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24 Mar 2009 : Column 199

Does the hon. and learned Gentleman agree that if we are to solve these problems, we must make it clear, in statute and in the minds of the police, that there is no right not to be offended? We need to get rid of the idea of insult, especially unintentional insult—as in section 5 of the Public Order Act 1986—from our statute book, and also to ensure that guidance throughout makes it clear to the police that they cannot take seriously complaints of insult which is not direct abuse. Does the hon. and learned Gentleman agree with that?

Mr. Grieve: Yes. I apologise to the hon. Gentleman for the fact that, in the time allowed, I have not dealt with that point.

The question of insulting behaviour raises an important issue. I am not sure that I can do full justice to it in this short debate, but if the hon. Gentleman wishes to revisit it, I shall be happy to discuss it carefully with him. I can see that there may well be merit in getting rid of an expression that, I think, carries a number of connotations in wider legislation and that may be undesirable. There is, however, an issue that I think we cannot completely avoid. In some cases, insult, particularly if it takes place in a public arena, can reach a point at which it becomes incitement to a breach of the peace. We must guard against that possibility, but subject to that, I am sympathetic to what the hon. Gentleman has said.

For the present, we have quite a simple issue to deal with. We have a piece of legislation, passed on to the statute book last summer, that has not yet been brought into operation and that has not yet been given the chance to see whether it works. I do not see anything in Lord Waddington’s amendment to justify its deletion at present. Its support goes much wider than people with a religious viewpoint. It extends across a wide spectrum of those who have deep anxieties about the erosion of freedom of speech, including within the theatrical world, as has been shown by Rowan Atkinson.

For those reasons, although I am mindful of the mischief that we are trying to address and I want the incitement of hatred on the grounds of sexual orientation to be prohibited, I believe the amendment does nothing to prevent that from happening that and does a great deal to ensure that the legislation that we pass is balanced. For those reasons, I support the amendment.

The Parliamentary Under-Secretary of State for Justice (Bridget Prentice): The hon. and learned Member for Beaconsfield (Mr. Grieve) and the hon. Member for Oxford, West and Abingdon (Dr. Harris) are right: Stonewall’s example in the briefing is wrong about what would be caught by this part of the law.

Amendment 1 deals with freedom of speech, but it is important that we remember that we are also talking about the freedom of gay people to live their lives free from hatred and bigotry. When we debated the offence of stirring up hatred on the basis of sexual orientation last year, we had a long discussion about freedom of expression and were rightly concerned about getting the balance right.

We need to protect groups that are the target of threatening behaviour intended to stir up hatred. We must also ensure that those who have concerns about some types of sexual behaviour are free to express their
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arguments and concerns in a reasonable way. They do not need to fear that they will be caught by the criminal law. Last year, we had a very lively debate and the Government took the view that no additional provision was needed to ensure freedom of expression. The offence that we are talking about has a very high threshold and a number of safeguards are built into the system to ensure that the offence cannot be used in any way that disrupts the balance between those two concerns.

The Joint Committee on Human Rights, in its report published last week, reaffirmed its view that we have the balance right, as did the Equality and Human Rights Commission at about the same time. Last May, this House agreed, by a very large majority, that we had got the balance right. However, as the hon. Member for Oxford—the hon. Member for Cambridge (David Howarth) rather; I must get my university towns in the right order—pointed out, the other place inserted a measure for the avoidance of doubt. We all agreed with the principle that the offence should not be misused. As I say, those safeguards have already been built into the offence. The additional provision was and still is unnecessary. It serves only to make the offence less clear; it muddies the waters. This House rejected the amendment and I ask it to do so again today.

In last year’s debates, the Under-Secretary of State for Justice, my hon. Friend the Member for Liverpool, Garston (Maria Eagle), said that we would return to the issue, so it should come as no surprise to any hon. Member, including those who have put their names to amendment 1, that we are now seeking to repeal the so-called freedom of speech saving provision.

John Bercow (Buckingham) (Con): Does the Minister recall the comment made by the distinguished lawyer, Lord Thomas of Gresford:

There may be doubt in Lord Waddington’s mind, but I do not think that there is doubt more widely. The measure was carried, on a pathetic turnout, by 81 votes to 57, and it is time we got rid of it.

Bridget Prentice: The hon. Gentleman, as always, puts the argument so eloquently that I simply endorse what he says.

It was again evident from the debate that there are strong and divided views about where the correct balance lies. I remind the House, however, that the offence covers only behaviour that is threatening and is intended to stir up hatred. I think all Members will agree that that type of behaviour cannot be acceptable under any circumstances. It should not be protected by freedom of speech, and any provision that implies otherwise should not be on the statute book. That is why I invite the House to reject amendment 1.

David Taylor: Does my hon. Friend agree—I assume she does, as she will have signed off the information given by the Government at the time of this debate—that if the removal of the free speech clause will not affect the threshold of the offence, logically its retention cannot affect the threshold of the offence either, and that the
24 Mar 2009 : Column 201
clause is being used not as a defence but as a signpost to help police and prosecutors deal with allegations more speedily and effectively?

Bridget Prentice: I will come on to the guidance in a moment, but let me just point out a key difference to my hon. Friend. Last May, this House voted on and rejected by a majority of 202 a Lords amendment inserting a saving into the sexual orientation offence. By contrast, in January 2006 we accepted, by only one vote, a Lords amendment inserting a freedom of speech saving into the Racial and Religious Hatred Bill. The saving for the religious hatred offence is the settled will of the House, whereas the saving for the sexual orientation offence is not the will of the House, which is what I ask Members to endorse today.

Mr. Tom Harris (Glasgow, South) (Lab): It seems to be very curious logic to say that because the House voted one way at some point in the past, that somehow binds the House today to vote in exactly the same way. Could not Members change their mind at some point?

Bridget Prentice: Of course the House can change its mind, and we will discover in the Lobby in 20 minutes or so whether the House has changed its mind, but I think that the fact that this was introduced last year for an offence that has not yet been put on the statute book is a pretty persuasive argument for believing that that was the House’s view at that time.

We had long debates about the guidance and about what guidance should be issued. There is a clear need for guidance, as there always is when any new offence is introduced. The Ministry of Justice will provide short explanatory guidance about the offence. The Crown Prosecution Service will issue guidance for prosecutors, and the Association of Chief Police Officers will revise its hate crime manual to include guidance on all incitement to hatred offences. All the guidance will be available before the offence comes into force. However, I am quite persuaded by the argument put by the hon. Member for Cambridge, and I would like to reflect on it. Therefore, although I ask him to withdraw new clause 11, I invite him to take up the opportunity of meeting the Director of Public Prosecutions to consider whether it would be appropriate to make the guidance statutory.

I fully understand the motivation behind new clause 37, but I believe that it is unnecessary. Allegations about offences, and specifically about child sex offences, are a very easy and damaging way of stirring up hatred on the grounds of sexual orientation. Such allegations are damaging and distasteful and should be challenged, but we believe that it is not necessary to mention them specifically in the offence. In many instances, allegations linking sexual orientation with child sex offences will be threatening as well as distasteful, and will be caught by the offence. However, when the circumstances mean an allegation is not threatening, it will not be caught, and we think that is right.

Mr. Gerald Howarth: I believe the Minister said in response to the Liberals that she will consult the Attorney-General on prosecuting guidelines. May I invite her to extend her consultation to those of us who feel extremely concerned about these issues, because we fear that the guidance will be as misleading as the CPS guidance to which I referred?


24 Mar 2009 : Column 202
5.30 pm

Bridget Prentice: I have invited the hon. Member for Cambridge, who moved the new clause, to discuss that with the DPP, and I think that that is the appropriate thing for him to do. I do not think that it is necessarily appropriate to extend that to the whole House, but hon. Members can make their views known to the Attorney-General and the DPP as they think fit.

Dr. Evan Harris: On new clause 37, does the Minister agree with us that whenever any linkage of homosexuality with paedophilia is intended to stir up hate it should, by definition, be considered threatening? Is she saying that even if such a linkage is made in the context of a deliberate attempt to incite hatred, rather than, for example, academic discourse, it would not be, in some circumstances, considered threatening and therefore would not be an offence? That is a matter of concern to us, so will she agree to reflect on it a little further?

Bridget Prentice: I have to reject the hon. Gentleman’s argument, because the word “threatening”, in this context, has to have its normal English meaning. We do not think that it is right to stretch that to include words or behaviour that it would not naturally cover, because it would muddy the waters. I am concerned that if we were to go down the road he suggests in new clause 37, those who make such allegations could shift their grounds to similar but equally damaging allegations—for example, saying that gay people are responsible for HIV/AIDS. Although I understand the concerns that he is trying to address, I do not think that the new clause is the way to address them. I therefore hope that he will not press it to a Division, but will join us in the Lobby to reject amendment 1.

Miss Widdecombe: I support amendment 1, but irrespective of which side of the argument one stands on today, it is regrettable, given the widespread concern about free speech in this country, that we are restricted to one hour in which to discuss the issues. If the Government had respect for the public’s worries about free speech, they would have allowed rather longer.

We have heard a great deal, especially from those on the Liberal Democrat Benches, about how arrests, persecutions and inquiries were somehow nothing to do with the law, but were all to do with a misguided application, as though some PC Plod somewhere had decided to knock on the door—

David Howarth rose—

Miss Widdecombe: I remind the hon. Gentleman of his reply to me.

In the Lancashire case, a couple were questioned by the police for an hour and 20 minutes. They had asked the local council whether they could distribute Christian literature alongside the council’s literature on civil partnerships. There was an outcry, and Lancashire police stood their ground and said it was a proper intervention. The local council also stood its ground and said that it was a proper intervention under the law—not under this Bill—that it was then invoking. It was only when the couple sued—or commenced suing; there was a settlement—that the police and local council decided that they had got it wrong. When that is the attitude of
24 Mar 2009 : Column 203
senior police and authorities, who are responsible for implementing the law that this place passes, we sometimes need very simple, straightforward clarifications that almost hit them on the nose, so that they actually understand what Parliament intends.

Dr. Evan Harris: I agree with the hon. Lady and I would point out that taking the word “insulting” out of section 5 of the Public Order Act 1986, which covers causing harassment, distress and alarm through words or behaviour that are threatening, abusive or insulting, will achieve exactly what she wants. That is the change in the law that she rightly requests, because that is the provision under which the couple were wrongly pursued. It is not a surprise that the police would not give way, because the statute includes the word “insulting”. Does she agree that that is the way forward?

Miss Widdecombe: I do not agree that that is the only way forward, because that addresses one law. Today, we have to address this law. The chief constable of North Wales, who can be a little zealous sometimes—that is why I am pleased that he is now in charge of hunting—defended six police officers arresting a man who had used a rather vulgar term for a lesbian to a third party. That is the state that we live in. We do not live in a moderate state that is restrained in its application of the law.

Out there in the country, in case Ministers are completely oblivious to it, there is a swelling unease about freedom of speech. Certain sections of the community believe that they would have to overcome a higher threshold before they would be protected from the sorts of allegations that are frequently made. The religious hatred and sexual orientation laws, and myriad other laws that seek to bring equality, have an oppressive heart. The face may be liberalism, but the heart is oppression. We need amendment 1 to ensure that the Bill contains the clearest possible explanation—hammered home and spelled out—so that there can be no doubt in the mind of anyone responsible for interpreting and implementing the law that the ordinary exercise of free speech is not caught by it.

We have free speech in this House that is not commonly enjoyed by many of the people on whom we pass laws. We enjoy a protected position, but people out there—teachers in faith schools, priests in pulpits, ordinary people expressing a particular opinion—now feel afraid to speak freely. There can be no possible objection to Parliament stressing that free speech is not at risk from this Bill. That is all that amendment 1 seeks to do and I commend it to the House.

Mr. Tom Harris: I am delighted that so many colleagues have taken their places to listen to my short contribution. I am in a very unusual position. I am speaking against the Government for the first time since I became a Member in 2001 and face the prospect of voting against the Government on a three-line Whip, which I have never done before.

In a sermon in 2006, the Roman Catholic archbishop, Mario Conti, restated the Church’s long-held policy that homosexual relationships should not be given the same value as married, heterosexual relationships. As it
24 Mar 2009 : Column 204
happens, I do not agree with the archbishop. I am glad that my hon. Friend the Deputy Leader of the House of Commons is in his place. He will remember a conversation that we had a couple of years ago, in which he said, “Tom, the only remotely left-wing thing about you is that you quite like poofs.”

I have a long history of support for gay rights in this House. It is a matter of some regret that I have to speak against what the Government are trying to do tonight by removing the so-called Waddington amendment. If one speaks to almost any constituent one will realise that there is clearly public concern that a person who voices an opinion that is not considered to be politically correct could end up being questioned by police.

If they are not avidly tuned into the BBC Parliament channel right now, police officers throughout the country will take a keen interest in this debate, the outcome of which will have a major impact on their already massive work loads. If the Government get their way, officers will have every right to roll their eyes heavenward as they resign themselves to having to deal with an increased volume of correspondence from people who interpret every harsh word uttered as a broken bottle thrown.

When Archbishop Conti delivered his speech, a formal complaint was made against him by Patrick Harvie, a Green Member of the Scottish Parliament, who said that the archbishop’s restatement of Church policy was an incitement to homophobic hatred. I assume that Glasgow’s chief constable, being a sensible chap, can put that complaint into the bin, but we are making sure that police officers will have to deal with more vexatious actions simply because we are eliminating a provision that any member of the public would consider to be eminent common sense.

David Howarth: Given the Government’s generous offer, I beg to ask leave to withdraw new clause 11.

Clause, by leave, withdrawn.

5.41 pm

O ne hour having elapsed since the commencement of proceedings on consideration, the proceedings were interrupted (Programme Order, 23 March).

The Deputy Speaker put forthwith the Questio n necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).

Amendment proposed: 1, in page 34, line 5, leave out Clause 58.— (David Taylor.)

Question put, That the amendment be made.

The House proceeded to a Division.

Mr. Deputy Speaker: I ask the Serjeant at Arms to investigate the delay in the Aye Lobby.


The House having divided: Ayes 174, Noes 328.
Division No. 84]
[5.41 pm



AYES


Afriyie, Adam
Ainsworth, Mr. Peter
Amess, Mr. David
Arbuthnot, rh Mr. James
Atkinson, Mr. Peter
Bacon, Mr. Richard
Baldry, Tony
Barker, Gregory
Beith, rh Sir Alan
Bellingham, Mr. Henry
Benyon, Mr. Richard
Binley, Mr. Brian
Blunt, Mr. Crispin
Bone, Mr. Peter

Boswell, Mr. Tim
Bottomley, Peter
Brady, Mr. Graham
Brazier, Mr. Julian
Browning, Angela
Burns, Mr. Simon
Burrowes, Mr. David
Burt, Alistair
Butterfill, Sir John
Cameron, rh Mr. David
Campbell, Mr. Gregory
Carswell, Mr. Douglas
Cash, Mr. William
Clarke, rh Mr. Kenneth
Conway, Derek
Cormack, Sir Patrick
Cox, Mr. Geoffrey
Crabb, Mr. Stephen
Curry, rh Mr. David
Davies, David T.C. (Monmouth)
Davies, Philip
Davis, rh David
Djanogly, Mr. Jonathan
Dorrell, rh Mr. Stephen
Drew, Mr. David
Duddridge, James
Duncan, Alan
Duncan Smith, rh Mr. Iain
Dunne, Mr. Philip
Durkan, Mark
Ellwood, Mr. Tobias
Evans, Mr. Nigel
Fabricant, Michael
Fallon, Mr. Michael
Farron, Tim
Field, rh Mr. Frank
Field, Mr. Mark
Fox, Dr. Liam
Francois, Mr. Mark
Fraser, Christopher
Garnier, Mr. Edward
Gauke, Mr. David
Gibb, Mr. Nick
Gillan, Mrs. Cheryl
Goodman, Mr. Paul
Gray, Mr. James
Grayling, Chris
Green, Damian
Greening, Justine
Greenway, Mr. John
Grieve, Mr. Dominic
Grogan, Mr. John
Gummer, rh Mr. John
Hague, rh Mr. William
Hammond, Mr. Philip
Hammond, Stephen
Hands, Mr. Greg
Harper, Mr. Mark
Harris, Mr. Tom
Hayes, Mr. John
Heathcoat-Amory, rh Mr. David
Hendry, Charles
Herbert, Nick
Hoban, Mr. Mark
Hoey, Kate
Hogg, rh Mr. Douglas
Hollobone, Mr. Philip
Holloway, Mr. Adam
Horam, Mr. John
Howarth, Mr. Gerald
Howell, John
Jack, rh Mr. Michael
Jackson, Mr. Stewart
Jenkin, Mr. Bernard
Jones, Mr. David
Key, Robert
Kilfoyle, Mr. Peter
Kirkbride, Miss Julie
Knight, rh Mr. Greg
Laing, Mrs. Eleanor
Lait, Mrs. Jacqui
Lancaster, Mr. Mark
Lansley, Mr. Andrew
Letwin, rh Mr. Oliver
Lewis, Dr. Julian
Liddell-Grainger, Mr. Ian
Lidington, Mr. David
Lilley, rh Mr. Peter
Loughton, Tim
Luff, Peter
Mackay, rh Mr. Andrew
Maclean, rh David
Maples, Mr. John
May, rh Mrs. Theresa
McIntosh, Miss Anne
McLoughlin, rh Mr. Patrick
Mercer, Patrick
Miller, Mrs. Maria
Milton, Anne
Mitchell, Mr. Andrew
Moss, Mr. Malcolm
Mundell, David
Murrison, Dr. Andrew
Neill, Robert
Newmark, Mr. Brooks
O'Brien, Mr. Stephen
Osborne, Mr. George
Paice, Mr. James
Paterson, Mr. Owen
Penning, Mike
Penrose, John
Pickles, Mr. Eric
Pope, Mr. Greg
Prisk, Mr. Mark
Randall, Mr. John
Redwood, rh Mr. John
Rifkind, rh Sir Malcolm
Robathan, Mr. Andrew
Robertson, Hugh
Robertson, Mr. Laurence
Rosindell, Andrew
Scott, Mr. Lee
Selous, Andrew
Shapps, Grant
Shepherd, Mr. Richard
Soames, Mr. Nicholas
Spelman, Mrs. Caroline
Spicer, Sir Michael
Spink, Bob
Stanley, rh Sir John
Steen, Mr. Anthony
Streeter, Mr. Gary
Swayne, Mr. Desmond
Swire, Mr. Hugo
Syms, Mr. Robert
Tapsell, Sir Peter
Taylor, David
Taylor, Dr. Richard
Tredinnick, David
Turner, Mr. Andrew
Tyrie, Mr. Andrew
Vaizey, Mr. Edward

Vara, Mr. Shailesh
Viggers, Sir Peter
Villiers, Mrs. Theresa
Walker, Mr. Charles
Wallace, Mr. Ben
Walter, Mr. Robert
Waterson, Mr. Nigel
Watkinson, Angela
Whittingdale, Mr. John
Widdecombe, rh Miss Ann
Willetts, Mr. David
Wilshire, Mr. David
Wilson, Mr. Rob
Winterton, Ann
Winterton, Sir Nicholas
Wright, Jeremy
Wright, Dr. Tony
Young, rh Sir George
Tellers for the Ayes:

Geraldine Smith and
Bill Wiggin
NOES


Ainger, Nick
Ainsworth, rh Mr. Bob
Alexander, Danny
Alexander, rh Mr. Douglas
Allen, Mr. Graham
Anderson, Mr. David
Anderson, Janet
Armstrong, rh Hilary
Atkins, Charlotte
Austin, Mr. Ian
Bailey, Mr. Adrian
Baird, Vera
Baker, Norman
Banks, Gordon
Barlow, Ms Celia
Barrett, John
Barron, rh Mr. Kevin
Battle, rh John
Beckett, rh Margaret
Begg, Miss Anne
Bell, Sir Stuart
Benn, rh Hilary
Bercow, John
Berry, Roger
Betts, Mr. Clive
Blackman, Liz
Blackman-Woods, Dr. Roberta
Blears, rh Hazel
Blunkett, rh Mr. David
Borrow, Mr. David S.
Bradshaw, Mr. Ben
Brake, Tom
Brennan, Kevin
Brooke, Annette
Brown, Lyn
Brown, rh Mr. Nicholas
Brown, Mr. Russell
Browne, Mr. Jeremy
Bryant, Chris
Buck, Ms Karen
Burgon, Colin
Burnham, rh Andy
Burstow, Mr. Paul
Burt, Lorely
Butler, Ms Dawn
Byers, rh Mr. Stephen
Byrne, rh Mr. Liam
Cable, Dr. Vincent
Caborn, rh Mr. Richard
Cairns, David
Campbell, Mr. Alan
Campbell, Mr. Ronnie
Caton, Mr. Martin
Cawsey, Mr. Ian
Challen, Colin
Chaytor, Mr. David
Clark, Ms Katy
Clark, Paul
Clarke, rh Mr. Charles
Clarke, rh Mr. Tom
Clegg, rh Mr. Nick
Clelland, Mr. David
Coffey, Ann
Cohen, Harry
Connarty, Michael
Cooper, Rosie
Cooper, rh Yvette
Cousins, Jim
Crausby, Mr. David
Creagh, Mary
Cruddas, Jon
Cryer, Mrs. Ann
Cummings, John
Cunningham, Mr. Jim
Cunningham, Tony
Davey, Mr. Edward
David, Mr. Wayne
Davidson, Mr. Ian
Davies, Mr. Quentin
Dean, Mrs. Janet
Devine, Mr. Jim
Dismore, Mr. Andrew
Dobson, rh Frank
Donohoe, Mr. Brian H.
Doran, Mr. Frank
Dowd, Jim
Eagle, Angela
Ellman, Mrs. Louise
Engel, Natascha
Ennis, Jeff
Featherstone, Lynne
Fisher, Mark
Fitzpatrick, Jim
Flello, Mr. Robert
Flint, rh Caroline
Follett, Barbara
Foster, Mr. Don
Foster, Mr. Michael (Worcester)
Foster, Michael Jabez (Hastings and Rye)
Francis, Dr. Hywel
Gapes, Mike
Gardiner, Barry
George, Andrew
George, rh Mr. Bruce
Gerrard, Mr. Neil
Gibson, Dr. Ian
Gidley, Sandra
Gilroy, Linda
Godsiff, Mr. Roger
Goldsworthy, Julia
Griffith, Nia
Griffiths, Nigel
Gwynne, Andrew
Hain, rh Mr. Peter

Hall, Mr. Mike
Hall, Patrick
Hamilton, Mr. David
Hamilton, Mr. Fabian
Hanson, rh Mr. David
Harman, rh Ms Harriet
Harris, Dr. Evan
Harvey, Nick
Havard, Mr. Dai
Healey, rh John
Heath, Mr. David
Hemming, John
Hepburn, Mr. Stephen
Heppell, Mr. John
Hesford, Stephen
Heyes, David
Hill, rh Keith
Hodgson, Mrs. Sharon
Holmes, Paul
Hoon, rh Mr. Geoffrey
Hope, Phil
Hopkins, Kelvin
Horwood, Martin
Howarth, David
Hughes, rh Beverley
Hughes, Simon
Huhne, Chris
Humble, Mrs. Joan
Hunter, Mark
Hutton, rh Mr. John
Iddon, Dr. Brian
Illsley, Mr. Eric
Ingram, rh Mr. Adam
Jackson, Glenda
James, Mrs. Siân C.
Jenkins, Mr. Brian
Johnson, rh Alan
Johnson, Ms Diana R.
Jones, Lynne
Jones, Mr. Martyn
Joyce, Mr. Eric
Kaufman, rh Sir Gerald
Keeble, Ms Sally
Keeley, Barbara
Keen, Alan
Keen, Ann
Keetch, Mr. Paul
Kemp, Mr. Fraser
Kennedy, rh Mr. Charles
Kennedy, rh Jane
Khan, Mr. Sadiq
Kidney, Mr. David
Knight, rh Jim
Kramer, Susan
Kumar, Dr. Ashok
Ladyman, Dr. Stephen
Lamb, Norman
Lammy, rh Mr. David
Laws, Mr. David
Laxton, Mr. Bob
Lazarowicz, Mark
Leech, Mr. John
Lepper, David
Levitt, Tom
Lewis, Mr. Ivan
Linton, Martin
Lloyd, Tony
Llwyd, Mr. Elfyn
Love, Mr. Andrew
Lucas, Ian
Mackinlay, Andrew
Mactaggart, Fiona
Malik, Mr. Shahid
Mann, John
Marris, Rob
Marsden, Mr. Gordon
Martlew, Mr. Eric
McAvoy, rh Mr. Thomas
McCabe, Steve
McCafferty, Chris
McCarthy, Kerry
McCarthy-Fry, Sarah
McCartney, rh Mr. Ian
McDonagh, Siobhain
McDonnell, John
McFadden, rh Mr. Pat
McFall, rh John
McGovern, Mr. Jim
McGuire, rh Mrs. Anne
McIsaac, Shona
McKechin, Ann
McNulty, rh Mr. Tony
Meacher, rh Mr. Michael
Merron, Gillian
Michael, rh Alun
Miliband, rh David
Miliband, rh Edward
Miller, Andrew
Mitchell, Mr. Austin
Moffat, Anne
Moffatt, Laura
Mole, Chris
Moon, Mrs. Madeleine
Moore, Mr. Michael
Morgan, Julie
Morley, rh Mr. Elliot
Mudie, Mr. George
Mullin, Mr. Chris
Munn, Meg
Murphy, Mr. Denis
Murphy, rh Mr. Paul
Naysmith, Dr. Doug
Norris, Dan
O'Brien, Mr. Mike
Oaten, Mr. Mark
Olner, Mr. Bill
Osborne, Sandra
Owen, Albert
Palmer, Dr. Nick
Pearson, Ian
Plaskitt, Mr. James
Pound, Stephen
Prentice, Bridget
Prentice, Mr. Gordon
Prescott, rh Mr. John
Price, Adam
Primarolo, rh Dawn
Prosser, Gwyn
Pugh, Dr. John
Purchase, Mr. Ken
Rammell, Bill
Raynsford, rh Mr. Nick
Reed, Mr. Jamie
Reid, Mr. Alan
Rennie, Willie
Riordan, Mrs. Linda
Robertson, John
Robinson, Mr. Geoffrey
Rogerson, Dan
Rooney, Mr. Terry
Roy, Mr. Frank
Roy, Lindsay
Ruane, Chris
Ruddock, Joan

Russell, Bob
Russell, Christine
Ryan, rh Joan
Salter, Martin
Sanders, Mr. Adrian
Sarwar, Mr. Mohammad
Sharma, Mr. Virendra
Shaw, Jonathan
Sheerman, Mr. Barry
Sheridan, Jim
Simon, Mr. Siôn
Simpson, Alan
Skinner, Mr. Dennis
Slaughter, Mr. Andy
Smith, rh Mr. Andrew
Smith, Ms Angela C. (Sheffield, Hillsborough)
Smith, Angela E. (Basildon)
Smith, John
Smith, Sir Robert
Snelgrove, Anne
Soulsby, Sir Peter
Southworth, Helen
Spellar, rh Mr. John
Stewart, Ian
Stoate, Dr. Howard
Strang, rh Dr. Gavin
Straw, rh Mr. Jack
Stringer, Graham
Stuart, Ms Gisela
Stunell, Andrew
Sutcliffe, Mr. Gerry
Swinson, Jo
Tami, Mark
Taylor, Matthew
Teather, Sarah
Thomas, Mr. Gareth
Thurso, John
Timms, rh Mr. Stephen
Todd, Mr. Mark
Touhig, rh Mr. Don
Trickett, Jon
Truswell, Mr. Paul
Turner, Mr. Neil
Twigg, Derek
Ussher, Kitty
Waltho, Lynda
Ward, Claire
Watson, Mr. Tom
Watts, Mr. Dave
Webb, Steve
Whitehead, Dr. Alan
Wicks, rh Malcolm
Williams, rh Mr. Alan
Williams, Hywel
Williams, Mark
Williams, Mr. Roger
Williams, Stephen
Willis, Mr. Phil
Willott, Jenny
Wills, rh Mr. Michael
Wilson, Phil
Winnick, Mr. David
Winterton, rh Ms Rosie
Wood, Mike
Woolas, Mr. Phil
Wright, Mr. Anthony
Wright, David
Wright, Mr. Iain
Wyatt, Derek
Younger-Ross, Richard
Tellers for the Noes:

Helen Jones and
Helen Goodman
Question accordingly negatived.
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