House of Commons Votes and Proceedings
Wednesday
14th September 2011

No. 199

Wednesday 14 September 2011

The House met at 11.30 am.

PRAYERS.

1 Private Bills [Lords]: Transport for London (Supplemental Toll Provisions) Bill [Lords]: Second Reading

Ordered, That the Bill be read a second time on Wednesday 12 October.

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

(2) the Prime Minister

3 Provision of Hydration and Nutrition for the Terminally Ill: 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 guarantee the right to provision of hydration and nutrition for terminally ill people; and for connected purposes.-(Dr Thérèse Coffey.)

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

Question put, and agreed to.

Ordered, That Dr Thérèse Coffey, Andrea Leadsom, Penny Mordaunt, Harriett Baldwin, Jim Dobbin, Thomas Docherty, Mr Andrew Turner and Dr Julian Lewis present the Bill.

Dr Thérèse Coffey accordingly presented the Bill.

Bill read the first time; to be read a second time on Friday 25 November, and to be printed (Bill 230).

4 Energy Bill [Lords]: Consideration of the Bill, as amended in the Public Bill Committee

New Clause NC10-(Gregory Barker)-brought up, read the first and second time, and added to the Bill.

New Clause NC11-(Charles Hendry)-brought up, read the first and second time, and added to the Bill.

New Clause NC12-(Charles Hendry)-brought up, read the first and second time, and added to the Bill.

New Clause NC13-(Charles Hendry)-brought up, read the first and second time, and added to the Bill.

5 Deferred divisions

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

Access to a Lawyer,-That this House takes note of European Union Document No. 11497/11 and Addenda 1 and 2 relating to the Draft Directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest; and supports the Government’s recommendation not to opt into the Directive in accordance with Protocol (No. 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice to the Treaty on European Union and the Treaty on the Functioning of the European Union.

Division No. 350.

Ayes: 303.

Noes: 192.

Question accordingly agreed to.

6 Energy Bill [Lords]: Consideration of the Bill, as amended in the Public Bill Committee (resumed)

New Clause NC1-(Luciana Berger)-brought up, and read the first time.

Question proposed, That the Clause be read a second time.

At 6.00 pm, the debate was interrupted (Programme Order, 10 May).

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

(1) That New Clause NC1 be read a second time (Question already proposed from the Chair).

The House divided.

Division No. 351.

Ayes: 229 (Tellers: Lilian Greenwood, Mr David Anderson).

Noes: 300 (Tellers: Jeremy Wright, Mark Hunter).

Question accordingly negatived.

(2) That Amendments 29 to 36 be made (single Question on Amendments moved by a Minister of the Crown).-(Secretary Chris Huhne.)

Question agreed to.

(3) That Amendment 4 be made (Amendment selected by the Speaker for separate decision).-(Mr John Leech.)

The House divided.

Division No. 352.

Ayes: 128 (Tellers: Mr John Leech, Tessa Munt).

Noes: 278 (Tellers: Jeremy Wright, Mr Robert Goodwill).

Question accordingly negatived.

(4) That Amendment 47 be made (Amendment selected by the Speaker for separate decision).-(Luciana Berger.)

The House divided.

Division No. 353.

Ayes: 219 (Tellers: Lilian Greenwood, Mr David Anderson).

Noes: 281 (Tellers: Mark Hunter, Jeremy Wright).

Question accordingly negatived.

(5) That Amendments 37 to 44 be made (single Question on remaining Amendments moved by a Minister of the Crown).-(Secretary Chris Huhne.)

Question agreed to.

Title accordingly amended, as follows: A Bill to make provision for the arrangement and financing of energy efficiency improvements to be made to properties by owners and occupiers; about the energy efficiency of properties in the private rented sector; about the promotion by energy companies of reductions in carbon emissions and home-heating costs; about information relating to energy consumption, efficiency and tariffs; for increasing the security of energy supplies; about access to upstream petroleum infrastructure and downstream gas processing facilities; about a special administration regime for energy supply companies; about designations under the Continental Shelf Act 1964; about licence modifications relating to offshore transmission and distribution of electricity; about the security of nuclear construction sites; about the decommissioning of nuclear sites and offshore infrastructure; for the use of pipelines for carbon capture and storage; for an annual report on contribution to carbon emissions reduction targets; for action relating to the energy efficiency of residential accommodation in England; for the generation of electricity from renewable sources; about renewable heat incentives in Northern Ireland; about the powers of the Coal Authority; for an amendment of section 137 of the Energy Act 2004; for the amendment and repeal of measures relating to home energy efficiency; and for connected purposes.

7 Energy Bill [Lords]: Third Reading

Secretary Chris Huhne signified Queen’s consent, as far as Her Majesty’s interest is concerned.

Secretary Chris Huhne signified Prince of Wales’s consent, as far as his interest is concerned.

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

At 7.00 pm, the debate was interrupted (Programme Order, 10 May).

Question, That the Bill be now read the third time, put forthwith (Standing Order No. 83E).

Question agreed to.

Bill accordingly read the third time, and passed with Amendments.

8 Statutory Instruments: Motions for Approval

(1) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) (Amendment) Order 2011, which was laid before this House on 4 July, be approved.-(Mr Mark Francois.)

Question agreed to.

(2) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Weights and Measures (Specified Quantities) (Unwrapped Bread and Intoxicating Liquor) Order 2011, which was laid before this House on 5 July, be approved.-(Mr Mark Francois.)

Question agreed to.

9 Draft Financial Services Bill (Joint Committee)

Resolved, That this House concurs with the Lords Message of 13 September that, notwithstanding the Resolution of this House of 18 July, it be an instruction to the Joint Committee on the Financial Services Bill that it should report on the draft Bill by 16 December.-(Mr Mark Francois.)

10 Delegated Legislation

Motion made, That the motions in the name of Sir George Young relating to the Electoral Commission and the Local Government Boundary Commission for England shall be treated as if they related to instruments subject to the provisions of Standing Order No. 118 (Delegated Legislation Committees) in respect of which notice has been given that the instruments be approved.-(Mr Mark Francois.)

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

11 Public Petitions

A Public Petition from residents of Dartford and readers of the Dartford Messenger newspaper relating to Dartford Crossing tolls was presented and read by Gareth Johnson.

A Public Petition from residents of Great Harwood, Lancashire and others relating to Great Harwood Household Waste Recycling Centre (Lancashire) was presented and read by Graham Jones.

12 Adjournment

Subject: Government policy on fuel poverty (John Robertson).

Motion made and Question proposed, That this House do now adjourn.-(Mr Robert Syms.)

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

Adjourned at 7.34 pm until tomorrow.

_________________

Other proceedings

Lords Messages

13 Police Reform and Social Responsibility Bill

The Lords do not insist on their amendments to the Police Reform and Social Responsibility Bill to which the Commons have disagreed, agree without amendment to the amendments proposed by the Commons in lieu of the Lords amendments and agree without amendment to the amendment made by the Commons to a Lords amendment.

General Committees: Reports

14 Third Delegated Legislation Committee

Philip Davies (Chair) reported the draft First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011.

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).

15 Public Services (Social Enterprise and Social Value) Bill Committee

Chair: Mr David Crausby.

16 First Delegated Legislation Committee (Terrorism Act 2000 (Remedial) Order 2011 (S.I., 2011, No. 631))

(1) Chair: Hywel Williams

(2) Members: Tom Brake, Nic Dakin, Geraint Davies, Mr Frank Doran, Jackie Doyle-Price, Richard Drax, James Duddridge, Graham Evans, Mrs Mary Glindon, Damian Green, Gordon Henderson, Shabana Mahmood, Patrick Mercer, Greg Mulholland, Ian Paisley, David Rutley, Mark Tami and Mr Dave Watts.

17 Third Delegated Legislation Committee (Draft First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011)

Members: Jonathan Reynolds discharged and Angela Smith nominated in substitution.

18 Fourth Delegated Legislation Committee (Draft Modifications to the Standard Conditions of Electricity Supply Licences)

Members: John Glen and Mr David Lammy discharged and Jeremy Lefroy and Graham M. Morris nominated in substitution.

19 European Committee B in respect of European Union Document No. 10784/11, relating to Commission Communication: A dialogue for migration, mobility and security with the southern Mediterranean countries

Members: Stuart Andrew, Nicola Blackwood, James Duddridge, Damian Green, Kelvin Hopkins, Martin Horwood, Steve McCabe, Shabana Mahmood, John Mann, David Rutley, Jim Shannon, Henry Smith and Mark Tami.

20 European Committee B in respect of European Union Documents No. 9776/11, relating to a Draft Council implementing Decision on granting Union financial assistance to Portugal, No. 9780/2/11, relating to a Council implementing Decision on granting Union financial assistance to Portugal, and No. 9777/11 relating to a draft Council implementing Decision amending implementing Decision 2011/77/EU of 7 December 2010 on granting Union financial assistance to Ireland

Chair: Miss Anne McIntosh.

European Union Documents Referred

21 European Committee A

European Union Documents No. 12519/11, relating to the Commission Communication-Reform of the Common Fisheries Policy and No. 12514/11 and Addenda 1 to 3, relating to a Draft Regulation on the Common Fisheries Policy.

22 European Committee B

European Union Documents No. 12141/11 and Addendum, relating to the Commission Communication on the Commission anti-fraud strategy, together with No. 11055/11 and Addendum, relating to a Commission Communication on the protection of the financial interests of the European Union by criminal law and by administrative investigations already referred on 29 June 2011.

Reports from Select Committees

23 Defence Committee

The Military Covenant In Action? Part 1: Military Casualties:

(1) Evidence, to be printed (HC 762-vii);

(2) Written evidence, to be published

(Mr James Arbuthnot).

24 Education Committee

The Administration of the Department for Education: Evidence, to be printed (HC 1489-i) (Mr Graham Stuart).

25 Environment, Food and Rural Affairs Committee

(1) The draft National Policy Statement for Hazardous Waste: Evidence, to be printed (HC 1465-ii);

(2) Common Fisheries Policy Reform: Written evidence, to be published;

(3) Written evidence submitted by Defra to the Committee: Written evidence, to be published.

(Miss Anne McIntosh).

26 Environmental Audit Committee

(1) Carbon Budgets: Seventh Report, to be printed, with the Formal Minutes relating to the Report and written evidence reported and ordered to be published on 8 and 15 June and 13 July (HC 1080);

(2) The impact of UK overseas aid on environmental protection and climate change adaptation and mitigation: Government Response to the Fifth Report from the Committee: Third Special Report, to be printed (HC 1500);

(3) Green Economy:

(i) Evidence, to be printed (HC 1025-ii);

(ii) Written evidence, to be published;

(4) Preparations for the Rio +20 summit:

(i) Evidence, to be printed (HC 1026-ii);

(ii) Written evidence, to be published;

(5) Sustainable development in the National Planning Policy Framework: Written evidence, to be published

(Joan Walley).

27 European Scrutiny Committee

(1) Forty-first Report, to be printed, with the Formal Minutes relating to the Report (HC 428-xxxvi);

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

(Mr William Cash).

28 Northern Ireland Affairs Committee

Fuel laundering and smuggling:

(1) Evidence, to be printed (HC 1504-i);

(2) Written evidence, to be published

(Mr Laurence Robertson).

29 Procedure Committee

(1) Sittings of the House and the parliamentary calendar: Evidence, to be printed (HC 1370-iii);

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

(Mr Greg Knight).

30 Public Accounts (Committee of)

(1) The failure of FiReControl: Fiftieth Report, to be printed, with the Formal Minutes relating to the Report (HC 1397);

(2) Independent Parliamentary Standards Authority: Fifty-first Report, to be printed, with the Formal Minutes relating to the Report (HC 1426);

(3) Localism and Accountability: Evidence, to be printed (HC 1503-i)

(Margaret Hodge).

31 Public Administration (Select Committee on)

Change in Government: the agenda for leadership: Thirteenth Report, with Annex and written evidence, to be printed, with the Formal Minutes relating to the Report and written evidence reported and ordered to be published on 25 January, 1 February, and 10 May (HC 714) (Mr Bernard Jenkin).

32 Science and Technology Committee

(1) Spending Review 2010: Evidence, to be printed (HC 618-iii);

(2) The Francis Crick Institute (formerly the UK Centre for Medical Research and Innovation): Written evidence, to be published;

(3) Malware and Cyber-crime: Written evidence, to be published

(Andrew Miller).

33 Statutory Instruments (Joint Committee on)

Twenty-eighth Report, to be printed (HC 354-xxviii) (George Mudie).

34 Treasury Committee

Eurozone crisis: Impact on the UK: Evidence, to be printed (HC 1505-i) (Mr Andrew Tyrie).

35 Work and Pensions Committee

(1) Automatic enrolment in workplace pensions and the National Employment Savings Trust: Written evidence, to be published;

(2) Proposal to replace Disability Living Allowance with Personal Independence Payment: Written evidence, to be published

(Dame Anne Begg).

[WH, No. 129]

Sitting in Westminster Hall

The sitting began at 9.30 am.

Adjournment

Subjects:

Late payments to small and medium-sized enterprises (Debbie Abrahams).

Regulating ownership of the media (Mr Graham Allen).

European Union fiscal union (Mr William Cash).

Waste water in the Thames and Greater London (Simon Hughes).

Consumer Focus Wales (Mr Mark Williams).

Resolved, That the sitting be now adjourned.-(Bill Wiggin.)

Adjourned at 4.59 pm until tomorrow.

APPENDIX

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1 Capital Gains Tax

(1) Draft Double Taxation Relief and International Tax Enforcement (China) Order 2011 (by Act), with an Explanatory Memorandum (by Command) (David Gauke);

(2) draft Double Taxation Relief and International Tax Enforcement (Ethiopia) Order 2011 (by Act), with an Explanatory Memorandum (by Command) (David Gauke); and

(3) draft Double Taxation Relief and International Tax Enforcement (Armenia) Order 2011 (by Act), with an Explanatory Memorandum (by Command) (David Gauke).

2 Income Tax

Draft Double Taxation Relief (Aircraft Crew) (Brazil) Order 2011 (by Act), with an Explanatory Memorandum (by Command) (David Gauke).

Papers subject to Negative Resolution:

3 Civil Aviation

Air Traffic Controller Licensing (National Supervisory Authority) Regulations 2011 (S.I., 2011, No. 2261), dated 9 September 2011 (by Act), with an Explanatory Memorandum (by Command) (Secretary Philip Hammond).

4 Derelict Land

Derelict Land Clearance Area (Highbarns, Hemel Hempstead) Order 2011 (S.I., 2011, No. 2227), dated 8 September 2011 (by Act), with an Explanatory Memorandum (by Command) (Secretary Eric Pickles).

5 Income Tax

Employer-Financed Retirement Benefits (Excluded Benefits for Tax Purposes) (Amendment) Regulations 2011 (S.I., 2011, No. 2281), dated 14 September 2011 (by Act), with an Explanatory Memorandum (by Command) (Mark Hoban).

Other Papers:

6 Cabinet Office

Further Draft Electoral Administration Provisions (by Command) (Cm. 8177) (The Deputy Prime Minister).

7 Energy

Directions under sections 3, 4 and 6 of the Energy Act 2004 to the Nuclear Decommissioning Authority (the NDA) in respect of the Dounreay Disposal Facility (by Act) (Secretary Chris Huhne).

8 Foreign Affairs

Government Response to the Eighth Report from the Foreign Affairs Committee, Session 2010–12, on The FCO’s Human Rights Work 2010–11 (by Command) (Cm. 8169) (Secretary William Hague).

9 Government Trading Funds

Report and Accounts of the Fire Service College for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 1100) (Secretary Eric Pickles).

10 Museums and Galleries

Report and Accounts of National Portrait Gallery for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 1488) (Secretary Jeremy Hunt).

11 Prisons

Report of HM Chief Inspector of Prisons for England and Wales for 2010–11 (by Act); to be printed (HC 1454) (Secretary Kenneth Clarke).

12 Welsh Affairs

Memorandum to the Welsh Affairs Committee on Post-Legislative Assessment of the Transport (Wales) Act 2006 (by Command) (Cm. 8178) (Secretary Cheryl Gillan).

Withdrawn Papers:

13 Museums and Galleries

Report and Accounts of National Portrait Gallery for 2010–11, with the Report of the Comptroller and Auditor General (by Act) (HC 1250) (laid 18 July 2011).