPENDIX III

Reports from Select Committees

1Constitutional Affairs,—Minutes of Evidence taken before the Constitutional Affairs Committee [Family Justice: The operation of the family courts]; to be printed [No. 116-ii] [Mr A. J. Beith].

2Culture, Media and Sport,—Minutes of Evidence taken before the Culture, Media and Sport Committee [Public Libraries]; to be printed [No. 81-ii] [Sir Gerald Kaufman].

3Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Sub-Committee on The Future for UK Fishing of the Environment, Food and Rural Affairs Committee [The Future for UK Fishing]; to be printed [No. 122-iii] [Mr Michael Jack].

4Environmental Audit,—Minutes of Evidence taken before the Environmental Education Sub-Committee of the Environmental Audit Committee [Environmental Education: Follow-up to the Learning the Sustainability Lesson Inquiry]; to be printed [No. 84-ii] [Mr Peter Ainsworth].

5Foreign Affairs,—Minutes of Evidence taken before the Foreign Affairs Committee [Foreign Policy Aspects of the War against Terrorism]; to be printed [No. 36-ii] [Mr Donald Anderson].

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6Home Affairs,—(1) Minutes of Evidence taken before the Home Affairs Committee [Terrorism and Community Relations]; to be printed [No. 165-i]; and

(2) Memoranda laid before the Committee [Terrorism and Community Relations]; to be printed [No. 165-II]

[Mr John Denham].

7International Development,—(1) First Special Report from the International Development Committee [Government Response to the Sixth Report from the Committee, Session 2003–04, on Migration and Development: How to make migration work for poverty reduction]; to be printed [No. 163]; and

(2) Part of the Minutes of Evidence taken before the Committee [Darfur, Sudan: Crisis, Response and Lessons]; to be printed [No. 67-ii]

[Tony Baldry].

8Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—(1) First Report from the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee [The Draft Regional Assemblies Bill], with Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 62-I];

(2) Second Report from the Committee [The Work of the Committee in 2004], with Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 149]; and

(3) Minutes of Evidence taken before the Committee [Homelessness]; to be printed [No. 61-iii]

[Andrew Bennett].

9Public Accounts,—(1) Second Report from the Committee of Public Accounts [Tackling cancer in England: saving more lives]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 166]; and

(2) Minutes of Evidence taken before the Committee [Department of Health—Reforming NHS Dentistry: Ensuring effective management of risks]; to be printed [No. 167-i]

[Mr Edward Leigh].

10Public Administration,—Minutes of Evidence taken before the Select Committee on Public Administration [Government by Inquiry?]; to be printed [No. 51-ii] [Tony Wright].

11Regulatory Reform,—Third Report from the Regulatory Reform Committee [Proposal for the Regulatory Reform (Prison Officers) (Industrial Action) Order 2004]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 148] [Mr Peter Pike].

12Statutory Instruments,—Third Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 66-iii] [Mr David Tredinnick].

13Trade and Industry,—Minutes of Evidence taken before the Trade and Industry Committee [The Competitiveness of the UK Aerospace Industry; Crown Post Offices]; to be printed [Nos. 151-i and 91-ii] [Mr Martin O'Neill].

14Treasury,—Minutes of Evidence taken before the Treasury Committee [The 2004 Pre-Budget Report]; to be printed [No. 138-ii] [Mr John McFall].


[No. 13; WH, No. 5]

Tuesday 14th December 2004.

The House sitting in Westminster Hall

The sitting began 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 4.32 p.m.


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[No. 14.]

Wednesday 15th December 2004.

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

PRAYERS.

1Queen's Speech (Answer to Address),—The Vice-Chamberlain of the Household reported to the House, That Her Majesty, having been attended with its Address of 1st December, was pleased to receive the same very graciously and give the following Answer:

I have received with great satisfaction the dutiful and loyal expression of your thanks for the speech with which I opened the present Session of Parliament.

2Income Tax,—The Vice-Chamberlain of the Household reported to the House, That its Address of 8th December had been presented to Her Majesty; and that Her Majesty had been pleased to receive the same very graciously and to give the following Answer:

I have received your Address praying that the Double Taxation Relief (Taxes on Income) (Georgia) Order 2004 be made in the form of the draft laid before your House on 17th November, in the last Session of Parliament.

I will comply with your request.

3Third Standing Committee on Delegated Legislation,—Mr Nigel Beard reported from the Third Standing Committee on Delegated Legislation the Government's Assessment as set out in the Pre-Budget Report for the purposes of section 5 of the European Communities (Amendment) Act 1993.

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

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

That the Committee takes note of European Union Document No. 11491/04, Commission Communication on accomplishing a sustainable agricultural model for Europe through the reformed Common Agricultural Policy—sugar sector reform; and supports the Government's objective of achieving a more sustainable, market-based approach, in line with the reforms already agreed in June 2003 and April 2004 in other sectors, and consistent with the EU's wider trade and development objectives.

Resolution to lie upon the Table.

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

5Criminal Defence Service Bill,—Mr David Lammy, supported by the Prime Minister, Mr Secretary Prescott, Mr Chancellor of the Exchequer, Mr Secretary Blunkett, Mr Peter Hain and Mr Christopher Leslie, presented a Bill to make provision about representation funded as part of the Criminal Defence Service: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 14].

Ordered, That the Explanatory Notes relating to the Criminal Defence Service Bill be printed [Bill 14–EN].

6Transport (Wales) Bill,—Mr Peter Hain, supported by the Prime Minister, Mr Secretary Prescott, Mr Chancellor of the Exchequer, Mr Secretary Blunkett, Mr Secretary Darling, Mr Secretary Murphy, Ms Secretary Hewitt, Mr Paul Boateng, Ruth Kelly, Mr David Lammy and Mr Don Touhig, presented a Bill to make provision about transport to, from and within Wales: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 15].

Ordered, That the Explanatory Notes relating to the Transport (Wales) Bill be printed [Bill 15–EN].

7Adjournment (European affairs),—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr Jim Murphy);

The Motion was, with leave of the House, withdrawn.

8Public Petitions,—Public Petitions from—

(1) constituents of Rochdale and others for consideration of the implications of the proposed cancellation of the Manchester Metrolink extension;

(2) parents, pupils, teachers and governors of Draycott Manor School, Staffordshire, against proposals to close the School;

(3) parents, pupils, teachers and governors of St Mildred's School, Whiston, Staffordshire, against proposals to close the School; and

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(4) parents, pupils, teachers and governors of St John's School, Alton, Staffordshire, against proposals to close the School

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

9Adjournment,—Resolved, That this House do now adjourn.—(Paul Clark.)

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

[Adjourned at 6.59 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1Contracting Out,—Draft Local Authorities (Contracting Out of BID Levy Billing, Collection and Enforcement Functions) Order 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

Papers subject to Negative Resolution:

2Health Care and Associated Professions,—Health Professions Council (Election Scheme) Rules Order of Council 2004 (S.I., 2004, No. 3318), dated 17th November 2004 [by Statutory Instrument], with an Explanatory Memorandum [by Command] [Mr Christopher Leslie].

Other Papers:

3Defence,—Ministry of Defence Minute, dated 15th December 2004, concerning the gifting of military equipment to the Iraqi Interim Government [by Command] [Mr Secretary Hoon].

4Immigration,—Immigration (Designation of Travel Bans) (Amendment) Order 2004 (S.I., 2004, No. 3316), dated 13th December 2004 [by Act] [Mr Secretary Blunkett].

5Northern Ireland,—(1) Report and Accounts of the General Consumer Council for Northern Ireland for 2003–04, with the Report of the Comptroller and Auditor General for Northern Ireland;

(2) Report and Accounts of the Labour Relations Agency for Northern Ireland for 2003–04, with the Report of the Comptroller and Auditor General for Northern Ireland; and

(3) Report of Proceedings of the Agricultural Wages Board for Northern Ireland for the two years ending 31st December 2003

[by Statutory Instrument]; to be printed [Nos. 27, 14 and 92] [Mr Secretary Murphy].

6Public Accounts,—Treasury Minutes on the Thirty-fifth and Fortieth to Forty-third Reports from the Committee of Public Accounts, Session 2003–04 [by Command] [Cm. 6416] [Mr Stephen Timms].

APPENDIX II

Standing Committees

1Serious Organised Crime and Police Bill:

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

(2) the Committee of Selection has nominated twenty Members to serve on the Committee: Mr Adrian Bailey, Vera Baird, Ms Hazel Blears, Mr Russell Brown, David Cairns, Mr Alan Campbell, Mr James Clappison, Mr Geoffrey Clifton-Brown, Mr Jonathan Djanogly, Paul Farrelly, Caroline Flint, Mr Dominic Grieve, Dr Evan Harris, Mr David Heath, Mr John Heppell, John Mann, Mr Andrew Mitchell, Ms Dari Taylor, Claire Ward and Brian White.

2Commissioners for Revenue and Customs Bill,—The Committee of Selection has nominated sixteen Members to serve on Standing Committee E in respect of the Bill: Mrs Irene Adams, Mr Adrian Bailey, Mr Roger Berry, Mr John Burnett, Mrs Helen Clark, Mr Michael Fallon, Jim Fitzpatrick, John Healey, Mr David Heathcoat-Amory, Mr Ivan Henderson, Mr David Laws, Linda Perham, Dawn Primarolo, Mr David Ruffley, Mr Andrew Tyrie and Mrs Betty Williams.

3Commissioners for Revenue and Customs Bill (Programming Sub-Committee),—The Speaker has appointed Mr Adrian Bailey, Jim Fitzpatrick, Mr Ivan Henderson, Mr David Laws, Dawn Primarolo, Mr David Ruffley and Mr Andrew Tyrie members of the Programming Sub-Committee of Standing Committee E in respect of the Bill.

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4Excise Duties (Surcharges or Rebates) (Hydrocarbon Oils etc.) (Amendment) Order 2004 (S.I., 2004, No. 3160):

(1) The Speaker has allocated the Order to the First Standing Committee on Delegated Legislation; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Tony Baldry, Mrs Helen Clark, Mr David Crausby, Clive Efford, Jim Fitzpatrick, Mr Mark Francois, Jane Griffiths, John Healey, Dr Brian Iddon, Mr David Laws, Rob Marris, Mr Geoffrey Robinson, Mr David Ruffley, Ian Stewart, Mr Andrew Stunell and Sir Teddy Taylor.

5Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2004 (S.I., 2004, No. 3009):

(1) The Speaker has allocated the Order to the Second Standing Committee on Delegated Legislation; and

(2) the Committee of Selection has nominated twenty-one Members to serve on the Committee: Mr Alistair Carmichael, Mr Vernon Coaker, Mr Robin Cook, Mr Jim Cousins, Ross Cranston, Barbara Follett, Mr Tom Harris, Lady Hermon, Mr David Kidney, Mr David Lidington, Mr Peter Luff, Mr Eddie McGrady, Mr Andrew Mackay, Lembit O­pik, Mr Ian Pearson, Mr James Plaskitt, Mr Andrew Robathan, Mr Peter Robinson, Phil Sawford, Mr Bill Tynan and Joan Walley.

6Government's Assessment as set out in the Pre-Budget Report for the purposes of section 5 of the European Communities (Amendment) Act 1993,—The Committee of Selection has discharged Norman Baker, Mr Stephen Byers and Clive Efford from the Third Standing Committee on Delegated Legislation (nominated in respect of the Assessment) and nominated in substitution Norman Lamb, Mr Tony McWalter and Diana Organ.

APPENDIX III

Reports from Select Committees

1Defence,—Minutes of Evidence taken before the Defence Committee [Duty of Care]; to be printed [No. 63-iii] [Bruce George].

2Defence, Foreign Affairs, International Development and Trade and Industry,—Part of Minutes of Evidence taken before the Defence, Foreign Affairs, International Development and Trade and Industry Committees [Strategic Export Controls]; to be printed [No. 145-i] [Mr Roger Berry].

3Draft Mental Health Bill,—(1) Minutes of Evidence taken before the Joint Committee on the Draft Mental Health Bill; to be printed [No. 95-v]; and

(2) Memoranda laid before the Committee; to be printed [No. 95-vi]

[Mr David Hinchliffe].

4Education and Skills,—First Report from the Education and Skills Committee [Public Expenditure on Education and Skills]; to be printed [No. 168] [Mr Barry Sheerman].

5Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Environment, Food and Rural Affairs Committee [Waste Policy and the Landfill Directive]; to be printed [No. 102-ii] [Mr Michael Jack].

6Environmental Audit,—Minutes of Evidence taken before the Environmental Audit Committee [The International Challenge of Climate Change: UK leadership in the G8 and EU]; to be printed [No. 105-iii] [Mr Peter Ainsworth].

7Modernisation of the House of Commons,—First Report from the Select Committee on Modernisation of the House of Commons [Sitting Hours], together with Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 88] [Mr Peter Hain].

8Northern Ireland Affairs,—(1) Second Report from the Northern Ireland Affairs Committee [The Parades Commission and Public Processions (Northern Ireland) Act 1998], together with Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 172] [Mr Michael Mates];

(2) Third Report from the Committee [Northern Ireland Departments' 2002–03 Resource Accounts], together with Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 173] [Mr Michael Mates]; and

(3) Minutes of Evidence taken before the Sub-Committee of the Committee [Air Transport Services in Northern Ireland]; to be printed [No. 53-iv] [Mr Tony Clarke].

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9Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [Inland Revenue: Inheritance Tax]; to be printed [No. 174-i] [Mr Alan Williams].

10Science and Technology,—Minutes of Evidence taken before the Science and Technology Committee [Forensic Science]; to be printed [No. 96-i] [Dr Ian Gibson].

11Transport,—Minutes of Evidence taken before the Transport Committee [Rural Rail]; to be printed [No. 169-i] [Mrs Gwyneth Dunwoody].

12Welsh Affairs,—Minutes of Evidence taken before the Welsh Affairs Committee [Police Services, Crime and Anti-Social Behaviour in Wales]; to be printed [No. 46-iii] [Mr Martyn Jones].


[No. 14; WH, No. 6]

Wednesday 15th December 2004.

The House sitting in Westminster Hall

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

Adjournment,—Resolved, That the sitting be now adjourned.—(Mr Nick Ainger.)

And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 4.21 p.m.


[No. 15.]

Thursday 16th December 2004.

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

PRAYERS.

1Fourth Standing Committee on Delegated Legislation,—Mr Jonathan Sayeed reported from the Fourth Standing Committee on Delegated Legislation the draft Information and Consultation of Employees Regulations 2004.

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

2Disorderly Conduct,—Annabelle Ewing, Member for Perth, having used a grossly disorderly expression, was ordered by the Deputy Speaker to withdraw the same, but she declined to comply with that direction.

Whereupon, the Deputy Speaker, pursuant to Standing Order No. 43 (Disorderly Conduct), ordered her to withdraw immediately for the remainder of this day's sitting:—And she withdrew accordingly.

3Consumer Credit Bill,—Ms Secretary Hewitt, supported by the Prime Minister, Mr Secretary Prescott, Mr Chancellor of the Exchequer, Mr Secretary Johnson, Mr Secretary Darling, Mr Secretary Murphy, Mr Peter Hain, Mr Gerry Sutcliffe and Mr Christopher Leslie, presented a Bill to amend the Consumer Credit Act 1974; to extend the ombudsman scheme under the Financial Services and Markets Act 2000 to cover licensees under the Consumer Credit Act 1974; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Monday 20th December and to be printed [Bill 16].

Ordered, That the Explanatory Notes relating to the Consumer Credit Bill be printed [Bill 16–EN].

4Drugs Bill,—The Prime Minister, supported by Mr Secretary Prescott, Mr Chancellor of the Exchequer, Mr Secretary Darling, Mr Secretary Reid, Mr Secretary Murphy, Mr Secretary Clarke, Mr Peter Hain and Caroline Flint, presented a Bill to make provision in connection with controlled drugs and for the making of orders to supplement anti-social behaviour orders in cases where behaviour is affected by drug misuse or other prescribed factors: And the same was read the first time; and ordered to be read a second time on Monday 20th December and to be printed [Bill 17].

Ordered, That the Explanatory Notes relating to the Drugs Bill be printed [Bill 17–EN].

5Section 5 of the European Communities (Amendment) Act 1993,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation) and Order [30th November], That this House takes note with approval of the Government's Assessment as set out in the Pre-Budget Report 2004 for the purposes of section 5 of the European Communities (Amendment) Act 1993—(Mr John Heppell);

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The House divided.

Tellers for the Ayes, Mr John Heppell, Joan Ryan: 233.

Tellers for the Noes, Andrew Selous, Mr Geoffrey Clifton-Brown: 123.

So the Question was agreed to.

Resolved, That this House takes note with approval of the Government's assessment as set out in the Pre-Budget Report 2004 for the purposes of section 5 of the European Communities (Amendment) Act 1993.

6School Transport Bill,—The House according to Order, proceeded to consider the School Transport Bill.

Amendment (No. 6) proposed to the Bill, in page 1, line 15, at the end, to insert the words ‘either by itself or in conjunction with another local authority.'.—(Dr John Pugh.)

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

Another Amendment (No. 8) proposed to the Bill, in page 2, line 3, at the end, to insert the words ‘or,

(d) at independent schools or academies where such provision can be made at no net cost to the authority,'.—(Dr John Pugh.)

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

Another Amendment (No. 12) proposed to the Bill, in page 2, line 12, at the end, to insert the words—

‘2A (1) Scheme authorities shall, prior to the submission of a proposed school travel scheme to the appropriate national authority, undertake a consultation process in accordance with regulations made by—

(a) in England, the Secretary of State, and

(b) in Wales, the Assembly for Wales.

(2) Regulations under subparagraphs (1)(a) or (b) may, in particular, include a list of statutory consultees to be asked for comments on the proposed scheme and provide for the nature of the consultation process.

(3) Power to make regulations under subparagraph (1) is exercisable by statutory instrument.

(4) Regulations under subparagraph (1)(a) shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.—(Mr Mark Hoban.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Andrew Selous, Mr Geoffrey Clifton-Brown: 131.

Tellers for the Noes, Mr John Heppell, Mr Nick Ainger: 229.

Another Amendment (No. 9) proposed to the Bill, in page 2, line 28, at the end, to insert the words—

‘(2A) A school travel scheme may not—

(a) reduce the current entitlement of the parent of any child who attends primary school and who lives more than two miles from that school,

(b) reduce the current entitlement of the parent of any child who attends secondary school and who lives more than three miles from that school, or

(c) remove an existing entitlement to free transport of the parent of any child in special education.'.—(Mr Phil Willis.)

Question proposed, That the Amendment be made.

And it being Five o'clock, the Deputy Speaker put the Question, pursuant to Order [28th October, in the last Session of Parliament].

The House divided.

Tellers for the Ayes, Mr Andrew Stunell, Sir Robert Smith: 147.

Tellers for the Noes, Paul Clark, Mr Nick Ainger: 233.

The Deputy Speaker then put the Question on an Amendment selected for separate decision.

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Another Amendment (No. 1) proposed to the Bill, in page 2, to leave out lines 32 to 39.—(Mr Mark Hoban.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Mr Peter Atkinson, Andrew Selous: 139.

Tellers for the Noes, Paul Clark, Mr Nick Ainger: 230.

The Deputy Speaker then put the Question on the Amendments moved by a Minister of the Crown.

Amendments (Nos. 19 to 24, 5, 25 and 26) made to the Bill.

7Royal Assent,—The Deputy Speaker notified the House, in accordance with the Royal Assent Act 1967, That Her Majesty had signified her Royal Assent to the following Act, agreed upon by both Houses:

Consolidated Fund (No. 2) Act 2004.

8School Transport Bill,—A Motion was made, and the Question being put, That the Bill be now read the third time;

The House divided.

Tellers for the Ayes, Mr Nick Ainger, Paul Clark: 229.

Tellers for the Noes, Mr David Wilshire, Mr Geoffrey Clifton-Brown: 135.

So the Question was agreed to.

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

9Public Petitions,—A Public Petition from the Reverend David Skinner, Harriet Townsend and the congregations of churches in East Reading against the forced return to Kosovo of young people suffering from post-traumatic stress disorder was presented and read; and ordered to lie upon the Table and to be printed.

10Adjournment,—Resolved, That this House do now adjourn.—(Paul Clark.)

And accordingly, the House, having continued to sit till thirteen minutes past Six o'clock, adjourned till Monday 20th December.

[Adjourned at 6.13 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1Employment and Training,—(1) Draft Industrial Training Levy (Construction Board) Order 2005; and

(2) draft Industrial Training Levy (Engineering Construction Board) Order 2005

[by Act], with Explanatory Memoranda thereon [by Command] [Secretary Ruth Kelly].

2Investigatory Powers,—(1) Draft Regulation of Investigatory Powers (Communications Data) (Amendment) Order 2005; and

(2) draft Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2005

[by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Clarke].

3Value Added Tax,—Value Added Tax (Food) Order 2004 (S.I., 2004, No. 3343), dated 16th December 2004 [by Act], with an Explanatory Memorandum [by Command] [Dawn Primarolo].

Papers subject to Negative Resolution:

4Education,—Education (Company Directors Disqualification Act 1986: Amendments to Disqualification Provisions) (England) Regulations 2004 (S.I., 2004, No. 3264), dated 9th December 2004 [by Act], with an Explanatory Memorandum [by Command] [Secretary Ruth Kelly].

5Proceeds of Crime,—Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment No. 2) Order 2004 (S.I., 2004, No. 3339), dated 14th December 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

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6Road Traffic,—Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (District of North Hertfordshire) Order 2004 (S.I., 2004, No. 3246), dated 8th December 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

Other Papers:

7Broadcasting,—Statement of Principles and Administrative Arrangements for Qualifying Revenue and Multiplex Revenue by the Office of Communications (Fifth Edition) [by Act] [Secretary Tessa Jowell].

8Criminal Defence Service,—Paper, entitled Criminal Defence Service Bill Framework Document [by Command] [Cm. 6439] [Mr David Lammy].

9Disability Discrimination,—Paper, entitled Disability Discrimination Bill: Consultation on private clubs; premises; the definition of disability and the questions procedure [by Command] [Cm. 6402] [Mr Secretary Johnson].

10Export of Works of Art,—Report of the Reviewing Committee on Export of Works of Art for 2003–04 [by Command] [Cm. 6404] [Secretary Tessa Jowell].

11Government Resources and Accounts,—(1) Report and Accounts of the Commissioners of Her Majesty's Customs and Excise for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 119] [Dawn Primarolo]; and

(2) Resource Accounts of the Judicial Pensions Scheme for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 152] [Mr Stephen Timms].

12Health,—Government Response to the Third Report from the Health Committee, Session 2003–04, on Obesity [by Command] [Cm. 6438] [Mr Secretary Reid].

13Health and Social Care,—Report and Accounts of Monitor: the Independent Regulator of Foundation Trusts for the period 5th January 2004 to 31st March 2004, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 104] [Mr Secretary Reid].

14Health Service Commissioner,—First Report of the Health Service Ombudsman for England for 2004–05, on NHS funding for long term care: follow up report [by Act]; to be printed [No. 144] [Mr Secretary Reid].

15Metropolitan Police,—Account of the Metropolitan Police Fund: Inner London Magistrates' Courts Service and Inner London Probation Service for 2000–01, with the Report of the Comptroller and Auditor General thereon [by Command] [Cm. 6432] [Mr Secretary Clarke].

16National Health Service,—Accounts of the NHS Professionals Special Health Authority for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 142] [Mr Secretary Reid].

17Northern Ireland,—Reports and Financial Statements of—

(1) Enterprise Ulster for 2003–04; and

(2) the Loughs Agency for 2000,

with the Reports of the Comptroller and Auditor General for Northern Ireland thereon [by Statutory Instrument]; to be printed [Nos. 35 and 140] [Mr Secretary Murphy].

18Public Petitions,—Observations by the Secretary of State for Transport on the Petition [30th November] from residents of Gidea Park, Romford, against the extension of existing railway sidings to accommodate Crossrail [by Standing Order] [Clerk of the House].

19Registration Service,—Birth Statistics: Review of the Registrar General on births and patterns of family building in England and Wales for 2003 [by Act] [Mr Stephen Timms].

APPENDIX II

Standing Committees

1Serious Organised Crime and Police Bill (Programming Sub-Committee),—The Speaker has appointed David Cairns, Mr Geoffrey Clifton-Brown, Mr Jonathan Djanogly, Caroline Flint, Mr David Heath, Mr John Heppell and Ms Dari Taylor members of the Programming Sub-Committee of Standing Committee D in respect of the Bill.

2Serious Organised Crime and Police Bill,—The Speaker has appointed Dame Marion Roe and Mr Bill O'Brien Chairmen of Standing Committee D in respect of the Bill.

Page 65      Thursday 16th December 2004       2004-2005      Volume 261      Back to top

3Excise Duties (Surcharges or Rebates) (Hydrocarbons Oils etc.) (Amendment) Order 2004 (S.I., 2004, No. 3160),—The Speaker has appointed Mr Nigel Beard Chairman of the First Standing Committee on Delegated Legislation in respect of the Order.

4Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2004 (S.I., 2004, No. 3009),—The Speaker has appointed Mr Martin Caton Chairman of the Second Standing Committee on Delegated Legislation in respect of the Order.

5Draft Information and Consultation of Employees Regulations 2004,—The Committee of Selection has discharged Diana Organ, Mr Greg Pope and Mr Malcolm Savidge from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations) and nominated in substitution Paul Farrelly, Rob Marris and Mr Sio¤n Simon.

European Standing Committees

6The Speaker has appointed Mr Jonathan Sayeed Chairman of European Standing Committee A in respect of European Union Document No. 12200/04 on Humane Trapping Standards.

7The Speaker has appointed Mr David Chidgey Chairman of European Standing Committee C in respect of European Union Document No. 9675/04 and Addenda 1 and 2 on eEurope 2005 Action Plan.

APPENDIX III

Reports from Select Committees

1Health,—Minutes of Evidence taken before the Health Committee [The Influence of the Pharmaceutical Industry]; to be printed [No. 42-iii] [Mr David Hinchliffe].

2Treasury,—Minutes of Evidence taken before the Treasury Committee [The 2004 Pre-Budget Report]; to be printed [No. 138-iii] [Mr John McFall].


[No. 15; WH, No. 7]

Thursday 16th December 2004.

The House sitting in Westminster Hall

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

Adjournment (Twenty-sixth Annual Report from the House of Commons Commission, Session 2003–04),—Resolved, That the sitting be now adjourned.—(Mr Peter Hain.)

And accordingly the sitting was adjourned till Tuesday 11th January, pursuant to Order [2nd December].

[Adjourned at 5.56 p.m.



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