Session 2004-2005

Commons Journal 261

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Page 66            2004-2005      Volume 261      

[No. 16.]

Monday 20th December 2004.

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

PRAYERS.

1Private Bill Petitions,—The Speaker laid upon the Table a Report from the Examiners of Petitions for Private Bills, That, in the case of the Petitions for the following Bills, the Standing Orders have been complied with:

Liverpool City Council (Prohibition of Smoking in Places of Work)

London Local Authorities

London Local Authorities and Transport for London

London Local Authorities (Prohibition of Smoking in Places of Work)

Whitstable Oyster Fishery Company.

2Private Bill Petitions (Standing Orders not complied with),—The Speaker laid upon the Table a Report from one of the Examiners of Petitions for Private Bills, That, in the case of the Petition for the HBOS Group Reorganisation Bill, Standing Orders 4, 4A and 11 have not been complied with.

Report referred to the Standing Orders Committee.

3Private Bills,—The Chairman of Ways and Means reported, That, in accordance with Standing Order 81 relating to Private Business (Division of bills between this House and the House of Lords), he had conferred with the Chairman of Committees of the House of Lords, for the purpose of determining in which House of Parliament the respective Private Bills should be first considered, and they had determined that the Bills contained in the following list should originate in the House of Lords:

Liverpool City Council (Prohibition of Smoking in Places of Work)

London Local Authorities

London Local Authorities (Prohibition of Smoking in Places of Work)

and that the Bills contained in the following list should originate in the House of Commons:

HBOS Group Reorganisation (subject to the decisions of the Standing Orders Committees)

London Local Authorities and Transport for London

Whitstable Oyster Fishery Company.

4First Standing Committee on Delegated Legislation,—Mr Nigel Beard reported from the First Standing Committee on Delegated Legislation the Excise Duties (Surcharges or Rebates) (Hydrocarbon Oils etc.) (Amendment) Order 2004 (S.I., 2004, No. 3160).

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

5Sir Michael John Austin Cummins,—Resolved, nemine contradicente, That this House expresses its gratitude to Sir Michael John Austin Cummins, on his retirement from the office of Serjeant at Arms, for his 23 years in the service of this House, including five years as Serjeant at Arms, which was preceded by 24 years of distinguished military service, and for his unfailing courtesy, good humour and helpfulness to individual honourable Members; and extends to him its best wishes for his retirement.—(Mr Peter Hain.)

6Identity Cards Bill,—The Order of the day being read, for the Second Reading of the Identity Cards Bill;

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

An Amendment was proposed to the Question, to leave out from the word ‘That' to the end of the Question and add the words ‘this House declines to give a Second Reading to the Identity Cards Bill because it would lead to an unreasonable intrusion into the liberties and privacy of the citizen; it would not achieve benefits proportionate to the cost, as the underlying technology is likely to prove unreliable; and the introduction of such cards is likely to lead to a requirement that they be carried at all times and such a requirement would be objectionable in principle and would lead to serious tension between the police and the citizen', instead thereof.—(Mr Douglas Hogg.)

And the Question being put, That the Amendment be made;

The House divided.

Tellers for the Ayes, Andrew Bennett, Mr Douglas Hogg: 93.

Tellers for the Noes, James Purnell, Mr Nick Ainger: 306.

So the Question was negatived.

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And the Main Question being put forthwith, pursuant to Standing Order No. 62 (Amendment on second or third reading);

The House divided.

Tellers for the Ayes, James Purnell, Mr Nick Ainger: 385.

Tellers for the Noes, Bob Russell, Richard Younger-Ross: 93.

So the Question was agreed to.

The Bill was accordingly read a second time.

7Identity Cards Bill (Programme),—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 83A (Programme motions), That the following provisions shall apply to the Identity Cards Bill:

Committal

1. The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 27th January 2005.

3. The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

Programming Committee

6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Programming of proceedings

7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed—(Paul Clark);

The House divided.

Tellers for the Ayes, James Purnell, Mr Nick Ainger: 300.

Tellers for the Noes, Mr Roger Williams, Mr Geoffrey Clifton-Brown: 163.

So the Question was agreed to.

8Identity Cards Bill [Money],—Her Majesty's Recommendation having been signified to the proposed Motion relating to Identity Cards Bill [Money];

A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Identity Cards Bill, it is expedient to authorise the payment out of money provided by Parliament of—

(a) such allowances to be paid to the National Identity Scheme Commissioner as the Treasury may determine;

(b) any sums authorised or required to be paid by the Secretary of State for or in connection with the carrying out of his functions under that Act; and

(c) any increase attributable to that Act in the sums which are payable out of money so provided under any other Act—(Paul Clark);

The House divided.

Tellers for the Ayes, Gillian Merron, Mr John Heppell: 276.

Tellers for the Noes, Richard Younger-Ross, Bob Russell: 64.

So the Question was agreed to.

9Identity Cards Bill [Ways and Means],—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Identity Cards Bill, it is expedient to authorise—

(a) the charging of fees in respect of functions carried out under that Act;

(b) the charging of fees in respect of consular functions within the meaning of section 1 of the Consular Fees Act 1980; and

(c) the payment of sums into the Consolidated Fund—(Paul Clark):—It was agreed to.

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10Business of the House,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 15 (Exempted business), That, at this day's sitting, the Second Reading of the Income Tax (Trading and Other Income) Bill may be proceeded with, though opposed, until any hour—(Paul Clark):—It was agreed to.

11Income Tax (Trading and Other Income) Bill,—The Order of the day being read, for the Second Reading of the Income Tax (Trading and Other Income) Bill;

And a Motion being made, and the Question being put forthwith, pursuant to Standing Order No. 90 (Second reading committees), That the Bill be now read a second time:—It was agreed to.

The Bill was accordingly read a second time and stood committed to the Joint Committee on Tax Law Rewrite Bills, pursuant to Standing Order No. 60 (Tax law rewrite bills).

12Income Tax (Trading and Other Income) Bill [Ways and Means],—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Income Tax (Trading and Other Income) Bill, it is expedient to authorise any incidental or consequential charges to tax which may arise from provisions restating, with minor changes, certain enactments relating to income tax on trading income, property income, savings and investment income and certain other income—(Paul Clark):—It was agreed to.

13Terms and Conditions of Employment,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Information and Consultation of Employees Regulations 2004, which were laid before this House on 8th December, be approved—(Paul Clark):—It was agreed to.

14Common Agricultural Policy: Reform of the Sugar Sector,—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. 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—(Paul Clark):—It was agreed to.

15Tax Law Rewrite Bills,—Ordered, That Dawn Primarolo be discharged from the Joint Committee on Tax Law Rewrite Bills and John Healey be added.—(Mr John McWilliam, on behalf of the Committee of Selection.)

16Public Petitions,—A Public Petition from June Tagg and the organisation ‘Carers Unite' for legislation to increase the invalid care allowance and for the carer's premium to be payable to all carers was presented and read; and ordered to lie upon the Table and to be printed.

17Adjournment,—Resolved, That this House do now adjourn.—(Paul Clark.)

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

[Adjourned at 11.21 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers delivered to the Votes and Proceedings Office on Friday 17th December 2004 pursuant to Standing Order No. 159 (Presentation of statutory instruments):

Papers subject to Negative Resolution:

1Financial Services and Markets,—(1) Financial Services and Markets Act 2000 (Transitional Provisions) (General Insurance Intermediaries) Order 2004 (S.I., 2004, No. 3351); and

(2) Financial Services and Markets Act 2000 (Designated Professional Bodies) (Amendment) Order 2004 (S.I., 2004, No. 3352),

dated 16th December 2004, with Explanatory Memoranda thereon [Mr Stephen Timms].

2Income Tax,—Loan Relationships and Derivative Contracts (Change of Accounting Practice) (Amendment) Regulations 2004 (S.I., 2004, No. 3347), dated 16th December 2004, with an Explanatory Memorandum [Dawn Primarolo].

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Papers presented or laid upon the Table on Monday 20th December 2004:

Papers subject to Affirmative Resolution:

3Political Parties,—Draft Political Parties, Elections and Referendums Act 2000 (Disapplication of Part IV for Northern Ireland Parties, etc) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy].

Papers subject to Negative Resolution:

4Competition,—Enterprise Act 2002 (Bodies Designated to make Super-complaints) (Amendment) Order 2004 (S.I., 2004, No. 3366), dated 16th December 2004 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].

5Immigration,—Statement of Changes in Immigration Rules [by Act]; to be printed [No. 164] [Mr Secretary Clarke].

6Plant Health,—Plant Health (Phytophthora kernovii Management Zone) (England) Order 2004 (S.I., 2004, No. 3367), dated 20th December 2004 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett].

Other Papers:

7Broadcasting,—Accounts of the—

(1) Independent Television Commission Additional Payments and Financial Penalties by Licensees; and

(2) Radio Authority Additional Payments by Radio Programme Licensees

for 2003–04, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 186 and 185] [Clerk of the House].

8Communications,—Account of the Office of Communications Licence Fees and Penalties for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 187] [Clerk of the House].

9Culture, Media and Sport,—Department for Culture, Media and Sport: Autumn Performance Report [by Command] [Cm. 6435] [Secretary Tessa Jowell].

10Defence,—Ministry of Defence Minute, dated 20th December 2004, concerning the gifting of non-lethal military equipment to the Palestinian Authority [by Command] [Mr Secretary Hoon].

11Education and Skills,—Government's Response to the Voluntary Giving Task Force Report [by Command] [Cm. 6431] [Secretary Ruth Kelly].

12Foreign and Commonwealth Office,—Report of the Global Opportunities Fund for 2003–04 [by Command] [Cm. 6413] [Mr Secretary Straw].

13Government Resources and Accounts,—Resource Accounts of the Department of Health for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 150] [Mr Stephen Timms].

14Inland Revenue,—Inland Revenue: Autumn Performance Report 2004 [by Command] [Cm. 6437] [Dawn Primarolo].

15National Heritage,—Report and Accounts of English Heritage for 2003–04 [by Act] [Secretary Tessa Jowell].

16Police,—(1) Code of Practice on the Police National Computer [by Act]; and

(2) Report of Her Majesty's Chief Inspector of Constabulary for 2003–04 [by Act]; to be printed [No. 171]

[Mr Secretary Clarke].

17Public Petitions,—Observations by the Chancellor of the Exchequer on the Petition [29th November] from Pamela Rich for justice for Mr Akintayo Akin-Deko [by Standing Order]; to be printed [Clerk of the House].

18School Standards and Framework,—Account of Kent and Somerset Education Action Zone for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 177] [Clerk of the House].

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Papers withdrawn:

19Employment and Training,—Draft Industrial Training Levy (Engineering Construction Board) Order 2005 [laid 16th December].

APPENDIX II

Standing Committees

Excise Duties (Surcharges or Rebates) (Hydrocarbon Oils etc.) (Amendment) Order 2004 (S.I., 2004, No. 3160),—The Committee of Selection has discharged Mr Geoffrey Robinson from the First Standing Committee on Delegated Legislation (nominated in respect of the Order) and nominated in substitution Phil Sawford.

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-iii] [Ms Valerie Davey].

2Science and Technology,—Minutes of Evidence taken before the Science and Technology Committee [The future of the National Institute for Medical Research]; to be printed [No. 6-ii] [Dr Ian Gibson].

3Standards and Privileges,—Second Report from the Committee on Standards and Privileges [Conduct of Mr David Blunkett], with an Appendix; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 189] [Sir George Young].

4Trade and Industry,—(1) Third Report from the Trade and Industry Committee [Crown Post Offices], with Appendices; to be printed, with the Minutes of Proceedings relating to the Report [No. 91]; and

(2) Minutes of Evidence taken before the Committee [UK Employment Regulation]; to be printed [No. 90-ii]

[Mr Martin O'Neill].


[No. 17.]

Tuesday 21st December 2004.

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

PRAYERS.

1Inquiry into an application for Indefinite Leave to Remain,—Resolved, That an Humble Address be presented to Her Majesty, That she will be graciously pleased to give directions that there be laid before this House a Return of the Report of an inquiry into an application for Indefinite Leave to Remain.—(Mr Desmond Browne.)

2Message from the Lords,—A Message was brought from the Lords, as follows:

Constitutional Reform Bill [Lords],—The Lords have passed a Bill to make provision for modifying the office of Lord Chancellor, and to make provision relating to the functions of that office; to establish a Supreme Court of the United Kingdom, and to abolish the appellate jurisdiction of the House of Lords; to make provision about the jurisdiction of the Judicial Committee of the Privy Council and the judicial functions of the President of the Council; to make other provision about the judiciary, their appointment and discipline; and for connected purposes; to which the Lords desire the concurrence of this House.

3Constitutional Reform Bill [Lords],—The Constitutional Reform Bill [Lords] was read the first time; and ordered to be read a second time on Monday 10th January and to be printed [Bill 18].

Ordered, That the Explanatory Notes relating to the Constitutional Reform Bill [Lords] be printed [Bill 18–EN].

4Adjournment (Matters to be considered before the forthcoming adjournment),—A Motion was made, and the Question being proposed, That this House do now adjourn—(Bridget Prentice);

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

5Electoral Commission,—Ordered, That the Motion in the name of Mr Peter Hain relating to the Electoral Commission shall be treated as if it related to an instrument subject to the provisions of Standing Order No. 118 (Standing Committees on Delegated Legislation) in respect of which notice has been given that the instrument be approved.— (Mr Fraser Kemp.)

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6Northern Ireland Grand Committee,—Ordered, That—

(1) the proposal for a draft Higher Education (Northern Ireland) Order 2005 be referred to the Northern Ireland Grand Committee;

(2) the Committee shall meet at Westminster on Thursday 20th January at half-past Two o'clock; and

(3) at that sitting—

(a) the Committee shall take questions under Standing Order No. 110 (Northern Ireland Grand Committee (questions for oral answer)), and shall then consider the legislative proposal referred to it under paragraph (1) above;

(b) the Chairman shall interrupt proceedings not later than two and a half hours after the commencement of proceedings on the legislative proposal referred to the Committee; and

(c) at the conclusion of those proceedings, a motion for the adjournment of the Committee may be made by a Minister of the Crown, pursuant to paragraph (5) of Standing Order No. 116 (Northern Ireland Grand Committee (sittings)).—(Mr Fraser Kemp.)

7Public Petitions,—A Public Petition from the residents of Leighton Buzzard, Linslade and the surrounding area against Luton Airport's flight path proposals was presented and read; and ordered to lie upon the Table and to be printed.

8Adjournment,—Resolved, That this House do now adjourn.—(Mr Fraser Kemp.)

And accordingly, the House, having continued to sit till twenty-nine minutes past Seven o'clock, adjourned till Monday 10th January, pursuant to Resolution [2nd December].

[Adjourned at 7.29 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1Child Trust Funds,—Draft Child Trust Funds (Amendment) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Stephen Timms].

2Employment and Training,—Draft Industrial Training Levy (Engineering Construction Board) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Ruth Kelly].

Papers subject to Negative Resolution:

3Agriculture,—Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004 (S.I., 2004, No. 3385), dated 20th December 2004 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett].

4Child Trust Funds,—Child Trust Funds (Amendment No. 2) Regulations 2004 (S.I., 2004, No. 3382), dated 21st December 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Stephen Timms].

5Children and Young Persons,—Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment No. 2) Regulations 2004 (S.I., 2004, No. 3354), dated 14th December 2004 [by Act] [Mr Secretary Reid].

6Consumer Protection,—Biofuel (Labelling) Regulations 2004 (S.I., 2004, No. 3349), dated 14th December 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

7Criminal Law,—Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment No. 4) Order 2004 (S.I., 2004, No. 3371), dated 20th December 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

8Education,—Education (School Performance Targets) (England) (Amendment) Regulations 2004 (S.I., 2004, No. 3323), dated 14th December 2004 [by Act], with an Explanatory Memorandum [by Command] [Secretary Ruth Kelly].

9Financial Services and Markets,—Electronic Commerce Directive (Financial Services and Markets) (Amendment) Regulations 2004 (S.I., 2004, No. 3378), dated 20th December 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Stephen Timms].

10Food,—(1) Food with Added Phytosterols or Phytostanols (Labelling) (England) Regulations 2004 (S.I., 2004, No. 3344), dated 15th December 2004; and

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(2) Sweeteners in Food (Amendment) (England) Regulations 2004 (S.I., 2004, No. 3348), dated 14th December 2004

[by Act] [Mr Secretary Reid].

11Insurance,—Life Assurance Consolidation Directive (Consequential Amendments) Regulations 2004 (S.I., 2004, No. 3379), dated 21st December 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Stephen Timms].

Other Papers:

12Children,—Report for 2003 by the Secretary of State for Health on the Children Act 1989 pursuant to section 83 of that Act [by Act] [Secretary Ruth Kelly].

13Government Resources and Accounts,—Security and Intelligence Agencies Financial Statement for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 39] [Mr Stephen Timms].

14Home Affairs,—(1) Government Reply to the Report from the Joint Committee on the Draft Charities Bill, Session 2003–04 [by Command] [Cm. 6440]; and

(2) Return to an Address to Her Majesty for a Return of the Report made by Sir Alan Budd of an inquiry into an application for Indefinite Leave to Remain [pursuant to Resolution this day]; to be printed [No. 175]

[Mr Secretary Clarke].

15Kent County Council,—Report under the Kent County Council Act 2001 and the Medway Council Act 2001 by the Council Trading Standards Departments and the Kent Police [by Act] [Mr Secretary Clarke].

16National Lottery,—Accounts of the Scottish Screen National Lottery Distribution Fund for 2003–04 [by Act]; to be printed [No. 176] [Mr Secretary Darling].

17Public Processions (Northern Ireland),—Report of the Parades Commission for Northern Ireland for 2003–04 [by Act] [Mr Secretary Murphy].

18Registration Service,—Mortality Statistics: Review of the Registrar General on deaths by cause, sex and age in England and Wales for 2003 [by Act] [Mr Stephen Timms].

Papers withdrawn:

19Constitutional Law,—Draft Scotland Act 1998 (River Tweed) Order 2005 [laid 9th December 2004].

APPENDIX II

Standing Committees

Commissioners for Revenue and Customs Bill,—The Committee of Selection has discharged Mrs Irene Adams from the Standing Committee E (nominated in respect of the Bill); and nominated in substitution Kate Hoey.

APPENDIX III

Reports from Select Committees

1Foreign Affairs,—Minutes of Evidence taken before the Foreign Affairs Committee [FCO Human Rights Annual Report 2004]; to be printed [No. 109-i] [Mr Donald Anderson].

2Home Affairs,—(1) First Report from the Home Affairs Committee [Rehabilitation of Prisoners], 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. 193];

(2) Minutes of Evidence taken before the Committee [Anti-Social Behaviour]; to be printed [No. 80-iii]; and

(3) Memoranda laid before the Committee [Anti-Social Behaviour]; to be printed [No. 80-II]

[Mr John Denham].

3International Development,—Minutes of Evidence taken before the International Development Committee [Darfur, Sudan: Crisis, Response and Lessons]; to be printed [No. 67-iii]

[Tony Baldry].

4Treasury,—Minutes of Evidence taken before the Treasury Committee [Cash machine charges]; to be printed [No. 191-i] [Mr John McFall].



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