House of Commons Votes and Proceedings
Monday
12th May 2014

No. 160

The House met at 2.30 pm.

PRAYERS.

1 Questions to the Secretary of State for Defence

2 Urgent Question: Free schools (funding) (Secretary Michael Gove)

3 Care Bill [Lords] (Programme) (No. 3)

Motion made and Question put forthwith (Standing Order No. 83A(7)), That the following provisions shall apply to the Care Bill [Lords] for the purpose of supplementing the Orders of 16 December 2013 (Care Bill [Lords] (Programme)) and 10 March 2014 (Care Bill [Lords] (Programme) (No. 2)):

Consideration of Lords Message

(1) Proceedings on a Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement at today’s sitting.

Subsequent Stages

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

(3) 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.-(John Penrose.)

Question agreed to.

4 Care Bill [Lords]: Consideration of Lords Message

The House proceeded to consider the Lords Message received on 8 May 2014 relating to the Care Bill [Lords] (Programme Order, today).

Lords Amendments 11B and 11C

Resolved, That this House agrees with the Lords in their Amendments 11B and 11C in lieu of the words left out of the Bill by Commons Amendment 11.-(Norman Lamb.)

Lords Amendments 32A, 32C and 32D

Resolved, That this House agrees with the Lords in their Amendment 32A to Commons Amendment 32, and Amendments 32C and 32 D as consequential Amendments to the Bill.-(Dr Daniel Poulter.)

Lords Amendments 40B, 40C, 40D and 40E

Amendment (a) to Lords Amendment 40B proposed.-(Mr Jamie Reed.)

Question put, That the Amendment be made.

The House divided.

Division No. 269.

Ayes: 195 (Tellers: Heidi Alexander, Graham Jones).

Noes: 294 (Tellers: Amber Rudd, Mr Sam Gyimah).

Question accordingly negatived.

It being more than an hour after the commencement of proceedings on the Lords Message, the proceedings were interrupted (Programme Order, today).

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

(1) That this House does not insist on its Amendment 40, to which the Lords have disagreed, and agrees with the Lords in their Amendment 40B, 40C, 40D and 40E in lieu (Question on a Motion moved by a Minister of the Crown related to the Question before the House when the debate was interrupted (Standing Order No. 83G(3))).-(Dr Daniel Poulter.)

Question agreed to.

(2) That this House does not insist on its Amendment 42, to which the Lords have disagreed, and agrees with the Lords in their Amendments 42B and 42C in lieu and does not insist on its Amendment 46, to which the Lords have disagreed, and agrees with the Lords in their Amendments 46B, 46C, 46D and 46E in lieu (Question on a Motion moved by a Minister of the Crown relating to other items in the Lords Message (Standing Order No. 83G(4))).-(Dr Daniel Poulter.)

Question agreed to.

5 Criminal Justice and Courts Bill (Programme) (No. 2)

Ordered, That the Order of 24 February 2014 (Criminal Justice and Courts Bill (Programme)) be varied as follows:

(1) Paragraphs (4) and (5) of the Order shall be omitted.

(2) Proceedings on Consideration and Third Reading shall be taken in two days in accordance with the following provisions of this Order.

(3) Proceedings on Consideration shall be taken on the days shown in the first column of the following Table and in the order so shown.

(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion at the times specified in the second column of the Table.

Table

Proceedings	Time for conclusion of proceedings
First day
New Clauses and new Schedules relating to any of the following: (a) driving offences; (b) determination of the minimum term in relation to mandatory life sentences; (c) committal of young offenders to the Crown Court for sentence.	7.00 pm
New Clauses and new Schedules relating to any of the following: (a) treatment, release and recall of prisoners; (b) adult cautions; (c) offences of sexual grooming of children or abduction of children; (d) Armed Forces; amendments to Part 1.	8.30 pm
New Clauses and new Schedules relating to any of the following: (a) detention of young offenders; (b) youth cautions; (c) referral orders; amendments to Part 2; New Clauses and new Schedules relating to any of the following: (a) trial in magistrates’ courts on the papers; (b) charging offenders in respect of costs of criminal courts; (c) collection of fines; (d) appeals in civil proceedings, other than judicial review and challenges to planning-related decisions; (e) wasted costs in civil proceedings; (f) contempt of court; (g) juries and members of the Court Martial; amendments to Part 3.	10.00 pm
Second day
New Clauses and new Schedules relating to judicial review and challenges to planning-related decisions; amendments to Part 4.	Two hours after commencement of proceedings on Consideration
New Clauses and new Schedules relating to offences of possessing or using offensive weapons; remaining new Clauses and new Schedules; amendments to Part 5; remaining proceedings on Consideration.	One hour before the moment of interruption

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the second day.-(Mr Shailesh Vara.)

6 Criminal Justice and Courts Bill: Consideration of the Bill, as amended in the Public Bill Committee (1st allocated day)

New Clause NC14-(Jeremy Wright)-brought up, read the first and second time, and added to the Bill.

New Clause NC22-(Andy Slaughter)-brought up, and read the first time.

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

The House divided.

Division No. 270.

Ayes: 196 (Tellers: Susan Elan Jones, Tom Blenkinsop).

Noes: 291 (Tellers: Anne Milton, Amber Rudd).

Question accordingly negatived.

New Schedule NS2-(Jeremy Wright)-brought up, read the first and second time, and added to the Bill.

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

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

New Clause NC29-(Philip Davies)-brought up, read the first time.

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

Clause, by leave, withdrawn.

At 8.30 pm, the debate was interrupted (Programme Order, today).

The Deputy Speaker put the Questions necessary to bring proceedings on new Clauses and new Schedules relating to treatment, release and recall of prisoners; adult cautions; offences of sexual grooming of children or abduction of children; or the Armed Forces, and amendments to Part 1 to a conclusion (Programme Order, today).

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

(1) That New Clause NC 38 be added to the Bill (New Clause selected by the Speaker for separate decision).-(Philip Davies.)

The House divided.

Division No. 271.

Ayes: 6 (Tellers: Mr Peter Bone, Mr Philip Hollobone).

Noes: 469 (Tellers: Mr Sam Gyimah, Anne Milton).

Question accordingly negatived.

(2) That New Clause NC 15 be added to the Bill (New Clause selected by the Speaker for separate decision).-(Dan Jarvis.)

The House divided.

Division No. 272.

Ayes: 195 (Tellers: Susan Elan Jones, Tom Blenkinsop).

Noes: 277 (Tellers: Amber Rudd, Mr Sam Gyimah).

Question accordingly negatived.

Amendment 18 proposed.-(Dan Jarvis.)

Question put, That the Amendment be made.

The House divided.

Division No. 273.

Ayes: 196 (Tellers: Susan Elan Jones, Tom Blenkinsop).

Noes: 295 (Tellers: Anne Milton, Mr Sam Gyimah).

Question accordingly negatived.

Since it was after 10.00 pm, the Speaker put the Question necessary to bring proceedings on new Clauses and new Schedules relating to detention of young offenders; youth cautions or referral orders; amendments to Part 2; new Clauses and new Schedules relating to trial in magistrates’ courts on the papers; charging offenders in respect of costs of criminal courts; collection of fines; appeals in civil proceedings, other than judicial review and challenges to planning-related decisions; wasted costs in civil proceedings; contempt of court; or juries and members of the Court Martial, and amendments to Part 3 to a conclusion (Programme Order, today).

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

That Amendments 5 and 6 be made (single Question on Amendments moved by a Minister of the Crown).-(Claire Perry.)

Question agreed to.

Bill to be further considered tomorrow.

7 Notices of Questions

Ordered, That, in respect of Questions to the Secretary of State for Northern Ireland for oral answer on Wednesday 11 June in the next Session of Parliament, paragraph (5)(a) of Standing Order No. 22 (Notices of Questions, Motions and Amendments) shall apply with the substitution of three days for four days.-(Claire Perry.)

8 Changes to membership of select committees

(1) Ordered, That Nicky Morgan be discharged from the Committee of Public Accounts and Andrea Leadsom be added.-(Geoffrey Clifton-Brown, on behalf of the Committee of Selection.)

(2) Ordered, That Alun Cairns and Robert Halfon be discharged from the Select Committee on Public Administration and Mrs Cheryl Gillan and Mr Adam Holloway be added.-(Geoffrey Clifton-Brown, on behalf of the Committee of Selection.)

(3) Ordered, That Andrea Leadsom be discharged from the Treasury Committee and Steve Baker be added.-(Geoffrey Clifton-Brown, on behalf of the Committee of Selection.)

9 Public Petitions

A Public Petition from residents of the UK relating to female genital mutilation was presented and read by Simon Hart.

A Public Petition from residents of Hook and Rotherwick relating to local planning in Hampshire was presented and read by Mr James Arbuthnot.

10 Adjournment

Subject: Flooding and the River Ash in Staines-upon-Thames (Kwasi Kwarteng).

Resolved, That this House do now adjourn.-(Claire Perry.)

Adjourned at 10.44 pm until tomorrow.

_________________

Other proceedings

Lords Messages

11 Immigration Bill

The Lords do not insist on their Amendments to the Immigration Bill, to which the Commons have disagreed and agree without amendment to the Amendments which the Commons have proposed to the words restored to the Bill.

12 Private Bills [Lords] (Suspension): Transport for London Bill [Lords]

The Lords communicate that they have come to the following resolution in respect of the Transport for London Bill [Lords]-

That the promoters of the Transport for London Bill [Lords], which was originally introduced in this House in Session 2010–12 on 24 January 2011, should have leave to suspend any further proceedings on the Bill in order to proceed with it, if they think fit, in the next Session of Parliament according to the provisions of Private Business Standing Order 150A (Suspension of bills).

13 High Speed Rail (London - West Midlands) Bill

The Lords communicate that they have come to the following resolution:

Carry-over of Bill into Session 2014–15

(1) That if a High Speed Rail (London - West Midlands) Bill is brought from the House of Commons in Session 2014–15, the Standing Orders of the House applicable to the Bill, so far as complied with or dispensed with in this Session, shall be deemed to have been complied with or (as the case may be) dispensed with in Session 2014–15.

Case where Bill first brought from Commons in Session 2014–15

(2) That if-

(a) a High Speed Rail (London - West Midlands) Bill is brought to this House from the House of Commons in Session 2014–15, and

(b) the proceedings on the Bill in this House are not completed in Session 2014–15, further proceedings on the Bill shall be suspended on the day on which that Session ends until the first Session of the next Parliament ("Session 2015–16").

(3) That if, where paragraph (2) applies, a bill in the same terms as those in which the High Speed Rail (London - West Midlands) Bill stood when it was brought to this House in Session 2014–15 is brought from the House of Commons in Session 2015–16-

(a) the proceedings on the bill in Session 2015–16 shall be pro forma in regard to every stage through which the bill has passed in Session 2014–15;

(b) the Standing Orders of the House applicable to the bill, so far as complied with or dispensed with in this Session or in Session 2014–15, shall be deemed to have been complied with or (as the case may be) dispensed with in Session 2015–16; and

(c) if there is outstanding any petition deposited against the bill in accordance with an order of the House-

(i) any such petition shall be taken to be deposited against the bill in Session 2015–16 and shall stand referred to any select committee on the bill in that Session; and

(ii) any minutes of evidence taken before a select committee on the bill in Session 2014–15 shall stand referred to any select committee on the bill in Session 2015–16.

Case where Bill first brought from Commons in Session 2015–16

(4) That where paragraphs (2) and (3) do not apply but a High Speed Rail (London - West Midlands) Bill is brought from the House of Commons in Session 2015–16, the Standing Orders of the House applicable to the Bill, so far as complied with or dispensed with in this Session or in Session 2014–15, shall be deemed to have been complied with or (as the case may be) dispensed with in Session 2015–16.

Other

(5) The reference in paragraph (2) to further proceedings does not include proceedings under Standing Order 83A(8) (deposit of supplementary environmental information).

General Committees: Reports

14 First Delegated Legislation Committee

Sir Edward Leigh (Chair) reported the draft Licensing Act 2003 (FIFA World Cup Licensing Hours) Order 2014.

15 Second Delegated Legislation Committee

Mr Andrew Turner (Chair) reported the draft Renewable Heat Incentive Scheme (Amendment) Regulations 2014.

16 Third Delegated Legislation Committee

Mr Hywel Williams (Chair) reported the draft Revenue and Customs (Amendment of Appeal Provisions for Out of Time Reviews) Order 2014.

17 Fourth Delegated Legislation Committee

Mr John Robertson (Chair) reported the draft Copyright and Rights in Performances (Disability) Regulations 2014, the draft Copyright (Public Administration) Regulations 2014 and the draft Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014.

18 Fifth Delegated Legislation Committee

Mr James Hood (Chair) reported the Church of England (Miscellaneous Provisions) Measure (HC 1273).

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).

19 First Delegated Legislation Committee (Draft Licensing Act 2003 (FIFA World Cup Licensing Hours) Order 2014)

Members: Stephen Metcalfe discharged and Stuart Andrew nominated in substitution.

20 Third Delegated Legislation Committee (Draft Revenue and Customs (Amendment of Appeal Provisions for Out of Time Reviews) Order 2014)

Members: Nigel Mills discharged and Heather Wheeler nominated in substitution.

21 Fourth Delegated Legislation Committee (Draft Copyright and Rights in Performances (Disability) Regulations 2014, the draft Copyright (Public Administration) Regulations 2014 and the draft Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014)

Members: Dame Tessa Jowell, Jeremy Lefroy and Mike Wood discharged and Ian Austin, Andy McDonald and John Glen nominated in substitution.

22 Fifth Delegated Legislation Committee (Church of England (Miscellaneous Provisions) Measure (HC 1273))

Members: Julie Hilling discharged and Karl Turner nominated in substitution.

23 Sixth Delegated Legislation Committee (Draft Openness of Local Government Bodies Regulations 2014)

Members: Adam Afriyie, Mike Crockart, Mr Jim Cunningham, Nick de Bois, Jim Fitzpatrick, Robert Flello, Mike Freer, John Healey, Kate Hoey, Susan Elan Jones, Brandon Lewis, Robert Neill, Claire Perry, Andy Sawford, David Simpson, Mrs Caroline Spelman, Craig Whittaker and Simon Wright discharged.

Reports from Select Committees

24 Administration Committee

Record of the Committee’s discussions at its meeting on 12 May, to be published (Sir Alan Haselhurst).

25 Communities and Local Government Committee

(1) Building Regulations applying to electrical and gas installation and repairs in dwellings: Written evidence, to be published;

(2) Correspondence with the Department for Communities and Local Government relating to troubled families and other matters: Written evidence, to be published;

(3) Department for Communities and Local Government Supplementary Estimate 2013–14: Written evidence, to be published;

(4) Operation of the National Planning Policy Framework: Written evidence, to be published (HC 1285);

(5) The work of the Regulation Committee of the Homes and Communities Agency: Written evidence, to be published (HC 310)

(Mr Clive Betts).

26 Public Accounts (Committee of)

(1) Promoting economic growth locally: Sixty-first Report, to be printed, with the Formal Minutes relating to the Report (HC 1110);

(2) Education Funding Agency and Department for Education 2012–13 financial statements: Sixty-second Report, to be printed, with the Formal Minutes relating to the Report (HC 1068);

(3) Equitable Life recall: Evidence, to be published (HC 1275);

(4) Whistleblowing: Written evidence, to be published

(Margaret Hodge).

27 Science and Technology Committee

(1) Practical science in schools: Evidence and written evidence, to be published (HC 1270);

(2) GM foods and application of the precautionary principle in Europe: Written evidence, to be published (HC 127);

(3) Proposed takeover of AstraZeneca: Written evidence, to be published (HC 1272)

(Andrew Miller).

John Bercow

Speaker

The Speaker will take the Chair at 11.30 am.

APPENDIX

Papers presented and delivered to the Votes and Proceedings Office on Friday 9 May under Standing Orders No. 158 and No. 159:

Papers subject to Negative Resolution:

1 Financial Services and Markets

Financial Services Act 2012 (Relevant Functions in relation to Complaints Scheme) Order 2014 (S.I., 2014, No. 1195), dated 8 May 2014 (by Act), with an Explanatory Memorandum (by Command) (Andrea Leadsom).

2 Legal Services

Legal Services Act 2007 (Levy) (No. 2) (Amendment) Rules 2014 (S.I., 2014, No. 1185), dated 30 April 2014 (by Act), with an Explanatory Memorandum (by Command) (Secretary Chris Grayling).

3 Local Authorities

Local Authorities (Goods and Services) (Public Bodies) (England) Order 2014 (S.I., 2014, No. 1197), dated 7 May 2014 (by Act), with an Explanatory Memorandum (by Command) (Secretary Chris Grayling).

4 Probation

Offender Management Act 2007 (Approved Premises) Regulations 2014 (S.I., 2014, No. 1198), dated 6 May 2014 (by Act), with an Explanatory Memorandum (by Command) (Secretary Chris Grayling).

Papers presented or laid upon the Table on Monday 12 May:

Papers subject to Negative Resolution:

5 Transport

West Midlands Integrated Transport Authority (Decrease in Number of Members) Order 2014 (S.I., 2014, No. 1180), dated 6 May 2014 (by Act), with an Explanatory Memorandum (by Command) (Secretary Patrick McLoughlin).

Other Papers:

6 Further and Higher Education

Report and Accounts of the Higher Education Funding Council for England for 2013–14, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 1221) (Secretary Vince Cable).

CORRIGENDUM

Thursday 8 May

Item 6, Parliamentary Privilege, should read:

Resolved, That, in light of the recommendations contained in paragraphs 226 and 227 of the report of the Joint Committee on Parliamentary Privilege, HC 100, this House resolves that legislation creating individual rights which could impinge on the activities of the House should in future contain express provision to this effect.-(Mr Andrew Lansley.)

Message to the Lords to communicate the Resolution.