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House of Commons

House of Commons Votes and Proceedings
Monday
10th October 2011

No. 201

The House met at 2.30 pm.

PRAYERS.

1 Questions to the Secretary of State for Defence

2 Statements: (1) Ministerial responsibilities (Secretary Liam Fox)

(2) Eurozone (Chancellor of the Exchequer)

(3) New schools (Secretary Michael Gove)

3 Protection of Freedoms Bill (Programme) (No. 3)

Motion made and Question proposed, That the Order of 1 March 2011 (Protection of Freedoms Bill (Programme)) be varied as follows-

1. Paragraphs 4 and 5 shall be omitted.

2. Proceedings on consideration and Third Reading shall be concluded in two 5 days.

3. Proceedings on consideration shall be taken on each of those days as shown in the following Table and in the order so shown.

4. Each part of the proceedings shall (so far as not previously concluded) be brought to a conclusion at the time specified in relation to it in the second column of 10 the Table.

First day

Proceedings

Time for conclusion of proceedings

New Clauses and New Schedules relating to, and amendments to, Chapter 1 of Part 1.

8.30 pm.

New Clauses and New Schedules relating to, and amendments to, Chapter 2 of Part 3.

10.00 pm.

Second day

Proceedings

Time for conclusion of proceedings

New Clauses and New Schedules relating to, and amendments to, Chapter 1 of Part 2.

5.30 pm.

New Clauses and New Schedules relating to, and amendments to, Part 5.

7.30 pm.

New Clauses and New Schedules relating to, and amendments to, Part 4, Chapter 2 of Part 1, Chapter 2 of Part 2, Chapter 1 of Part 3, and Part 6; remaining New Clauses; remaining New Schedules; amendments to Part 7 and remaining proceedings on consideration.

9.00 pm.

5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at 10.00 pm on the second day -(James Brokenshire.)

Amendment (a) moved.-(Mr Edward Leigh.)

Question put, That the Amendment be made.

The House divided.

Division No. 354.

Ayes: 62 (Tellers: Mr Peter Bone, Mr Philip Hollobone).

Noes: 243 (Tellers: Bill Wiggin, Stephen Crabb).

Question accordingly negatived.

Main Question put.

The House divided.

Division No. 355.

Ayes: 275 (Tellers: Mark Hunter, Mr Philip Dunne).

Noes: 233 (Tellers: Graham Jones, Mark Hendrick).

Question accordingly agreed to.

4 Protection of Freedoms Bill (Ways and Means)

Resolved, That, for the purposes of any Act resulting from the Protection of Freedoms Bill, it is expedient to authorise-

(1) 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 the transfer of property, rights or liabilities to the Disclosure and Barring Service by a transfer scheme; and

(2) the charging of fees in connection with making datasets, or parts of datasets, available for re-use.-(Lynne Featherstone.)

5 Protection of Freedoms Bill: Consideration of the Bill, as amended in the Public Bill Committee (1st allocated day)

Amendment 89 proposed.-(Alan Johnson.)

Question put, That the Amendment be made.

The House divided.

Division No. 356.

Ayes: 232 (Tellers: Mr David Hamilton, Graham Jones).

Noes: 291 (Tellers: Mr Philip Dunne, Bill Wiggin).

Question accordingly negatived.

Since it was after 8.30 pm the Deputy Speaker put the Questions necessary to bring proceedings on New Clauses and New Schedules relating to, and amendments to, Chapter 1 of Part 1 to a conclusion (Programme Order, today).

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

(1) That Amendments 1 to 7 be made (single Question on Amendments moved by a Minister of the Crown).-(James Brokenshire.)

Question agreed to.

(2) That Amendment 108 be made (Amendment selected by the Speaker for separate decision).-(Mr David Hanson.)

The House divided.

Division No. 357.

Ayes: 227 (Tellers: Mr David Hamilton, Graham Jones).

Noes: 291 (Tellers: Mark Hunter, Mr Philip Dunne).

Question accordingly negatived.

(3) That Amendments 8 to 15 and 33 to 38 be made (single Question on remaining Amendments moved by a Minister of the Crown).-(James Brokenshire.)

Question agreed to.

New Clause NC15-(Diana Johnson)-brought up, and read the first time.

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

The House divided.

Division No. 358.

Ayes: 230 (Tellers: Mr David Hamilton, Graham Jones).

Noes: 301 (Tellers: Bill Wiggin, Mr Philip Dunne).

Question accordingly negatived.

Since it was after 10.00 pm the Speaker put the Questions necessary to bring proceedings on New Clauses and New Schedules relating to, and amendments to, Chapter 2 of Part 3 to a conclusion (Programme Order, today).

The following Question was put forthwith (Standing Order No. 83E).

That Amendments 21, 76, 39 to 54, 77, 55 to 61, 78 and 62 be made (single Question on Amendments moved by a Minister of the Crown).-(Lynne Featherstone.)

Question agreed to.

Bill to be further considered tomorrow.

6 Business of the House (12 October)

Ordered, That, at the sitting on Wednesday 12 October, paragraph (2) of Standing Order No. 31 (Questions on amendments) shall apply to the Motions in the name of Edward Miliband as if the day were an Opposition Day; proceedings on the Motions may continue, though opposed, until the moment of interruption and shall then lapse if not previously disposed of; and Standing Order No. 41A (Deferred divisions) shall not apply.-(Sir George Young.)

7 Business of the House (17 October)

Motion made, That, at the sitting on Monday 17 October, notwithstanding Standing Order No. 14(3A) (Arrangement of public business), the Speaker shall put the Questions necessary to dispose of the proceedings on the Motion in the name of Sir George Young relating to the Parliamentary Contributory Pension Fund not later than two hours after the commencement of proceedings on the Motion; and such Questions shall include the Questions on any Amendments selected by the Speaker which may then be moved.-(Sir George Young.)

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

8 Statutory Instruments: Motion for Approval

Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011, which was laid before this House on 12 July, be approved.-(James Duddridge.)

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

Division deferred until Wednesday 12 October (Standing Order No. 41A).

9 Public Petitions

A Public Petition from Swindon residents and visitors relating to Swindon Town Centre was presented and read by Mr Robert Buckland.

10 Adjournment

Subject: Outsourcing of interpretation services by the Ministry of Justice (Mr John Leech).

Resolved, That this House do now adjourn.-(Bill Wiggin.)

Adjourned at 10.42 pm until tomorrow.

_________________

Other proceedings

Lords Messages

11 Sovereign Grant Bill

The Lords agree to the Sovereign Grant Bill without Amendment.

12 Energy Bill [Lords]

The Lords agree without amendment to the amendments made by the Commons to the Energy Bill [Lords].

13 Armed Forces Bill

The Lords agree to the Armed Forces Bill, with Amendments to which they desire the agreement of the Commons.

Printing of Lords Amendments

14 Armed Forces Bill

Lords Amendments to the Armed Forces Bill to be considered tomorrow, and to be printed (Bill 232) with Explanatory Notes (Bill 232–EN).

Changes to Notices Given

15 Credit Regulation (Child Pornography) Bill

Order for Second Reading on Friday 21 October, read and discharged.

Bill to be read a second time on Friday 20 January 2012.

16 Succession to the Crown Bill

Bill to be read a second time on Friday 25 November.

17 Lawful Industrial Action (Minor Errors) Bill

Order for resuming on Friday 14 October the adjourned Debate on the Question proposed on 22 October 2010, That the Bill be now read a second time, read and discharged.

Debate to be resumed on Friday 2 March 2012.

18 Remembrance Day (Bank Holiday) Bill

Order for Second Reading on Friday 21 October, read and discharged.

Bill to be read a second time on Friday 20 January 2012.

General Committees: Reports

19 First Delegated Legislation Committee

Hywel Williams (Chair) reported the Terrorism Act 2000 (Remedial) Order 2011 (S.I., 2011, No. 631).

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

Miss Anne McIntosh (Chair) reported the following Resolution:

That the Committee takes note 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; notes the importance of financial stability in the Euro Area for the UK; welcomes the recent steps being taken by the Governments of Ireland and Portugal to promote growth and return their economies to a sustainable path; welcomes the Government’s success in securing agreement that the European Financial Stabilisation Mechanism will cease to exist once the permanent, Euro Area-only, European Stability Mechanism becomes operational in July 2013; and that Article 122(2) of the Treaty on the Functioning of the EU, the basis for the emergency arrangements, will no longer be needed for such purposes.

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).

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

Members: Damian Green and Mark Tami discharged and Nick Herbert and Phil Wilson nominated in substitution.

22 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

Members: Lyn Brown discharged and Nic Dakin nominated in substitution.

Reports from Select Committees

23 Administration Committee

(1) Catering and Retail Services in the House of Commons: Response to the Committee’s First Report of Session 2010–12: First Special Report, to be printed (HC 1506);

(2) Record of the Committee’s discussions at its meeting on 10 October, to be published

(Sir Alan Haselhurst).

24 Communities and Local Government Committee

National Planning Policy Framework:

(1) Evidence, to be printed (HC 1526-i);

(2) Written evidence, to be published

(Clive Betts).

25 Draft House of Lords Reform Bill (Joint Committee on)

Draft House of Lords Reform Bill:

(1) Evidence, to be printed (HC 1313-i);

(2) Written evidence, to be published

(Mr Tom Clarke).

26 Public Accounts (Committee of)

Oversight of user choice and provider competition in care markets: Evidence, to be printed (HC 1530-i) (Margaret Hodge).

27 Treasury Committee

(1) Independent Commission on Banking: Final Report:

(i) Evidence, to be printed (HC 1534-i);

(ii) Written evidence, to be published;

(2) Accountability of the Bank of England: Written evidence, to be published

(Mr Andrew Tyrie).

John Bercow

Speaker

The Speaker will take the Chair at 2.30 pm.

APPENDIX

Papers presented and delivered to the Votes and Proceedings Office on the undermentioned dates during the adjournment under Standing Orders No. 158 and 159:

Friday 16 September 2011

Papers subject to Negative Resolution:

1 Aquaculture

Alien and Locally Absent Species in Aquaculture (England and Wales) Regulations 2011 (S.I., 2011, No. 2292), dated 12 September 2011 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary Caroline Spelman).

Wednesday 21 September 2011

Other Papers:

2 Constitution

Government Response to the Fifteenth Report from the House of Lords Constitution Committee, Session 2010–12, on the Process of Constitutional Change (by Command) (Cm. 8181) (The Deputy Prime Minister).

3 Treaty Series (No. 40, 2011)

Exchange of Letters, done at Dublin on 21 July 2011, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland concerning the granting of Common Exemptions under European Regulation No. 561/2006 and the corresponding Exemption under Council regulation (EEC) 3821/85 in respect of Vehicles operating on Cross-Border Journeys between the Two Countries (by Command) (Cm. 8185) (Secretary William Hague).

Friday 23 September 2011

Papers subject to Negative Resolution:

4 Road Traffic

Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2011 (S.I., 2011, No. 2324), dated 20 September 2011 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary Philip Hammond).

Other Papers:

5 Communities and Local Government

Government Response to the Third Report from the Communities and Local Government Committee, Session 2010–12, on Localism (by Command) (Cm. 8183) (Secretary Eric Pickles).

6 Legal Services

Impact Assessment to the Legal Services Act 2007 (Commencement No. 11, Transitory and Transitional Provisions and Related Amendments) Order 2011 (laid 7 September) (by Command) (Secretary Kenneth Clarke).

Monday 26 September 2011

Papers subject to Negative Resolution:

7 Tribunals and Inquiries

(1) First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2011 (S.I., 2011, No. 2342), dated 22 September 2011 (by Act), with an Explanatory Memorandum (by Command) (Secretary Kenneth Clarke);

(2) Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 (S.I., 2011, No. 2343), dated 22 September 2011 (by Act), with an Explanatory Memorandum (by Command) (Secretary Kenneth Clarke); and

(3) Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011 (S.I., 2011, No. 2344), dated 22 September 2011 (by Act), with an Explanatory Memorandum (by Command) (Secretary Kenneth Clarke).

Tuesday 27 September 2011

Papers subject to Negative Resolution:

8 Electricity

Feed-in Tariffs (Specified Maximum Capacity and Functions) (Amendment No. 3) Order 2011 (S.I., 2011, No. 2364), dated 23 September 2011 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary Chris Huhne).

9 National Health Service

(1) Health Research Authority (Establishment and Constitution) Order 2011 (S.I., 2011, No. 2323), dated 22 September 2011 (by Act), with an Explanatory Memorandum (by Command) (Mr Secretary Lansley); and

(2) Health Research Authority Regulations 2011 (S.I., 2011, No. 2341), dated 22 September 2011 (by Act), with an Explanatory Memorandum (by Command) (Mr Secretary Lansley).

Thursday 29 September 2011

Papers subject to Negative Resolution:

10 Criminal Law

Libya (Asset-Freezing) (Amendment) Regulations 2011 (S.I., 2011, No. 2390), dated 29 September 2011 (by Act), with an Explanatory Memorandum (by Command) (David Gauke).

11 Health and Safety

Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 (S.I., 2011, No. 1885), dated 26 September 2011 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary Philip Hammond).

Other Papers:

12 Home Affairs

(1) Government Response to the Third Report from the Home Affairs Committee, Session 2010–11, on Firearms Control (by Command) (Cm. 8155) (Secretary Theresa May); and

(2) Memorandum to the Home Affairs Committee on Post-Legislative Scrutiny of the Terrorism Act 2006 (by Command) (Cm. 8186) (Secretary Theresa May).

Monday 3 October 2011

Papers subject to Negative Resolution:

13 National Lottery

National Lottery etc. Act 1993 (Big Lottery Fund) (Amendment of Schedule 4A) Order 2011 (S.I., 2011, No. 2385), dated 26 September 2011 (by Act), with an Explanatory Memorandum (by Command) (Francis Maude).

Tuesday 4 October 2011

Other Papers:

14 Defence

(1) Ministry of Defence Minute, dated 4 October 2011, concerning a contingent liability related to Ranges Safety and Aircrew Training Redundancy Liability (by Command) (Secretary Liam Fox);

(2) Ministry of Defence Minute, dated 4 October 2011, concerning a contingent liability related to the Defence Information Infrastructure (DII) Redundancy Liability for Transfer of Undertakings Protection of Employment (TUPE) Transferred Staff (by Command) (Secretary Liam Fox);

(3) Ministry of Defence Minute, dated 4 October 2011, concerning a contingent liability related to the Future Logistics Information Services (FLIS) Project Redundancy Liability for Transfer of Undertakings Protection of Employment (TUPE) Transferred Staff (by Command) (Secretary Liam Fox);

(4) Ministry of Defence Minute, dated 4 October 2011, concerning a contingent liability related to the Provision of Marine Services Redundancy and Explosive Liability (by Command) (Secretary Liam Fox); and

(5) Ministry of Defence Minute, dated 4 October 2011, concerning a contingent liability related to the Queen Elizabeth Class (QEC) Aircraft Carrier Project’s Third Party Indemnity Liability (by Command) (Secretary Liam Fox).

Wednesday 5 October 2011

Other Papers:

15 Foreign and Commonwealth Office

The Antarctic Treaty: Measures adopted at the Thirty-third Consultative Meeting held at Punta del Este, Uruguay, 3 May to 14 May 2010 (by Command) (Cm. 8197) (Secretary William Hague).

16 Home Affairs

Memorandum to the Home Affairs Committee on Post-Legislative Assessment of the Police and Justice Act 2006 (by Command) (Cm. 8195) (Secretary Theresa May).

Thursday 6 October 2011

Other Papers:

17 Treasury

Treasury Minute, dated 6 October 2011, concerning contingent liabilities arising from the use of the Asset Purchase Facility (by Command) (Mr Chancellor of the Exchequer).

Friday 7 October 2011

Papers subject to Negative Resolution:

18 National Health Service

Nuffield Orthopaedic Centre National Health Service Trust (Transfer of Trust Property) Order 2011 (S.I., 2011, No. 2419), dated 4 October 2011 (by Act), with an Explanatory Memorandum (by Command) (Mr Secretary Lansley).

Papers presented or laid upon the Table on Monday 10 October 2011

Papers subject to Affirmative Resolution:

19 Capital Gains Tax

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

20 National Health Service

Draft Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2011 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Mr Secretary Lansley).

21 Olympic Games and Paralympic Games

Draft London Olympic Games and Paralympic Games (Advertising and Trading) (England) Regulations 2011 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Secretary Jeremy Hunt).

22 Representation of the People

Draft Parliamentary Constituencies and Assembly Electoral Regions (Wales) (Amendment) Order 2011 (by Act), with an Explanatory Memorandum (by Command) (The Deputy Prime Minister).

23 Urban Development

West Northamptonshire Development Corporation (Area and Constitution) (Amendment) Order 2011, dated 3 October 2011 (by Act), with an Explanatory Memorandum (by Command) (Secretary Eric Pickles).

Papers subject to Negative Resolution:

24 Child Trust Funds

Child Trust Funds (Amendment No. 3) Regulations 2011 (S.I., 2011, No. 2447), dated 10 October 2011 (by Act), with an Explanatory Memorandum (by Command) (Mark Hoban).

25 Education

Education (Student Support) (European University Institute) Regulations 2010 (Amendment) (No. 2) Regulations 2011 (S.I., 2011, No. 2430), dated 5 October 2011 (by Act), with an Explanatory Memorandum (by Command) (Secretary Vince Cable).

26 Health Care and Associated Professions

Nursing and Midwifery Council (Fees and Education, Registration and Registration Appeals) (Amendment) Rules Order of Council 2011 (S.I., 2011, No. 2297), dated 13 September 2011 (by Statutory Instrument), with an Explanatory Memorandum (by Command) (Mr Secretary Lansley).

27 Immigration

Statement of Changes in Immigration Rules (by Act), with an Explanatory Memorandum (by Command); to be printed (HC 1511) (Secretary Theresa May).

28 Revenue and Customs

Taxes and Duties, etc (Interest Rate) Regulations 2011 (S.I., 2011, No. 2446), dated 10 October 2011 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (David Gauke).

29 Road Traffic

Civil Enforcement of Parking Contraventions Designation Order 2011 (S.I., 2011, No. 2431), dated 5 October 2011 (by Act), with an Explanatory Memorandum (by Command) (Secretary Philip Hammond).

30 Social Security

(1) Social Fund Cold Weather Payments (General) Amendment Regulations 2011 (S.I., 2011, No. 2423), dated 4 October 2011 (by Act), with an Explanatory Memorandum (by Command) (Secretary Iain Duncan Smith);

(2) Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Miscellaneous Amendments) Regulations 2011 (S.I., 2011, No. 2426), dated 5 October 2011 (by Act), with an Explanatory Memorandum (by Command) (Secretary Iain Duncan Smith);

(3) Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I., 2011, No. 2425), dated 4 October 2011 (by Act), with an Explanatory Memorandum (by Command) (Secretary Iain Duncan Smith); and

(4) Social Security (Work-focused Interviews for Lone Parents and Partners) (Amendment) Regulations 2011 (S.I., 2011, No. 2428), dated 6 October 2011 (by Act), with an Explanatory Memorandum (by Command) (Secretary Iain Duncan Smith).

Other Papers:

31 Hong Kong

Sixth-monthly Report on Hong Kong, 1 January–30 June 2011 (by Command) (Cm. 8196) (Secretary William Hague).

32 Parliamentary Constituencies

Boundary Commission for Wales: Report with respect to the areas comprised in the constituencies of Brecon and Radnorshire, and Merthyr Tydfil and Rhymney; Report with respect to the areas comprised in the constituencies of Ogmore and Pontypridd; Report with respect to the areas comprised in the constituencies of Cardiff North and Cardiff South and Penarth; Report with respect to the areas comprised in the constituencies of Cardiff South and Penarth and Vale of Glamorgan (by Act); to be printed (HC 1510) (The Deputy Prime Minister).

33 Reserve Forces

Amendment 35 to the Territorial Army Regulations 1978 (by Act) (Secretary Liam Fox).

CORRIGENDUM

Monday 18 July 2011

The following item should have appeared after item 29:

Public Administration (Select Committee on)

Government and IT-"a recipe for rip-offs": time for a new approach: Twelfth Report, to be printed, with the Formal Minutes relating to the Report and written evidence reported and ordered to be published on 1 and 8 February, 15 and 23 March, 5 April and 10 May (HC 715-I and-II) (Mr Bernard Jenkin).

Prepared 11th October 2011