House of Commons

House of Commons Votes and Proceedings
Tuesday
12th July 2011

No. 185

Tuesday 12 July 2011

The House met at 2.30 pm.

PRAYERS.

1 Questions to the Secretary of State for Health

2 Urgent Question: Southern Cross care homes (Paul Burstow)

3 Statement: Electricity Market Reform (Secretary Chris Huhne)

4 National Debt Cap: Motion for leave to bring in a Bill (Standing Order No. 23)

Motion made and Question proposed, That leave be given to bring in a Bill to set a legal cap on the amount of outstanding net Government debt as a percentage of gross domestic product; and for connected purposes.-(Sajid Javid.)

Motion opposed (Standing Order No. 23(1)).

Question put, and agreed to.

Ordered, That Sajid Javid, Mr Frank Field, Mark Garnier, Matthew Hancock, Joseph Johnson, Mr David Laws, Andrea Leadsom, Jesse Norman, Claire Perry, Mr John Redwood, Mr David Ruffley and Nicholas Soames present the Bill.

Sajid Javid accordingly presented the Bill.

Bill read the first time; to be read a second time on Friday 20 January 2012, and to be printed (Bill 218).

5 Sir Malcolm Jack KCB

Resolved, nemine contradicente, That Mr Speaker be requested to convey to Sir Malcolm Jack KCB, on his retirement from the office of Clerk of this House, the House’s gratitude for his long and distinguished career, for his wise contribution to the development of the procedure of the House and to close understanding among the Parliaments of the Commonwealth, for his leadership and professionalism in the discharge of his duties as chief executive of the House, and for the courteous and helpful advice always given to individual honourable Members.-(Sir George Young.)

6 Royal Assent

The Speaker reported that the Queen had signified Royal Assent to the following Acts under the Royal Assent Act 1967:

Sports Grounds Safety Authority Act 2011

Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011

Wreck Removal Convention Act 2011

Police (Detention and Bail) Act 2011

7 Public Bodies Bill [Lords]: Second Reading

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

Amendment moved, to leave out from ‘That’ to the end of the Question and add ‘this House, while agreeing that there needs to be a constant reassessment of the role, effectiveness and relevance of public bodies, declines to give a second reading to the Public Bodies Bill because it fails to provide a full and comprehensive plan for the reform of public bodies; regrets that Ministers have failed to properly cost reforms and identify savings, have failed to understand the important functions performed by some of the bodies affected by the Bill and therefore to provide for credible successor arrangements, have failed to consult properly on proposed reforms with the public and the bodies themselves, and have failed to undertake a proper impact assessment of each affected body; and considers that the overall effect of these failings has been that the House has been presented with legislative proposals which undermine the credibility of the proper processes of government.’.-(Tessa Jowell.)

Question put, That the Amendment be made.

The House divided.

Division No. 321.

Ayes: 231 (Tellers: Lilian Greenwood, Gregg McClymont).

Noes: 307 (Tellers: James Duddridge, Norman Lamb).

Question accordingly negatived.

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

Question agreed to.

Bill accordingly read a second time.

8 Public Bodies Bill [Lords] (Programme)

Motion made and Question put forthwith (Standing Order No. 83A(7)), That the following provisions shall apply to the Public Bodies Bill [Lords]:

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 13 October 2011.

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 any message from the Lords) may be programmed.-(Stephen Crabb.)

The House divided.

Division No. 322.

Ayes: 304 (Tellers: Stephen Crabb, Norman Lamb).

Noes: 229 (Tellers: Lilian Greenwood, Gregg McClymont).

Question accordingly agreed to.

9 Public Bodies Bill [Lords] (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 Public Bodies Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of-

(a) any expenditure incurred by a Minister of the Crown in consequence of the Act or an order under the Act; and

(b) any increase attributable to such an order in the sums which under any other Act are payable out of money so provided.-(Miss Chloe Smith.)

Question agreed to.

10 Public Bodies Bill [Lords] (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 Public Bodies Bill [Lords], it is expedient to authorise the making of provision under the Act in relation to income tax, corporation tax, capital gains tax, stamp duty, stamp duty reserve tax or stamp duty land tax in connection with a transfer of property, rights or liabilities by a scheme under the Act.-(Miss Chloe Smith.)

Question agreed to.

11 Statutory Instruments: Motions for Approval

(1) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Charities Act 2006 (Changes in Exempt Charities) Order 2011, which was laid before this House on 12 May, be approved.-(Miss Chloe Smith.)

Question agreed to.

(2) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2011, which were laid before this House on 12 May, be approved.-(Miss Chloe Smith.)

Question agreed to.

(3) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011, which were laid before this House on 13 May, be approved.-(Miss Chloe Smith.)

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

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

(4) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Co-operation in Public Protection Arrangements (UK Border Agency) Order 2011, which was laid before this House on 23 May, be approved.-(Miss Chloe Smith.)

Question agreed to.

(5) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Communications Act 2003 (Maximum Penalty for Contravention of Information Requirements) Order 2011, which was laid before this House on 23 May, be approved.-(Miss Chloe Smith.)

Question agreed to.

(6) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Renewable Heat Incentive (Amendment to the Energy Act 2008) Regulations 2011, which were laid before this House on 20 June, be approved.-(Miss Chloe Smith.)

Question agreed to.

(7) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Renewable Heat Incentive Regulations 2011, which were laid before this House on 20 June, be approved.-(Miss Chloe Smith.)

Question agreed to.

(8) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Equality Act 2010 (Specific Duties) Regulations 2011, which were laid before this House on 27 June, be approved.-(Miss Chloe Smith.)

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

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

12 European Semester of Economic Policy Co-ordination

Motion made and Question put forthwith (Standing Order No. 119(11)), That this House takes note of European Union Documents No. 11491/11, relating to a Commission communication on concluding the first European Semester of economic policy co-ordination, No. 11196/11, relating to a Draft Council Recommendation on the UK’s National Reform Programme 2011 and a Council opinion on its updated Convergence Programme for 2011–2014, and No. SEC(2011)736, relating to a Commission Staff Working Document on the assessment of the UK’s 2011 National Reform Programme and Convergence Programme; welcomes the Commission’s support for the Government’s efforts to reduce the deficit, which is consistent with the conclusions reached by the IMF and the OECD in their recent reviews of the UK economy; welcomes the conclusion of the first European Semester, but notes the Government’s maintenance of the scrutiny reserve at Council and European Council as part of its concerns about a timetable which has not permitted proper Parliamentary scrutiny; welcomes the Government’s intention to press for more timely publication of these documents in future; and welcomes the Government’s policy of securing assurances that the UK cannot be subject to sanctions in respect of the Stability and Growth Pact under existing Treaty provisions or proposed new legislation on economic governance.-(Miss Chloe Smith.)

Question agreed to.

13 Political and Constitutional Reform Committee

Ordered, That Yasmin Qureshi be added to the Political and Constitutional Reform Committee.-(Miss Chloe Smith.)

14 Adjournment

Subject: Youth unemployment in Walsall (Mr David Winnick).

Resolved, That this House do now adjourn.-(Miss Chloe Smith.)

Adjourned at 10.58 pm until tomorrow.

_________________

Other proceedings

Lords Messages

15 Police (Detention and Bail) Bill

The Lords agree to the Police (Detention and Bail) Bill without amendment.

General Committees: Reports

16 Health and Social Care (Re-committed) Bill Committee

Mr Mike Hancock (Chair) reported written evidence submitted to the Committee.

Written evidence to be published.

17 Legal Aid, Sentencing and Punishment of Offenders Bill Committee

Jim Sheridan (Chair) reported:

(1) That the Committee had come to the following Resolution, That, subject to the discretion of the Chair, any written evidence received by the Committee shall be reported to the House for publication; and

(2) written evidence.

Written evidence to be published.

18 Third Delegated Legislation Committee

Nadine Dorries (Chair) reported the draft Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011.

19 Fourth Delegated Legislation Committee

Mr Mike Weir (Chair) reported the draft International Tax Enforcement (Liberia) Order 2011, the draft International Tax Enforcement (Aruba) Order 2011, the draft International Tax Enforcement (Curaçao, Sint Maarten and BES Islands) Order 2011, the draft Double Taxation Relief and International Tax Enforcement (South Africa) Order 2011 and the draft Double Taxation Relief and International Tax Enforcement (Mauritius) Order 2011.

20 Fifth Delegated Legislation Committee

Mr David Amess (Chair) reported the draft Disclosure of State Pension Credit Information (Warm Home Discount) Regulations 2011.

21 European Committee B in respect of European Union Document COM (2011) 149, relating to consular protection for EU citizens in third countries

Martin Caton (Chair) reported the following Resolution:

That the Committee takes note of European Union Document COM (2011) 149, relating to consular protection for EU citizens in third countries; recalls that such Communications are not legally binding; underlines that the competence for consular protection remains with Member States; and agrees with the Government’s approach to the EU’s consular work.

General Committees: Appointments

The Speaker appoints the Chair of General Committees and members of Programming Sub-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).

22 Third Delegated Legislation Committee (Draft Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011)

Members: Mr Robert Syms discharged and Kwasi Kwarteng nominated in substitution.

23 Fifth Delegated Legislation Committee (Draft Disclosure of State Pension Credit Information (Warm Home Discount) Regulations 2011)

Members: Mr David Anderson, Luciana Berger and Andrew George discharged and Mr Alan Campbell, Huw Irranca-Davies and Greg Mulholland nominated in substitution.

24 Eighth Delegated Legislation Committee (Draft International Renewable Energy Agency (Legal Capacities) Order 2011)

Members: Mike Weatherley discharged and David Tredinnick nominated in substitution.

Reports from Select Committees

25 Business, Innovation and Skills Committee

(1) The Future of Higher Education: Written evidence, to be published;

(2) Draft Groceries Code Adjudicator Bill: Written evidence, to be published

(Mr Adrian Bailey).

26 Culture, Media and Sport Committee

(1) Spectrum: Written evidence, to be published;

(2) DCMS 2011–12 Main Estimate Memorandum: Written evidence, to be published

(Mr John Whittingdale).

27 Education Committee

Participation by 16–19 year olds in education and training:

(1) Fourth Report, to be printed, with the Formal Minutes relating to the Report (HC 850-I and -II);

(2) Written evidence, to be published

(Mr Graham Stuart).

28 Health Committee

Public Health: Evidence, to be printed (HC 1048-iv) (Mr Stephen Dorrell).

29 Home Affairs Committee

(1) The New Landscape of Policing: Evidence, to be printed (HC 939-viii);

(2) Unauthorised tapping into or hacking of mobile communications: Evidence, to be printed (HC 907-v)

(Keith Vaz).

30 Human Rights (Joint Committee on)

(1) The Implementation of the Right of Disabled People to Independent Living:

(i) Evidence, to be printed (HC 1074-v);

(ii) Written evidence, to be published;

(2) Legislative Scrutiny: Written evidence, to be published

(Dr Hywel Francis).

31 International Development Committee

(1) The Humanitarian Response to the Pakistan Floods: Government Response to the Seventh Report from the Committee, Session 2010–12: Sixth Special Report, to be printed (HC 1435);

(2) Working Effectively in Fragile and Conflict-Affected States: DRC, Rwanda and Burundi: Evidence, to be printed (HC 1133-i)

(Malcolm Bruce).

32 Justice Committee

The role of the probation service: Eighth Report, with written evidence, to be printed, with the Formal Minutes relating to the Report, and written evidence reported and ordered to be published on 12 October 2010, 8 March and 7 June (HC 519-I and -II) (Sir Alan Beith).

33 Public Administration (Select Committee on)

Good Governance and Civil Service Reform:End of Term’ report on Whitehall plans for structural reform: Eleventh Report, with an Appendix and written evidence, to be printed, with the Formal Minutes relating to the Report (HC 901) (Mr Bernard Jenkin).

34 Standards and Privileges (Committee on)

(1) Leaks relating to the case of Mr David Laws: Seventeenth Report, to be printed, with the Formal Minutes relating to the Report (HC 1433);

(2) John Healey: Eighteenth Report, with Appendices, to be printed, with the Formal Minutes relating to the Report (HC 1374)

(Mr Kevin Barron).

35 Transport Committee

(1) Taxis and private hire vehicles: the road to reform:

(i) Seventh Report, to be printed, with the Formal Minutes relating to the Report (HC 720);

(ii) Written evidence, to be published;

(2) Bus Services after the Spending Review:

(i) Eighth Report, to be printed, with the Formal Minutes relating to the Report (HC 750);

(ii) Written evidence, to be published;

(3) High Speed Rail:

(i) Evidence, to be printed (HC 1185-iii);

(ii) Written evidence, to be published

(Mrs Louise Ellman).

36 Treasury Committee

(1) Administration and effectiveness of HM Revenue and Customs:

(i) Sixteenth Report, to be printed, with the Formal Minutes relating to the Report (HC 731);

(ii) Written evidence, to be published;

(2) Draft European Directive on a Common Consolidated Corporate Tax Base: Written evidence, to be published

(Mr Andrew Tyrie).

[WH, No. 121]

Sitting in Westminster Hall

The sitting began at 9.30 am.

Adjournment

Subjects:

Future of the UK train building industry (Nigel Mills).

Housing market renewal (Luciana Berger).

Drivers and diabetes (John Thurso).

Effects of public spending reductions on women in Coventry (Mr Geoffrey Robinson).

Cost of benefits claimed by nationals of other EU member states working in the UK (Mrs Anne Main).

Resolved, That the sitting be now adjourned.-(Mrs Theresa Villiers.)

Adjourned at 1.59 pm until tomorrow.

APPENDIX

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1 Tribunals and Inquiries

Draft First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary Kenneth Clarke).

Papers subject to Negative Resolution:

2 Harbours, Docks, Piers and Ferries

(1) Portland (The London 2012 Olympic and Paralympic Games) Harbour Revision Order 2011 (S.I., 2011, No. 1693), dated 7 July 2011 (by Act), with an Explanatory Memorandum (by Command) (Secretary Philip Hammond); and

(2) Weymouth (The London 2012 Olympic and Paralympic Games) Harbour Revision Order 2011 (S.I., 2011, No. 1694), dated 7 July 2011 (by Act), with an Explanatory Memorandum (by Command) (Secretary Philip Hammond).

3 Rating and Valuation

(1) Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (England) (No. 2) Regulations 2011 (S.I., 2011, No. 1665), dated 7 July 2011 (by Act), with an Explanatory Memorandum (by Command) (Secretary Eric Pickles); and

(2) Non-Domestic Rating (Small Business Rate Relief) (England) (Amendment) Order 2011 (S.I., 2011, No. 1664), dated 7 July 2011 (by Act), with an Explanatory Memorandum (by Command) (Secretary Eric Pickles).

Other Papers:

4 Apprenticeship, Skills, Children and Learning

Report and Accounts of Qualification and Curriculum Development Agency for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 1260) (Secretary Michael Gove).

5 Audit Commission

Report and Accounts of Audit Commission for Local Authorities and the National Health Service in England for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 1189) (Secretary Eric Pickles).

6 Broadcasting

Report, Accounts and Full Financial Statements of the BBC for 2010–11 (by Command) (Secretary Jeremy Hunt).

7 Constitutional Reform

Report of the Judicial Appointments and Conduct Ombudsman for 2010–11 (by Act) (Secretary Kenneth Clarke).

8 Energy and Climate Change

Planning our electric future: a White Paper for secure, affordable and low-carbon electricity (by Command) (Cm. 8099) (Secretary Chris Huhne).

9 Exchequer and Audit Departments

Television Licence Fee Trust Statement of British Broadcasting Corporation for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 1234) (Secretary Jeremy Hunt).

10 Foreign Affairs

Government Response to the Seventh Report from the Foreign Affairs Committee, Session 2010–12, on the Role of the FCO in UK Government (by Command) (Cm. 8125) (Secretary William Hague).

11 Gangmasters (Licensing)

Report and Accounts of Gangmasters Licensing Authority for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 1221) (Secretary Caroline Spelman).

12 Government Resources and Accounts

(1) Report and Accounts of Food Standards Agency Westminster for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 994) (Mark Hoban);

(2) Report and Accounts of National School of Government for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 977) (Mark Hoban);

(3) Report and Accounts of Office of Fair Trading for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 996) (Mark Hoban);

(4) Report and Accounts of Tribunals Service for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 1245) (Secretary Kenneth Clarke); and

(5) Report and Consolidated Accounts of Food Standards Agency for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 995) (Mark Hoban).

13 Government Trading Funds

Report and Accounts of Buying Solutions for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 1151) (Clerk of the House).

14 Health

Department of Health Memorandum to the Health Committee on Post-Legislative Assessment of the Health Act 2006 (by Command) (Cm. 8115) (Mr Secretary Lansley).

15 Higher Education

Report and Accounts of Arts and Humanities Research Council for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 1265) (Secretary Vince Cable).

16 Home Office

CONTEST: The United Kingdom’s Strategy for Countering Terrorism (by Command) (Cm. 8123) (Secretary Theresa May).

17 Justice

Consultation on reforms proposed in the Public Bodies Bill (by Command) (Cm. 8116) (Secretary Kenneth Clarke).

18 National Audit

Report by the Comptroller and Auditor General on Identifying and meeting central government’s skills requirements (by Act); to be printed (HC 1276) (Clerk of the House).

19 National Health Service

(1) Report and Accounts of NHS Direct National Health Service Trust for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 1114) (Mr Secretary Lansley);

(2) Report and Accounts of NHS Institute for Innovation and Improvement for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 1283) (Mr Secretary Lansley); and

(3) Report and Financial Statements of Royal Berkshire NHS Foundation Trust for 2010–11 (by Act) (Mr Secretary Lansley).

20 National Loans

Report and Accounts of Public Works Loan Board for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 1072) (Danny Alexander).

21 Nursing and Midwifery

(1) Fitness to Practise Report of Nursing and Midwifery Council for 2010–11 (by Statutory Instrument) (Mr Secretary Lansley); and

(2) Report and Accounts of Nursing and Midwifery Council for 2010–11, with the Report of the Comptroller and Auditor General (by Statutory Instrument); to be printed (HC 1390) (Mr Secretary Lansley).

22 Office of Communications

Report and Accounts of the Office of Communications (Ofcom) for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 1094) (Secretary Vince Cable).

23 Parliamentary Commissioner

(1) Report of the Parliamentary and Health Service Ombudsman for 2010–11 (by Act); to be printed (HC 1404) (Clerk of the House); and

(2) Resource Accounts of the Parliamentary and Health Service Ombudsman for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 1405) (Clerk of the House).

24 Pensions

Report and Accounts of the Pensions Ombudsman and the Pension Protection Fund Ombudsman for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 1121) (Secretary Iain Duncan Smith).

25 Railways

Report and Accounts of Passenger Focus for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 1219) (Secretary Philip Hammond).

26 Transport

Report and Accounts of British Waterways for 2010–11 (by Act) (Secretary Caroline Spelman).

27 Work and Pensions

Government Response to the consultation on Strengthening families, promoting parental responsibility: the future of child maintenance (by Command) (Cm. 8130) (Secretary Iain Duncan Smith).

Withdrawn Papers:

28 Tribunals and Inquiries

Draft First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (laid 27 June 2011).

Prepared 2nd February 2015