Commons Journal 265

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[No. 133 Monday 9 November 2009 ]

The house met at 2.30 pm.

PRAYERS.

1 Questions to (1) the Secretary of State for Culture, Media and Sport

(2) the Minister for the Olympics

2 Urgent Question: Freedom of Information request (Immigration) (Mr Phil Woolas)

3 Statement: Energy National Policy Statements (Secretary Edward Miliband)

4 Installation of Letter Box Guards (Protection from Dogs) Bill: Presentation (Standing Order No. 57)

Ann Coffey, supported by Ms Karen Buck and Janet Anderson, presented a Bill to require householders to fit a letter box guard if they are in possession of a dog; and for connected purposes.

Bill read the first time; to be read a second time tomorrow, and to be printed (Bill 161).

5 Coroners and Justice Bill (Programme) (No. 4)

Motion made and Question put forthwith (Standing Order No. 83A(7)), That the following provisions shall apply to the Coroners and Justice Bill for the purpose of supplementing the Orders of 26 January and 4 and 23 March 2009 (Coroners and Justice Bill (Programme), Coroners and Justice Bill (Programme) (No. 2) and Coroners and Justice Bill (Programme) (No. 3)):

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Consideration of Lords Amendments

1. Proceedings on consideration on Lords Amendments shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption at this day's sitting.

2. The proceedings shall be taken in the order shown in the first column of the following Table.

3. The proceedings shall (so far as not previously concluded) be brought to a conclusion at the times specified in the second column of the Table.

TABLE

Subsequent stages

4. Any further Message from the Lords may be considered forthwith without any Question being put.

5. The proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement._(Mr John Heppell.)

The House divided.

Division No. 240.

Ayes: 282 (Tellers: Mr Bob Blizzard, Mr John Heppell).

Noes: 213 (Tellers: Lorely Burt, John Hemming).

Question accordingly agreed to.

6 Coroners and Justice Bill: Consideration of Lords Amendments

Lords Amendment 1

Motion made and Question proposed, That this House disagrees with Lords Amendment 1._(Secretary Jack Straw.)

After one and a half hours, the debate was interrupted (Programme Order, today).

The following Questions were put forthwith (Standing Order No. 83F).

(1) That this House disagrees with Lords Amendment 1 (Question already proposed from the Chair)._(Secretary Jack Straw.)

Question agreed to.

Lords Amendment 1 accordingly disagreed to.

(2) That this House disagrees with Lords Amendment 2 (Question on any Motion moved by a Minister of the Crown to disagree with a Lords Amendment)._(Secretary Jack Straw.)

Question agreed to.

Lords Amendment 2 accordingly disagreed to.

(3) That this House disagrees with Lords Amendment 216 (Question on any Motion moved by a Minister of the Crown to disagree with a Lords Amendment)._(Secretary Jack Straw.)

Question agreed to.

Lords Amendment 216 accordingly disagreed to.

(4) That Amendment (a) be made to the Bill in lieu of Lords Amendments 1, 2 and 216 disagreed to (Question on any consequential Amendment moved by a Minister of the Crown)._(Secretary Jack Straw.)

The House divided.

Division No. 241.

Ayes: 266 (Tellers: Mr John Baron, Mr Philip Dunne).

Noes: 274 (Tellers: Mark Tami, Mrs Sharon Hodgson).

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Question accordingly negatived.

Lords Amendment 55

Motion made and Question proposed, That this House disagrees with Lords Amendment 55._(Claire Ward.)

David Howarth claimed to move the closure (Standing Order No. 36).

Question put, That the Question be now put.

Question agreed to.

Question accordingly put, That this House disagrees with Lords Amendment 55.

The House divided.

Division No. 242.

Ayes: 299 (Tellers: Lyn Brown, Mr John Heppell).

Noes: 145 (Tellers: Mr John Baron, Mr Philip Dunne).

Question accordingly agreed to.

Lords Amendment 55 accordingly disagreed to.

Lords Amendment 59

Motion made and Question put, That this House disagrees with Lords Amendment 59._(Claire Ward.)

The House divided.

Division No. 243.

Ayes: 342 (Tellers: Mr John Heppell, Kerry McCarthy).

Noes: 145 (Tellers: Mr John Baron, Mr Philip Dunne).

Question accordingly agreed to.

Lords Amendment 59 accordingly disagreed to.

It being after 10.00 pm the Speaker put the Questions necessary to dispose of business at that hour (Programme Order, today).

The following Questions were put forthwith (Standing Order No. 83F).

(1) That this House disagrees with the Lords in their Amendment 119 (Question on any Motion moved by a Minister of the Crown to disagree with a Lords Amendment)._(Bridget Prentice.)

Question agreed to.

Lords Amendment 119 accordingly disagreed to.

(2) That this House disagrees with the Lords in their Amendment 121 (Question on any Motion moved by a Minister of the Crown to disagree with a Lords Amendment)._(Bridget Prentice.)

Question agreed to.

Lords Amendment 121 accordingly disagreed to.

(3) That this House disagrees with the Lords in their Amendment 236 (Question on any Motion moved by a Minister of the Crown to disagree with a Lords Amendment)._(Bridget Prentice.)

Question agreed to.

Lords Amendment 236 accordingly disagreed to.

(4) That this House disagrees with the Lords in their Amendment 239 (Question on any Motion moved by a Minister of the Crown to disagree with a Lords Amendment)._(Bridget Prentice.)

Question agreed to.

Lords Amendment 239 accordingly disagreed to.

(5) That this House disagrees with the Lords in their Amendment 66 (Question on any Motion moved by a Minister of the Crown to disagree with a Lords Amendment)._(Bridget Prentice.)

The House divided.

Division No. 244.

Ayes: 290 (Tellers: Mr John Heppell, Lyn Brown).

Noes: 67 (Tellers: Sir Robert Smith, Jenny Willott).

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Question accordingly agreed to.

Lords Amendment 66 accordingly disagreed to.

(6) That Amendment (a) be made to the Bill in lieu of Lords Amendment 66 disagreed to (Question on any consequential Amendment moved by a Minister of the Crown)._(Bridget Prentice.)

Question agreed to.

(7) That Lords Amendments 3 to 54, 56 to 58, 60 to 65, 67 to 118, 120, 122 to 215, 217 to 235, 237, 238, and 240 to 244 be agreed to (single Question to agree with all remaining Lords Amendments)._(Bridget Prentice.)

Question agreed to, with Commons privileges waived in respect of Lords Amendments 12, 14, 28, 54, 131, 145, 149, 150 and 185.

Title accordingly amended, as follows: A Bill to amend the law relating to coroners, to investigation of deaths and to certification and registration of deaths; to amend the criminal law; to make provision about criminal justice and about dealing with offenders; to make provision about the Commissioner for Victims and Witnesses; to make provision relating to the security of court and other buildings; to make provision about legal aid and about payments for legal services provided in connection with employment matters; to make provision for payments to be made by offenders in respect of benefits derived from the exploitation of material pertaining to offences; to amend the Data Protection Act 1998; and for connected purposes.

Motion made and Question put forthwith (Standing Order No. 83H), That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their Amendments 1, 2, 55, 59, 119, 121, 216, 236 and 239;

That Mr Henry Bellingham, Mr Mike Hall, David Howarth, Helen Jones and Bridget Prentice be members of the Committee.

That Bridget Prentice be the Chairman of the Committee.

That three be the quorum of the Committee.

That the Committee do withdraw immediately._(Mary Creagh.)

Question agreed to.

7 Sittings of the House

Ordered, That_

(1) at the sittings on Wednesday 11 and Thursday 12 November, the Speaker shall not adjourn the House until any Message from the Lords has been received and any Committee to draw up Reasons which has been appointed at that sitting has reported; and

(2) at the sitting on Thursday 12 November, the Speaker shall not adjourn the House, if a Message from the Lords Commissioners is expected, until that Message has been received._(Mary Creagh.)

8 Statutory Instruments: Motions for Approval

(1) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Private Security Industry Act 2001 (Amendment) (Northern Ireland) Order 2009, which was laid before this House on 21 July, be approved._(Mary Creagh.)

Question agreed to.

(2) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009, which was laid before this House on 12 October, be approved._(Mary Creagh.)

Question agreed to.

(3) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Scottish and Northern Ireland Banknote Regulations 2009, which were laid before this House on 13 October, be approved._(Mary Creagh.)

Question agreed to.

9 Financial Assistance for Industry

(1) Motion made and Question put forthwith (Standing Order No. 118(6) and Order of 26 October), That this House authorises the Secretary of State to undertake to pay, and to pay by way of financial assistance under section 8 of the Industrial Development Act 1982, in respect of the UK Innovation Fund, sums exceeding #10 million and up to a cumulative total of #150 million._(Mary Creagh.)

Question agreed to.

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(2) Motion made and Question put forthwith (Standing Order No. 118(6) and Order of 26 October), That this House authorises the Secretary of State to undertake to pay, and to pay by way of financial assistance under section 8 of the Industrial Development Act 1982, in respect of the Car Scrappage Scheme, an additional sum of up to #100 million._(Mary Creagh.)

Question agreed to.

10 Changes to membership of select committees

(1) Order read for resuming the adjourned debate on the Question proposed (2 November), That Mr David Kidney be discharged from the West Midlands Regional Select Committee and Mrs Janet Dean be added.

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

Debate to be resumed tomorrow.

(2) Order read for resuming the adjourned debate on the Question proposed (29 October), That Linda Gilroy be discharged from the South West Regional Select Committee and Roger Berry be added.

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

Debate to be resumed tomorrow.

(3) Ordered, That Mr Kenneth Clarke be discharged from the Joint Committee on Tax Law Rewrite Bills and Mr David Gauke be added._(Rosemary McKenna, on behalf of the Committee of Selection.)

(4) Ordered, That Sammy Wilson be discharged from the Transport Committee and Mr Jeffrey M. Donaldson be added._(Rosemary McKenna, on behalf of the Committee of Selection.)

(5) Ordered, That David Simpson be discharged from the Joint Committee on Statutory Instruments and Mr Nigel Dodds be added._(Rosemary McKenna, on behalf of the Committee of Selection.)

11 Coroners and Justice Bill: Reasons Committee

Bridget Prentice (Chairman) reported from the Committee appointed to draw up Reasons to be assigned to the Lords for disagreeing to certain of their Amendments to the Coroners and Justice Bill, That it had drawn up the following Reasons, which it had directed her to report to the House:

The Commons disagree to Lords Amendments 1 and 2 for the following Reason:

Because intercepted material and related communications data, and information about the circumstances in which they were obtained, should not be publicly disclosed.

The Commons disagree to Lords Amendment 55 for the following Reason:

Because sexual infidelity should never be a justification for reducing murder to manslaughter.

The Commons disagree to Lords Amendments 59, 119, 121, 236 and 239 for the following Reason:

Because section 29JA of the Public Order Act 1986 makes unnecessary provision.

The Commons disagree to Lords Amendment 216 for the following Reason:

Because it is consequential on Lords Amendment 2 to which the Commons disagree.

The Reasons were agreed to.

Message to the Lords to communicate the said Reasons, with the Bill and Amendments.

12 Public Petitions

A Public Petition from residents of the constituency of Northavon in South Gloucestershire relating to Equitable Life (Northavon) was presented and read by Steve Webb.

A Public Petition from residents of the constituency of Gravesham in the county of Kent relating to Equitable Life (Gravesham) was presented by Mr Adam Holloway.

A Public Petition from residents of the constituency of Hampstead and Highgate in Northwest London relating to Equitable Life (Hampstead and Highgate) was presented and read by Glenda Jackson.

13 Adjournment

Subject: Provision of acute services for mental health patients (Mr Charles Walker).

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Resolved, That this House do now adjourn._(Mary Creagh.)

[Adjourned at 10.53 pm until tomorrow. ]

Other proceedings

Lords Messages

14 Health Bill [Lords]

The Lords agree to a certain Amendment made by the Commons to the Health Bill [Lords], with consequential amendments to which they desire the agreement of the Commons; they agree without amendment to the remaining Amendments made by the Commons.

15 Local Democracy, Economic Development and Construction Bill [Lords]

The Lords agree without amendment to the Amendments made by the Commons to the Local Democracy, Economic Development and Construction Bill [Lords].

Printing of Lords Amendments

16 Health Bill [Lords]

Lords Agreement and Consequential Amendments to the Health Bill [Lords] to be considered tomorrow, and to be printed (Bill 162).

General Committees: Reports

17 First Delegated Legislation Committee

Mrs Joan Humble (Chairman) reported the draft Rail Vehicle Accessibility (Networks) Exemption Order 2009.

18 Third Delegated Legislation Committee

Mr Roger Gale (Chairman) reported the draft Ministry of Defence Police Appeals Tribunals Regulations 2009 and the draft Ministry of Defence Police (Conduct) Regulations 2009.

19 European Committee B in respect of European Union Document No. 13732/09, relating to An Operational Framework for the EU to Promote Aid Effectiveness

Mr Gary Streeter (Chairman) reported the following Resolution:

That the Committee takes note of European Union Document No. 13732/09, Commission/Presidency Paper on an operational framework for the EU to promote aid effectiveness; and calls on the Commission and Member States actively to implement its recommendations.

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 First Delegated Legislation Committee (Draft Rail Vehicle Accessibility (Networks) Exemption Order 2009)

Members: Mr Doug Henderson, Jane Kennedy, Mr Alan Milburn and Graham Stringer discharged and Alun Michael, Jessica Morden, Chris Ruane and Mr Tom Watson nominated in substitution.

21 Third Delegated Legislation Committee (Draft Ministry of Defence Police Appeals Tribunals Regulations 2009 and the draft Ministry of Defence Police (Conduct) Regulations 2009)

Members: Helen Southworth and John Reid discharged and Clive Efford and Stephen Pound nominated in substitution.

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Reports from Select Committees

22 Children, Schools and Families Committee

Sure Start Children's Centres: Evidence, to be printed (HC 799-ii) (Mr Barry Sheerman).

23 Committee on Issue of Privilege (Police Searches on Parliamentary Estate)

(1) Evidence, to be printed (HC 1040-iii);

(2) Written evidence, to be published

(Sir Menzies Campbell).

24 Communities and Local Government Committee

Beyond decent homes:

(1) Evidence, to be printed (HC 1054-ii);

(2) Written evidence, to be published

(Dr Phyllis Starkey).

25 Public Accounts (Committee of)

Promoting Participation with the Historic Environment: Evidence, to be printed (HC 1109-i) (Mr Edward Leigh).

26 Science and Technology Committee

Evidence Check: Literacy Interventions: Evidence taken before the Sub-Committee, to be printed (HC 1081-ii) (Mr Phil Willis).

27 Work and Pensions Committee

Decision-making and appeals in the benefits system: Evidence, to be printed (HC 1030-ii) (Mr Terry Rooney).

APPENDIX

Papers presented and delivered to the Votes and Proceedings Office on Friday 6 November 2009 under Standing Order No. 159:

Papers subject to Negative Resolution:

1 Environmental Protection

Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 (S.I., 2009, No. 2957), dated 5 November 2009 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Mr Pat McFadden).

2 Food

Materials and Articles in Contact with Food (England) (Amendment) Regulations 2009 (S.I., 2009, No. 2938), dated 3 November 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary Andy Burnham).

3 Stamp Duty

Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 12) 2009 (S.I., 2009, No. 2954), dated 5 November 2009 (by Act), with an Explanatory Memorandum (by Command) (Sarah McCarthy-Fry).

Papers presented or laid upon the Table on Monday 9 November 2009:

Papers subject to Negative Resolution:

4 Family Law

Child Support (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I., 2009, No. 2909), dated 2 November 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary Yvette Cooper).

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5 Pensions

Occupational and Personal Pension Schemes (Authorised Payments) Amendment Regulations 2009 (S.I., 2009, No. 2930), dated 2 November 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary Yvette Cooper).

6 Plant Health

Plant Health (Fees) (Forestry) (Amendment) Regulations 2009 (S.I., 2009, No. 2956), dated 30 October 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary Hilary Benn).

7 Security Industry

Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2006 (Amendment) Regulations 2009 (S.I., 2009, No. 2964), dated 4 November 2009 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Mr Secretary Woodward).

Other Papers:

8 Air Force (Constitution)

(1) Amendment List 16 to Air Publication 3376 vol. 1_Ground Trades Personnel and Non-Commissioned Aircrew_Terms and Conditions of Service (by Act) (Secretary Bob Ainsworth); and

(2) Amendment List 2 to Air Publication 3393_Officer Commissioning and Terms of Service (8th Edition) (by Act) (Secretary Bob Ainsworth).

9 Crime and Disorder

Report and Accounts of the Youth Justice Board for 2008^09, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 965) (Secretary Jack Straw).

10 Housing and Regeneration

Report and Financial Statements of the Homes and Communities Agency for 2008^09, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 976) (Secretary John Denham).

11 Planning

(1) Draft Overarching National Policy Statement for Energy (EN^1) (by Act) (Secretary Edward Miliband);

(2) Draft National Policy Statement for Fossil Fuel Electricity Generating Infrastructure (EN^2) (by Act) (Secretary Edward Miliband);

(3) Draft National Policy Statement for Renewable Energy Infrastructure (EN^3) (by Act) (Secretary Edward Miliband);

(4) Draft National Policy Statement for Gas Supply Infrastructure and Gas and Oil Pipelines (EN^4) (by Act) (Secretary Edward Miliband);

(5) Draft National Policy Statement for Electricity Networks Infrastructure (EN^5) (by Act) (Secretary Edward Miliband);

(6) Draft National Policy Statement for Nuclear Power Generation (EN^6) (by Act) (Secretary Edward Miliband); and

(7) Draft National Policy Statement for Ports (by Act) (Mr Sadiq Khan).

12 Treasury

Treasury Minute, dated 9 November 2009, concerning contingent liabilities arising from the use of the asset purchase facility (by Command) (Sarah McCarthy-Fry).

Withdrawn Papers:

13 Crime and Disorder

Report and Accounts of Youth Justice Board for 2008^09, with the Report of the Comptroller and Auditor General (by Act) (laid 20 July 2009).

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