Commons Journal 265

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[No. 9 ]

Wednesday 17 December 2008

The house met at 11.30 am.

PRAYERS.

1 Questions to (1) the Secretary of State for International Development

(2) the Prime Minister

2 Speaker's Statement: Speaker's Committee on the search of offices on the Parliamentary Estate

3 Sir Michael Pitt's Report on Summer 2007 Floods (Secretary Hilary Benn)

4 Statutory Instruments: Motions for Approval

(1) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Christmas Bonus (Specified Sum) Order 2008, which was laid before this House on 26 November, in the previous Session of Parliament, be approved._(Chris Mole.)

Question agreed to.

(2) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Child Benefit (Rates) (Amendment) Regulations 2008, which were laid before this House on 25 November, in the previous Session of Parliament, be approved._(Chris Mole.)

Question agreed to.

(3) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009, which was laid before this House on 26 November, in the previous Session of Parliament, be approved._(Chris Mole.)

Question agreed to.

5 Consolidated Fund Bill: Second and Third Reading (Standing Order No. 56)

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

Question agreed to and Bill accordingly read a second time.

Motion made and Question put forthwith, That the Bill be now read the third time.

Question agreed to and Bill accordingly read the third time, and passed.

6 Banking Bill (Programme) (No. 3)

Ordered, That the following provisions shall apply to the Banking Bill for the purpose of supplementing the Orders of 14 October 2008 and 26 November 2008 (Banking Bill (Programme) and Banking Bill (Programme) (No. 2)):

Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion one hour after the commencement of proceedings on the Motion for this Order._(Chris Mole.)

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7 Banking Bill: Third Reading

Bill read the third time, and passed.

8 Value Added Tax (S.I., 2008, No. 3020)

Motion made and Question proposed, That an humble Address be presented to Her Majesty, praying that the Value Added Tax (Change of Rate) Order 2008 (S.I., 2008, No. 3020), dated 24 November 2008, a copy of which was laid before this House on 24 November, in the previous Session of Parliament, be annulled._(Dr Vincent Cable.)

9 Deferred Divisions

The Deputy Speaker announced the results of the Division (Standing Order No. 41A).

Adjournment (Christmas)

That this House, at its rising on Thursday 18 December, do adjourn till Monday 12 January 2009.

Division No. 8.

Ayes: 266.

Noes: 214.

Question accordingly agreed to.

10 Value Added Tax (S.I., 2008, No. 3020)

Question again proposed, That an humble Address be presented to Her Majesty, praying that the Value Added Tax (Change of Rate) Order 2008 (S.I., 2008, No. 3020), dated 24 November 2008, a copy of which was laid before this House on 24 November, in the previous Session of Parliament, be annulled.

One and a half hours after the start of proceedings on the Motion, the Deputy Speaker put the Question (Standing Order No. 16).

The House divided.

Division No. 9.

Ayes: 223 (Tellers: Bob Russell, James Duddridge).

Noes: 303 (Tellers: Chris Mole, Steve McCabe).

Question accordingly negatived.

11 Parliamentary Pensions

Resolved, That this House endorses a cost-neutral package of changes to the Parliamentary pension scheme consisting of_

(1) the introduction of a new option for members of the scheme to pay a member contribution rate of 5.5 per cent. of salary for a pension building up at an accrual rate of 1/60th of final salary for each year of service, as an alternative to the existing accrual rate options; and

(2) changes to the ill-health retirement provisions, as proposed by the Trustees, including two different levels of benefit depending on the degree of a scheme member's incapacity, and the periodic review of ill-health pensions._(Ms Diana R Johnson.)

12 Electoral Commission (Appointment of Chairman)

Resolved, That an humble Address be presented to Her Majesty, praying that Her Majesty will appoint Jennifer Watson to the office of chairman of the Electoral Commission with effect from 1 January 2009 for the period ending on 31 December 2012._(Sir Peter Viggers.)

13 Electoral Commission (Remuneration of Chairman)

Queen's Recommendation signified.

Motion made and Question put, That the following provision shall be made with respect to the remuneration and expenses of the Chairman of the Electoral Commission (the chairman"):

(1) In respect of remuneration for service between 1 January 2009 and 31 December 2009, the chairman shall be paid #100,000.

(2) In respect of the year starting with 1 January 2010 and in respect of any subsequent year starting on the anniversary of her appointment, the chairman shall be paid as remuneration for that year the sum payable during the immediately preceding year increased by the same percentage of that sum as the percentage (if any) or total of the percentages (if more than one) used to increase the salary of a High Court Judge during that immediately preceding year.

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(3) Where during any of the years referred to above the chairman ceases to hold that office, the sum to be paid to her in respect of the part of the year for which she held office shall be such proportion of the sum which would have been due had she completed that year in office as reflects the portion of that period during which she held the office of chairman.

(4) The chairman shall be reimbursed for any expenses she incurs in connection with the discharge of her duties as chairman on travel, accommodation and subsistence.

(5) The pension of the chairman shall be calculated broadly by analogy with the pension scheme of the staff of the Commission, thereby delivering a pension based on the Principal Civil Service Pension Scheme._(Helen Jones.)

The House divided.

Division No. 10.

Ayes: 324 (Tellers: Mr Bob Blizzard, Mr Frank Roy).

Noes: 32 (Tellers: Dr Bob Spink, Mr Ken Purchase).

Question accordingly agreed to.

Resolved, That the following provision shall be made with respect to the remuneration and expenses of the Chairman of the Electoral Commission (the chairman"):

(1) In respect of remuneration for service between 1 January 2009 and 31 December 2009, the chairman shall be paid #100,000.

(2) In respect of the year starting with 1 January 2010 and in respect of any subsequent year starting on the anniversary of her appointment, the chairman shall be paid as remuneration for that year the sum payable during the immediately preceding year increased by the same percentage of that sum as the percentage (if any) or total of the percentages (if more than one) used to increase the salary of a High Court Judge during that immediately preceding year.

(3) Where during any of the years referred to above the chairman ceases to hold that office, the sum to be paid to her in respect of the part of the year for which she held office shall be such proportion of the sum which would have been due had she completed that year in office as reflects the portion of that period during which she held the office of chairman.

(4) The chairman shall be reimbursed for any expenses she incurs in connection with the discharge of her duties as chairman on travel, accommodation and subsistence.

(5) The pension of the chairman shall be calculated broadly by analogy with the pension scheme of the staff of the Commission, thereby delivering a pension based on the Principal Civil Service Pension Scheme.

14 Statutory Instruments: Motions for Approval

(1) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Local Authorities (England) (Charges for Property Searches) Regulations 2008, which were laid before this House on 13 November, in the previous Session of Parliament, be approved._(Helen Jones.)

Question agreed to.

(2) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2008, which were laid before this House on 12 November, in the previous Session of Parliament, be approved._(Helen Jones.)

Question agreed to.

15 Management of EU funds in Bulgaria and Romanian and Bulgarian EU accession

Motion made and Question put forthwith (Standing Order No. 119(11)), That this House takes note of European Union Document No. 12244/08, Commission Report: Management of EU funds in Bulgaria, and supports the Commission's decision to suspend funding while action is taken by Bulgaria to ensure sound financial management; further notes European Union Documents No. 12177/08 and Addendum, and No. 12182/08 and Addendum, Commission Reports on progress in Romania and Bulgaria under the Co-operation and Verification Mechanism; and welcomes this ongoing post-accession process to support essential reforms in both countries to meet their EU membership commitment._(Helen Jones.)

Question agreed to.

16 Public Petitions

A Public Petition from residents of Cotswold and others relating to pharmacy services (Gloucestershire) was presented and read by Mr Geoffrey Clifton-Brown.

A Public Petition from the family of Aaron Palmer and concerned residents of Vale of Glamorgan relating to dangerous drivers was presented and read by John Smith.

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A Public Petition from over fourteen hundred readers of the Bucks Free Press newspaper relating to health services (Wycombe) was presented and read by Mr Paul Goodman.

17 Adjournment

Subject: Cervical cancer screening of young women (Mr Fraser Kemp).

Motion made and Question proposed, That this House do now adjourn._(Helen Jones.)

At 7.00 pm, the Motion lapsed (Standing Order No. 9(7)).

Resolved, That this House do now adjourn._(Helen Jones.)

[Adjourned at 7.15 pm until tomorrow. ]

Other proceedings

General Committees: Reports

18 Ninth Delegated Legislation Committee

Joan Walley (Chairman) reported the draft OGCbuying.solutions Trading Fund (Extension and Amendment) Order 2008.

19 Welsh Grand Committee

Mr Martin Caton (Chairman) reported the matter of Public Expenditure in Wales, referred to it on 25 November, in the last Session of Parliament.

General Committees: Appointments

The Speaker appoints the Chairman of General Committees and allocates Statutory Instruments to Delegated Legislation Committees.

The Committee of Selection nominates Members to serve on General Committees (and certain Members to serve on Grand Committees).

20 Corporation Tax Bill Second Reading Committee

Chairman: Robert Key.

21 First Delegated Legislation Committee (Excise Duties (Surcharges or Rebates) (Hydrocarbon Oils etc.) (Revocation) Order 2008 (S.I., 2008, No. 3018))

(1) Chairman: Sir Nicholas Winterton

(2) Members: Sir Paul Beresford, Mr Bob Blizzard, Mr David Blunkett, Mr Jeremy Browne, Mr Tom Clarke, James Duddridge, Angela Eagle, Dr Ian Gibson, Justine Greening, Alun Michael, Albert Owen, Stephen Pound, Dr John Pugh, Joan Ryan, Mr Graham Stuart and Mr Charles Walker.

22 Second Delegated Legislation Committee (Alcoholic Liquor Duties (Surcharges) and Tobacco Products Duty Order 2008 (S.I., 2008, No. 3026) and Alcoholic Liquor (Surcharge on Spirits Duty) Order 2008 (S.I., 2008, No. 3062))

(1) Chairman: Sir Nicholas Winterton

(2) Members: Charlotte Atkins, Mr Bob Blizzard, Mr Richard Caborn, Mr Alistair Carmichael, Colin Challen, Mr David Chaytor, Mr Stephen Crabb, James Duddridge, Angela Eagle, Justine Greening, Mr John Greenway, Mr Adam Holloway, Mr Adam Ingram, Stephen Pound, Angus Robertson and Ian Stewart.

23 Third Delegated Legislation Committee (Draft Northern Ireland Assembly (Elections) (Amendment) Order 2009)

(1) Chairman: Dr William McCrea

(2) Members: Mr Richard Benyon, Peter Bottomley, Mr Alistair Carmichael, Ben Chapman, Mr Jeffrey M. Donaldson, Paul Flynn, Michael Jabez Foster (Hastings and Rye), Paul Goggins, Helen Goodman, Alan Keen, Fiona Mactaggart, Rob Marris, Mr Michael Mates, Mr Alan Reid, Mr Laurence Robertson and Helen Southworth.

24 Fourth Delegated Legislation Committee (Travellers' Allowances (Amendment) Order 2008 (S.I., 2008, No. 3058))

(1) Chairman: Mr Martyn Jones

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(2) Members: John Austin, Mr Bob Blizzard, Mr Jeremy Browne, Dr Vincent Cable, Mr Ronnie Campbell, James Duddridge, Mr David Gauke, Mr Philip Hollobone, Lynne Jones, Stephen Pound, John Reid, Dr Gavin Strang, Mr Hugo Swire, Mr Robert Syms, Mr Stephen Timms and Mr Paul Truswell.

25 Fifth Delegated Legislation Committee (Statement of Changes in Immigration Rules 2008 (HC 1113, Session 2007^08))

(1) Chairman: Mrs Janet Dean

(2) Members: Mr David S. Borrow, Tom Brake, Mr Simon Burns, Mr Douglas Carswell, Jim Cousins, Mr Brian H. Donohoe, Damian Green, Mr Tom Harris, Mr Douglas Hogg, Chris Huhne, Mrs Sia®n C. James, Dr Stephen Ladyman, Steve McCabe, Mr Virendra Sharma, Hon Nicholas Soames and Mr Phil Woolas.

26 Sixth Delegated Legislation Committee (Employment and Support Allowance Regulations 2008)

(1) Chairman: Mr Christopher Chope

(2) Members: Tony Baldry, Mr John Baron, Des Browne, Mr David Crausby, Mr Jim Devine, Linda Gilroy, Mr John Gummer, Mr Mark Harper, Dr Kim Howells, Helen Jones, Mr David Kidney, Mrs Anne McGuire, John Penrose, Paul Rowen, Jonathan Shaw and Jenny Willott.

27 Ninth Delegated Legislation Committee (Draft OGCbuying.solutions Trading Fund (Extension and Amendment) Order 2008)

Members: Mr David Clelland and Phil Wilson discharged and Mr Russell Brown and Margaret Moran nominated in substitution.

28 European Committee A, in respect of European Union Document No. 13195/08, relating to Food distribution to the most deprived persons in the community

Members: Tim Farron, Helen Goodman, Mr Lindsay Hoyle, Mr Michael Jack, Jane Kennedy, Dr Ashok Kumar, Mr Bob Laxton, David Lepper, Mr Anthony Steen, Angela Watkinson, Bill Wiggin, Mr Roger Williams and Mr Anthony Wright.

29 European Committee C, in respect of European Union Document No. 5938/08 and Addenda 1 and 2, relating to Safety of Toys

Members: Mr Adrian Bailey, Ms Celia Barlow, Mr Richard Benyon, Lorely Burt, Mr David Drew, Helen Goodman, Mr Greg Hands, John Hemming, Mr John Heppell, Peter Luff, Ian Pearson, Mr Mark Prisk and Mr Don Touhig.

European Union Documents Referred

30 European Committee B

European Union Document No. 15661/08, relating to Draft Regulation on credit rating agencies.

Reports from Select Committees

31 Children, Schools and Families Committee

Looked-after Children: Evidence, to be printed (HC 111-i) (Mr Barry Sheerman).

32 European Scrutiny Committee

(1) Second Report from the European Scrutiny Committee; to be printed, with the Formal Minutes relating to the Report (HC 19-ii);

(2) Public Deliberations of the Committee, to be printed (HC 20-ii);

(3) Ministerial Correspondence: Written evidence, to be published

(Michael Connarty).

33 Foreign Affairs Committee

(1) The Work of the Committee in Session 2007^08: First Report; to be printed, with the Formal Minutes relating to the Report (HC 113);

(2) Global Security: Non-Proliferation: Written evidence, to be published

(Mike Gapes).

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34 Northern Ireland Affairs Committee

(1) Work of the Committee in Session 2007^08: First Report, with written evidence, to be printed, with the Formal Minutes relating to the Report (HC 74);

(2) Cross-Border Co-operation: Evidence, to be printed (HC 78-ii)

(Stephen Pound).

35 Public Accounts (Committee of)

End of Life Care: Evidence, to be printed (HC 99-i) (Mr Edward Leigh).

36 Statutory Instruments (Joint Committee on)

Second Report, to be printed (HC 3-ii) (David Maclean).

37 Transport Committee

Taxes and charges on road users: Evidence, to be printed (No. 103-i) (Mrs Louise Ellman).

38 Work and Pensions Committee

(1) Valuing and Supporting Carers: Government Response to the Committee's Fourth Report of Session 2007^08: First Special Report, to be printed (HC 105);

(2) Pension, Disability and Carers Service: Evidence, to be printed (HC 104-i);

(3) Equality Bill: What steps should DWP take to achieve greater equality?: Written evidence, to be published

(Mr Terry Rooney).

[WH, No. 2]  

Sitting in Westminster Hall

The sitting began at 9.30 am.

Subjects:

Operation of libel laws (Mr Denis MacShane).

Freeze on settlement building in the occupied Palestinian Territories (Martin Linton).

Support for the British motor industry (Sandra Gidley).

Dartford river crossing tolls (James Brokenshire).

Single and double summer time (Mr David Kidney).

Motion made and Question proposed, That the sitting be now adjourned._(Mark Tami.)

Sitting adjourned without Question put (Standing Order No. 9(7)).

[Adjourned at 5.20 pm until tomorrow. ]

APPENDIX

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1 Criminal Injuries Compensation (Northern Ireland)

(1) Draft Alterations to the Northern Ireland Criminal Injuries Compensation Scheme 2002 (by Statutory Instrument), with an Explanatory Memorandum (by Command) (Mr Secretary Woodward); and

(2) draft Northern Ireland Criminal Injuries Compensation Scheme 2009 (by Statutory Instrument), with an Explanatory Memorandum (by Command) (Mr Secretary Woodward).

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2 Northern Ireland

Draft Criminal Damage (Compensation) (Amendment) (Northern Ireland) Order 2009 (by Act), with an Explanatory Memorandum (by Command) (Mr Secretary Woodward).

Papers subject to Negative Resolution:

3 Animals

Zoonoses and Animal By-Products (Fees) (England) (No. 2) Regulations 2008 (S.I., 2008, No. 3196), dated 14 December 2008 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary Hilary Benn).

4 Companies

Companies (Model Articles) Regulations 2008 (S.I., 2008, No. 3229), dated 16 December 2008 (by Act), with an Explanatory Memorandum (by Command) (Mr Pat McFadden).

5 Corporation Tax

Loan Relationships and Derivative Contracts (Change of Accounting Practice) (Amendment) Regulations 2008 (S.I., 2008, No. 3237), dated 17 December 2008 (by Act), with an Explanatory Memorandum (by Command) (Stephen Timms).

6 Customs

Export Control Order 2008 (S.I., 2008, No. 3231), dated 15 December 2008 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Mr Pat McFadden).

7 Employment Tribunals

Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2008 (S.I., 2008, No. 3240), dated 15 December 2008 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Mr Pat McFadden).

8 European Communities

European Communities (Designation) (No. 4) Order 2008 (S.I., 2008, No. 3117), dated 10 December 2008 (by Act), with an Explanatory Memorandum (by Command) (Secretary David Miliband).

9 Health Care and Associated Professions

General Dental Council (Constitution) (Amendment) Order of Council 2008 (S.I., 2008, No. 3238), dated 16 December 2008 (by Act), with an Explanatory Memorandum (by Command) (Secretary Alan Johnson).

10 Ministers of the Crown

Transfer of Functions (Administration of Rent Officer Service in England) Order 2008 (S.I., 2008, No. 3134), dated 10 December 2008 (by Act), with an Explanatory Memorandum (by Command) (Secretary James Purnell).

11 National Health Service

Health and Social Care Act 2008 (Commencement No. 6, Transitory and Transitional Provisions) Order 2008 (S.I., 2008, No. 3168), dated 11 December 2008 (by Act), with an Explanatory Memorandum (by Command) (Secretary Alan Johnson).

12 Parliamentary Commissioner

Parliamentary Commissioner Order 2008 (S.I., 2008, No. 3115), dated 10 December 2008 (by Act), with an Explanatory Memorandum (by Command) (Liam Byrne).

13 Plant Health

Plant Health (Import Inspection Fees) (England) (Amendment) Regulations 2008 (S.I., 2008, No. 3233), dated 16 December 2008 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary Hilary Benn).

14 Revenue and Customs

Taxes and Duties (Interest Rate) (Amendment) Regulations 2008 (S.I., 2008, No. 3234), dated 16 December 2008 (by Act), with an Explanatory Memorandum (by Command) (Stephen Timms).

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15 Road Traffic

Civil Enforcement of Parking Contraventions (County of Cheshire) (City of Chester and Borough of Ellesmere Port & Neston) Designation Order 2008 (S.I., 2008, No. 3198), dated 11 December 2008 (by Act), with an Explanatory Memorandum (by Command) (Secretary Geoff Hoon).

16 Stamp Duty

Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 2) 2008 (S.I., 2008, No. 3235), dated 16 December 2008 (by Act), with an Explanatory Memorandum (by Command) (Ian Pearson).

17 Stamp Duty Reserve Tax

Stamp Duty Reserve Tax (Amendment of section 89AA of the Finance Act 1986) Regulations 2008 (S.I., 2008, No. 3236), dated 17 December 2008 (by Act), with an Explanatory Memorandum (by Command) (Ian Pearson).

Other Papers:

18 Caribbean and North Atlantic Territories

Cayman Islands (Constitution) (Amendment) Order 2008 (S.I., 2008, No. 3127), dated 10 December 2008 (by Act), with an Explanatory Memorandum (by Command) (Secretary David Miliband).

19 Civil Aviation

(1) Air Navigation (Overseas Territories) (Amendment) Order 2008 (S.I., 2008, No. 3125), dated 10 December 2008 (by Act), with an Explanatory Memorandum (by Command) (Secretary David Miliband); and

(2) Civil Aviation (Overseas Territories) (Gibraltar) (Revocations) Order 2008 (S.I., 2008, No. 3119), dated 10 December 2008 (by Act), with an Explanatory Memorandum (by Command) (Secretary David Miliband).

20 Energy

Statement of the Nuclear Decommissioning Funding Account for 2007^08, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 88) (Mr Pat McFadden).

21 Government Resources and Accounts

Resource Accounts of the Armed Forces Pension Scheme for 2007^08, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 84) (Stephen Timms).

22 Horserace Betting and Olympic Lottery

Accounts of the Olympic Lottery Distribution Fund for 2007^08, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 61) (Secretary Andy Burnham).

23 Justice and Security (Northern Ireland)

Report of the Independent Reviewer: Justice and Security (Northern Ireland) Act 2007 (by Act) (Mr Secretary Woodward).

24 National Audit

Report of the Comptroller and Auditor General on Central government's management of service contracts (by Act); to be printed (HC 65) (Clerk of the House).

25 National Heritage

Statement on the provision of the Government Indemnity Scheme (by Act) (Secretary Andy Burnham).

26 Northern Ireland

(1) Report by the Northern Ireland Assembly Ad Hoc Committee on Criminal Damage Compensation on the Draft Criminal Damage (Compensation) (Amendment) (Northern Ireland) Order 2008 (by Act) (Mr Secretary Woodward);

(2) Statement containing a summary of representations on proposals for a draft Criminal Damage (Compensation) (Amendment) (Northern Ireland) (Order) 2008 (by Act) (Mr Secretary Woodward); and

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(3) Statement containing details of changes to the proposal for a draft Criminal Damage (Compensation) (Amendment) (Northern Ireland) Order 2008 (by Act) (Mr Secretary Woodward).

27 Political Parties, Elections and Referendums

Second Report from the Speaker's Committee 2008 (by Act); to be printed (HC 109) (The Speaker).

THE SPEAKER'S CERTIFICATE

The Speaker has certified that the Consolidated Fund Bill is a Money Bill within the meaning of the Parliament Act 1911.

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