| Session 2004-2005 |
| Commons Journal 261
Chronological Index
Page 106 2004-2005 Volume 261 [No. 26.] Monday 24th January 2005. The House met at half-past Two o'clock. PRAYERS.
A Bill to provide for the establishment and functions of the Serious Organised Crime Agency; to make provision about investigations, prosecutions, offenders and witnesses in criminal proceedings and the protection of persons involved in investigations or proceedings; to provide for the implementation of certain international obligations relating to criminal matters; to amend the Proceeds of Crime Act 2002; to make further provision for combatting crime and disorder, including new provision about powers of arrest and search warrants and about parental compensation orders; to make further provision about the police and policing and persons supporting the police; to make provision about criminal records; to provide for the Private Security Industry Act 2001 to extend to Scotland; and for connected purposes. Bill, as amended in the Standing Committee, to be considered to-morrow; and to be printed [Bill 44]. Minutes of Proceedings of the Committee to lie upon the Table.
Minutes of Proceedings of the Committee to lie upon the Table.
That the Committee takes note of European Union Document No. 10678/04 and Addendum 1, a draft Directive to protect workers from the effects of optical radiation; and supports the Government's position that the proposed Directive is broadly acceptable and that the Government will work with Member States to secure a Directive that achieves adequate worker protection with minimal burdens on business. Resolution to lie upon the Table. Minutes of Proceedings of the Committee to lie upon the Table.
1. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption. 2. Those proceedings shall be taken in the order shown in the first column of the following table, and each part of those proceedings shall (so far as not previously concluded) be brought to a conclusion at the time shown in the second column.
3. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption.—(Mr Richard Caborn.)
Amendment (No. 102) proposed to the Bill, in page 4, line 2, at the end, to insert the words— ‘(2A) In this Act “casino premises” means premises in respect of which a casino premises licence has been granted under section 146(1)(a).'.—(Mr Don Foster.) Question, That the Amendment be made, put and negatived. Page 107 Monday 24th January 2005 2004-2005 Volume 261 Back to top It being two hours after the commencement of proceedings on the Motion for the Order relating to Gambling Bill (Programme) (No. 2), the Deputy Speaker, pursuant to Order [this day], put the Question on an Amendment selected for separate decision. Another Amendment (No. 116) proposed to the Bill, in page 73, line 29, at the end, to insert the words— ‘(4) Each casino premises licence shall by virtue of this subsection be subject to the mandatory conditions that the licensee— (a) shall not operate gaming tables or gaming machines of Categories A or B outside a designated gaming area prescribed in relation to the relevant casino premises under section 147; (b) shall not permit any person other than the licensee or a person employed by the licensee to perform any function within the casino to enter a designated gaming area whilst the same is being used in reliance of the casino premises licence without the production at the entrance thereto of satisfactory evidence of identity; and (c) shall maintain a condition of door supervision in respect of the designated gaming area at all times whilst the same is being used in reliance of the casino premises licence; and (5) Regulations under this section may, in particular, add or exclude gaming machines of a particular category or categories from gaming machines which are the subject of subsection (4) of this section provided that such regulations shall not permit gaming machines of Category A to be so excluded. (6) In subsection (4) “satisfactory evidence of identity” means evidence which is reasonably capable of establishing (and does in fact establish to the satisfaction of the person who obtains it) (a) the name, address and a photographic likeness of the person producing the evidence, (b) establishing that such person is over the age of 18 years on each occasion that satisfactory evidence of identity is required to be produced under this Act (including the proffering on a second or subsequent occasion of entry of a card or token issued to them by the licensee of the casino premises) for the purpose of verifying the identity of such person by reference to a photographic image. (7) For the purposes of subsection (6) a photographic image may be an image stored (a) visually or electronically upon the card or (b) upon a system maintained by the licensee of the premises for such a purpose.'.—(Mr Don Foster.) Question put, That the Amendment be made. The House divided. Tellers for the Ayes, Mr David Ruffley, Bob Russell: 148. Tellers for the Noes, Gillian Merron, Jim Fitzpatrick: 235. The Deputy Speaker then put the Question on the Amendments moved by a Minister of the Crown to be disposed of at that hour. Amendments (Nos. 2, 8, 13, 9 to 11, 21 to 27 and 40) made to the Bill. Another Amendment (No. 110) proposed to the Bill, in page 24, line 34, to leave out Clause No. 58.—(Mr John Whittingdale.) Question put, That the Amendment be made. The House divided. Tellers for the Ayes, Mr Crispin Blunt, Mr David Ruffley: 139. Tellers for the Noes, Mr John Heppell, James Purnell: 211. A Clause (NC1) (Prize gaming permit)—(Mr Richard Caborn)—brought up, read the first and second time, and added to the Bill. Another Clause (NC2) (Delegation of functions under Part 8: Scotland)— (Mr Richard Caborn)—brought up, read the first and second time, and added to the Bill. Another Clause (NC3) (Delegation of functions under Part 9: Scotland)— (Mr Richard Caborn)—brought up, read the first and second time, and added to the Bill. Another Clause (NC4) (Permits: special provision for Scotland)— (Mr Richard Caborn)—brought up, read the first and second time, and added to the Bill. Another Clause (NC5) (Operating and personal licences: appeals: enforcement)— (Mr Richard Caborn)—brought up, read the first and second time, and added to the Bill. Another Clause (NC6) (Operating licences: Rules for particular kinds of licence: betting on the National Lottery)—(Mr Richard Caborn)—brought up, read the first and second time, and added to the Bill. Another Clause (NC8) (Days on which gaming and gambling shall not take place)—(Mr Win Griffiths)—brought up, and read the first time. Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn. Page 108 Monday 24th January 2005 2004-2005 Volume 261 Back to top Another Clause (NC10) (Gaming machine permit held by on-premises alcohol licence holders)—(Mr Don Foster)—brought up, and read the first time. Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn. It being Nine o'clock, the Deputy Speaker put the Questions on Amendments selected for separate decision. Another Amendment (No. 143) proposed to the Bill, in page 77, line 2, to leave out the word ‘eight' and insert the word ‘four', instead thereof.—(Mr John Whittingdale.) Question put, That the Amendment be made. The House divided. Tellers for the Ayes, Mr David Ruffley, Mr Crispin Blunt: 131. Tellers for the Noes, Mr Nick Ainger, Paul Clark: 271. Another Amendment (No. 142) proposed to the Bill, in page 77, line 7, at the end, to insert the words— ‘“(3A) In calculating for the purpose of subsection (1) the number of casino premises licences which have effect at any time, no account shall be taken of any established casino but— (a) an established casino which meets the requirements of regulations made under section 7(5) as to the classification of large casinos shall for the purposes of section 167 be treated as if it is a large casino; (b) an established casino which meets the requirements of regulations made under section 7(5) as to the classification of small casinos shall for the purposes of section 167 be treated as if it is a small casino; and (c) an established casino which is below the minimum size for a licensed casino shall for the purposes of section 167 be treated as if it is a small casino. (3B) In this section ‘established casino' means any casino premises which are in use for the operation of a casino under the Gaming Act 1968 when this part of this Act comes into force.”.'.—(Mr Malcolm Moss.) Question put, That the Amendment be made. The House divided. Tellers for the Ayes, Mr David Ruffley, Mr Crispin Blunt: 152. Tellers for the Noes, Mr Nick Ainger, Paul Clark: 249. Another Amendment (No. 109) proposed to the Bill, in page 105, line 19, at the end, to insert the words ‘provided that regulations shall not reduce the level of stakes and prizes from those already in existence at the date of Royal Assent to this Act.'.—(Mr Don Foster.) Question put, That the Amendment be made. The House divided. Tellers for the Ayes, Mr Crispin Blunt, Mr Roger Williams: 163. Tellers for the Noes, Mr Nick Ainger, Paul Clark: 240. The Deputy Speaker then put the Question on the remaining Amendments moved by a Minister of the Crown. Other Amendments (Nos. 60, 3 to 7, 49, 87, 50, 88, 51 to 55, 12, 47, 14 to 18, 89 to 91, 19, 20, 46, 36 to 38, 61, 39, 62, 63, 41, 64, 42, 65 to 68, 43, 69, 44, 28, 92, 29, 45, 56, 57, 30, 70, 58, 59, 31 to 33, 71 to 74, 34, 75 to 85, 35 and 86) made to the Bill. A Motion being made, That the Bill be now read the third time; Secretary Tessa Jowell, by Her Majesty's Command, acquainted the House, That Her Majesty, having been informed of the purport of the Bill, gives her Consent, as far as Her Majesty's interest is concerned, That the House may do therein as it shall think fit. Secretary Tessa Jowell, by Command of the Prince of Wales, acquainted the House, That His Royal Highness, having been informed of the purport of the Bill, gives his Consent, as far as the Prince of Wales's interest is concerned, That the House may do therein as it shall think fit. And the Question being put; The House divided. Tellers for the Ayes, Mr Nick Ainger, Paul Clark: 236. Tellers for the Noes, Mr Kelvin Hopkins, Mr Harry Barnes: 38. So the Question was agreed to. The Bill was accordingly read the third time, and passed. Page 109 Monday 24th January 2005 2004-2005 Volume 261 Back to top
And accordingly, the House, having continued to sit till twenty-nine minutes to Eleven o'clock, adjourned till to-morrow. [Adjourned at 10.31 p.m. APPENDIX I Papers presented or laid upon the Table: Papers delivered to the Votes and Proceedings Office on Friday 21st January 2005 pursuant to Standing Order No. 158 (Presentation of command papers):
Papers delivered to the Votes and Proceedings Office on Friday 21st January 2005 pursuant to Standing Order No. 159 (Presentation of statutory instruments): Papers subject to Negative Resolution:
(2) Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2005 (S.I., 2005, No. 82), dated 20th January 2005, with Explanatory Memoranda thereon [Mr Stephen Timms]. Papers presented or laid upon the Table on Monday 24th January 2005: Papers subject to Affirmative Resolution:
Page 110 Monday 24th January 2005 2004-2005 Volume 261 Back to top
Papers subject to Negative Resolution:
Other Papers:
(1) Accommodation Services for the Department for Work and Pensions: Transfer of property to the private sector under the expansion of the PRIME Contract; (2) Home Office: Reducing Vehicle Crime; (3) Northern Ireland Policing Board: Best Value Performance Plan for 2004–05; and (4) UK Sport: Supporting elite athletes [by Act]; to be printed [Nos. 181, 183, 248 and 182] [Clerk of the House].
Papers withdrawn:
APPENDIX II Standing Committees
APPENDIX III Reports from Select Committees
Page 111 Monday 24th January 2005 2004-2005 Volume 261 Back to top [No. 27.] Tuesday 25th January 2005. The House met at half-past Eleven o'clock. PRAYERS.
That the draft Regulatory Reform (Joint Nature Conservation Committee) Order 2005, which was laid before this House on 24th January, should be approved. The Committee came to this Resolution without a Division. That the draft Regulatory Reform (Prison Officers) (Industrial Action) Order 2005, which was laid before this House on 11th January, should be approved. The Committee came to this Resolution without a Division. That the draft Regulatory Reform (Trading Stamps) Order 2005, which was laid before this House on 17th January, should be approved. The Committee came to this Resolution without a Division.
Minutes of Proceedings of the Committee to lie upon the Table.
Ordered, That the Explanatory Notes relating to the European Union Bill be printed [Bill 45–EN].
And the Motion being opposed, after a brief explanatory statement from the Member who made the Motion and from a Member who opposed it, the Speaker put the Question, pursuant to Standing Order No. 23 (Motions for leave to bring in bills and nomination of select committees at commencement of public business):—It was negatived.
Implementation of the Licensing Act 2003,—A Motion was made, and the Question being proposed, That this House calls for a delay in the implementation of the Licensing Act 2003 in the light of concerns expressed by doctors, senior police officers and members of the judiciary that the Act will lead to increased health and policing problems; is concerned about the increase in violent crimes since 1998, half of which are attributed to alcohol misuse; recognises that drunken revellers are turning town and city centres into Page 112 Tuesday 25th January 2005 2004-2005 Volume 261 Back to top no go areas, thus putting an increasing burden on health and police resources, and predicts that the implementation of the Act will exacerbate these problems; is further concerned about increased alcohol consumption and believes that extended opening hours will have an adverse serious effect on health of the nation; and regrets that the Government has fundamentally failed to deal with the problem of binge drinking before proceeding with the implementation of the Licensing Act 2003—(David Davis); 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 ‘considers that failure to implement the Licensing Act 2003 without delay would deny the local community increased powers of intervention and improved democratic accountability with regard to licensing, deny the police the expanded powers that are vital to their efforts to tackle alcohol related crime and would prevent licensing authorities from receiving income from licensing fees needed to recover ongoing expenditure in preparing for the new regime; believes that any delay in the implementation of the Act would undermine the prevention of crime and disorder and public nuisance, damage public safety and hinder the protection of children from harm; further believes that the Act will complement the delivery of the Alcohol Harm Reduction Strategy for England which aims to reduce excessive drinking and the harms that causes; and, furthermore, commends the proposals for Alcohol Disorder Zones and the extension of fixed penalty notices and other measures set out in “Drinking Responsibly”, the consultation paper published jointly by the Home Office, the Department for Culture, Media and Sport and the Office of the Deputy Prime Minister on 21st January 2005.', instead thereof.—(Mr Secretary Clarke.) And the Question being put, That the original words stand part of the Question; The House divided. Tellers for the Ayes, Mr Crispin Blunt, Andrew Selous: 174. Tellers for the Noes, Paul Clark, Margaret Moran: 270. 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 considers that failure to implement the Licensing Act 2003 without delay would deny the local community increased powers of intervention and improved democratic accountability with regard to licensing, deny the police the expanded powers that are vital to their efforts to tackle alcohol related crime and would prevent licensing authorities from receiving income from licensing fees needed to recover ongoing expenditure in preparing for the new regime; believes that any delay in the implementation of the Act would undermine the prevention of crime and disorder and public nuisance, damage public safety and hinder the protection of children from harm; further believes that the Act will complement the delivery of the Alcohol Harm Reduction Strategy for England which aims to reduce excessive drinking and the harms that causes; and, furthermore, commends the proposals for Alcohol Disorder Zones and the extension of fixed penalty notices and other measures set out in ‘Drinking Responsibly', the consultation paper published jointly by the Home Office, the Department for Culture, Media and Sport and the Office of the Deputy Prime Minister on 21st January 2005. Food Supplements Directive,—A Motion was made, and the Question being proposed, That this House regrets the passing of the Food Supplements Regulations (England) 2003; mandates the Government to use the UK Presidency to renegotiate the Food Supplements Directive with the European Union; and indicates a willingness to repeal the regulations if the renegotiation does not reach a satisfactory compromise to protect the interests of consumers and manufacturers in the United Kingdom—(Chris Grayling); 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 ‘congratulates the Government on successfully negotiating a final text of the Directive that works in the interests of UK consumers and industry by ensuring that products are safe, properly labelled, and can be freely traded across EU member states; notes that UK legislation gives maximum flexibility that ensures that as many products as possible can continue to be marketed after the Directive comes into effect on 1st August, and that all of the vitamins and most of the minerals currently on sale in the UK will still be available; agrees with the Government's assessment that re-opening discussion on the Directive at this point runs the risk of making its effects more restrictive and is thus against UK interests; and welcomes the Government's continued commitment to working with the industry on assessing the safety of individual food supplements, and to facilitating negotiations with the European Food Standards Agency.', instead thereof.—(Miss Melanie Johnson.) Page 113 Tuesday 25th January 2005 2004-2005 Volume 261 Back to top And the Question being proposed, That the original words stand part of the Question; Mr Patrick McLoughlin rose in his place and claimed to move, That the Question be now put. And the Question being put, That the Question be now put:—It was agreed to. And the Question being accordingly put; The House divided. Tellers for the Ayes, Andrew Selous, Mr Geoffrey Clifton-Brown: 189. Tellers for the Noes, James Purnell, Mr Jim Murphy: 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); The House divided. Tellers for the Ayes, Mr Jim Murphy, James Purnell: 279. Tellers for the Noes, Andrew Selous, Mr Geoffrey Clifton-Brown: 172. So the Question was agreed to. The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to. Resolved, That this House congratulates the Government on successfully negotiating a final text of the Directive that works in the interests of UK consumers and industry by ensuring that products are safe, properly labelled, and can be freely traded across EU member states; notes that UK legislation gives maximum flexibility that ensures that as many products as possible can continue to be marketed after the Directive comes into effect on 1st August, and that all of the vitamins and most of the minerals currently on sale in the UK will still be available; agrees with the Government's assessment that re-opening discussion on the Directive at this point runs the risk of making its effects more restrictive and is thus against UK interests; and welcomes the Government's continued commitment to working with the industry on assessing the safety of individual food supplements, and to facilitating negotiations with the European Food Standards Agency.
And accordingly, the House, having continued to sit till one minute to Eight o'clock, adjourned till to-morrow. [Adjourned at 7.59 p.m. Page 114 Tuesday 25th January 2005 2004-2005 Volume 261 Back to top APPENDIX I Papers presented or laid upon the Table: Papers subject to Affirmative Resolution:
(2) draft Education (Additional Support for Learning) (Scotland) Act 2004 (Consequential Modifications) Order 2005; and (3) draft Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Darling]. Papers subject to Negative Resolution:
Other Papers:
APPENDIX II Standing Committees
APPENDIX III Reports from Select Committees
(2) Memoranda laid before the Committee [Legal aid: asylum appeals]; to be printed [No. 276-II] [Mr A. J. Beith].
(2) Minutes of Evidence taken before the Committee [Terrorism and Community Relations]; to be printed [No. 165-iii] [Mr John Denham].
Page 115 Tuesday 25th January 2005 2004-2005 Volume 261 Back to top (2) Fifth Report from the Committee [Draft Regulatory Reform (Prison Officers) (Industrial Action) Order 2005]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 271]; (3) Sixth Report from the Committee [Draft Regulatory Reform (Trading Stamps) Order 2005], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 272]; and (4) First Special Report from the Committee [Operation of the Regulatory Reform Act 2001], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 273] [Mr Peter Pike].
(2) Minutes of Evidence taken before the Committee [Implications for Grangemouth of BP's plans for its petrochemicals business]; to be printed [No. 278-i] [Mrs Irene Adams].
(2) Second Report from the Select Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 217-ii] [Mr Brian White].
[No. 27; WH, No. 14] Tuesday 25th January 2005. The House sitting in Westminster Hall The sitting began at half-past Nine o'clock.
And accordingly the sitting was adjourned till to-morrow. [Adjourned at 3.57 p.m. [No. 28.] Wednesday 26th January 2005. The House met at half-past Eleven o'clock PRAYERS.
That, in the case of the HBOS Group Reorganisation Bill, the Standing Orders ought to be dispensed with: That the parties be permitted to proceed with their Bill. The Resolution was agreed to.
Minutes of Proceedings of the Committee to lie upon the Table.
Page 116 Wednesday 26th January 2005 2004-2005 Volume 261 Back to top
Standing Order No. 9 (Sittings of the House) Line 1, at beginning insert ‘Subject to the provisions of Standing Order No. 1B (Election of Speaker by secret ballot),'. Line 1, leave out from ‘Mondays' to ‘o'clock' in line 3 and insert ‘at half-past two o'clock, on Tuesdays and Wednesdays at half-past eleven o'clock and on Thursdays at half-past ten'. Line 5, at end insert ‘Provided that, when the House sits on a Tuesday or Wednesday which immediately follows a periodic adjournment of more than two days or is the first day of a Session, references to specific times in the Standing Orders of this House shall apply as if that day were a Monday'. Line 16, leave out ‘Tuesdays and Wednesdays and at seven' and insert ‘at seven o'clock on Tuesdays and Wednesdays and at six'. Standing Order No. 10 (Sittings in Westminster Hall) Line 4, after ‘Wednesdays', insert ‘beginning at half-past nine o'clock, which shall be suspended from half-past eleven o'clock until half-past two o'clock and may then continue for up to a further two and a half hours; except that if the Tuesday or Wednesday immediately follows a periodic adjournment of the House of more than two days, the sitting shall be'. Line 8, leave out ‘that period' and insert ‘the periods of two and a half or three hours'. Standing Order No. 11 (Friday sittings) Line 1, at beginning insert ‘Subject to Standing Order No. 12 (House not to sit on certain Fridays),'. Standing Order No. 12 (House not to sit on certain Fridays) Line 1, leave out paragraphs (1) and (2) and insert ‘(1) Unless the House otherwise orders, the House shall not sit on any Friday other than those on which private Members' bills have precedence.'. Line 7, leave out ‘each of the Fridays so appointed' and insert ‘a Friday on which the House is not sitting'. Line 13, leave out ‘so appointed' and insert ‘on which the House does not sit'. Line 24, after ‘amendments', insert ‘, and notices of motions relating to proceedings on bills committed to a standing committee,'. Standing Order No. 14 (Arrangement of public business) Line 20, leave out ‘Tuesday or Wednesday or four' and insert ‘, four o'clock on Tuesday or Wednesday or three'. Line 23, leave out from ‘at' to ‘and' in line 25 and insert ‘the hour specified in sub-paragraph (i) above'. Line 32, leave out ‘or four' and insert ‘, four o'clock or three'. Standing Order No. 15 (Exempted business) Line 23, leave out ‘Tuesday or Wednesday or eight' and insert ‘eight o'clock on Tuesday or Wednesday or seven'. Standing Order No. 17 (Delegated legislation (negative procedure)) Line 3, leave out ‘Tuesday or Wednesday or half-past eight' and insert ‘half-past eight o'clock on Tuesday or Wednesday or half-past seven'. Line 5, leave out from ‘at' to ‘the' in line 7 and insert ‘that hour'. Line 20, leave out from ‘resumed' to ‘but' in line 22 and insert ‘less than half an hour before the time specified in paragraph (1) of this order,'. Standing Order No. 20 (Time for taking private business) Line 28, leave out ‘Tuesday or Wednesday or four' and insert ‘four o'clock on any specified Tuesday or Wednesday or three'. Line 38, leave out ‘or four' and insert ‘, four o'clock or three'. Page 117 Wednesday 26th January 2005 2004-2005 Volume 261 Back to top Standing Order No. 24 (Adjournment on specific and important matter that should have urgent consideration) Line 24, leave out ‘Tuesday or Wednesday or four' and insert ‘four o'clock if it is a Tuesday or Wednesday or three'. Line 29, leave out ‘Tuesday or Wednesday or half-past ten' and insert ‘half-past ten o'clock on a Tuesday or Wednesday or half-past nine'. Line 55, leave out ‘or four' and insert ‘, four o'clock or three'. Standing Order No. 41A (Deferred divisions) Lines 38 and 45, leave out ‘three' and insert ‘twelve'. Standing Order No. 54 (Consideration of estimates) Line 18, leave out ‘Tuesday or Wednesday or four' and insert ‘four o'clock on Tuesday or Wednesday or three'. Line 23, leave out from ‘at' to ‘and' in line 25 and insert ‘the hour specified in sub-paragraph (a) above'. Line 27, leave out ‘or four' and insert ‘, four o'clock or three'. Standing Order No. 83I (Programme orders: supplementary provision) Line 5, leave out ‘ten o'clock (or on Thursday, seven o'clock)' and insert ‘the moment of interruption'. Line 15, at end insert ‘, four o'clock or three o'clock'. Standing Order No. 88 (Meetings of standing committees) Line 13, leave out from ‘Mondays' to second ‘in' in line 15 and insert ‘between the hours of twenty-five minutes past eleven o'clock in the morning and half-past one o'clock in the afternoon on Tuesdays or Wednesdays or between the hours of twenty-five minutes past ten o'clock in the morning and half-past twelve o'clock'. Line 20, leave out ‘or'. Line 21, after ‘o'clock', insert ‘or twenty-five minutes past ten o'clock'. Standing Order No. 100 (Scottish Grand Committee (sittings)) Line 45, leave out from ‘at' to the end of line 48 and insert ‘the time specified in paragraph (2) of Standing Order No. 88 (Meetings of standing committees), subject to the proviso to that paragraph'. Standing Order No. 108 (Welsh Grand Committee (sittings)) Line 44, leave out from ‘at' to the end of line 47 and insert ‘the time specified in paragraph (2) of Standing Order No. 88 (Meetings of standing committees), subject to the proviso to that paragraph'. Standing Order No. 116 (Northern Ireland Grand Committee (sittings)) Line 57, leave out from ‘at' to end of line 60 and insert ‘the time specified in paragraph (2) of Standing Order No. 88 (Meetings of standing committees), subject to the proviso to that paragraph'—(Mr Peter Hain); An Amendment ((a)) was proposed to the Question, in line 7, to leave out the words ‘at half-past two o'clock, on Tuesdays and' and insert ‘and Tuesdays at half-past two o'clock, on', instead thereof.—(Mr George Howarth.) And the Question being put, That the Amendment be made; The House divided. Tellers for the Ayes, Bridget Prentice, Mr Nick Ainger: 292. Tellers for the Noes, Margaret Moran, James Purnell: 225. So the Question was agreed to. It being more than three hours after the commencement of proceedings on the Motion, the Deputy Speaker, pursuant to Order [24th January], put the remaining Questions necessary to dispose of proceedings on the Motion and on the Motions relating to Connecting Parliament with the Public and Car Mileage Allowance. Other Amendments were made to the Question: (b) in line 10, by leaving out the words ‘Tuesday or'; (c) in line 14, by leaving out the words ‘at seven o'clock on Tuesdays and' and inserting the words ‘and Tuesdays, at seven o'clock on', instead thereof; (d) in line 17, by leaving out from the word ‘after' to the word ‘Wednesday' in line 20 and inserting the words ‘‘Tuesdays' insert ‘between half-past nine o'clock and two o'clock; (aa) on Wednesdays beginning at half-past nine o'clock, which shall be suspended from half-past eleven o'clock until half-past two o'clock and may then continue for up to a further two and a half hours; except that if the', instead thereof; (e) in line 37, by leaving out the words ‘, four o'clock on Tuesday or' and inserting the words ‘or Tuesday, four o'clock on', instead thereof; (f) in line 43, by leaving out the words ‘, eight o'clock on Tuesday or' and inserting the words ‘or Tuesday, eight o'clock on', instead thereof; Page 118 Wednesday 26th January 2005 2004-2005 Volume 261 Back to top (g) in line 46, by leaving out the words ‘, half-past eight o'clock on Tuesday or' and inserting the words ‘or Tuesday, half-past eight o'clock on', instead thereof; (h) in line 52, by leaving out the words ‘four o'clock on any specified Tuesday or' and inserting the words ‘or Tuesday, four o'clock on any specified', instead thereof; (i) in line 57, by leaving out the words ‘four o'clock if it is a Tuesday or' and inserting the words ‘or Tuesday, four o'clock if it is a', instead thereof; (j) in line 59, by leaving out the words ‘half-past ten o'clock on a Tuesday or' and inserting the words ‘or Tuesday, half-past ten o'clock on a', instead thereof; (k) in line 65, by leaving out the words ‘four o'clock on Tuesday or' and inserting the words ‘or Tuesday, four o'clock on', instead thereof; and (l) in line 75, by leaving out from the word ‘insert' to the word ‘Wednesdays' in line 77 and inserting the words ‘or Tuesdays, between the hours of twenty-five minutes past eleven o'clock in the morning and half-past one o'clock in the afternoon on', instead thereof. Another Amendment ((m)) was proposed to the Question, in line 62, at the end, to insert the words— ‘Line 6, at beginning insert “Subject to paragraph (2A) below,”. Line 28, at end insert— “(2A) Sub-paragraphs (a), (c), (d) and (e) of paragraph (2) above shall not apply to sittings of the House on Thursdays.”.'.—(Mr Brian H. Donohoe.) And the Question being put, That the Amendment be made; The House divided. Tellers for the Ayes, John Robertson, Sandra Osborne: 80. Tellers for the Noes, Mr Nick Ainger, Bridget Prentice: 388. So the Question was negatived. And the Main Question, as amended, being put; Ordered, That the following Amendments to Standing Orders be made with effect from the beginning of the next Parliament: Standing Order No. 9 (Sittings of the House) Line 1, at beginning insert ‘Subject to the provisions of Standing Order No. 1B (Election of Speaker by secret ballot),'. Line 1, leave out from ‘Mondays' to ‘o'clock' in line 3 and insert ‘and Tuesdays at half-past two o'clock, on Wednesdays at half-past eleven o'clock and on Thursdays at half-past ten'. Line 5, at end insert ‘Provided that, when the House sits on a Wednesday which immediately follows a periodic adjournment of more than two days or is the first day of a Session, references to specific times in the Standing Orders of this House shall apply as if that day were a Monday'. Line 16, leave out ‘Tuesdays and Wednesdays and at seven' and insert ‘and Tuesdays, at seven o'clock on Wednesdays and at six'. Standing Order No. 10 (Sittings in Westminster Hall) Line 4, after ‘Tuesdays', insert ‘between half-past nine o'clock and two o'clock; (aa) on Wednesdays beginning at half-past nine o'clock, which shall be suspended from half-past eleven o'clock until half-past two o'clock and may then continue for up to a further two and a half hours; except that if the Wednesday immediately follows a periodic adjournment of the House of more than two days, the sitting shall be'. Line 8, leave out ‘that period' and insert ‘the periods of two and a half or three hours'. Standing Order No. 11 (Friday sittings) Line 1, at beginning insert ‘Subject to Standing Order No. 12 (House not to sit on certain Fridays),'. Standing Order No. 12 (House not to sit on certain Fridays) Line 1, leave out paragraphs (1) and (2) and insert ‘(1) Unless the House otherwise orders, the House shall not sit on any Friday other than those on which private Members' bills have precedence.'. Line 7, leave out ‘each of the Fridays so appointed' and insert ‘a Friday on which the House is not sitting'. Page 119 Wednesday 26th January 2005 2004-2005 Volume 261 Back to top Line 13, leave out ‘so appointed' and insert ‘on which the House does not sit'. Line 24, after ‘amendments', insert ‘, and notices of motions relating to proceedings on bills committed to a standing committee,'. Standing Order No. 14 (Arrangement of public business) Line 20, leave out ‘Tuesday or Wednesday or four' and insert ‘or Tuesday, four o'clock on Wednesday or three'. Line 23, leave out from ‘at' to ‘and' in line 25 and insert ‘the hour specified in sub-paragraph (i) above'. Line 32, leave out ‘or four' and insert ‘, four o'clock or three'. Standing Order No. 15 (Exempted business) Line 23, leave out ‘Tuesday or Wednesday or eight' and insert ‘or Tuesday, eight o'clock on Wednesday or seven'. Standing Order No. 17 (Delegated legislation (negative procedure)) Line 3, leave out ‘Tuesday or Wednesday or half-past eight' and insert ‘or Tuesday, half-past eight o'clock on Wednesday or half-past seven'. Line 5, leave out from ‘at' to ‘the' in line 7 and insert ‘that hour'. Line 20, leave out from ‘resumed' to ‘but' in line 22 and insert ‘less than half an hour before the time specified in paragraph (1) of this order,'. Standing Order No. 20 (Time for taking private business) Line 28, leave out ‘Tuesday or Wednesday or four' and insert ‘or Tuesday, four o'clock on any specified Wednesday or three'. Line 38, leave out ‘or four' and insert ‘, four o'clock or three'. Standing Order No. 24 (Adjournment on specific and important matter that should have urgent consideration) Line 24, leave out ‘Tuesday or Wednesday or four' and insert ‘or Tuesday, four o'clock if it is a Wednesday or three'. Line 29, leave out ‘Tuesday or Wednesday or half-past ten' and insert ‘or Tuesday, half-past ten o'clock on a Wednesday or half-past nine'. Line 55, leave out ‘or four' and insert ‘, four o'clock or three'. Standing Order No. 41A (Deferred divisions) Lines 38 and 45, leave out ‘three' and insert ‘twelve'. Standing Order No. 54 (Consideration of estimates) Line 18, leave out ‘Tuesday or Wednesday or four' and insert ‘or Tuesday, four o'clock on Wednesday or three'. Line 23, leave out from ‘at' to ‘and' in line 25 and insert ‘the hour specified in sub-paragraph (a) above'. Line 27, leave out ‘or four' and insert ‘, four o'clock or three'. Standing Order No. 83I (Programme orders: supplementary provision) Line 5, leave out ‘ten o'clock (or on Thursday, seven o'clock)' and insert ‘the moment of interruption'. Line 15, at end insert ‘, four o'clock or three o'clock'. Standing Order No. 88 (Meetings of standing committees) Line 13, leave out from ‘Mondays' to second ‘in' in line 15 and insert ‘or Tuesdays, between the hours of twenty-five minutes past eleven o'clock in the morning and half-past one o'clock in the afternoon on Wednesdays or between the hours of twenty-five minutes past ten o'clock in the morning and half-past twelve o'clock'. Line 20, leave out ‘or'. Line 21, after ‘o'clock', insert ‘or twenty-five minutes past ten o'clock'. Standing Order No. 100 (Scottish Grand Committee (sittings)) Line 45, leave out from ‘at' to the end of line 48 and insert ‘the time specified in paragraph (2) of Standing Order No. 88 (Meetings of standing committees), subject to the proviso to that paragraph'. Standing Order No. 108 (Welsh Grand Committee (sittings)) Line 44, leave out from ‘at' to the end of line 47 and insert ‘the time specified in paragraph (2) of Standing Order No. 88 (Meetings of standing committees), subject to the proviso to that paragraph'. Standing Order No. 116 (Northern Ireland Grand Committee (sittings)) Line 57, leave out from ‘at' to end of line 60 and insert ‘the time specified in paragraph (2) of Standing Order No. 88 (Meetings of standing committees), subject to the proviso to that paragraph'. Page 120 Wednesday 26th January 2005 2004-2005 Volume 261 Back to top
The House divided. Tellers for the Ayes, Mr Nick Ainger, Bridget Prentice: 375. Tellers for the Noes, Mr Eric Forth, Ann Winterton: 14. So the Question was agreed to. Resolved, That this House notes with approval the First Report of the Select Committee on Modernisation of the House of Commons of Session 2003–04, on Connecting Parliament with the Public (House of Commons Paper No. 368) and the First Special Report from the Committee containing the House of Commons Commission's response thereto (House of Commons Paper No. 69); agrees that the House should make itself more accessible, make it easier for people to understand the work of Parliament and do more to communicate its activity to the general public; welcomes the steps taken or planned as set out in the Commission's response, including those planned to bring about the radical upgrade of the website envisaged by the Modernisation Committee; endorses the Committee's conclusion that further consideration should be given to facilities such as a Parliamentary roadshow in the light of evaluation of other outreach initiatives; authorises the House of Commons Commission to fund the publication and distribution of a new voters' guide; and would welcome more proactive promotion to the media and the public of the House and its work.
The House divided. Tellers for the Ayes, Mr Mike Hall, Mr Ken Purchase: 111. Tellers for the Noes, Mr Nick Ainger, Bridget Prentice: 249. So the Question was negatived.
1. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion two hours after the commencement of proceedings on the Motion for this Order at this day's sitting. 2. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of proceedings on the Motion for this Order at this day's sitting.—(Dawn Primarolo.)
A Clause (NC3) (Declaration of confidentiality)—(Dawn Primarolo)—brought up, read the first and second time, and added to the Bill. Another Clause (NC4) (Freedom of information)—(Dawn Primarolo)—brought up, read the first and second time, and added to the Bill. Another Clause (NC1) (Report on establishment of Commissioners)—(Mr Andrew Tyrie)—brought up, and read the first time. Page 121 Wednesday 26th January 2005 2004-2005 Volume 261 Back to top Question put, That the Clause be read a second time. The House divided. Tellers for the Ayes, Mr Mark Prisk, Mr Peter Atkinson: 128. Tellers for the Noes, Gillian Merron, Mr Tom Watson: 246. Amendment (No. 19) proposed to the Bill, in page 8, line 19, to leave out the words ‘or the Scottish' and insert the words ‘, the Scottish inspectors or the Northern Ireland', instead thereof.—(John Healey.) Question proposed, That the Amendment be made. And it being two hours after the commencement of proceedings on the Motion for the Order relating to Commissioners for Revenue and Customs Bill (Programme) (No. 3), the Deputy Speaker put the Question, pursuant to Order [this day]:—It was agreed to. The Deputy Speaker then put the Question on the remaining Amendments moved by a Minister of the Crown. Other Amendments (Nos. 20 to 27, 33, 28, 34, 29 to 32, 12 to 16, 6, 17, 18 and 7 to 11) made to the Bill. The Bill was read the third time, and passed.
And accordingly, the House, having continued to sit till eighteen minutes past Eight o'clock, adjourned till to-morrow. [Adjourned at 8.18 p.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Affirmative Resolution:
(2) draft Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Murphy].
Papers subject to Negative Resolution:
Other Papers:
Page 122 Wednesday 26th January 2005 2004-2005 Volume 261 Back to top APPENDIX II Standing Committees
(1) The Speaker has allocated the draft Order to the First Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Virginia Bottomley, Mr Desmond Browne, Colin Burgon, Mr David Chaytor, Mr Geoffrey Clifton-Brown, Mr Hilton Dawson, Mr Jonathan Djanogly, Nick Harvey, Mr Doug Henderson, Mr John Heppell, John McDonnell, Shona McIsaac, Mr Archie Norman, Mr Mark Oaten, Sandra Osborne and Ms Debra Shipley.
(1) The Speaker has allocated the draft Regulations to the Second Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Gregory Barker, Mr Henry Bellingham, Peter Bottomley, Malcolm Bruce, Richard Burden, Brian Cotter, Mr Jim Cunningham, Mr Nigel Evans, Glenda Jackson, Mr Andrew Love, Mr Kevin McNamara, Margaret Moran, Mr Kerry Pollard, Jim Sheridan, Jacqui Smith and Derek Wyatt.
(1) The Speaker has allocated the Order to the Third Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Graham Allen, Ms Candy Atherton, Mr Richard Bacon, Mr William Cash, Paul Clark, Mr Geoffrey Clifton-Brown, Mr Edward Davey, Mr Derek Foster, Linda Gilroy, Mr Philip Hammond, Phil Hope, Alan Howarth, Mr Eric Martlew, Dan Norris, Joyce Quin and Richard Younger-Ross.
(1) The Speaker has allocated the draft Order to the Fourth Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated twenty Members to serve on the Committee: Mr Vernon Coaker, Jeff Ennis, Mrs Lorna Fitzsimons, Mr George Foulkes, Mr Nick Gibb, Mr Tom Harris, Mrs Joan Humble, Mr Boris Johnson, Mr David Lidington, Mr Peter Luff, Mr Eddie McGrady, Judy Mallaber, Lembit Opik, Mr Gwyn Prosser, Mr Peter Robinson, Christine Russell, Mr Andrew Smith, Mr John Spellar, Mr David Trimble and Joan Walley. European Standing Committees
APPENDIX III Reports from Select Committees
(2) Minutes of Evidence taken before the Committee; to be printed [No. 95-xiv] [Mr David Hinchliffe]; and (3) Memoranda laid before the Committee; to be printed [No. 95-xiii] [Mr George Howarth]. Page 123 Wednesday 26th January 2005 2004-2005 Volume 261 Back to top
(2) Memoranda laid before the Committee [Correspondence on video of Burnside Farm] [Mr Michael Jack].
(2) Minutes of Evidence taken before the Committee [Pre-Budget 2004: the road ahead]; to be printed [No. 261-ii] [Mr Peter Ainsworth].
(2) Sixth Report from the Committee [The Committee's work in 2004]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 38-vi] [Mr Jimmy Hood].
(2) Minutes of Evidence taken before the Committee [International Convention on the Elimination of all forms of Racial Discrimination]; to be printed [No. 263-ii] [Jean Corston].
(2) Third Special Report from the Committee [Responses to the Committee's Tenth Report, Session 2003–04, Scientific Publications: Free for all?: Responses to the Committee's Fourteenth Report, Session 2003–04]; to be printed [No. 249]; and (3) Minutes of Evidence taken before the Committee [Forensic Science]; to be printed [No. 96-iii] [Dr Ian Gibson].
[No. 28; WH, No. 15] Wednesday 26th January 2005. The House sitting in Westminster Hall The sitting began at half-past Nine o'clock.
And accordingly the sitting was adjourned till to-morrow. [Adjourned at 4.29 p.m. Page 124 Wednesday 26th January 2005 2004-2005 Volume 261 Back to top [No. 29.] Thursday 27th January 2005. The House met at half-past Eleven o'clock. PRAYERS.
Bill, as amended in the Standing Committee, to be considered on Monday 31st January; and to be printed [Bill 49]. Minutes of Proceedings of the Committee to lie upon the Table.
Bill, as amended in the Standing Committee, to be considered on Monday 31st January; and to be printed [Bill 48]. Minutes of Proceedings of the Committee to lie upon the Table.
A Clause (NC1) (Provision of first class passenger accommodation)—(Mr Christopher Chope)—brought up, and read the first time. Question put, That the Clause be read a second time. The House divided. Tellers for the Ayes, Mr John Randall, Mr Mark Prisk: 123. Tellers for the Noes, Margaret Moran, Mr Jim Murphy: 220. Another Clause (NC3) (Railway functions of Passenger Transport Executives in Scotland)—(Mr Ian Davidson)—brought up, and read the first time. Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn. Another Clause (NC5) (Rail efficiency report)—(Mr Greg Knight)—brought up, and read the first time. Question put, That the Clause be read a second time. The House divided. Tellers for the Ayes, Mr Mark Prisk, Andrew Selous: 129. Tellers for the Noes, James Purnell, Bridget Prentice: 222. Another Clause (NC9) (Railway strategy for Wales)—(Mr Elfyn Llwyd)—brought up, and read the first time. Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn. Another Clause (NC12) (Office of Rail Regulation safety report)—(Mr Elfyn Llwyd)—brought up, and read the first time. Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn. Another Clause (NC13) (Code of practice for disabled rail users in England and Wales)—(Mr Christopher Chope)—brought up, and read the first time. Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn. Amendment (No. 35) proposed to the Bill, in page 11, line 6, at the end, to insert the words— ‘(2A) The appropriate national authority may make a scheme for the transfer, before the end of the franchise period, if the authority considers, after consultation with the Office of Rail Regulation, that the safety record of the franchisee is such as to warrant a transfer on the grounds of passenger safety.'.—(Mr Elfyn Llwyd.) Page 125 Thursday 27th January 2005 2004-2005 Volume 261 Back to top Question proposed, That the Amendment be made. And it being Five o'clock, the Deputy Speaker put the Question, pursuant to Order [6th December]:—It was negatived. The Deputy Speaker then put the Questions on Amendments selected for separate decision. Another Amendment (No. 17) proposed to the Bill, in page 11, line 14, at the end, to insert the words— ‘(3A) The appropriate national authority shall not make a scheme for the transfer of relevant franchise assets to a franchise company, at the end of the franchise period, if an independent assessment, which must be authorised by the national authority, demonstrates that the assets could be operated more economically and efficiently by a person identified in subsection (3)(a), (b), (c) or (d).'.—(John McDonnell.) Question put, That the Amendment be made. The House divided. Tellers for the Ayes, Mr Robert N. Wareing, Jeremy Corbyn: 49. Tellers for the Noes, James Purnell, Margaret Moran: 208. Another Amendment (No. 38) proposed to the Bill, in page 21, line 2, at the end, to insert the words— ‘(aa) in relation to a proposal relating to services all of which are Wales-only services, means the National Assembly for Wales; and'.—(Mr Elfyn Llwyd.) Question put, That the Amendment be made. The House divided. Tellers for the Ayes, Mr Michael Weir, Hywel Williams: 22. Tellers for the Noes, Margaret Moran, Mr Tom Watson: 215. The Deputy Speaker then put the Question on the Amendments moved by a Minister of the Crown. Amendments (Nos. 14, 9 to 11, 13, 15, 16, 12 and 19 to 21) made to the Bill. The Bill was read the third time, and passed.
And accordingly, the House, having continued to sit till twenty-eight minutes past Six o'clock, adjourned till Monday 31st January. [Adjourned at 6.28 p.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Affirmative Resolution:
(1) for local government bodies (2005); and (2) for local NHS bodies (2005) [by Act] [Mr Secretary Prescott].
(2) Local Government Finance (England) Report for 2005–06 [by Act]; to be printed [Nos. 241 and 242] [Mr Secretary Prescott]. Page 126 Thursday 27th January 2005 2004-2005 Volume 261 Back to top
(2) Police Grant Report (England and Wales) 2005–06 [by Act]; to be printed [Nos. 247 and 246] [Mr Secretary Clarke].
Papers subject to Negative Resolution:
Other Papers:
(1) the Forestry Commission Great Britain and England; and (2) Forest Research for 2003–04, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 208 and 222] [Secretary Margaret Beckett].
(2) Resource Accounts of— (i) the Department for Education and Skills; (ii) the Home Office; (iii) the Northern Ireland Office; (iv) the Scotland Office; and (v) the Teachers' Pension Scheme (England and Wales) for 2003–04, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 227, 230, 232, 229 and 228] [Mr Stephen Timms].
APPENDIX II Standing Committees
Page 127 Thursday 27th January 2005 2004-2005 Volume 261 Back to top
APPENDIX III Reports from Select Committees
(2) Minutes of Evidence taken before the Committee [New Developments in HIV/AIDS and Sexual Health Policy]; to be printed [No. 252-i] [Mr David Hinchliffe].
(2) Minutes of Evidence taken before the Committee [Choice, Voice and Public Services]; to be printed [No. 49-v] [Tony Wright]. [No. 29; WH, No. 16] Thursday 27th January 2005. The House sitting in Westminster Hall The sitting began at twenty-five minutes to Three o'clock.
And the sitting having continued for three hours, it was adjourned without Question put, till Tuesday 1st February. [Adjourned at 6.09 p.m.
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