Commons Journal 266

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[No. 5 Wednesday 25 November 2009 ]

The house met at 11.30 am.

PRAYERS.

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

(2) the Prime Minister

2 Statement: (1) Indemnity to Bank of England (Chancellor of the Exchequer)

(2) Scotland's future in the UK (Secretary Jim Murphy)

3 Personal Care at Home Bill: Presentation (Standing Order No. 57)

Secretary Andy Burnham, supported by the Prime Minister, Mr Chancellor of the Exchequer, Secretary Alan Johnson, Secretary John Denham, Secretary Ed Balls, Secretary Yvette Cooper and Mr Phil Hope, presented a Bill to amend section 15 of the Community Care (Delayed Discharges etc.) Act 2003 so as to remove the restriction on the period for which personal care may be provided free of charge to persons living at home; and to make consequential provision.

Bill read the first time; to be read a second time tomorrow, and to be printed (Bill 11) with Explanatory Notes (Bill 11-EN)

4 Queen's Speech (Motion for an Address) (fifth day)

Debate resumed (Order, 24 November).

Question again proposed, That an humble Address be presented to Her Majesty, as follows:

Most Gracious Sovereign,

We, Your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom of Great Britain and Northern Ireland in Parliament assembled, beg leave to offer our humble thanks to Your Majesty for the Gracious Speech which Your Majesty has addressed to both Houses of Parliament.

Amendment proposed, at end of the Question to add `but humbly regret that the Gracious Speech fails to offer answers to the growing social challenges facing the United Kingdom, and proposes no new ideas about ending the culture of deprivation and welfare dependency in many parts of the country or on dealing with the growing level of economic inactivity; note that it offers no fresh solutions to the challenge of anti-social behaviour in communities around the country, nor does it reform the licensing system to tackle alcohol-fuelled disorder; and further regret that after 12 years in power the Government brings forward no new approaches to the challenges the country faces.'. _(Chris Grayling.)

Question proposed, That the Amendment be made.

5 Deferred divisions

The Deputy Speaker announced the result of the division which had been deferred to this day (Standing Order No. 41A).

Adjournment (Christmas),_That this House, at its rising on Wednesday 16 December 2009, do adjourn till Tuesday 5 January 2010.

Division No. 1.

Ayes: 273.

Noes: 198.

Question accordingly agreed to.

6 Queen's Speech (Motion for an Address) (fifth day) (resumed)

Question again proposed, That the Amendment be made.

Mr Patrick McLoughlin claimed to move the closure (Standing Order No. 36).

Question put, That the Question be now put.

Question agreed to.

Question accordingly put, That the Amendment be made.

The House divided.

Division No. 2.

Ayes: 235 (Tellers: Mr Stephen Crabb, Bill Wiggin).

Noes: 335 (Tellers: Helen Jones, Mrs Sharon Hodgson).

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Question accordingly negatived.

Since it was after 7.00 pm, the debate stood adjourned.

Ordered, That the debate be resumed tomorrow.

7 Business of the House

Ordered, That, at the sitting on Tuesday 1 December, notwithstanding the provisions of Standing Order No. 16 (Proceedings under an Act or on European Union documents), the Speaker shall put the Questions necessary to dispose of proceedings on the Motion in the name of Sarah McCarthy-Fry relating to European Financial Services Proposals not later than three hours after their commencement; proceedings may continue, though opposed, after the moment of interruption; and Standing Order No. 41A (Deferred divisions) shall not apply._(Steve McCabe.)

8 Sittings of the House

Motion made, That_

(1) Standing Order No. 14 (Arrangement of public business) shall have effect for this Session with the following modifications, namely:

In paragraph (4) the word `eight' shall be substituted for the word `thirteen' in line 42 and in paragraph (5) the word `fifth' shall be substituted for the word `eighth' in line 44;

(2) Standing Order No. 90 (Second reading committees) shall have effect for this Session with the following modification, namely:

In paragraph (2) the word `fifth' shall be substituted for the word `eighth' in line 21; and

(3) Private Members' Bills shall have precedence over Government business on 29 January; 5 and 26 February; 5 and 12 March; 23 and 30 April; and 7 May._(Steve McCabe.)

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

9 Public Petitions

A Public Petition from members of the Federation of Small Businesses and others relating to Future of small shops was presented and read by Andrew Selous.

A Public Petition from residents of the constituency of Portsmouth South relating to Equitable Life (Portsmouth South) was presented and read by Mr Mike Hancock.

A Public Petition from residents of the constituency of Kingston and Surbiton and others relating to Equitable Life (Kingston and Surbiton) was presented by Mr Edward Davey.

10 Adjournment

Subject: Adoption and custody of children in Suffolk (Mr Tim Yeo).

Resolved, That this House do now adjourn._(Steve McCabe.)

[Adjourned at 7.45 pm until tomorrow. ]

Other proceedings

Lords Messages

11 Private Bills: City of Westminster Bill [Lords]

The Lords communicate that they have come to the following resolution in respect of the City of Westminster Bill [Lords] to which they desire the agreement of the Commons_

That the promoters of the City of Westminster Bill [Lords] which was originally introduced in this House last session on 22 January 2009 should have leave to proceed with the Bill in the current session in accordance with the provisions of Private Business Standing Order 150B (Revival of Bills).

12 Private Bills: Transport for London (Supplemental Toll Provisions) Bill [Lords]

The Lords communicate that they have come to the following resolution in respect of the Transport for London (Supplemental Toll Provisions) Bill [Lords] to which they desire the agreement of the Commons_

That the promoters of the Transport for London (Supplemental Toll Provisions) Bill [Lords] which was originally introduced in this House in session 2006-07 on 22 January 2007 should have leave to proceed with the Bill in the current session in accordance with the provisions of Private Business Standing Order 150B (Revival of Bills).

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13 Private Bills: Beverley Freemen Bill [Lords]

The Lords communicate that they have passed a Bill to re-state and extend the categories of person entitled by birthright to be enrolled as a Freeman of Beverley; to extend the area within which entitlement to be a Pasture Freeman may arise; to modify legislation relating to such entitlement; and for related purposes; to which they desire the agreement of the Commons.

14 Consolidation etc Bills

The Lords communicate that they have appointed a Committee consiting of twelve Lords to join with the Committee appointed by the Commons as the Joint Committee on Consolidation etc. Bills.

15 Human Rights

The Lords communicate that they have appointed a Committee consisting of six Lords to join with a Committee appointed by the Commons as the Joint Committee on Human Rights.

16 Statutory Instruments

The Lords communicate that they have appointed a Committee consisting of seven Lords to join with a Committee appointed by the Commons as the Joint Committee on Statutory Instruments.

17 Tax Law Rewrite Bills

The Lords communicate that they have appointed a Committee consisting of six Lords to join with a Committee appointed by the Commons as the Joint Committee on Tax Law Rewrite Bills.

Private Business

18 Beverley Freemen Bill [Lords]

Bill read the first time; and referred to the Examiners of Petitions for Private Bills.

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).

19 First Delegated Legislation Committee (Draft Census (England and Wales) Order 2009)

(1) Chairman: Mr Roger Gale

(2) Members: Mr Bob Blizzard, Michael Fabricant, Mr Bruce George, Mr Fabian Hamilton, Mr Nick Hurd, Mr Fraser Kemp, Mr Ian Liddell-Grainger, John McDonnell, Andrew Mackinlay, Mr Alan Milburn, Sir Malcolm Rifkind, Dan Rogerson, Lindsay Roy, Angela E. Smith, Mr Hugo Swire and Hywel Williams.

20 Second Delegated Legislation Committee (Draft European Communities (Definition of Treaties) (Stabilisation and Association Agreement) (Republic of Montenegro) Order 2009)

(1) Chairman: Mr Nigel Evans

(2) Members: Hilary Armstrong, Mr Edward Davey, Mr Mark Francois, Mr John Greenway, Mr Mark Hendrick, David Heyes, Alan Keen, Jane Kennedy, Mr Ivan Lewis, Fiona Mactaggart, Mr Humfrey Malins, Mr Brooks Newmark, Mr John Redwood, Martin Salter, Andrew Stunell and Mark Tami.

21 Third Delegated Legislation Committee (Draft Criminal Defence Service (Representation Orders) (Amendment) Regulations 2009, the draft Criminal Defence Service (Contribution Orders) Regulations 2009 and the draft Criminal Defence Service (Representation Orders: Appeals etc.) (Amendment) Regulations 2009)

(1) Chairman: Mr George Howarth

(2) Members: Mr David Burrowes, Mr Ian Cawsey, Mr James Gray, Mr Mike Hall, Paul Holmes, Kelvin Hopkins, David Howarth, Dr Brian Iddon, Mr Michael Jack, Helen Jones, Mr Ian McCartney, Patrick Mercer, Bridget Prentice, Kitty Ussher, Jeremy Wright and Derek Wyatt.

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22 Fourth Delegated Legislation Committee (Draft Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009)

(1) Chairman: Mr Eric Martlew

(2) Members: Mr Michael Ancram, Tony Baldry, Peter Bottomley, David Cairns, Tim Farron, Mr Tom Harris, Mr Stephen Hepburn, Eric Joyce, Mr Fraser Kemp, Dr Ashok Kumar, Miss Anne McIntosh, Mr Michael Meacher, Dan Norris, Angela Watkinson, Mr Roger Williams and David Wright.

23 Fifth Delegated Legislation Committee (Draft Legal Services Act 2007 (Functions of an Approved Regulator) Order 2009 and the draft Legal Services Act 2007 (Consequential Amendments) Order 2009)

(1) Chairman: Ann Winterton

(2) Members: Mr Henry Bellingham, Tom Brake, Harry Cohen, Mr David Crausby, Mr David Curry, Mr Stephen Dorrell, Caroline Flint, Nigel Griffiths, Mr Mike Hall, Mr John Horam, David Howarth, Helen Jones, Mrs Anne McGuire, Julie Morgan, Bridget Prentice and Jeremy Wright.

24 Sixth Delegated Legislation Committee (Draft Social Security (Contributions Credits for Parents and Carers) Regulations 2009)

(1) Chairman: John Cummings

(2) Members: Mr Peter Ainsworth, Mr John Baron, John Battle, Ben Chapman, Angela Eagle, Mr Roger Godsiff, Mrs Sharon Hodgson, Mr Douglas Hogg, Beverley Hughes, Sandra Osborne, Paul Rowen, Chloe Smith, John Smith, Mr Nigel Waterson, Steve Webb and Mr Anthony Wright.

25 Seventh Delegated Legislation Committee (Draft Distribution (Excluded Companies) Regulations 2009 and the draft Tax Credits (Excluded Companies) Regulations 2009)

(1) Chairman: Mr Clive Betts

(2) Members: Mr Jeremy Browne, Dr Vincent Cable, Jon Cruddas, Mrs Claire Curtis-Thomas, James Duddridge, Mr David Gauke, Mr Dai Havard, Mrs Sia®n C. James, Mr Peter Lilley, Mr George Mudie, Mr Denis Murphy, Alison Seabeck, Nicholas Soames, Helen Southworth, Mr Stephen Timms and David Tredinnick.

26 Eighth Delegated Legislation Committee (Draft Health Professions (Hearing Aid Dispensers) Order 2009)

(1) Chairman: Mr David Amess

(2) Members: Charlotte Atkins, Mr Richard Bacon, Ms Karen Buck, Mary Creagh, Mr Jim Cunningham, Mr Michael Fallon, Barry Gardiner, Mr Adam Holloway, Ann Keen, Norman Lamb, Siobhain McDonagh, Anne Milton, Greg Mulholland, Mr Nick Raynsford, Malcolm Wicks and Mr Rob Wilson.

27 European Committee A in respect of European Union Document No. 13183/09, relating to Stepping up International Climate Finance: a European Blueprint for the Copenhagen Deal.

Chairman: Mr Mike Weir.

28 European Committee A in respect of European Union Document No. 11892/09, relating to Measures to safeguard security of gas supply

Members: Mr Adrian Bailey, Malcolm Bruce, Mr William Cash, Colin Challen, Charles Hendry, Martin Horwood, Mr David Kidney, Anne Main, James Purnell, Mr Geoffrey Robinson, Mr John Spellar, Emily Thornberry and Bill Wiggin.

29 European Committee A in respect of European Union Document No. 14738/09 and Addendum, relating to the draft Council Regulation on Fisheries Catch Quotas for 2010

Members: Mr Richard Benyon, Mr Colin Breed, Colin Burgon, Mr Geoffrey Cox, Mr Fabian Hamilton, Mr Lindsay Hoyle, Huw Irranca-Davies, Dr Ashok Kumar, Mr Angus MacNeil, Mr John Spellar, Mr Anthony Steen, Dr Gavin Strang and Angela Watkinson.

European Union Documents Referred

30 European Committee B

Unnumbered Explanatory Memorandum dated 11 November 2009, submitted by the Home Office, relating to an agreement between the European Union and Japan on the mutual legal assistance in criminal matters.

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Reports from Select Committees

31 Environment, Food and Rural Affairs Committee

Appointment of the Chair of Natural England: First Report, with evidence and appendices, to be printed, with the Formal Minutes relating to the Report (HC 68) (Mr Michael Jack).

32 European Scrutiny Committee

(1) Second Report, to be printed, with the Formal Minutes relating to the Report (HC 5-ii);

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

(Michael Connarty).

33 Foreign Affairs Committee

The Work of the Committee in 2008-09: First Report, to be printed, with the Formal Minutes relating to the Report (HC 87) (Mike Gapes).

34 International Development Committee

DFID Annual Report 2009 and DFID White Paper 2009: Evidence, to be printed (HC 48-ii) (Malcolm Bruce).

35 Liaison Committee

Estimates Day: Recommendation for the allocation of time for the consideration of Estimates on the first allotted day in the present session (Standing Order No. 145) as follows:

That a day not later than 6 February be allotted for the consideration of the following Votes on Account for financial year 2010-11:

Department for Communities and Local Government, in so far as it relates to the relationship between central and local government

Department for Business, Innovation and Skills, in so far as it relates to students and universities

(Mr Alan Williams).

36 Northern Ireland Affairs Committee

(1) The work of the Committee in 2008-09: First Report, to be printed, with the Formal Minutes relating to the Report (HC 90);

(2) Omagh_a decade after the bombing: Written evidence, to be published;

(3) Television Broadcasting: Written evidence, to be published;

(4) Winter Supplementary Estimates: Written evidence, to be published

(Sir Patrick Cormack).

37 Public Accounts (Committee of)

Young people's sexual health: the National Chlamydia Screening Programme: Evidence, to be printed (HC 80-i) (Mr Edward Leigh).

38 Science and Technology Committee

(1) Evidence Check: Homeopathy:

(i) Evidence taken before the Sub-Committee, to be printed (HC 45-i);

(ii) Written evidence, to be published;

(2) Evidence Check: Literacy Interventions: Written evidence, to be published;

(3) Evidence Check: Government responses to questions from the Innovation, Universities, Science and Skills Committee: Written evidence, to be published

(Mr Phil Willis).

39 Scottish Affairs Committee

(1) The work of the Committee in 2008-09: First Report, to be printed, with the Formal Minutes relating to the Report (HC 71);

(2) Banking in Scotland: Evidence, to be printed (HC 70-i);

(3) Correspondence with the Department of Energy and Climate Change: Written evidence, to be published

(Mr Mohammad Sarwar).

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40 Transport Committee

Priorities for investment in the railways: Evidence, to be printed (HC 38-i) (Mrs Louise Ellman).

41 Treasury Committee

Financial Services Authority Annual Report 2008-09: Evidence, to be printed (HC 35-i) (John McFall).

APPENDIX

Papers presented or laid upon the Table:

Draft Legislative Reform Order:

1 Regulatory Reform

Draft Legislative Reform (Industrial and Provident Societies and Credit Unions) Order 2010 (by Act), with an Explanatory Document recommending the super-affirmative resolution procedure (Sarah McCarthy-Fry).

Papers subject to Affirmative Resolution:

2 Criminal Law

Draft Criminal Justice Act 2003 (Mandatory Life Sentence: Determination of Minimum Term) Order 2009 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary Jack Straw).

3 Immigration

Draft Immigration (Biometric Registration) (Amendment No. 2) Regulations 2009 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary Alan Johnson).

4 Rating and Valuation

Draft Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2009 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary John Denham).

Papers subject to Negative Resolution:

5 Medicines

(1) Medicines (Exemptions and Miscellaneous Amendments) Order 2009 (S.I., 2009, No. 3062), dated 19 November 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary Andy Burnham); and

(2) Medicines for Human Use (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I., 2009, No. 3063), dated 19 November 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary Andy Burnham).

6 Prisons

Prison and Young Offender Institution (Amendment) Rules 2009 (S.I., 2009, No. 3082), dated 23 November 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary Jack Straw).

7 Provision of Services

Provision of Services (Insolvency Practitioners) Regulations 2009 (S.I., 2009, No. 3081), dated 23 November 2009 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Mr Pat McFadden).

Other Papers:

8 Government Resources and Accounts (Audit of Non-profit-making Companies)

Report and Accounts of The Yorkshire and Humber Sustainable Futures Company Limited, with the Report of the Comptroller and Auditor General for 2008-09 (by Statutory Instrument); to be printed (HC 9) (Mr Pat McFadden).

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9 Justice (Northern Ireland)

Evaluation of the West Belfast Community Safety Forum (by Act) (Mr Secretary Woodward).

10 National Audit

Report of the Comptroller and Auditor General on Procurement of Criminal Legal Aid in England and Wales by the Legal Services Commission (by Act); to be printed (HC 29) (Clerk of the House).

11 National Savings Bank

Accounts of National Savings Bank: Ordinary Deposits for 2008-09, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 32) (Clerk of the House).

12 Scotland

Scotland's Future in the United Kingdom: Building on ten years of Scottish devolution (by Command) (Cm. 7738) (Secretary Jim Murphy).

Withdrawn Papers:

13 Immigration

Draft Immigration (Biometric Registration) (Amendment No. 2) Regulations 2009 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary Alan Johnson) (laid 2 November 2009).

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