Session 2004-2005

Commons Journal 261

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Alphabetical Index - Part I
Alphabetical Index - Part II


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Page 146            2004-2005      Volume 261      

[No. 35.]

Monday 7th February 2005.

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 Terrorism Act 2000 (Continuance of Part VII) Order 2005.

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

2Serious Organised Crime and Police Bill,—The House, according to Order, proceeded to consider the Serious Organised Crime and Police Bill, as amended in the Standing Committee.

A Clause (NC3) (Racial and religious hatred)—(Mr David Heath)—brought up, and read the first time.

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

And it being one and a half hours after the commencement of proceedings on the Bill, the Deputy Speaker put the Question, pursuant to Order [3rd February].

The House divided.

Tellers for the Ayes, Bob Russell, Sir Robert Smith: 191.

Tellers for the Noes, Mr Tom Watson, James Purnell: 291.

The Deputy Speaker then put the Question on an Amendment moved by a Minister of the Crown to be disposed of at that hour.

Amendment (No. 106) made to the Bill.

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

Another Clause (NC4) (Blasphemy)—(Dr Evan Harris)—brought up, and read the first time.

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

The House divided.

Tellers for the Ayes, Mr John Bercow, Dr Evan Harris: 80.

Tellers for the Noes, Mr Tom Watson, James Purnell: 339.

Another Clause (NC6) (Interception of communications)—(Mr Andrew Mitchell)—brought up, and read the first time.

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

And it being two and a half hours after the commencement of proceedings on the Bill, the Deputy Speaker put the Question.

The House divided.

Tellers for the Ayes, Mr Peter Atkinson, Mr Mark Prisk: 175.

Tellers for the Noes, Mr Tom Watson, James Purnell: 288.

Another Clause (NC10) (Interference with contractual relationships so as to harm animal research organisation)—(Caroline Flint)—brought up, and read the first time.

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

And it being three and a half hours after the commencement of proceedings on the Bill, the Deputy Speaker put the Question:—It was agreed to.

Clause added to the Bill.

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

Another Clause (NC11) (Intimidation of persons connected with animal research organisation)—(Caroline Flint)—brought up, and read the first time.

Amendment (b) proposed to the proposed Clause, in line 4, after the word ‘act', to insert the words ‘or A or someone at the instigation of A does a relevant act,'.—(Mr Jonathan Djanogly.)

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Question put, That the Amendment to the proposed Clause be made.

The House divided.

Tellers for the Ayes, Andrew Selous, Mr Geoffrey Clifton-Brown: 95.

Tellers for the Noes, Mr Vernon Coaker, Paul Clark: 313.

Clause added to the Bill.

The Deputy Speaker then put the Questions on the Amendments and new Clauses moved by a Minister of the Crown to be disposed of at that hour.

Clauses (NC12) (Penalty for offences under sections (Interference with contractual relations so as to harm animal research organisation) and (Intimidation of persons connected with animal research organisation)), (NC13) (Animal research organisations) and (NC14) (Extension of sections (Interference with contractual relations so as to harm animal research organisation) and (Intimidation of persons connected with animal research organisation))—(Caroline Flint)—brought up, read the first time and added to the Bill.

Other Amendments (Nos. 99, 100 and 110) made to the Bill.

Another Clause (NC7) (Police members of SOCA to have powers of constable etc.)—(Mr Andrew Mitchell)—brought up, and read the first time.

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

The House divided.

Tellers for the Ayes, Andrew Selous, Mr Peter Atkinson: 134.

Tellers for the Noes, Mr Vernon Coaker, Paul Clark: 292.

It being more than four and a half hours after the commencement of proceedings on the Bill, the Deputy Speaker put the Questions on the Amendments moved by a Minister of the Crown to be disposed of at that hour.

Other Amendments (Nos. 67 and 68) made to the Bill.

Another Clause (NC18) (Demonstrating without authorisation in designated area)—(Caroline Flint)—brought up, and read the first time.

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

And it being five and a half hours after the commencement of proceedings on the Bill, the Speaker put the Question.

The House divided.

Tellers for the Ayes, Mr Jim Murphy, Margaret Moran: 299.

Tellers for the Noes, Bob Russell, Sir Robert Smith: 86.

Clause added to the Bill.

The Speaker proceeded to put forthwith the Questions on the remaining Amendments, new Clauses and new Schedule moved by a Minister of the Crown.

Other Clauses (NC19) (Notice of demonstrations in designated area), (NC20) (Authorisation of demonstrations in designated area), (NC21) (Supplementary directions), (NC22) (Offences under sections (Demonstrating without authorisation in designated area) to (Supplementary directions): penalties), (NC23) (Loudspeakers in designated area), (NC24) (The designated area), (NC8) (Financial reporting orders: making in Northern Ireland), (NC9) (Part 5 of the Police Act 1997: Northern Ireland), (NC15) (Minor and consequential amendments relating to Chapter 6), (NC16) (Special measures for witnesses in proceedings for anti-social behaviour orders etc.) and (NC17) (Power to seize etc. vehicles driven without licence or insurance)—(Caroline Flint)—brought up, and read the first time.

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

The House divided.

Tellers for the Ayes, Mr Jim Murphy, Margaret Moran: 263.

Tellers for the Noes, Andrew Selous, Mr Geoffrey Clifton-Brown: 88.

Other Amendments (Nos. 1, 6, 168, 63 to 66, 69 to 79, 39 to 46, 53 to 58, 80 to 88, 47 to 49, 173 to 178, 59, 89 to 98, 179, 50, 60, 180, 181, 101 to 104, 61 and 62, 105, 140 to 143, 51 and 52, 169 to 172, 107 to 109 and 144 to 165) made to the Bill.

A Schedule (NS1) (Remaining minor and consequential amendments)—(Caroline Flint)—brought up, read the first time and added to the Bill.

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

And it being six and a half hours after the commencement of proceedings on the Bill, the Deputy Speaker put the Question, pursuant to Order [3rd February].

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

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3Political Parties,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Political Parties, Elections and Referendums Act 2000 (Disapplication of Part IV for Northern Ireland Parties, etc) Order 2005, which was laid before this House on 20th December, be approved—(Mr John Heppell):—It was agreed to.

4Companies,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Companies Act 1985 (Operating and Financial Review and Directors' Report etc.) Regulations 2005, which were laid before this House on 12th January, be approved—(Mr John Heppell):—It was agreed to.

5Delegated Legislation,—Ordered, That the Licensing Act 2003 (Fees) Regulations 2005 (S.I., 2005, No. 79), dated 20th January 2005, the Financing of Maintained Schools (England) Regulations 2004 (S.I., 2004, No. 3130), dated 9th December 2004, and the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2004 (S.I., 2004, No. 3131), dated 9th December 2004, be referred to Standing Committees on Delegated Legislation.—(Mr John Heppell.)

6Adjournment,—Resolved, That this House do now adjourn.—(Mr John Heppell.)

And accordingly, the House, having continued to sit till twenty-nine minutes to Twelve o'clock, adjourned till to-morrow.

[Adjourned at 11.31 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1Immigration and Asylum,—Draft Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

2Northern Ireland,—Draft Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy].

Papers subject to Negative Resolution:

3Agriculture,—(1) Common Agricultural Policy Single Payment and Support Schemes Regulations 2005 (S.I., 2005, No. 219); and

(2) Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2005 (S.I., 2005, No. 218),

dated 1st February 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Secretary Margaret Beckett].

4Broadcasting,—Foreign Satellite Service Proscription Order 2005 (S.I., 2005, No. 220), dated 7th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Tessa Jowell].

5Criminal Law,—Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2005 (S.I., 2005, No. 210), dated 3rd February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

6Immigration,—Statement of Changes in Immigration Rules [by Act]; to be printed [No. 302] [Mr Secretary Clarke].

7Landlord and Tenant,—Leasehold Houses (Notice of Insurance Cover) (England) (Amendment) Regulations 2005 (S.I., 2005, No. 177), dated 31st January 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

8Police,—Police (Promotion) (Amendment) Regulations 2005 (S.I., 2005, No. 178), dated 29th January 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

9Rates,—Rates (Regional Rates) Order (Northern Ireland) 2005 (S.R.(N.I.), 2005, No. 21), dated 24th January 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy].

10Road Traffic,—Road Traffic (Permitted Parking Area and Special Parking Area) (City of Sheffield) Order 2005 (S.I., 2005, No. 194), dated 3rd February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

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Other Papers:

11Foreign and Commonwealth Office,—Commentary on the Treaty establishing a Constitution for Europe [by Command] [Cm. 6459] [Mr Secretary Straw].

12Home Office,—Paper, entitled Controlling our borders: Making migration work for Britain—Five year strategy for asylum and immigration [by Command] [Cm. 6472] [Mr Secretary Clarke].

13Members' Interests,—Register of Members' Interests as at 28th January 2005 [pursuant to the Resolutions of 22nd May 1974, 28th June 1993, 6th November 1995 and 14th May 2002]; to be printed [No. 309] [Clerk of the House].

14National Audit,—Reports by the Comptroller and Auditor General on—

(1) Darent Valley Hospital: The PFI Contract in Action; and

(2) Department of Trade and Industry: Renewable Energy

[by Act]; to be printed [Nos. 209 and 210] [Clerk of the House].

15Public Petitions,—Observations by the Secretary of State for Work and Pensions on the Petition [20th December] 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 [by Standing Order] [Clerk of the House].

16Social Security Administration (Northern Ireland),—Account of the Northern Ireland National Insurance Fund for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 198] [Clerk of the House].

Papers withdrawn:

17Pensions,—Draft Occupational Pension Scheme (Levies) Regulations 2005 [laid 2nd February].

APPENDIX II

Standing Committees

1Criminal Law (Amendment) (Householder Protection) Bill,—The Speaker has allocated the Bill to Standing Committee C.

2Draft Terrorism Act 2000 (Continuance of Part VII) Order 2005,—The Committee of Selection has discharged Mr Stephen Byers, Chris Mole and Derek Wyatt from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution, Dr Nick Palmer, Mr Mark Todd and Mr Anthony D. Wright.

3Draft Extradition Act 2003 (Amendment to Designations) Order 2005,—The Speaker has appointed Frank Cook Chairman of the Third Standing Committee on Delegated Legislation in place of Mr Mike Hancock in respect of the draft Order.

4Draft Asylum (Designated States) Order 2005,—The Committee of Selection has discharged Mr David Heath from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr Alistair Carmichael.

APPENDIX III

Reports from Select Committees

1Constitutional Affairs and Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—Minutes of Evidence taken before the Constitutional Affairs and Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committees [Electoral registration]; to be printed [No. 243-iii] [Andrew Bennett].

2Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [Teaching Children to Read]; to be printed [No. 121-ii] [Mr Barry Sheerman].

3International Development,—Minutes of Evidence taken before the International Development Committee [The European Union's trade agreements with African, Caribbean and Pacific countries]; to be printed [No. 68-ii] [Tony Baldry].

4Public Accounts,—(1) Fifth Report from the Committee [Excess Votes 2003–04]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 310];

(2) Sixth Report from the Committee [Excess Votes (Northern Ireland) 2003–04]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 311];

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(3) Seventh Report from the Committee [Foreign and Commonwealth Office: Visa entry to the United Kingdom: the entry clearance operation]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 312]; and

(4) Minutes of Evidence taken before the Committee [The Accounts of the Duchies of Cornwall and Lancaster]; to be printed [No. 313-i]

[Mr Edward Leigh].

5Science and Technology,—(1) Fourth Special Report from the Science and Technology Committee [Government support for Beagle 2: Responses to the Committee's Twelfth Report, Session 2003–04]; to be printed [No. 301]; and

(2) Minutes of Evidence taken before the Committee [Strategic science provision in English Universities]; to be printed [No. 220-i]

[Dr Ian Gibson].


[No. 36.]

Tuesday 8th February 2005.

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

PRAYERS.

1London Local Authorities and Transport for London Bill,—The Order of the day being read, for the second reading of the London Local Authorities and Transport for London Bill;

Ordered, That the Bill be read a second time on Tuesday 22nd February.

2Second Standing Committee on Delegated Legislation,—Derek Conway reported from the Second Standing Committee on Delegated Legislation the Southern Regional Flood Defence Committee Order 2004 (S.I., 2004, No. 3165).

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

3Third Standing Committee on Delegated Legislation,—Frank Cook reported from the Third Standing Committee on Delegated Legislation the draft Extradition Act 2003 (Amendment to Designations) Order 2005.

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

4Fourth Standing Committee on Delegated Legislation,—Mr John Cummings reported from the Fourth Standing Committee on Delegated Legislation the Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004 (S.I., 2004, No. 3315).

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

5Fifth Standing Committee on Delegated Legislation,—Mr Bill O'Brien reported from the Fifth Standing Committee on Delegated Legislation the draft Asylum (Designated States) Order 2005.

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

6European Standing Committee B,—Mr Win Griffiths reported from European Standing Committee B the following Resolution:

That the Committee takes note of European Union Document No. 13177/04, on the European Commission Green Paper on Defence Procurement; endorses the Government's support for the Green Paper's aim to open up a debate on the competitiveness of the European defence industry; and supports the Government's wider objective to create an effective and competitive European defence equipment market.

Resolution to lie upon the Table.

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

7Children's Food Bill,—Ms Debra Shipley, supported by Vera Baird, Alan Howarth, Geraint Davies, Mr Andy Reed, Mr Simon Thomas, Mr Ernie Ross, Mr Graham Allen, Mr Paul Burstow, Mr Paul Tyler, Angela Eagle and Mr Robert Walter, presented a Bill to make provision regarding the marketing, promotion and sale of food and drink to and for children; to make provision for education and the dissemination of information about children's diet, nutrition and health; to place certain duties on the Food Standards Agency; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 8th April and to be printed [Bill 56].

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8Small Shops (Protection),—Ordered, That leave be given to bring in a Bill to require local authorities to develop plans to support small shops; to amend the Town and Country Planning Act 1990 to impose additional planning requirements in relation to large shops and shopping centres; to make provision about retail purchasing by local authorities and other public authorities; to amend the Local Government Finance Act 1988 in relation to non-domestic rates for small shops and related business; and for connected purposes: And that Brian Cotter, Malcolm Bruce, Annette Brooke, Sue Doughty, Andrew George, Mr Parmjit Singh Gill, Mr Mike Hancock, Mr David Heath, Dr John Pugh and Sarah Teather do prepare and bring it in.

9Small Shops (Protection) Bill,—Brian Cotter accordingly presented a Bill to require local authorities to develop plans to support small shops; to amend the Town and Country Planning Act 1990 to impose additional planning requirements in relation to large shops and shopping centres; to make provision about retail purchasing by local authorities and other public authorities; to amend the Local Government Finance Act 1988 in relation to non-domestic rates for small shops and related business; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 20th May and to be printed [Bill 57].

10Opposition Day [4th allotted day],—It being an allotted day at the disposal of the leader of the second largest opposition party in pursuance of Standing Order No. 14 (Arrangement of public business), the House proceeded to consider Opposition business.

Climate Change and the Environment,—Resolved, That this House endorses the comments of Sir David King that climate change is the most serious threat facing the planet and congratulates him on his work in this area; welcomes the Prime Minister's commitment to make the tackling of climate change a top priority for the United Kingdom's presidencies of the EU and G8 this year; reiterates the UK commitment to a 60 per cent. reduction in carbon emissions by 2050; strongly welcomes the coming into force of the Kyoto agreement on 16th February and the strong role the European Union has played in achieving this; believes that it is vital that, post-Kyoto, the international community works to reach agreement on the action needed to tackle climate change, which should engage the United States but which should also recognise the importance of the energy choices which face many of the major developing countries; calls on the global community to work with them in addressing those choices; rejects the notion that tackling climate change will of necessity damage the economy and indeed suggests that it is failure to do so that will lead to that result; believes that all parties in this House should by their own actions help convince the public of the need to take environmental matters seriously; and therefore condemns Conservative plans severely to weaken the Environment Agency through the massive and debilitating cuts proposed for the Agency by that party, and its damaging plans to abolish the climate change levy.—(Norman Baker.)

House of Lords Judgment on Belmarsh,—A Motion was made, and the Question being proposed, That this House calls on the Government to respond to the House of Lords judgment on Belmarsh with a system of dealing with terror suspects which does not require a derogation from European Convention on Human Rights obligations and which enshrines the principle that decisions on restrictions on individual liberties are taken by the courts and not politicians—(Mr Mark Oaten);

An Amendment was proposed to the Question, in line 2, to leave out from the first word ‘House' to the end of the Question and add the words ‘notes with approval the Government's intention to respond to the House of Lords judgment on Belmarsh by continuing to take all necessary measures to protect the security of the country and its citizens while acting in compliance with the European Convention on Human Rights', instead thereof.—(Ms Hazel Blears.)

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

The House divided.

Tellers for the Ayes, Mr Roger Williams, Mr Alan Reid: 172.

Tellers for the Noes, Mr Tom Watson, Bridget Prentice: 285.

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 notes with approval the Government's intention to respond to the House of Lords judgment on Belmarsh by continuing to take all necessary measures to protect the security of the country and its citizens while acting in compliance with the European Convention on Human Rights.

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11Business 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, proceedings on the Motion in the name of Mr Peter Hain relating to Standards and Privileges may be proceeded with, though opposed, until any hour—(Gillian Merron):—It was agreed to.

12Deferred Divisions,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 41A (Deferred divisions), That, at this day's sitting, Standing Order No. 41A (Deferred divisions) shall not apply to the Question on the Motion in the name of Mr Peter Hain relating to Standards and Privileges—(Gillian Merron):—It was agreed to.

13Standards and Privileges,—Resolved, That this House—

(i) approves the Third Report from the Committee on Standards and Privileges (House of Commons Paper No. 233); and

(ii) accordingly suspends Mr Jonathan Sayeed, Member for Mid Bedfordshire, from the service of the House for two weeks.—(Gillian Merron.)

14Prevention and Suppression of Terrorism,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Terrorism Act 2000 (Continuance of Part VII) Order 2005, which was laid before this House on 20th January, be approved—(Gillian Merron):—It was agreed to.

15Draft Children (Contact) and Adoption Bill (Joint Committee),—Ordered, That the Lords Message of 2nd February relating to a Joint Committee of both Houses to consider and report on any draft Children (Contact) and Adoption Bill presented to both Houses by a Minister of the Crown be now considered.

Resolved, That this House concurs with the Lords that it is expedient that a Joint Committee of Lords and Commons be appointed to consider and report on any draft Children (Contact) and Adoption Bill presented to both Houses by a Minister of the Crown, and that the Committee should report on the draft Bill by 26th May 2005.

Ordered, That a Select Committee of six honourable Members be appointed to join with the Committee appointed by the Lords to consider the draft Children (Contact) and Adoption Bill.

That the Committee shall have power—

(i) to send for persons, papers and records;

(ii) to sit notwithstanding any adjournment of the House;

(iii) to report from time to time;

(iv) to appoint specialist advisers;

(v) to adjourn from place to place within the United Kingdom;

That the quorum of the Committee shall be two; and

That Vera Baird, Virginia Bottomley, Mr David Chidgey, Ann Coffey, Jonathan Shaw and Mr Clive Soley be members of the Committee.—(Gillian Merron.)

Message to the Lords to acquaint them therewith.

16Adjournment,—Resolved, That this House do now adjourn.—(Gillian Merron.)

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

[Adjourned at 8.14 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1Northern Ireland,—Draft Higher Education (Northern Ireland) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy].

Papers subject to Negative Resolution:

2Copyright,—Copyright (Educational Establishments) Order 2005 (S.I., 2005, No. 223), dated 2nd February 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Patricia Hewitt].

3Family Proceedings,—Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2005 (S.I., 2005, No. 229), dated 7th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Christopher Leslie].

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4Immigration,—(1) Asylum and Immigration Tribunal (Judicial Titles) Order 2005 (S.I., 2005, No. 227), dated 7th February 2005; and

(2) Asylum and Immigration Tribunal (Procedure) Rules 2005 (S.I., 2005, No. 230), dated 6th February 2005

[by Act], with Explanatory Memoranda thereon [by Command] [Mr David Lammy].

5London Government,—Greater London Authority (Allocation of Grants for Precept Calculations) Regulations 2005 (S.I., 2005, No. 221), dated 7th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

Papers subject to Special Parliamentary Procedure:

6Transport and Works,—Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005, together with a Certificate by the Secretary of State for Transport under section 2 of the Statutory Orders (Special Procedure) Act 1945 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

Other Papers:

7Food Standards,—Report and Accounts of the Food Standards Agency for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 200] [Mr Secretary Reid].

8Health,—Department of Health Minute, dated 8th February 2005, concerning a contingent liability relating to health costs associated with staging the Olympic Games [by Command] [Mr Secretary Reid].

9Public Petitions,—Observations by the Secretary of State for Environment, Food and Rural Affairs on the Petition [11th January] from residents of Warden Bay, Leysdown and Bayview and holiday home owners on the Isle of Sheppey for the protection of cliffs from coastal erosion and flooding [by Standing Order]; to be printed [Clerk of the House].

APPENDIX II

Standing Committees

1Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004 (S.I., 2004, No. 3315),—The Committee of Selection has discharged Linda Gilroy from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the Order) and nominated in substitution Mr Adrian Bailey.

2Draft Asylum (Designated States) Order 2005,—The Committee of Selection has discharged Mr Terry Lewis and Kali Mountford from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr Ronnie Campbell and Mr Stephen McCabe.

APPENDIX III

Reports from Select Committees

1Culture, Media and Sport,—Minutes of Evidence taken before the Culture, Media and Sport Committee [Arts Development: Theatre]; to be printed [No. 254-iii] [Sir Gerald Kaufman].

2Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [Prison Education]; to be printed [No. 114-ii] [Mr Barry Sheerman].

3Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Sub-Committee on Progress on Pesticides of the Environment, Food and Rural Affairs Committee [Progress on Pesticides]; to be printed [No. 258-ii] [Mr Michael Jack].

4Environmental 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-vi] [Mr Peter Ainsworth].

5European Scrutiny,—Minutes of Evidence taken before the European Scrutiny Committee [The EU's constitutional treaty]; to be printed [No. 132-iv] [Jimmy Hood].

6Home Affairs,—(1) Third Report from the Home Affairs Committee [Home Office Target-Setting 2004], with an Appendix; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 320]; and

(2) Minutes of Evidence taken before the Committee [Terrorism and other Home Office Issues]; to be printed [No. 321-i]

[Mr John Denham].

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7Liaison,—Minutes of Evidence taken before the Liaison Committee [The Prime Minister]; to be printed [No. 318-i] [Mr Alan Williams].

8Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—(1) Minutes of Evidence taken before the Urban Affairs Sub-Committee of the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee [Empty Homes and Low-demand Pathfinders]; to be printed [No. 295-i];

(2) Memoranda laid before the Committee [Ward Boundaries]; to be printed [No. 315-II]; and

(3) Memoranda laid before the Committee [Local Government Consultations]; to be printed [No. 316-II]

[Andrew Bennett].

9Statutory Instruments,—Eighth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 66-viii] [Brian White].

10Treasury,—Minutes of Evidence taken before the Treasury Committee [Impact of China on the world and UK economy]; to be printed [No. 314-i] [Mr John McFall].


[No. 36; WH, No. 20]

Tuesday 8th February 2005.

The House sitting in Westminster Hall

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

Adjournment,—Resolved, That the sitting be now adjourned.—(Mr Jim Murphy.)

And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 4.24 p.m.


[No. 37.]

Wednesday 9th February 2005.

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

PRAYERS.

1Sixth Standing Committee on Delegated Legislation,—Mr Alan Hurst reported from the Sixth Standing Committee on Delegated Legislation the draft Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2005.

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

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

Draft Children (Contact) and Adoption Bill,—The Lords communicate that they have appointed a Committee of six Lords to join with the Committee appointed by the Commons to consider and report on the draft Children (Contact) and Adoption Bill presented to both Houses on 2nd February 2005 (Cm. 6462);

That the Committee have power to agree with the Commons in the appointment of a Chairman;

That the Committee have leave to report from time to time;

That the Committee have power to appoint specialist advisers;

That the Committee have power to adjourn from place to place within the United Kingdom;

That the quorum of the Committee shall be two;

That the Reports of the Committee from time to time shall be printed, notwithstanding any adjournment of the House;

That the Committee do report on the draft Bill by 26th May 2005.

3Audible Motor Vehicle Alarms Bill,—Norman Baker, supported by Mr Alan Meale, Mr John Randall, Bob Russell, Mr Nigel Jones and Tony Wright, presented a Bill to establish requirements about the noise levels of, and the duration of noise emitted by, audible alarms within motor vehicles; to make provision about tests on motor vehicles in that connection; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 18th March and to be printed [Bill 58].

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4Road Safety (Pillion Passengers),—Ordered, That leave be given to bring in a Bill to make provision about protective helmets for children riding on motor cycles as pillion passengers; to make further provision about motor cycle construction and use in relation to pillion passengers; to make it an offence to carry a child as a pillion passenger without parental consent; and for connected purposes: And that Mr Nigel Waterson, Mr John Horam, Mr Peter Ainsworth, Mr Robert Walter, Mr Roger Gale, Mr Julian Brazier, Mr Richard Spring, Mr Harry Barnes, Mr Edward O'Hara, Tom Cox, Mrs Jacqui Lait and Mr Bill Wiggin do prepare and bring it in.

5Road Safety (Pillion Passengers) Bill,—Mr Nigel Waterson accordingly presented a Bill to make provision about protective helmets for children riding on motor cycles as pillion passengers; to make further provision about motor cycle construction and use in relation to pillion passengers; to make it an offence to carry a child as a pillion passenger without parental consent; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 18th March and to be printed [Bill 59].

6European Union Bill,—The Order of the day being read, for the Second Reading of the European Union Bill;

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

Mr Secretary Straw acquainted the House, That he had it in command from the Queen to acquaint the House that Her Majesty, having been informed of the purport of the Bill, has consented to place Her prerogative and interest, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill.

And the Question being proposed;

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 European Union Bill because, whilst it enables the broadly-supported and necessary Referendum to be held on the Constitution for Europe, it also provides for the implementation into UK law of that Constitution for Europe; it enshrines the primacy of European Union law and puts in place many of the elements of a state; it transfers further powers to the European Union institutions and further promotes the concept of a common foreign and security policy and a common economic policy; it further encourages the over-implementation of European regulations; it extends the powers to legislate by order; it extends the competences of the European Union in many areas including asylum and immigration, criminal and civil law; and it therefore further diminishes the sovereignty of the United Kingdom', instead thereof.—(Mr Michael Ancram.)

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

The House divided.

Tellers for the Ayes, Gregory Barker, Mr Geoffrey Clifton-Brown: 131.

Tellers for the Noes, Joan Ryan, Mr Nick Ainger: 348.

So the Question was negatived.

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, Joan Ryan, Mr Nick Ainger: 345.

Tellers for the Noes, Gregory Barker, Mr Geoffrey Clifton-Brown: 130.

So the Question was agreed to.

The Bill was accordingly read a second time.

7European Union 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 European Union Bill:

Committal

1. The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee

2.—(1) Proceedings in Committee of the whole House shall be completed in three days.

(2) Those proceedings shall be taken in the order shown in the first column of the following Table and shall be brought to a conclusion (so far as not previously concluded) at the times specified in the second column.

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(3) Standing Order No. 83B (Programming committees) shall not apply to the proceedings on the Bill in Committee of the whole House.

Proceedings Time for conclusion of proceedings
First and second day
Clause No. 1, Schedule No. 1, Clauses Nos. 2 to 4, Schedule No. 2, new Clauses relating to Part 1, new Schedules relating to Part 1Three hours after the commencement of proceedings on the Bill on the second day.
Clause No. 5, new Clauses relating to Part 2, new Schedules relating to Part 2The moment of interruption on the second day or three hours after the commencement of proceedings on Clause No. 5, whichever is the later.
Third day
Clause No. 6, Schedule No. 3, Clauses Nos. 7 and 8, new Clauses relating to Part 3, new Schedules relating to Part 3, remaining proceedings on the BillFive hours after the commencement of proceedings on Clause No. 6.

Consideration and Third Reading

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

4. Proceedings on Third Reading shall be brought to a conclusion (so far as not previously concluded) one hour after the commencement of those proceedings or at the moment of interruption on the day on which they are commenced, whichever is the earlier.

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

Programming of other proceedings

6. 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—(Gillian Merron);

The House divided.

Tellers for the Ayes, Mr Nick Ainger, Joan Ryan: 288.

Tellers for the Noes, Gregory Barker, Mr Geoffrey Clifton-Brown: 166.

So the Question was agreed to.

8European Union Bill [Money],—Her Majesty's Recommendation having been signified to the proposed Motion relating to European Union 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 European Union Bill, it is expedient to authorise—

(1) the payment out of money provided by Parliament of—

(a) expenditure incurred by a Minister of the Crown or government department by virtue of the Act; and

(b) any increase attributable to the Act in the sums payable out of such money under any other Act;

(2) the payment out of the Consolidated Fund of—

(a) charges paid by the Electoral Commission in respect of services rendered, or expenses incurred, by or on behalf of the Chief Counting Officer or a counting officer in connection with the referendum for which the Act provides;

(b) sums payable in respect of increases of superannuation contributions required to be paid by local authorities in consequence of fees paid as part of those charges;

(c) sums in respect of expenses incurred in accordance with an order relating to the holding or conduct of a referendum in Gibraltar;

(d) any increase attributable to the Act in the sums charged on and falling to be paid out of that Fund under any other Act;

(3) the payment out of the National Loans Fund of any increase attributable to the Act in the sums payable out of that Fund under any other Act—(Gillian Merron):—It was agreed to.

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9European Union 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 European Union Bill, it is expedient to authorise—

(1) charges to taxation of the European Union that is to be established by the Treaty signed at Rome on 29th October 2004 establishing a Constitution for Europe;

(2) the modification of the power of the Treasury by order under the European Communities Act 1972 to make provision about the imposition of customs duties on goods; and

(3) the payment into the Consolidated Fund or the National Loans Fund of sums received by a Minister of the Crown or government department by virtue of the Act—(Gillian Merron):—It was agreed to.

10Adjournment,—Resolved, That this House do now adjourn.—(Gillian Merron.)

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

[Adjourned at 8.08 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1Child Trust Funds,—Draft Child Trust Funds (Appeals) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Johnson].

2Child Trust Funds (Northern Ireland),—Draft Child Trust Funds (Appeals) (Northern Ireland) Regulations 2005 [by Statutory Instrument], with an Explanatory Memorandum [by Command] [Mr Stephen Timms].

3Electricity,—Draft Renewables Obligation Order 2005 [by Act], an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].

4Justices of the Peace,—Draft Courts Act 2003 (Consequential Provisions) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Christopher Leslie].

5National Lottery,—Draft New Opportunities Fund (Specification of Initiative) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Tessa Jowell].

6Northern Ireland,—(1) Draft Budget (Northern Ireland) Order 2005; and

(2) draft Special Educational Needs and Disability (Northern Ireland) Order 2005

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

7Pensions,—(1) Draft Occupational Pension Schemes (Levies) Regulations 2005; and

(2) draft Occupational Pension Schemes (Modification of Pension Protection Provisions) Regulations 2005

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

8Public Audit,—Draft Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Peter Hain].

9Regulatory Reform,—Draft Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005, with a Statement by the Department of Health and the National Assembly for Wales [by Act] [Mr Secretary Reid].

10Social Security,—Draft Social Security Commissioners (Procedure) (Child Trust Funds) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy].

11Town and Country Planning,—Draft Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

Papers subject to Negative Resolution:

12Customs and Excise,—Export Control (Iraq and Ivory Coast) Order 2005 (S.I., 2005, No. 232), dated 7th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].

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13Environmental Protection,—End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (S.I., 2005, No. 263), dated 8th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].

14Family Proceedings,—Family Proceedings (Amendment) Rules 2005 (S.I., 2005, No. 264), dated 7th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Christopher Leslie].

15Judgments,—European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (S.I., 2005, No. 265), dated 7th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Christopher Leslie].

16Security Industry,—(1) Private Security Industry (Licences) (Amendment) Regulations 2005 (S.I., 2005, No. 237);

(2) Private Security Industry Act 2001(Designated Activities) Order 2005 (S.I., 2005, No. 234);

(3) Private Security Industry Act 2001(Duration of Licence) Order 2005 (S.I., 2005, No. 235); and

(4) Private Security Industry Act 2001(Repeal and Revocation) Order 2005 (S.I., 2005, No. 248),

dated 7th February 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Clarke].

Other Papers:

17Public Accounts,—Treasury Minutes on the Fifty-first and Fifty-second Reports from the Committee of Public Accounts, Session 2003–04 [by Command] [Cm. 6458] [Mr Stephen Timms].

18Treaty Series (No. 1, 2005),—Amendment to the Agreement, done at Washington on 14th June 2004, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America for Cooperation on the Uses of Atomic Energy for Mutual Defence Purposes [by Command] [Cm. 6471] [Mr Secretary Straw].

Papers withdrawn:

19Employment and Training,—Draft Industrial Training Levy (Engineering Construction Board) Order 2005 [laid 10th January].

20Public Audit,—Draft Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005 [laid 4th February].

APPENDIX II

Standing Committees

1Draft Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2005:

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

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Peter Ainsworth, Mr David Atkinson, Mr Tim Boswell, Mr Colin Challen, David Hamilton, Paul Holmes, Huw Irranca-Davies, Helen Jones, Jane Kennedy, Mr Terry Lewis, Siobhain McDonagh, Chris Mole, Margaret Moran, Adam Price, Mr John Randall and Syd Rapson.

2Licensing Act 2003 (Fees) Regulations 2005 (S.I., 2005, No. 79):

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

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Chris Bryant, Mr James Clappison, Mr David Clelland, Mr Geoffrey Clifton-Brown, Mr David Drew, Mr Adrian Flook, Mr Don Foster, Mr Roger Godsiff, Mr David Lammy, Laura Moffatt, Mr Malcolm Moss, Bridget Prentice, Bob Russell, Mr Martin Salter, Ms Gisela Stuart and Derek Wyatt.

3Draft Drainage (Amendment) (Northern Ireland) Order 2005:

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

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(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Ms Candy Atherton, Hugh Bayley, David Burnside, Mr Vernon Coaker, Mrs Louise Ellman, Mr Tom Harris, Mr Douglas Hogg, Mr Lindsay Hoyle, Mr Michael Jack, Mr David Kidney, Mr Edward Leigh, Mr Peter Luff, John Mann, Lembit O­pik, Mr Ian Pearson and Keith Vaz.

4Draft Scotland Act 1998 (Modifications of Schedule 5) Order 2005, the draft Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 and the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005:

(1) The Speaker has allocated the draft Orders to the Fourth Standing Committee on Delegated Legislation; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Harry Barnes, Tom Cox, Angela Eagle, Paul Flynn, Mr Ian Liddell-Grainger, Mrs Anne McGuire, Mr Jim Murphy, Mr Ken Purchase, Mrs Barbara Roche, Andrew Selous, Sir Robert Smith, Mr Paul Stinchcombe, Mr Ian Taylor, Dr Desmond Turner, Mr Bill Wiggin and Pete Wishart.

5Draft Gangmasters (Licensing Authority) Regulations 2005:

(1) The Speaker has allocated the draft Regulations to the Fifth Standing Committee on Delegated Legislation; and

(2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Nick Ainger, Peter Bradley, Andrew George, Patrick Hall, Mr Nick Hawkins, Mr Michael Jack, Alun Michael, Mr Owen Paterson, Joyce Quin, Alan Simpson, Mr Marsha Singh, Paddy Tipping, Jon Trickett, Mr Paul Truswell, Mr Roger Williams and Mr David Wilshire.

6Draft Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2005,—The Committee of Selection has discharged Hugh Bayley, Mr Michael Clapham and Alan Howarth from the Sixth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Tony Cunningham, Mr Eric Joyce and David Wright.

APPENDIX III

Reports from Select Committees

1Constitutional Affairs,—(1) Minutes of Evidence taken before the Constitutional Affairs Committee [Legal aid: asylum appeals]; to be printed [No. 276-i]; and

(2) Memoranda laid before the Committee [The operation of the Special Immigration Appeals Commission (SIAC)]; to be printed [No. 323-II]

[Mr A. J. Beith].

2Defence,—Minutes of Evidence taken before the Defence Committee [Iraq]; to be printed [Nos. 65-iv and -v] [Bruce George].

3Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [Every Child Matters]; to be printed [No. 40-vii] [Mr Barry Sheerman].

4Environment, Food and Rural Affairs,—Minutes of Evidence taken before Environment, Food and Rural Affairs Committee [The work of Defra]; to be printed [No. 330-i] [Mr Michael Jack].

5Environmental Audit,—Minutes of Evidence taken before Environmental Audit Committee [Pre-Budget 2004: the road ahead]; to be printed [No. 261-iv] [Mr Peter Ainsworth].

6Human Rights,—(1) Seventh Report from the Joint Committee on Human Rights [Scrutiny: Third Progress Report]; together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 333]; and

(2) Minutes of Evidence taken before the Committee [Government's response to the House of Lords' Belmarsh Judgment]; to be printed [No. 334-i]

[Jean Corston].

7International Development,—(1) Second Report from the International Development Committee [Work of the Committee in 2004]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 326];

(2) Second Special Report from the Committee [Government Response to the Eighth Report from the Committee, Session 2003–04, on the Department for International Development: Departmental Report 2004]; to be printed [No. 327];

(3) Minutes of Evidence taken before the Committee [Darfur, Sudan: Crisis, response and lessons]; to be printed [No. 67-iv]; and

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(4) Minutes of Evidence taken before the Committee [Responses to the Asian tsunami earthquake disaster]; to be printed [No. 328-i]

[Tony Baldry].

8Northern Ireland Affairs,—(1) Fifth Report from the Northern Ireland Affairs Committee [The Functions of the Office of the Police Ombudsman for Northern Ireland], 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. 344]; and

(2) Minutes of Evidence taken before the Committee [Reconciliation: Ways of dealing with Northern Ireland's past]; to be printed [No. 303-ii]

[Mr Michael Mates].

9Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [Home Office: Reducing Vehicle Crime]; to be printed [No. 332-i] [Mr Edward Leigh].

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

11Transport,—Minutes of Evidence taken before the Transport Committee [Search and Rescue]; to be printed [No. 322-i] [Mrs Gwyneth Dunwoody].

12Treasury,—Minutes of Evidence taken before the Sub-Committee of the Treasury Committee [Performance Targets and Monitoring]; to be printed [No. 331] [Mr John McFall].

13Welsh Affairs,—(1) Second Report from the Welsh Affairs Committee [Manufacturing and Trade in Wales], 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. 329];

(2) Third Report from the Committee [Public Services Ombudsman (Wales) Bill [Lords]], 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. 234]; and

(3) Minutes of Evidence taken before the Committee [Police Service, Crime and Anti-Social Behaviour in Wales]; to be printed [No. 46-vi]

[Mr Martyn Jones].

14Work and Pensions,—Minutes of Evidence taken before the Work and Pensions Committee [Service Delivery to Minority Ethnic Customers]; to be printed [No. 268-i] [Sir Archy Kirkwood].


[No. 37; WH, No. 21]

Wednesday 9th February 2005.

The House sitting in Westminster Hall

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

Adjournment,—Resolved, That the sitting be now adjourned.—(Gillian Merron.)

And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 4.29 p.m.


[No. 38.]

Thursday 10th February 2005.

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

PRAYERS.

1Seventh Standing Committee on Delegated Legislation,—Mr Bill O'Brien reported from the Seventh Standing Committee on Delegated Legislation the draft Gender Recognition (Approved Countries and Territories) Order 2005.

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

2Eighth Standing Committee on Delegated Legislation,—Mr Nigel Beard reported from the Eighth Standing Committee on Delegated Legislation the draft Industrial Training Levy (Construction Board) Order 2005.

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

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3Ninth Standing Committee on Delegated Legislation,—Mr Peter Pike reported from the Ninth Standing Committee on Delegated Legislation the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 (S.I., 2004, No. 3244).

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

4Tenth Standing Committee on Delegated Legislation,—Janet Anderson reported from the Tenth Standing Committee on Delegated Legislation the draft Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2005.

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

5Second Chamber of Parliament Bill,—Mr Paul Tyler, supported by Mr Kenneth Clarke, Mr Robin Cook, Tony Wright and Sir George Young, presented a Bill to make provision for and in connection with membership of the Second Chamber of Parliament: And the same was read the first time; and ordered to be read a second time on Friday 8th April and to be printed [Bill 60].

6Identity Cards Bill (Programme) (No. 2),—A Motion was made, and the Question being proposed, That the Order of 20th December 2004 (Identity Cards Bill (Programme)) be varied as follows:

For paragraph 4 substitute—

4. Proceedings on consideration shall be taken in the order shown in the first column of the following Table and shall be brought to a conclusion (so far as not previously concluded) at the times specified in the second column.

Proceedings Time for conclusion of proceedings
New Clauses relating to the purposes and scope of registration and identity cards2.45 p.m. on the day on which proceedings on consideration are commenced.
New Clauses relating to the National Identity Scheme Commissioner; Amendments relating to Clauses Nos. 24 and 253.45 p.m. on that day.
Remaining new Clauses, Amendments relating to Clauses Nos. 1 to 23, Amendments relating to Clause No. 26, Amendments relating to Clauses Nos. 33 to 45, new Schedules, Amendments relating to Schedules Nos. 1 and 24.30 p.m. on that day.
Amendments relating to Clauses Nos. 27 to 32 and any remaining proceedings on consideration5.00 p.m. on that day.
—(Mr Desmond Browne);

And it being three-quarters of an hour after the commencement of proceedings on the Motion, the Deputy Speaker put the Question, pursuant to Standing Order No. 83A (Programme motions).

The House divided.

Tellers for the Ayes, Mr Nick Ainger, Mr Jim Murphy: 220.

Tellers for the Noes, Mr Peter Atkinson, Mr Mark Prisk: 131.

So the Question was agreed to.

7Identity Cards Bill,—The House, according to Order, proceeded to consider the Identity Cards Bill, as amended in the Standing Committee.

A Clause (NC1) (National Identification Scheme)—(Mr Humfrey Malins)—brought up, and read the first time.

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

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

The House divided.

Tellers for the Ayes, Gregory Barker, Mr John Randall: 128.

Tellers for the Noes, Gillian Merron, Margaret Moran: 221.

Another Clause (NC4) (Application of Freedom of Information Act)—(Mr Humfrey Malins)—brought up, and read the first time.

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

And it being a quarter to Four o'clock, the Deputy Speaker put the Question.

The House divided.

Tellers for the Ayes, Mr Mark Prisk, Mr Geoffrey Clifton-Brown: 126.

Tellers for the Noes, Gillian Merron, Margaret Moran: 233.

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The Deputy Speaker then put the Question on an Amendment moved by a Minister of the Crown to be disposed of at that hour.

Amendment (No. 56) made to the Bill.

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

Another Amendment (No. 26) proposed to the Bill, in page 22, line 3, to leave out the words ‘make a report to the Secretary of State' and insert the words ‘lay before each House of Parliament a general report', instead thereof.—(Mr Humfrey Malins.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Mr Mark Prisk, Mr John Randall: 125.

Tellers for the Noes, Mr Tom Watson, James Purnell: 236.

Another Clause (NC3) (Disclosure from the Register: unlawful activities)—(Patrick Mercer)—brought up, and read the first time.

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

And it being half-past Four o'clock, the Deputy Speaker put the Question:—It was negatived.

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

Another Amendment (No. 44) proposed to the Bill, in page 4, line 43, at the end, to insert the words—

‘(d) state that the individual does not consent to be included in the Register on the basis of the application.'.—(Mr Richard Allan.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Mr Alan Reid, Sir Robert Smith: 54.

Tellers for the Noes, Mr Tom Watson, James Purnell: 227.

The Deputy Speaker then put the Question on the Amendments moved by a Minister of the Crown to be disposed of at that hour.

Other Amendments (Nos. 52 to 55) made to the Bill.

Other Amendments (Nos. 57 to 60 and 75 to 78) made to the Bill.

A Motion being made, That the Bill be now read the third time;

Mr Secretary Clarke, by Her Majesty's Command, acquainted the House, That Her Majesty, having been informed of the purport of the Bill, gives her Consent, as far as Her Majesty's prerogative is concerned, That the House may do therein as it shall think fit.

And the Question being proposed;

And it being Six o'clock, the Deputy Speaker put the Question, pursuant to Order [20th December].

The House divided.

Tellers for the Ayes, Mr Nick Ainger, Mr Vernon Coaker: 224.

Tellers for the Noes, Sir Robert Smith, Bob Russell: 64.

So the Question was agreed to.

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

8Extradition,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Extradition Act 2003 (Amendment to Designations) Order 2005, which was laid before this House on 13th January, be approved—(Mr Thomas McAvoy):—It was agreed to.

9Immigration,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Asylum (Designated States) Order 2005, which was laid before this House on 18th January, be approved—(Mr Thomas McAvoy):—It was agreed to.

10European Defence Market Equipment,—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. 13177/04, on the European Commission Green Paper on Defence Procurement; endorses the Government's support for the Green Paper's aim to open up a debate on the competitiveness of the European defence industry; and supports the Government's wider objective to create an effective and competitive European defence equipment market—(Mr Thomas McAvoy):—It was agreed to.

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11Business of the House,—Ordered, That, at the sitting on Tuesday 22nd February, notwithstanding the provisions of Standing Order No. 16 (Proceedings under an Act or on European Union documents), the Speaker shall put the Questions necessary to dispose of proceedings on the Motions in the name of Mr Secretary Johnson relating to Social Security and Pensions not later than three hours after the commencement of proceedings on the first Motion; proceedings may continue after the moment of interruption; and Standing Order No. 41A (Deferred divisions) shall not apply.—(Mr Thomas McAvoy.)

12Electoral Registration (Northern Ireland) Bill [Lords],—Ordered, That, in respect of the Electoral Registration (Northern Ireland) Bill [Lords], notices of Amendments, new Clauses and new Schedules to be moved in Committee may be accepted by the Clerks at the Table before the Bill has been read a second time.—(Mr Thomas McAvoy.)

13Adjournment,—Resolved, That this House do now adjourn.—(Mr Thomas McAvoy.)

And accordingly, the House, having continued to sit till twenty-two minutes to Seven o'clock, adjourned till Monday 21st February, pursuant to Resolution [1st February].

[Adjourned at 6.38 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1Criminal Law,—Draft Criminal Justice and Police Act 2001 (Amendment) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

2Environmental Protection,—Draft Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].

3Fees and Charges,—Draft Immigration (Application Fees) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

4Financial Services and Markets,—(1) Draft Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) (Amendment) Order 2005; and

(2) draft Open-Ended Investment Companies (Amendment) Regulations 2005

[by Act], with Explanatory Memoranda thereon [by Command] [Mr Stephen Timms].

Papers subject to Negative Resolution:

5Financial Services and Markets,—(1) Financial Services and Markets Act 2000 (Disclosure of Information by Prescribed Persons) (Amendment) Regulations 2005 (S.I., 2005, No. 272);

(2) Financial Services and Markets Act 2000 (Financial Promotion and Promotion of Collective Investment Schemes) (Miscellaneous Amendments) Order 2005 (S.I., 2005, No. 270); and

(3) Financial Services and Markets Act 2000 (Service of Notices) (Amendment) Regulations 2005 (S.I., 2005, No. 274),

dated 9th February 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Stephen Timms].

6Representation of the People,—Representation of the People (Variation of Limits of Candidates' Election Expenses) Order 2005 (S.I., 2005, No. 269), dated 7th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Christopher Leslie].

7Road Traffic,—Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Havant) Order 2005 (S.I., 2005, No. 233), dated 8th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

8Social Security,—(1) Social Security Pensions (Low Earnings Threshold) Order 2005 (S.I., 2005, No. 217); and

(2) Social Security Revaluation of Earnings Factors Order 2005 (S.I., 2005, No. 216),

dated 4th February 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Johnson].

9Supreme Court of England and Wales,—Non-Contentious Probate Fees (Indian Ocean Tsunami) Order 2005 (S.I., 2005, No. 266), dated 8th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy].

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10Town and Country Planning,—(1) Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005 (S.I., 2005, No. 206); and

(2) Town and Country Planning (Timetable for Decisions) (England) Order 2005 (S.I., 2005, No. 205),

dated 3rd February 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Prescott].

11Water Industry,—Water and Sewerage Undertakers (Inset Appointments) Regulations 2005 (S.I., 2005, No. 268), dated 9th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett].

Other Papers:

12Environment, Food and Rural Affairs,—Draft Natural Environment and Rural Communities Bill [by Command] [Cm. 6460] [Secretary Margaret Beckett].

13Northern Ireland (Monitoring Commission etc.),—Fourth Report of the Independent Monitoring Commission [by Statutory Instrument]; to be printed [No. 308] [Mr Secretary Murphy].

14Overseas Territories,—Ivory Coast (Restrictive Measures) (Overseas Territories) Order 2005 (S.I., 2005, No. 242), dated 9th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Straw].

15Public Petitions,—Observations by the Deputy Prime Minister on the Petition [12th January] from residents of Caersws, Llanwnog and the surrounding area for the removal of the radio mast in Manthrig Lane, Caersws, Powys [by Standing Order]; to be printed [Clerk of the House].

16United Nations,—Ivory Coast (United Nations Sanctions) Order 2005 (S.I., 2005, No. 253), dated 9th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Chancellor of the Exchequer].

APPENDIX II

Standing Committees

1Draft Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2005,—The Speaker has appointed Mr Kevin Hughes Chairman of the First Standing Committee on Delegated Legislation in respect of the draft Regulations.

2Licensing Act 2003 (Fees) Regulations 2005 (S.I., 2005, No. 79):

(1) The Speaker has appointed Mr Bill O'Brien Chairman of the Second Standing Committee on Delegated Legislation in respect of the Regulations; and

(2) The Committee of Selection has discharged Mr David Lammy, Laura Moffatt and Bridget Prentice from the Second Standing Committee on Delegated Legislation (nominated in respect of the Regulations) and nominated in substitution Mr Richard Caborn, Mr Ben Chapman and Mr Tom Watson.

3Draft Drainage (Amendment) (Northern Ireland) Order 2005,—The Speaker has appointed Mr Joe Benton Chairman of the Third Standing Committee on Delegated Legislation in respect of the draft Order.

4Draft Scotland Act 1998 (Modifications of Schedule 5) Order 2005, draft Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 and draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005,—The Speaker has appointed Derek Conway Chairman of the Fourth Standing Committee on Delegated Legislation in respect of the draft Orders.

5Draft Gangmasters (Licensing Authority) Regulations 2005,—The Speaker has appointed Mr Nigel Beard Chairman of the Fifth Standing Committee on Delegated Legislation in respect of the draft Regulations.

6Draft Gender Recognition (Approved Countries and Territories) Order 2005,—The Committee of Selection has discharged Mr Roger Godsiff, Mrs Helen Liddell and Mr Martin Salter from the Seventh Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Jon Cruddas, Mr Ian Davidson and Mr Eric Martlew.

7Draft Industrial Training Levy (Construction Board) Order 2005),—The Committee of Selection has discharged Chris Grayling, Mr Austin Mitchell and Mr John Smith from the Eighth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mark Hendrick, Mr Mark Hoban and Huw Irranca-Davies.

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8Draft Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2005),—The Committee of Selection has discharged Mr Alan Campbell from the Tenth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr Wayne David.

European Standing Committees

9The Speaker has appointed Mr John Cummings Chairman of European Standing Committee A in respect of European Union Documents Nos. 11557/04 and 11495/04 on Financing of Agriculture and Rural Development Policy.

10The Speaker has appointed Mr John Cummings Chairman of European Standing Committee B in respect of European Union Document No. 9050/04 on European Agency for Safety and Health at Work.

11Unnumbered Explanatory Memorandum dated 2 February 2005, submitted by HM Treasury, relating to the 2003 Annual Report of the European Court of Auditors, has been referred to European Standing Committee B together with European Union Documents Nos. 14549/04, 11890/04 and 11981/04 and Addenda 1 and 2, relating to the European Anti-Fraud Office (OLAF) and the fight against fraud, already referred to the Committee on 13th October 2004 and 12th January 2005.

APPENDIX III

Reports from Select Committees

1European Scrutiny,—(1) Eighth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 38-viii]; and

(2) Memoranda laid before the Committee [Ministerial Correspondence]

[Mr Jimmy Hood].

2Health,—Minutes of Evidence taken before the Health Committee [New Developments in HIV/AIDS and Sexual Health Policy]; to be printed [No. 252-ii] [Mr David Hinchliffe].

3Home Affairs,—Minutes of Evidence taken before the Home Affairs Committee [Terrorism and Community Relations]; to be printed [No. 165-iv] [Mr John Denham].

4Public Administration,—Third Report from the Select Committee on Public Administration [Response to the Government's Consultation on the Civil Service Bill]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 336] [Tony Wright].

5Treasury,—(1) Third Report from the Treasury Committee [Work of the Treasury Committee in 2004], to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 335];

(2) Minutes of Evidence taken before the Committee [Cash machine charges]; to be printed [No. 191-iii];

(3) Memoranda laid before the Committee [Long-term savings]; and

(4) Memoranda laid before the Committee [Work of the Committee in 2004]

[Mr John McFall].


[No. 38; WH, No. 22]

Thursday 10th February 2005.

The House sitting in Westminster Hall

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

Adjournment (Obesity—Third Report from the Health Committee, Session 2003–04, and the Government's response thereto),—Resolved, That the sitting be now adjourned.—(Miss Melanie Johnson.)

And accordingly the sitting was adjourned till Tuesday 22nd February.

[Adjourned at 6 p.m.



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