Session 2004-2005 |
Commons Journal 261
Chronological Index
Page 305 2004-2005 Volume 261 [No. 62.] Monday 4th April 2005. The House met at half-past Two o'clock. PRAYERS.
Committal 1. The Bill shall be committed to a Standing Committee. Proceedings in Standing Committee 2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 14th April 2005. 3. The Standing Committee shall have leave to sit twice on the first day on which it meets. Consideration and Third Reading 4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced. 5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day. Programming Committee 6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading. Programming of proceedings 7. Any other proceedings on the Bill (including any proceedings on any message from the Lords) may be programmed(Mr John Heppell):It was agreed to.
A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Public Services Ombudsman (Wales) Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of any increase attributable to the Act in the sums payable out of money provided by Parliament under another enactment(Mr John Heppell):It was agreed to.
And it being Ten o'clock, the Motion for the adjournment of the House lapsed, without Question put.
And accordingly, the House, having continued to sit till half-past Ten o'clock, adjourned till to-morrow. [Adjourned at 10.30 p.m. Page 306 Monday 4th April 2005 2004-2005 Volume 261 Back to top APPENDIX I Papers presented or laid upon the Table: Papers presented by Her Majesty's Command and delivered to the Votes and Proceedings Office on the undermentioned dates during the adjournment pursuant to Standing Order No. 158 (Presentation of command papers): Thursday 31st March 2005
Friday 1st April 2005
Papers delivered to the Votes and Proceedings Office on the undermentioned dates during the adjournment pursuant to Standing Order No. 159 (Presentation of statutory instruments): Papers subject to Negative Resolution: Tuesday 29th March 2005
Wednesday 30th March 2005
Thursday 31st March 2005
(2) Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights) Amendment Regulations 2005 (S.I., 2005, No. 891), dated 22nd March 2005; and Page 307 Monday 4th April 2005 2004-2005 Volume 261 Back to top (3) Pensions Regulator (Notifiable Events) Regulations 2005 (S.I., 2005, No. 900), dated 23rd March 2005, with Explanatory Memoranda thereon [Mr Secretary Johnson].
Friday 1st April 2005
Papers presented or laid upon the Table on Monday 4th April 2005: Papers subject to Affirmative Resolution:
Papers subject to Negative Resolution:
(2) Education (Variation of Admission Arrangements) (England) (Amendment) Regulations 2005 (S.I., 2005, No. 873), dated 22nd March 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Secretary Ruth Kelly].
Other Papers:
Page 308 Monday 4th April 2005 2004-2005 Volume 261 Back to top
(1) Rates of Pay and Bounties of the Royal Air Force Reserve, the Royal Auxiliary Air Force and Uniformed Adult Instructors of the Air Training Corps and the Combined Cadet Force (RAF); (2) Rates of Pay and Bounties of the Royal Fleet Reserve, the Royal Naval Reserve and the Royal Marine Reserve; (3) Rates of Pay of the Royal Air Force; and (4) Regulations of the Royal Air Force Retired Pay and Pensions [by Act] [Mr Secretary Hoon].
(1) the Deputy Prime Minister on the Petition [2nd March] 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; (2) the Secretary of State for Transport on the Petition [17th March] from the residents of Remenham, Wargrave, and Ruscombe, in Wokingham, and others against the Community Rail proposals for the Henley to Twyford and Maidenhead to Marlow branch lines; (3) the Secretary of State for Work and Pensions on the Petitions [7th March] (i) from members of the Turner and Newall Pension Fund and their supporters for action to deal with the projected shortfall in the fund; and (ii) from residents of High Folkestone, Hythe and the surrounding area against the proposed closure of the New Romney Jobcentre [by Standing Order]; to be printed [Clerk of the House].
APPENDIX II Reports from Select Committees
Page 309 Monday 4th April 2005 2004-2005 Volume 261 Back to top
[No. 63.] Tuesday 5th April 2005. The House met at half-past Eleven o'clock. PRAYERS.
Ordered, That the Bill be read a second time on Tuesday 12th April.
Bill, not amended in the Standing Committee, to be considered on Friday 8th April. Minutes of Proceedings of the Committee to lie upon the Table.
Minutes of Proceedings of the Committee to lie upon the Table.
The Lords have agreed to the Commissioners for Revenue and Customs Bill, with Amendments; to which they desire the concurrence of this House.
Bill withdrawn.
Consideration of Lords Amendments 1. Proceedings on consideration of Lords Amendments shall be completed at this day's sitting and shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement. Page 310 Tuesday 5th April 2005 2004-2005 Volume 261 Back to top Subsequent stages 2. Any further Message from the Lords may be considered forthwith without any further question being put. 3. The proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement(James Purnell); The House divided. Tellers for the Ayes, Gillian Merron, Mr John Heppell: 277. Tellers for the Noes, Mr John Randall, Mr Eric Forth: 97. So the Question was agreed to.
Lords Amendment No. 1. An Amendment ((a)) was proposed to the Lords Amendment, in line 5, at the end, to add the words (c) a lack of capacity which is, or appears to be, purely temporary.'.(Mr Iain Duncan Smith.) And the Question being put, That the Amendment be made; The House divided. Tellers for the Ayes, Ann Winterton, Mr Edward Leigh: 98. Tellers for the Noes, Jim Fitzpatrick, Gillian Merron: 240. So the Question was negatived. It being more than one hour after the commencement of proceedings on the Lords Amendments, the Speaker, pursuant to Order [this day], proceeded to put the Questions to be decided at that hour. And the Question being put, That this House agrees with the Lords in their Amendment No. 1; The House divided. Tellers for the Ayes, Mr Jim Murphy, Jim Fitzpatrick: 269. Tellers for the Noes, Miss Ann Widdecombe, Ann Winterton: 68. So the Question was agreed to. The Lords Amendment was accordingly agreed to. The Speaker then put the Question, That this House agrees with the Lords in the remaining Lords Amendments. The House divided. Tellers for the Ayes, Mr Jim Murphy, Jim Fitzpatrick: 236. Tellers for the Noes, Ann Winterton, Mr Desmond Swayne: 51. So the Question was agreed to. Lords Amendments Nos. 2 to 95 were accordingly agreed to, the Commons being willing to waive their privileges in respect of Lords Amendment No. 69.
And the Motion having been made after Seven 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 nineteen minutes past Nine o'clock, till to-morrow. [Adjourned at 9.19 p.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Affirmative Resolution:
Page 311 Tuesday 5th April 2005 2004-2005 Volume 261 Back to top Papers subject to Negative Resolution:
Other Papers:
APPENDIX II Standing Committees
APPENDIX III Reports from Select Committees
Page 312 Tuesday 5th April 2005 2004-2005 Volume 261 Back to top
(2) Sixth Report from the Committee [NHSContinuing Care], together with the 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. 399-I and -II]; (3) Memoranda laid before the Committee [The use of New Medical Technologies within the NHS]; (4) Memoranda laid before the Committee [NHSContinuing Care]; and (5) Memoranda laid before the Committee [The Government's Public Health White Paper (Cm. 6374)] [Mr David Hinchliffe].
(2) Fourth Special Report from the Committee [Government Response to the Third Report from the Committee, on DFID's bilateral programme of assistance to India]; to be printed [No. 506]; and (3) Memoranda laid before the Committee [Development assistance in Iraq] [Tony Baldry].
(2) Memorandum laid before the Committee [Local Government Consultation] [Andrew Bennett].
(2) Third Report from the Select Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 217-iii] [Mr David Tredinnick].
[No. 63; WH, No. 38] Tuesday 5th April 2005. The House sitting in Westminster Hall The sitting began at half-past Nine o'clock.
And the sitting having continued for two and a half hours after Two o'clock, it was adjourned without Question put, till to-morrow. [Adjourned at 4.30 p.m. Page 313 Tuesday 5th April 2005 2004-2005 Volume 261 Back to top [No. 64.] Wednesday 6th April 2005. The House met at half-past Eleven o'clock. PRAYERS.
The Lords have agreed to the Railways Bill, with Amendments; to which the Lords desire the concurrence of this House.
Sittings on 6th, 7th and 8th April: general 1. At this day's sitting and at the sittings to-morrow and on Friday (1) any Motion made by a Minister of the Crown may be proceeded with, though opposed, until any hour, and shall not be interrupted under any Standing Order relating to the sittings of the House; (2) proceedings on Lords Amendments or any subsequent Lords Message in respect of any Bill may be considered forthwith without any further Question being put and shall be brought to a conclusion (unless already concluded) one hour after their commencement (subject to paragraph 3(1)); (3) Standing Orders Nos. 83D to 83H and 83I(2) to (6) (conclusion of proceedings, &c.) shall apply to proceedings to be taken in accordance with this Order (but with the omission of Standing Orders Nos. 83D(2)(c) and 83E(2)(c)); (4) notices of Amendments, new Clauses or new Schedules to be moved in Committee on any Bill may be accepted by the Clerks at the Table before the Bill has been read a second time; (5) Standing Order No. 41A (Deferred divisions) shall not apply; and (6) the Speaker shall not adjourn the House until any Messages from the Lords have been received and any Committee to draw up Reasons has reported. Wednesday 6th April 2. At the sitting this day the following business shall be brought to a conclusion (unless already concluded) at the time after its commencement shown in brackets at the end of each sub-paragraph (1) any Motion made by a Minister of the Crown for the reading of specified Resolutions of 22nd March, presentation and first reading of any Finance (No. 2) Bill brought in on those Resolutions and remaining proceedings on any such Bill (four hours); (2) any Motion made by a Minister of the Crown for the bringing in of an Appropriation Bill, presentation and first reading of any Bill brought in in pursuance of that motion and remaining proceedings on any such Bill, to which Standing Order No. 56 (Consolidated Fund Bills) shall apply (forthwith); (3) remaining proceedings on the Inquiries Bill [Lords] (one hour); (4) Committee of the whole House and remaining proceedings on the Disability Discrimination Bill [Lords] (one hour); and (5) Committee of the whole House and remaining proceedings on the Public Services Ombudsman (Wales) Bill [Lords] (one hour). Thursday 7th April 3. At the sitting to-morrow the following business shall be brought to a conclusion (unless already concluded) at the time after its commencement shown in brackets at the end of each sub-paragraph (1) proceedings on any Lords Amendments to the Serious Organised Crime and Police Bill which may be received (one and a half hours); Page 314 Wednesday 6th April 2005 2004-2005 Volume 261 Back to top (2) remaining proceedings on the Education Bill [Lords] (one hour); (3) the Motion relating to suspension and revival of the Crossrail Bill (one hour); and (4) second reading and remaining proceedings on the International Organisations Bill [Lords] (one and a half hours). 4. On Thursday 7th April there shall be no sitting in Westminster Hall. Friday 8th April 5. On Friday (1) Standing Order No. 14(4) (Private Members' Bills) shall not apply; and (2) the Speaker shall not adjourn the House until a Message has been received from the Lords Commissioners. General 6. If any Finance (No. 2) Bill, or the International Organisations Bill [Lords], is read a second time, it shall stand committed to a Committee of the whole House. 7. The Orders that the Disability Discrimination Bill [Lords] and the Public Services Ombudsman (Wales) Bill [Lords] be committed to a Standing Committee shall be discharged and the Bills shall be committed to a Committee of the whole House. 8. A reference in this Order to proceedings on or in respect of a Bill includes a reference to proceedings on any Money Resolution, Ways and Means Resolution or Order of Consideration Motion in relation to those proceedings. 9. The Order of Consideration Motion of which Maria Eagle has given notice in respect of the Standing Committee on the Disability Discrimination Bill [Lords] may be moved by a Minister of the Crown in respect of the Committee of the whole House to which the Bill is committed under paragraph 7. 10. Paragraph 2(1) shall have effect notwithstanding the practice of the House as to the intervals between stages of Bill brought in upon Ways and Means Resolutions. 11. If the sitting this day continues after 11.30 a.m. on Thursday 7th April, this Order shall have effect as if any reference to the sitting on Thursday 7th April or Friday 8th April included a reference to the sitting this day. 12. If the sitting to-morrow continues after 9.30 a.m. on Friday 8th April, this Order shall have effect as if any reference to the sitting on Friday 8th April included a reference to the sitting to-morrow.(Mr Peter Hain.)
(a) Nos. 1 to 6, 11 to 17, 22 to 27, 30, 43, 47, 48, 50 to 53, 56 and 58; (b) Procedure (Lorry Road-User Charge); (c) paragraphs (a), (e) and (f) of Procedure (Future Taxation); and (d) paragraph (b) of Finance (Money).(Mr Nick Ainger.) Ordered, That a Bill be brought in upon the said Resolutions: and that the Chairman of Ways and Means, Mr Chancellor of the Exchequer, Mr Secretary Prescott, Mr Secretary Darling, Mr Secretary Reid, Ms Secretary Hewitt, Mr Secretary Johnson, Secretary Ruth Kelly, Mr Paul Boateng, Dawn Primarolo, Mr Stephen Timms and John Healey do prepare and bring it in.
The Bill was read a second time, and was committed to a Committee of the whole House, pursuant to Order [this day]. Resolved, That this House will immediately resolve itself into a Committee:The House accordingly resolved itself into a Committee. (In the Committee) Clauses Nos. 1 to 12 agreed to. Clause No. 13 (Non-corporate distribution rate for financial year 2005). Question proposed, That the Clause stand part of the Bill. Page 315 Wednesday 6th April 2005 2004-2005 Volume 261 Back to top And it being four hours after the commencement of proceedings on the Ways and Means Motion, the Chairman, pursuant to Order [this day], put the Questions necessary to bring proceedings in Committee to a conclusion. Clause agreed to. Clauses Nos. 14 to 106 and Schedules Nos. 1 to 11 agreed to. Whereupon the Chairman left the Chair to report the Bill to the House. The Deputy Speaker resumed the Chair; and Jim Fitzpatrick reported, That the Committee had gone through the Bill, and had made no Amendment thereunto. A Motion was made, and the Question being put forthwith, pursuant to Order [this day], That the Bill be now read the third time:It was agreed to. The Bill was accordingly read the third time, and passed.
Ordered, That the Chairman of Ways and Means, Mr Chancellor of the Exchequer, Mr Paul Boateng, Dawn Primarolo, Mr Stephen Timms and John Healey do prepare and bring in the Bill.
And a Motion being made, and the Question being put forthwith, pursuant to Standing Order No. 56 (Consolidated Fund Bills) and Order [this day], That the Bill be now read a second time:It was agreed to. The Bill was accordingly read a second time. And the Question being put forthwith, That the Bill be now read the third time:It was agreed to. The Bill was accordingly read the third time, and passed.
A Motion being made, That the Bill be now read the third time; Mr Paul Boateng, by Her Majesty's Command, acquainted the House, That Her Majesty, having been informed of the purport of the Bill, gives her Consent, as far as Her Majesty's prerogative is concerned, That the House may do therein as it shall think fit. And the Question being put:It was agreed to. The Bill was accordingly read the third time, and passed, with Amendments.
(In the Committee) Ordered, That the Bill be considered in the following order, namely, Clause No. 18, Clauses Nos. 1 to 17, new Clauses, new Schedules, Clause No. 19, Schedules Nos. 1 and 2, Clause No. 20 and remaining proceedings on the Bill.(Maria Eagle.) Clause No. 18 (Meaning of disability'). Amendment (No. 1) proposed, in page 46, line 1, to leave out subsection (3).(Maria Eagle.) Question put, That the Amendment be made. The Committee divided. Tellers for the Ayes, Mr John Heppell, Margaret Moran: 214. Tellers for the Noes, Mr Peter Atkinson, Gregory Barker: 98. Clause, as amended, agreed to. Clauses Nos. 1 to 17 and 19 agreed to. Schedules Nos. 1 and 2 agreed to. Clause No. 20 (Short title, interpretation, commencement and extent). Page 316 Wednesday 6th April 2005 2004-2005 Volume 261 Back to top Amendment (No. 2) made. Clause, as amended, agreed to. Bill, as amended, to be reported. The Deputy Speaker resumed the Chair; and James Purnell reported, That the Committee had gone through the Bill and made Amendments thereunto. Ordered, That the Bill, as amended in the Committee, be now considered:The House accordingly proceeded to consider the Bill. A Motion being made, That the Bill be now read the third time; Mr Bob Ainsworth, by Her Majesty's Command, acquainted the House, That Her Majesty, having been informed of the purport of the Bill, gives her Consent, as far as Her Majesty's interest is concerned, That the House may do therein as it shall think fit. And the Question being put:It was agreed to. The Bill was accordingly read the third time, and passed, with Amendments.
(In the Committee) Clauses Nos. 1 to 45 agreed to. Clause No. 46 (Short title). Amendment (No. 2) made. Clause, as amended, agreed to. Schedule No. 1 (Public Services Ombudsman for Wales: appointment etc.). Amendment (No. 1) proposed, in page 27, line 18, to leave out the words seven years' and insert the words five years, renewable for a further five years'.(Mr Bill Wiggin.) Question proposed, That the Amendment be made:Amendment, by leave, withdrawn. Schedule agreed to. Schedules Nos. 2 to 7 agreed to. Bill, as amended, to be reported. The Deputy Speaker resumed the Chair; and James Purnell reported, That the Committee had gone through the Bill and made an Amendment thereunto. Ordered, That the Bill, as amended in the Committee, be now considered:The House accordingly proceeded to consider the Bill. The Bill was read the third time, and passed, with an Amendment.
Lords Amendments Nos. 1 to 9 were agreed to.
Lords Amendment No. 1. A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment(Mr Tony McNulty); The House divided. Tellers for the Ayes, Mr Tom Watson, James Purnell: 198. Tellers for the Noes, Gregory Barker, Bob Russell: 63. So the Question was agreed to. The Lords Amendment was accordingly disagreed to. Lords Amendments Nos. 2 to 7 were disagreed to. Lords Amendments Nos. 8 to 13 were agreed to. Lords Amendment No. 14 was disagreed to. Page 317 Wednesday 6th April 2005 2004-2005 Volume 261 Back to top Amendments ((a) to (e)) were made to the Bill in lieu of Lords Amendment No. 14 disagreed to. Lords Amendments Nos. 15 to 17 were agreed to. A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 83H (Programme orders: reasons committee) and Order [this day], That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their Amendments Nos. 1 to 7. That Mr Greg Knight, Mr Khalid Mahmood, Gillian Merron, Mr Tony McNulty and John Thurso be members of the Committee. That Mr Tony McNulty be the Chairman of the Committee. That three be the Quorum of the Committee. That the Committee do withdraw immediately(Gillian Merron):It was agreed to.
The Commons disagree to Lords Amendments Nos. 1 to 7 for the following Reason: Because it is inappropriate for Passenger Transport Executives to have the involvement in the franchising of railway passenger services that would result from the provision to be made by Lords Amendments Nos. 1 to 7. The Reason was agreed to. Message to the Lords to communicate the said Reason, with the Bill and Amendments. The Deputy Speaker suspended the sitting, pursuant to Order [this day].
The Lords have agreed to the Clean Neighbourhoods and Environment Bill, with Amendments; to which the Lords desire the concurrence of this House.
Lords Amendments Nos. 1 to 4 were agreed to. The Deputy Speaker suspended the sitting, pursuant to Order [this day].
The Lords have agreed to the Drugs Bill, with Amendments; to which the Lords desire the concurrence of this House.
Lords Amendments Nos. 1 to 3 were agreed to.
(1) residents of Hodge Hill in Birmingham and the surrounding area against the proposed development of a Tesco's supermarket on the site of the Brockhurst Road playing fields; (2) residents of St Albans for legislation preventing the construction of telephone masts without consultation with residents and the taking into account of the needs of children living in the area; and (3) residents and bus passengers of Walton, Stone, in Staffordshire, for the restoration of the 101 bus service from Walton Corner along the A34 to Aston Island were presented and read; and ordered to lie upon the Table and to be printed. Page 318 Wednesday 6th April 2005 2004-2005 Volume 261 Back to top
And the Motion having been made after Seven 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 half-past Ten o'clock, till to-morrow. [Adjourned at 10.30 p.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Negative Resolution:
(2) Teacher Training Agency (Additional Functions) Order 2005 (S.I., 2005, No. 892), dated 23rd March 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Ruth Kelly].
(2) Occupational and Personal Pension Schemes (Pension Liberation) Regulations 2005 (S.I., 2005, No. 992), dated 30th March 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Johnson].
Other Papers:
(1) the Leader of the House of Commons on the Petition [8th March] from William Jolly, Linda Preston, Rhodri Thomas and others against the party whipping system; (2) the Parliamentary Under-Secretary of State for Constitutional Affairs on the Petition [15th March] from the residents of North Nantymoel (Bridgend) and others, for the reinstatement of the polling station at Bryants Centre in North Nantymoel; (3) the Secretary of State for Environment, Food and Rural Affairs on the Petition [14th March] from residents of Middleton on Sea, Sussex, and the surrounding area for maintenance and protection of the beaches in the area; and (4) the Secretary of State for Transport on the Petition [23rd March] from residents of Bexleyheath, Crayford and surrounding areas for the reinstatement of rail services between Bexleyheath and central London [by Standing Order]; to be printed [Clerk of the House].
Page 319 Wednesday 6th April 2005 2004-2005 Volume 261 Back to top APPENDIX II European Standing Committees
APPENDIX III Reports from Select Committees
(2) Memoranda laid before the Committee [Ministerial Correspondence] [Mr Jimmy Hood].
(2) Nineteenth Report from the Committee [The Work of the Committee in the 20012005 Parliament], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 552]; and (3) Memoranda laid before the Committee [UK Derogations from Convention Rights] [Jean Corston].
(2) Ninth Report from the Committee [The Challenge of Diversity: Hate Crime in Northern Ireland]; together with Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 548-I and -II]; (3) Tenth Report from the Committee [Ways of dealing with Northern Ireland's past: Interim ReportVictims and Survivors]; 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. 303-I and -II]; (4) Third Special Report from the Committee [Government Response to the Third Report from the Committee, Session 200405, on Northern Ireland Departments' 200203 Resource Accounts]; to be printed [No. 549]; and (5) Fourth Special Report from the Committee [Government Response to the Sixth Report from the Committee, Session 200405, on Waste Management Strategy in Northern Ireland]; to be printed [No. 550] [Mr Michael Mates].
(2) Twentieth Report from the Committee [PFI: The STEPS deal]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 553]; (3) Twenty-first Report from the Committee [The United Kingdom's civil space programme]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 47]; (4) Twenty-second Report from the Committee [Facing justice: tackling defendants' non-attendance at court]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 103]; (5) Twenty-third Report from the Committee [Reducing crime: the Home Office working with Crime and Disorder Reduction Partnerships]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 147]; (6) Twenty-fourth Report from the Committee [Improving patient care by reducing the risk of hospital acquired infection: a progress report]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 554]; Page 320 Wednesday 6th April 2005 2004-2005 Volume 261 Back to top (7) Twenty-fifth Report from the Committee [Tackling congestion by making better use of England's motorways and trunk roads]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 134]; (8) Twenty-sixth Report from the Committee [Ministry of Defence: the rapid procurement of capability to support operations]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 70]; (9) Twenty-seventh Report from the Committee [The impact of the Office of Government Commerce's initiatives on the delivery of major IT-enabled projects]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 555]; (10) Twenty-eighth Report from the Committee [Network Rail: making a fresh start]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 556]; (11) Twenty-ninth Report from the Committee [Inheritance tax]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 174]; (12) Thirtieth Report from the Committee [Department of Health: reforming NHS dentistry]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 167]; and (13) Minutes of Evidence taken before the Committee [Skills for Life]; to be printed [No. 557-i] [Mr Edward Leigh]. [No. 64; WH, No. 39] Wednesday 6th April 2005. The House sitting in Westminster Hall The sitting began at half-past Nine o'clock.
And the sitting having continued for two and a half hours after Two o'clock, it was adjourned without Question put, till Tuesday 12th April, pursuant to Order [this day]. [Adjourned at 4.30 p.m. THE SPEAKER'S CERTIFICATE
Page 321 Wednesday 6th April 2005 2004-2005 Volume 261 Back to top [No. 65.] Thursday 7th April 2005. The House met at half-past Eleven o'clock. PRAYERS.
SCHEDULE Standing Order 1, line 76, at end insert the term unitary district means a non-metropolitan district which is not included in the area of a county council;'. After Standing Order 1 Insert New Standing Order 1A Deposit of documents etc at offices of government departments and public bodies 1A.(1) Any reference in a provision of these orders to a document, or to a copy or copies of a document, being deposited in accordance with this order is a reference to the document, or to a copy or copies of the document, being deposited (a) at the offices of such government departments and public bodies as may be specified in the list, and (b) if the context so admits, in such quantities as may be so specified. (2) In paragraph (1) above document includes any bill, plan, section, book of reference, ordnance map, environmental or other statement or estimate; the list means the list which, for the purposes of this order, is compiled and maintained by the Private Bill Office under the direction of the Chairman of Ways and Means. (3) The provisions of these orders which contain such references as are mentioned in paragraph (1) above are (a) Standing Order 27(5), (b) Standing Order 27A(1), (c) Standing Order 29, (d) Standing Order 30, (e) Standing Order 30A(1), (f) Standing Order 31, (g) Standing Order 32, (h) Standing Order 34, (i) Standing Order 37, (j) Standing Order 39, (k) Standing Order 45(3), and (l) Standing Order 47(1).' Standing Order 2A, line 5, after November', insert (or if that day is a Saturday or a Sunday, the first Monday following that day)'. Standing Order 4A, line 17, after district,' insert unitary district,'. Standing Order 4A, line 28, after districts,' insert unitary districts,'. Standing Order 4A, line 44, after district,' insert unitary district,'. Standing Order 4A, line 49, after district,' insert unitary district,'. Standing Order 5, line 33, leave out and'. Standing Order 5, line 36, at end insert ; and (f) where it is proposed by the bill to confer powers authorising any alteration or disturbance of the surface of any street or road in connection with the construction of a tramway, tram road, trolley vehicle system or an underground railway, a general description of the roads or streets which may be affected by the exercise of the power and of the circumstances in which, and the extent to which, it is envisaged that the power may be exercised.'. Page 322 Thursday 7th April 2005 2004-2005 Volume 261 Back to top Standing Order 10, line 13, after district,' insert unitary district,'. Standing Order 10, line 24, after districts,' insert unitary districts,'. Standing Order 10, line 36, after district,' insert unitary district,'. Standing Order 10, line 40, after county' insert , metropolitan district, unitary district or London borough'. After Standing Order 10 Insert New Standing Order 10A Publication of notice relating to works bills 10A(1) If the bill (a) authorises the construction of works to which Standing Order 27 (Deposit of plan, book of reference, and section, etc.) applies, or the compulsory acquisition of lands or of rights to use lands, or (b) extends the time limited by a former Act for any of those purposes, the notice shall be displayed for two consecutive weeks ending not later than 11 December at a place of public resort in each of the counties, metropolitan districts, unitary authorities, or London boroughs or (in Wales) the counties or county boroughs or (in Scotland) the local government areas in which the works are to be, or the lands are, situated. (2) For the purposes of paragraph (1), place of public resort include a public library and a local government office.' Standing Order 12, line 4, leave out confer powers authorising any alteration or disturbance of' and insert alter or disturb'. Standing Order 12, line 8, leave out such street or road' and insert street or road the surface of which it is proposed to alter or disturb'. Standing Order 12, line 10, leave out powers' and insert alteration or disturbance'. Standing Order 12, line 12, leave out powers' and insert alteration or disturbance'. Standing Order 12, line 21, leave out the said powers are proposed to be conferred' and insert it is proposed to alter or disturb the surface of any street or road'. Standing Order 12, line 24, leave out any' and insert the'. Standing Order 16, line 24, leave out county councils, metropolitan districts or London boroughs, as the case may be' and insert councils of counties, metropolitan districts, unitary districts or London boroughs or (in Wales) counties or county boroughs'. Standing Order 27, line 12, after district,' insert unitary district,'. Standing Order 27, line 23, after district' insert , unitary district'. Standing Order 27, line 28, after district,' insert unitary district,'. Standing Order 27, line 54, after district,' insert unitary district,'. Standing Order 27, line 69, leave out from and' to end of line 73 and insert copies of the same shall be deposited in accordance with Standing Order 1A.'. Standing Order 27A, line 30, leave out paragraph (2) and insert (2) Copies shall be deposited in accordance with Standing Order 1A.'. Standing Order 29, line 7, leave out from deposited' to end of line 9 and insert in the Private Bill Office and in accordance with Standing Order 1A.'. Standing Order 30, line 5, leave out from deposited' to end and insert in accordance with Standing Order 1A.'. Standing Order 30A, line 4, leave out from deposit' to the second and' in line 5, and insert in accordance with Standing Order 1A.'. Standing Order 31, line 6, leave out from deposited' to marked' in line 8, and insert in accordance with Standing Order 1A.'. Standing Order 32, line 8, leave out from deposited' to end of line 9, and insert in accordance with Standing Order 1A.'. Standing Order 34, line 9, leave out from deposited' to end and insert in accordance with Standing Order 1A.'. Standing Order 36, line 12, after district' insert or unitary district,'. Page 323 Thursday 7th April 2005 2004-2005 Volume 261 Back to top Standing Order 37 is hereby repealed. New Standing Order 37 Deposit of copy of plan, etc. in certain circumstances 37. In the case of a bill by which it is proposed to authorise the compulsory acquisition (a) of any churchyard, burial ground or cemetery, or any part thereof, or (b) of rights to use any churchyard, burial ground or cemetery, or any part thereof, or (c) of any other land, or of rights to use any other land, copies of so much of the deposited plan, section (if any) and book of references as relates to the land shall, on or before 20th November, be deposited in accordance with Standing Order 1A.' Standing Order 38, line 3, after November' insert (or when 27th November is a Saturday or a Sunday, on the first Monday following that day)'. Standing Order 39 is hereby repealed. New Standing Order 39 Deposit of copies of bills 39. On or before 4th December, printed copies of every bill shall be deposited in accordance with Standing Order 1A.' Standing Order 45, line 19, leave out from deposited' to end and insert in accordance with Standing Order 1A.'. Standing Order 47, line 9, leave out from and' to on' in line 11 and insert in accordance with Standing Order 1A.'. Standing Order 55, line 17, leave out from datum' to shall' in line 19, and insert of Newlyn.'. Standing Order 61, line 16, after district,' insert unitary district,'. Standing Order 61, line 33, after county' insert , metropolitan district, unitary district or London borough'. Standing Order 62, line 15, after county' insert , metropolitan district, unitary district or London borough'. Standing Order 65, line 28, after county,' insert metropolitan district, unitary district or London borough'. Standing Order 98, line 8, after district' insert , unitary district'. Standing Order 131A, line 3, leave out from be' to end of line 4 and insert reproduced at the expense of the parties and the cost of reproduction shall be divided among the several parties in such proportions as may be specified by the Private Bill Office:'. Standing Order 145, line 3, leave out second the' and insert any'. After Standing Order 145 Insert New Standing Order 145A Minutes of evidence to be laid upon the Table 145A. The minutes of the evidence taken before a committee on a private bill shall be laid on the Table of the House and ordered to be published.' Standing Order 147, line 7, leave out for Transport' and insert responsible for the time being for transport matters'. Standing Order 147, line 11, leave out for Transport' and insert responsible for the time being for transport matters'. Standing Order 154, line 12, leave out for Transport' and insert responsible for the time being for transport matters'. Standing Order 154, line 27, leave out for Transport' and insert responsible for the time being for transport matters'. Standing Order 174, line 3, leave out 2.45 pm' and insert a quarter of an hour after the House sits'. Standing Order 174, line 28, leave out for 7 pm' and insert at a time three hours before the moment of interruption'. Standing Order 174, line 39, leave out 7 pm' and insert a time three hours before the moment of interruption'. Page 324 Thursday 7th April 2005 2004-2005 Volume 261 Back to top New Standing Orders 188A and 188B After Standing Order 188 Insert SUSPENSION AND REVIVAL OF BILLS Suspension of bills 188A.(1) Paragraph (2) applies where (a) this House resolves that the promoters of a bill originating in this House should have leave to suspend any further proceedings on the bill in order to proceed with it, if they think fit, in the next session of Parliament, and any conditions attached to the leave have been met, and (b) the House of Lords concur with the resolution, or have previously passed a resolution to the like effect as the resolution of this House. (2) The bill shall be deposited in the Private Bill Office on the fifth sitting day in the next session together with a declaration, signed by the agent, stating that the bill is the same in every respect as the bill at the last stage of the proceedings on it in this House in the current session. (3) Paragraph (4) applies where (a) this House resolves that the promoters of a bill originating in the House of Lords should have leave to suspend any further proceedings on the bill in order to proceed with it, if they think fit, in the next session of Parliament, and any conditions attached to the leave have been met; and (b) the House of Lords subsequently pass a resolution to the like effect as the resolution of this House. (4) If the bill is brought from the House of Lords in the next session, the agent for the bill shall deposit in the Private Bill Office a declaration, signed by the agent, stating that the bill is the same in every respect as the bill which was brought from the House of Lords in the current session. (5) The following provisions of this Order apply in either case. (6) The bill shall be deemed to have passed through every stage through which it has passed in the current session, and shall be recorded in the Journal of the House as having passed those stages, and no new fees shall be charged to those stages. (7) These Standing Orders shall apply to the bill in the next session only in regard to any stage through which the bill has not passed in the current session. (8) If there is any petition outstanding (a) any such petition which has been presented (if not withdrawn) shall stand referred to any committee on the bill in the next session; (b) any minutes of evidence taken before a committee on the bill in the current session shall stand referred to any committee on the bill in the next session; (c) no petitioners shall be heard before any committee on the bill in the next session unless their petition has been presented within the time stipulated for the deposit of petitions in the current session or deposited pursuant to Standing Order 126(b); (d) Standing Order 127 shall have effect as if the words under Standing Order 126 (Reference to committee of petitions against bill) were omitted. (9) In this Order the current session means the session in which the resolution of this House is passed and the next session shall be construed accordingly.' After New Standing Order 188A Insert Revival of bills 188B.(1) Paragraphs (2) and (3) apply where (a) this House resolves that the promoters of a bill which (i) originated in this House in an earlier session of this Parliament or in the last Parliament; and (ii) had not received the Royal Assent, should, notwithstanding anything in the Standing Orders or practice of this House, have leave to proceed with the bill in the current session; and (b) the House of Lords concur with the resolution, or have previously passed a resolution to the like effect as the resolution of this House. (2) The petition for the bill shall be deemed to have been deposited and all Standing Orders applicable to it shall be deemed to have been complied with. Page 325 Thursday 7th April 2005 2004-2005 Volume 261 Back to top (3) The bill shall be deposited in the Private Bill Office not later than the fifth day on which the House sits after the passing of the resolution, and a declaration, signed by the agent, shall be annexed to the bill stating that it is the same in every respect as the bill at the last stage of the proceedings on it in this House in the last session or the last Parliament or, as the case may be, the bill passed by this House. (4) Paragraph (5) applies where (a) this House resolves that the promoters of a bill which (i) originated in the House of Lords in an earlier session of this Parliament or in the last Parliament; and (ii) had not received the Royal Assent, should, notwithstanding anything in the Standing Orders or practice of this House, have leave to proceed with the bill in the current session; and (b) the House of Lords subsequently pass a resolution to the like effect as the resolution of this House. (5) If the bill is brought from the House of Lords in the current session, the agent for the bill shall deposit in the Private Bill Office a declaration, signed by the agent, stating that the bill is the same in every respect as the bill which was brought from the Commons in the last session or the last Parliament. (6) The following provisions of this Order apply in either case. (7) The bill shall be deemed to have passed through every stage through which it has passed in the last session or last Parliament, and shall be recorded in the Journal of the House as having passed those stages, and no new fees shall be charged to those stages. (8) If there is any petition outstanding (a) any such petition which has been presented (if not withdrawn) shall stand referred to any committee on the bill in the current session; (b) any minutes of evidence taken before a committee on the bill in the last session or last Parliament shall stand referred to any committee on the bill in the current session; (c) no petitioners shall be heard before any committee on the bill in the current session unless their petition has been presented within the time stipulated for the deposit of petitions in the last session or last Parliament or deposited pursuant to Standing Order 126(b); (d) Standing Order 127 shall have effect as if the words under Standing Order 126 (Reference to committee of petitions against bill) were omitted. (9) In this Order current session means the session of Parliament in which the resolution of this House is passed and this Parliament means the Parliament in which the resolution of this House is passed; the last Parliament and the last session shall be construed accordingly.' Standing Order 200, line 6, leave out two' and insert five'. Standing Order 204A, line 4, leave out 7 pm' and insert a time three hours before the moment of interruption'.(The Chairman of Ways and Means.)
The Lords have agreed to the Serious Organised Crime and Police Bill, with Amendments, to which they desire the concurrence of this House. The Lords have agreed to the Amendment made by this House to the Public Service Ombudsman (Wales) Bill [Lords], without Amendment. The Lords have agreed to the Gambling Bill, with Amendments, to which they desire the concurrence of this House. The Lords communicate that they have come to the following Resolution: That, if a Crossrail Bill is brought from the House of Commons in the next Session of Parliament, the Standing Orders of the House applicable to the Bill, so far as complied with or dispensed with in this Session, shall be deemed to have been complied with or (as the case may be) dispensed with in the next Session. The Lords have agreed to the Finance (No. 2) Bill, without Amendment. The Lords have agreed to the Appropriation Bill, without Amendment. The Lords have agreed to the Amendments made by this House to the Inquiries Bill [Lords], without Amendment. Page 326 Thursday 7th April 2005 2004-2005 Volume 261 Back to top The Lords have agreed to the Amendments made by this House to the Disability Discrimination Bill [Lords], without Amendment. The Lords do not insist on their Amendments to the Railways Bill to which this House has disagreed; and agree without Amendment to the Amendments proposed by this House in lieu of the remaining Lords Amendment.
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Lords Amendments Nos. 1 to 101 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 5, 7, 8 and 57.
The Bill was read the third time, and passed, with Amendments.
That if a Bill is presented in the next Session in the same terms as the Crossrail Bill when it was presented in this Session (a) the Bill shall be ordered to be printed and shall be deemed to have been read the first time; and (b) the Standing Orders of the House applicable to the Bill, so far as complied with or dispensed with in this Session, shall be deemed to have been complied with or (as the case may be) dispensed with in the next Session; That these Orders be Standing Orders of the House.(Mr Tony McNulty.) Message to the Lords to acquaint them therewith.
Lords Amendments Nos. 1 and 2 were agreed to. Lords Amendments Nos. 3 and 4 were disagreed to. Lords Amendments Nos. 5 to 193 were agreed to. A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 83H (Programme orders: reasons committee) and Order [yesterday], That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their Amendments Nos. 3 and 4. That Mr Don Foster, Secretary Tessa Jowell, Mr Gordon Marsden, Mr Mark Prisk and Mr Tom Watson be members of the Committee. That Secretary Tessa Jowell be the Chairman of the Committee. That three be the Quorum of the Committee. That the Committee do withdraw immediately.(Mr Tom Watson.)
The Lords have agreed to the Amendments made by this House to the Education Bill [Lords], without Amendment.
The Commons disagree to Lords Amendments Nos. 3 and 4 for the following Reason: Because the Amendment no longer reflects other Amendments made by the Lords. The Reason was agreed to. Message to the Lords to communicate the said Reason, with the Bill and Amendments. Page 329 Thursday 7th April 2005 2004-2005 Volume 261 Back to top
Resolved, That this House will immediately resolve itself into a Committee:The House accordingly resolved itself into a Committee. (In the Committee) Clauses Nos. 1 to 10 agreed to. Clause No. 11 (Short title, interpretation, commencement and extent). Amendment (No. 1) made. Clause, as amended, agreed to. Schedule agreed to. Bill, as amended, to be reported. The Deputy Speaker resumed the Chair; and Mr Jim Murphy reported, That the Committee had gone through the Bill, and made an Amendment thereunto. Ordered, That the Bill, as amended in the Committee, be now considered:The House accordingly proceeded to consider the Bill. The Bill was read the third time, and passed, with an Amendment. The Deputy Speaker suspended the sitting, pursuant to Order [yesterday].
The Lords do not insist on their Amendments to the Gambling Bill to which this House has disagreed. The Lords have agreed to the Amendment made by this House to the International Organisations Bill [Lords], without Amendment.
Mr Speaker. The Lords, authorised by virtue of Her Majesty's Commission, for declaring Her Royal Assent to several Acts agreed upon by both Houses and for proroguing the present Parliament, desire the immediate attendance of this Honourable House in the House of Peers, to hear the Commission read. Accordingly the Speaker, with the House, went up to the House of Peers, where a Commission was read giving, declaring and notifying the Royal Assent to several Acts, and for proroguing this present Parliament. The Royal Assent was given to the following Acts: Finance Act 2005 Appropriation (No. 2) Act 2005 Mental Capacity Act 2005 Public Services Ombudsman (Wales) Act 2005 Commissioners for Revenue and Customs Act 2005 Disability Discrimination Act 2005 Education Act 2005 Serious Organised Crime and Police Act 2005 Inquiries Act 2005 Clean Neighbourhoods and Environment Act 2005 Drugs Act 2005 International Organisations Act 2005 Railways Act 2005 Gambling Act 2005 And afterwards Her Majesty's Most Gracious Speech was delivered to both Houses of Parliament by the Lord High Chancellor (in pursuance of Her Majesty's Command), as follows: My Lords and Members of the House of Commons My Government has pursued economic policies which have brought about sustained growth and prosperity. My Government has continued to take action to secure high levels of employment as it reforms the welfare state. Page 330 Thursday 7th April 2005 2004-2005 Volume 261 Back to top An Act has been passed that allows for the extension of the circumstances in which a family can be eligible for Child Benefit for 1619 year olds who are in learning. Legislation has been enacted to support the continuing fight against terrorism in the United Kingdom. An Act has been passed to reform the office of Lord Chancellor, and to establish a Supreme Court for the United Kingdom and a Judicial Appointments Commission for England and Wales. An Act has been passed as an interim measure to make the electoral register in Northern Ireland both accurate and comprehensive until more permanent measures can be put in place. Legislation has been passed to provide a statutory framework for dealing with the financial, health and welfare decisions of those people who might lack capacity through mental illness or disability. My Government has continued to work towards the reduction of bureaucracy and the costs of Government, and towards promoting efficiency. An Act has been passed to integrate the Inland Revenue and Her Majesty's Customs and Excise. An Act has been passed to establish the Serious Organised Crime Agency and to strengthen the fight against crime. An Act has been passed to improve local environmental quality by tackling the antisocial behaviour that blights our communities. Legislation has been enacted to streamline the school inspection regime and to bring in three-year budgets for schools, which will help raise standards for every child in every school. An Act has been passed to unify and simplify the Ombudsman service in Wales. An Act has been passed to tackle the problem of drug abuse and the crime that flows from it. Legislation has been enacted to enable the United Kingdom to fulfil international commitments to confer privileges and immunities on a number of international organisations and bodies. Measures to reform the law on mental health have undergone pre-legislative scrutiny. Draft legislation has been published to safeguard the welfare of children in circumstances of parental separation and inter-country adoption from countries where there are concerns about child welfare. A draft Bill has been published to introduce a new offence of corporate manslaughter. Draft legislation has been published to ensure the better management and protection of our natural environment and rural communities. A Bill has been introduced to authorise the construction of Crossrail. Other important measures have been enacted. Members of the House of Commons I thank you for the provision you have made for the work and dignity of the Crown and for the public service. My Lords and Members of the House of Commons The Duke of Edinburgh and I were pleased to receive the State Visit of His Excellency the President of the Republic of Korea and the State Visit of His Excellency the President of Italy. My Government currently holds the G8 Presidency, and is placing high priority on the important issues of Africa and climate change. My Government has continued to work with partners around the world to prevent terrorism and the proliferation of nuclear, chemical and biological weapons, and the problems of drug smuggling and international crime. My Government has worked to strengthen commitment on both sides of the Atlantic to the transatlantic relationship and to the continued effectiveness of the North Atlantic Treaty Organisation, and has worked with the international community to strengthen the United Nations. My Government continues to support the Government of Iraq to provide security and stability following the elections held in January. My Government has continued to support efforts to build peace in the Middle East, to promote democratic reform and reduce conflict and extremism. Page 331 Thursday 7th April 2005 2004-2005 Volume 261 Back to top My Lords and Members of the House of Commons I pray that the blessing of Almighty God may rest upon your counsels. After which the Lord Chancellor said: My Lords and Members of the House of Commons: By virtue of Her Majesty's Commission which has now been read, we do, in Her Majesty's name, and in obedience to Her Majesty's Commands, prorogue this Parliament to Thursday the fourteenth day of April to be then here holden, and this Parliament is accordingly prorogued to the fourteenth day of April.
APPENDIX Papers presented or laid upon the Table: Papers subject to Negative Resolution:
(2) Control of Major Accident Hazards (Amendment) Regulations 2005 (S.I., 2005, No. 1088), dated 4th April 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Johnson]; and (3) Control of Vibration at Work Regulations 2005 (S.I., 2005, No. 1093), dated 4th April 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Johnson].
(2) Carers (Equal Opportunities) Act 2004 (Isles of Scilly) Order 2005 (S.I., 2005, No. 1096), dated 4th April 2005 [by Act] [Mr Secretary Reid]. Other Papers:
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(2) Government Response to the Intelligence and Security Committee's Annual Report 200405; and (3) Government Response to the Intelligence and Security Committee's Report on The Handling of Detainees by UK Intelligence Personnel in Afghanistan, Guantanamo Bay and Iraq [by Command] [Cms. 6510, 6515 and 6511] [The Prime Minister].
(2) Naval and Marine Pay and Pensions (Pay) Order 2005; and (3) Naval and Marine Pay and Pensions (Pensions Increase) Order 2005, dated 22nd March 2005 [by Act] [Mr Christopher Leslie].
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