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6.15 pm

Mr. Marshall-Andrews: I will be very brief-briefer than I would otherwise be-one reason being that like many Members of the House, I would like to hear the views of the right hon. and learned Member for Folkestone and Hythe (Mr. Howard), if, indeed, Mr. Deputy Speaker, you were minded to call him at any stage. In that hope, I will be as brief as I can be.

I am grateful to be able to make a contribution in order to deal with what is a grotesquely overstated problem on the part of the Government. My good and right hon. Friend the Secretary of State has always been a master at creating theoretical, if not to say theological, problems with which he is able to torment Labour Back Benchers-he has had a good go at my hon. Friend the Member for Hendon (Mr. Dismore)-and at trying to get them to sort out such problems. The plain fact is that by the Secretary of State's own admission, the problem that this draconian measure seeks to remedy either does not exist or is so infinitesimally small that it would be a grotesque misuse of the House's power to hand the Executive such a very large extension of their powers.

May I explain why? Juries know all about covert, intercept, intelligence-based evidence. Let us take for the moment the example of juries in criminal trials. If a jury sits down and hears that a massive police operation nipped a huge bank robbery in the bud, they know perfectly well that covert information and intelligence was behind it, unless they are barking mad and come to the conclusion that the entire flying squad happened to be assembled at that particular point. Of course, if that arrangement is successful, there is no problem. The problem does not arise, and we do not have to worry about public interest immunity in a criminal court if there is a successful operation and people are caught red-handed.

It is exactly the same with a coroner's inquest. If somebody has been shot by agents of the state because they were believed to be a terrorist, there is no problem if it turns out that the person is a terrorist who was carrying bombs or was in the process of plotting. Such problems do not exist. Coroners will not be asked to investigate that kind of evidence. The problem happens when something goes terribly and demonstrably wrong, which is why it is so rare.

However, when something goes that wrong, and when something goes as wrong as it did the Jean Charles de Menezes case, there must be a public inquiry. Having a private, secret inquiry in those circumstances would be
9 Nov 2009 : Column 70
a devastating indictment of our system and of the use of Executive power. Despite the engaging way in which my right hon. Friend the Secretary of State talks about judicial oversight and superior judges-as I said in an intervention, it is always nice to hear him adulating superior judges on the occasion that he wishes to enlist their assistance in taking over jury trial-the measure is no counterweight or counterbalance to a jury sitting in an open inquiry, listening to how something has gone terribly and demonstrably wrong at the behest of the Executive.

My right hon. Friend says that the power will be exercised only rarely, but we have heard that before on many occasions-I am going to stop in a moment to give the right hon. and learned Member for Folkestone and Hythe a decent rein-such as when the House debated giving up jury trial in tampering cases. It was said in this House and in the other place that it would only happen in the rarest of cases, and only when the defence had been heard in full on the basis of all the evidence. That has simply not happened. There are two cases now in which the defence has simply not been informed of the reason why jury trial has been denied.

My right hon. Friend the Secretary of State may believe that it will happen rarely or will never be used, but the power that we would be giving to the Executive should never be given by this House, unless we were told in the clearest possible terms that to do so was a grave and immediate necessity. No one has made that case today, and in those circumstances I will take great pleasure in supporting the ingenious amendment tabled by my hon. Friend the Member for Hendon (Mr. Dismore). I could not get it past the Vote Office, but it is a brilliant idea.

Mr. Howard: I must first correct the Secretary of State. He said that I was a member of the Chilcot committee, but I was not a member of the original committee. The Conservative representative on that committee was Lord Hurd of Westwell, and I took his place when the committee changed its responsibility and began to supervise the work of the officials in the Home Office who have sought a way to meet the nine tests set out by the original committee. Although we have not yet achieved the objective of finding a scheme that meets those tests, those officials have been carrying out their work thoroughly and conscientiously in their attempt to meet that objective.

I decided that I should contribute to this debate because of my membership of the committee and I am therefore primarily concerned with the question of the admissibility of intercept evidence. Until the contribution by the hon. Member for Cambridge (David Howarth), it looked as if I need not trouble the House with my contribution, because-in sharp contrast to what happened in the other place-there seemed to be a splendid degree of consensus this evening on this subject. Indeed, until this happy consensus descended on the House, I thought at one point that I would be in the very unfamiliar position of voting with the Government against my own party. Happily, that will not be necessary.

It is worth setting out the history of the matter, partly to excuse the fact that my contribution lacks all novelty. I am here to repeat the arguments that I put before the House on the Second Reading of the Counter-Terrorism Bill on 10 June 2008 and the Second Reading of this Bill on 23 March this year. After I made my intervention on
9 Nov 2009 : Column 71
the former, the provisions that would have made intercept evidence admissible at coroners' inquests were removed from the Bill. I do not lay claim to a causal connection between my intervention and the removal of the provisions: I merely set out the facts. I was therefore somewhat surprised when this Bill appeared and those provisions reappeared. Once again, I voiced my opposition on Second Reading, and once again-this time at Committee stage in the other place-the Government removed them from the Bill, and I was happy to see that. It is noteworthy that on that occasion they were removed from the Bill without a Division.

It therefore came as an even greater surprise that, on Report in the other place, those amendments designed to provide for the admissibility of intercept evidence were put back into the Bill, this time against the wishes of the Government but at the behest of both the principal Opposition parties in the other place. I am especially grateful to my hon. and learned Friend the Member for Beaconsfield (Mr. Grieve) for accepting the Government's view that to put those provisions in this Bill would have damaging and profound consequences for our intercept regime, which makes it unnecessary for me to take the very unfamiliar position of supporting the Government in the Lobby this evening.

It is important that the House understands that I do not take this position because I object in principle to the admissibility of intercept evidence. On the contrary, I have made it clear on numerous occasions, both in the House and outside, that I would very much like to see provision made for intercept material to be admitted in evidence, especially in cases of those accused of terrorism and other serious criminal offences. But things are not as simple as that. They are certainly not as simple as was suggested by the hon. Member for Cambridge.

The work that has been carried out by the officials in the Home Office, and which has been supervised by the Chilcot committee in its present form, has been exhaustive, and it continues. The nine tests that were set out by the original Chilcot committee were necessary if we were to protect a capability of the greatest importance in keeping the people of our country safe. It is one of the frustrating things about the argument that one cannot go very far into the details of justifying the need for those tests without getting perilously close to putting the capability at risk. I am sure that the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith), who sits on the committee with me, would agree, although I must point out that I do not speak for the committee. It would be foolhardy to retain in the Bill the provisions that were inserted on Report in the other place. They do not meet the tests of the original Chilcot committee and, if they were to remain in the Bill, they would be a risk to this country's strategic intelligence capability that no responsible Government should take.

Sir Alan Beith: I hope that the right hon. and learned Gentleman would agree that neither of us wishes to exclude the possibility of finding a way to bring such evidence to bear in cases in which the object is to establish a cause of death. What we have at the moment does not achieve that.

Mr. Howard: I agree, and as the right hon. Gentleman will know, we have today been invited by the Home Secretary to extend the remit of the advisory committee
9 Nov 2009 : Column 72
to look at the possibility of admitting intercept evidence in coroners' inquests. I cannot speak for the right hon. Gentleman, but I would happily agree to the remit of the committee being widened in that way.

I have listened with great care and interest to the arguments on the amendment tabled by the hon. Member for Hendon (Mr. Dismore). The Secretary of State put a reasonable question to the hon. Gentleman, which he was not entirely capable of answering, but on balance I shall support the hon. Gentleman and my hon. Friends in the Lobby, if only because it will provide another week for the Secretary of State to take the opportunity to answer the question that he posed to the hon. Gentleman and to come forward with a satisfactory regime that would deal with some of the mischiefs that were identified so eloquently by many of the contributors to this debate, not least the hon. and learned Member for Medway (Mr. Marshall-Andrews).

Mr. Straw: With the leave of the House, I wish to reply to the debate.

I thank the right hon. and learned Member for Folkestone and Hythe (Mr. Howard) for his remarks. I wondered how he would conclude, because I understand his discomfort in abstaining or not supporting those on his Front Bench. He went in for some wonderful casuistry to move from the position that he had adopted to the position that he now supports.

I say to my hon. Friend the Member for Hendon (Mr. Dismore) and others who spoke that I am glad that there is a profound difference between the view of this House and that of the other place. The view from all parts of this House-my hon. Friend added his name to my amendment to delete the additional provisions put forward by Baroness Miller in the other place-is that everybody accepts that there have to be circumstances where intercept evidence is kept from a jury hearing an inquest, so that at least is progress.

Then we hear suggestions that there are ways round that. My hon. Friend the Member for Hendon and my hon. and learned Friend the Member for Medway (Mr. Marshall-Andrews) say, "Well, we can do it through the existing measures." We have been through that. There are some cases-I assure my hon. Friend that they are indeed few and far between-where having a jury trial will result in an injustice, because there will be key evidence that cannot go before the jury as a finder of fact. With respect, where he is wrong is in suggesting that an inquiry headed by a senior judge would not be article 2 compliant. What would not be article 2 compliant in those circumstances would be the inquest jury, which would not be able to conduct a proper examination.

6.30 pm

There is another important point that I would make to the House, as the Opposition, as well as my hon. Friends, need to apply themselves to that which they seek to vote on in a moment, although I would advise my hon. Friends not to do so. My hon. Friend the Member for Hendon proposes that we delete paragraphs 3 and 8 of schedule 1. Paragraph 3 allows for a suspension of an inquest where there is an inquiry appointed under the Inquiries Act 2005 and where a judge has been appointed to hear that inquiry. I have already made it clear that in practice-I am happy to put this on the record again, and everybody who knows the practice
9 Nov 2009 : Column 73
knows this to be true-there could be no such appointment without the consent of the Lord Chief Justice, and his consent would be forthcoming only where he was satisfied about the circumstances and the discretion available to the learned judge. Those undertakings are absolutely clear.

I should also make it clear that if we were to pass the proposed amendments, that would not result in there being no inquiry under the Inquiries Act 2005. Rather, it would simply result in an inquest, which could not hear the evidence, running in parallel with an investigation that could hear the evidence. I suggest that that is the worst of all possible worlds- [ Interruption . ] I am being told to keep speaking. I am always happy to keep speaking. Although I appreciate his motives, I would ask my hon. Friend to appreciate what exactly he is proposing. He would end up with a muddle, where there would still be a requirement-

6.33 pm

One and a half hours having elapsed since the commencement of proceedings on consideration of Lords amendments, the debate was interrupted (Programme Order, this day).

The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83F), That this House disagrees with Lords amendment 1.

Question agreed to.

Lords amendment 1 accordingly disagreed to.

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

Lords amendment 2 disagreed to.

Lords amendment 216 disagreed to.

Mr. Dismore: With the leave of the House, I would like to move amendment (a) in lieu.

Mr. Deputy Speaker (Sir Alan Haselhurst): I have to inform the House that it is not possible under the terms of the programme order for the hon. Gentleman's amendment to be put to the House. That is quite clearly laid down in the programme order and is backed by the appropriate Standing Order, so we have to move on.

Mr. Grieve: On a point of order, Mr. Deputy Speaker. I have to express some amazement that this has happened. If that is indeed the case, it is contrary to my earlier understanding that it would be possible to vote on amendment (a) in lieu. Indeed, the whole reason for that, as you will have appreciated from the tenor of the House, was that we should be able to vote on that precise amendment.

Mr. Deputy Speaker: I was all too aware that that was the consequence, but once the Justice Secretary spoke until 6.33 pm, that left the Chair with no option on this matter.

Mr. Straw: Further to that point of order, Mr. Deputy Speaker. I had no intention of doing that. I think that there ought to be a vote on amendment (a) in lieu, and if it requires me to move it, I will move it.


9 Nov 2009 : Column 74

Mr. Deputy Speaker: The right hon. Gentleman anticipates me. The only way in which amendment (a) in lieu can be put to the vote is if he is prepared to move it.

Mr. Straw: Provided that the House understands that I shall vote against it.

Amendment (a) proposed in lieu of Lords amendments 1, 2 and 216.-( Mr. Straw .)

Question put, That the amendment be made.


The House divided: Ayes 266, Noes 274.
Division No. 241]
[6.35 pm



AYES


Abbott, Ms Diane
Afriyie, Adam
Ainsworth, Mr. Peter
Allen, Mr. Graham
Amess, Mr. David
Ancram, rh Mr. Michael
Arbuthnot, rh Mr. James
Atkinson, Mr. Peter
Austin, John
Baker, Norman
Baldry, Tony
Barrett, John
Beith, rh Sir Alan
Bellingham, Mr. Henry
Benyon, Mr. Richard
Beresford, Sir Paul
Blunt, Mr. Crispin
Bone, Mr. Peter
Boswell, Mr. Tim
Bottomley, Peter
Brady, Mr. Graham
Brake, Tom
Brazier, Mr. Julian
Breed, Mr. Colin
Brokenshire, James
Brooke, Annette
Browne, Mr. Jeremy
Browning, Angela
Bruce, rh Malcolm
Buck, Ms Karen
Burgon, Colin
Burns, Mr. Simon
Burrowes, Mr. David
Burstow, Mr. Paul
Burt, Alistair
Burt, Lorely
Butterfill, Sir John
Cable, Dr. Vincent
Cameron, rh Mr. David
Campbell, rh Sir Menzies
Carmichael, Mr. Alistair
Carswell, Mr. Douglas
Cash, Mr. William
Caton, Mr. Martin
Challen, Colin
Chope, Mr. Christopher
Clappison, Mr. James
Clark, Greg
Clark, Ms Katy
Clarke, rh Mr. Kenneth
Clifton-Brown, Mr. Geoffrey
Conway, Derek
Corbyn, Jeremy
Cormack, Sir Patrick
Cox, Mr. Geoffrey
Crabb, Mr. Stephen
Curry, rh Mr. David
Davey, Mr. Edward
Davies, Mr. Dai
Davies, David T.C. (Monmouth)
Davies, Philip
Davis, rh David
Dismore, Mr. Andrew
Djanogly, Mr. Jonathan
Dobson, rh Frank
Drew, Mr. David
Duddridge, James
Duncan, Alan
Durkan, Mark
Ellwood, Mr. Tobias
Evans, Mr. Nigel
Evennett, Mr. David
Fabricant, Michael
Fallon, Mr. Michael
Farrelly, Paul
Farron, Tim
Featherstone, Lynne
Field, rh Mr. Frank
Field, Mr. Mark
Fisher, Mark
Foster, Mr. Don
Fox, Dr. Liam
Fraser, Christopher
Garnier, Mr. Edward
Gauke, Mr. David
George, Andrew
Gerrard, Mr. Neil
Gibb, Mr. Nick
Gidley, Sandra
Gillan, Mrs. Cheryl
Goldsworthy, Julia
Goodman, Mr. Paul
Gove, Michael
Gray, Mr. James
Grayling, Chris
Green, Damian
Greening, Justine
Greenway, Mr. John
Grieve, Mr. Dominic
Grogan, Mr. John
Hague, rh Mr. William
Hammond, Mr. Philip
Hammond, Stephen
Hancock, Mr. Mike
Hands, Mr. Greg
Harper, Mr. Mark
Harris, Dr. Evan
Harvey, Nick
Havard, Mr. Dai

Hayes, Mr. John
Heald, Mr. Oliver
Heath, Mr. David
Heathcoat-Amory, rh Mr. David
Hemming, John
Hendry, Charles
Hoban, Mr. Mark
Hoey, Kate
Hogg, rh Mr. Douglas
Hollobone, Mr. Philip
Holloway, Mr. Adam
Holmes, Paul
Hopkins, Kelvin
Horam, Mr. John
Horwood, Martin
Howard, rh Mr. Michael
Howarth, David
Howarth, Mr. Gerald
Howell, John
Hughes, Simon
Huhne, Chris
Hunt, Mr. Jeremy
Hunter, Mark
Hurd, Mr. Nick
Jack, rh Mr. Michael
Jackson, Glenda
Jackson, Mr. Stewart
Jenkin, Mr. Bernard
Jones, Mr. David
Jones, Lynne
Kawczynski, Daniel
Keetch, Mr. Paul
Kennedy, rh Mr. Charles
Key, Robert
Knight, rh Mr. Greg
Laing, Mrs. Eleanor
Lait, Mrs. Jacqui
Lamb, Norman
Lansley, Mr. Andrew
Laws, Mr. David
Leech, Mr. John
Leigh, Mr. Edward
Letwin, rh Mr. Oliver
Lewis, Dr. Julian
Liddell-Grainger, Mr. Ian
Lidington, Mr. David
Lilley, rh Mr. Peter
Llwyd, Mr. Elfyn
Loughton, Tim
Mackay, rh Mr. Andrew
Mackinlay, Andrew
Maclean, rh David
Mactaggart, Fiona
Main, Anne
Malins, Mr. Humfrey
Maples, Mr. John
Marshall-Andrews, Mr. Robert
Mason, John
May, rh Mrs. Theresa
McCrea, Dr. William
McDonnell, John
McIntosh, Miss Anne
McLoughlin, rh Mr. Patrick
Mercer, Patrick
Miller, Mrs. Maria
Milton, Anne
Mitchell, Mr. Andrew
Moss, Mr. Malcolm
Mulholland, Greg
Mullin, Mr. Chris
Neill, Robert
Newmark, Mr. Brooks
Osborne, Mr. George
Ottaway, Richard
Pelling, Mr. Andrew
Penning, Mike
Penrose, John
Pickles, Mr. Eric
Prentice, Mr. Gordon
Price, Adam
Prisk, Mr. Mark
Pritchard, Mark
Pugh, Dr. John
Randall, Mr. John
Redwood, rh Mr. John
Reid, Mr. Alan
Rennie, Willie
Rifkind, rh Sir Malcolm
Robathan, Mr. Andrew
Robertson, Angus
Robertson, Hugh
Robertson, Mr. Laurence
Rogerson, Dan
Rosindell, Andrew
Rowen, Paul
Ruffley, Mr. David
Russell, Bob
Sanders, Mr. Adrian
Scott, Mr. Lee
Selous, Andrew
Shapps, Grant
Shepherd, Mr. Richard
Short, rh Clare
Simmonds, Mark
Simpson, Alan
Simpson, Mr. Keith
Smith, Chloe
Smith, Sir Robert
Soames, Mr. Nicholas
Spelman, Mrs. Caroline
Spicer, Sir Michael
Stanley, rh Sir John
Steen, Mr. Anthony
Streeter, Mr. Gary
Stuart, Mr. Graham
Stunell, Andrew
Swayne, Mr. Desmond
Swinson, Jo
Swire, Mr. Hugo
Syms, Mr. Robert
Taylor, Mr. Ian
Taylor, Dr. Richard
Teather, Sarah
Thurso, John
Timpson, Mr. Edward
Tredinnick, David
Truswell, Mr. Paul
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
Wareing, Mr. Robert N.
Waterson, Mr. Nigel
Watkinson, Angela
Webb, Steve
Whittingdale, Mr. John
Widdecombe, rh Miss Ann
Wiggin, Bill

Willetts, Mr. David
Williams, Hywel
Williams, Mark
Williams, Mr. Roger
Williams, Stephen
Willis, Mr. Phil
Willott, Jenny
Wilshire, Mr. David
Wilson, Mr. Rob
Winterton, Ann
Winterton, Sir Nicholas
Wishart, Pete
Wright, Jeremy
Yeo, Mr. Tim
Young, rh Sir George
Tellers for the Ayes:

Mr. John Baron and
Mr. Philip Dunne
NOES


Ainger, Nick
Ainsworth, rh Mr. Bob
Alexander, rh Mr. Douglas
Anderson, Mr. David
Anderson, Janet
Armstrong, rh Hilary
Atkins, Charlotte
Austin, Mr. Ian
Baird, Vera
Balls, rh Ed
Banks, Gordon
Barlow, Ms Celia
Barron, rh Mr. Kevin
Battle, rh John
Bayley, Hugh
Beckett, rh Margaret
Begg, Miss Anne
Bell, Sir Stuart
Benn, rh Hilary
Benton, Mr. Joe
Berry, Roger
Betts, Mr. Clive
Blackman, Liz
Blackman-Woods, Dr. Roberta
Blears, rh Hazel
Blizzard, Mr. Bob
Borrow, Mr. David S.
Bradshaw, rh Mr. Ben
Brennan, Kevin
Brown, Lyn
Brown, rh Mr. Nicholas
Brown, Mr. Russell
Bryant, Chris
Burden, Richard
Burnham, rh Andy
Butler, Ms Dawn
Caborn, rh Mr. Richard
Cairns, David
Campbell, Mr. Alan
Campbell, Mr. Ronnie
Cawsey, Mr. Ian
Chapman, Ben
Chaytor, Mr. David
Clapham, Mr. Michael
Clark, Paul
Clarke, rh Mr. Charles
Clarke, rh Mr. Tom
Clelland, Mr. David
Clwyd, rh Ann
Coaker, Mr. Vernon
Coffey, Ann
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
Curtis-Thomas, Mrs. Claire
Darling, rh Mr. Alistair
David, Mr. Wayne
Davies, Mr. Quentin
Dean, Mrs. Janet
Denham, rh Mr. John
Dhanda, Mr. Parmjit
Dobbin, Jim
Donohoe, Mr. Brian H.
Doran, Mr. Frank
Eagle, Angela
Eagle, Maria
Efford, Clive
Ellman, Mrs. Louise
Engel, Natascha
Ennis, Jeff
Etherington, Bill
Fitzpatrick, Jim
Flello, Mr. Robert
Flint, rh Caroline
Flynn, Paul
Follett, Barbara
Foster, Mr. Michael (Worcester)
Foster, Michael Jabez (Hastings and Rye)
Francis, Dr. Hywel
Gapes, Mike
Gardiner, Barry
George, rh Mr. Bruce
Gilroy, Linda
Godsiff, Mr. Roger
Goggins, rh Paul
Goodman, Helen
Griffith, Nia
Griffiths, Nigel
Gwynne, Andrew
Hain, rh Mr. Peter
Hall, Mr. Mike
Hall, Patrick
Hamilton, Mr. David
Hanson, rh Mr. David
Harman, rh Ms Harriet
Healey, rh John
Henderson, Mr. Doug
Hendrick, Mr. Mark
Hepburn, Mr. Stephen
Heppell, Mr. John
Hesford, Stephen
Heyes, David
Hill, rh Keith
Hodge, rh Margaret
Hood, Mr. Jim
Hoon, rh Mr. Geoffrey
Hope, Phil
Howarth, rh Mr. George
Howells, rh Dr. Kim
Hoyle, Mr. Lindsay

Humble, Mrs. Joan
Hutton, rh Mr. John
Iddon, Dr. Brian
Illsley, Mr. Eric
Irranca-Davies, Huw
James, Mrs. Siân C.
Jenkins, Mr. Brian
Johnson, rh Alan
Johnson, Ms Diana R.
Jones, Helen
Jones, Mr. Kevan
Jowell, rh Tessa
Joyce, Mr. Eric
Kaufman, rh Sir Gerald
Keeble, Ms Sally
Keeley, Barbara
Keen, Ann
Kelly, rh Ruth
Kemp, Mr. Fraser
Khan, rh Mr. Sadiq
Kidney, Mr. David
Kilfoyle, Mr. Peter
Knight, rh Jim
Kumar, Dr. Ashok
Ladyman, Dr. Stephen
Lammy, rh Mr. David
Laxton, Mr. Bob
Lepper, David
Levitt, Tom
Lewis, Mr. Ivan
Linton, Martin
Lloyd, Tony
Love, Mr. Andrew
Lucas, Ian
MacShane, rh Mr. Denis
Mahmood, Mr. Khalid
Malik, Mr. Shahid
Mallaber, Judy
Mann, John
Marris, Rob
Marsden, Mr. Gordon
McAvoy, rh Mr. Thomas
McCabe, Steve
McCarthy, Kerry
McCarthy-Fry, Sarah
McDonagh, Siobhain
McFadden, rh Mr. Pat
McFall, rh John
McGuire, rh Mrs. Anne
McKechin, Ann
McKenna, Rosemary
McNulty, rh Mr. Tony
Meale, Mr. Alan
Merron, Gillian
Michael, rh Alun
Miliband, rh Edward
Miller, Andrew
Mitchell, Mr. Austin
Moffatt, Laura
Mole, Chris
Moon, Mrs. Madeleine
Morden, Jessica
Morgan, Julie
Morley, rh Mr. Elliot
Mudie, Mr. George
Munn, Meg
Murphy, Mr. Denis
Murphy, rh Mr. Jim
Murphy, rh Mr. Paul
Naysmith, Dr. Doug
Norris, Dan
O'Hara, Mr. Edward
Olner, Mr. Bill
Osborne, Sandra
Owen, Albert
Palmer, Dr. Nick
Pearson, Ian
Plaskitt, Mr. James
Pope, Mr. Greg
Pound, Stephen
Prentice, Bridget
Prescott, rh Mr. John
Primarolo, rh Dawn
Prosser, Gwyn
Purchase, Mr. Ken
Purnell, rh James
Rammell, Bill
Raynsford, rh Mr. Nick
Reed, Mr. Andy
Reed, Mr. Jamie
Reid, rh John
Robertson, John
Robinson, Mr. Geoffrey
Rooney, Mr. Terry
Roy, Lindsay
Ruane, Chris
Ruddock, Joan
Russell, Christine
Ryan, rh Joan
Salter, Martin
Seabeck, Alison
Sharma, Mr. Virendra
Shaw, Jonathan
Sheerman, Mr. Barry
Sheridan, Jim
Simon, Mr. Siôn
Singh, Mr. Marsha
Skinner, Mr. Dennis
Slaughter, Mr. Andy
Smith, rh Mr. Andrew
Smith, Ms Angela C. (Sheffield, Hillsborough)
Smith, rh Angela E. (Basildon)
Smith, Geraldine
Smith, rh Jacqui
Snelgrove, Anne
Southworth, Helen
Spellar, rh Mr. John
Spink, Bob
Starkey, Dr. Phyllis
Stewart, Ian
Stoate, Dr. Howard
Straw, rh Mr. Jack
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Mr. Gerry
Taylor, Ms Dari
Taylor, David
Thomas, Mr. Gareth
Timms, rh Mr. Stephen
Tipping, Paddy
Todd, Mr. Mark
Touhig, rh Mr. Don
Trickett, Jon
Turner, Dr. Desmond
Turner, Mr. Neil
Twigg, Derek
Ussher, Kitty
Vaz, rh Keith
Vis, Dr. Rudi
Walley, Joan
Waltho, Lynda
Ward, Claire
Watson, Mr. Tom

Watts, Mr. Dave
Whitehead, Dr. Alan
Wicks, rh Malcolm
Williams, rh Mr. Alan
Williams, Mrs. Betty
Wills, rh Mr. Michael
Wilson, Phil
Winnick, Mr. David
Winterton, rh Ms Rosie
Woolas, Mr. Phil
Wright, David
Wright, Dr. Tony
Wyatt, Derek
Tellers for the Noes:

Mark Tami and
Mrs. Sharon Hodgson
Question accordingly negatived.
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