House of Commons
Session 2017-19
Votes and Proceedings
Tuesday 29 January 2019
No. 242
The House met at 11.30 am.
Prayers
1Questions to the Chancellor of the Exchequer
2Statement: HMRC Estate Transformation (Mel Stride)
3European Union (Revocation of Notice of Withdrawal) (No. 2) Bill: Presentation (Standing Order No. 57)
Angus Brendan MacNeil, supported by Pete Wishart, presented a Bill to require the Prime Minister to revoke the notification, under Article 50(2) of the Treaty on European Union, of the United Kingdom’s intention to withdraw from the European Union, subject to the legislative consent of the Scottish Parliament and the National Assembly for Wales; and for connected purposes.
Bill read the first time; to be read a second time on Friday 8 February, and to be printed (Bill 326).
4Smoking Prohibition (National Health Service Premises): Motion for leave to bring in a Bill (Standing Order No. 23)
Ordered, That leave be given to bring in a Bill to prohibit smoking on National Health Service premises; and for connected purposes;
That Tracy Brabin, Mary Creagh, Mrs Sharon Hodgson, Bambos Charalambous, Thelma Walker, Yasmin Qureshi, Paula Sherriff, Holly Lynch and Dr Rosena Allin-Khan present the Bill.
Tracy Brabin accordingly presented the Bill.
Bill read the first time; to be read a second time on Friday 15 March, and to be printed (Bill 327).
5Business of the House (Today)
Ordered, That, at this day’s sitting, the Speaker shall put the questions necessary to dispose of proceedings on the motion tabled under section 13(6)(a) and 13(11)(b)(i) of the European Union (Withdrawal) Act 2018 in the name of the Prime Minister not later than 7.00 pm; such questions shall include the questions on any amendments selected by the Speaker which may then be moved; the questions may be put after the moment of interruption; and Standing Order No. 16 (Proceedings under an Act or on European Union documents) and Standing Order No. 41A (Deferred divisions) shall not apply.—(Michelle Donelan.)
6Section 13 of the European Union (Withdrawal) Act 2018
Motion made and Question proposed, That this House, in accordance with the provisions of section 13(6)(a) and 13(11)(b)(i) and 13(13)(b) of the European Union (Withdrawal) Act 2018, has considered the Written Statement titled “Statement under Section 13(4) of the European Union (Withdrawal) Act 2018” and made on 21 January 2019, and the Written Statement titled “Statement under Section 13(11)(a) of the European Union (Withdrawal) Act 2018”and made on 24 January 2019.—(The Prime Minister.)
The Speaker announced a time limit on backbench speeches (Standing Order No. 47(1)).
Question again proposed.
At 7.00 pm, the Speaker put the Questions necessary to dispose of proceedings on the Section 13 of the European Union (Withdrawal) Act 2018 Motion (Order, today).
Amendment (a) moved, in line 1, to leave out from “House” to end and add “requires ministers to secure sufficient time for the UK Parliament to consider and vote on options to prevent the UK leaving the EU without a ratified Withdrawal Agreement and Political Declaration, and that those options should include:
(i) negotiating changes to the draft Withdrawal Agreement and Political Declaration so as to secure a permanent customs union with the EU, a strong relationship with the single market underpinned by shared institutions and obligations, and dynamic alignment on rights and standards, in order to command a majority in the House of Commons;
(ii) legislating to hold a public vote on a deal or a proposition that has commanded the support of the majority of the House of Commons.”.—(Jeremy Corbyn.)
Question put forthwith, That the Amendment be made.
The House divided.
Division No. 307
Ayes: 296 (Tellers: Nic Dakin, Thangam Debbonaire)
Noes: 327 (Tellers: Wendy Morton, Iain Stewart)
Question accordingly negatived.
Amendment (o) moved, in line 1, to leave out from "House" to end and add “notes that the Scottish Parliament, National Assembly for Wales and House of Commons all voted overwhelmingly to reject the Prime Minister’s deal; calls for the Government to seek an extension of the period specified under Article 50(3) of the Treaty on European Union; agrees a No Deal outcome should be ruled out; and recognises that if the UK is an equal partnership of nations, the 62 per cent vote to remain at the EU referendum on 23 June 2016 in Scotland should be respected and that the people of Scotland should not be taken out of the EU against their will.”.—(Ian Blackford.)
Question put forthwith, That the Amendment be made.
The House divided.
Division No. 308
Ayes: 39 (Tellers: Marion Fellows, David Linden)
Noes: 327 (Tellers: Wendy Morton, Iain Stewart)
Question accordingly negatived.
Amendment (g) moved, at end to add "and orders that on 12 and 26 February and 5, 12, 19 and 26 March 2019—
(a) Standing Order No. 14(1), which provides that government business shall have precedence at every sitting save as provided in that order) shall not apply;
(b) a Motion in the name of the Chairman of Ways and Means “That this House has considered the United Kingdom’s departure from, and future relationship with, the European Union” shall stand as the first item of business;
(c) Standing Order No. 24B (Amendments to motions to consider specified matters) shall not apply to such motions;
(d) proceedings on the motion may continue for up to six and a half hours after its commencement, though opposed, and shall not be interrupted at the moment of interruption; and Standing Order No. 41A (Deferred divisions) will not apply; and
(e) at the conclusion of those proceedings, the Speaker shall put the questions necessary to dispose of proceedings on the motion, which shall include the questions on any amendments selected by the Speaker, which may then be moved.”.—(Mr Dominic Grieve.)
Question put forthwith, That the Amendment be made.
The House divided.
Division No. 309
Ayes: 301 (Tellers: Nic Dakin, Thangam Debbonaire)
Noes: 321 (Tellers: Wendy Morton, Iain Stewart)
Question accordingly negatived.
Amendment (b) moved, at end to add “and is conscious of the serious risks arising for the United Kingdom from exit without a withdrawal agreement and political declaration and orders accordingly that—
(1) on 5 February 2019—
(a) Standing Order No. 14(1) (which provides that government business shall have precedence at every sitting save as provided in that order) shall not apply;
(b) a Business of the House Motion in connection with the European Union (Withdrawal) (No. 3) Bill in the name of at least 10 Members, including at least four Members elected to the House as members of at least four different parties and at least two backers of that Bill shall stand as the first item of business;
(c) that motion may be proceeded with until any hour though opposed, shall not be interrupted at the moment of interruption, and, if under discussion when business is postponed, under the provisions of any standing order, may be resumed, though opposed, after the interruption of business; and Standing Order No. 41A (Deferred divisions) will not apply;
(d) at the conclusion of debate on that motion, the questions necessary to dispose of proceedings on that motion (including for the purposes of Standing Order No. 36(2) (Questions to be put following closure of debate)) shall include the questions on any amendments selected by the Speaker which may then be moved; and
(e) the second reading of the European Union (Withdrawal) (No. 3) Bill shall stand as the first order of the day; and
(2) in respect of the European Union (Withdrawal) (No. 3) Bill, notices of Amendments, new Clauses and new Schedules to be moved in Committee may be accepted by the Clerks at the Table before the Bill has been read a second time.—(Yvette Cooper.)
Question put forthwith, That the Amendment be made.
The House divided.
Division No. 310
Ayes: 298 (Tellers: Nic Dakin, Thangam Debbonaire)
Noes: 321 (Tellers: Wendy Morton, Iain Stewart)
Question accordingly negatived.
Amendment (j) moved, at end to add "and, in the event that the House of Commons has not passed a resolution approving the negotiated withdrawal agreement and the framework for the future relationship for the purposes of section 13(1)(b) of the European Union (Withdrawal) Act 2018 by 26 February 2019, requires the Prime Minister to seek an extension to the period of two years specified in Article 50(3) of the Treaty on European Union.”.—(Rachel Reeves.)
Question put forthwith, That the Amendment be made.
The House divided.
Division No. 311
Ayes: 290 (Tellers: Thangam Debbonaire, Nic Dakin)
Noes: 322 (Tellers: Wendy Morton, Iain Stewart)
Question accordingly negatived.
Amendment (i) moved, at end to add "and rejects the United Kingdom leaving the European Union without a Withdrawal Agreement and a Framework for the Future Relationship.”.—(Dame Caroline Spelman.)
Question put forthwith, That the Amendment be made.
The House divided.
Division No. 312
Ayes: 318 (Tellers: Thangam Debbonaire, Nic Dakin)
Noes: 310 (Tellers: Wendy Morton, Iain Stewart)
Question accordingly agreed to.
Amendment (n) moved, at end to add "and requires the Northern Ireland backstop to be replaced with alternative arrangements to avoid a hard border; supports leaving the European Union with a deal and would therefore support the Withdrawal Agreement subject to this change.”.—(Sir Graham Brady.)
Question put forthwith, That the Amendment be made.
The House divided.
Division No. 313
Ayes: 317 (Tellers: Craig Whittaker, Andrew Stephenson)
Noes: 301 (Tellers: Thangam Debbonaire, Nic Dakin)
Question accordingly agreed to.
Main Question, as amended, put forthwith and agreed to.
Resolved, That this House, in accordance with the provisions of section 13(6)(a) and 13(11)(b)(i) and 13(13)(b) of the European Union (Withdrawal) Act 2018, has considered the Written Statement titled “Statement under Section 13(4) of the European Union (Withdrawal) Act 2018” and made on 21 January 2019, and the Written Statement titled “Statement under Section 13(11)(a) of the European Union (Withdrawal) Act 2018” and made on 24 January 2019; and rejects the United Kingdom leaving the European Union without a Withdrawal Agreement and a Framework for the Future Relationship; and requires the Northern Ireland backstop to be replaced with alternative arrangements to avoid a hard border; supports leaving the European Union with a deal and would therefore support the Withdrawal Agreement subject to this change.
7Statutory Instruments: Motions for Approval
(1) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Floods and Water (Amendment etc.) (EU Exit) Regulations 2019, which were laid before this House on 5 December 2018, be approved.—(Jo Churchill.)
The Speaker’s opinion as to the decision of the Question was challenged.
Division deferred until tomorrow (Standing Order No. 41A).
(2) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Environment (Amendment etc.) (EU Exit) Regulations 2019, which were laid before this House on 5 December 2018, be approved.—(Jo Churchill.)
Question agreed to.
(3) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019, which were laid before this House on 10 December 2018, be approved.—(Jo Churchill.)
Question agreed to.
(4) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Carriage of Dangerous Goods (Amendment) Regulations 2019, which were laid before this House on 20 December 2018, be approved.—(Jo Churchill.)
The Speaker’s opinion as to the decision of the Question was challenged.
Division deferred until tomorrow (Standing Order No. 41A).
(5) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2018, which were laid before this House on 17 December 2018, be approved.—(Jo Churchill.)
Question agreed to.
A public petition from residents of the United Kingdom relating to levels of pay in further education was presented and read by Jenny Chapman.
Subject: Use of the Vagrancy Act 1824 (Layla Moran)
Resolved, That this House do now adjourn.—(Steve Brine.)
Adjourned at 9.24 pm until tomorrow.
Other Proceedings
Changes to Notices Given
Bill to be considered on Friday 22 March.
General Committees: Reports
11Fifth Delegated Legislation Committee
Mr Nigel Evans (Chair) reported the draft Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019.
12Sixth Delegated Legislation Committee
Mrs Madeleine Moon (Chair) reported the draft Broadcasting (Amendment) (EU Exit) Regulations 2019.
13Seventh Delegated Legislation Committee
Mr Laurence Robertson (Chair) reported the draft Fisheries (Amendment) (EU Exit) Regulations 2019.
14Eighth Delegated Legislation Committee
Mr Charles Walker (Chair) reported the draft Maritime Transport Access to Trade and Cabotage (Revocation) (EU Exit) Regulations 2019.
15Thirteenth Delegated Legislation Committee
Mr George Howarth (Chair) reported the draft European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2018 and the draft European Qualifications (Pharmacists) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2018.
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).
16Eighth Delegated Legislation Committee (draft Maritime Transport Access to Trade and Cabotage (Revocation) (EU Exit) Regulations 2019)
Members: Mr John Baron and Diana Johnson discharged and Gerald Jones and Tom Pursglove nominated in substitution.
17Tenth Delegated Legislation Committee (draft Motor Vehicles (International Circulation) (Amendment) (EU Exit) Order 2019)
Members: Lee Rowley discharged and John Lamont nominated in substitution.
Reports from Select Committees
18Backbench Business Committee
Determination of business to be taken on 31 January in the Chamber, with Annex containing a transcript of representations made on 29 January, to be published (Ian Mearns).
19Business, Energy and Industrial Strategy Committee
(1) Gas storage: Written evidence, to be published (HC 1666);
(2) Correspondence with the Chief Executive, Patisserie Holdings plc: Written evidence, to be published;
(3) Correspondence with the Minister for Implementation, Cabinet Office relating to pre-appointment hearings: Written evidence, to be published
(Rachel Reeves).
(1) Global Islamist terrorism: Oral evidence, to be published (HC 735);
(2) Consequences for UK Defence of INF withdrawal: Written evidence, to be published (HC 1734);
(3) Mental Health and the Armed Forces, Part Two: The Provision of Care: Written evidence, to be published (HC 1481);
(4) UK response to hybrid threats: Written evidence, to be published (HC 1816)
(Dr Julian Lewis).
(1) Tackling disadvantage in the early years: Ninth Report, to be printed, with the formal minutes relating to the Report (HC 1006);
(2) Special educational needs and disabilities: Oral evidence, to be published (HC 968);
(3) Accountability hearings: Written evidence, to be published (HC 341);
(4) School and college funding: Written evidence, to be published (HC 969)
(Robert Halfon).
22Environmental Audit Committee
(1) Interim Report on the Sustainability of the Fashion Industry: Fifteenth Report, to be printed, with the formal minutes relating to the Report (HC 1148);
(2) Correspondence with the Minister of State for Agriculture, Fisheries and Food regarding fishing arrangements and leaving the European Union: Written evidence, to be published;
(3) Planetary health: Written evidence, to be published (HC 1803);
(4) Sustainability of the fashion industry: Written evidence, to be published (HC 1148);
(5) UK export finance: Written evidence, to be published (HC 1804)
(Mary Creagh).
23European Statutory Instruments Committee
Sixteenth Report, to be printed, with the formal minutes relating to the Report (HC 1841) (Sir Patrick McLoughlin).
(1) Global Britain and South America: Oral evidence, to be published (HC 1617);
(2) China and the international rules-based system: Written evidence, to be published (HC 612);
(3) Correspondence with the Department for Exiting the European Union relating to EU free trade agreements: Written evidence, to be published;
(4) Correspondence with the Foreign and Commonwealth Office relating to the US withdrawal from Syria: Written evidence, to be published
(Tom Tugendhat).
(1) Serious violence: Oral evidence, to be published (HC 1016);
(2) English Channel migrant crossings: Written evidence, to be published (HC 1900);
(3) Modern slavery: Written evidence, to be published (HC 1460)
(Yvette Cooper).
26International Development Committee
(1) UK aid for combating climate change: Oral and written evidence, to be published (HC 1432);
(2) Correspondence from the Secretary of State relating to clause 4 of the Counter-Terrorism and Border Security Bill: Written evidence, to be published
(Stephen Twigg).
(1) Record of the Committee’s decisions relating to e-petitions, to be published;
(2) List of closed e-petitions presented to the House, to be published;
(3) Online abuse and the experience of disabled people: Written evidence, to be published (HC 759)
(Helen Jones).
28Public Administration and Constitutional Affairs Committee
(1) The role of Parliament in the UK Constitution: Mechanisms allowing Parliament to direct the Executive: Oral and written evidence, to be published (HC 1907);
(2) Governance of statistics: Written evidence, to be published (HC 1820)
(Sir Bernard Jenkin).
29Science and Technology Committee
(1) Impact of social media and screen-use on young people’s health: Fourteenth Report, to be printed, with the formal minutes relating to the Report (HC 822);
(2) My Science Inquiry: Oral evidence, to be published (HC 1716);
(3) Balance and effectiveness of research and innovation spending: Written evidence, to be published (HC 1453);
(4) Brexit, Science and Innovation: preparations for ‘No-Deal’: Written evidence, to be published (HC 1857);
(5) Correspondence with the Minister for Countering Extremism, Home Office, relating to the Biometrics Strategy and the Forensic Science Review: Written evidence, to be published;
(6) Correspondence with Dr Gillian Tully, Forensic Science Regulator, relating to forensic science regulation: Written evidence, to be published;
(7) Correspondence with the Minister for Digital and the Creative Industries, Department for Digital, Culture, Media and Sport, relating to the ‘Internet of Things’: Written evidence, to be published;
(8) Digital government: Written evidence, to be published (HC 1455)
(Norman Lamb).
(1) Future of Scotland’s oil and gas industry: Sixth Report, to be printed, with the formal minutes relating to the Report (HC 996);
(2) The future of Scottish agriculture post-Brexit: Written evidence, to be published (HC 1637)
(Pete Wishart).
(1) The UK's economic relationship with the European Union: Oral evidence, to be published (HC 473);
(2) The conduct of tax enquiries and resolution of tax disputes: Written evidence taken before the Sub-Committee, to be published (HC 933)
(Nicky Morgan).
Devolution of Air Passenger Duty to Wales: Oral and written evidence, to be published (HC 1575) (David T. C. Davies).
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))
1Support for children with life-limiting and life-threatening conditions and their families
Motion made and Question proposed, That this House has considered support for children with life-limiting and life-threatening conditions and their families.—(Jim Shannon.)
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)).
Resolved, That this House has considered support for children with life-limiting and life-threatening conditions and their families.
2Effectiveness of short prison sentences
Motion made and Question proposed,That this House has considered the effectiveness of short prison sentences.—(Chris Evans.)
At 11.30 am, the Motion lapsed (Standing Order No. 10(6)).
The sitting was suspended between 11.30 am and 2.30 pm (Standing Order No. 10(1)(b)).
Resolved, That this House has considered human rights in Xinjiang.—(Mr Alistair Carmichael.)
The sitting was suspended between 4.00 pm and 4.30 pm.
4Political situation in Venezuela
Motion made and Question proposed, That this House has considered the political situation in Venezuela.—(Graham P Jones.)
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)).
Resolved, That this House has considered the political situation in Venezuela.
Sitting adjourned without Question put (Standing Order No. 10(14)).
Adjourned at 5.28 pm until tomorrow.
Lindsay Hoyle
Chairman of Ways and Means
Papers Laid
Papers subject to Affirmative Resolution
1Exiting the European Union (European Union)
Draft European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019 (by Act), with an Explanatory Memorandum (by Act) (Chris Heaton-Harris)
2Exiting the European Union (Financial Services)
Draft Financial Regulators’ Powers (Technical Standards etc.) and Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2019 (by Act), with an Explanatory Memorandum (by Act) (John Glen)
3Exiting the European Union (Merchant Shipping)
Draft Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (by Act), with an Explanatory Memorandum (by Act) (Secretary Chris Grayling)
Papers subject to Negative Resolution
Agreement, done at Davos on 25 January 2019, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Swiss Federal Council on the International Carriage of Passengers and Goods by Road (by Command) (CP 5), with an Explanatory Memorandum (by Command) (Secretary Jeremy Hunt)
Agreement, done at Zurich on 17 December 2018, between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation relating to Scheduled Air Services (by Command) (CP 25), with an Explanatory Memorandum (by Command) (Secretary Jeremy Hunt)
Other papers
Monitoring places of detention: Ninth Annual Report of the United Kingdom's National Preventive Mechanism for 2017–18 (by Command) (CP 17) (Secretary David Gauke)
Withdrawn papers
7Legislative and Regulatory Reform
Draft Legislative Reform (Horserace Betting Levy) Order 2018 (laid 9 October 2018)
SPEAKER'S CERTIFICATE
Proxy Voting for Parental Absence
The Speaker has certified, under the terms of the temporary Standing Order on voting by proxy for parental absence and the Resolution of the House of 28 January, that Holly Lynch is is eligible to have a proxy vote cast on her behalf, starting from 30 January 2019 and finishing on 20 March 2019. The nominated proxy is Mark Tami.