| Commons Journal 262
Chronological Index
Alphabetical Index - Part I
Alphabetical Index - Part II
Page 287 2005-2006 Volume 262
[No. 67.] Monday 21st November 2005.
The House met at half-past Two o’clock. PRAYERS.
| 1 | First Standing Committee on Delegated Legislation,—Mr Eric Forth reported from the First Standing Committee on Delegated Legislation the draft Tax and Civil Partnership Regulations 2005 and the draft Tax and Civil Partnership (No. 2) Regulations 2005. |
Minutes of Proceedings of the Committee to lie upon the Table.
| 2 | Equality Bill [Lords],—The Equality Bill [Lords] was, according to Order, read a second time. |
| 3 | Equality Bill [Lords] (Programme),—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 83A (Programme motions), That the following provisions shall apply to the Equality Bill [Lords]: |
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 8th December.
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 the day on which proceedings on consideration are commenced.
6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.
Other proceedings
7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further message from the Lords) may be programmed—(Mr Parmjit Dhanda);
The House divided.
Tellers for the Ayes, Gillian Merron, Mr Alan Campbell: 292.
Tellers for the Noes, Mr Eric Forth, Mr Andrew Turner: 42.
So the Question was agreed to.
| 4 | Equality Bill [Lords] [Money],—Her Majesty’s Recommendation having been signified to the proposed Motion relating to Equality Bill [Lords] [Money]; |
A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That for the purposes of any Act resulting from the Equality Bill [Lords] it is expedient to authorise the payment out of money provided by Parliament of—
(1) expenditure incurred under the Act by the Secretary of State, and
(2) any increase attributable to the Act in sums payable out of money so provided under another enactment—(Mr Parmjit Dhanda):—It was agreed to.
| 5 | Magistrates’ Courts,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Family Procedure (Modification of Enactments) Order 2005, which was laid before this House on 12th October, be approved—(Mr Parmjit Dhanda):—It was agreed to. |
| 6 | Family Proceedings,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2005, which was laid before this House on 12th October, be approved—(Mr Parmjit Dhanda):—It was agreed to. |
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| 7 | Access to Justice,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Revised Funding Code prepared by the Legal Services Commission, a copy of which was laid before this House on 19th October, be approved—(Mr Parmjit Dhanda):—It was agreed to. |
| 8 | 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 Employment (Miscellaneous Provisions) (Northern Ireland) Order 2005, which was laid before this House on 24th October, be approved—(Mr Parmjit Dhanda):—It was agreed to. |
| 9 | European Communities,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft European Communities (Definition of Treaties) (WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty) Order 2005, which was laid before this House on 13th October, be approved—(Mr Parmjit Dhanda):—It was agreed to. |
| 10 | Food,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005, which were laid before this House on 3rd November, be approved—(Mr Parmjit Dhanda):—It was agreed to. |
| 11 | Criminal 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 Criminal Justice Act 2003 (Commencement No. 12 and Transitory Provisions) Order 2005, which was laid before this House on 27th October, be approved—(Mr Parmjit Dhanda); |
And the Speaker’s opinion as to the decision of the Question being challenged, the Division was deferred till Wednesday 23rd November, pursuant to Standing Order No. 41A (Deferred divisions).
| 12 | Environmental Audit,—Ordered, That David Lepper be discharged from the Environmental Audit Committee and Mrs Linda Riordan be added.—(Rosemary McKenna, on behalf of the Committee of Selection.) |
| 13 | Welsh Affairs,—Ordered, That Mrs Betty Williams be discharged from the Welsh Affairs Committee and Jessica Morden be added.—(Rosemary McKenna, on behalf of the Committee of Selection.) |
| 14 | Adjournment,—Resolved, That this House do now adjourn.—(Mr Parmjit Dhanda.) |
And accordingly, the House, having continued to sit till sixteen minutes to Eleven o’clock, adjourned till to-morrow.
[Adjourned at 10.44 p.m.
APPENDIX I
Papers presented or laid upon the Table:
Paper delivered to the Votes and Proceedings Office on Friday 18th November 2005 pursuant to Standing Order No. 159 (Presentation of statutory instruments):
Paper subject to Negative Resolution:
| 1 | Disabled Persons,—Disability Discrimination (Transport Vehicles) Regulations 2005 (S.I., 2005, No. 3190), dated 15th November 2005, with an Explanatory Memorandum [Mr Secretary Darling]. |
Papers presented or laid upon the Table on Monday 21st November 2005:
Paper subject to Affirmative Resolution:
| 2 | Northern Ireland,—Draft Safety of Sports Grounds (Northern Ireland) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hain]. |
Papers subject to Negative Resolution:
| 3 | Criminal Injuries Compensation,—Statement of Alterations to the Criminal Injuries Compensation Scheme [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke]. |
| 4 | Ecclesiastical Law,—(1) Clergy Discipline Appeal Rules 2005 (S.I., 2005, No. 3201), dated 15th November 2005; and |
(2) Payments to the Churches Conservation Trust Order 2005 (S.I., 2005, No. 3202), dated 16th November 2005
[by Measure] [Clerk of the House].
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| 5 | Immigration,—Statement of Changes in Immigration Rules [by Act]; to be printed [No. 697], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke]. |
| 6 | Pensions,—Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2005 (S.I., 2005, No. 3171), dated 14th November 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Jim Murphy]. |
| 7 | Railways,—Channel Tunnel (International Arrangements) Order 2005 (S.I., 2005, No. 3207), dated 17th November 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling]. |
Other Papers:
| 8 | Government Resources and Accounts,—Combined Resource Account of the United Kingdom Atomic Energy Authority Pension Schemes for 2004–05, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 613] [John Healey]. |
| 9 | Immigration,—Paper, entitled Control of Immigration: Statistics United Kingdom 2004 [by Command] [Cm. 6690] [Mr Secretary Clarke]. |
| 10 | National Audit,—Reports by the Comptroller and Auditor General on— |
(1) The Foreign and Commonwealth Office: Consular Services to British Nationals; and
(2) Ministry of Defence: Major Projects Report 2005, with Project Summary Sheets
[by Act]; to be printed [Nos. 594 and 595-I and -II] [Clerk of the House].
| 11 | Regulatory Reform,—Proposal for a Regulatory Reform (Public Service Vehicles) Order 2005, together with a statement by the Department for Transport [by Act] [Mr Secretary Darling]. |
APPENDIX II
Standing Committees
| 1 | Draft Tax and Civil Partnership Regulations 2005 and the draft Tax and Civil Partnership (No. 2) Regulations 2005,—The Committee of Selection has discharged Alan Simpson and Graham Stringer from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations) and nominated in substitution Mr David S. Borrow and Mr Iain Wright. |
| 2 | Draft European Forest Institute (Legal Capacities) Order 2005,—The Speaker has appointed Mr Joe Benton Chairman of the Fifth Standing Committee on Delegated Legislation in respect of the draft Order, in place of Mr David Wilshire. |
APPENDIX III
Reports from Select Committees
| 1 | Defence,—Minutes of Evidence taken before the Defence Committee [Delivering Front Line Capability to the RAF]; to be printed [No. 557-i] [Mr James Arbuthnot]. |
| 2 | Environmental Audit,—Minutes of Evidence taken before the Environmental Audit Committee [Keeping the Lights on: Nuclear, Renewables and Climate Change]; to be printed [No. 584-vii] [Mr Peter Ainsworth]. |
| 3 | Home Affairs and Work and Pensions,—Minutes of Evidence taken before the draft Corporate Manslaughter Bill Sub-Committee of the Home Affairs and Work and Pensions Committees [Draft Corporate Manslaughter Bill]; to be printed [No. 540-vi] [Mr John Denham]. |
| 4 | Human Rights,—Minutes of Evidence taken before the Joint Committee on Human Rights [UK Compliance with the UN Convention Against Torture (UNCAT)]; to be printed [No. 701-i] [Mr Andrew Dismore]. |
| 5 | Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—(1) Minutes of Evidence taken before the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee [Local Government Finance]; to be printed [No. 702]; and |
(2) Memoranda laid before the Committee [Affordability and the Supply of Housing]
[Dr Phyllis Starkey].
| 6 | Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [Extending access to learning through technology: Ufi and the learndirect service]; to be printed [No. 706-i] [Mr Edward Leigh]. |
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[No. 68.] Tuesday 22nd November 2005.
The House met at half-past Two o’clock. PRAYERS.
| 1 | Electoral Administration Bill,—Mr Edward O’Hara reported from Standing Committee B, That it had gone through the Electoral Administration Bill (Except Clauses Nos. 9 to 18; any new Clauses or new Schedules relating to Part 2 or Part 3 of the Bill; any new Clauses or new Schedules relating to the procedure to be followed at an election on the death of a candidate; and any new Clauses or new Schedules relating to candidates standing in more than one constituency at an election), and made Amendments thereunto. |
Bill, as amended in the Committee and the Standing Committee, to be considered to-morrow; and to be printed [Bill 90].
Minutes of Proceedings of the Standing Committee to lie upon the Table.
| 2 | Second Standing Committee on Delegated Legislation,—Mr Martin Caton reported from the Second Standing Committee on Delegated Legislation the draft Retention of Communications Data (Further Extension of Initial Period) Order 2005. |
Minutes of Proceedings of the Committee to lie upon the Table.
| 3 | British Subjects (Registration),—A Motion was made, and the Question being proposed, That leave be given to bring in a Bill to amend the British Nationality Act 1981 to enable citizens of the Republic of Ireland resident in the United Kingdom to register as British subjects—(Mr Gregory Campbell); |
And the Motion being opposed, after a brief explanatory statement from the Member who made the Motion and from a Member who opposed it, the Deputy Speaker put the Question, pursuant to Standing Order No. 23 (Motions for leave to bring in bills and nomination of select committees at commencement of public business):—It was agreed to.
Ordered, That Mr Gregory Campbell, Kate Hoey, Michael Fabricant, Andrew Mackinlay, Lembit Opik, the Reverend Ian Paisley, Mr Peter Robinson, Mr Nigel Dodds and Mrs Iris Robinson do prepare and bring in the Bill.
| 4 | British Subjects (Registration) Bill,—Mr Gregory Campbell accordingly presented a Bill to amend the British Nationality Act 1981 to enable citizens of the Republic of Ireland resident in the United Kingdom to register as British subjects: And the same was read the first time; and ordered to be read a second time on Friday 16th June and to be printed [Bill 91]. |
| 5 | Opposition Day [10th 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. |
Welfare Reform and Incapacity Benefit,—A Motion was made, and the Question being proposed, That this House is extremely concerned that the Government is failing to tackle welfare reform despite promises to do so; recognises that the pensions system is in crisis; notes that the Prime Minister believes the Child Support Agency is not suited to carry out the task that it has been given; believes that the New Deal has failed to deliver; notes that 116,000 more people are claiming incapacity benefit than in 1997 despite the Government’s pledge to reduce the number; is deeply disturbed that the Incapacity Benefit Green Paper, which was due to be published in the summer and then the autumn, will not now be published until January; believes that this is due to continuing conflict between the Prime Minister and the Department for Work and Pensions on the desired content of the Paper; and calls on the Government finally to deal with the increasingly urgent need for welfare reform, for the benefit of users of the system and all taxpayers—(Sir Malcolm Rifkind);
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 consistent commitment since 1997 to pursue welfare reform to create an active, enabling welfare state where rights match responsibilities; supports the recent publication of the Principles of Welfare Reform, which builds on the foundations laid out in A New Contract for Welfare, published in 1998 and the Department for Work and Pensions’ Five Year Strategy of February 2005; commends the Government’s achievements in helping 2.1 million children out of absolute poverty since 1997; recognises the success of the New Deals, through which over 1.2 million people have moved into work; notes that new claims for incapacity benefit have been cut by one third since 1997; further recognises the importance of the National Pensions Debate in creating a dialogue with the public
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and building a consensus on pensions reform; further welcomes the progress made on tackling disability discrimination, opening doors for disabled people to remain in or return to work; in contrast, condemns the shameful record of the Opposition who spent more on administering the Child Support Agency than they paid out in maintenance and who allowed those on unemployment benefit to hit three million twice whilst also trebling the numbers on incapacity benefits between 1979 and 1997, costing the taxpayer billions and condemning millions of people to a life of benefit dependency’, instead thereof.—(Mr Secretary Hutton.)
And the Question being put, That the original words stand part of the Question;
The House divided.
Tellers for the Ayes, Mr David Evennett, Mr Henry Bellingham: 232.
Tellers for the Noes, Joan Ryan, Mr Parmjit Dhanda: 309.
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 consistent commitment since 1997 to pursue welfare reform to create an active, enabling welfare state where rights match responsibilities; supports the recent publication of the Principles of Welfare Reform, which builds on the foundations laid out in A New Contract for Welfare, published in 1998 and the Department for Work and Pensions’ Five Year Strategy of February 2005; commends the Government’s achievements in helping 2.1 million children out of absolute poverty since 1997; recognises the success of the New Deals, through which over 1.2 million people have moved into work; notes that new claims for incapacity benefit have been cut by one third since 1997; further recognises the importance of the National Pensions Debate in creating a dialogue with the public and building a consensus on pensions reform; further welcomes the progress made on tackling disability discrimination, opening doors for disabled people to remain in or return to work; in contrast, condemns the shameful record of the Opposition who spent more on administering the Child Support Agency than they paid out in maintenance and who allowed those on unemployment benefit to hit three million twice whilst also trebling the numbers on incapacity benefits between 1979 and 1997, costing the taxpayer billions and condemning millions of people to a life of benefit dependency.
Action on Climate Change,—A Motion was made, and the Question being proposed, That this House endorses the principle of a cross-party consensus on carbon reduction—(Mr Oliver Letwin);
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 leadership shown by the UK Government internationally on climate change, and the important progress made at the July Summit and at the recent meeting of the Dialogue on Climate Change, Clean Energy and Sustainable Development; further welcomes the recent announcement of the Renewable Transport Fuels Obligation and looks forward to the publication of the climate change programme review; recognises the importance of building greater understanding and support among all sectors of society for action on climate change; and further welcomes new ideas and contributions from all quarters that help to reduce carbon emissions’, instead thereof.—(Mr Elliot Morley.)
And the Question being proposed, That the original words stand part of the Question;
Mr Patrick McLoughlin rose in his place and claimed to move, That the Question be now put.
And the Question being put, That the Question be now put:—It was agreed to.
And the Question being accordingly put;
The House divided.
Tellers for the Ayes, Mr Henry Bellingham, Mr David Evennett: 233.
Tellers for the Noes, Kevin Brennan, Mr Ian Cawsey: 296.
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.
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The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to.
Resolved, That this House welcomes the leadership shown by the UK Government internationally on climate change, and the important progress made at the July Summit and at the recent meeting of the Dialogue on Climate Change, Clean Energy and Sustainable Development; further welcomes the recent announcement of the Renewable Transport Fuels Obligation and looks forward to the publication of the climate change programme review; recognises the importance of building greater understanding and support among all sectors of society for action on climate change; and further welcomes new ideas and contributions from all quarters that help to reduce carbon emissions.
| 6 | Pensions,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Financial Assistance Scheme (Appeals) Regulations 2005, which were laid before this House on 26th October, be approved—(Mr Alan Campbell):—It was agreed to. |
| 7 | Pensions,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005, which were laid before this House on 26th October, be approved—(Mr Alan Campbell):—It was agreed to. |
| 8 | Declaration on European Union 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 Document No. 11413/05, Commission Communication: ‘Draft Joint Declaration by the Council, the European Parliament and the Commission on the European Union Development Policy’; and supports the Government’s view that poverty eradication must remain the overarching objective and that the Document clarifies the role and added value of the European Community—(Mr Alan Campbell):—It was agreed to. |
| 9 | Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr Alan Campbell); |
And the Motion having been made after Ten 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 a quarter to Eleven o’clock, till to-morrow.
[Adjourned at 10.45 p.m.
APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Affirmative Resolution:
| 1 | National Health Service,—Draft National Health Service (Dental Charges) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt]. |
| 2 | Proceeds of Crime,—Draft Proceeds of Crime Act 2002 and Money Laundering Regulations 2003 (Amendment) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke]. |
Papers subject to Negative Resolution:
| 3 | Social Security,—State Pension Credit (Amendment) Regulations 2005 (S.I., 2005, No. 3205), dated 16th November 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hutton]. |
| 4 | Sports Grounds and Sporting Events,—Sports Grounds and Sporting Events (Designation) Order 2005 (S.I., 2005, No. 3204), dated 15th November 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke]. |
Other Papers:
| 5 | Civil Aviation,—Statement of Guarantee given on 22nd November 2005 in respect of temporary borrowing by the Civil Aviation Authority in pursuance of section 14 of the Civil Aviation Act 1982 [by Act] [John Healey]. |
| 6 | Health and Social Care,—Review and Consolidated Accounts of NHS Foundation Trusts for 2004–05, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 622] [Clerk of the House]. |
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| 7 | Public Petitions,—Observations by the Secretary of State for Education and Skills on the Petition [1st November] from residents of Exmouth and others against the relocation of Rolle College, Exmouth, to Plymouth [by Standing Order]; to be printed [Clerk of the House]. |
APPENDIX II
Standing Committees
| 1 | Draft Retention of Communications Data (Further Extension of Initial Period) Order 2005,—The Committee of Selection has discharged Natascha Engel and Mr George Howarth from the Second Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr David Hamilton and Mr Mike Hall. |
| 2 | Draft Asylum (Designated States) (No. 2) Order 2005,—The Committee of Selection has discharged John Bercow from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr Brian Binley. |
| 3 | Draft European Forest Institute (Legal Capacities) Order 2005,—The Committee of Selection has discharged Richard Younger-Ross from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Norman Baker. |
APPENDIX III
Reports from Select Committees
| 1 | Constitutional Affairs,—First Report from the Constitutional Affairs Committee [The courts: small claims], 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. 519] [Mr Alan Beith]. |
| 2 | Home Affairs,—Minutes of Evidence taken before the Home Affairs Committee [UK–US Extradition Treaty]; to be printed [No. 710-i] [Mr John Denham]. |
| 3 | International Development,—Minutes of Evidence taken before the International Development Committee, together with Appendices [Delivering the Goods: HIV/AIDS and the provision of anti-retrovirals]; to be printed [No. 708-i] [Hugh Bayley]. |
| 4 | Liaison,—Minutes of Evidence taken before the Liaison Committee [The Prime Minister]; to be printed [No. 709-i] [Mr Alan Williams]. |
| 5 | Scottish Affairs,—Minutes of Evidence taken before the Scottish Affairs Committee [The Potential Benefits for Scotland of the 2012 Olympics]; to be printed [No. 658-iii] [Mr Mohammad Sarwar]. |
| 6 | Trade and Industry,—Minutes of Evidence taken before the Trade and Industry Committee [The European Commission’s negotiating strategy for the World Trade Organisation Hong Kong Ministerial Conference]; to be printed [No. 711-i] [Peter Luff]. |
MEMORANDUM
| Westminster Hall,—In pursuance of paragraph (13) of Standing Order No. 10, the Speaker has approved 9th February, 16th March, 27th April, 11th May, 15th June and 6th July 2006 as days when the business to be taken in Westminster Hall shall be debates on select committee reports chosen by the Liaison Committee. |
[No. 68; WH, No. 40]
Tuesday 22nd November 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 Ian Cawsey.) |
And accordingly the sitting was adjourned till to-morrow.
[Adjourned at 2 p.m.
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[No. 69.] Wednesday 23rd November 2005.
The House met at half-past Eleven o’clock. PRAYERS.
| 1 | Climate Change (Contraction and Convergence) Bill,—Colin Challen presented a Bill to make provision for the adoption of a policy of combating climate change in accordance with the principles of contraction and convergence; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 14th July and to be printed [Bill 92]. |
| 2 | Registration Service,—A Motion was made, and the Question being proposed, That leave be given to bring in a Bill to make provision about certain offices under the Registration Service Act 1953; to make provision about the holders of certain offices under that Act and the appointment of persons to such offices; and for connected purposes— (Dr Brian Iddon); |
And the Motion being opposed, after a brief explanatory statement from the Member who made the Motion and from a Member who opposed it, the Speaker put the Question, pursuant to Standing Order No. 23 (Motions for leave to bring in bills and nomination of select committees at commencement of public business):—It was agreed to.
Ordered, That Dr Brian Iddon, Mr David Anderson, Mary Creagh, Jim Dobbin, Kelvin Hopkins and Mr David Kidney do prepare and bring in the Bill.
| 3 | Registration Service Bill,—Dr Brian Iddon accordingly presented a Bill to make provision about certain offices under the Registration Service Act 1953; to make provision about the holders of certain offices under that Act and the appointment of persons to such offices; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 2nd December and to be printed [Bill 78]. |
| 4 | Northern Ireland (Offences) Bill,—The Order of the day being read, for the Second Reading of the Northern Ireland (Offences) Bill; |
And a Motion being made, and the Question being proposed, That the Bill be now read a second time;
An Amendment was proposed to the Question, to leave out from the word ‘That’ to the end of the Question and add the words ‘this House declines to give a Second Reading to the Northern Ireland (Offences) Bill because it creates an amnesty for terrorist fugitives from justice; because it allows such fugitives to return to Northern Ireland without ever being arrested or questioned by the police about their alleged offences; because it proposes a quasi-judicial process in which those accused of perpetrating terrorist offences will never have to appear before a court or spend any time in custody; because it allows an indefinite period of time for terrorists to take advantage of this procedure; because it treats members of the Armed Forces and the police on a par with terrorists; because it fails to contain an obligation on terrorist organisations to allow the safe return to Northern Ireland of those they have exiled; and because it places the rights of those suspected of serious offences before those of the victims of terrorism in Northern Ireland and throughout the rest of the United Kingdom’, instead thereof.—(Mr David Lidington.)
And the Question being proposed, That the Amendment be made;
| 5 | Deferred Division,—The Deputy Speaker announced the results of the Division which had been deferred to this day, pursuant to Standing Order No. 41A (Deferred divisions): |
Criminal Law,—That the draft Criminal Justice Act 2003 (Commencement No. 12 and Transitory Provisions) Order 2005, which was laid before this House on 27th October, be approved.
Ayes: 261.
Noes: 211.
So the Question was agreed to.
| 6 | Northern Ireland (Offences) Bill,—The Question being again proposed, That the Amendment be made; |
And the Question being put;
The House divided.
Tellers for the Ayes, Mr Crispin Blunt, Andrew Stunell: 258.
Tellers for the Noes, Mr Ian Cawsey, Mr Frank Roy: 313.
So the Question was negatived.
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And the Main Question being put forthwith, pursuant to Standing Order No. 62 (Amendment on second or third reading);
The House divided.
Tellers for the Ayes, Mr Ian Cawsey, Mr Frank Roy: 310.
Tellers for the Noes, Mr Nigel Dodds, Mrs Iris Robinson: 262.
So the Question was agreed to.
The Bill was accordingly read a second time.
| 7 | Northern Ireland (Offences) Bill (Programme),—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 83A (Programme motions), That the following provisions shall apply to the Northern Ireland (Offences) Bill: |
Committal
1. The Bill shall be committed to a Standing Committee.
Proceedings in Standing Committee
2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 15th December 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.
6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.
Other proceedings
7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed—(Mr Alan Campbell):—It was agreed to.
| 8 | Northern Ireland (Offences) Bill [Money],—Her Majesty’s Recommendation having been signified to the proposed Motion relating to Northern Ireland (Offences) Bill [Money]; |
A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Northern Ireland (Offences) Bill, it is expedient to authorise the payment out of money provided by Parliament of expenditure incurred by the Secretary of State by virtue of the Act—(Mr Alan Campbell):—It was agreed to.
| 9 | Capital Gains Tax,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Tax and Civil Partnership Regulations 2005, which were laid before this House on 24th October, be approved—(Mr Alan Campbell):—It was agreed to. |
| 10 | Corporation Tax,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Tax and Civil Partnership (No. 2) Regulations 2005, which were laid before this House on 24th October, be approved—(Mr Alan Campbell):—It was agreed to. |
| 11 | Public Petitions,—Public Petitions from— |
(1) residents of Reading and others against extreme internet sites promoting violence against women;
(2) residents of Brighton and Hove and others against extreme internet sites promoting violence against women; and
(3) supporters of the Isitfair Council Tax protest campaign for a fair and equitable replacement for council tax
were presented and read; and ordered to lie upon the Table and to be printed.
| 12 | Adjournment,—Resolved, That this House do now adjourn.—(Mr Alan Campbell.) |
And accordingly, the House, having continued to sit till Eight o’clock, adjourned till to-morrow.
[Adjourned at 8 p.m.
Page 296 Wednesday 23rd November 2005 2005-2006 Volume 262 Back to top
APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Affirmative Resolution:
| 1 | Criminal Law,—Draft Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke]. |
| 2 | Electronic Communications,—Draft Communications Act 2003 (Maximum Penalty and Disclosure of Information) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Alan Johnson]. |
| 3 | International Immunities and Privileges,—Draft International Criminal Court (Immunities and Privileges) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Straw]. |
Papers subject to Negative Resolution:
| 4 | Environmental Protection,—Litter (Fixed Penalty Notices) Order 1991 and the Dog Fouling (Fixed Penalties) Order 1996 (Revocation) (England) Order 2005 (S.I., 2005, No. 3223), dated 21st November 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett]. |
| 5 | National Health Service,—West Suffolk Hospitals National Health Service Trust (Transfer of Trust Property) Order 2005 (S.I., 2005, No. 3206), dated 15th November 2005 [by Act] [Ms Secretary Hewitt]. |
| 6 | Pensions,—Local Government Pension Scheme (Amendment) (No. 2) Regulations 2005 (S.I., 2005, No. 3199), dated 15th November 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott]. |
Other Papers:
| 7 | Brazil (No. 1, 2005),—Agreement, done at Brasilia on 27th July 2005, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Federative Republic of Brazil to avoid the Double Taxation of profits derived from Shipping and Air Transport, with an Explanatory Memorandum [by Command] [Cm. 6698] [Mr Secretary Straw]. |
| 8 | Government Resources and Accounts,—Resource Accounts of the Department for Education and Skills for 2004–05, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 686] [John Healey]. |
| 9 | Police Reform,—Report and Accounts of the Independent Police Complaints Commission for 2004–05, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 608] [Mr Secretary Clarke]. |
APPENDIX II
Standing Committees
| 1 | Draft Asylum (Designated States) (No. 2) Order 2005,—The Committee of Selection has discharged Mr David Hamilton, Mr Dai Havard, Sir Gerald Kaufman and Dr Doug Naysmith from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr George Howarth, Steve McCabe, Emily Thornberry and Lynda Waltho. |
| 2 | Draft European Forest Institute (Legal Capacities) Order 2005,—The Committee of Selection has discharged Frank Dobson and Mr Alan Meale from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Ann Coffey and Mr Andy Reed. |
European Standing Committees
| 3 | The Speaker has appointed Mr Edward O’Hara Chairman of the European Standing Committee in respect of European Union Document No. 12790/05 on Reducing the Climate Change Impact of Aviation in place of Mr Eric Martlew. |
| 4 | European Union Document No. 14246/05, relating to the European Evidence Warrant, has been referred to European Standing Committee B, in place of European Union Document No. 11288/05 referred to the Committee on 9th November 2005. |
Page 297 Wednesday 23rd November 2005 2005-2006 Volume 262 Back to top
APPENDIX III
Reports from Select Committees
| 1 | Environmental Audit,—Minutes of Evidence taken before the Environmental Audit Committee [Keeping the Lights on: Nuclear, Renewables and Climate Change]; to be printed [No. 584-viii] [Mr Peter Ainsworth]. |
| 2 | European Scrutiny,—(1) Eleventh Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 34-xi]; and |
(2) Memoranda laid before the Committee [Ministerial Correspondence]
[Jimmy Hood].
| 3 | Foreign Affairs,—Minutes of Evidence taken before the Foreign Affairs Committee [Human Rights Annual Report 2005]; to be printed [No. 574-ii] [Mike Gapes]. |
| 4 | Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [Home Office: Working with the Third Sector]; to be printed [No. 717-i] [Mr Edward Leigh]. |
| 5 | Science and Technology,—Minutes of Evidence taken before the Science and Technology Committee [Forensic Science on Trial: follow-up]; to be printed [No. 685-i] [Mr Phil Willis]. |
| 6 | Statutory Instruments,—Tenth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 35-x] [Mr Eric Forth]. |
| 7 | Transport,—(1) First Report from the Transport Committee [UK Transport Security–preliminary report], to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 637]; and |
(2) Minutes of Evidence taken before the Committee [Train Fares and Ticketing]; to be printed [No. 700-i]
[Mrs Gwyneth Dunwoody].
| 8 | Work and Pensions,—Minutes of Evidence taken before the Work and Pensions Committee [Department Annual Report]; to be printed [No. 615] [Mr Terry Rooney]. |
[No. 69; WH, No. 41]
Wednesday 23rd November 2005.
The House sitting in Westminster Hall
The sitting began at half-past Nine o’clock.
| Adjournment,—A Motion was made, and the Question being proposed, That the sitting be now adjourned—(Mr John Heppell); |
And the sitting having continued for two and a half hours after half-past Two o’clock, it was adjourned without Question put, till to-morrow.
[Adjourned at 5 p.m.
Page 298 Wednesday 23rd November 2005 2005-2006 Volume 262 Back to top
[No. 70.] Thursday 24th November 2005.
The House met at half-past Ten o’clock. PRAYERS.
| 1 | Fourth Standing Committee on Delegated Legislation,—John Bercow reported from the Fourth Standing Committee on Delegated Legislation the draft Asylum (Designated States) (No. 2) Order 2005. |
Minutes of Proceedings of the Committee to lie upon the Table.
| 2 | Fifth Standing Committee on Delegated Legislation,—Mr Joe Benton reported from the Fifth Standing Committee on Delegated Legislation the draft European Forest Institute (Legal Capacities) Order 2005. |
Minutes of Proceedings of the Committee to lie upon the Table.
| 3 | Sixth Standing Committee on Delegated Legislation,—Mr David Amess reported from the Sixth Standing Committee on Delegated Legislation the draft European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005. |
Minutes of Proceedings of the Committee to lie upon the Table.
| 4 | European Union (Accessions) Bill,—The House, according to Order, resolved itself into a Committee on the European Union (Accessions) Bill. |
(In the Committee)
Clause No. 1 agreed to.
Clause No. 2 (Freedom of movement for workers).
Amendment (No. 9) proposed, in page 1, line 16, at the end, to insert the words—
‘(1A) The Secretary of State shall lay before Parliament a report no later than four months before the date of accession on the Government’s assessment of the effect the free movement of workers from the acceding States will have.
(1B) The Secretary of State shall lay before Parliament a report every six months on the effect of any regulations made on the free movement of workers under this section until the end of the seven year transitional period.’.—(Mr Graham Brady.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Clause agreed to.
Clause No. 3 agreed to.
Bill to be reported.
The Deputy Speaker resumed the Chair; and Mr Vernon Coaker reported, That the Committee had gone through the Bill and directed him to report the same, without Amendment.
The Bill was read the third time, and passed.
| 5 | Rights of Savers Bill [Money],—Her Majesty’s Recommendation having been signified to the proposed Motion relating to Rights of Savers Bill [Money]; |
Resolved, That, for the purposes of any Act resulting from the Rights of Savers Bill, it is expedient to authorise the payment out of money provided by Parliament of—
(1) any expenditure incurred by a Minister of the Crown or government department under the Act; and
(2) any increase attributable to the Act in the sums which under any other Act are payable out of money so provided.—(Mr Stephen Timms.)
| 6 | Investigatory Powers,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Retention of Communications Data (Further Extension of Initial Period) Order 2005, which was laid before this House on 3rd November, be approved—(Kevin Brennan):—It was agreed to. |
| 7 | Adjournment,—Resolved, That this House do now adjourn.—(Kevin Brennan.) |
And accordingly, the House, having continued to sit till four minutes past Four o’clock, adjourned till Monday 28th November.
[Adjourned at 4.04 p.m.
Page 299 Thursday 24th November 2005 2005-2006 Volume 262 Back to top
APPENDIX I
Papers presented or laid upon the Table:
Paper subject to Affirmative Resolution:
| 1 | Environmental Protection,—Draft Producer Responsibility Obligations (Packaging Waste) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett]. |
Paper subject to Negative Resolution:
| 2 | Disability Discrimination,—Draft Code of Practice on the Duty to Promote Disability Equality (Scotland) [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hutton]. |
Other Paper:
| 3 | Human Fertilisation and Embryology,—Report of the Human Fertilisation Embryology Authority for 2004–05, together with a Supplementary Statement by the Comptroller and Auditor General [by Command] [Ms Secretary Hewitt]. |
APPENDIX II
Standing Committees
| 1 | Equality Bill [Lords] (Programming Sub-Committee),—The Speaker has appointed Ms Celia Barlow, Mr Parmjit Dhanda, Mr David Evennett, Barbara Follett, Sandra Gidley, Mrs Eleanor Laing and Meg Munn members of the Programming Sub-Committee of Standing Committee A in respect of the Bill. |
(1) The Speaker has allocated the Bill to Standing Committee A and has appointed Mr Roger Gale and Janet Anderson Chairmen; and
(2) the Committee of Selection has nominated twenty-one Members to serve on the Committee: Vera Baird, Ms Celia Barlow, Liz Blackman, James Brokenshire, Lyn Brown, Ms Dawn Butler, Mr Gregory Campbell, Mr Parmjit Dhanda, Mr David Evennett, Barbara Follett, Sandra Gidley, Paul Goggins, Mr Dominic Grieve, Dr Evan Harris, Mrs Sia(r)n C. James, Mrs Eleanor Laing, Sarah McCarthy-Fry, Mrs Maria Miller, Meg Munn, Alison Seabeck and Hywel Williams.
| 3 | Rights of Savers Bill,—The Committee of Selection has nominated seventeen Members to serve on Standing Committee C in respect of the Bill: Danny Alexander, Ms Katy Clark, Mr Frank Field, Dr Ian Gibson, Justine Greening, Kate Hoey, Kelvin Hopkins, Ms Diana R. Johnson, Mr David Laws, John McDonnell, Mr Austin Mitchell, John Penrose, Mr John Randall, Sir Malcolm Rifkind, Mr Stephen Timms, Mr Robert N. Wareing and Mr Nigel Waterson. |
| 4 | Draft Legal Aid (Northern Ireland) Order 2005: |
(1) The Speaker has allocated the draft Order to the First Standing Committee on Delegated Legislation and has appointed Ann Winterton Chairman; and
(2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Mr Henry Bellingham, Kevin Brennan, Mr Nicholas Brown, Chris Bryant, Mr Nigel Dodds, Ms Sally Keeble, Mr Denis MacShane, Greg Mulholland, Dr Doug Naysmith, Bridget Prentice, Mr Jamie Reed, Mr Laurence Robertson, Graham Stringer, Mr Andrew Tyrie, Mr Ben Wallace, Mr Robert N. Wareing and Jeremy Wright.
| 5 | Supply of Relevant Veterinary Medicinal Products Order 2005 (S.I., 2005, No. 2751): |
(1) The Speaker has allocated the Order to the Second Standing Committee on Delegated Legislation and has appointed Hywel Williams Chairman; and
(2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Mr Peter Ainsworth, John Battle, Mr Peter Bone, Ms Katy Clark, Mr Parmjit Dhanda, Jim Dobbin, Mr David Evennett, Mr Dai Havard, Mr Bernard Jenkin, Sir Gerald Kaufman, Miss Julie Kirkbride, Mr Michael Meacher, Mr Alan Reid, Mr Dan Rogerson, Mr Dennis Skinner, Ian Stewart and Mr Gerry Sutcliffe.
| 6 | Draft Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2005: |
(1) The Speaker has allocated the draft Order to the Third Standing Committee on Delegated Legislation and has appointed Mr Christopher Chope Chairman; and
(2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Mr Richard Benyon, Hazel Blears, Mr Alistair Carmichael, Mr James Clappison, Mr David Clelland, Mr Jonathan Djanogly, Nick Herbert, Dr Brian Iddon, Ann McKechin, Mr Gordon Marsden, Mr Mark Oaten, Stephen Pound, Mr Mark Prisk, Mr Geoffrey Robinson, Joan Ruddock, Joan Ryan and Mr Andrew Smith.
Page 300 Thursday 24th November 2005 2005-2006 Volume 262 Back to top
| 7 | Draft Farm Woodland Premium Schemes (Amendment) (England) Scheme 2005: |
(1) The Speaker has allocated the draft Scheme to the Fourth Standing Committee on Delegated Legislation and has appointed Mr Mike Hancock Chairman; and
(2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Mr Peter Atkinson, Mr Clive Betts, Peter Bottomley, Mr Colin Breed, Tony Cunningham, Frank Dobson, Angela Eagle, Nia Griffith, Nick Herbert, Mr Adam Holloway, Mr David Kidney, Jim Knight, Andrew Mackinlay, Mr Robert Marshall-Andrews, Mr Gordon Prentice, Mr Dan Rogerson and Bill Wiggin.
| 8 | Draft European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005,—The Committee of Selection has discharged Mr David S. Borrow, Bill Etherington, Mr Mike Hall, Mr John MacDougall and Mr Alan Milburn from the Sixth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Natascha Engel, Mrs Sharon Hodgson, Mr Kevan Jones, Fraser Kemp and Mr Iain Wright. |
European Standing Committees
| 9 | European Union Document No. 9997/05 relating to the Tackling Organised Crime,—The Committee of Selection has nominated thirteen Members to serve on the European Standing Committee in respect of the Document: Tony Cunningham, Mr Ian Davidson, Mr Edward Garnier, Mr David Gauke, Paul Goggins, Mr Greg Hands, Martin Horwood, Anne Moffat, Mr Mark Oaten, Stephen Pound, Mr Mark Prisk, Mr Marsha Singh and John Smith. |
| 10 | European Union Document No. 12125/05 relating to the Return of Illegal Immigrants,—The Committee of Selection has nominated thirteen Members to serve on the European Standing Committee in respect of the Document: Mr Alistair Carmichael, Mr David Drew, Mrs Cheryl Gillan, Mr Boris Johnson, David Lepper, Mr Tony McNulty, Mr Khalid Mahmood, Anne Main, Mr Alan Milburn, Mr Mark Oaten, Mr Mark Prisk, Kitty Ussher and Mr Tom Watson. |
| 11 | European Union Document No. 12790/05 relating to Reducing the Climate Change Impact of Aviation,—The Committee of Selection has discharged Mr Vernon Coaker and Jim Dowd from European Standing Committee (nominated in respect of the Document) and nominated in substitution Mr David Kidney and Mr Tom Watson. |
| 12 | The Speaker has appointed Sir Nicholas Winterton Chairman of the European Standing Committee in respect of European Union Document No. 8630/05 on Control of Avian Influenza. |
| 13 | The Speaker has appointed Mr Martyn Jones Chairman of the European Standing Committee in respect of European Union Document No. 14246/05 on European Evidence Warrant. |
APPENDIX III
Reports from Select Committees
| 1 | Health,—Minutes of Evidence taken before the Health Committee [Smoking in Public Places]; to be printed [No. 485-iii] [Mr Kevin Barron]. |
| 2 | Public Administration,—Minutes of Evidence taken before the Select Committee on Public Administration [Implication of Identity Cards for Public Services]; to be printed [No. 712-i] [Tony Wright]. |
| 3 | Treasury,—Minutes of Evidence taken before the Treasury Committee [Bank of England November 2005 Inflation Report]; to be printed [No. 718-i] [Mr John McFall]. |
[No. 70; WH, No. 42]
Thursday 24th November 2005.
The House sitting in Westminster Hall
The sitting began at half-past Two o’clock.
| Adjournment (Road Pricing: The Next Steps—Seventh Report from the Transport Committee, Session 2004–05, and the Government’s response thereto.),—Resolved, That the sitting be now adjourned.—(Mr Parmjit Dhanda.) |
And accordingly the sitting was adjourned till Tuesday 29th November.
[Adjourned at 4.54 p.m.
|
