Commons Journal 261 Chronological Index Alphabetical Index - Part I Alphabetical Index - Part II Previous Next Page 189            2004-2005      Volume 261       [No. 44.] Monday 28th February 2005. The House met at half-past Two o'clock. PRAYERS. 1 Message from the Queen,—The Vice-Chamberlain of the Household reported to the House, That the Address of 19th January, praying that Her Majesty would re-appoint as Electoral Commissioners— (1) Pamela Joan Gordon for the period of two years; and (2) Sir Neil William David McIntosh KBE for the period of three years, was presented to Her Majesty, who was graciously pleased to comply with the request. 2 First Standing Committee on Delegated Legislation,—Mr Mike Hancock reported from the First Standing Committee on Delegated Legislation the draft Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005. Minutes of Proceedings of the Committee to lie upon the Table. 3 Second Standing Committee on Delegated Legislation,—Janet Anderson reported from the Second Standing Committee on Delegated Legislation the Financing of Maintained Schools (England) Regulations 2004 (S.I., 2004, No. 3130) and the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2004 (S.I., 2004, No. 3131). Minutes of Proceedings of the Committee to lie upon the Table. 4 Fifth Standing Committee on Delegated Legislation,—Mr Nigel Beard reported from the Fifth Standing Committee on Delegated Legislation the draft Gangmasters (Licensing Authority) Regulations 2005. Minutes of Proceedings of the Committee to lie upon the Table. 5 Right of Reply and Press Standards Bill,—The Order for reading the Right of Reply and Press Standards Bill a second time this day was read and discharged. Bill to be read a second time on Friday 8th April. 6 Drugs (Sentencing and Commission of Inquiry) Bill,—The Order for reading the Drugs (Sentencing and Commission of Inquiry) Bill a second time this day was read and discharged. Bill to be read a second time on Friday 4th March. 7 School Meals and Nutrition Bill,—The Order for reading the School Meals and Nutrition Bill a second time this day was read and discharged. Bill to be read a second time on Friday 15th April. 8 Prevention of Terrorism Bill (Programme) (No. 2),—A Motion was made, and the Question being proposed, That the following provisions shall apply to the Prevention of Terrorism Bill for the purpose of supplementing the Order of 23rd February 2005— 1. Paragraphs 3 and 4 of that Order shall be omitted. 2. Proceedings in Committee of the whole House and any proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion six hours after the commencement of proceedings on the Motion for this Order or at 10.00 p.m., whichever is the later. 3. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion one hour after the commencement of those proceedings—(Ms Hazel Blears); 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 Tom Watson, Bridget Prentice: 278. Tellers for the Noes, Sir Robert Smith, Mr David Ruffley: 185. So the Question was agreed to. Page 190      Monday 28th February 2005       2004-2005      Volume 261      Back to top 9 Prevention of Terrorism Bill,—The House, according to Order, resolved itself into a Committee on the Prevention of Terrorism Bill. (In the Committee) Clause No. 1 (Power to make control orders). Amendment (No. 4) proposed, in page 1, line 3, to leave out the word ‘make' and insert the words ‘apply to the court for'.—(Mr Win Griffiths.) Question put, That the Amendment be made. The Committee divided. Tellers for the Ayes, Mr Clive Betts, Richard Burden: 253. Tellers for the Noes, Paul Clark, James Purnell: 267. And it being after Ten o'clock, the Chairman, pursuant to Order [this day], put the Question on a new Clause selected for separate decision. A Clause (NC6) (Power to make control orders)—(Mr Dominic Grieve)—brought up, and read the first time. Question put, That the Clause be added to the Bill. The Committee divided. Tellers for the Ayes, Mr Crispin Blunt, Sir Robert Smith: 194. Tellers for the Noes, Mr Vernon Coaker, Mr Nick Ainger: 284. The Chairman then put the Question necessary to bring proceedings in Committee to a conclusion. Question put, That Clauses Nos. 1 to 13 stand part of the Bill and the Schedule be the Schedule to the Bill. The Committee divided. Tellers for the Ayes, Mr Nick Ainger, Mr Vernon Coaker: 281. Tellers for the Noes, Sir Robert Smith, Mr David Ruffley: 198. Whereupon the Chairman left the Chair to report the Bill to the House. The Deputy Speaker resumed the Chair; and Margaret Moran reported, That the Committee had gone through the Bill, and made no Amendment thereunto. A Motion was made, and the Question being proposed, That the Bill be now read the third time; And it being one hour after the commencement of proceedings on Third Reading, the Deputy Speaker put the Question, pursuant to Order [this day]. The House divided. Tellers for the Ayes, Mr Nick Ainger, Mr Vernon Coaker: 272. Tellers for the Noes, Mr Crispin Blunt, Sir Robert Smith: 219. So the Question was agreed to. The Bill was accordingly read the third time, and passed. 10 Constitutional Law,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005, which was laid before this House on 18th January, be approved—(Mr Jim Murphy):—It was agreed to. 11 Constitutional Law,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Scotland Act 1998 (Modifications of Schedule 5) Order 2005, which was laid before this House on 9th December, be approved—(Mr Jim Murphy):—It was agreed to. 12 Constitutional Law,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005, which was laid before this House on 25th January, be approved—(Mr Jim Murphy):—It was agreed to. 13 Northern Ireland,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Drainage (Amendment) (Northern Ireland) Order 2005, which was laid before this House on 26th January, be approved—(Mr Jim Murphy):—It was agreed to. Page 191      Monday 28th February 2005       2004-2005      Volume 261      Back to top 14 Regulatory Reform,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 18 (Consideration of draft regulatory reform orders), That the draft Regulatory Reform (Prison Officers) (Industrial Action) Order 2005, which was laid before this House on 11th January, be approved—(Mr Jim Murphy):—It was agreed to. 15 Financing of Agricultural and Rural Development Policy,—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 Documents No. 11557/04, draft Regulation on the financing of the Common Agricultural Policy, and No. 11495/04 and Addenda 1 to 9, draft Regulation on support for rural development by the European Agricultural Fund for Rural Development; and supports the Government's objective of encouraging and sustaining development in rural areas through diverse, competitive and sustainable farming methods, in line with Common Agricultural Policy reform already agreed in June 2003 and consistent with the wider EU's shared rural development and environmental priorities—(Mr Jim Murphy):—It was agreed to. 16 Business of the House,—Ordered, That, at the sitting on Monday 7th March, 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 Motion in the name of Mr Stephen Timms relating to Future European Union Finances not later than three hours after their commencement; and the proceedings may continue, though opposed, after the moment of interruption.—(Mr Jim Murphy.) 17 Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr Jim Murphy); Tuesday 1st March 2005 And the Motion having been made after Ten o'clock on Monday evening, and the Debate having continued for half an hour, the Deputy Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then twenty-nine minutes past Twelve o'clock on Tuesday morning, till this day. [Adjourned at 12.29 a.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Affirmative Resolution: 1 Criminal Law,—Draft Remand in Custody (Effect of Concurrent and Consecutive Sentences of Imprisonment) Rules 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke]. Papers subject to Negative Resolution: 2 Education,—Education (Information as to Provision of Education) (England) (Amendment) Regulations 2005 (S.I., 2005, No. 346), dated 21st February 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Ruth Kelly]. 3 Road Traffic,—(1) Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Torbay) Order 2005 (S.I., 2005, No. 387), dated 22nd February 2005; (2) Road Traffic (Permitted Parking Area and Special Parking Area) (City of Coventry) Order 2005 (S.I., 2005, No. 378), dated 22nd February 2005; (3) Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Epsom and Ewell) Order 2005 (S.I., 2005, No. 388), dated 22nd February 2005; and (4) Tractor etc (EC Type-Approval) Regulations 2005 (S.I., 2005, No. 390), dated 24th February 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Darling]. 4 Supreme Court of England and Wales,—Civil Procedure (Amendment) Rules 2005 (S.I., 2005, No. 352), dated 21st February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy]. Other Papers: 5 Biological Standards,—Account of the National Biological Standards Board for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 384] [Clerk of the House]. Page 192      Monday 28th February 2005       2004-2005      Volume 261      Back to top 6 Marine and Aviation Insurance (War Risks),—Account of the Marine and Aviation Insurance (War Risks) Fund for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 383] [Clerk of the House]. 7 Museums and Galleries,—Account of the Imperial War Museum for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 382] [Clerk of the House]. 8 National Audit,—Report by the Comptroller and Auditor General on Financial management of the European Union [by Act]; to be printed [No. 289] [Clerk of the House]. 9 Public Petitions,—Observations by the Secretary of State for Trade and Industry on the Petition [18th January] from residents of Pudsey Constituency and others for a ban on doorstep cold calling by those offering property improvement, repair or maintenance [by Standing Order]; to be printed [Clerk of the House]. 10 School Standards and Framework,—Accounts of— (1) Peterlee Education Action Zone for 1st April 2004 to 9th January 2005; and (2) Southend Education Action Zone for 1st April to 30th November 2004 with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 379 and 380] [Clerk of the House]. 11 Severn Bridges,—Account prepared pursuant to section 28(1)(b) of the Severn Bridges Act 1992 for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 397] [Clerk of the House]. APPENDIX II Standing Committees 1 Draft Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005,—The Committee of Selection has discharged Mr Keith Bradley from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Dr Nick Palmer. 2 Draft Gangmasters (Licensing Authority) Regulations 2005,—The Committee of Selection has discharged Alan Simpson from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations) and nominated in substitution Jim Sheridan. APPENDIX III Reports from Select Committees 1 Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—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-ii] [Andrew Bennett]. 2 Public Accounts,—(1) Ninth Report from the Committee of Public Accounts [The Drug Treatment and Testing Order: early lessons]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 403]; and (2) Minutes of Evidence taken before the Committee [Improving school attendance in England]; to be printed [No. 404-i] [Mr Edward Leigh]. 3 Science and Technology,—Minutes of Evidence taken before the Science and Technology Committee [Strategic science provision in English Universities]; to be printed [No. 220-ii] [Dr Ian Gibson]. Page 193      Monday 28th February 2005       2004-2005      Volume 261      Back to top [No. 45.] Tuesday 1st March 2005. The House met at half-past Eleven o'clock. PRAYERS. 1 London 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 8th March. 2 Third Standing Committee on Delegated Legislation,—Mr Bill Olner reported from the Third Standing Committee on Delegated Legislation the draft Insolvency (Northern Ireland) Order 2005. Minutes of Proceedings of the Committee to lie upon the Table. 3 Fourth Standing Committee on Delegated Legislation,—Derek Conway reported from the Fourth Standing Committee on Delegated Legislation the draft Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 2005. Minutes of Proceedings of the Committee to lie upon the Table. 4 Sixth Standing Committee on Delegated Legislation,—Mr David Amess reported from the Sixth Standing Committee on Delegated Legislation the draft Company Directors Disqualification (Amendment) (Northern Ireland) Order 2005. Minutes of Proceedings of the Committee to lie upon the Table. 5 Seventh Standing Committee on Delegated Legislation,—Mr Bill O'Brien reported from the Seventh Standing Committee on Delegated Legislation the Code of Audit Practice for Local Government Bodies (2005) and the Code of Audit Practice for Local NHS Bodies (2005). Minutes of Proceedings of the Committee to lie upon the Table. 6 Message from the Lords,—A Message was brought from the Lords, as follows: International Organisations Bill [Lords],—The Lords have passed a Bill to make provision about privileges, immunities and facilities in connection with certain international organisations; to which the Lords desire the concurrence of this House. Inquiries Bill [Lords],—The Lords have passed a Bill to make provision about the holding of inquiries; to which the Lords desire the concurrence of this House. Disability Discrimination Bill [Lords],—The Lords have passed a Bill to amend the Disability Discrimination Act 1995; and for connected purposes; to which the Lords desire the concurrence of this House. 7 International Organisations Bill [Lords],—The International Organisations Bill [Lords] was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 69]. Ordered, That the Explanatory Notes relating to the International Organisations Bill [Lords] be printed [Bill 69–EN]. 8 Inquiries Bill [Lords],—The Inquiries Bill [Lords] was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 70]. Ordered, That the Explanatory Notes relating to the Inquiries Bill [Lords] be printed [Bill 70–EN]. 9 Disability Discrimination Bill [Lords],—The Disability Discrimination Bill [Lords] was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 71]. Ordered, That the Explanatory Notes relating to the Disability Discrimination Bill [Lords] be printed [Bill 71–EN]. 10 Small Renewable Energy Developments (Permitted Development) Bill,—Mr David Drew, supported by Mr David Chaytor, Alan Simpson, Mr Andrew Stunell, Norman Baker, Mr John Horam, Mr Simon Thomas, Sue Doughty, Mrs Patsy Calton and Peter Bottomley, presented a Bill to require the Secretary of State to extend permitted development status to small renewable energy developments and issue guidance to planning authorities in connection with such developments; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 15th April and to be printed [Bill 67]. Page 194      Tuesday 1st March 2005       2004-2005      Volume 261      Back to top 11 Bus Services (Quality Contracts Schemes),—Ordered, That leave be given to bring in a Bill to amend the requirements for making quality contract schemes under the Transport Act 2000: And that Mr Paul Truswell, Mr Dennis Turner, Mr David Clelland, Mr Clive Betts, Mr George Howarth, Mr Graham Stringer, Mr John Grogan, Colin Burgon, Mr Fabian Hamilton, Mr Colin Challen, Mr John Battle and Mr George Mudie do prepare and bring it in. 12 Bus Services (Quality Contracts Schemes) Bill,—Mr Paul Truswell accordingly presented a Bill to amend the requirements for making quality contract schemes under the Transport Act 2000: 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 68]. 13 Constitutional Reform Bill [Lords] [3rd allotted day],—The House, according to Order, resolved itself into a Committee on the Constitutional Reform Bill [Lords]. (In the Committee) Clause No. 8 (Head and Deputy Head of Criminal Justice). Amendment (No. 360) proposed, in page 4, line 29, at the end, to insert the words ‘in England and Wales'.—(Mr Dominic Grieve.) Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn. Amendment (No. 25) made. Clause, as amended, agreed to. Clause No. 9 (Head and Deputy Head of Family Justice). Amendment (No. 26) made. Clause, as amended, agreed to. Clause No. 10 agreed to. Schedule No. 1 (Powers to make rules). Amendments (Nos. 27 to 34, 490 and 370) made. Schedule, as amended, agreed to. Clause No. 11 agreed to. Schedule No. 2 (Powers to give directions). Amendments (Nos. 35, 36, 371, 372, 37, 38 and 373 to 375) made. Schedule, as amended, agreed to. Clause No. 12 agreed to. Schedule No. 3 (Transfer of appointment functions to Her Majesty). Amendment (No. 644) proposed, in page 63, line 6, to leave out the words ‘Supreme Court' and insert the words ‘Senior Courts'.—(Mr Christopher Leslie.) Question put, That the Amendment be made. The Committee divided. Tellers for the Ayes, Jim Fitzpatrick, Margaret Moran: 278. Tellers for the Noes, Mr Peter Atkinson, Mr David Ruffley: 93. Schedule, as amended, agreed to. Clause No. 13 (Other functions of the Lord Chancellor and organisation of the courts). Amendments (Nos. 491 and 492) made. Clause, as amended, agreed to. Schedule No. 4 (Other functions of the Lord Chancellor and organisation of the courts). Amendments (Nos. 376, 377, 493 to 498, 378, 499 to 501, 379, 502 to 507, 380 to 385, 508, 509, 386 to 395, 510 to 512, 396, 645, 397 to 400, 513, 401, 514, 402, 404, 405, 515, 406 to 408, 516, 409 to 411, 517, 412, 413, 518 to 527, 415 to 420, 528, 421 to 425, 529, 530, 427 to 429, 531 to 534, 430 to 433, 535 to 538, 434, 435, 539 to 544, 436 to 453, 545 to 556, 454, 557, 456 to 459, 558 and 460 to 462) made. Schedule, as amended, agreed to. Clause No. 14 (Lord Chancellor's oath). Amendment (No. 355) proposed, in page 6, line 9, to leave out from the word ‘that' to the end of line 14 and insert the words ‘I will well and truly serve our Sovereign . . . in the office of Lord High Chancellor of Great Britain and that I will faithfully and at all times uphold the continued independence of the judiciary and the rule of law, in accordance with the laws and usages of this Realm.”.'.—(Mr Jonathan Djanogly.) Page 195      Tuesday 1st March 2005       2004-2005      Volume 261      Back to top Question put, That the Amendment be made. The Committee divided. Tellers for the Ayes, Mr Geoffrey Clifton-Brown, Mr David Ruffley: 167. Tellers for the Noes, James Purnell, Mr John Heppell: 272. Clause agreed to. Clause No. 15 agreed to. Schedule No. 5 agreed to. Clause No. 16 (Transfer, modification or abolition of functions by order). Amendments (Nos. 39 to 47) made. Clause, as amended, agreed to. Schedule No. 6 (Protected functions of the Minister). Amendments (Nos. 48 to 51, 559, 463, 560, 464, 465 and 561) made. Schedule, as amended, agreed to. Clause No. 17 agreed to. Clause No. 18 (Amendment of Schedule 6). Amendments (Nos. 52 to 54) made. Clause, as amended, agreed to. Clause No. 19 (Transfers: supplementary). Amendments (Nos. 55 and 56) made. Clause, as amended, agreed to. Another Clause (NC10) (Functions of the Lord Chief Justice during vacancy or incapacity)—(Mr Christopher Leslie)—brought up, read the first and second time, and added. Another Clause (NC20) (The Lord Chancellor and Northern Ireland courts)— (Mr Christopher Leslie)—brought up, read the first and second time, and added. Another Clause (NC9) (Disqualification from holding further ministerial office)— (Mr Dominic Grieve)—brought up and read the first time. Question put, That the Clause be read a second time. The Committee divided. Tellers for the Ayes, Mr David Ruffley, Mr Geoffrey Clifton-Brown: 167. Tellers for the Noes, Mr John Heppell, James Purnell: 283. And it being more than five hours after the commencement of proceedings on the Bill, the Deputy Speaker, pursuant to Orders [17th and 31st January] put the remaining Questions necessary to bring proceedings in the Committee to a conclusion. A Schedule (NS1) (Functions under legislation relating to Northern Ireland)— (Mr Christopher Leslie)—brought up, read the first time and added. Clause No. 22 (Qualification for appointment). Amendments (Nos. 647 and 648) made. Clause, as amended, agreed to. Clause No. 23 (Selection of members of the Court). Amendment (No. 57) made. Clause, as amended, agreed to. Schedule No. 7 (Supreme Court selection commissions). Amendments (Nos. 58 to 80) made. Schedule, as amended, agreed to. Clause No. 24 (Selection process). Amendments (Nos. 81 and 82) made. Clause, as amended, agreed to. Clause No. 25 (Report). Amendments (Nos. 83 to 87) made. Clause, as amended, agreed to. Clause No. 26 (The Minister's options). Amendments (Nos. 88 to 93) made. Clause, as amended, agreed to. Page 196      Tuesday 1st March 2005       2004-2005      Volume 261      Back to top Clause No. 27 (Exercise of powers to reject or require reconsideration). Amendments (Nos. 94 to 98) made. Clause, as amended, agreed to. Clause No. 28 (Selection following rejection or requirement to reconsider). Amendments (Nos. 99 to 102) made. Clause, as amended, agreed to. Clauses Nos. 29 and 30 agreed to. Clause No. 31 (Salaries and allowances). Amendments (Nos. 103 and 104) made. Clause, as amended, agreed to. Clause No. 32 (Resignation and retirement). Amendments (Nos. 105 and 106) made. Clause, as amended, agreed to. Clause No. 33 (Medical retirement). Amendments (Nos. 107 and 108) made. Clause, as amended, agreed to. Clause No. 34 agreed to. Clause No. 35 (Acting judges). Amendment (No. 109) made. Clause, as amended, agreed to. Clause No. 36 (Supplementary panel). Amendments (Nos. 110 and 111) made. Clause, as amended, agreed to. Clauses Nos. 38 to 41 agreed to. Clause No. 42 (Making of rules). Amendment (No. 112) made. Clause, as amended, agreed to. Clause No. 43 (Procedure after rules made). Amendments (Nos. 113 to 115) made. Clause, as amended, agreed to. Clause No. 44 agreed to. Clause No. 45 (Chief executive). Amendment (No. 116) made. Clause, as amended, agreed to. Clause No. 46 (Officers and staff). Amendment (No. 117) made. Clause, as amended, agreed to. Clause No. 47 (Accommodation and other resources). Amendments (Nos. 118 to 122) made. Clause, as amended, agreed to. Clause No. 48 agreed to. Clause No. 49 (Fees). Amendments (Nos. 123 to 125) made. Clause, as amended, agreed to. Clause No. 50 (Fees: supplementary). Amendment (No. 126) made. Clause, as amended, agreed to. Clause No. 51 (Annual report). Amendments (Nos. 127 and 128) made. Clause, as amended, agreed to. Clause No. 52 disagreed to. Clause No. 53 agreed to. Page 197      Tuesday 1st March 2005       2004-2005      Volume 261      Back to top Schedule No. 9 (Proceedings under jurisdiction transferred to Supreme Court). Amendments (Nos. 129, 649 and 650) made. Schedule, as amended, agreed to. Clause No. 54 (Interpretation of Part 3). Amendment (No. 130) made. Clause, as amended, agreed to. Other Clauses (NC31) (Seal), (NC43) (Records of the Supreme Court) and (NC44) (Renaming of Supreme Courts of England and Wales and Northern Ireland)—(Mr Christopher Leslie)—brought up, read the first time and added. Another Schedule (NS3) (Renaming of the Supreme Courts of England and Wales and Northern Ireland)—(Mr Christopher Leslie)—brought up, read the first time and added. Clause No. 55 agreed to. Schedule No. 10 (The Judicial Appointments Commission). Amendments (Nos. 131, 651, 574, 652, 653, 132, 575, 133, 654 to 657, 134 to 141, 576 to 579, 142, 580, 143, 144, 581 and 145 to 175) made. Schedule, as amended, agreed to. Clause No. 56 agreed to. Schedule No. 11 (The Judicial Appointments and Conduct Ombudsman). Amendments (Nos. 176, 582, 658, 659, 583, 660, 661, 177, 178, 640, 179 to 197, 584 and 198 to 202) made. Schedule, as amended, agreed to. Clause No. 57 agreed to. Clause No. 58 (Guidance about procedures). Amendment (No. 203) made. Clause, as amended, agreed to. Clause No. 59 (Guidance: supplementary). Amendments (Nos. 204 to 208, 585 and 209) made. Clause, as amended, agreed to. Clause No. 60 (Selection of Lord Chief Justice and Heads of Division). Amendments (Nos. 586 and 587) made. Clause, as amended, agreed to. Clause No. 61 (Selection process). Amendment (No. 588) made. Clause, as amended, agreed to. Clause No. 62 agreed to. Clause No. 63 (Report). Amendments (Nos. 215 to 218) made. Clause, as amended, agreed to. Clause No. 64 (The Minister's options). Amendments (Nos. 219, 589, 220, 590, 221, 591, 222, 223 and 592) made. Clause, as amended, agreed to. Clause No. 65 (Exercise of powers to reject or require reconsideration). Amendments (Nos. 224 to 228) made. Clause, as amended, agreed to. Clause No. 66 (Selection following rejection or requirement to reconsider). Amendments (Nos. 229 to 232 and 593) made. Clause, as amended, agreed to. Clause No. 67 (Selection of Lords Justices of Appeal). Amendments (Nos. 594 and 595) made. Clause, as amended, agreed to. Clause No. 68 (Selection process). Amendment (No. 596) made. Clause, as amended, agreed to. Clause No. 69 agreed to. Page 198      Tuesday 1st March 2005       2004-2005      Volume 261      Back to top Clause No. 70 (Report). Amendments (Nos. 237 to 240) made. Clause, as amended, agreed to. Clause No. 71 (The Minister's options). Amendments (Nos. 241, 597, 242, 598, 243, 599, 244, 245 and 600) made. Clause, as amended, agreed to. Clause No. 72 (Exercise of powers to reject or require reconsideration). Amendments (Nos. 246 to 250) made. Clause, as amended, agreed to. Clause No. 73 (Selection following rejection or requirement to reconsider). Amendments (Nos. 251 to 254 and 601) made. Clause, as amended, agreed to. Clause No. 74 (Selection of puisne judges and other office holders). Amendments (Nos. 602, 255, 603 and 256) made. Clause, as amended, agreed to. Schedule No. 12 (The Judicial Appointments Commission: Relevant Offices and Enactments). Amendments (Nos. 662, 562 and 622 to 625) made. Schedule, as amended, agreed to. Clause No. 75 disagreed to. Clause No. 76 (Selection process). Amendments (Nos. 605 and 606) made. Clause, as amended, agreed to. Clause No. 77 (Report). Amendments (Nos. 262 to 265) made. Clause, as amended, agreed to. Clause No. 78 (The Minister's options). Amendments (Nos. 266, 607, 267, 608, 268, 609, 269, 270, 610 and 611) made. Clause, as amended, agreed to. Clause No. 79 (Exercise of powers to reject or require reconsideration). Amendments (Nos. 271 to 275) made. Clause, as amended, agreed to. Clause No. 80 (Selection following rejection or requirement to reconsider). Amendments (Nos. 276, 612, 277, 278, 613, 279 and 614) made. Clause, as amended, agreed to. Clause No. 81 (Reconsideration of decision not to select). Amendments (Nos. 280 and 281) made. Clause, as amended, agreed to. Clause No. 82 disagreed to. Clause No. 83 (Scotland and Northern Ireland). Amendments (Nos. 616 to 618) made. Clause, as amended, agreed to. Clause No. 84 (Assistance in connection with other appointments). Amendments (Nos. 285 to 288) made. Clause, as amended, agreed to. Clause No. 85 (Complaints: interpretation). Amendment (No. 289) made. Clause, as amended, agreed to. Clause No. 86 (Complaints to the Commission or the Minister). Amendment (No. 290) made. Clause, as amended, agreed to. Page 199      Tuesday 1st March 2005       2004-2005      Volume 261      Back to top Clause No. 87 (Complaints to the Ombudsman). Amendments (Nos. 291 to 293) made. Clause, as amended, agreed to. Clause No. 88 (Report and recommendations). Amendment (No. 294) made. Clause, as amended, agreed to. Clause No. 89 (Report procedure). Amendments (Nos. 295 to 298) made. Clause, as amended, agreed to. Clause No. 90 (References by the Minister). Amendments (Nos. 299 and 300) made. Clause, as amended, agreed to. Clause No. 91 (Information). Amendment (No. 301) made. Clause, as amended, agreed to. Clause No. 92 agreed to. Clause No. 93 (Disclosure of information to the Commission). Amendment (No. 302) made. Clause, as amended, agreed to. Clause No. 96 (Regulations about procedures). Amendments (Nos. 303, 626 and 627) made. Clause, as amended, agreed to. Clause No. 97 (Contents of regulations). Amendments (Nos. 628, 304, 305, 629, 630, 307 and 631) made. Clause, as amended, agreed to. Clause No. 98 (Procedural rules). Amendments (Nos. 308, 632 and 309) made. Clause, as amended, agreed to. Clause No. 99 (Extension of discipline provisions to other offices). Amendments (Nos. 310 and 311) made. Clause, as amended, agreed to. Clauses Nos. 100 to 103 disagreed to. Clause No. 104 (Interpretation of Part 4). Amendments (Nos. 619, 620, 637 and 621) made. Clause, as amended, agreed to. Other Clauses (NC11) (Duty to fill vacancies), (NC12) (Request for selection), (NC13) (Duty to fill vacancies (No. 2)), (NC14) (Request for selection (No. 2)), (NC15) (Duty to fill vacancies (No. 3)), (NC16) (Request for selection (No. 3)), (NC17) (Duty to identify persons for future requests), (NC18) (Withdrawal and modification of requests), (NC19) (Effect of acceptance of selection), (NC21) (Applications to the Ombudsman), (NC22) (Review by the Ombudsman), (NC23) (Reports on reviews), (NC24) (References to the Ombudsman relating to conduct), (NC25) (Reports on references), (NC28) (Delegation of functions), (NC29) (Scotland), (NC30) (Northern Ireland) and (NC42) (Encouragement of diversity)—(Mr Christopher Leslie)—brought up, and read the first time. Question put, That the Clauses be added to the Bill. The Committee divided. Tellers for the Ayes, Paul Clark, Gillian Merron: 296. Tellers for the Noes, Mr Mark Prisk, Mr Geoffrey Clifton-Brown: 127. Clause No. 110 agreed to. Schedule No. 13 agreed to. Clause No. 111 agreed to. Clause No. 112 (”Enactment”). Amendment (No. 466) made. Clause, as amended, agreed to. Page 200      Tuesday 1st March 2005       2004-2005      Volume 261      Back to top Clause No. 113 agreed to. Clause No. 114 (General interpretation). Amendment (No. 319) made. Clause, as amended, agreed to. Clause No. 115 (Supplementary provision etc). Amendments (Nos. 320 and 663) made. Clause, as amended, agreed to. Clause No. 116 (Orders and regulations). Amendments (Nos. 321, 638 and 467) made. Clause, as amended, agreed to. Clause No. 117 agreed to. Schedule No. 14 (Minor and consequential amendments). Amendments (Nos. 468 to 470 and 16) made. Schedule, as amended, agreed to. Clause No. 118 agreed to. Schedule No. 15 (Repeals and revocations). Amendments (Nos. 471, 472, 563 to 565, 473, 566, 474, 567, 475 to 478, 568, 569, 479, 480, 570, 571, 481 to 483, 572, 573, 484, 485, 368, 486, 664, 665, 487 and 666) made. Schedule, as amended, agreed to. Clause No. 119 (Extent). Amendment (No. 641) made. Clause, as amended, agreed to. Clause No. 120 (Commencement). Amendments (Nos. 322, 488, 489, 323 and 324) made. Clause, as amended, agreed to. Clause No. 121 (Short title). Amendment (No. 642) made. Clause, as amended, agreed to. Other Clauses (NC32) (Disclosure of information to the Northern Ireland Judicial Appointments Commission), (NC33) (Northern Ireland Judicial Appointments Ombudsman), (NC34) (Complaints: interpretation), (NC35) (Complaints to the Commission or the Lord Chancellor), (NC36) (Complaints to the Ombudsman), (NC37) (Report and recommendations), (NC38) (Report procedure), (NC39) (References by the Lord Chancellor), (NC40) (Information) and (NC41) (Confidentiality in relation to judicial appointments and discipline)— (Mr Christopher Leslie)—brought up, read the first time and added. Another Schedule (NS2) (Northern Ireland Judicial Appointments Ombudsman)—(Mr Christopher Leslie)—brought up, read the first time and added. Whereupon the Chairman left the Chair to report the Bill, as amended, to the House. The Deputy Speaker resumed the Chair, and Bridget Prentice reported, That the Committee had gone through the Bill, and made Amendments thereunto. The House, according to Orders [17th and 31st January], proceeded to consider the Bill, as amended in the Committee. A Motion was made, and the Question being put, That the Bill be now read the third time; The House divided. Tellers for the Ayes, Gillian Merron, Paul Clark: 280. Tellers for the Noes, Mr Mark Prisk, Andrew Selous: 118. So the Question was agreed to. The Bill was accordingly read the third time, and passed, with Amendments. 14 Church of England (General Synod) (Measures),—Ordered, That the Care of Cathedrals (Amendment) Measure, Church of England (Miscellaneous Provisions) Measure and Stipends (Cessation of Special Payments) Measure, which were laid before this House on 24th February, be referred to a Standing Committee on Delegated Legislation.— (Mr Tom Watson.) Page 201      Tuesday 1st March 2005       2004-2005      Volume 261      Back to top 15 Public Petitions,—A Public Petition from the Cod Crusaders for the United Kingdom's withdrawal from the Common Fisheries Policy was presented and read; and ordered to lie upon the Table and to be printed. 16 Adjournment,—Resolved, That this House do now adjourn.—(Mr Tom Watson.) And accordingly, the House, having continued to sit till four minutes past Eight o'clock, adjourned till to-morrow. [Adjourned at 8.04 p.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Affirmative Resolution: 1 Companies,—Draft Community Interest Company Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt]. Papers subject to Negative Resolution: 2 Agriculture,—Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (England) Regulations 2005 (S.I., 2005, No. 404), dated 27th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett]. 3 Food,—Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2005 (S.I., 2005, No. 325), dated 9th February 2005 [by Act] [Mr Secretary Reid]. 4 Health Care and Associated Professions,—(1) General Medical Council (Constitution of Panels and Investigation Committee) (Amendment) Rules Order of Council 2005 (S.I., 2005, No. 402); (2) General Medical Council (Fraud or Error in relation to Registration) Rules Order of Council 2005 (S.I., 2005, No. 401); and (3) General Medical Council (Registration Appeals Panels Procedure) Rules Order of Council 2005 (S.I., 2005, No. 400), dated 2nd February 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Reid]. 5 Police,—Police (Northern Ireland) Act 2000 (Continuance of Office of Commissioner) Order 2005 (S.R. (N.I.), 2005, No. 54), dated 25th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy]. 6 Taxes,—Finance Act 1993, Section 86(2), (Single Payment Scheme) Order 2005 (S.I., 2005, No. 409) [by Act], with an Explanatory Memorandum [by Command] [Dawn Primarolo]. Other Papers: 7 Reserve Forces,—Report under section 56(7) of the Reserve Forces Act 1996 on the making of a call-out order under section 56(1) of that Act [by Act] [Mr Secretary Hoon]. 8 Special Procedure Orders,—Report by the Chairman of Committees of the House of Lords and the Chairman of Ways and Means in the House of Commons, under section 3 of the Statutory Orders (Special Procedure) Act 1945, that no Petition has been presented against the Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 [by Act] [Chairman of Ways and Means]. APPENDIX II Standing Committees 1 Draft Insolvency (Northern Ireland) Order 2005,—The Committee of Selection has discharged Mrs Helen Clark, Ross Cranston, Paul Farrelly, Alan Simpson and Mr Graham Stringer from the Third Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution John Cryer, Mr Terry Rooney, Mr John Smith, Ian Stewart and Gareth Thomas (Clwyd West). 2 Draft Company Directors Disqualification (Amendment) (Northern Ireland) Order 2005,—The Committee of Selection has discharged Mr Roger Godsiff and Rachel Squire from the Sixth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr David Borrow and Mr Ivan Henderson. Page 202      Tuesday 1st March 2005       2004-2005      Volume 261      Back to top 3 Code of Audit Practice for Local Government Bodies (2005) and the Code of Audit Practice for local NHS Bodies (2005),—The Committee of Selection has discharged Mr Michael Clapham and Linda Gilroy from the Seventh Standing Committee on Delegated Legislation (nominated in respect of the Codes) and nominated in substitution Mr Adrian Bailey and Ross Cranston. APPENDIX III Reports from Select Committees 1 Constitutional Affairs,—(1) Minutes of Evidence taken before the Constitutional Affairs Committee [Legal aid: asylum appeals]; to be printed [No. 276-ii]; and (2) Minutes of Evidence taken before the Committee [The operation of the Special Immigration Appeals Commission (SIAC)]; to be printed [No. 323-ii] [Mr A. J. Beith]. 2 Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Sub-Committee on the Draft Natural Environment and European Communities Bill of the Environment, Food and Rural Affairs Committee [Draft Natural Environment and European Communities Bill]; to be printed [No. 408-i] [Mr Michael Jack]. 3 Home Affairs,—Minutes of Evidence taken before the Home Affairs Committee [Terrorism and Community Relations]; to be printed [No. 165-v] [Mr John Denham]. 4 Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—(1) Fifth Report from the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee [The Role and Effectiveness of the Commission for Architecture and the Built Environment], 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. 59-I]; and (2) Minutes of Evidence taken before the Committee [Local Government Consultation]; to be printed [No. 316-ii] [Andrew Bennett]. 5 Scottish Affairs,—Minutes of Evidence taken before the Scottish Affairs Committee [Meeting Scotland's Future Energy Needs]; to be printed [No. 259-iv] [Mrs Irene Adams]. 6 Statutory Instruments,—Tenth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 66-x] [Mr David Tredinnick]. 7 Trade and Industry,—Minutes of Evidence taken before the Trade and Industry Committee [Ofcom's Strategic Review of Telecommunications; Coal Health Compensation Schemes]; to be printed [Nos. 407-i and 375-ii] [Mr Martin O'Neill]. [No. 45; WH, No. 26] Tuesday 1st March 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 Tom Watson.) And accordingly the sitting was adjourned till to-morrow. [Adjourned at 4.44 p.m. Page 203      Tuesday 1st March 2005       2004-2005      Volume 261      Back to top [No. 46.] Wednesday 2nd March 2005. The House met at half-past Eleven o'clock. PRAYERS. 1 Eighth Standing Committee on Delegated Legislation,—Mr Bill Olner reported from the Eighth Standing Committee on Delegated Legislation the draft Social Security (Intensive Activity Period 50 to 59 Pilot) Regulations 2005 and the draft Social Security (Intensive Activity Period 50 to 59 Pilot) (No. 2) Regulations 2005. Minutes of Proceedings of the Committee to lie upon the Table. 2 European Standing Committee B,—Mr Eric Forth reported from European Standing Committee B the following Resolution: That the Committee takes note of European Union Documents No. OJ C 293, the European Court of Auditors 2003 Annual Report, No. 14549/04, Commission staff working paper: Complementary evaluation of the activities of the European Anti-Fraud Office (OLAF), No. 11981/04 and Addenda 1 and 2, Commission Report: Protecting the Communities' financial interests and the fight against fraud—Annual Report 2003, and No. 11890/04, Commission Communication: Protecting the Communities' financial interests—Fight against fraud—Action Plan for 2004–05; and supports the Government's promotion of measures to improve financial management of the Community budget and to reduce fraud against the European Community's financial interests. Resolution to lie upon the Table. Minutes of Proceedings of the Committee to lie upon the Table. 3 Message from the Lords,—A Message was brought from the Lords, as follows: Public Services Ombudsman (Wales) Bill [Lords],—The Lords have passed a Bill to establish and make provision about the office of Public Services Ombudsman for Wales; to make provision about the functions of the Public Services Ombudsman for Wales; to make provision about compensation; to abolish the Commission for Local Administration in Wales and the offices of Welsh Administration Ombudsman, Health Service Commissioner for Wales and Social Housing Ombudsman for Wales; and for connected purposes; to which the Lords desire the concurrence of this House. 4 Public Services Ombudsman (Wales) Bill [Lords],—The Public Services Ombudsman (Wales) Bill [Lords] was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 76]. Ordered, That the Explanatory Notes relating to the Public Services Ombudsman (Wales) Bill [Lords] be printed [Bill 76–EN]. 5 Equality Bill,—Ms Secretary Hewitt, supported by the Prime Minister, Mr Secretary Prescott, Mr Chancellor of the Exchequer, Mr Secretary Clarke, Mr Secretary Johnson, Secretary Ruth Kelly, Jacqui Smith, Mr David Lammy and Fiona Mactaggart, presented a Bill to make provision for the establishment of the Commission for Equality and Human Rights; to dissolve the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission; to make provision about discrimination on grounds of religion or belief; to impose duties relating to sex discrimination on persons performing public functions; and for connected purposes: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 72]. Ordered, That the Explanatory Notes relating to the Equality Bill be printed [Bill 72–EN]. 6 Fisheries Jurisdiction Bill,—Mr Alex Salmond, supported by Mr Roy Beggs, Mr Alistair Carmichael, Mr Nigel Dodds, Mr Kelvin Hopkins, Mr Elfyn Llwyd, Mr Eddie McGrady, Mr Austin Mitchell, Angus Robertson, Mr Anthony Steen, Mr Michael Weir and Ann Winterton, presented a Bill to make provision for withdrawal from the Common Fisheries Policy of the European Union; to amend the Fishery Limits Act 1976; to make provision about the exercise of functions under that Act by Scottish Ministers, the National Assembly for Wales, Northern Ireland Ministers and the Secretary of State; to provide that that Act shall have effect regardless of the provisions of the European Communities Act 1972; to define English, Scottish, Welsh and Northern Irish waters; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 13th May and to be printed [Bill 73]. Page 204      Wednesday 2nd March 2005       2004-2005      Volume 261      Back to top 7 Buses (Concessionary Fares) Bill,—Mr Michael Foster, supported by Peter Bradley, Mr Alan Campbell, Mr Parmjit Dhanda, Mr David Drew, Mr James Plaskitt, Patrick Hall and Mrs Janet Dean, presented a Bill to make provision about concessionary fares on buses for elderly persons: And the same was read the first time; and ordered to be read a second time on Friday 22nd April and to be printed [Bill 74]. 8 Annual Leave Entitlement (Enforcement),—Ordered, That leave be given to bring in a Bill to make provision about the enforcement of entitlements to annual leave under the Working Time Regulations 1998 and to amend the National Minimum Wage Act 1998 in that connection; and for connected purposes: And that Miss Anne Begg, Mr Frank Doran, Ann Keen, Jim Knight, Ms Dari Taylor, Mr John Grogan, Kali Mountford, Rob Marris, Lady Hermon, Iain Wright, Mrs Anne Campbell and Mr Malcolm Savidge do prepare and bring it in. 9 Annual Leave Entitlement (Enforcement) Bill,—Miss Anne Begg accordingly presented a Bill to make provision about the enforcement of entitlements to annual leave under the Working Time Regulations 1998 and to amend the National Minimum Wage Act 1998 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 20th May and to be printed [Bill 75]. 10 Opposition Day [5th allotted day],—It being an allotted day at the disposal of the Leader of the Opposition in pursuance of Standing Order No. 14 (Arrangement of public business), the House proceeded to consider Opposition business. Council Tax,—A Motion was made, and the Question being proposed, That this House notes that council tax bills have increased by 70 per cent. under the Labour Government, with further above-inflation rises planned in the forthcoming year and after the general election; expresses concern that pensioners have been hit hardest and calls on the Government to implement the Conservative policy of an automatic council tax discount for those aged 65 and over; notes with alarm the Government's plans in any third term for a revaluation which would lead to greater inequities and new higher council tax bands; rejects Liberal Democrat plans for a local income tax, regional income tax and higher national income tax; and calls for less bureaucracy and interference from Whitehall and regional bureaucrats in local government funding and for greater transparency in the allocation of local funding for councils—(Mrs Caroline Spelman); An Amendment was proposed to the Question, in line 2, to leave out from the word ‘House' to the end of the Question and add the words ‘welcomes the Government's support for local government with its 33 per cent. grant increase in real terms since 1997, compared to a real terms cut of 7 per cent. in the last four years of the previous administration; notes that the increase in council tax this year is set to be the lowest in over a decade at around 4 per cent. and the second lowest since it was introduced and is less than the increase in average earnings; notes CIPFA's view that it will add less than £1 a week to average council tax bills; further notes that the effect of the Opposition's policy to cut grant to councils and abolish capping would allow council tax to rise unchecked; and looks forward to the report of the Lyons inquiry into local government funding which is due by the end of this year', instead thereof.—(Mr Nick Raynsford.) And the Question being put, That the original words stand part of the Question; The House divided. Tellers for the Ayes, Gregory Barker, Mr Peter Atkinson: 140. Tellers for the Noes, Gillian Merron, Jim Fitzpatrick: 322. So the Question was negatived. And the Question, That the proposed words be there added, being put forthwith, pursuant to Standing Order No. 31 (Questions on amendments):—It was agreed to. The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to. Resolved, That this House welcomes the Government's support for local government with its 33 per cent. grant increase in real terms since 1997, compared to a real terms cut of 7 per cent. in the last four years of the previous administration; notes that the increase in council tax this year is set to be the lowest in over a decade at around 4 per cent. and the second lowest since it was introduced and is less than the increase in average earnings; notes CIPFA's view that it will add less than £1 a week to average council tax bills; further notes that the effect of the Opposition's policy to cut grant to councils and abolish capping would allow council tax to rise unchecked; and looks forward to the report of the Lyons inquiry into local government funding which is due by the end of this year. Hospital-acquired Infections,—A Motion was made, and the Question being proposed, That this House, whilst applauding the endeavours of dedicated NHS staff to do the best for their patients, is deeply concerned at the Government's continued failure to tackle effectively the continuing rise in the incidence of hospital-acquired infection; notes with alarm the recent report by the Office of National Statistics that 955 people died with methicillin resistant staphylococcus aureus (MRSA) as a contributing factor in 2003 Page 205      Wednesday 2nd March 2005       2004-2005      Volume 261      Back to top alone, an increase of 155 on the year before and more than double the level in 1997; further notes that this seriously understates the gravity of the problem, given the failure to designate hospital-acquired infections on death certificates; is particularly worried by the sharp rise in the number of MRSA infections in children and babies as confirmed in a Patients Association study; further notes the continuing detrimental effect of the Government's obsession with targets which hinders the closure of beds or wards on clinical grounds when recommended by infection control teams; believes that matrons should have responsibility in hospitals for the hygiene, cleanliness and care of patients and the power to enforce measures including bed or ward closures; regrets the continuing failure of the Government to take measures recommended by the Public Accounts Committee and the failure to support a ‘search and destroy' strategy as recommended by the Chief Medical Officer in his report ‘Winning Ways'; and calls on the Government urgently to take concerted action to reduce drastically the level of hospital-acquired infections and restore the public's confidence in the safety of hospitals—(Tim Loughton); An Amendment was proposed to the Question, in line 2, to leave out from the word ‘House' to the end of the Question and add the words ‘welcomes the Government's commitment to tackle hospital-acquired infections with a robust programme for improving standards in infection control; congratulates the Government on its action plan for reducing infection rates, “Towards cleaner hospitals and lower rates of infection”, and the introduction of the new target to halve the rate of MRSA in the first instance, and the appointment of local directors of infection prevention and control to cut cross-infection locally; supports the Chief Medical Officer's action plan “Winning Ways”; recognises that MRSA is a longstanding problem that became endemic in the National Health Service between 1993 and 1997 and believes that this Government is to be congratulated on introducing a system of mandatory surveillance for MRSA to establish its full extent; notes that the Government is working with experts from home and abroad to identify the actions and best practice which will make a difference, including a matron's charter, a national hand hygiene campaign, improved standards and better inspection of hospital cleanliness; and therefore congratulates the Government on its comprehensive programme of investment and reform that has equipped the NHS to deliver improvements in patient safety, and to reduce hospital acquired infections', instead thereof.—(Miss Melanie Johnson.) And the Question being proposed, That the original words stand part of the Question; Mr Peter Luff 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, Gregory Barker, Mr Peter Atkinson: 168. Tellers for the Noes, Mr John Heppell, Paul Clark: 281. 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, Gillian Merron, Mr John Heppell: 268. Tellers for the Noes, Mr Peter Atkinson, Gregory Barker: 156. So the Question was agreed to. The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to. Resolved, That this House welcomes the Government's commitment to tackle hospital-acquired infections with a robust programme for improving standards in infection control; congratulates the Government on its action plan for reducing infection rates, ‘Towards cleaner hospitals and lower rates of infection', and the introduction of the new target to halve the rate of MRSA in the first instance, and the appointment of local directors of infection prevention and control to cut cross-infection locally; supports the Chief Medical Officer's action plan ‘Winning Ways'; recognises that MRSA is a longstanding problem that became endemic in the National Health Service between 1993 and 1997 and believes that this Government is to be congratulated on introducing a system of mandatory surveillance for MRSA to establish its full extent; notes that the Government is working with experts from home and abroad to identify the actions and best practice which will make a difference, including a matron's charter, a national hand hygiene campaign, improved standards and better inspection of hospital cleanliness; and therefore congratulates the Government on its comprehensive programme of investment and reform that has equipped the NHS to deliver improvements in patient safety, and to reduce hospital acquired infections. Page 206      Wednesday 2nd March 2005       2004-2005      Volume 261      Back to top 11 Northern Ireland,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005, which was laid before this House on 7th February, be approved—(Mr Nick Ainger):—It was agreed to. 12 Employment,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Gangmasters (Licensing Authority) Regulations 2005, which were laid before this House on 26th January, be approved—(Mr Nick Ainger):—It was agreed to. 13 Public Petitions,—A Public Petition from residents and friends of the village of Minety, Wiltshire, for prompt and effective enforcement of planning law in relation to use of land by Gypsies and travellers as caravan sites was presented and read; and ordered to lie upon the Table and to be printed. 14 Adjournment,—Resolved, That this House do now adjourn.—(Mr Nick Ainger.) And accordingly, the House, having continued to sit till nine minutes to Eight o'clock, adjourned till to-morrow. [Adjourned at 7.51 p.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Affirmative Resolution: 1 Children and Young Persons,—(1) Draft Restriction on the Preparation of Adoption Reports Regulations 2005; and (2) draft Suitability of Adopters Regulations 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Secretary Ruth Kelly]. 2 Northern Ireland,—Draft Local Government (Northern Ireland) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy]. Papers subject to Negative Resolution: 3 Children and Young Persons,—(1) Adoption Agencies Regulations 2005 (S.I., 2005, No. 389), dated 23rd February 2005; and (2) Adoptions with a Foreign Element Regulations 2005 (S.I., 2005, No. 392), dated 24th February 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Secretary Ruth Kelly]. 4 Customs and Excise,—Crime (International Co-operation) Act 2003 (Exercise of Functions) Order 2005 (S.I., 2005, No. 425), dated 1st March 2005 [by Act], with an Explanatory Memorandum [by Command] [Dawn Primarolo]. 5 Disabled Persons,—(1) Rail Vehicle Accessibility (Croydon Tramlink Class CR4000 Vehicles) Exemption (Amendment) Order 2005 (S.I., 2005, No. 395), dated 24th February 2005; and (2) Rail Vehicle Accessibility (Virgin West Coast Class 390) Exemption Order 2005 (S.I., 2005, No. 329), dated 11th February 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Darling]. 6 Environmental Protection,—Environmental Protection (Waste Recycling Payments) (England) (Amendment) Regulations 2005 (S.I., 2005, No. 415), dated 1st March 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett]. 7 Family Proceedings,—Family Proceedings (Amendment No. 2) Rules 2005 (S.I., 2005, No. 412), dated 27th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy]. 8 Magistrates' Courts,—Family Proceedings Courts (Children Act 1989) (Amendment No. 2) Rules 2005 (S.I., 2005, No. 413), dated 27th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy]. 9 Pensions,—Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005 (S.I., 2005, No. 441), dated 2nd March 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Johnson]. Other Papers: 10 Broadcasting,—Paper, entitled Review of the BBC's Royal Charter: A strong BBC, independent of government [by Command] [Secretary Tessa Jowell]. Page 207      Wednesday 2nd March 2005       2004-2005      Volume 261      Back to top 11 Culture, Media and Sport,—Government Response to the First Report from the Culture, Media and Sport Committee, Session 2004–05, on A Public BBC [by Command] [Cm. 6474] [Secretary Tessa Jowell]. 12 Education and Libraries (Northern Ireland),—Report and Accounts of the Staff Commission for Education and Library Boards for 2003–04, with the Report of the Comptroller and Auditor General for Northern Ireland thereon [by Statutory Instrument]; to be printed [No. 360] [Mr Secretary Murphy]. 13 Industrial Organisation and Development,—Report and Accounts of the Horticultural Development Council for 2003–04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 345] [Secretary Margaret Beckett]. 14 Transport,—Department for Transport Minute, dated 2nd March 2005, concerning Non-Statutory Contingent Liabilities in respect of civil liabilities incurred by the Chairman and Non-Executive Board Members of the Office of Rail Regulation [by Command] [Mr Secretary Darling]. 15 Treaty Series (No. 4, 2005),—Agreement, done at Yerevan on 15th July 2004, between the Government of the United Kingdom and Northern Ireland and the Government of the Republic of Armenia on the Establishment and Activities of Cultural Centres [by Command] [Cm. 6480] [Mr Secretary Straw]. 16 Treaty Series (No. 5, 2005),—European Agreement, done at Strasbourg on 5th March 1996, relating to Persons Participating in Proceedings of the European Court of Human Rights [by Command] [Cm. 6482] [Mr Secretary Straw]. APPENDIX II Standing Committees 1 Criminal Law (Amendment) (Householder Protection) Bill,—The Committee of Selection has nominated sixteen Members to serve on Standing Committee C in respect of the Bill: Mr Ronnie Campbell, Mrs Helen Clark, Harry Cohen, Mr Frank Field, Paul Goggins, Chris Grayling, Mr Mike Hancock, Lady Hermon, Kate Hoey, Mr Kevan Jones, Shona McIsaac, John Mann, Patrick Mercer, Mr Andrew Mitchell, Mr Stephen Pound and Mr Hugo Swire. 2 Draft Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) 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 David Atkinson, Mr John Bercow, Paul Clark, Yvette Cooper, Mr Edward Davey, Mrs Louise Ellman, Matthew Green, Patrick Hall, Mr Fabian Hamilton, Mr Denis Murphy, Mr Mark Prisk, Mrs Barbara Roche, Mr Terry Rooney, Mr Graham Stringer, Mr Robert Syms and Dr Desmond Turner. 3 Draft Child Benefit and Guardian's Allowance Up-Rating Order 2005, the draft Child Benefit and Guardian's Allowance Up-Rating (Northern Ireland) Order 2005 and the draft Tax Credits Up-Rating Regulations 2005: (1) The Speaker has allocated the draft Orders and 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: Mr John Battle, Mr Bob Blizzard, Virginia Bottomley, Mr Kenneth Clarke, Mr Tony Colman, Paul Farrelly, Jim Fitzpatrick, Mr Ivan Henderson, Norman Lamb, Mr James Plaskitt, Dawn Primarolo, Mr David Ruffley, Mr Dennis Skinner, Mr David Trimble, Mr Andrew Tyrie and Keith Vaz. 4 Draft Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005: (1) The Speaker has allocated the draft 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 Nick Ainger, Mr Harold Best, Denzil Davies, Mr Hilton Dawson, Mrs Janet Dean, Mr Damian Green, Stephen Hesford, Mr Boris Johnson, Mr Elfyn Llwyd, Ian Lucas, Chris Ruane, Mr David Ruffley, Llew Smith, Mr Don Touhig, Mr Bill Wiggin and Mr Roger Williams. 5 Draft Immigration (Application Fees) Order 2005: (1) The Speaker has allocated the draft Order to the Fourth Standing Committee on Delegated Legislation; and Page 208      Wednesday 2nd March 2005       2004-2005      Volume 261      Back to top (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Desmond Browne, Mr Alistair Carmichael, Mr David Chaytor, Mr James Clappison, Mr Geoffrey Clifton-Brown, Mr Nick Gibb, Mr John Grogan, Mr John Heppell, Rosemary McKenna, Mr Humfrey Malins, Kali Mountford, Dr Doug Naysmith, Mr Mark Oaten, Sandra Osborne, Anne Picking and Mr Greg Pope. 6 Draft Public Processions (Amendment) (Northern Ireland) Order 2005: (1) The Speaker has allocated the draft Order to the Fifth Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated twenty Members to serve on the Committee: Ms Candy Atherton, Mr Keith Bradley, Richard Burden, Mrs Helen Clark, Mr Vernon Coaker, Mr Jim Cousins, Ross Cranston, Mr Jeffrey M. Donaldson, Mr John Gummer, Mr William Hague, Mr Tom Harris, Mr Stephen Hepburn, Lady Hermon, Mr David Lidington, Mr Peter Luff, Mr Eddie McGrady, Lembit O­pik, Mr Ian Pearson, Mr Gordon Prentice and Mr Gwyn Prosser. 7 Draft Social Security (Inherited SERPS) (Amendment) Regulations 2005: (1) The Speaker has allocated the draft Regulations to the Sixth Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: John Austin, David Cairns, Mr Tom Clarke, Mr Doug Henderson, Paul Holmes, Glenda Jackson, Andy King, Mr Peter Lilley, Mr John Maples, Margaret Moran, Mr John Randall, John Robertson, Dr Gavin Strang, Mr Nigel Waterson, Steve Webb and Malcolm Wicks. 8 Draft Courts Act 2003 (Consequential Provisions) Order 2005: (1) The Speaker has allocated the draft Order to the Seventh Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Peter Atkinson, Colin Burgon, Mr John Burnett, Mr Jim Cunningham, Geraint Davies, Mr Oliver Heald, Simon Hughes, Alan Keen, Mr Christopher Leslie, Mr Terry Lewis, Mr David Marshall, Mr Francis Maude, Bridget Prentice, Mr Richard Shepherd, Alan Simpson and Iain Wright. 9 Draft Child Support (Miscellaneous Amendments) Regulations 2005: (1) The Speaker has allocated the draft Regulations to the Eighth Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: David Cairns, Mrs Lorna Fitzsimons, Kate Hoey, Paul Holmes, Mrs Helen Liddell, Margaret Moran, Mr Chris Pond, Mr Stephen Pound, Mr John Randall, Christine Russell, Mr Paul Stinchcombe, Mr Ian Taylor, Sir Teddy Taylor, Steve Webb, Dr Alan Whitehead and Mr David Willetts. 10 Draft New Opportunities Fund (Specification of Initiative) Order 2005: (1) The Speaker has allocated the draft Order to the Ninth Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Ms Diane Abbott, Mr Geoffrey Clifton-Brown, Jon Cruddas, Mr Don Foster, Mr Roger Godsiff, Mr Nick Hawkins, Estelle Morris, Albert Owen, Bob Russell, Mr Andrew Smith, Dr Howard Stoate, Mr Hugo Swire, Mark Tami, Mr Michael Trend, Mr Tom Watson and Brian White. 11 Draft Northern Ireland Act 2000 (Modification) Order 2005: (1) The Speaker has allocated the draft Order to the Tenth Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated twenty Members to serve on the Committee: Tony Baldry, Mr Clive Betts, Mr Vernon Coaker, Mr Nigel Dodds, Dr Hywel Francis, Mr Tom Harris, Lady Hermon, Mr David Heyes, Lynne Jones, Mr David Lidington, Mr Peter Luff, Mr Eddie McGrady, Mr Eric Martlew, Mr Michael Mates, Lembit O­pik, Linda Perham, Mr Andy Reed, Mr John Spellar, Mr Michael Wills and Mr Shaun Woodward. 12 Draft Pension Protection Fund (PPF Ombudsman) Order 2005, the draft Pension Protection Fund (Pension Compensation Cap) Order 2005, and the draft Occupational Pension Schemes (Levies) Regulations 2005: (1) The Speaker has allocated the draft Orders and draft Regulations to the Eleventh Standing Committee on Delegated Legislation; and Page 209      Wednesday 2nd March 2005       2004-2005      Volume 261      Back to top (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Vera Baird, Sir Paul Beresford, Jeff Ennis, Mr Derek Foster, Paul Holmes, Mr Bob Laxton, Mr Austin Mitchell, Margaret Moran, Dan Norris, Mr John Randall, Mr Chris Smith, Mr David Tredinnick, Mr Robert N. Wareing, Mr Nigel Waterson, Steve Webb and Malcolm Wicks. 13 Draft Criminal Justice and Police Act 2001 (Amendment) Order 2005: (1) The Speaker has allocated the draft Order to the Twelfth Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Ms Hazel Blears, Peter Bottomley, Ms Karen Buck, Mr Ronnie Campbell, Mr Alistair Carmichael, Mr Colin Challen, Mr Geoffrey Clifton-Brown, Mr Ian Davidson, Mr David Heath, Mr John Heppell, Mr Andrew Mitchell, Joan Ruddock, Phil Sawford, Ms Dari Taylor, Tony Worthington and Sir George Young. 14 Draft Social Security Commissioners (Procedure) (Amendment) Regulations 2005: (1) The Speaker has allocated the draft Regulations to the Thirteenth Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Peter Atkinson, Sir Sydney Chapman, Geraint Davies, Mr Jonathan Djanogly, Mr Adrian Flook, Mr Neil Gerrard, Dr Evan Harris, Mr Robert Jackson, Mr David Lammy, Bridget Prentice, Jonathan Shaw, Mr Gerry Steinberg, Mr Paul Tyler, Joan Walley, Mr Brian Wilson and David Winnick. 15 Draft District Policing Partnerships (Northern Ireland) Order 2005: (1) The Speaker has allocated the draft Order to the Fourteenth Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated twenty Members to serve on the Committee: Mr Gregory Campbell, Mr Alistair Carmichael, Mr Vernon Coaker, Mrs Claire Curtis-Thomas, Mr Brian H. Donohoe, Clive Efford, David Hamilton, Mr Tom Harris, Lady Hermon, Mr Lindsay Hoyle, Mr David Lidington, Mr Peter Luff, Siobhain McDonagh, Mr Eddie McGrady, John Mann, Chris Mole, Mr Ian Pearson, Mr Martin Salter, Mr Peter Viggers and Mr Robert Walter. 16 Draft Renewables Obligation Order 2005: (1) The Speaker has allocated the draft Order to the Fifteenth Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Peter Ainsworth, Gregory Barker, Harry Cohen, Mr Robin Cook, Sir Patrick Cormack, Brian Cotter, Mr Kelvin Hopkins, Mr Brian Jenkins, Helen Jones, Mr Eric Joyce, Mr Mike O'Brien, Mr Laurence Robertson, Mr Geoffrey Robinson, Mr Sio¤n Simon, Mr Andrew Stunell and Mr Tom Watson. 17 Draft Higher Education (Northern Ireland) Order 2005: (1) The Speaker has allocated the draft Order to the Sixteenth Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated twenty Members to serve on the Committee: Mr Roy Beggs, Mrs Liz Blackman, Kevin Brennan, Mr Vernon Coaker, Ann Coffey, Mr Nigel Evans, Mr Michael Foster (Worcester), Mr Barry Gardiner, Mr Tom Harris, Charles Hendry, Mr Andrew Hunter, Huw Irranca-Davies, Mr Bob Laxton, Tom Levitt, Mr Peter Luff, Mr Eddie McGrady, Lembit O­pik, Mr Andrew Rosindell, Jonathan Shaw and Gareth Thomas (Clwyd West). 18 Draft Occupational Pension Schemes (Modification of Pension Protection Provisions) Regulations 2005: (1) The Speaker has allocated the draft Regulations to the Seventeenth Standing Committee on Delegated Legislation; and (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Nicholas Brown, David Cairns, Barbara Follett, Mr Edward Garnier, Paul Holmes, Mr Calum MacDonald, Alice Mahon, Margaret Moran, Diana Organ, Mr Ken Purchase, Mr John Randall, Sir Michael Spicer, Ms Gisela Stuart, Mr Nigel Waterson, Steve Webb and Malcolm Wicks. 19 Draft Social Security (Contributions) (Re-Rating and National Insurance Funds Payments) Order 2005: (1) The Speaker has allocated the draft Order to the Eighteenth Standing Committee on Delegated Legislation; and Page 210      Wednesday 2nd March 2005       2004-2005      Volume 261      Back to top (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mrs Angela Browning, Mr Liam Byrne, Dr Vincent Cable, Mrs Anne Campbell, Mr Michael Fallon, Jim Fitzpatrick, Mr Mark Francois, Mr Ivan Henderson, Mr Piara S. Khabra, Mr David Laws, Judy Mallaber, Mr Robert Marshall-Andrews, Mr George Mudie, Dawn Primarolo, Mr David Ruffley and Mr Clive Soley. APPENDIX III Reports from Select Committees 1 Culture, Media and Sport,—Minutes of Evidence taken before the Culture, Media and Sport Committee [Arts Development: Theatre]; to be printed [No. 254-v] [Sir Gerald Kaufman]. 2 Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [The Work of the Department for Education and Skills]; to be printed [No. 405] [Mr Barry Sheerman]. 3 Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Sub-Committee on the Draft Natural Environment and Rural Communities Bill of the Environment, Food and Rural Affairs Committee [Draft Natural Environment and Rural Communities Bill]; to be printed [No. 408-ii] [Mr Michael Jack]. 4 Environmental Audit,—(1) Minutes of Evidence taken before the Environmental Audit Committee [Sustainable Procurement Policy]; to be printed [No. 266-i]; and (2) Appendices to the Minutes of Evidence taken before the Committee on 20th October 2004 [Hazardous Waste and Waste Policy]; to be printed [No. 267] [Mr Peter Ainsworth]. 5 European Scrutiny,—(1) Tenth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 38-x]; and (2) Memoranda laid before the Committee [Ministerial Correspondence] [Mr Jimmy Hood]. 6 Human Rights,—(1) Tenth Report from the Joint Committee on Human Rights [Prevention of Terrorism Bill]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 334]; and (2) Eleventh Report from the Committee [Government Response to the Third Report from the Committee, Deaths in Custody]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 416] [Jean Corston]. 7 Northern Ireland Affairs,—(1) Seventh Report from the Northern Ireland Affairs Committee [The Functions of the Northern Ireland Policing Board], 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. 108]; (2) Minutes of Evidence taken before the Committee on 28th February [Reconciliation: Ways of Dealing with Northern Ireland's past]; to be printed [Nos. 303-vi and -vii]; (3) Minutes of Evidence taken before the Committee on 2nd March [Reconciliation: Ways of Dealing with Northern Ireland's past]; to be printed [No. 303-viii] [Mr Michael Mates]; and (4) Minutes of Evidence taken before the Sub-Committee of the Committee on 1st March [Air Transport Services in Northern Ireland]; to be printed [No. 53-viii] [Mr Tony Clarke]. 8 Public Accounts,—(1) Minutes of Evidence taken before the Committee of Public Accounts [Department for Employment and Learning: Jobskills]; to be printed [No. 417-i]; and (2) Minutes of Evidence taken before the Committee [Local Management of Schools]; to be printed [No. 418-i] [Mr Edward Leigh]. 9 Science and Technology,—(1) Fifth Special Report from the Science and Technology Committee [The Work of the Economic and Social Research Council: Government Response to the Committee's First Report]; to be printed [No. 401]; (2) Minutes of Evidence taken before the Committee [OST Scrutiny 2005]; to be printed [No. 250-i]; and (3) Minutes of Evidence taken before the Committee [Strategic science provision in English Universities]; to be printed [No. 220-iii] [Dr Ian Gibson]. Page 211      Wednesday 2nd March 2005       2004-2005      Volume 261      Back to top 10 Trade and Industry,—Minutes of Evidence taken before the Trade and Industry Committee [Occupational Segregation and the Gender Pay Gap]; to be printed [No. 300-ii] [Mr Martin O'Neill]. 11 Transport,—(1) Fourth Report from the Transport Committee [Departmental Annual Report 2004], 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. 409]; (2) Second Special Report from the Committee [Government Response to the Eighteenth Report from the Committee, Session 2003–04, on Galileo]; to be printed [No. 410]; and (3) Minutes of Evidence taken before the Committee [Search and Rescue]; to be printed [No. 322-ii] [Mrs Gwyneth Dunwoody]. [No. 46; WH, No. 27] Wednesday 2nd March 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. 47.] Thursday 3rd March 2005. The House met at half-past Eleven o'clock. PRAYERS. 1 Message from the Lords,—A Message was brought from the Lords, as follows: Parliamentary Commissioner (Amendment) Bill [Lords],—The Lords have passed a Bill to amend the Parliamentary Commissioner Act 1967 so as to enable the Parliamentary Commissioner for Administration to investigate complaints received directly from members of the public; to which the Lords desire the concurrence of this House. 2 Consumer Credit Bill,—The House, according to Order, proceeded to consider the Consumer Credit Bill, as amended in the Standing Committee. A Clause (NC1) (Disapplication of section 101 of the 1974 Act)—(Mr Gerry Sutcliffe)—brought up, read the first and second time, and added to the Bill. Another Clause (NC2) (Maximum levels of interest and other charges)—(Adam Price)—brought up, and read the first time. Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn. Amendments (Nos. 1 to 7) made to the Bill. Another Amendment (No. 21) proposed to the Bill, in page 13, line 19, at the end, to insert the words— ‘(2A) For the purposes of this section, an agreement shall be automatically unfair if the court determines that— (a) at the time of making the agreement the debtor could not reasonably have been expected to maintain the level of payments required under the agreement; or (b) the lender made inadequate attempts to determine the financial circumstances of the borrower at the time of entering into an agreement.'.—(Malcolm Bruce.) Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn. Other Amendments (Nos. 8 to 13, 19, 14 to 18 and 20) made to the Bill. The Bill was read the third time, and passed. 3 Northern Ireland,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Company Directors Disqualification (Amendment) (Northern Ireland) Order 2005, which was laid before this House on 20th January, be approved—(Bridget Prentice):—It was agreed to. Page 212      Thursday 3rd March 2005       2004-2005      Volume 261      Back to top 4 Northern Ireland,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Insolvency (Northern Ireland) Order 2005, which was laid before this House on 24th January, be approved—(Bridget Prentice):—It was agreed to. 5 Data Protection,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 2005, which was laid before this House on 26th January, be approved—(Bridget Prentice):—It was agreed to. 6 Audit Commission,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Code of Audit Practice for local government bodies (2005), a copy of which was laid before this House on 27th January, be approved—(Bridget Prentice):—It was agreed to. 7 Audit Commission,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Code of Audit Practice for local NHS bodies (2005), which was laid before this House on 27th January, be approved—(Bridget Prentice):—It was agreed to. 8 Town and Country Planning,—Ordered, That the Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005 (S.I., 2005, No. 206), dated 3rd February 2005, be referred to a Standing Committee on Delegated Legislation.—(Bridget Prentice.) 9 Adjournment,—Resolved, That this House do now adjourn.—(Bridget Prentice.) And accordingly, the House, having continued to sit till fourteen minutes to Six o'clock, adjourned till to-morrow. [Adjourned at 5.46 p.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Negative Resolution: 1 Agriculture,—Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2005 (S.I., 2005, No. 432), dated 1st March 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett]. 2 Countryside,—New Forest National Park Authority (Establishment) Order 2005 (S.I., 2005, No. 421), dated 2nd March 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett]. 3 Employment Tribunals,—Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2005 (S.I., 2005, No. 435), dated 22nd February 2005 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt]. Other Papers: 4 Hong Kong,—Six-monthly Report on Hong Kong, July–December 2004 [by Command] [Cm. 6484] [Mr Secretary Straw]. Papers withdrawn: 5 Regulatory Reform,—Draft Regulatory Reform (Fire Safety) Order 2005 [laid 21st February]. APPENDIX II Standing Committees 1 Criminal Law (Amendment) (Householder Protection) Bill,—The Speaker has appointed Frank Cook Chairman of Standing Committee C in respect of the Bill. 2 Draft Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2005,—The Speaker has appointed David Taylor Chairman of the First Standing Committee on Delegated Legislation in respect of the draft Regulations. 3 Draft Child Benefit and Guardian's Allowance Up-Rating Order 2005, draft Child Benefit and Guardian's Allowance Up-Rating (Northern Ireland) Order 2005 and draft Tax Credits Up-Rating Regulations 2005,—The Speaker has appointed Mr Peter Pike Chairman of the Second Standing Committee on Delegated Legislation in respect of the draft Orders and Regulations. Page 213      Thursday 3rd March 2005       2004-2005      Volume 261      Back to top 4 Draft Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005,—The Speaker has appointed Derek Conway Chairman of the Third Standing Committee on Delegated Legislation in respect of the draft Order. 5 Draft Immigration (Application Fees) Order 2005,—The Speaker has appointed Mr Eric Forth Chairman of the Fourth Standing Committee on Delegated Legislation in respect of the draft Order. 6 Draft Public Processions (Amendment) (Northern Ireland) Order 2005,—The Speaker has appointed Mr Roger Gale Chairman of the Fifth Standing Committee on Delegated Legislation in respect of the draft Order. 7 Draft Social Security (Inherited SERPS) (Amendment) Regulations 2005,—The Speaker has appointed Mr Nigel Beard Chairman of the Sixth Standing Committee on Delegated Legislation in respect of the draft Regulations. 8 Draft Courts Act 2003 (Consequential Provisions) Order 2005,—The Speaker has appointed Miss Anne Begg Chairman of the Seventh Standing Committee on Delegated Legislation in respect of the draft Order. 9 Draft Child Support (Miscellaneous Amendments) Regulations 2005,—The Speaker has appointed Mr Nigel Beard Chairman of the Eighth Standing Committee on Delegated Legislation in respect of the draft Regulations. 10 Draft New Opportunities Fund (Specification of Initiative) Order 2005,—The Speaker has appointed Mr Edward O'Hara Chairman of the Ninth Standing Committee on Delegated Legislation in respect of the draft Order. 11 Draft Northern Ireland Act 2000 (Modification) Order 2005,—The Speaker has appointed Mr Alan Hurst Chairman of the Tenth Standing Committee on Delegated Legislation in respect of the draft Order. 12 Draft Pension Protection Fund (PPF Ombudsman) Order 2005, draft Pension Protection Fund (Pension Compensation Cap) Order 2005 and draft Occupational Pension Schemes (Levies) Regulations 2005,—The Speaker has appointed Mr Bill O'Brien Chairman of the Eleventh Standing Committee on Delegated Legislation in respect of the draft Orders and Regulations. 13 Draft Criminal Justice and Police Act 2001 (Amendment) Order 2005,—The Speaker has appointed Miss Anne Begg Chairman of the Twelfth Standing Committee on Delegated Legislation in respect of the draft Order. 14 Draft Social Security Commissioners (Procedure) (Amendment) Regulations 2005,—The Speaker has appointed Mr Roger Gale Chairman of the Thirteenth Standing Committee on Delegated Legislation in respect of the draft Regulations. 15 Draft District Policing Partnerships (Northern Ireland) Order 2005,—The Speaker has appointed Mr Edward O'Hara Chairman of the Fourteenth Standing Committee on Delegated Legislation in respect of the draft Order. 16 Draft Renewables Obligation Order 2005,—The Speaker has appointed Frank Cook Chairman of the Fifteenth Standing Committee on Delegated Legislation in respect of the draft Order. 17 Draft Higher Education (Northern Ireland) Order 2005,—The Speaker has appointed Frank Cook Chairman of the Sixteenth Standing Committee on Delegated Legislation in respect of the draft Order. 18 Draft Occupational Pension Schemes (Modification of Pension Protection Provisions) Regulations 2005,—The Speaker has appointed Mr Peter Pike Chairman of the Seventeenth Standing Committee on Delegated Legislation in respect of the draft Regulations. 19 Draft Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 2005,—The Speaker has appointed Mr Eric Forth Chairman of the Eighteenth Standing Committee on Delegated Legislation in respect of the draft Order. Grand Committees 20 The Speaker has appointed Mr David Amess Chairman of the Northern Ireland Grand Committee in respect of its meeting on 8th March. European Standing Committees 21 The Speaker has appointed Mr John Cummings Chairman of European Standing Committee A in respect of European Union Documents Nos. 15237/04 and 15390/04 on Fishing Opportunities for Certain Fish Stocks in 2005 and 2006. Page 214      Thursday 3rd March 2005       2004-2005      Volume 261      Back to top 22 The Speaker has appointed Mr David Chidgey Chairman of European Standing Committee A in respect of European Union Documents Nos. 7170/04, 7147/04, 7172/04, 7149/04, 7148/04 and 7150/04 on Third Railway Package. 23 The Speaker has appointed Mr Martin Caton Chairman of European Standing Committee C in respect of European Union Document No. 13931/04 on Generalised System of Preferences from 2005. APPENDIX III Reports from Select Committees 1 Defence,—(1) Second Report from the Defence Committee [Tri-Service Armed Forces Bill]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 64]; (2) Third Report from the Committee [Duty of Care]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 63]; and (3) Fourth Report from the Committee [Future Capabilities]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 45] [Mr Bruce George]. 2 Draft Children (Contact) and Adoption Bill,—Minutes of Evidence taken before the Joint Committee on the Draft Children (Contact) and Adoption Bill; to be printed [Nos. 400-iii and -iv] [Mr Clive Soley]. 3 Health,—Minutes of Evidence taken before the Health Committee [The use of New Medical Technologies within the NHS]; to be printed [No. 398-i] [Mr David Hinchliffe]. 4 Liaison,—First Report from the Liaison Committee [Annual Report for 2004], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 419] [Mr Alan Williams]. 5 Public Administration,—Minutes of Evidence taken before the Select Committee on Public Administration [Civil Service Effectiveness]; to be printed [No. 307-iii] [Tony Wright]. [No. 47; WH, No. 28] Thursday 3rd March 2005. The House sitting in Westminster Hall The sitting began at half-past Two o'clock. Adjournment (Decent Homes—Fifth Report from the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee, Session 2003–04, and the Government's response thereto),—Resolved, That the sitting be now adjourned.—(Paul Clark.) And accordingly the sitting was adjourned till Tuesday 8th March. [Adjourned at 5.12 p.m. [No. 48.] Friday 4th March 2005. The House met at half-past Nine o'clock. 1 The Speaker's Absence,—The House being met, and the Speaker having leave of absence pursuant to paragraph (3) of Standing Order No. 3 (Deputy Speaker), Sir Alan Haselhurst, the Chairman of Ways and Means, proceeded to the Table. PRAYERS. 2 The Chairman of Ways and Means took the Chair as Deputy Speaker, pursuant to the Standing Order. 3 Liaison Committee,—Mr Alan Williams reported, pursuant to Standing Order No. 145 (Liaison Committee), That the Liaison Committee had directed him to report the following recommendation for the allocation of time for the consideration of an Estimate on an allotted day (being the first part of the second allotted day in the present Session of Parliament): That a day not later than 18th March be allotted for the consideration of the following Supplementary Estimate for the financial year 2004–05: Department for Culture, Media and Sport, in so far as it relates to the Future of the BBC. Report to lie upon the Table. Page 215      Friday 4th March 2005       2004-2005      Volume 261      Back to top 4 Message from the Lords,—A Message was brought from the Lords, as follows: Education Bill [Lords],—The Lords have passed a Bill to make provision about the inspection of schools, child minding, day care, nursery education and careers services; to make other provision about school education; to make provision about the training of persons who work in schools and other persons who teach, about the supply of personal information for purposes related to education and about the attendance of children at educational provision outside schools; and for connected purposes; to which the Lords desire the concurrence of this House. 5 Education Bill [Lords],—The Education Bill [Lords] was read the first time; and ordered to be read a second time on Monday 7th March and to be printed [Bill 77]. Ordered, That the Explanatory Notes relating to the Education Bill [Lords] be printed [Bill 77–EN]. 6 Health and Safety (Directors' Duties) Bill,—The Order of the day being read, for the Second Reading of the Health and Safety (Directors' Duties) Bill; And a Motion being made, and the Question being put, That the Bill be now read a second time; The House divided. Tellers for the Ayes, Mr Tom Watson, Joan Ryan: 28. Tellers for the Noes, Mr Eric Forth, Mr Edward Leigh: 0. And it appearing on the report of the Division that fewer than forty Members had taken part in the Division, the Deputy Speaker declared that the Question was not decided, and the business under consideration stood over until the next sitting of the House. 7 Sexual Offences Act 2003 (Amendment) Bill,—The Order of the day being read, for the Second Reading of the Sexual Offences Act 2003 (Amendment) Bill; And a Motion being made, and the Question being proposed, That the Bill be now read a second time; And it being half-past Two o'clock, the Debate stood adjourned. Ordered, That the Debate be resumed on Friday 18th March. 8 Armed Forces (Parliamentary Approval for Participation in Armed Conflict) Bill,—The Order of the day being read, for the Second Reading of the Armed Forces (Parliamentary Approval for Participation in Armed Conflict) Bill; The Solicitor General acquainted the House, That she 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, so far as it is affected by the Bill, at the disposal of Parliament for the purposes of the Bill. And objection being taken to further proceeding; Ordered, That the Bill be read a second time on Friday 22nd April. 9 Succession to the Crown (No. 2) Bill,—The Order of the day being read, for the Second Reading of the Succession to the Crown (No. 2) Bill; The Solicitor General acquainted the House, That she 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, so far as it is affected by the Bill, at the disposal of Parliament for the purposes of the Bill. And objection being taken to further proceeding; Ordered, That the Bill be read a second time on Friday 22nd April. 10 Estate Agents (Independent Redress Scheme) Bill,—The Order of the day being read, for the Second Reading of the Estate Agents (Independent Redress Scheme) Bill; Ordered, That the Bill be read a second time on Friday 22nd April. 11 Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr Tom Watson); And the Motion having been made after half-past Two o'clock, and the Debate having continued for half an hour, the Deputy Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then one minute past Three o'clock, till Monday 7th March. [Adjourned at 3.01 p.m. Page 216      Friday 4th March 2005       2004-2005      Volume 261      Back to top APPENDIX Papers presented or laid upon the Table: Papers subject to Negative Resolution: 1 Courts-Martial (Appeals),—Courts-Martial Appeal (Amendment) Rules 2005 (S.I., 2005, No. 446), dated 27th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Christopher Leslie]. 2 Customs and Excise,—(1) Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) Order 2005 (S.I., 2005, No. 468); (2) Trade in Controlled Goods (Embargoed Destinations) (Amendment) Order 2005 (S.I., 2005, No. 445); and (3) Trade in Goods (Control) (Amendment) Order 2005 (S.I., 2005, No. 443), dated 2nd March 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Ms Secretary Hewitt]. 3 Education,—Education (Budget Statements) (England) Regulations 2005 (S.I., 2005, No. 345), dated 16th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Ruth Kelly]. 4 Food,—(1) Dairy Produce Quotas (General Provisions) (Amendment) Regulations 2005 (S.I., 2005, No. 466), dated 3rd March 2005; and (2) Dairy Produce Quotas Regulations 2005 (S.I., 2005, No. 465), dated 1st March 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Secretary Margaret Beckett]. 5 Freedom of Information,—Information Tribunal (Enforcement Appeals) (Amendment) Rules 2005 (S.I., 2005, No. 450), dated 2nd March 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Christopher Leslie]. 6 Proceeds of Crime,—Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2005 (S.I., 2005, No. 386), dated 23rd February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke]. 7 Public Health,—Health Protection Agency Regulations 2005 (S.I., 2005, No. 408), dated 28th February 2005 [by Act] [Mr Secretary Reid]. 8 Road Traffic,—(1) Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Broxbourne) Order 2005 (S.I., 2005, No. 405), dated 24th February 2005; and (2) Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Spelthorne) Order 2005 (S.I., 2005, No. 403), dated 22nd February 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Darling]. 9 Supreme Court of England and Wales,—Criminal Procedure Rules 2005 (S.I., 2005, No. 384), dated 18th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Christopher Leslie]. 10 Trade Marks,—Community Trade Mark (Designation of Community Trade Mark Courts) Regulations 2005 (S.I., 2005, No. 440), dated 23rd February 2005 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt]. Other Papers: 11 Trade and Industry,—Department of Trade and Industry Minutes, dated— (1) 3rd March 2005, concerning the lease of the United Kingdom Continental Shelf Core Store, 376 Gilmerton Road, Edinburgh, to the British Geological Survey; and (2) 4th March 2005, concerning the renewal of an indemnity to Nuclear Risk Insurers Ltd (formerly British Nuclear Insurers) [by Command] [Ms Secretary Hewitt]. Previous Chronological Index Next   Part I Alphabetical Index Part II Alphabetical Index     © Parliamentary copyright 2007 Prepared 17 January 2007