House of Commons

Votes and Proceedings
Tuesday 12 February 2019

No. 251

The House met at 11.30 am.

Prayers

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

2Statement: Leaving the EU (The Prime Minister)

3Royal Assent

The Speaker reported that the Queen had signified Royal Assent to the following Acts under the Royal Assent Act 1967:

Finance Act 2019

Voyeurism (Offences) Act 2019

Counter-Terrorism and Border Security Act 2019

Tenant Fees Act 2019

Crime (Overseas Production Orders) Act 2019

4Statement: Cairncross Review (Secretary Jeremy Wright)

5Child Cruelty (Sentences): Motion for leave to bring in a Bill (Standing Order No. 23)

Ordered, That leave be given to bring in a Bill to increase the maximum custodial sentence for the offences of child cruelty and causing or allowing a child or vulnerable adult to die or suffer serious physical harm to imprisonment for life; and for connected purposes;

That Tom Tugendhat, Sarah Champion, Tim Loughton, Bob Blackman, Philip Davies, Mr Edward Vaizey, Henry Smith, Ruth Smeeth, Ian Austin, Victoria Prentis, John Mann and Nicky Morgan present the Bill.

Tom Tugendhat accordingly presented the Bill.

Bill read the first time; to be read a second time on Friday 15 March, and to be printed (Bill 334).

6Mental Capacity (Amendment) Bill [Lords] (Report Stage): Consideration of the Bill, as amended in the Public Bill Committee

Amendment 1 proposed.—(Chris Bryant.)

Question proposed, That the Amendment be made.

Amendment, by leave, withdrawn.

Amendments 5 to 37 made.

Amendment 49 proposed.—(Barbara Keeley.)

Question put, That the Amendment be made.

The House divided.

Division No. 325

Ayes: 252 (Tellers: Colleen Fletcher, Stephanie Peacock)

Noes: 303 (Tellers: Wendy Morton, Iain Stewart)

Question accordingly negatived.

Since it was after 6.00 pm, the Deputy Speaker put the Questions necessary to bring the remaining proceedings on consideration to a conclusion (Programme Order, 18 December 2018).

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

(1) That Amendment 38 be made (Question on amendment moved by a Minister of the Crown).—(Caroline Dinenage.)

Question agreed to.

(2) That Amendment 50 be made (Question on Amendment selected by the Speaker for separate decision).—(Barbara Keeley.)

The House divided.

Division No. 326

Ayes: 249 (Tellers: Colleen Fletcher, Stephanie Peacock)

Noes: 301 (Tellers: Wendy Morton, Iain Stewart)

Question accordingly negatived.

(3) That Amendments 39 to 46 be made (Single Question on successive amendments moved by a Minister of the Crown).—(Caroline Dinenage.)

Question agreed to.

(4) That Amendment 51 be made (Question on amendment selected by the Speaker for separate decision).—(Barbara Keeley.)

The House divided.

Division No. 327

Ayes: 249 (Tellers: Stephanie Peacock, Colleen Fletcher)

Noes: 300 (Tellers: Wendy Morton, Iain Stewart)

Question accordingly negatived.

(5) That Amendment 47 be made (Question on amendment moved by a Minister of the Crown).—(Caroline Dinenage.)

Qustion agreed to.

7Suspension of sitting

The Speaker suspended the sitting for consideration of certification under Standing Order No. 83L.

8Speaker’s certification (Standing Order No. 83L(6))

The Speaker announced the certification in accordance with Standing Order No. 83L(2) in relation to the Mental Capacity (Amendment) Bill [Lords] (Speaker’s Certificate, today).

9Mental Capacity (Amendment) Bill [Lords]: Legislative Grand Committee (England and Wales)

The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M(3)).

(In the Legislative Grand Committee (England and Wales))

Motion made and Question put forthwith (Programme Order, 18 December 2018), That the Committee consents to the Mental Capacity (Amendment) Bill [Lords], as amended in the Public Bill Committee and on Report.—(Caroline Dinenage.)

Question agreed to.

The occupant of the Chair left the Chair to report the decision of the Committee  (Standing Order No. 83M(6)).

10Mental Capacity (Amendment) Bill [Lords]: Report of the Legislative Grand Committee (Standing Order No. 83M(6))

The Speaker resumed the Chair.

Jeremy Quin reported, That the Legislative Grand Committee (England and Wales) consents to the Mental Capacity (Amendment) Bill [Lords], as amended in the Public Bill Committee and on Report.

11Mental Capacity (Amendment) Bill [Lords]: Third Reading

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

At 7.00 pm, the debate was interrupted (Programme Order, 18 December 2018).

The Speaker put the Question necessary to bring proceedings on Third Reading to a conclusion (Programme Order, 18 December 2018).

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

The House divided.

Division No. 328

Ayes: 299 (Tellers: Wendy Morton, Iain Stewart).

Noes: 241 (Tellers: Stephanie Peacock, Colleen Fletcher).

Question agreed to.

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

12Statutory Instruments: Motions for Approval

(1) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019, which were laid before this House on 13 December 2018, be approved.—(Jeremy Quin.)

Question agreed to.

(2) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019, which were laid before this House on 13 December 2018, be approved.—(Jeremy Quin.)

Question agreed to.

(3) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019, which were laid before this House on 13 December 2018, be approved.—(Jeremy Quin.)

Question agreed to.

(4) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Representation of the People (Election Expenses Exclusion) (Amendment) Order 2019, which was laid before this House on 17 December 2018, be approved.—(Jeremy Quin.)

Question agreed to.

(5) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Combined Authorities (Mayoral Elections) (Amendment) Order 2019, which was laid before this House on 12 December 2018, be approved.—(Jeremy Quin.)

Question agreed to.

(6) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Local Authorities (Mayoral Elections) (England and Wales) (Amendment) (England) Regulations 2019, which were laid before this House on 12 December 2018, be approved.—(Jeremy Quin.)

Question agreed to.

(7) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019, which were laid before this House on 19 December 2018, be approved.—(Jeremy Quin.)

Question agreed to.

(8) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2018, which were laid before this House on 19 December 2018, be approved.—(Jeremy Quin.)

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

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

(9) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Northern Ireland (Ministerial Appointment Functions) Regulations 2019, which were laid before this House on 9 January, be approved.—(Jeremy Quin.)

Question agreed to.

(10) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Social Security (Contributions) (Rates, Limits and Thresholds Amendments and National Insurance Funds Payments) Regulations 2019, which were laid before this House on 16 January, be approved.—(Jeremy Quin.)

Question agreed to.

(11) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Tax Credits and Guardian's Allowance Up-rating Regulations 2019, which were laid before this House on 16 January, be approved.—(Jeremy Quin.)

Question agreed to.

13Public petitions

(1) A public petition from residents of Falkirk constituency relating to roadside littering from vehicles was presented and read by John McNally.

(2) A public petition from residents of Lowestoft, Suffolk relating to the Community Energy Saving Programme in Lowestoft was presented and read by Peter Aldous.

(3) A public petition from residents of the United Kingdom relating to the closure of York’s Crown Post Office was presented and read by Rachael Maskell.

(4) A public petition from the parents, carers, staff and governors of Central Community maintained nursery school in Derby relating to the future of maintained nursery schools was presented and read by Chris Williamson.

(5) A public petition from the parents, carers, staff and governors of Whitecross maintained nursery school in Derby City relating to the future of maintained nursery schools was presented and read by Chris Williamson.

(6) A public petition from the parents, carers, staff and governors of Ashgate maintained nursery school in Derby relating to the future of maintained nursery schools was presented and read by Chris Williamson.

14Adjournment

Subject: Licensing of medical devices (Owen Smith)

Resolved, That this House do now adjourn.—(Robert Goodwill.)

Adjourned at 7.47 pm until tomorrow.

Other Proceedings

Changes to Notices Given

15Tyres (Buses & Coaches) Bill

Bill to be read a second time on Friday 15 March.

Public petitions

16Public petitions

(1) A public petition from the parents, carers and staff of Newtown Nursery maintained nursery school in Colne relating to the future of maintained nursery schools was presented by Lucy Powell.

(2) A public petition from the parents, carers and staff of Horsham Nursery School relating to the future of maintained nursery schools was presented by Lucy Powell.

General Committees: Reports

17Immigration and Social Security Co-ordination (EU Withdrawal) Bill Committee

Sir David Amess (Chair) reported:

(1) That the Committee had come to the following Resolution, That, subject to the discretion of the Chair, any written evidence received by the Committee shall be reported to the House for publication; and

(2) written evidence.

Written evidence to be published.

18Eighth Delegated Legislation Committee

Mrs Madeleine Moon (Chair) reported the draft Small Charitable Donations Act (Amendment) Order 2019.

19Ninth Delegated Legislation Committee

Sir Edward Leigh (Chair) reported the draft Equivalence Determinations for Financial Services and Miscellaneous Provisions (Amendment etc.) (EU Exit) Regulations 2019.

20Tenth Delegated Legislation Committee

Sir Graham Brady (Chair) reported the draft Judicial Pensions and Fee-Paid Judges’ Pension Schemes (Amendment) Regulations 2019.

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).

21Eighth Delegated Legislation Committee (draft Small Charitable Donations Act (Amendment) Order 2019)

Members: Alex Burghart discharged and Kevin Foster nominated in substitution.

22Eleventh Delegated Legislation Committee (draft Local Government (Structural and Boundary Changes) (Supplementary Provisions and Miscellaneous Amendments) Order 2019)

Members: Chris Elmore discharged and Nic Dakin nominated in substitution.

23Sixteenth Delegated Legislation Committee (draft Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019)

Chair: Mr Nigel Evans

Reports from Select Committees

24Backbench Business Committee

Determination of business to be taken on 21 February and 5 March in Westminster Hall, with Annex containing a transcript of representations made on 12 February, to be published (Ian Mearns).

25Business, Energy and Industrial Strategy Committee

(1) Department for Business, Energy and Industrial Strategy Supplementary Estimate 2018–19: Written evidence, to be published;

(2) Future of Audit: Written evidence, to be published (HC 1718);

(3) Office of Gas and Electricity Markets Supplementary Estimate 2018–19: Written evidence, to be published;

(4) UK Atomic Energy Authority Pension Schemes Supplementary Estimate 2018–19: Written evidence, to be published

(Rachel Reeves).

26Defence Committee

(1) Armed Forces Covenant Annual Report 2018: Oral and written evidence, to be published HC 1899);

(2) Consequences for UK Defence of INF withdrawal: Written evidence, to be published (HC 1734);

(3) Correspondence with the Secretary of State in relation to the Type 26 Frigate and General Electric power conversion facility in Rugby: Written evidence, to be published;

(4) Departmental priorities post-NATO summit: Written evidence, to be published (HC 1560);

(5) Mental health and the Armed Forces, Part Two: The provision of care: Written evidence, to be published (HC 1481)

(Dr Julian Lewis).

27Digital, Culture, Media and Sport Committee

(1) Immersive and addictive technologies: Oral and written evidence, to be published (HC 1846);

(2) Disinformation and ‘fake news’: Written evidence, to be published (HC 363);

(3) The work of the Department for Digital, Culture, Media and Sport: Written evidence, to be published (HC 361)

(Damian Collins).

28Education Committee

(1) Special educational needs and disabilities: Oral and written evidence, to be published (HC 968);

(2) Supplementary Estimates 2018–19: memoranda relating to the Department for Education, Ofqual and Ofsted: Written evidence, to be published

(Robert Halfon).

29Environmental Audit Committee

(1) Planetary health: Oral evidence, to be published (HC 1803);

(2) Sustainability of the fashion industry: Written evidence, to be published (HC 1148);

(3) UK export finance: Written evidence, to be published (HC 1804)

(Mary Creagh).

30European Statutory Instruments Committee

Eighteenth Report, to be printed, with the formal minutes relating to the Report (HC 1933), and including the following recommendation:  

That the affirmative procedure should apply to the instruments titled: 

(i) Customs Safety and Security Procedures (EU Exit) Regulations 2019, the proposal for which was laid before this House on 31 January 2019;

(ii) Financial Services (Miscellaneous) (Amendment) (EU Exit) Regulations 2019, the proposal for which was laid before this House on 4 February 2019

(Sir Patrick McLoughlin).

31Health and Social Care Committee  

(1) First 1000 days of life:

(i) Thirteenth Report, to be printed, with the formal minutes relating to the Report (HC 1496);

(ii) Written evidence, to be published (HC 1496);

(2) Correspondence with the National Data Guardian regarding the addition of the role to the list of roles subject to a pre-appointment hearing: Written evidence, to be published;

(3) Sexual health: Written evidence, to be published (HC 1419) 

(Dr Paul Williams).

32Home Affairs Committee

(1) EU Settlement Scheme: Oral evidence, to be published (HC 1945);

(2) National Crime Agency Supplementary Estimate 2018–19: Written evidence, to be published;

(3) The Macpherson Report: twenty years on: Written evidence, to be published (HC 1829)

(Yvette Cooper).

33International Development Committee

(1) UK aid for combating climate change: Oral evidence to be published (HC 1432);

(2) Sexual exploitation and abuse in the aid sector follow-up: Written evidence, to be published (HC 1973);

(3) UK progress on the Sustainable Development Goals: Written evidence, to be published (HC 1732)

(Stephen Twigg).

34Justice Committee

(1) Role of the magistracy: follow-up: Oral evidence, to be published (HC 1654);

(2) Correspondence with the Lord Chancellor and Secretary of State for Justice: Written evidence, to be published;

(3) Correspondence with the Permanent Secretary, Ministry of Justice: Written evidence, to be published;

(4) HMP Birmingham: Written evidence, to be published (HC 1647);

(5)  Supplementary Estimates 2018-19: memoranda relating to Crown Prosecution Service, HM Procurator General and Treasury Solicitor, Ministry of Justice, Ministry of Justice: Judicial Pension Scheme, and Serious Fraud Office: Written evidence, to be published

(Robert Neill).

35Petitions Committee

(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

(Helen Jones).

36Science and Technology Committee

(1) My Science Inquiry: Sixteenth Report, to be printed, with the formal minutes relating to the Report (HC 1716);

(2) Research integrity clinical trials transparency: Health Research Authority response to the Committee’s Tenth Report: Tenth Special Report, to be printed (HC 1961);

(3) Impact of social media and screen-use on young people’s health: Written evidence, to be published (HC 822);

(4) Japanese knotweed and the built environment: Written evidence, to be published (HC 1702)

(Norman Lamb).

37Scottish Affairs Committee

(1) Immigration and Scotland: Oral evidence, to be published (HC 1941);

(2) Scotland and Brexit: trade and foreign investment: Written evidence, to be published (HC 903);

(3) The future of Scottish agriculture post Brexit: Written evidence, to be published (HC 1637);

(4) The relationship between the UK and Scottish Governments: Written evidence, to be published (HC 1586)

(Pete Wishart).

38Treasury Committee

(1) The work of the Payment Systems Regulator: Oral evidence, to be published (HC 711);

(2) Consumers' access to financial services: Written evidence, to be published (HC 1642);

(3) Correspondence with the Chief Executive of HM Revenue and Customs relating to respect at work: Written evidence, to be published;

(4) Correspondence with the Economic Secretary to the Treasury relating to Financial Services EU Exit legislation for a no-deal scenario: Written evidence, to be published;

(5) Economic crime: Written evidence, to be published (HC 940);

(6) Independent review of the Financial Ombudsman service: Written evidence, to be published (HC 1400)

(Nicky Morgan).

39Welsh Affairs Committee

(1) Wylfa Newydd nuclear power station: Oral evidence, to be published (HC 1938);

(2) Prison provision in Wales: Written evidence, to be published (HC 742)

(David T. C. Davies).

40Women and Equalities Committee

Abortion law in Northern Ireland: Oral and written evidence, to be published (HC 1584) (Mrs Maria Miller).

Westminster Hall

The sitting began at 9.30 am.

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

1Missing persons guardianship

Resolved, That this House has considered missing persons guardianship.—(Bambos Charalambous.)

The sitting was suspended between 10.32 am and 11.00 am.

2Regulation of non-surgical cosmetic procedures

Motion made and Question proposed, That this House has considered regulation of non-surgical cosmetic procedures.—(Alberto Costa.)

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)).

3Special educational needs and disabilities funding

Resolved, That this House has considered special educational needs and disabilities funding.—(Sir Vince Cable.)

4Seasonal agricultural workers scheme

Resolved, That this House has considered the seasonal agricultural workers scheme.—(Alex Norris.)

5Support for young carers

Resolved, That this House has considered support for young carers.—(Paul Blomfield.)

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

Adjourned at 5.29 pm until tomorrow.

Lindsay Hoyle

Chairman of Ways and Means

Papers Laid

Papers subject to Affirmative Resolution

1Exiting the European Union (Agriculture)

(1) Draft European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019, with an Explanatory Memorandum (by Act) (Secretary Michael Gove)

(2) Draft European Structural and Investment Funds Common Provisions Rules etc. (Amendment etc.) (EU Exit) Regulations 2019, with an Explanatory Memorandum (by Act) (Secretary Michael Gove)

2Exiting the European Union (Competition)

Draft State Aid (Agriculture and Fisheries) (Amendment) (EU Exit) Regulations 2019, with an Explanatory Memorandum (by Act) (Secretary Michael Gove)

3Exiting the European Union (European Union)

Draft Challenges to Validity of EU Instruments (EU Exit) Regulations 2019, with an Explanatory Memorandum (by Act) (Chris Heaton-Harris)

4Exiting the European Union (Legal Profession)

Draft Services of Lawyers and Lawyer’s Practice (Amendment) (EU Exit) Regulations 2019, with an Explanatory Memorandum (by Act) (Secretary David Gauke)

Papers subject to Negative Resolution

5Ireland No. 1 (2019)

Convention, done at Dublin on 1 February 2019, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland on Social Security (by Command) (CP 49), with an Explanatory Memorandum (by Command) (Secretary Jeremy Hunt)

Papers laid under paragraphs 3(3) and 17(3) of Schedule 7 to the European Union (Withdrawal) Act 2018

6Exiting the European Union (Animals)

Proposal for an instrument titled Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019, with an Explanatory Memorandum (by Act) (Secretary Michael Gove)

7Exiting the European Union (Environmental Protection)

Proposal for an instrument titled Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019, with an Explanatory Memorandum (by Act) (Secretary Michael Gove)

8Exiting the European Union (Public Service Pensions)

Proposal for an instrument titled Teachers' Pension Schemes (Amendment) (EU Exit) Regulations 2019, with an Explanatory Memorandum (by Act) (Nick Gibb)

Other papers

9Justice

Annual Report of the Press Recognition Panel on the Recognition System (by Command) (Secretary David Gauke)

10Police and Criminal Evidence

Report of the National DNA Database Strategy Board for 2018–19 (by Act) (Secretary Sajid Javid)

SPEAKER'S CERTIFICATE

The Speaker has certified, for the purposes of Standing Order No. 83L, and on the basis of material put before him, that, in his opinion the Mental Capacity (Amendment) Bill [Lords], as amended on report, relates exclusively to England and Wales on matters within devolved legislative competence, as defined in Standing Order No. 83J.

CORRECTION

Monday 11 February 2019

In Papers Laid, the following item should have appeared before item 15:

Exiting the European Union (Family Proceedings)

Proposal for an instrument titled Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019, with an Explanatory Memorandum (by Act) (Lucy Frazer)

 

Prepared 12 February 2019