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House of Commons Votes and Proceedings
Wednesday 14th June 2000

The House met at half-past Two o'clock.
PRAYERS.
1City of London (Ward Elections) Bill,—The Order of the day being read, for further consideration of the City of London (Ward Elections) Bill, as amended by the Chairman of Ways and Means;
 
        Ordered, That the Bill be further considered on Wednesday 21st June.
2European Standing Committee A,—Mr Jonathan Sayeed reported from European Standing Committee A the following Resolution:
 
        That the Committee takes note of European Union Document No. 6230/00, a Commission White Paper on Environmental Liability; and supports the Government's welcome for the publication of the White Paper, its endorsement of the general principle of environmental liability, and its intention to scrutinise the proposals in order to establish implications for existing domestic arrangements and assessment of the full Regulatory Impact Assessment on UK businesses.
 
        Report, together with Resolution, to lie upon the Table.
3European Standing Committee B,—Mrs Marion Roe reported from European Standing Committee B the following Resolution:
 
        That the Committee takes note of European Union Document No. 7828/00, the Commission's Recommendation for the Broad Economic Policy Guidelines for 2000; and supports the Government's welcome for this draft as giving operational content to the conclusions of the Lisbon summit, reflecting the importance of structural reform in tackling successfully the challenges of globalization and competitiveness, and in promoting employment and social inclusion.
 
        Report, together with Resolution, to lie upon the Table.
4Royal Assent,—The Speaker notified the House in accordance with the Royal Assent Act 1967, That Her Majesty had signified Her Royal Assent to the following Acts, agreed upon by both Houses:
 
        Financial Services and Markets Act 2000
 
        Railtrack (Waverley Station) Order Confirmation Act 2000.
5Invalid Care Allowance Bill,—Mr Paul Burstow, supported by Dr Jenny Tonge and Mr Tom Brake presented a Bill to establish a commission of inquiry into whether carers' entitlement to invalid care allowance should continue to be determined by reference to the benefit entitlement of the person cared for and whether persons who have attained the age of 65 should be entitled to receive the allowance: And the same was read the first time; and ordered to be read a second time on Friday 21st July and to be printed [Bill 141].
6Discipline of Hospital Medical Practitioners Bill,—Mr Jim Cunningham presented a Bill to make provision for new procedures for the discipline of hospital medical practitioners: And the same was read the first time; and ordered to be read a second time on Friday 21st July and to be printed [Bill 142].
7Representation of Overseas Territories,—Ordered, That leave be given to bring a Bill to provide for the representation of Gibraltar by a Member of Parliament, subject to limitations, and for limited representation of other overseas territories at the Parliament of the United Kingdom of Great Britain and Northern Ireland; to include Gibraltar within a European parliamentary constituency; to confer upon Chief Ministers the right to petition the House of Commons at the bar of the House; to improve for elected members of the Legislative Councils access to and communications with Members of the House of Commons; and for related purposes: And that Mr Andrew Mackinlay, Mr Brian Cotter, Mr Lindsay Hoyle, John Austin, Mr Roy Beggs, Mr Christopher Gill, Sir Teddy Taylor and Mr Syd Rapson do prepare and bring it in.
8Representation of Overseas Territories Bill,—Mr Andrew Mackinlay accordingly presented a Bill to provide for the representation of Gibraltar by a Member of Parliament, subject to limitations, and for limited representation of other overseas territories at the Parliament of the United Kingdom of Great Britain and Northern Ireland; to include Gibraltar within a European parliamentary constituency; to confer upon Chief Ministers the right to petition the House of Commons at the bar of the House; to improve for elected members of the Legislative Councils access to and communications with Members of the House of Commons; and for related purposes: And the same was read the first time; and ordered to be read a second time on Friday 21st July and to be printed [Bill 140].
9Countryside and Rights of Way Bill,—The House, according to Order, proceeded further to consider the Countryside and Rights of Way Bill, as amended in the Standing Committee.
 
        Another Amendment (No. 33) proposed to the Bill, in page 24, line 41, after the word 'path', to insert the words 'and every way which was shown in any definitive map and statement as a road used as a public path under the National Parks and Access to the Countryside Act 1949 and which was subsequently reclassified under Schedule 3 to the Countryside Act 1968 or section 54 of the Wildlife and Countryside Act 1981 as a bridleway, and every way which is shown on any definitive map and statement as a carriage road footpath or CRF, or as a carriage road bridleway or CRB,'.—(Mr David Heath.)
 
        Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
 
        Other Amendments (Nos. 291 to 296) made to the Bill.
 
        Another Amendment (No. 304) proposed to the Bill, in page 47, line 15, at the end, to insert the words—
 
        '(1A) In paragraphs (a) and (b) of subsection (1), the words from "so however" to the end of the paragraph are omitted in each case.'—(Mr Andrew Hunter.)
 
        Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
 
        Other Amendments (Nos. 227 and 190 to 193) made to the Bill.
 
        Another Amendment (No. 72) proposed to the Bill, in page 50, line 26, at the end, to insert the words—
 
        'After section 26 of the 1980 Act there is inserted—
"Application for a public path creation order
 
        26A.—(1) Any person may apply to a council for the area in which the land is situated for the making of a public path creation order to create a footpath or bridleway over the land.
 
        (2) An application under this section shall be in such form as may be prescribed and shall be accompanied by a map, on such scale as may be prescribed, showing the land over which the public right of way would be created, and by such other information as may be prescribed.
 
        (3) An application may be made by the owner, lessee or occupier of any land used for agriculture, forestry or the breeding or keeping of horses for a creation order concurrently with an application under section 118ZA or 119ZA for a public path diversion order or extinguishment order, and such an application is referred to in this section as a 'concurrent application'.
 
        (4) Regulations may provide—
 
          (a) that a prescribed fee is payable on the making of a concurrent application under this section, and
 
          (b) that further prescribed charges are payable by the applicant if the application is granted.
 
        (5) An application under this section is not to be taken to be received by the council until the requirements of regulations under section 121A below have been satisfied in relation to it.
 
        (6) A council which receives an application under this section shall, after consulting such persons as may be prescribed, determine the application as soon as reasonably practicable.
 
        (7) Before determining to make a public path creation order on a concurrent application under this section, the council may require the applicant to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards, any compensation which may become payable under section 28 below.
 
        (8) Where—
 
          (a) an application under this section has been made to a council, and
 
          (b) the council have not determined the application within twelve months of receiving it, the Secretary of State may, at the request of the applicant and after consulting the council, direct the council to determine the application before the end of such period as may be specified in the direction.
 
        (9) As soon as practicable after determining an application under this section, the council shall—
 
          (a) give to the applicant notice in writing of their decision and the reasons for it, and
 
          (b) give a copy of the notice to such other persons as may be prescribed.
 
        (10) This section has effect subject to the provisions of sections 121A and 121C below.
 
        (11) In this section—
 
          'prescribed' means prescribed by regulations;
 
          'regulations' means regulations made by the Secretary of State.".'—(Mr Andrew F. Bennett.)
 
        Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
 
        Other Amendments (Nos. 228 to 262) made to the Bill.
 
        Another Amendment (No. 43) proposed to the Bill, in page 58, line 16, to leave out the words 'significant damage', and to insert the words 'damage or disturbance' instead thereof.—(Mr Tom Brake.)
 
        Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
 
        Other Amendments (Nos. 263, 213, 264 to 271, 214 , 272, 215 and 273) made to the Bill.
 
        Another Amendment (No. 5) proposed to the Bill, in page 28, line 5, at the end, to insert the words—
 
        '(za) the desirability of ensuring that the overall length of local rights of way is increased during each consecutive period of 12 months beginning with the date of publication of the rights of way improvement plan'.—(Mr Andrew F. Bennett.)
 
        Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
 
        Other Amendments (Nos. 297 to 301, 225 and 226) made to the Bill.
 
        Another Amendment (No. 71) proposed to the Bill, in page 33, line 15, at the end, to insert the words—
 
        '(5) It shall be the duty of the local highway authority to monitor from time to time the compliance with any order made under subsection (1) above, and to bring proceedings under subsection (4) if the obstruction is not removed within the time specified in the order.'.—(Dr David Clark.)
 
        Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
 
        Another Amendment (No. 194) made to the Bill.
 
        Another Amendment (No. 136) proposed to the Bill, in page 75, line 32, at the end, to insert the words—
 
        '(5A) Where a way across a common has been used as the vehicular access to a dwellinghouse as of right and without the access having been called into question by proceedings for 20 years prior to 3rd November 1999 then any person shall have lawful authority to drive a mechanically propelled vehicle to and from the dwellinghouse.'.—(Mr Geoffrey Clifton-Brown.)
 
        Question put, That the Amendment be made.
 
        The House divided.
 
          Tellers for the Ayes, Mr Keith Simpson, Mrs Eleanor Laing: 158.
 
          Tellers for the Noes, Mr Graham Allen, Mr Don Touhig: 276.
 
        A Clause (Effect of Part I on powers to stop up or divert highways)—(Mr Kevin Hughes)—brought up, read the first and second time, and added to the Bill.
 
        Another Clause (Overhanging vegetation obstructing horseriders)—(Mr Kevin Hughes)—brought up, read the first and second time, and added to the Bill.
 
        Another Clause (Extinguishment of unrecorded rights of way)—(Mr Kevin Hughes)—brought up, read the first and second time, and added to the Bill.
 
        Another Clause (Excepted highways or rights of way)—(Mr Kevin Hughes)—brought up, read the first and second time, and added to the Bill.
 
        Another Clause (Bridleway rights over ways shown as bridleways)—(Mr Kevin Hughes)—brought up, read the first and second time, and added to the Bill.
 
        Another Clause (Cut-off date for extinguishment etc.)—(Mr Kevin Hughes)—brought up, read the first and second time, and added to the Bill.
 
        Another Clause (Definition of legally relevant objection)—(Mr David Heath)—brought up and read the first time.
 
        Question put, That the Clause be read a second time.
 
        The House divided.
 
          Tellers for the Ayes, Mr Andrew Stunell, Mr Tom Brake: 34.
 
          Tellers for the Noes, Mr Don Touhig, Mr Graham Allen: 276.
 
        Other Amendments (Nos. 274, 281, 216, 282, 217, 283 to 290, 275 to 280, 218 and 219) made to the Bill.
 
        Another Amendment (No. 97) proposed to the Bill, in page 93, line 21, at the end, to insert the words—
 
        '4A. For section 14(2) of that Act (introduction of new species) there is substituted—
 
        "(2) Subject to the provisions of this Part, if any person plants, releases or otherwise causes to grow in the wild any plant which is included in Part II of Schedule 9 he shall be guilty of an offence.
 
        (2A) Subject to the provisions of this Part, if any person—
 
          (a) sells, offers or exposes for sale, or has in his possession or transports for the urpose of sale, any living wild plant included in Part II of Schedule 9, or any part of such a wild plant; or
 
          (b) publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells or intends to sell, any of those things,
 
    he shall be guilty of an offence.".'—(Mr Damian Green.)
 
        Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
 
        Another Clause (Local Sites)—(Miss Anne McIntosh)—brought up and read the first time.
 
        Question put, That the Clause be read a second time.
 
        The House divided.
 
          Tellers for the Ayes, Mrs Eleanor Laing, Mr Geoffrey Clifton-Brown: 153.
 
          Tellers for the Noes, Mr Robert Ainsworth, Jim Dowd: 288.
 
        Other Amendments (Nos. 220 to 224) made to the Bill.
 
        A Motion was made, That the Bill be now read the third time;
 
        Mr Michael Meacher, by Her Majesty's Command, acquainted the House, That Her Majesty, having been informed of the purport of the Bill, gives her Consent, as far as Her Majesty's interest is concerned, That the House may do therein as it shall think fit.
 
        And the Question being proposed;
 
        And it being Ten o'clock, The Debate stood adjourned.
10Business of the House,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 15 (Exempted Business), That, at this day's sitting, the Countryside and Rights of Way Bill may be proceeded with, though opposed, until any hour—(Mr David Jamieson):—It was agreed to.
11Countryside and Rights of Way Bill,—The House again proceeded further to consider the Countryside and Rights of Way Bill, as amended in the Standing Committee.
 
        Question again proposed, That the Bill be now read the third time;
 
        An Amendment was proposed to the Question to leave out from the word 'House' to the end of the Question and add the words 'declines to give a Third Reading to the Countryside and Rights of Way Bill because the Government has rejected proposals which would reduce the impact of the proposals for a right of access to open country upon land management and other users of the land, because the liability placed upon land owners arising from any man-made features of the land contains no exclusions for ancient or historical features, because there are no provisions for compensation for those affected by the Bill in this way, and because, whilst there are welcome improvements to rights of way legislation and wildlife protection, the Bill fails adquately to protect biodiversity, Special Protection Areas and local wildlife sites' instead thereof.—(Mr Damian Green.)
 
        And the Question being put, That the Amendment be made;
 
        The House divided.
 
          Tellers for the Ayes, Mr Keith Simpson, Mrs Eleanor Laing: 130.
 
          Tellers for the Noes, Mr Mike Hall, Mr Tony McNulty: 323.
 
        So the Question was negatived.
 
        And the Main Question being put forthwith, pursuant to Standing Order No. 62 (Amendment on second or third reading):—It was agreed to.
 
        The Bill was accordingly read the third time, and passed.
12Adjournment,—Resolved, That this House do now adjourn.—(Mr David Jamieson.)
 
        And accordingly the House, having continued to sit till twenty-six minutes past Eleven o'clock, adjourned till to-morrow.
[Adjourned at 11.26 p.m.
Betty Boothroyd
Speaker        

Madam Speaker will take the Chair at half-past Eleven o'clock

APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Affirmative Resolution:
1Parliament,—Draft Attorney General's Salary Order 2000 [by Act] [Margaret Beckett].
Other Papers:
2Health Service Commissioner,—(1) Second Report of the Health Service Ombudsman, Session 1999-2000: Investigations completed—October 1999 to March 2000, and
 
        (2) Third Report of the Health Service Ombudsman, Session 1999-2000: Annual Report for 1999-2000
 
    [by Act]; to be printed [Nos. 541-I & II and 542] [Clerk of the House].
3Miscellaneous (No. 16, 2000),—European Charter, done at Strasbourg on 5th November 1992, for Regional or Minority Languages, with an Explanatory Memorandum [by Command] [Cm. 4750] [Mr Secretary Cook].
APPENDIX II
Standing Committees
Reports from Standing Committees
1Police (Northern Ireland) Bill,—The Speaker has appointed Mr Joe Benton an additional Chairman of Standing Committee B in respect of the Bill.
2Protection of Animals (Amendment) Bill:
 
        (1) The Speaker has allocated the Bill to Standing Committee C, and has appointed Mrs Marion Roe Chairman, and
 
        (2) the Committee of Selection has nominated sixteen Members to serve on the Committee, viz.: Mr Richard Allan, Mr Bob Blizzard, Mr Ian Cawsey, Mr David Chaytor, Mr Tim Collins, Mrs Claire Curtis-Thomas, Mr Ronnie Fearn, Mr Eric Forth, Mr Barry Gardiner, Dr Ian Gibson, Mr Dominic Grieve, Dr Brian Iddon, Mr David Maclean, Mr Elliot Morley, Mr Gwyn Prosser and Mr Jonathan R. Shaw.
3Care Standards Bill [Lords],—The Speaker has appointed Mr Joe Benton an additional Chairman of Standing Committee G in respect of the Bill.
4Draft Scotland Act 1998 (Modification of Schedule 4) Order 2000:
 
        (1) The Speaker has allocated the draft Order to the First Standing Committee on Delegated Legislation, and has appointed Mr Jimmy Hood Chairman; and
 
        (2) the Committee of Selection has nominated sixteen Members to serve on the Committee, viz.: Mr Peter Atkinson, Mr Tom Clarke, Mr Ian Davidson, Mr Brian H. Donohoe, Mr Dominic Grieve, Mr John McFall, Mrs Anne McGuire, Mr Michael Moore, Ms Sandra Osborne, Sir Robert Smith, Mr Nicholas Soames, Mr David Stewart, Dr Gavin Strang, Sir Teddy Taylor, Mr Brian Wilson and Mr Tony Worthington.
5Draft Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000, and the draft Contracts (Applicable Law) Act 1990 (Amendment) Order 2000:
 
        (1) The Speaker has allocated the draft Orders to the Second Standing Committee on Delegated Legislation, and has appointed Mrs Irene Adams Chairman; and
 
        (2) the Committee of Selection has nominated sixteen Members to serve on the Committee, viz.: Mr Peter Atkinson, Mr Hilary Benn, Mrs Helen Brinton, Mr John Burnett, Mr Martin Caton, Mr David Chaytor, Mr Paul Clark, Mrs Llin Golding, Mr Nick Hawkins, Mr Simon Hughes, Mr Terry Lewis, Mr David Lock, Mrs Anne McGuire, Mr Andrew Rowe, Mr David Ruffley and Mr Peter Snape.
6Northern Ireland Act 2000 (Restoration of Devolved Government) Order 2000 (S.I., 2000, No. 1445), and the Northern Ireland Act 2000 (Modification) Order 2000 (S.I.. 2000, No. 1446):
 
        (1) The Speaker has allocated the Orders to the Third Standing Committee on Delegated Legislation, and has appointed Mr Jonathan Sayeed Chairman; and
 
        (2) the Committee of Selection has nominated sixteen Members to serve on the Committee, viz.: Sir Sydney Chapman, Mr James Cran, Valerie Davey, Jim Dowd, Mr George Howarth, Helen Jackson, Ms Fiona Jones, Mr Tony Lloyd, Shona McIsaac, Mr Michael Mates, Mr Lembit Öpik, Mr Paul Stinchcombe, Mr John M. Taylor, Mr David Trimble, Mr Robert N. Wareing and Mr David Winnick.
7Draft London Local Authorities (Charges for Stopping Up Orders) Regulations 2000:
 
        (1) The Speaker has allocated the draft Regulations to the Fourth Standing Committee on Delegated Legislation, and has appointed Sir David Madel Chairman; and
 
        (2) the Committee of Selection has nominated sixteen Members to serve on the Committee, viz.: Mr Robert Ainsworth, Mr Peter Atkinson, Mr Tony Banks, Mr Peter Bottomley, Mr Tom Brake, Mr Jeremy Corbyn, Mr Edward Davey, Mr Eric Forth, Mrs Eileen Gordon, Ms Harriet Harman, Mr Keith Hill, Mr Bernard Jenkin, Mr Alan Keen, Mr John McDonnell, Ms Linda Perham and Mr Phil Woolas.
8Draft Northern Ireland Act 1998 (Designation of Public Authorities) Order 2000:
 
        (1) The Speaker has allocated the draft Order to the Fifth Standing Committee on Delegated Legislation, and has appointed Dr Ashok Kumar Chairman; and
 
        (2) the Committee of Selection has nominated sixteen Members to serve on the Committee, viz.: Ms Candy Atherton, Ms Hazel Blears, Mr James Cran, Jim Dowd, Dr Norman A. Godman, Mr James Gray, Mr George Howarth, Helen Jackson, Mr David Lepper, Miss Anne McIntosh, Mr Gordon Marsden, Mr Lembit Öpik, Mr Ted Rowlands, Dr Phyllis Starkey, Mr John M. Taylor and Mr William Thompson.
APPENDIX III
Reports from Select Committees
1Agriculture,—(1) Minutes of Evidence taken before the Agriculture Committee [Regional Service Centres]; to be printed [No. 509-ii]; and
 
        (2) Memoranda laid before the Committee [Horticultural Research International; Organic Farming; Regional Service Centres]
 
    [Mr David Curry].
2Education and Employment,—(1) Minutes of Evidence taken before the Education Sub-Committee of the Education and Employment Committee [Early Years Education]; to be printed [No. 386-v] [Mr Barry Sheerman]; and
 
        (2) Minutes of Evidence taken before the Employment Sub-Committee of the Committee [Recruiting Unemployed People]; to be printed [No. 533-iii] [Mr Derek Foster].
3Environment, Transport and Regional Affairs,—(1) Tenth Report from the Environment, Transport and Regional Affairs Committee [Audit Commission], together with the Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 174-I and -III];
 
        (2) Minutes of Evidence taken before the Committee [The Departmental Annual Report 2000 and Expenditure Plans 2000-01 to 2001-02]; to be printed [No. 471-iii] [Mr Andrew F. Bennett]; and
 
        (3) Minutes of Evidence taken before the Transport Sub-Committee of the Committee [Air Service Agreements between the United Kingdom and the United States]; to be printed [No. 532-iii] [Mrs Gwyneth Dunwoody].
4European Scrutiny,—(1) Twenty-first Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 23-xxi]; and
 
        (2) Minutes of Evidence taken before the Committee [The Race Discrimination Directive]; to be printed [No. 581]
 
    [Mr Roger Casale].
5Northern Ireland Affairs,—Minutes of Evidence taken before the Northern Ireland Affairs Committee [Public Expenditure—Inward Investment in Northern Ireland]; to be printed [No. 198-ix] [Mr Peter Brooke].
6Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [Kosovo: The Financial Management of Military Operations]; to be printed [No. 582-i] [Mr David Davis].
7Public Administration,—Minutes of Evidence taken before the Public Administration Committee [Making Government Work]; to be printed [No. 238-v] [Tony Wright].
8Science and Technology,—(1) Minutes of Evidence taken before the Science and Technology Committee [Cancer Research—A Fresh Look]; to be printed [No. 332-vii];
 
        (2) Minutes of Evidence taken before the Committee [Are We Realising Our Potential?]; to be printed [No. 466-ii];
 
        (3) Memoranda laid before the Committee [Scientific Advisory System]; to be printed [No. 465]; and
 
        (4) Memoranda laid before the Committee [The Proposed New Synchrotron Facility]; to be printed [No. 82]
 
    [Dr Michael Clark].
9Social Security,—Minutes of Evidence taken before the Social Security Committee [Housing Benefit]; to be printed [No. 385-vii] [Mr Archy Kirkwood].


Supplement to the Votes and Proceedings
Wednesday 14th June 2000
Minutes of Proceedings of the Sitting in Westminster Hall
[pursuant to the Order of 24th May 1999]

The House met at half-past Nine o'clock.
PRAYERS.
Adjournment,—Resolved, That the sitting be now adjourned.—(Mr Clive Betts);
 
        And accordingly the sitting was adjourned till to-morrow.
[Adjourned at 12.59 p.m.
Sir Alan Haselhurst
Deputy Speaker        



 
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