Commons Journal 265

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[No. 19 ]

Monday 26 January 2009

The house met at 2.30 pm.

PRAYERS.

1 Questions to the Secretary of State for Children, Schools and Families

2 Personal Statement (Mr Peter Hain)

3 Pharmaceutical Labelling (Warning of Cognitive Function Impairment) Bill: Presentation (Standing Order No. 57)

Mr Andrew Dismore, supported by Mr Virendra Sharma, John Austin, Clive Efford, Mike Gapes, Ms Karen Buck, Siobhain McDonagh, Judy Mallaber, Rob Marris and Mr Chris Mullin, presented a Bill to make provision for a warning symbol to be prominently displayed on the packaging of pharmaceuticals which act on the brain and central nervous system so as to impair dangerously the consumer's ability to carry out certain activities; and for connected purposes.

Bill read the first time; to be read a second time on Friday 27 February, and to be printed (Bill 30).

4 Employers' Liability Insurance Bureau Bill: Presentation (Standing Order No. 57)

Mr Andrew Dismore, supported by Shona McIsaac, Mr Virendra Sharma, John Austin, Clive Efford, Mike Gapes, Ms Karen Buck, Siobhain McDonagh, Judy Mallaber, Rob Marris, Mr Chris Mullin and Jim Sheridan, presented a Bill to make provision for the creation of an employers' liability insurance bureau comprising an electronic database and a fund of last resort; to make provision about employers' liability insurance; and for connected purposes.

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Bill read the first time; to be read a second time on Friday 13 March, and to be printed (Bill 31).

5 British Museum Act 1963 (Amendment) Bill: Presentation (Standing Order No. 57)

Mr Andrew Dismore, supported by Mr Edward O'Hara, Clive Efford, Siobhain McDonagh, Rob Marris, Mr Virendra Sharma, John Austin and Ms Karen Buck, presented a Bill to amend the British Museum Act 1963 to permit the transfer of artefacts in the British Museum; to confer powers on the Secretary of State to require the transfer of artefacts in specified circumstances; and for connected purposes.

Bill read the first time; to be read a second time on Friday 20 March, and to be printed (Bill 32).

6 Damages (Asbestos-Related Conditions) Bill: Presentation (Standing Order No. 57)

Mr Andrew Dismore, supported by Shona McIsaac, Clive Efford, Mr Virendra Sharma, Mike Gapes, Ms Karen Buck, Siobhain McDonagh, Judy Mallaber, Rob Marris, Mr Chris Mullin and Jim Sheridan, presented a Bill to provide that certain asbestos-related conditions are actionable personal injuries; and for connected purposes.

Bill read the first time; to be read a second time on Friday 24 April, and to be printed (Bill 33).

7 Land Use (Gardens Protection Etc) Bill: Presentation (Standing Order No. 57)

Mr Andrew Dismore, supported by Shona McIsaac, Mr Virendra Sharma, John Austin, Clive Efford, Ms Karen Buck, Siobhain McDonagh, Rob Marris and Mr Chris Mullin, presented a Bill to make provision for the protection of gardens and urban green spaces; and for connected purposes.

Bill read the first time; to be read a second time on Friday 8 May, and to be printed (Bill 34).

8 Holocaust (Stolen Art) Restitution Bill: Presentation (Standing Order No. 57)

Mr Andrew Dismore, supported by Mike Gapes, Ms Karen Buck, Siobhain McDonagh, Rob Marris, Mr Chris Mullin, Clive Efford, John Austin, Mr Virendra Sharma and Mrs Louise Ellman, presented a Bill to provide for the transfer from public museum and gallery collections of arts, artefacts and other objects stolen between 1933 and 1945 by or on behalf of the Nazi regime, its members and sympathisers; to provide for the return of such artefacts and objects to the lawful owners, their heirs and successors; and for connected purposes.

Bill read the first time; to be read a second time on Friday 15 May, and to be printed (Bill 35).

9 Crown Employment (Nationality) Bill: Presentation (Standing Order No. 57)

Mr Andrew Dismore, supported by Dr Tony Wright, Ms Karen Buck, Mr Virendra Sharma, Mike Gapes, Shona McIsaac, Rob Marris, Mr Chris Mullin, John Austin, Clive Efford and Siobhain McDonagh, presented a Bill to make provision for and in connection with the removal of general restrictions as to nationality which apply to persons employed or holding office in any civil capacity under the Crown; and for connected purposes.

Bill read the first time; to be read a second time on Friday 12 June, and to be printed (Bill 39).

10 Torture (Damages) (No. 2) Bill: Presentation (Standing Order No. 57)

Mr Andrew Dismore, supported by Mr Virendra Sharma, John Austin, Clive Efford, Ms Karen Buck, Siobhain McDonagh, Rob Marris and Mr Chris Mullin, presented a Bill to make provision for actions for damages for torture; and for connected purposes.

Bill read the first time; to be read a second time on Friday 19 June, and to be printed (Bill 40).

11 Illegally Logged Timber (Prohibition of Sale) Bill: Presentation (Standing Order No. 57)

Mr Andrew Dismore, supported by Mr Virendra Sharma, John Austin, Clive Efford, Mike Gapes, Siobhain McDonagh, Judy Mallaber, Rob Marris, Mr Chris Mullin and Barry Gardiner, presented a Bill to prohibit the sale in the United Kingdom of timber and wood products that were obtained or produced illegally in their country of origin; and for connected purposes.

Bill read the first time; to be read a second time on Friday 26 June, and to be printed (Bill 41).

12 Human Rights Act 1998 (Meaning of Public Authority) Bill: Presentation (Standing Order No. 57)

Mr Andrew Dismore, supported by Mr Virendra Sharma, John Austin, Ms Karen Buck, Clive Efford, Mike Gapes, Shona McIsaac, Siobhain McDonagh, Judy Mallaber, Rob Marris and Mr Chris Mullin, presented a Bill to clarify the meaning of `public authority' in section 6 of the Human Rights Act 1998.

Bill read the first time; to be read a second time on Friday 3 July, and to be printed (Bill 42).

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13 Armenian Genocide Remembrance Day Bill: Presentation (Standing Order No. 57)

Mr Andrew Dismore, supported by John Austin, Mr Virendra Sharma, Clive Efford, Ms Karen Buck and Rob Marris, presented a Bill to introduce a national day to learn about and remember the Armenian genocide.

Bill read the first time; to be read a second time on Friday 16 October, and to be printed (Bill 43).

14 Broadcasting (Television Licence Fee Abolition) Bill: Presentation (Standing Order No. 57)

Mr Christopher Chope, supported by Mr Peter Bone, Philip Davies, Mr Mark Field and Mr David Heathcoat-Amory, presented a Bill to make provision for the abolition of the television licence fee; and for connected purposes.

Bill read the first time; to be read a second time on Friday 27 February, and to be printed (Bill 44).

15 Sovereignty of Parliament (European Communities) Bill: Presentation (Standing Order No. 57)

Mr Christopher Chope, supported by Mr Peter Bone, Mr William Cash, Philip Davies, Mr David Heathcoat-Amory, Mr Richard Shepherd, Mr Andrew Turner, Sir Peter Viggers, Sir Nicholas Winterton and Mr Roger Gale, presented a Bill to provide that Community treaties, Community instruments and Community obligations shall only be binding in legal proceedings in the United Kingdom insofar as they do not conflict with a subsequent, expressly inconsistent enactment of the Parliament of the United Kingdom.

Bill read the first time; to be read a second time on Friday 27 February, and to be printed (Bill 45).

16 European Union (Audit of Benefits and Costs of UK Membership) Bill: Presentation (Standing Order No. 57)

Mr Christopher Chope, supported by Mr Peter Bone, Mr William Cash, Philip Davies, Mr David Heathcoat-Amory, Mr Richard Shepherd, Mr Andrew Turner, Sir Peter Viggers, Sir Nicholas Winterton and Mr Roger Gale, presented a Bill to establish a Commission to carry out regular audits of the economic costs and benefits of the UK's membership of the European Union; and for connected purposes.

Bill read the first time; to be read a second time on Friday 27 February, and to be printed (Bill 46).

17 Drugs (Roadside Testing) Bill: Presentation (Standing Order No. 57)

Mr Christopher Chope, supported by Mr Peter Bone, Mr William Cash, Philip Davies, Mr Nigel Evans, Richard Ottaway, Mr Greg Knight, Mr Graham Stuart, Sir Peter Viggers, Sir George Young and Sir Nicholas Winterton, presented a Bill to make provision for roadside testing for illegal drugs; and for connected purposes.

Bill read the first time; to be read a second time on Friday 27 February, and to be printed (Bill 47).

18 Pedlars (Amendment) Bill: Presentation (Standing Order No. 57)

Mr Christopher Chope, supported by Philip Davies, Mr Ian Liddell-Grainger and Sir Paul Beresford, presented a Bill to amend the Pedlars Act 1871.

Bill read the first time; to be read a second time on Friday 27 February, and to be printed (Bill 48).

19 Broadcasting (Public Service Content) Bill: Presentation (Standing Order No. 57)

Mr Christopher Chope, supported by Mr Peter Bone, Philip Davies, Mr Mark Field, Mr David Heathcoat-Amory, Mr Brian Binley, Mr Roger Gale and Mr Andrew Tyrie, presented a Bill to define public service content for the purposes of public service broadcasting.

Bill read the first time; to be read a second time on Friday 27 February, and to be printed (Bill 49).

20 Safety of Medicines (Evaluation) Bill: Presentation (Standing Order No. 57)

Dr Ian Gibson, supported by Mr Mike Hancock and Mr David Amess, presented a Bill to make provision about the evaluation of methods of testing the safety of medicines; and for connected purposes.

Bill read the first time; to be read a second time on Friday 27 February, and to be printed (Bill 50).

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21 Coroners and Justice Bill: Second Reading

Motion made and Question proposed, That the Coroners and Justice Bill be now read a second time.

Amendment moved, to leave out from `That' to the end of the Question and add `this House declines to give a Second Reading to the Coroners and Justice Bill because it provides for inquests in private and without a jury, at the behest of the Secretary of State and on grounds that are overbroad; because it unduly restricts what coroners and inquest juries may say about a death; because it proposes reforms to the law of murder that are ill-thought through and incomplete; because it fails to deal with legitimate criticisms of the legislation on anonymous witnesses, and in particular because it fails to make adequate provision for the use of special counsel; because the system of sentencing guidelines it proposes fails to incorporate adequately the aim of reducing re-offending; because it will allow unlimited data sharing to occur between any organisations or persons for the purposes of supporting unspecified government policies, regardless of the safeguards contained in other legislation; and because, to the extent that other measures proposed in the Bill are welcome and not merely symbolic, those measures should have been brought forward in separate Bills to allow them to be scrutinised more carefully.'._(David Howarth.)

Question put, That the Amendment be made.

The House divided.

Division No. 21.

Ayes: 47 (Tellers: Bob Russell, Richard Younger-Ross).

Noes: 278 (Tellers: Mr Frank Roy, Chris Mole).

Question accordingly negatived.

Question, That the Bill be read a second time, put forthwith (Standing Order No. 62(2)).

Question agreed to.

Bill accordingly read a second time.

22 Coroners and Justice Bill (Programme)

Motion made and Question put forthwith (Standing Order No. 83A(7)), That the following provisions shall apply to the Coroners and Justice Bill:

Committal

1. The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 5 March 2009.

3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed._(Ian Lucas.)

Question agreed to.

23 Deferred divisions

Motion made and Question put forthwith (Standing Order No. 41A(3)), That, at this day's sitting, Standing Order No. 41A (Deferred divisions) shall not apply to the Motion in the name of Secretary Jack Straw relating to Criminal Law._(Ian Lucas.)

The House divided.

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Division No. 22.

Ayes: 276 (Tellers: Chris Mole, Mr Frank Roy).

Noes: 108 (Tellers: Mr John Baron, Mr Philip Dunne).

Question accordingly agreed to.

24 Coroners and Justice Bill (Money)

Queen's Recommendation signified.

Motion made and Question put forthwith (Standing Order No. 52(1)(a)), That, for the purposes of any Act resulting from the Coroners and Justice Bill, it is expedient to authorise the payment out of money provided by Parliament of_

(1) any expenditure incurred by a Minister of the Crown under or by virtue of the Act; and

(2) any increase attributable to the Act in the sums payable out of money so provided under any other Act._(Ian Lucas.)

Question agreed to.

25 Coroners and Justice Bill (Ways and Means)

Motion made and Question put forthwith (Standing Order No. 52(1)(a)), That, for the purposes of any Act resulting from the Coroners and Justice Bill it is expedient to authorise_

(1) the imposition of charges by virtue of the Act in connection with costs incurred in connection with motor vehicle orders; and

(2) the payment of sums into the Consolidated Fund._(Ian Lucas.)

The House divided.

Division No. 23.

Ayes: 233 (Tellers: Chris Mole, Mr Frank Roy).

Noes: 97 (Tellers: Mr John Baron, Mr Philip Dunne).

Question accordingly agreed to.

26 Statutory Instruments: Motions for Approval

(1) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Criminal Justice and Police Act 2001 (Amendment) Order 2009, which was laid before this House on 20 January, be approved._(Ian Lucas.)

The House divided.

Division No. 24.

Ayes: 215 (Tellers: Chris Mole, Mr Frank Roy).

Noes: 91 (Tellers: Mr John Baron, Mr Philip Dunne).

Question accordingly agreed to.

(2) Motion made and Question put forthwith (Standing Order No. 118(6)), That the Civil Procedure (Amendment No. 2) Rules 2008 (S.I., 2008, No. 3085), dated 2 December 2008, a copy of which was laid before this House on 3 December, be approved._(Ian Lucas.)

Question agreed to.

(3) Motion made and Question put forthwith (Standing Order No. 118(6)), That the Rules of the Supreme Court (Northern Ireland) (Amendment No. 3) 2008 (S.R. (N.I.), 2008, No. 479), dated 2 December 2008, a copy of which was laid before this House on 3 December, be approved._(Ian Lucas.)

Question agreed to.

(4) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Local Government (Structural Changes) (Areas and Membership of Public Bodies in Bedfordshire and Cheshire) Order 2008, which was laid before this House on 17 November, in the previous Session of Parliament, be approved._(Ian Lucas.)

Question agreed to.

(5) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Companies (Trading Disclosures) (Amendment) Regulations 2008, which were laid before this House on 6 November, in the previous Session of Parliament, be approved._(Ian Lucas.)

Question agreed to.

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(6) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Companies (Disclosure of Address) Regulations 2008, which were laid before this House on 18 November, in the previous Session of Parliament, be approved._(Ian Lucas.)

Question agreed to.

(7) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Postponement of Local Elections (Northern Ireland) Order 2009, which was laid before this House on 10 December, be approved._(Ian Lucas.)

Question agreed to.

27 Adjournment (February)

Motion made and Question put forthwith (Standing Order No. 25), That this House, at its rising on Thursday 12 February, do adjourn till Monday 23 February._(Ian Lucas.)

Question agreed to.

28 Changes to membership of select committees

Ordered, That Mr Kevan Jones be discharged from the Administration Committee and Mr Stephen Hepburn be added._(Rosemary McKenna, on behalf of the Committee of Selection.)

Ordered, That Ms Dawn Butler be discharged from the Children, Schools and Families Committee and Derek Twigg be added._(Rosemary McKenna, on behalf of the Committee of Selection.)

29 Adjournment

Subject: Funding of national concessionary bus fares (David Howarth).

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

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

[Adjourned at 11.26 pm until tomorrow. ]

Other proceedings

General Committees: Reports

30 First Delegated Legislation Committee

Robert Key (Chairman) reported the draft European Parliamentary Elections (Amendment) Regulations 2009, draft European Parliament (Disqualification) (United Kingdom and Gibraltar) Order 2009 and draft European Parliamentary Elections (Loans and Related Transactions and Miscellaneous Provisions) (United Kingdom and Gibraltar) Order 2009.

31 Second Delegated Legislation Committee

Sir John Butterfill (Chairman) reported the draft European Communities (Definition of Treaties) (Agreements concluded under Article XXI GATS) Order 2008.

32 Third Delegated Legislation Committee

Joan Walley (Chairman) reported the Home Information Pack (Amendment) (No. 3) Regulations 2008 (S.I., 2008, No. 3107).

33 European Committee A in respect of European Union Documents No. 15578/08 and Addenda 1 to 3 and No. 7676/08 and Addenda 1 and 2, relating to Total Allowable Catches and quotas and recovery of cod stocks

Janet Anderson (Chairman) reported the following Resolution:

That the Committee takes note of European Union Documents No. 15578/08 and Addenda 1 to 3, draft Council Regulation fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish vessels, applicable in Community waters, and for Community vessels, in waters where catch limitations are required, and No. 7676/08 and Addenda 1 and 2, draft Council Regulation amending Regulation (EC) No. 423/2004 as regards the recovery of cod stocks and amending Regulation (EEC) No. 2847/93; supports the Government's approach, which is in line with the principles enshrined in the Common Fisheries Policy, to seek adoption of measures to provide for sustainable exploitation of fishery resources based on sound scientific advice and on the precautionary approach; and accepts the Government's overarching approach in seeking a balanced and fair settlement across all the negotiations which promotes the long-term sustainable exploitation of fish stocks in European waters, the economic viability of the UK fishing industry and the protection of vulnerable species.

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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).

34 First Delegated Legislation Committee (Draft European Parliamentary Elections (Amendment) Regulations 2009, the draft European Parliament (Disqualification) (United Kingdom and Gibraltar) Order 2009 and the draft European Parliamentary Elections (Loans and Related Transactions and Miscellaneous Provisions) (United Kingdom and Gibraltar) Order 2009)

Members: Tom Brake, Peter Bottomley, Mr Tom Clarke, Mrs Claire Curtis-Thomas, Clive Efford, Mr Graham Stuart and Jeremy Wright discharged and Nick Ainger, Mr David Anderson, Sir Paul Beresford, Mr Michael Fallon, John Hemming, George Mudie and Mr Rob Wilson nominated in substitution.

35 Second Delegated Legislation Committee (Draft European Communities (Definition of Treaties) (Agreements concluded under Article XXI GATS) Order 2008)

Members: Alistair Burt, Mr Doug Henderson, Mr George Howarth and Mr Denis MacShane discharged and Hilary Armstrong, Liz Blackman, Phil Wilson and Jeremy Wright nominated in substitution.

36 Third Delegated Legislation Committee (Home Information Pack (Amendment) (No. 3) Regulations 2008 (S.I., 2008, No. 3107))

Members: Sir Paul Beresford, Mr Clive Betts, Mr Stephen Byers and Julie Morgan discharged and Peter Bottomley, Mr Tom Harris, Dr Stephen Ladyman and Tony Lloyd nominated in substitution.

37 European Committee A in respect of European Union Documents No. 15578/08 and Addenda 1 to 3, No. 7676/08 and Addenda 1 and 2, relating to Total Allowable Catches and quotas and recovery of cod stocks

Members: Bill Wiggin discharged and Mr Richard Benyon nominated in substitution.

Reports from Select Committees

38 Children, Schools and Families Committee

National Curriculum Tests: Evidence; to be printed (HC 205-i) (Mr Barry Sheerman).

39 Communities and Local Government Committee

Local authority investments:

(1) Evidence, to be printed (HC 164-ii);

(2) Written evidence, to be published

(Dr Phyllis Starkey).

40 Innovation, Universities, Science and Skills Committee

(1) Putting science and engineering at the heart of government policy:

(i) Evidence, to be printed (HC 168-i);

(ii) Written evidence, to be published;

(2) Science Question Time: Evidence, to be printed (HC 169-i)

(Mr Phil Willis).

41 Public Accounts (Committee of)

(1) Maintaining the Occupied Royal Palaces: Evidence, to be printed (HC 201-i);

(2) Programmes to reduce household energy consumption: Written evidence;

(3) Investing for Development: The Department for International Development's oversight of CDC Group plc: Written evidence

(Mr Edward Leigh).

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42 Work and Pensions Committee

The work of the Department for Work and Pensions' Inquiry into the underlying causes of construction fatalities: Evidence, to be printed (HC 187-i) (Mr Terry Rooney).

APPENDIX

Papers presented and delivered to the Votes and Proceedings Office on Friday 23 January 2009 under Standing Order No. 159:

Papers subject to Negative Resolution:

1 Criminal Law

Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2009 (S.I., 2009, No. 83), dated 22 January 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary Jack Straw).

Papers presented or laid upon the Table on Monday 26 January 2009:

Papers subject to Affirmative Resolution:

2 Family Law

Draft Child Support (Miscellaneous and Consequential Amendments) Regulations 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary James Purnell).

3 Representation of the People

Draft Representation of the People (Amendment) Regulations 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary Jack Straw).

4 Road Traffic

Draft Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary Geoff Hoon).

Papers subject to Negative Resolution:

5 Highways

Street Works (Inspection Fees) (England) (Amendment) Regulations 2009 (S.I., 2009, No. 104), dated 19 January 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary Geoff Hoon).

Other Papers:

6 Welsh Affairs

Government Response to the Sixth Report from the Welsh Affairs Committee, Session 2007^08, on The provision of cross-border health services for Wales: Interim Report (by Command) (Cm. 7531) (Secretary Alan Johnson).

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