House of Commons

House of Commons Votes and Proceedings
Tuesday
30 January 2018

No. 88

The House met at 11.30 am.

Prayers

1Questions to the Secretary of State for Business, Energy and Industrial Strategy

2Urgent Questions: (1) Leaving the EU: economic analysis (Mr Steve Baker)

(2) Personal Independence Payment back payments (Sarah Newton)

3Kew Gardens (Leases): Motion for leave to bring in a Bill (Standing Order No. 23)

Ordered, That leave be given to bring in a Bill to provide that the Secretary of State’s powers in relation to the management of the Royal Botanic Gardens, Kew, include the power to grant a lease in respect of land for a period of up to 150 years;

That Zac Goldsmith, Mr Ian Liddell-Grainger, Richard Benyon, Ruth Cadbury, Theresa Villiers, Dr Matthew Offord, Robert Neill, Bob Blackman, Paul Scully, Mr Iain Duncan Smith, Chris Philp and Andy Slaughter present the Bill.

Zac Goldsmith accordingly presented the Bill.

Bill read the first time; to be read a second time on Friday 2 February, and to be printed (Bill 158).

4High Speed Rail (West Midlands - Crewe) Bill: Second Reading

Motion made and Question proposed, That the High Speed Rail (West Midlands - Crewe) 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 recognising the increasing need for additional north-south rail line capacity to relieve congestion on the West Coast Main Line south of the Midlands and to improve connectivity between major cities and with London, declines to give the High Speed Rail (West Midlands - Crewe) Bill a Second Reading because (1) there are better ways to address any rail capacity issues north of the Midlands, (2) the line set out in the Bill is routed through unspoiled countryside unnecessarily damaging the environment including wildlife habitats, ancient woodlands and waterways, fails to connect via HS2 Phase 1 with HS1, the Channel Tunnel and the European continent, fails to connect directly through HS2 Phase 1 with potential airport hubs for London and the south-east of England, and fails to connect directly to existing major mainline stations and the existing rail network, (3) the Bill provides inadequate compensation to those blighted by the route and those whose property is subject to compulsory purchase orders, (4) the Bill fails to provide for sufficient public transport to disperse HS2 passengers disembarking at London Euston, and (5) the Bill does not implement a more environmentally sympathetic, better integrated, and more cost-effective route, such as the route originally proposed by Arup which would have used existing transport corridors minimising environmental damage and reducing costs by around £10 billion, and which would have connected directly with HS1 and the continent, London Heathrow Airport, Birmingham International Airport, and major conurbations.'.—(Michael Fabricant.)

Question proposed, That the Amendment be made.

Amendment, by leave, withdrawn.

Question put, That the Bill be now read a second time.

The House divided.

Division No. 109.

Ayes: 295 (Tellers: Kelly Tolhurst, Mims Davies).

Noes: 12 (Tellers: Ben Lake, Jeremy Lefroy).

Question accordingly agreed to.

Bill accordingly read a second time.

5High Speed Rail (West Midlands - Crewe) Bill: 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 High Speed Rail (West Midlands - Crewe) Bill, it is expedient to authorise the payment out of money provided by Parliament of:    

(1) any expenditure incurred by the Secretary of State in consequence of the Act, and    

(2) any increase attributable to the Act in the sums payable out of money so provided under any other enactment.—(Chris Heaton-Harris.)

Question agreed to.

6Business of the House

That at this day’s sitting the Motion in the name of Andrea Leadsom relating to Business of the House may be proceeded with, though opposed, until any hour, and Standing Order No. 41A (Deferred divisions) will not apply.—(Chris Heaton-Harris.)

7Business of the House (Today)

Ordered, That in respect of the Motions in the name of Secretary Chris Grayling relating to  

(1) the High Speed Rail (West Midlands - Crewe) Bill; and

(2) Positions for which additional salaries are payable for the purposes of section 4A(2) of the Parliamentary Standards Act 2009,  

the Speaker shall put the Questions necessary to dispose of proceedings not later than one and a half hours after the commencement of proceedings on the Motion for this Order (notwithstanding, in respect of item (2) above, the provisions of paragraph (1) of Standing Order No. 16); such Questions shall include the Questions on any Amendments selected by the Speaker which may then be moved; proceedings may continue, though opposed, after the moment of interruption; and Standing Order No. 41A (Deferred divisions) shall not apply.—(Chris Heaton-Harris.)

8High Speed Rail (West Midlands - Crewe) Bill: Committal

Ordered,

1. That the Bill be committed to a Select Committee of five members, all of whom are to be nominated by the Selection Committee.

2. That in determining the composition of the Select Committee the Selection Committee shall nominate three members from the Government and two from the Opposition.

3. That there shall stand referred to the Select Committee—

(a)   any petition against the Bill submitted to the Private Bill Office between 30 January 2018 and 26 February 2018, and

(b)  any petition which has been submitted to the Private Bill Office and in which the petitioners complain of any amendment as proposed in the filled-up Bill or of any matter which has arisen during the progress of the Bill before the Select Committee, (and references in this sub-paragraph to the submission of a petition are to its submission electronically, by post or in person).

4. That, notwithstanding the practice of the House that appearances on petitions against an opposed private bill be required to be entered at the first meeting of the Select Committee on the bill, in the case of any such petitions as are mentioned in paragraph 3(a) above on which appearances are not entered at that meeting, the Select Committee shall appoint a later day or days on which it will require appearances on those petitions to be entered.

5. That any petitioners whose petitions stand referred to the Select Committee shall, subject to the rules and orders of the House, be entitled to be heard upon their petition by themselves, their counsel, representatives or parliamentary agents provided that the petition is prepared in conformity with the rules and orders of the House; and the member in charge of the Bill shall be entitled to be heard through counsel or agents in favour of the Bill against any such petition.

6. That in applying the rules of the House in relation to parliamentary agents, any reference to a petitioner in person shall be treated as including a reference to a duly authorised member or officer of an organisation, group or body.

7. That the Select Committee have power to sit notwithstanding any adjournment of the House, to adjourn from place to place and to report from day to day the minutes of evidence taken before it.

8. That the Select Committee have power to make special reports from time to time.

9. That three be the quorum of the Select Committee.—(Chris Heaton-Harris.)

9High Speed Rail (West Midlands - Crewe) Bill: Instruction

Ordered, That it be an Instruction to the Select Committee to which the High Speed Rail (West Midlands - Crewe) Bill is committed to deal with the Bill as follows:

1. The Committee shall treat the principle of the Bill, as determined by the House on the Bill’s Second Reading, as comprising—

(a) the provision of a high speed railway between a junction with Phase One of High Speed 2 near Fradley Wood, in Staffordshire, and a junction with the West Coast Mainline near Crewe in Cheshire,

(b) in relation to the railway set out on the plans deposited in July 2017 in connection with the Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons, its broad route alignment, and

(c) the fact that there are to be no new stations on, or additional spurs from, the railway mentioned in sub-paragraph (b);

and those matters shall accordingly not be at issue during proceedings of the Committee.

2.–   (1) The Committee shall have power to consider any amendments proposed by the member in charge of the Bill which, if the Bill were a private bill, could not be made except upon petition for additional provision.

(2) Sub-paragraph (1) applies only so far as the amendments proposed by the member in charge of the Bill fall within the principle of the Bill as provided for by paragraph 1 above.

That these Orders be Standing Orders of the House.—(Chris Heaton-Harris.)

10High Speed Rail (West Midlands - Crewe) Bill: Carry-over

Ordered, That the following provisions shall apply to proceedings on the High Speed Rail (West Midlands - Crewe) Bill:

Suspension at end of current Session

1. Further proceedings on the Bill shall be suspended from the day on which this Session of Parliament ends (“the current Session”) until the next Session of Parliament (“the next Session”).

2. If a Bill is presented in the next Session in the same terms as those in which the Bill stood when proceedings on it were suspended in the current Session—

(a)   the Bill so presented shall be ordered to be printed and shall be deemed to have been read the first and second time;

(b)   the Standing Orders and practice of the House applicable to the Bill, so far as complied with or dispensed with in the current Session, shall be deemed to have been complied with or (as the case may be) dispensed with in the next Session; and

(c)    the Bill shall be dealt with in accordance with—

(i)  paragraph 3, if proceedings in Select Committee were not completed when proceedings on the Bill were suspended,

(ii)  paragraph 4, if proceedings in Public Bill Committee were begun but not completed when proceedings on the Bill were suspended,

(iii)  paragraph 5, if the Bill was waiting to be considered when proceedings on it were suspended,

(iv)  paragraph 6, if the Bill was waiting for proceedings in legislative grand committee when proceedings on it were suspended,

(v)  paragraph 7, if the Bill was waiting for third reading when proceedings on it were suspended, or

(vi)  paragraph 8, if the Bill has been read the third time and sent to the House of Lords.

3. If this paragraph applies—

(a)    the Bill shall stand committed to a Select Committee of such Members as were members of the Committee when proceedings on the Bill were suspended in the current Session;

(b)   any instruction of the House to the Committee in the current Session shall be an instruction to the Committee on the Bill in the next Session;

(c)    all petitions submitted in the current Session which stand referred to the Committee and which have not been withdrawn, and any petition submitted between the day on which the current Session ends and the day on which proceedings on the Bill are resumed in the next Session in accordance with this Order, shall stand referred to the Committee in the next Session;

(d)   any minutes of evidence taken and any papers laid before the Committee in the current Session shall stand referred to the Committee in the next Session;

(e)    only those petitions mentioned in sub-paragraph (c), and any petition which may be submitted to the Private Bill Office and in which the petitioners complain of any proposed additional provision or of any matter which has arisen during the progress of the Bill before the Committee in the next Session, shall stand referred to the Committee;

(f)    any petitioners whose petitions stand referred to the Committee in the next Session shall, subject to the rules and orders of the House, be entitled to be heard upon their petition by themselves, their counsel, representatives or parliamentary agents provided that the petition is prepared and signed in conformity with the rules and orders of the House; and the Member in charge of the Bill shall be entitled to be heard through counsel or agents in favour of the Bill against any such petition;

(g)   in applying the rules of the House in relation to parliamentary agents, any reference to a petitioner in person shall be treated as including a reference to a duly authorised member or officer of an organisation, group or body;

(h)   the Committee shall have power to sit notwithstanding any adjournment of the House, to adjourn from place to place, and to report from day to day minutes of evidence taken before it;

(i)     the Committee shall have power to make special reports from time to time;

(j)     three shall be the quorum of the Committee;

(k)   any person registered in the current Session as a parliamentary agent entitled to practise as such in opposing Bills only who, at the time when proceedings on the Bill were suspended in the current Session, was employed in opposing the Bill shall be deemed to have been registered as such a parliamentary agent in the next Session.

4. If this paragraph applies, the Bill shall be deemed to have been reported from the Select Committee and to have been re-committed to a Public Bill Committee.

5. If this paragraph applies—

(a)    the Bill shall be deemed to have been reported from the Select Committee and from the Public Bill Committee, and

(b)   the Bill shall be set down as an order of the day for consideration.

6. If this paragraph applies—

(a)    the Bill shall be deemed to have been reported from the Select Committee and from the Public Bill Committee and to have been considered, and

(b)   the Bill shall be set down as an order of the day for further consideration.

7. If this paragraph applies—

(a)    the Bill shall be deemed to have been reported from the Select Committee and from the Public Bill Committee, to have been considered and to have completed any proceedings in legislative grand committee, and

(b)   the Bill shall be set down as an order of the day for third reading.

8. If this paragraph applies, the Bill shall be deemed to have passed through all its stages in this House.

Other

9. In paragraph 1 above the reference to further proceedings does not include proceedings under Standing Order 224A(8) (deposit of supplementary environmental information).

10. In paragraph 3 above references to the submission of a petition are to its submission electronically, by post or in person.

That the above Orders be Standing Orders of the House.—(Chris Heaton-Harris.)

 

11Positions for which additional salaries are payable for the purposes of section 4A(2) of the Parliamentary Standards Act 2009

Ordered, That the Order of the House of 19 March 2013 (Positions for which additional salaries are payable for the purposes of section 4A(2) of the Parliamentary Standards Act 2009) be amended, in paragraph (1)(a), by inserting, in the appropriate place, “the Select Committee on the High Speed Rail (West Midlands - Crewe) Bill”.—(Chris Heaton-Harris.)

12Statutory Instruments: Motions for Approval

(1) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Double Taxation Relief and International Tax Enforcement (Colombia) Order 2017, which was laid before this House on 14 September 2017, be approved.—(Chris Heaton-Harris.)

Question agreed to.

(2) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Double Taxation Relief and International Tax Enforcement (Lesotho) Order 2017, which was laid before this House on 14 September 2017, be approved.—(Chris Heaton-Harris.)

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

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

(3) Motion made and Question put forthwith (Standing Order No. 118(6)), That the Local Government Finance Act 1988 (Non-Domestic Rating Multipliers) (England) Order 2017, which was laid before this House on 20 December 2017, be approved.—(Chris Heaton-Harris.)

Question agreed to.

(4) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Gambling Act 2005 (Amendment of Schedule 6) Order, which was laid before this House on 14 December 2017, be approved.—(Chris Heaton-Harris.)

Question agreed to.

(5) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Community Infrastructure Levy (Amendment) Regulations 2018, which were laid before this House on 13 December 2017, be approved.—(Chris Heaton-Harris.)

Question agreed to.

(6) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2017, which were laid before this House on 7 December 2017, be approved.—(Chris Heaton-Harris.)

Question agreed to.

13Public petitions

A public petition from residents of Bishop Auckland, Shildon, Spennymoor and Teesdale relating to the Universal Credit programme was presented and read by Helen Goodman.

14Adjournment

Subject: Lorry parking (Helen Whately)

Resolved, That this House do now adjourn.—(Chris Heaton-Harris.

Adjourned at 7.41 pm until tomorrow.

Other Proceedings

Changes to Notices Given

15Leasehold Reform Bill

Order for Second Reading on Friday 2 February, read and discharged.

Bill to be read a second time on Friday 26 October.

Explanatory Notes to Bills

16Kew Gardens (Leases) (No. 2) Bill

Explanatory Notes to the Bill to be printed (Bill 158-EN).

General Committees: Reports

17Fifth Delegated Legislation Committee

Phil Wilson (Chair) reported the Draft Financial Assistance Scheme (Increased Cap for Long Service) Regulations 2018.

18Taxation (Cross-border Trade) Bill Committee

Mrs Anne Main (Chair) reported written evidence submitted to the Committee.

Written evidence to be published.

19Trade Bill Committee

Joan Ryan (Chair) reported written evidence submitted to the Committee.

Written evidence to be published.

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 Selection Committee nominates Members to serve on General Committees (and certain Members to serve on Grand Committees).

20Third Delegated Legislation Committee (draft Human Fertilisation and Embryology (Amendment) Regulations 2018 and the draft Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018)

Members: Richard Burden discharged and John Woodcock nominated in substitution.

21Fifth Delegated Legislation Committee (draft Financial Assistance Scheme (Increased Cap for Long Service) Regulations 2018)

Members: Jo Churchill discharged and Nigel Adams nominated in substitution.

22Sixth Delegated Legislation Committee (draft Littering From Vehicles Outside London (Keepers Civil Penalties) Regulations 2018)

Members: Kate Hoey discharged and Catherine West nominated in substitution.

Reports from Select Committees

23Defence Committee

Sunset for the Royal Marines? The Royal Marines and UK amphibious capability:

(i) Third Report, to be printed, with the formal minutes relating to the Report (HC 622);

(ii) Written evidence, to be published (HC 622)

(Dr Julian Lewis).

24Digital, Culture, Media and Sport Committee

(1) BBC pay: Written evidence, to be published (HC 732);

(2) Fake news: Written evidence, to be published (HC 363)

(Damian Collins).

25Education and Health Committees

Transforming children and young people’s mental health provision: Oral and written evidence, to be published (HC 642) (Robert Halfon).

26Environmental Audit Committee

(1) Chinese restrictions on imported waste: Oral and written evidence, to be published (HC 741);

(2) Correspondence with the Administration Committee on disposable packaging: Written evidence, to be published (HC 339);

(3) Correspondence with the Secretary of State for Education on sustainable development goals: Written evidence, to be published;

(4) Nitrates: Written evidence, to be published (HC 656);

(5) The future of chemicals regulation after the EU referendum: Written evidence, to be published (HC 389)

(Mary Creagh).

27Foreign Affairs Committee

(1) Global Britain: Oral evidence, to be published (HC 780); 

(2) Kurdish aspirations and the interests of the UK: Written evidence, to be published (HC 518); 

(3) Quarterly update on FCO management issues October to December 2017: Written evidence, to be published

(Tom Tugendhat). 

 

28Home Affairs Committee

(1) Counter-terrorism: Oral evidence, to be published (HC 750);

(2) Hate crime and its violent consequences: Written evidence, to be published (HC 683); 

(3) Home Office delivery of Brexit: immigration: Written evidence, to be published (HC 421); 

(4) Policing for the future: Written evidence, to be published (HC 515)

(Yvette Cooper).

29International Development Committee

(1) DFID’s work in Bangladesh, Burma and on the Rohingya crisis: Written evidence, to be published (HC 504);

(2) Definition and administration of ODA: Written evidence, to be published (HC 547)

(Stephen Twigg).

30Justice Committee

(1) Transforming rehabilitation: Part of the oral evidence, to be published (HC 482);

(2) Correspondence with the Secretary of State for Justice relating to Carillion: Written evidence, to be published

(Robert Neill).

31Petitions Committee

Record of the Committee’s decisions relating to e-petitions, to be published (Helen Jones). 

32Public Administration and Constitutional Affairs Committee

(1) The Report of the Lord Speaker’s Committee on the size of the House of Lords: Oral evidence, to be published (HC 662);

(2) Parliamentary Boundary Reviews after 2018: Written evidence, to be published (HC 559)

(Mr Bernard Jenkin). 

33Science and Technology Committee

(1) Research integrity: Oral and written evidence, to be published (HC 350);

(2) Genomics and genome-editing in the NHS: Written evidence, to be published (HC 349);

(3) Pre-appointment hearing for Medical Research Council and UK Research and Innovation chairs: Written evidence, to be published (HC 747) 

(Norman Lamb).

34Scottish Affairs Committee

(1) Immigration and Scotland: Oral evidence, to be published (HC 488);

(2) RBS branch closures: Written evidence, to be published (HC 682)

(Pete Wishart).

35Treasury Committee

(1) RBS Global Restructuring Group and its treatment of SME customers: Oral evidence, to be published (HC 737);

(2) Correspondence from the Chief Executive of the Financial Conduct Authority relating to its consultation on redress for SMEs: Written evidence, to be published

(Nicky Morgan).

36Welsh Affairs Committee

(1) Brexit: Agriculture, trade and the repatriation of powers: Oral evidence, to be published (HC 402)

(2) The cancellation of rail electrification in South Wales: Written evidence, to be published (HC 403)

(David T. C. Davies).

37Work and Pensions and Business, Energy and Industrial Strategy Committees

Carillion: Oral and written evidence, to be published (HC 769)

(Frank Field).

John Bercow

Speaker

Westminster Hall

The sitting began at 9.30 am.

Business appointed by the Chairman of Ways and Means (Standing Order No. 10(6))

1Marriage and Government policy

Resolved, That this House has considered marriage and Government policy.—(Derek Thomas.)

2NHS negligence cases

Resolved, That this House has considered NHS negligence cases.—(Andrew Gwynne.)

The sitting was suspended between 11.27 am and 2.30 pm (Standing Order No. 10(1)(b)).

3Treatment of adults with autism by the criminal justice system

Resolved, That this House has considered the treatment of adults with autism by the criminal justice system.—(Kevin Brennan.)

The sitting was suspended between 3.47 pm and 4.00 pm.

4Youth activities and sport within the Erasmus Plus programme

Resolved, That this House has considered youth activities and sport within the Erasmus Plus programme.—(Lloyd Russell-Moyle.)

The sitting was suspended between 4.27 pm and 4.30 pm.

5Town and village plans

Motion made and Question proposed, That this House has considered town and village plans.—(George Freeman.)

The Chair announced a time limit on backbench speeches (under the authority of the Chairman of Ways and Means and Standing Order No. 47(1)).

At 5.30 pm, the Motion lapsed (Standing Order No. 10(14)).

Sitting adjourned without Question put (Standing Order No. 10(14)).

Adjourned at 5.30 pm until tomorrow.

Lindsay Hoyle

Chairman of Ways and Means

Papers Laid

Papers subject to Affirmative Resolution

1Criminal Law

Draft Electronic Commerce Directive (Miscellaneous Provisions) Regulations 2018 (by Act), with an Explanatory Memorandum (by Command) (Margot James)

Papers subject to Negative Resolution

2Environmental Protection

Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I., 2018, No. 98), dated 26 January 2018 (by Act), with an Explanatory Memorandum (by Command) (Secretary Michael Gove)

3Telecommunications

Explanatory Memorandum and Impact Assessment for the Radio Equipment Regulations 2017 (S.I., 2017, No. 1206), laid 5 December 2017 (by Act) (Andrew Griffiths)

Other papers

4Trunk Road Charging Schemes (Bridges and Tunnels) (Keeping of Accounts)

Dartford–Thurrock River Crossing Charging Scheme Accounts 2016-17 (by Statutory Instrument) (Secretary Chris Grayling)

5UK Borders

(1) An inspection of the Home Office's mechanisms for learning from immigration litigation April–July 2017 (by Act) (Secretary Amber Rudd)

(2) An inspection of the Home Office's production and use of Country of Origin Information April–August 2017 (by Act) (Secretary Amber Rudd)

(3) An inspection of the review and removal of immigration, refugee and citizenship "status" April–August 2017 (by Act) (Secretary Amber Rudd)

Withdrawn papers

6Telecommunications

Explanatory Memorandum to the Radio Equipment Regulations 2017 (S.I., 2017, No. 1206) (laid 5 December 2017)

Speaker's Certificate

The Speaker has certified, for the purposes of Standing Order No. 83P, and on the basis of material put before him, that, in his opinion, the following instrument relates exclusively to England and Wales and is within devolved legislative competence, as defined in Standing Order No. 83P.

Draft Waste Enforcement (England and Wales) Regulations 2018

 

 

Prepared 30 January 2018