Commons Journal 265

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[No. 42 Tuesday 10 March 2009 ]

The house met at 2.30 pm.

PRAYERS.

1 Questions to (1) the Secretary of State for Transport

(2) the Minister for Women and Equality

2 Bankers' Pensions (Limits): Motion for leave to introduce a Bill (Standing Order No. 23)

Ordered, That leave be given to bring in a Bill to make provision for the pensions of board members of banks that are wholly or partly in public ownership to be limited in certain circumstances; and for connected purposes;

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That Ann Clwyd, Rosemary McKenna, John Battle, Mr Michael Clapham, Mr Peter Kilfoyle, Mike Gapes, Mrs Anne McGuire, David Taylor, Andrew Mackinlay and Mr Dennis Skinner present the Bill.

Ann Clwyd accordingly presented the Bill.

Bill read the first time; to be read a second time on Friday 3 July, and to be printed (Bill 73).

3 Opposition Day: Leader of the Opposition (7th allotted day (Standing Order No. 14))

(1) Unemployment in the UK

Motion made and Question proposed, That this House notes that unemployment rose by 146,000 to 1.97 million in the three months to December 2008, the highest level since August 1997, that the number of people claiming jobseeker's allowance in January 2009 rose by 73,800 to 1.23 million, and that the number of vacancies in the UK fell by 76,000 in the three months to January 2009 to 504,000, the lowest figure since records began; further notes that unemployment among 18 to 24-year-olds was 616,000 in the three months to November, the highest total since 1995; further notes that the Government has failed to establish a national loan guarantee scheme to increase the flow of credit to businesses, and calls on the Government to establish such a scheme; further notes that the Government failed to introduce necessary welfare reform during the years of economic growth; further calls on the Government to relax the rules on jobseeker's allowance to allow unemployed people rapidly to take up training opportunities; believes that the Government should immediately cut taxes for firms taking on new employees who have been unemployed for three months; notes with concern the failure of the procurement process for Flexible New Deal, and further calls on the Government not to backtrack on the use of the private and voluntary sectors in welfare-to-work provisions; and calls on the Department for Work and Pensions to expand the use of an `invest to save' approach to welfare-to-work services, allowing the full potential of the expertise in these sectors to be realised._(Mrs Theresa May.)

Amendment moved, in line 1, to leave out from `House' to the end of the Question and add `notes that unemployment is rising in Britain and across the world; believes that unemployment is never a price worth paying and that as unemployment rises the amount of support that is offered should be increased; further notes that the Government is investing nearly #2 billion extra into giving additional assistance for the unemployed and that this will provide additional help to people losing their jobs, including a national rapid response service to react to redundancy situations, advice from day one of unemployment on skills and finding a job, assistance to pay mortgage bills to prevent people losing both their jobs and their homes, cash incentives for employers to recruit and train unemployed people, more training opportunities to help people back to work and more places on the New Deal employment programme; believes that it is preferable to invest millions into helping people now than to spend billions of pounds of public money on benefits in the future; further notes that in previous recessions the numbers on inactive benefits were allowed to increase dramatically; further believes that the mistakes of previous recessions must be avoided by investing now to prevent people becoming long-term unemployed today; and further believes that the Government should increase the support offered to people trapped on benefits by previous recessions.'._(Secretary James Purnell.)

Question put, That the original words stand part of the Question (Standing Order No. 31(2)).

The House divided.

Division No. 56.

Ayes: 161 (Tellers: Jeremy Wright, James Duddridge).

Noes: 349 (Tellers: Steve McCabe, Claire Ward).

Question accordingly negatived.

Question, That the proposed words be there added, put forthwith (Standing Order No. 31).

Question agreed to.

The Deputy Speaker declared the Main Question, as amended, agreed to (Standing Order No. 31(2)).

Resolved, That this House notes that unemployment is rising in Britain and across the world; believes that unemployment is never a price worth paying and that as unemployment rises the amount of support that is offered should be increased; further notes that the Government is investing nearly #2 billion extra into giving additional assistance for the unemployed and that this will provide additional help to people losing their jobs, including a national rapid response service to react to redundancy situations, advice from day one of unemployment on skills and finding a job, assistance to pay mortgage bills to prevent people losing both their jobs and their homes, cash incentives for employers to recruit and train unemployed people, more training opportunities to help people back to work and more places on the New Deal employment programme; believes that it is preferable to invest millions into helping people now than to spend billions of pounds of public money on benefits in the future; further notes that in previous recessions the numbers on inactive benefits were allowed to increase dramatically; further believes that the mistakes of previous recessions must be avoided by investing now to prevent people becoming long-term unemployed today; and further believes that the Government should increase the support offered to people trapped on benefits by previous recessions.

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(2) European Working Time Directive

Motion made and Question proposed, That this House opposes the forthcoming blanket imposition in Britain of the 48-hour working week under the European Working Time Directive in August 2009; welcomes improvements in the workplace which improve safety and general well-being but does not believe that the further implementation of the Directive is necessary to deliver this; notes in particular the potential impact on patient safety arising from reduced and inflexible working hours for NHS doctors; recognises the additional constraints imposed on the NHS by the SiMAP and Jaeger judgements; is disturbed by the negative impact of the Directive on medical training and on the viability of some frontline services; further notes that the New Deal for Doctors in 1991 would have secured the necessary reduction in junior doctors' hours; regrets a series of missed opportunities to amend the worst aspects of the Directive since 2003; expresses solidarity with other member states who are finding the Directive impracticable, including the 15 countries that currently depend on derogation; further notes that the loss of the opt-out and the distinction between active and inactive on-call time would also be deeply damaging to British business and other public services such as those provided by retained fire-fighters; fully agrees with the Secretary of State for Business, Enterprise and Regulatory Reform that the UK should stand firm in support of the opt-out; deeply regrets that most Labour Members of the European Parliament (MEPs) have failed to support the Government's position; advises Labour MEPs to support the retention of the opt-out; and urges the Government to give full consideration to alternative solutions._(Mr Andrew Lansley.)

Amendment moved, in line 1, to leave out from `House' to the end of the Question and add `agrees it is right that no worker should be required to work longer than 48 hours per week averaged over 26 weeks unless he or she freely chooses to do so; notes the Government's manifesto commitment to maintaining the individual opt-out from the European Working Time Directive; further notes the importance of the individual opt-out which is used by the UK along with 14 other EU member states; recognises that maintaining the individual opt-out is a key part of the UK's flexible labour market and of particular importance during the current economic climate; understands the particular concerns related to the working of excessive hours in the medical professions and welcomes the significant progress that has been made in the NHS to reduce junior doctors' hours; further notes the challenges faced as a result of the SiMAP and Jaeger judgements; further recognises that a solution is required in order to bring back much needed flexibility to the treatment of on-call time and compensatory rest time; welcomes the significant progress made in introducing the Working Time Directive across all clinical and staff groups within the NHS; further recognises that an extended derogation is necessary for a limited number of specialties and isolated, rural locations in order to ensure the efficient implementation of the Directive; and supports the continuing action to work with staff, clinicians, the British Medical Association and the Royal Colleges to ensure the workable implementation of the Working Time Directive to the benefit of patients and staff.'._(Secretary Alan Johnson.)

Question put, That the original words stand part of the Question (Standing Order No. 31(2)).

The House divided.

Division No. 57.

Ayes: 213 (Tellers: Jeremy Wright, James Duddridge).

Noes: 296 (Tellers: Chris Mole, Helen Goodman).

Question accordingly negatived.

Question put forthwith, That the proposed words be there added (Standing Order No. 31).

Question agreed to.

The Speaker declared the Main Question, as amended, agreed to (Standing Order No. 31(2)).

Resolved, That this House agrees it is right that no worker should be required to work longer than 48 hours per week averaged over 26 weeks unless he or she freely chooses to do so; notes the Government's manifesto commitment to maintaining the individual opt-out from the European Working Time Directive; further notes the importance of the individual opt-out which is used by the UK along with 14 other EU member states; recognises that maintaining the individual opt-out is a key part of the UK's flexible labour market and of particular importance during the current economic climate; understands the particular concerns related to the working of excessive hours in the medical professions and welcomes the significant progress that has been made in the NHS to reduce junior doctors' hours; further notes the challenges faced as a result of the SiMAP and Jaeger judgements; further recognises that a solution is required in order to bring back much needed flexibility to the treatment of on-call time and compensatory rest time; welcomes the significant progress made in introducing the Working Time Directive across all clinical and staff groups within the NHS; further recognises that an extended derogation is necessary for a limited number of specialties and isolated, rural locations in order to ensure the efficient implementation of the Directive; and supports the continuing action to work with staff, clinicians, the British Medical Association and the Royal Colleges to ensure the workable implementation of the Working Time Directive to the benefit of patients and staff.

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4 Consolidated Fund (Appropriation) 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.

5 Statutory Instrument: Motion for Approval

Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Parliamentary Constituencies (England) (Amendment) Order 2009, which was laid before this House on 29 January, be approved._(Ian Lucas.)

The Speaker's opinion as to the decision of the Question was challenged.

Division deferred until tomorrow (Standing Order No. 41A).

6 Adjournment (Easter)

Motion made and Question put forthwith (Standing Order No. 25), That this House, at its rising on Thursday 2 April 2009, do adjourn till Monday 20 April 2009._(Ian Lucas.)

The Speaker's opinion as to the decision of the Question was challenged.

Division deferred until tomorrow (Standing Order No. 41A).

7 Adjournment (Whitsun)

Motion made and Question put forthwith (Standing Order No. 25), That this House, at its rising on Thursday 21 May 2009, do adjourn till Monday 1 June 2009._(Ian Lucas.)

Question agreed to.

8 Use of the Chamber (United Kingdom Youth Parliament)

Motion made, That this House welcomes the work of the United Kingdom Youth Parliament in providing young people with an opportunity to engage with the political process and bring about social change; notes that many hon. Members from all parts of the House are actively involved in the work of the UK Youth Parliament; and accordingly resolves that the UK Youth Parliament should be allowed for this year alone to hold its 2009 annual meeting in the Chamber of this House._(Ian Lucas.)

Objection taken (Standing Order No. 9(6)).

9 Public Petition

A Public Petition from persons concerned at the BBC's decision not to air the DEC's Gaza Appeal relating to Gaza was presented and read by Mr John Leech.

10 Adjournment

Subject: Government policy on regulation of the legal profession (Nadine Dorries).

Resolved, That this House do now adjourn._(Ian Lucas.)

[Adjourned at 10.42 pm until tomorrow. ]

Other proceedings

General Committees: Reports

11 Coroners and Justice Bill Committee

Frank Cook (Chairman) reported:

(1) written evidence submitted to the Committee, and

(2) the Bill, with Amendments.

Written evidence (reported on 3, 5, 10, 24 and 26 February and 5 March and today) to be printed.

Bill, as amended, to be considered tomorrow; and to be printed (Bill 72).

12 Third Delegated Legislation Committee

Mr Gary Streeter (Chairman) reported the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008 (S.I., 2008, No. 2928).

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13 Fourth Delegated Legislation Committee

Christopher Fraser (Chairman) reported the draft Child Support (Miscellaneous and Consequential Amendments) Regulations 2009.

14 European Committee A in respect of European Union Document 12832/08 and Addenda 1 to 3, relating to control of ozone-depleting substances.

Mr John Bercow (Chairman) reported the following Resolution:

That the Committee takes note of European Union Document No. 12832/08 and Addenda 1 to 3, Commission Communication on completing the phase-out of substances that deplete the ozone layer; and supports the Government's aim of securing simplified legislation which reduces unnecessary administrative burdens, ensures compliance with the latest adjustments of the Montreal Protocol and addresses future challenges in order to ensure the timely recovery of the ozone layer.

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).

15 Fourth Delegated Legislation Committee (Draft Child Support (Miscellaneous and Consequential Amendments) Regulations 2009)

Members: Paul Farrelly, Mrs Anne McGuire and Mr Chris Mullin discharged and Mr Lindsay Hoyle, Mr Gordon Marsden and Ms Dari Taylor nominated in substitution.

16 Fifth Delegated Legislation Committee (Draft Criminal Damage (Compensation) (Amendment) (Northern Ireland) Order 2009)

Members: Dr Ian Gibson, Margaret Moran and Sir Peter Soulsby discharged and Gordon Banks, Jim Cousins and Jim Dowd nominated in substitution.

17 Sixth Delegated Legislation Committee (Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (S.I., 2008, No. 2699))

Members: Jim Sheridan discharged and Mrs Anne McGuire nominated in substitution.

Reports from Select Committees

18 Business and Enterprise Committee

Digital Britain: Evidence, to be printed (HC 331-i) (Peter Luff).

19 Culture, Media and Sport Committee

(1) Unauthorised Disclosure of Heads of Report: First Special Report, to be printed (HC 333);

(2) Press standards, privacy and libel:

(i) Evidence, to be printed (HC 275-ii and -iii);

(ii) Written evidence, to be published;

(3) The Licensing Act 2003: Written evidence, to be published

(Mr John Whittingdale).

20 Environmental Audit Committee

Pre-Budget Report 2008: Third Report, to be printed, with the Formal Minutes relating to the Report, and written evidence reported and ordered to be published on 27 January 2009 (HC 202) (Mr Tim Yeo).

21 European Scrutiny Committee

Commission Communication: the impact of the free movement of workers in the context of EU enlargement: Evidence, to be printed (HC 324-i) (Michael Connarty).

22 Home Affairs Committee

Knife Crime: Evidence, to be printed (HC 112-v) (Keith Vaz).

23 Human Rights (Joint Committee on)

(1) Children's rights: Evidence, to be printed (HC 338-i);

(2) Human rights of adults with learning disabilities: Written evidence, to be published;

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(3) International human rights instruments: Written evidence, to be published;

(4) Legislative scrutiny: Written evidence, to be published;

(5) UN Convention Against Torture: Written evidence, to be published

(Mr Andrew Dismore).

24 Justice Committee

(1) Appointment of the Chair of the Office for Legal Complaints: Government response to the Seventh Report from the Committee, Session 2007^08: Third Special Report, to be printed (HC 342);

(2) The work of the Criminal Cases Review Commission: Evidence, to be printed (HC 343-i);

(3) The work of the Crown Prosecution Service: Evidence, and written evidence, to be printed (HC 185-v)

(Sir Alan Beith).

25 North West Regional Select Committee

Mr David Crausby reported from the North West Regional Select Committee, That he had been chosen as Chairman of the Committee.

26 Regulatory Reform Committee

Themes and Trends in Regulatory Reform: Evidence, to be printed (HC 329-i) (Andrew Miller).

27 South East Regional Select Committee

Dr Stephen Ladyman reported from the South East Regional Select Committee, That he had been chosen as Chairman of the Committee.

28 Speaker's Conference on Parliamentary Representation

Speaker's Conference on Parliamentary Representation: Evidence, to be printed (HC 167-iii) (Miss Anne Begg).

29 Welsh Affairs Committee

(1) Digital Inclusion in Wales: Evidence, to be printed (HC 305-ii);

(2) Legal Services Commission: Written evidence, to be published;

(3) The Proposed National Assembly for Wales (Legislative Competence)(Welsh Language) Order 2009: Written evidence, to be published

(Dr Hywel Francis).

[WH, No. 25]  

Sitting in Westminster Hall

The sitting began at 9.30 am.

Subjects:

Proposals for a football team GB at the London 2012 Olympic Games (Pete Wishart).

Financial Services Compensation Scheme levy on building societies (Mrs Ann Cryer).

Effects on the UK film industry of copyright theft (John Barrett).

Funding for Coventry City Council services (Mr Jim Cunningham).

Role and function of the Audit Commission in local government (Mr Ian Liddell-Grainger).

Resolved, That the sitting be now adjourned._(Steve McCabe.)

[Adjourned at 1.59 pm until tomorrow. ]

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APPENDIX

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1 Betting, Gaming and Lotteries

Draft Categories of Gaming Machine (Amendment) Regulations 2009 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary Andy Burnham).

2 Representation of the People

Draft European Parliamentary Elections (Amendment) (No. 2) Regulations 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary Jack Straw).

Papers subject to Negative Resolution:

3 Education

(1) Further Education (Principals' Qualifications) (England) (Amendment) Regulations 2009 (S.I., 2009, No. 472), dated 3 March 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary John Denham); and

(2) Park Lane College, Leeds, Leeds Thomas Danby College, and Leeds Technology College (Dissolution) Order 2009 (S.I., 2009, No. 499), dated 4 March 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary John Denham).

4 Energy

Energy Act 2008 (Consequential Amendments) Order 2009 (S.I., 2009, No. 556), dated 7 March 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary Edward Miliband).

5 Environmental Protection

Hazardous Waste (England and Wales) (Amendment) Regulations 2009 (S.I., 2009, No. 507), dated 5 March 2009 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary Hilary Benn).

6 Fees and Charges

Control of Trade in Endangered Species (Fees) Regulations 2009 (S.I., 2009, No. 496), dated 3 March 2009 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary Hilary Benn).

7 Financial Services and Markets

Financial Services and Markets Act 2000 (Controllers) Regulations 2009 (S.I., 2009, No. 534), dated 9 March 2009 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Angela Eagle).

8 Housing

Housing Corporation (Dissolution) Order 2009 (S.I., 2009, No. 484), dated 4 March 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary Hazel Blears).

9 Immigration

Immigration and Nationality (Cost Recovery Fees) Regulations 2009 (S.I., 2009, No. 421), dated 10 March 2009 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary Jacqui Smith).

10 Local Government

Charter Trustees Regulations 2009 (S.I., 2009, No. 467), dated 3 March 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary Hazel Blears).

11 Prisons

(1) Contracted-Out Prisons (Specification of Restricted Activities) Order 2009 (S.I., 2009, No. 576), dated 5 March 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary Jack Straw); and

(2) Her Majesty's Chief Inspector of Prisons (Specified Public Authority) Order 2009 (S.I., 2009, No. 570), dated 5 March 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary Jack Straw).

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12 Public Passenger Transport

Travel Concessions (Eligible Services) (Amendment) Order 2009 (S.I., 2009, No. 575), dated 9 March 2009 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary Geoff Hoon).

13 Revenue and Customs

Finance Act 2008, Schedule 40 (Appointed Day, Transitional Provisions and Consequential Amendments) Order 2009 (S.I., 2009, No. 571), dated 9 March 2009 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Stephen Timms).

14 Trade Descriptions

Textile Products (Indications of Fibre Content) (Amendment) Regulations 2009 (S.I., 2009, No. 551), dated 6 March 2009 (by Act), with an Explanatory Memorandum (by Command) (Mr Pat McFadden).

15 Universities of Oxford and Cambridge

(1) Statute, dated 14 October 2008, made by the Chancellor, Masters and Scholars of the University of Oxford revising the existing Statutes of the University (by Act), with an Explanatory Memorandum (by Command) (Secretary Jack Straw);

(2) Statute, dated 14 October 2008, made by the Chancellor, Masters and Scholars of the University of Oxford, revising Part D of Statute XVI of the existing Statutes of the University (by Act), with an Explanatory Memorandum (by Command) (Secretary Jack Straw); and

(3) Statute, dated 14 October 2008, made by the Chancellor, Masters and Scholars of the University of Oxford, revising Statute VI of the University (by Act), with an Explanatory Memorandum (by Command) (Secretary Jack Straw).

Other Papers:

16 International Development

Explanatory Memorandum to the draft Asian Development Bank (Ninth Replenishment of the Asian Development Fund) Order 2009 (by Command) (Mr Secretary Alexander).

17 National Audit

Report by the Comptroller and Auditor General on The National Offender Management Information System (by Act); to be printed (HC 292) (Clerk of the House).

THE SPEAKER'S CERTIFICATE

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

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