Session 2005-2006

Commons Journal 262

Chronological Index
Alphabetical Index - Part I
Alphabetical Index - Part II


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Page 817            2005-2006      Volume 262      

[No. 193.]

Monday 16th October 2006.

The House met at half-past Two o’clock.

PRAYERS.

1Housing Act 2004 (Amendment) Bill,—The Order for reading the Housing Act 2004 (Amendment) Bill a second time on Friday 20th October was read and discharged.

Bill withdrawn.

2Small and Medium-Sized Enterprises (Exemption from Regulation) Bill,—The Order for reading the Small and Medium-Sized Enterprises (Exemption from Regulation) Bill a second time on Friday 20th October was read and discharged.

Bill withdrawn.

3Opposition Day [19th allotted day],—It being an allotted day at the disposal of the leader of the second largest opposition party in pursuance of Standing Order No. 14 (Arrangement of public business), the House proceeded to consider Opposition business.

Future of the Post Office network and of Royal Mail,—A Motion was made, and the Question being proposed, That this House believes the Government is putting the future of the Post Office network and of Royal Mail at risk by their continued failure to take the tough and overdue decisions needed; further believes that many local post offices have closed or are under threat because of the uncertainty over the future of the subsidy to rural post offices after 2008 and the withdrawal of public sector business from the network, including the pension book, the television licence, passports and the decision to withdraw the Post Office card account when the existing contract expires in 2010; shares Postcomm’s concern that over 6,500 remaining rural post office branches are vulnerable and could close over the next few years; further believes that the Post Office network provides significant social and economic benefits and can play a key role in tackling financial exclusion and helping rural and deprived urban communities to survive and thrive; further believes the delays in finalising the investment package for Royal Mail is undermining Royal Mail’s ability to compete in the postal market following liberalisation last January threatening jobs and Royal Mail’s market share; and therefore calls on the Government to end this paralysis in decision-making at the heart of Government so that the Post Office network and Royal Mail can make the investments they need with greater certainty about a sustainable and stable commercial future— (Mr Edward Davey);

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 ‘acknowledges the important role that post offices play in local communities, particularly in rural and deprived urban areas; recognises that the business environment in which Royal Mail and the Post Office network are operating is undergoing radical change with more and more people choosing new electronic ways to communicate, pay bills and access government services; applauds the Government’s record of working closely with Royal Mail, Post Office Ltd and sub-postmasters to help them meet these challenges with an unprecedented investment of more than £2 billion made by the Government in supporting the network; acknowledges the important role post offices can play in tackling financial exclusion while recognising that the Government must also take due account of the need to deliver services efficiently; and acknowledges that the Government is committed to bringing forward proposals to help put Royal Mail and the Post Office network onto a sustainable footing’, instead thereof.—(Jim Fitzpatrick.)

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

Mr Adrian Sanders 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 Jeremy Browne, Mr Roger Williams: 218.

Tellers for the Noes, Mr Dave Watts, Huw Irranca-Davies: 295.

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 acknowledges the important role that post offices play in local communities, particularly in rural and deprived urban areas; recognises that the business environment in which Royal Mail and the Post Office network are operating is undergoing radical change with more and more people choosing new electronic ways to communicate, pay bills and access government services; applauds the Government’s record of working closely with Royal Mail, Post Office Ltd and sub-postmasters to help them meet these challenges with an unprecedented investment of more than £2 billion made by the Government in supporting the network; acknowledges the important role post offices can play in tackling financial exclusion while recognising that the Government must also take due account of the need to deliver services efficiently; and acknowledges that the Government is committed to bringing forward proposals to help put Royal Mail and the Post Office network onto a sustainable footing.

Green tax switch,—A Motion was made, and the Question being proposed, That this House notes with alarm the rise in carbon emissions since the Government took office in 1997; believes that this record is in part due to the steady fall in taxation derived from green taxes from 3.6 per cent. of gross domestic product in 1999 down to 2.9 per cent. last year; notes opinion poll support for a green tax switch from people onto pollution; urges the Government to move from rhetorical assent on the need for action on climate change to serious policy proposals which will set annual targets to cut carbon emissions, allowing for natural variations from year to year, and establish an independent monitoring body to report on progress; and therefore calls on the Government to increase green taxes on new high-emission cars and on aviation while using revenue generated to cut direct taxes, particularly on low earners, so that there is no overall rise in the burden of taxation—(Chris Huhne);

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 UK’s climate change programme which has already put the UK on course to exceed its Kyoto target of a 12.5 per cent. cut in 1990 levels of greenhouse gas emissions by 2008–12 and make further progress towards the Government’s ambitious target to cut carbon dioxide emissions by 20 per cent. by 2010; recognises the vital contribution of the Climate Change Levy, which has already saved 28 million tonnes of carbon emissions and by 2010 will be reducing carbon emissions by over seven million tonnes per year; congratulates the Government on exceeding its recycling target supported by the Landfill Tax and Landfill Allowance Trading Scheme and contributing to reductions in greenhouse gas emissions; commends introduction in the UK of the world’s first international emissions trading scheme capping emissions from power stations and energy-intensive industries; further welcomes the Government’s proposals for the second phase of the scheme in the UK; further welcomes the Government’s energy review, which proposes measures to save up to a further 25 million tonnes of carbon emissions per year by 2020 and to put the UK economy on a path to a 60 per cent. cut in carbon dioxide emissions by 2050; congratulates the Government on its commitment to delivering a strong economy based on high and stable levels of growth and employment as well as high standards of environmental care; and calls upon the Government to continue to put environmental protection, locally, nationally and globally at the heart of its policies’, instead thereof.—(Ian Pearson.)

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

Mr Adrian Sanders 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 Jeremy Browne, Paul Rowen: 66.

Tellers for the Noes, Mr Michael Foster, Liz Blackman: 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);

The House divided.

Tellers for the Ayes, Mr Michael Foster, Mr Frank Roy: 284.

Tellers for the Noes, Bob Russell, Jenny Willott: 63.

So the Question was agreed to.

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The Speaker forthwith declared the Main Question, as amended, to be agreed to.

Resolved, That this House welcomes the UK’s climate change programme which has already put the UK on course to exceed its Kyoto target of a 12.5 per cent. cut in 1990 levels of greenhouse gas emissions by 2008–12 and make further progress towards the Government’s ambitious target to cut carbon dioxide emissions by 20 per cent. by 2010; recognises the vital contribution of the Climate Change Levy, which has already saved 28 million tonnes of carbon emissions and by 2010 will be reducing carbon emissions by over seven million tonnes per year; congratulates the Government on exceeding its recycling target supported by the Landfill Tax and Landfill Allowance Trading Scheme and contributing to reductions in greenhouse gas emissions; commends introduction in the UK of the world’s first international emissions trading scheme capping emissions from power stations and energy-intensive industries; further welcomes the Government’s proposals for the second phase of the scheme in the UK; further welcomes the Government’s energy review, which proposes measures to save up to a further 25 million tonnes of carbon emissions per year by 2020 and to put the UK economy on a path to a 60 per cent. cut in carbon dioxide emissions by 2050; congratulates the Government on its commitment to delivering a strong economy based on high and stable levels of growth and employment as well as high standards of environmental care; and calls upon the Government to continue to put environmental protection, locally, nationally and globally at the heart of its policies.

4Northern Ireland Affairs,—Ordered, That Gordon Banks and Meg Hillier be discharged from the Northern Ireland Affairs Committee and John Battle and Mr Denis Murphy be added.—(Rosemary McKenna, on behalf of the Committee of Selection.)

5Public Petition,—A Public Petition from the residents of Hadleigh, Essex and others against a planned development in Park Chase, Hadleigh was presented and read; and ordered to lie upon the Table and to be printed.

6Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr John Heppell);

And the Motion having been made after Ten o’clock, and the Debate having continued for half an hour, the Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then Eleven o’clock, till to-morrow.

[Adjourned at 11 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Paper delivered to the Votes and Proceedings Office on Friday 13th October 2006 pursuant to Standing Order No. 158 (Presentation of command papers):

1Science and Technology,—Government Reply to the Fifth Report from the House of Commons Committee on Science and Technology, Session 2005–06, on Drug classification: Making a hash of it? [Cm. 6941] [Secretary John Reid].

Papers delivered to the Votes and Proceedings Office on Friday 13th October 2006 pursuant to Standing Order No. 159 (Presentation of statutory instruments):

Papers subject to Negative Resolution:

2Plant Health,—(1) Plant Health (Fees) (Forestry) Regulations 2006 (S.I., 2006, No. 2697), dated 10th October 2006;

(2) Plant Health (Forestry) (Amendment) Order 2006 (S.I., 2006, No. 2696), dated 10th October 2006; and

(3) Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006 (S.I., 2006, No. 2695), dated 9th October 2006,

with Explanatory Memoranda thereon [Secretary David Milliband].

Papers presented or laid upon the Table on Monday 16th October 2006:

Paper subject to Affirmative Resolution:

3Immigration,—Draft Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006 [by Act], with an Explanatory Memorandum [by Command] [Secretary John Reid].

Papers subject to Negative Resolution:

4Animals,—(1) Avian Influenza (Preventive Measures) (England) Regulations 2006 (S.I., 2006, No. 2701), dated 10th October 2006; and

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(2) Equine Infectious Anaemia (Compensation) (England) Order 2006 (S.I., 2006, No. 2740), dated 12th October 2006,

[by Act], with Explanatory Memoranda thereon [by Command] [Secretary David Miliband].

5Companies,—Companies Act 1985 (Small Companies’ Accounts and Audit) Regulations 2006 (S.I., 2006, No. 2782), dated 16th October 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

6National Health Service,—Special Trustees for the Queen’s Medical Centre, Nottingham, University Hospital National Health Service Trust (Transfer of Trust Property) Order 2006 (S.I., 2006, No. 2691), dated 11th October 2006 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].

7Pensions,—Pension Protection Fund (Levy Ceiling) Regulations 2006 (S.I., 2006, No. 2692), dated 10th October 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hutton].

Other Papers:

8Broadcasting,—Statement of Principles and Administrative Arrangements for Qualifying Revenue and Multiplex Revenue for Radio Licencees by the Office of Communications [by Act] [Secretary Tessa Jowell].

9Constitutional Affairs,—Government Reply to the Seventh Report from the Constitutional Affairs Committee, Session 2005–06, on Freedom of Information—one year on [by Command] [Cm. 6937] [Ms Harriet Harman].

10Criminal Justice and Court Services,—Consolidated Accounts of the Local Probation Boards for 2005–06, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1588] [Clerk of the House].

11Dentists,—Report and Accounts of the General Dental Council for 2005 [by Act] [Ms Harriet Harman].

12National Audit,—Report by the Comptroller and Auditor General on Department for Environment, Food and Rural Affairs, and Rural Payments Agency: The Delays in Administering the 2005 Single Payment Scheme in England [by Act]; to be printed [No. 1631] [Clerk of the House].

13National Loans,—Accounts of the—

(1) Consolidated Fund; and

(2) National Loans Fund

for 2005–06, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 1630 and 1652] [Clerk of the House].

Papers withdrawn:

14Immigration,—Draft Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006 [laid 9th October].

APPENDIX II

Standing Committees

1Corporate Manslaughter and Corporate Homicide Bill (Programming Sub-Committee),—The Speaker has appointed Jo Swinson in place of Mr Edward Davey as a member of the Programming Sub-Committee of Standing Committee B in respect of the Bill.

2Welfare Reform Bill,—The Committee of Selection has discharged Mr Ben Wallace from Standing Committee A (nominated in respect of the Bill) and nominated in substitution Adam Afriyie.

APPENDIX III

Reports from Select Committees

1Communities and Local Government,—(1) Minutes of Evidence taken before the Communities and Local Government Committee [Is there a future for Regional Government?]; to be printed [No. 977-viii]; and

(2) Memoranda laid before the Committee [Planning Performance]

[Dr Phyllis Starkey].

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2Education and Skills,—Fifth Report from the Education and Skills Committee [Public Expenditure], 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. 1201] [Mr Barry Sheerman].

3Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Environment, Food and Rural Affairs Committee [The UK Government’s “Vision for the Common Agricultural Policy”], together with Memoranda laid before the Committee; to be printed [No. 1250-iv] [Mr Michael Jack].

4Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [Financial management in the NHS]; to be printed [No. 1662-i] [Mr Edward Leigh].


[No. 194.]

Tuesday 17th October 2006.

The House met at half-past Two o’clock.

PRAYERS.

1Osborne Estate Bill,—The Order for reading the Osborne Estate Bill a second time on Friday 20th October was read and discharged.

Bill withdrawn.

2Gambling Act 2005 (Amendment),—A Motion was made, and the Question being proposed, That leave be given to bring in a Bill to amend the Gambling Act 2005 to allow for increased provision of casinos; and for connected purposes—(Mr Jim Cunningham);

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).

The House divided.

Tellers for the Ayes, Mr Tom Clarke, Mr Jim Devine: 55.

Tellers for the Noes, Mike Penning, Mr Christopher Chope: 240.

So the Question was negatived.

3Companies Bill [Lords] (Programme) (No. 3),—A Motion was made, and the Question being proposed, That the Order of 6th June 2006 (Company Law Reform Bill [Lords] (Programme)) be varied as follows:

1. Paragraphs 4 and 5 of the Order shall be omitted.

2. Proceedings on consideration and Third Reading shall be completed in three days.

3. Proceedings on consideration shall be taken on each of those days as shown in the first column of the Table and in the order so shown.

4. Each part of those proceedings shall (so far as not previously concluded) be brought to a conclusion at the time specified in relation to it in the second column of the Table.

5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at 6.00 p.m. on the third day.

FIRST DAY
ProceedingsTime for conclusion of proceedings
New Clauses relating to Chapter 2 of Part 10, Amendments relating to Chapter 2 of Part 107.00 p.m.
New Clauses relating to Chapter 1 and Chapters 3 to 9 of Part 10, Amendments relating to Chapter 1 and Chapters 3 to 9 of Part 10.8.30 p.m.
New Clauses relating to Part 11, Amendments relating to Part 11.10.00 p.m.

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SECOND DAY
ProceedingsTime for conclusion of proceedings
New Clauses relating to Chapter 5 of Part 16, Amendments relating to Chapter 5 of Part 16, new Clauses relating to Chapters 1 to 4 and 6 to 12 of Part 16, Amendments relating to Chapters 1 to 4 and 6 to 12 of Part 16.3.00 p.m.
New Clauses relating to Part 8, Amendments relating to Part 8, new Clauses relating to Part 12, Amendments relating to Part 12, new Clauses relating to Part 13, Amendments relating to Part 13, new Clauses relating to Part 4, Amendments relating to Part 4, new Clauses relating to Part 5, Amendments relating to Part 5.5.30 p.m.
New Clauses relating to Part 15, Amendments relating to Part 15, new Clauses relating to Part 14, Amendments relating to Part 14.7.00 p.m.
THIRD DAY
ProceedingsTime for conclusion of proceedings
New Clauses relating to Part 44, Amendments relating to Part 44, Amendments relating to Clauses 521 to 523, new Clauses relating to Part 17, Amendments relating to Clauses 483 to 520 and 524 to 553, remaining new Clauses, remaining amendments to Clauses, new Schedules, amendments to Schedules, remaining proceedings on consideration.4.00 p.m.
—(Margaret Hodge);

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

The House divided.

Tellers for the Ayes, Tony Cunningham, Mr Dave Watts: 303.

Tellers for the Noes, Mr Henry Bellingham, Mr David Evennett: 231.

So the Question was agreed to.

4Companies Bill [Lords] (changed from Company Law Reform Bill [Lords]) [1st allocated day],—The House, according to Order, proceeded to consider the Companies Bill [Lords] (changed from Company Law Reform Bill [Lords]), as amended in the Standing Committee.

A Clause (NC4) (Duty to promote the success of the company (No. 2))—(Patrick Hall)—brought up, and read the first time.

Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn.

Amendment (No. 389) proposed to the Bill, in page 78, line 23, to leave out subsection (3).—(Mr Jonathan Djanogly.)

Question proposed, That the Amendment be made.

And it being Seven o’clock, the Deputy Speaker put the Question already proposed from the Chair, pursuant to Order [this day]:—It was negatived.

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

Another Amendment (No. 402) proposed to the Bill, in page 80, line 4, to leave out paragraph (a) and insert the words—

‘(a) if the director reasonably and in good faith believes the situation is not likely to give rise to a conflict of interest; or’.—(Mr Jonathan Djanogly.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Mr David Evennett, Angela Watkinson: 210.

Tellers for the Noes, Liz Blackman, Huw Irranca-Davies: 305.

Amendment (No. 162) made to the Bill.

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Another Clause (NC72) (Loans to directors: requirement of members’ approval)—(Margaret Hodge)—brought up, read the first and second time, and added to the Bill.

Another Clause (NC73) (Quasi-loans to directors: requirement of members’ approval)—(Margaret Hodge)—brought up, read the first and second time, and added to the Bill.

Another Clause (NC74) (Loans or quasi-loans to persons connected with directors: requirement of members’ approval)—(Margaret Hodge)—brought up, read the first and second time, and added to the Bill.

Another Amendment (No. 761) proposed to the Bill, in page 71, line 10, at the end, to insert the words ‘and domiciled in the United Kingdom’.—(Mr Austin Mitchell.)

Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.

Another Amendment (No. 255) proposed to the Bill, in page 74, line 6, to leave out from the word ‘company’ to the end of line 7 and insert the words—

‘(2A) The register must be kept available for inspection—

(a) at the company’s registered office, or

(b) at a place specified in regulations under section (Regulations about where certain company records to be kept available for inspection).’.—(Margaret Hodge.)

Question proposed, That the Amendment be made.

And it being half past Eight o’clock, the Deputy Speaker put the Question already proposed from the Chair:—It was agreed to.

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

Other Amendments (Nos. 256 to 258, 715, 716, 770, 717, 488, 591, 489, 592, 593, 490, 594, 491, 595 to 598, 613, 163, 164, 599 to 611, 492, 493, 165, 494, 644, 166, 612, 167, 259, 168, 169, 260, 645, 677, 646 and 614) made to the Bill.

Another Amendment (No. 170) made to the Bill.

Another Amendment (No. 412) proposed to the Bill, in page 121, line 21, to leave out the words ‘or proposed’.—(Mr Jonathan Djanogly.)

Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.

Another Amendment (No. 415) proposed to the Bill, in page 121, line 33, at the end, to insert the words—

‘(6) A derivative claim under this Chapter may only be brought if the directors have been requested by a member of the company to bring a claim in respect of an act or omission specified in subsection (3) and have not agreed to the request after the expiry of a reasonable period from service of the request.’.—(Mr Jonathan Djanogly.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Mr David Evennett, Andrew Rosindell: 191.

Tellers for the Noes, Mr Michael Foster, Huw Irranca-Davies: 287.

Another Amendment (No. 171) made to the Bill.

Bill to be further considered to-morrow.

5Landlord and Tenant,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 18 (Consideration of draft regulatory reform orders), That the draft Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006, which was laid before this House on 5th July, be approved.—(Mr Alan Campbell):—It was agreed to.

6Delegated Legislation,—Ordered, That the Strategic Health Authorities (Establishment and Abolition) (England) Order 2006 (S.I., 2006, No. 1408), dated 25th May 2006, and the Statement of Changes in Immigration Rules (Cm. 6918) be referred to Standing Committees on Delegated Legislation.—(Mr Alan Campbell.)

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7Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr Alan Campbell);

And the Motion having been made at Ten o’clock, and the Debate having continued for half an hour, the Speaker adjourned the House without Question put, pursuant to the Standing Order, till to-morrow.

[Adjourned at 10.30 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Negative Resolution:

1Animals,—Avian Influenza (Vaccination) (England) Regulations 2006 (S.I., 2006, No. 2703), dated 11th October 2006 [by Act], with an Explanatory Memorandum [by Command] [Secretary David Miliband].

2Clean Air,—Smoke Control Areas (Exempted Fireplaces) (England) (No. 2) Order 2006 (S.I., 2006, No. 2704), dated 11th October 2006 [by Act], with an Explanatory Memorandum [by Command] [Secretary David Miliband].

3Food,—(1) Curd Cheese (Restriction on Placing on the Market) (England) Regulations 2006 (S.I., 2006, No. 2787), dated 16th October 2006; and

(2) Plastic Materials and Articles in Contact with Food (England) (No. 2) Regulations 2006 (S.I., 2006, No. 2687), dated 9th October 2006

[by Act], with Explanatory Memoranda thereon [by Command] [Ms Secretary Hewitt].

4Immigration,—(1) Asylum and Immigration Tribunal (Fast Track Procedure) (Amendment) Rules 2006 (S.I., 2006, No. 2789); and

(2) Asylum and Immigration Tribunal (Procedure) (Amendment) Rules 2006 (S.I., 2006, No. 2788),

dated 13th October 2006 [by Act], with Explanatory Memoranda thereon [by Command] [Bridget Prentice].

Other Papers:

5Foreign Affairs,—Government Response to the Seventh Report from the Foreign Affairs Committee, Session 2005–06, on East Asia [by Command] [Cm. 6944] [Secretary Margaret Beckett].

6Health,—Government Response to the Third Report from the Health Committee, Session 2005–06, on NHS Charges [by Command] [Cm. 6922] [Ms Secretary Hewitt].

7Work and Pensions,—Report by the Department for Work and Pensions for 2006 [by Command] [Cm. 6915-I and -II] [Mr Secretary Hutton].

APPENDIX II

Reports from Select Committees

1Administration,—Record of the Committee’s discussions at its meeting on 17th October [Mr Frank Doran].

2Communities and Local Government,—Minutes of Evidence taken before the Communities and Local Government Committee [Coastal Towns]; to be printed [No. 1023-iv] [Dr Phyllis Starkey].

3Constitutional Affairs,—Minutes of Evidence taken before the Constitutional Affairs Committee [Department for Constitutional Affairs: DCA Departmental Report 2005–06]; to be printed [No. 1665-i] [Mr Alan Beith].

4Conventions,—Memoranda laid before the Joint Committee on Conventions [Sir Malcolm Rifkind].

5Crossrail Bill,—Minutes of Evidence taken before the Select Committee on the Crossrail Bill; to be printed [No. 837-lx] [Mr Alan Meale].

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6Culture, Media and Sport,—(1) Second Special Report from the Culture, Media and Sport Committee [Women’s Football: replies to the Committee’s Fourth Report of Session 2005–06]; to be printed [No. 1646]; and

(2) Minutes of Evidence taken before the Committee [New Media and the Creative Industries]; to be printed [No. 1091-vi]

[John Whittingdale].

7Environmental Audit Committee,—(1) Minutes of Evidence taken before the Environmental Audit Committee [The Kyoto Protocol: Beyond 2012] together with Memoranda laid before the Committee; to be printed [No. 1666-i];

(2) Memorandum laid before the Committee [Pre-Budget 2005: Tax, economic analysis, and climate change]; and

(3) Memorandum laid before the Committee [Sustainable Procurement: The Way Forward]

[Mr Tim Yeo].

8International Development,—Sixth Report from the International Development Committee [Conflict and Development: Peacebuilding and Post-conflict Reconstruction], 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. 923-I and -II] [Malcolm Bruce].

9Public Administration,—(1) Minutes of Evidence taken before the Select Committee on Public Administration [Governing the Future]; to be printed [No. 756-v]; and

(2) Letter laid before the Committee [Debt of Honour]

[Dr Tony Wright].

10Trade and Industry,—(1) Fourteenth Special Report from the Trade and Industry Committee [Government Response to the Fourth Report from the Committee, on New Nuclear? Examining the issues]; to be printed [No. 1663]; and

(2) Minutes of Evidence taken before the Committee [Local Energy Generation]; to be printed [No. 1664-i]

[Peter Luff].

11Treasury,—Minutes of Evidence taken before the Treasury Committee [Globalisation: Its impact on the real economy]; to be printed [No. 1218-iii] [Mr John McFall].

12Welsh Affairs,—(1) Fifth Special Report from the Welsh Affairs Committee [Energy in Wales: Government Response to the Committee’s Third Report of Session 2005–06]; to be printed [No. 1656]; and

(2) Sixth Special Report from the Committee [Future of RAF St Athan: Government Response to the Committee’s Fourth Report of Session 2005–06]; to be printed [No. 1657]

[Dr Hywel Francis].


[No. 194; WH, No. 127]

Tuesday 17th October 2006.

The House sitting in Westminster Hall

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

Adjournment,—Resolved, That the sitting be now adjourned.—(Liz Blackman.)

And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 1.59 p.m.


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[No. 195.]

Wednesday 18th October 2006.

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

PRAYERS.

1Bus Services Bill,—The Order for reading the Bus Services Bill a second time on Friday 20th October was read and discharged.

Bill withdrawn.

2Income Tax (Earnings Exemption for Persons Living in Poverty) (No. 2) Bill,—The Order for reading the Income Tax (Earnings Exemption for Persons Living in Poverty) (No. 2) Bill a second time on Friday 20th October was read and discharged.

Bill withdrawn.

3Liability for Suicide,—Ordered, That leave be given to bring in a Bill to make provision about liability for suicide; and for connected purposes: And that Mr Iain Duncan Smith, Mrs Claire Curtis-Thomas, Mrs Nadine Dorries, Dr Liam Fox, Mrs Louise Ellman, Lembit O­pik, Justine Greening, Mr Edward Vaizey and Jim Dobbin do prepare and bring it in.

4Liability for Suicide Bill,—Mr Iain Duncan Smith accordingly presented a Bill to make provision about liability for suicide; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 20th October and to be printed [Bill 229].

5Companies Bill [Lords] (changed from Company Law Reform Bill [Lords]) [2nd allocated day],—The House, according to Order, proceeded further to consider the Companies Bill [Lords] (changed from Company Law Reform Bill [Lords]), as amended in the Standing Committee.

Another Clause (NC1) (Contents of director’s report: business review (No. 2))—(Jon Trickett)—brought up and read the first time.

Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn.

It being Three o’clock, the Deputy Speaker, pursuant to Order [17th October], put forthwith the Question on a new Clause selected by the Speaker for separate decision.

Another Clause (NC75) (Requirement for audit of business review)—(David Howarth)—brought up and read the first time.

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

The House divided.

Tellers for the Ayes, Mr Roger Williams, Paul Rowen: 60.

Tellers for the Noes, Mr Ian Cawsey, Jonathan Shaw: 439.

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

Motion made, and Question put, That Amendments Nos. 821, 822, 712, 530 to 533, 311, 303, 340, 341, 312 to 315, 235 to 239, 824, 224, 713, 534 to 536, 240, 537, 825, 538, 316 and 539 to 543 be made.—(Margaret Hodge.)

The House divided.

Tellers for the Ayes, Jonathan Shaw, Mr Ian Cawsey: 346.

Tellers for the Noes, Mr Henry Bellingham, Mr Crispin Blunt: 165.

Another Clause (NC16) (Names and addresses of members of companies: company application)—(Mr Jonathan Djanogly)—brought up and read the first time.

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

The House divided.

Tellers for the Ayes, Andrew Rosindell, Mr Crispin Blunt: 208.

Tellers for the Noes, Mr Ian Cawsey, Jonathan Shaw: 300.

Other Amendments (Nos. 209, 254, 210 to 212, 161, 222, 305, 223 and 306) made to the Bill.

Another Amendment (No. 358) proposed to the Bill, in page 128, line 21, at the beginning to insert the words ‘Subject to subsections (3) and (4)’.—(James Brokenshire.)

Question, That the Amendment be made, put and negatived.

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It being half-past Five o’clock the Deputy Speaker put forthwith the Questions on Amendments and a new Clause moved by a Minister of the Crown to be disposed of at that hour.

Other Amendments (Nos. 771 to 773, 366, 261 to 264, 367, 776, 368, 304, 441, 369, 370, 728, 729, 373, 731 to 734, 207, 723 to 726, 347 and 727) made to the Bill.

Another Clause (NC7) (Decision of adjudicator to be made available to public)—(Margaret Hodge)—brought up, read the first time and added to the Bill.

Other Amendments (Nos. 474 to 476, 510, 477, 478, 511, 479, 512, 513, 145 to 150, 208 and 151) made to the Bill.

Another Clause (NC81) (Enforcement of directors’ liabilities by shareholder action)—(Margaret Hodge)—brought up, read the first and second time, and added to the Bill.

Another Clause (NC82) (Enforcement of directors’ liabilities by shareholder action: supplementary)—(Margaret Hodge)—brought up, read the first and second time, and added to the Bill.

Another Clause (NC83) (Trade unions)—(Margaret Hodge)—brought up, read the first and second time, and added to the Bill.

Another Clause (NC76) (Expenditure on lobbying)—(David Howarth)—brought up and read the first time.

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

The House divided.

Tellers for the Ayes, Bob Russell, Jenny Willott: 50.

Tellers for the Noes, Tony Cunningham, Mr Michael Foster: 291.

Other Amendments (Nos. 495 to 497, 706, 499, 647, 500, 501, 707, 503, 708 to 711) made to the Bill.

Another Clause (NC9) (Inspection of records of resolutions and meetings)—(Margaret Hodge)—brought up, read the first and second time, and added to the Bill.

Another Clause (NC13) (Saving for provisions of articles as to determination of entitlement to vote)—(Margaret Hodge)—brought up, read the first time.

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

And it being Seven o’clock, the Speaker put the Question already proposed from the Chair:—It was agreed to.

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

Another Clause (NC14) (Computation of periods of notice etc: clear day rule)—(Margaret Hodge)—brought up, read the first time and added to the Bill.

Other Amendments (Nos. 643 and 301) made to the Bill.

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

Another Amendment (No. 355) proposed to the Bill, in page 142, line 23, at the end, to insert the words—

‘( ) Nothing in this Chapter affects a provision of a company’s articles which provides for a resolution in writing executed by or on behalf of each member who would have been entitled to vote upon it if it had been proposed at a general meeting, or at a meeting of any class of members of the company, at which he was present (whether such resolution consists of one instrument executed by or on behalf of each such member or of several instruments in the like form each executed by or on behalf of one or more such members) to be as effectual as if it had been passed at a general meeting, or at a meeting of any class of members of the company, duly convened and held. A resolution in writing passed in accordance with such a provision of the company’s articles shall be treated as if it were a “written resolution” for the purposes of this Chapter.’.—(Mr Jonathan Djanogly.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Mr Tobias Ellwood, Andrew Rosindell: 203.

Tellers for the Noes, Mr Michael Foster, Tony Cunningham: 288.

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

Other Amendments (Nos. 443, 302, 348, 349, 444 to 446, 350 and 269) made to the Bill.

Bill to be further considered to-morrow.

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6Public Petitions,—Public Petitions from—

(1) the people of Irlam and Cadishead, Manchester, for the licensing of all off road bikes;

(2) the Residents of Torridge and West Devon against changes to the Post Office Card Account; and

(3) Mr Stan White and other customers of Rothwell Post Office against changes to the Post Office Card Account

were presented and read; and ordered to lie upon the Table and to be printed.

7Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr John Heppell);

And the Motion having been made after Seven o’clock, and the Debate having continued for half an hour, the Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then ten minutes to Eight o’clock, till to-morrow.

[Adjourned at 7.50 p.m.


APPENDIX I

Papers presented or laid upon the Table:

Paper subject to Negative Resolution:

1Food,—Meat (Official Controls Charges) (England) Regulations 2006 (S.I., 2006, No. 2705), dated 11th October 2006 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].

APPENDIX II

Standing Committees

1Draft Social Security (Graduated Retirement Benefit) (Consequential Provisions) Order 2006,—The Committee of Selection has discharged Mr Stephen Byers from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Kerry McCarthy.

2Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2006 (S.I., 2006. No. 2383):

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

(2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Ed Balls, Mr Colin Breed, Greg Clark, Jim Cousins, Mrs Claire Curtis-Thomas, Mrs Louise Ellman, Jeff Ennis, Mr Michael Fallon, Julia Goldsworthy, Mr John Heppell, Mr Nick Hurd, Ms Diana R. Johnson, Helen Jones, Andrew Selous, Mrs Theresa Villiers, Mrs Betty Williams and Derek Wyatt.

3Draft Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006,—The Committee of Selection has discharged Jeff Ennis and Anne Snelgrove from the Second Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations) and nominated in substitution Shona McIsaac and Mark Tami.

4Draft Rates (Amendment) (Northern Ireland) Order 2006:

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

(2) the Committee of Selection has nominated twenty-one Members to serve on the Committee: Mr Nicholas Brown, Mr Nigel Dodds, Mark Durkan, Mr Michael Foster (Worcester), Mr Christopher Fraser, Linda Gilroy, Mr David Hanson, Lady Hermon, Mr Adam Holloway, Mr Lindsay Hoyle, Sir Gerald Kaufman, Judy Mallaber, Robert Neill, Mr Nick Raynsford, Mr Alan Reid, Mr Laurence Robertson, Andrew Rosindell, Joan Ruddock, Lynda Waltho, Mr Tom Watson and David Wright.

5Code of Practice on Consent (Code 1) and the Human Tissue Act 2004 (Ethical Approval, Exemptions from Licensing and Supply of Information about Transplants) Regulations 2006 (S.I., 2006, No. 1260):

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

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(2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Mr Crispin Blunt, Mr David Clelland, Mary Creagh, Clive Efford, Dr Evan Harris, Huw Irranca-Davies, Andrew Mackinlay, Anne Main, Chris Mole, Dr Andrew Murrison, Mike Penning, Dr John Pugh, Jim Sheridan, John Smith, Jon Trickett, Mr Shailesh Vara and Ms Rosie Winterton.

6Strategic Health Authorities (Establishment and Abolition) (England) Order 2006 (S.I., 2006, No. 1408):

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

(2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Ms Diane Abbott, Adam Afriyie, Mr Ian Austin, Mr Richard Bacon, Mr Crispin Blunt, Mr Ronnie Campbell, Mr Tom Clarke, Jon Cruddas, James Duddridge, Angela Eagle, Huw Irranca-Davies, Mr Ivan Lewis, Shona McIsaac, Mr Stephen O’Brien, Dr John Pugh, Mr Geoffrey Robinson and Steve Webb.

European Standing Committees

7European Union Document No. 10014/06, relating to Voluntary Reduction (“Modulation”) of Direct Farm Support Payments,—The Committee of Selection has discharged Daniel Kawczynski from European Standing Committee (nominated in respect of the Document) and nominated in substitution James Brokenshire.

8European Union Document No. 10954/06 and Addendum 1 relating to Transport Policy,—The Committee of Selection has nominated thirteen Members to serve on the European Standing Committee nominated in respect of the Document and Addendum: Mr Henry Bellingham, Mr Alistair Carmichael, Tony Cunningham, Mr David Gauke, Stephen Hammond, Jane Kennedy, Dr Stephen Ladyman, Mr John Leech, Mr George Mudie, Mr Lee Scott, Alan Simpson, Mr Andrew Slaughter and Mr Mark Todd.

9European Union Document No. 9898/06 relating to Consultation on Fisheries Management Proposals,—The Committee of Selection has nominated thirteen Members to serve on the European Standing Committee nominated in respect of the Document: Ms Celia Barlow, Mr Ben Bradshaw, Tony Cunningham, Mr David Drew, Mr George Howarth, Chris Huhne, Mark Lazarowicz, Mr Brooks Newmark, Andrew Rosindell, Dr Alan Whitehead, Bill Wiggin, Mr Roger Williams and Jeremy Wright.

10European Union Documents No. 11902/06 and Addendum 1 and No. 11896/06 and Addenda 1 and 2, relating to Sustainable use of pesticides, have been referred to European Standing Committee A.

11European Union Documents No. 11399/06, No. 11660/06 and Addenda 1 and 2, and unnumbered Explanatory Memorandum dated 10th October 2006, submitted by HM Treasury, relating to Financial Management, have been referred to European Standing Committee B.

12European Union Document No. 13347/06, relating to EU Enlargement: Bulgaria and Romania, has been referred to European Standing Committee B.

13European Union Document No. 12107/06 and Addenda 1 and 2, relating to An EU strategy on the rights of the child, have been referred to European Standing Committee C.

APPENDIX III

Reports from Select Committees

1Crossrail Bill,—Minutes of Evidence taken before the Select Committee on the Crossrail Bill; to be printed [No. 837-lxi] [Mr Alan Meale].

2Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Environment, Food and Rural Affairs Committee [The UK Government’s “Vision for the Common Agricultural Policy”], together with Memoranda laid before the Committee; to be printed [No. 1250-v] [Mr Michael Jack].

3European Scrutiny,—(1) Thirty-eighth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 34-xxxviii];

(2) Minutes of Evidence taken before the Committee [Implementation of the Hague Programme and Improvement in police co-operation]; to be printed [No. 1614-i]; and

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

[Michael Connarty].

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4Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [Termination of the PFI contract from the National Physical Laboratory]; to be printed [No. 1618-i] [Mr Edward Leigh].

5Science and Technology,—(1) Fifth Special Report from the Science and Technology Committee [Research Council Support for Knowledge Transfer: Government Response to the Committee’s Third Report, Session 2005–06]; to be printed [No. 1653];

(2) Sixth Special Report from the Committee [Watching the Directives: Scientific Advice on the EU Physical Agents (Electromagnetic Fields) Directive: Responses to the Committee’s Fourth Report, Session 2005–06]; to be printed [No. 1654]; and

(3) Minutes of Evidence taken before the Committee [Office of Science and Innovation Scrutiny Report 2006]; to be printed [No. 490-v]

[Mr Phil Willis].

6Select Committees (Choice of Chairman),—Michael Connarty reported from the European Scrutiny Committee, That he had been chosen as Chairman of the Committee [Michael Connarty].

7Statutory Instruments,—Thirty-fifth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 35-xxxv] [David Maclean].

8Transport,—(1) Tenth Report from the Transport Committee [Roads Policing and Technology: Getting the balance right], 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. 975];

(2) Eleventh Report from the Committee [Bus Services across the UK], 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. 1317];

(3) Twelfth Report from the Committee [Local Transport Planning and Funding], 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. 1120]; and

(4) Fifteenth Special Report from the Committee [Government Response to the Ninth Report from the Committee, Session 2005–06, on The Work of the Department for Transport’s Executive Agencies–Driver and Vehicle Operator Group and the Highways Agency]; to be printed [No. 1615]

[Mrs Gwyneth Dunwoody].

9Treasury,—Minutes of Evidence taken before the Sub-Committee of the Treasury Committee [HM Treasury Departmental Report 2006]; to be printed [No. 1659-i] [Mr John McFall].


[No. 195; WH, No. 128]

Wednesday 18th October 2006.

The House sitting in Westminster Hall

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

Adjournment,—Resolved, That the sitting be now adjourned.—(Mr Dave Watts.)

And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 5.37 p.m.


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[No. 196.]

Thursday 19th October 2006.

The House met at half-past Ten o’clock.

PRAYERS.

1First Standing Committee on Delegated Legislation,—Mr Martyn Jones reported from the First Standing Committee on Delegated Legislation the draft Social Security (Graduated Retirement Benefit) (Consequential Provisions) Order 2006.

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

2Second Standing Committee on Delegated Legislation,—Mr Greg Pope reported from the Second Standing Committee on Delegated Legislation the draft Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006.

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

3Message from the Lords,—A Message was brought from the Lords, as follows:

Police and Justice Bill,—The Lords agree to the Police and Justice Bill, with Amendments, to which they desire the concurrence of this House.

4Police and Justice Bill,—Lords Amendments to the Police and Justice Bill to be considered to-morrow; and to be printed [Bill 230].

5Procurement of Innovative Technologies and Research Bill,—The Order for reading the Procurement of Innovative Technologies and Research Bill a second time on Friday 20th October was read and discharged.

Bill withdrawn.

6Passenger Transport Authorities (Regulation) Bill,—The Order for reading the Passenger Transport Authorities (Regulation) Bill a second time on Friday 20th October was read and discharged.

Bill withdrawn.

7Telecommunications Masts (Planning Control) Bill,—The Order for resuming on Friday 20th October the adjourned Debate on the Question proposed on 3rd March, That the Telecommunications Masts (Planning Control) Bill be read a second time, was read and discharged.

Bill withdrawn.

8Companies Bill [Lords] (changed from Company Law Reform Bill [Lords]) [3rd allocated day],—The House, according to Order, proceeded further to consider the Companies Bill [Lords] (changed from Company Law Reform Bill [Lords]), as amended in the Standing Committee.

Another Clause (NC15) (Duty to provide information about exercise of voting rights)—(Mr Jonathan Djanogly)—brought up, and read the first time.

Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn.

Another Amendment (No. 435) proposed to the Bill, in page 604, line 4, at the end, to insert the words—

‘(7) Regulations under this section shall be subject to public consultation prior to publication, and shall be the subject of a cost benefit analysis.’.—(Mr Jonathan Djanogly.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Andrew Selous, Mr Simon Burns: 147.

Tellers for the Noes, Mr Ian Cawsey, Jonathan Shaw: 253.

Another Amendment (No. 740) made to the Bill.

Another Amendment (No. 439) proposed to the Bill, in page 251, line 28, to leave out the words ‘knowingly or recklessly’ and insert the words ‘dishonestly or fraudulently’, instead thereof.—(Justine Greening.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Andrew Selous, Mr Simon Burns: 121.

Tellers for the Noes, Jonathan Shaw, Mr Ian Cawsey: 306.

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Another Clause (NC86) (Circulation of liability limitation agreement)—(Jim Cousins)—brought up, and read the first time.

Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn.

Other Amendments (Nos. 241, 242, 447, 243 to 245, 544, 545, 246, 546, 714, 547, 247 to 252, 548, 448, 213, 225, 449, 648, 549, 826 and 550 to 552) made to the Bill.

Other Clauses (NC8) (Removal of special provisions about accounts and audit of charitable companies), (NC10) (Instruments creating charges and register of charges to be available for inspection), (NC11) (Instruments creating charges and register of charges to be available for inspection), (NC12) (Regulations about where certain company records to be kept available for inspection, (NC18) (Application of this Part), (NC19) (Relationship of this Part to Part 27), (NC20) (Mergers and merging companies), (NC21) (Draft terms of scheme (merger)), (NC22) (Publication of draft terms (merger)), (NC23) (Approval of members of merging companies), (NC24) (Directors’ explanatory report (merger)), (NC25) (Expert’s report (merger)), (NC26) (Supplementary accounting statement (merger)), (NC27) (Inspection of documents (merger)), (NC28) (Approval of articles of new transferee company (merger)), (NC29) (Protection of holders of securities to which special rights attached (merger)), (NC30) (No allotment of shares to transferor company or its nominee (merger)), (NC31) (Circumstances in which certain particulars and reports not required (merger)), (NC32) (Circumstances in which meeting of members of transferee company not required (merger)), (NC33) (Circumstances in which no meetings required (merger)), (NC34) (Other circumstances in which meeting of members of transferee company not required (merger)), (NC35) (Divisions and companies involved in a division), (NC36) (Draft terms of scheme (division)), (NC37) (Publication of draft terms (division)), (NC38) (Approval of members of companies involved in the division), (NC39) (Directors’ explanatory report (division)), (NC40) (Expert’s report (division)), (NC41) (Supplementary accounting statement (division)), (NC42) (Inspection of documents (division)), (NC43) (Report on material changes of assets of transferor company (division)), (NC44) (Approval of articles of new transferee company (division)), (NC45) (Protection of holders of securities to which special rights attached (division)), (NC46) (No allotment of shares to transferor company or its nominee (division)), (NC47) (Circumstances in which meeting of members of transferor company not required (division)), (NC48) (Circumstances in which meeting of members of transferee company not required (division)), (NC49) (Agreement to dispense with reports etc (division)), (NC50) (Power of court to exclude certain requirements (division)), (NC51) (Expert’s report: valuation by another person), (NC52) (Experts and valuers: independence requirement), (NC53) (Experts and valuers: meaning of “associate”), (NC54) (Power of court to summon meeting of members or creditors of existing transferee company), (NC55) (Court to fix date for transfer of undertaking etc of transferor company), (NC56) (Liability of transferee companies for each other’s defaults), (NC57) (Meaning of “liabilities” and “property”), (NC58) (Consequences of order imposing restrictions), (NC59) (Penalty for attempted evasion of restrictions), (NC60) (Relaxation of restrictions), (NC61) (Removal of restrictions), (NC62) (Order for sale of shares), (NC63) (Application of proceeds of sale under court order)—(Margaret Hodge)—brought up, read the first and second time and added to the Bill.

Other Clauses (NC64) (Registrar’s requirements as to certification or verification) and (NC65) (Meaning of “UK-registered company”)—(Vera Baird)—brought up, read the first and second time and added to the Bill.

Other Clauses (NC66) (Application of Part 27), (NC67) (Court order for holding of meeting), (NC68) (Statement to be circulated or made available), (NC69) (Duty of directors and trustees to provide information), (NC70) (Court sanction for compromise or arrangement) and (NC71) (Powers of court to facilitate reconstruction or amalgamation)—(Margaret Hodge)—brought up, read the first and second time and added to the Bill.

Another Clause (NC77) (Documents to be incorporated in or accompany copies of articles issued by company)—(Margaret Hodge)—brought up and read the first time.

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

And it being Four o’clock, the Deputy Speaker put the Question already proposed from the Chair, pursuant to Order [17th October]:—It was agreed to.

Clause added to the Bill.

The Deputy Speaker then put the Questions on the remaining new Clauses and certain Amendments moved by a Minister of the Crown.

Other Clauses (NC78) (Resolutions to be forwarded to registrar), (NC79) (Obligations of company with respect to articles etc), (NC80) (Supplementary provisions where company’s constitution altered), (NC84) (Power to accept documents not meeting requirements for proper delivery), (NC85) (Documents containing unnecessary material), (NC87) (Treatment of reserve arising from reduction of capital),

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(NC88A) (Company charges), (NC92) (The authorised minimum), (NC93) (Power to alter authorised minimum), (NC94) (Authorised minimum: application of initial requirement), (NC95) (Authorised minimum: application where shares denominated in different currencies etc), (NC96) (Company contracts and execution of documents by companies), (NC98) (“Non-cash asset”), (NC99) (Notice to registrar of existence of restriction on amendment of articles) and (NC100) (Statement of compliance where amendment of articles restricted)—(Margaret Hodge)—brought up, read the first time and added to the Bill.

Other Amendments (Nos. 470, 471, 823, 472, 764, 718, 765, 719, 720, 473, 721, 766, 722, 688, 206) made to the Bill

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

Another Amendment (No. 790) proposed to the Bill, in page 9, line 13, to leave out Clause 22.—(James Brokenshire.)

Question put, That the Amendment be made.

The House divided.

Tellers for the Ayes, Andrew Selous, Mr Tobias Ellwood: 116.

Tellers for the Noes, Mr Frank Roy, Liz Blackman: 304.

The Deputy Speaker then put the Questions on the remaining Amendments and new Schedules moved by a Minister of the Crown.

Other Amendments (Nos. 837 to 841, 791, 792, 689 to 698, 158, 804, 784, 159, 160, 767 to 769, 339, 553, 15, 442, 805, 615, 699, 616, 617, 214, 574 to 577, 618, 27, 578 to 581, 620 to 632, 649, 650, 700, 817, 582, 583, 819, 47, 806, 49, 635, 807, 701, 52, 637, 638, 459 to 463, 639, 640, 464, 465, 641, 642, 584 to 586, 226, 587, 227, 702, 270 to 274, 228, 651, 275 to 280, 231, 69, 588, 589, 590, 652, 653, 72, 215, 281, 216, 74, 172, 173, 808, 79, 229, 230, 738, 739, 454, 455, 282 to 292, 217 to 219, 86, 232, 308 to 310, 657 to 659, 87, 660 to 663, 89 to 91, 827, 781, 735, 782, 741, 293 to 295, 785 to 787, 296 to 298, 520 to 529, 342, 343, 141, 345, 346, 703, 704, 667, 678, 99, 101, 669 to 671, 105, 673, 674, 480 to 483, 514, 515, 505 to 508, 516, 509, 220, 484, 466 to 469, 742, 174, 743 to 748, 175 to 187, 749, 783, 736, 188, 189, 233, 750, 190, 191, 504, 234, 192 to 194, 485, 221, 456 to 458, 299, 300, 486, 554 to 564, 253, 655, 828, 518, 829 to 832, 307, 833, 834, 487, 737, 517, 152 to 157, 519, 195 to 197, 317 to 326, 198, 327 to 335 and 809 to 815) made to the Bill.

Schedules (NS1) (Removal of special provisions about accounts and audit of charitable companies), (NS2) (Index of defined expressions) and (NS3) (Repeals)—(Margaret Hodge)—brought up, read the first time and added to the Bill.

Other Amendments (Nos. 199, 200, 565, 123, 566 to 569, 124, 570, 571, 450 to 453, 705, 572, 573, 835, 201 to 205, 336 to 338, 816 and 836) made to the Bill.

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

Margaret Hodge, 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.

Margaret Hodge, by Command of the Prince of Wales, acquainted the House, That His Royal Highness, having been informed of the purport of the Bill, gives his Consent, as far as the Prince of Wales’s interest is concerned, That the House may do therein as it shall think fit.

And the Question being put:—It was agreed to.

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

9Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr John Heppell);

And it being Six o’clock, the Motion for the adjournment of the House lapsed, without Question put.

10Adjournment,—Resolved, That this House do now adjourn.—(Mr John Heppell.)

And accordingly, the House, having continued to sit till twenty-nine minutes past Six o’clock, adjourned till to-morrow.

[Adjourned at 6.29 p.m.

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APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1Constitutional Law,—Draft National Assembly for Wales (Transfer of Functions) (No. 2) Order 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hain].

2Legal Services,—Draft Association of Law Costs Draftsmen Order 2006 [by Act], with an Explanatory Memorandum [by Command] [Bridget Prentice].

3Representation of the People,—(1) Draft Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006;

(2) draft Review of Polling Districts and Polling Places (Parliamentary Elections) Regulations 2006; and

(3) draft Service Voters’ Registration Period Order 2006

[by Act], with Explanatory Memoranda thereon [by Command] [Bridget Prentice].

Papers subject to Negative Resolution:

4Broadcasting,—Broadcasting Digital Terrestrial Sound (Technical Service) Order 2006 (S.I., 2006, No. 2793), dated 18th October 2006 [by Act], with an Explanatory Memorandum [by Command] [Secretary Tessa Jowell].

5Universities of Oxford and Cambridge,—Statute, dated 17th March 2006, made by the Governing Body of Churchill College in the University of Cambridge, amending the Statutes of the College [by Act] [Ms Harriet Harman].

Other Papers:

6Culture, Media and Sport,—Government Response to the Third Report from the Culture, Media and Sport Committee, Session 2005–06, on Protecting and Preserving our Heritage [by Command] [Cm. 6947] [Secretary Tessa Jowell].

7Public Petitions,—Observations by the Secretary of State for Health on the Petition [21st June] from Mr D Scott and others for a moratorium on the prescription of Seroxat [by Standing Order]; to be printed [Clerk of the House].

APPENDIX II

Standing Committees

1Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2006 (S.I., 2006. No. 2383),—The Speaker has appointed Mr David Wilshire Chairman of the First Standing Committee on Delegated Legislation in respect of the Order.

2Draft Rates (Amendment) (Northern Ireland) Order 2006,—The Speaker has appointed Mr Christopher Chope Chairman of the Second Standing Committee on Delegated Legislation in respect of the draft Order.

3Code of Practice on Consent (Code 1) and the Human Tissue Act 2004 (Ethical Approval, Exemptions from Licensing and Supply of Information about Transplants) Regulations 2006 (S.I., 2006, No. 1260):

(1) The Speaker has appointed Miss Anne Begg Chairman of the Third Standing Committee on Delegated Legislation in respect of the Code and Regulations; and

(2) The Committee of Selection has discharged Dr Andrew Murrison from the Third Standing Committee on Delegated Legislation (nominated in respect of the Code and Regulations) and nominated in substitution Mr Stephen O’Brien.

4Strategic Health Authorities (Establishment and Abolition) (England) Order 2006 (S.I., 2006, No. 1408),—The Speaker has appointed John Bercow Chairman of the Fourth Standing Committee on Delegated Legislation in respect of the Order.

European Standing Committees

5The Speaker has appointed Sir John Butterfill Chairman of the European Standing Committee in respect of European Union Document No. 10014/06 on Voluntary Reduction (“Modulation”) of Direct Farm Support Payments.

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APPENDIX III

Reports from Select Committees

1Crossrail Bill,—Minutes of Evidence taken before the Select Committee on the Crossrail Bill to be printed [No. 837-lxii] [Mr Alan Meale].

2Health,—Minutes of Evidence taken before the Health Committee [NHS Deficits]; to be printed [No. 1204-iii] [Mr Kevin Barron].

3International Development,—Minutes of Evidence taken before the International Development Committee [The Autumn Meetings of the World Bank and the IMF], together with Memoranda laid before the Committee; to be printed [No. 1622-i] [Malcolm Bruce].


[No. 196; WH, No. 129]

Thursday 19th October 2006.

The House sitting in Westminster Hall

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

Adjournment (Twenty-eighth annual House of Commons Commission report),—Resolved, That the sitting be now adjourned.—(Liz Blackman.)

And accordingly the sitting was adjourned till Tuesday 24th October.

[Adjourned at 3.48 p.m.


[No. 197.]

Friday 20th October 2006.

The House met at half-past Nine o’clock.

1The Speaker’s Absence,—The House being met, and the Speaker having leave of absence pursuant to paragraph (3) of Standing Order No. 3 (Deputy Speaker), Sir Alan Haselhurst, the Chairman of Ways and Means, proceeded to the Table.

PRAYERS.

2The Chairman of Ways and Means took the Chair as Deputy Speaker, pursuant to the Standing Order.

3Local Government and Planning (Parkland and Windfall Development) Bill,—The Order of the day being read, for the Second Reading of the Local Government and Planning (Parkland and Windfall Development) Bill;

A Motion was made, and the Question, That the Bill be now read a second time, was put and negatived.

4Breastfeeding Etc. Bill,—The Order of the day being read, for the Second Reading of the Breastfeeding Etc. Bill;

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

And it being half-past Two o’clock, the Debate stood adjourned.

Ordered, That the Debate be resumed on Monday 23rd October.

5St. George’s Day Bill,—The Order of the day being read, for the Second Reading of the St. George’s Day Bill;

Ordered, That the Bill be read a second time on Friday 27th October.

6Criminal Law (Amendment) (Protection of Property) Bill,—The Order of the day being read, for resuming the adjourned Debate on the Question proposed on 2nd December, That the Criminal Law (Amendment) (Protection of Property) Bill be now read a second time;

Ordered, That the Debate be resumed on Friday 27th October.

7Protection of Private Gardens (Housing Development) Bill,—The Order of the day being read, for the Second Reading of the Protection of Private Gardens (Housing Development) Bill;

Ordered, That the Bill be read a second time on Friday 27th October.

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8Lighter Evenings (Experiment) Bill [Lords],—The Order of the day being read, for the Second Reading of the Lighter Evenings (Experiment) Bill [Lords];

Ordered, That the Bill be read a second time on Monday 23rd October.

9Breast Cancer Bill,—The Order of the day being read, for resuming the adjourned Debate on the Question proposed on 20th January, That the Breast Cancer Bill be now read a second time;

Ordered, That the Debate be resumed on Friday 27th October.

10Humber Bridge Bill,—The Order of the day being read, for the Second Reading of the Humber Bridge Bill;

Ordered, That the Bill be read a second time on Friday 17th November.

11Dynamic Demand Appliances Bill [Lords],—The Order of the day being read, for the Second Reading of the Dynamic Demand Appliances Bill [Lords];

Ordered, That the Bill be read a second time on Friday 27th October.

12Constitutional Reform (Prerogative Powers and Civil Service Etc.) Bill [Lords],—The Order of the day being read, for the Second Reading of the Constitutional Reform (Prerogative Powers and Civil Service Etc.) Bill [Lords];

Ordered, That the Bill be read a second time on Friday 27th October.

13Crown Employment (Nationality) Bill,—The Order of the day being read, for the Second Reading of the Crown Employment (Nationality) Bill;

Ordered, That the Bill be read a second time on Friday 27th October.

14Pharmaceutical Labelling (Warning of Cognitive Function Impairment) Bill,—The Order of the day being read, for the Second Reading of the Pharmaceutical Labelling (Warning of Cognitive Function Impairment) Bill;

Ordered, That the Bill be read a second time on Friday 27th October.

15Adjournment,—Resolved, That this House do now adjourn—(Steve McCabe);

And accordingly, the House having continued to sit until three minutes past Three o’clock, adjourned till Monday 23rd October.

[Adjourned at 3.03 p.m.


APPENDIX

Papers presented or laid upon the Table:

Paper subject to Negative Resolution:

1Health and Safety,—Control of Asbestos Regulations 2006 (S.I., 2006, No. 2739), dated 12th October 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hutton].

Other Papers:

2Science and Technology,—Government Reply to the Sixth Report from the Science and Technology Committee, Session 2005–06, on Identity Card Technologies: Scientific Advice, Risk and Evidence [by Command] [Cm. 6942] [Secretary John Reid].

3Transport,—Department for Transport Minute, dated 20th October 2006, concerning a contingent liability in respect of air travel trust fund guarantees [by Command] [Mr Secretary Alexander].



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