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House of Commons Votes and Proceedings
Tuesday 27th February 2001

The House met at half-past Two o'clock.

PRAYERS.

1    Kent County Council Bill [Lords],-The Order of the day being read for consideration of the Kent County Council Bill [Lords], as amended by the Chairman of Ways and Means;

    Ordered, That the Bill be considered on Tuesday 6th March.

2    Medway Council Bill [Lords],-The Order of the day being read for consideration of the Medway Council Bill [Lords], as amended by the Chairman of Ways and Means;

    Ordered, That the Bill be considered on Tuesday 6th March.

3    First Standing Committee on Delegated Legislation,-Mr David Amess reported from the First Standing Committee on Delegated Legislation the Local Government Finance (England) Special Grant Report (No. 74) on Threshold Payments.

    Minutes of Proceedings of the Committee to lie upon the Table.

4     Rail Passenger Services,-Ordered, That leave be given to bring in a Bill to require railway passenger service providers to compensate passengers for late journeys and to ensure that passengers reach their ultimate rail destination: And that Mr Lembit Ípik, Mr David Chidgey, Bob Russell, Mr Adrian Sanders, Mr Brian Cotter, Dr Jenny Tonge, Mr David Heath, Mr David Rendell and Mr Richard Livsey do prepare and bring it in.

5    Rail Passenger Services Bill,-Mr Lembit Ípik accordingly presented a Bill to require railway passenger service providers to compensate passengers for late journeys and to ensure that passengers reach their ultimate rail destination: And the same was read the first time; and ordered to be read a second time on Friday 16th March and to be printed [Bill 52].

6    Hunting Bill (Programme) (No. 4),-A Motion was made, and the Question being proposed, That the following provisions shall apply to the Hunting Bill for the purpose of supplementing the Order of 20th December 2000 (as amended on 17th January 2001 and 8th February 2001):

Consideration and Third Reading

    1. Proceedings on Consideration and Third Reading shall be completed in one day on which the Bill is put down as first Government Order of the Day.

    2. On that day-

    (1) proceedings on Consideration shall (unless previously concluded) be brought to a conclusion at Ten o'clock, and

    (2) proceedings on Third Reading shall (unless previously concluded) be brought to a conclusion at Twelve o'clock.

    3. Sessional Order B (Programming Committees) made by the House on 7th November 2000 shall not apply to proceedings on consideration and Third Reading.

    4. In the application to proceedings on Consideration of Sessional Order E made by the House on 7th November 2000, paragraph (2)(d) shall have effect as if it required the Speaker to put-

    (1) a single question on any amendment in the name of a Minister of the Crown which creates a defence in respect of the hunting of rabbits and on any amendments in the name of a Minister of the Crown which are consequential on that amendment;

    (2) the question on any amendment in the name of a Minister of the Crown which creates a defence in respect of deer-stalking and flushing;

    (3) the question on any amendment in the name of a Minister of the Crown which expands the defence in respect of the hunting of rodents;

    (4) the question on any amendment in the name of a Minister of the Crown which creates a defence in respect of the hunting of mink; and

    (5) a single question on any other amendments moved or motions made by a Minister of the Crown.

    5. Paragraph (4) of Sessional Order E made by the House on 7th November 2000 shall not apply to proceedings on Consideration.

Lords Amendments and Messages

    6. Paragraphs (6) and (7) of Sessional Order A (varying and supplementing programme motions) made by the House on 7th November 2000 shall not apply to proceedings on any programme motion to supplement this order or to vary it in relation to-

    (1) proceedings on Consideration of Lords Amendments, or

    (2) proceedings on any further messages from the Lords;

    and the question on any such motion shall be put forthwith-(Mr Mike O'Brien);

    And it being three quarters of an hour after the commencement of proceedings on the Motion, the Speaker put the Question, pursuant to Order [7th November].

    The House divided.

      Tellers for the Ayes, Jim Dowd, Mr Don Touhig: 288.

      Tellers for the Noes, Mr Keith Simpson, Mr James Gray: 175.

    So the Question was agreed to.

    Ordered, That the following provisions shall apply to the Hunting Bill for the purpose of supplementing the Order of 20th December 2000 (as amended on 17th January 2001 and 8th February 2001):

Consideration and Third Reading

    1. Proceedings on Consideration and Third Reading shall be completed in one day on which the Bill is put down as first Government Order of the Day.

    2. On that day-

    (1) proceedings on Consideration shall (unless previously concluded) be brought to a conclusion at Ten o'clock, and

    (2) proceedings on Third Reading shall (unless previously concluded) be brought to a conclusion at Twelve o'clock.

    3. Sessional Order B (Programming Committees) made by the House on 7th November 2000 shall not apply to proceedings on consideration and Third Reading.

    4. In the application to proceedings on Consideration of Sessional Order E made by the House on 7th November 2000, paragraph (2)(d) shall have effect as if it required the Speaker to put-

    (1) a single question on any amendment in the name of a Minister of the Crown which creates a defence in respect of the hunting of rabbits and on any amendments in the name of a Minister of the Crown which are consequential on that amendment;

    (2) the question on any amendment in the name of a Minister of the Crown which creates a defence in respect of deer-stalking and flushing;

    (3) the question on any amendment in the name of a Minister of the Crown which expands the defence in respect of the hunting of rodents;

    (4) the question on any amendment in the name of a Minister of the Crown which creates a defence in respect of the hunting of mink; and

    (5) a single question on any other amendments moved or motions made by a Minister of the Crown.

    5. Paragraph (4) of Sessional Order E made by the House on 7th November 2000 shall not apply to proceedings on Consideration.

Lords Amendments and Messages

    6. Paragraphs (6) and (7) of Sessional Order A (varying and supplementing programme motions) made by the House on 7th November 2000 shall not apply to proceedings on any programme motion to supplement this order or to vary it in relation to-

    (1) proceedings on Consideration of Lords Amendments, or

    (2) proceedings on any further messages from the Lords;

    and the question on any such motion shall be put forthwith.

7    Hunting Bill,-The House, according to Order, proceeded to consider the Hunting Bill, as amended in the Committee and in the Standing Committee.

    A Clause (Disposal of fallen stock)-(Mr Edward Garnier)-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 Nicholas Soames, Mr Edward Leigh: 160.

      Tellers for the Noes, Mr Colin Pickthall, Mr Stephen Hesford: 280.

    So the Question was negatived.

    Amendment (No. 76) proposed to the Bill, in page 3, line 2, at the end, to insert the words-

'Hunting which begins in Scotland

    .-A person does not commit an offence under paragraph 1 if he hunts a wild mammal with a dog and his hunting of that mammal began in Scotland.'.-(Mr David Lidington.)

    Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.

    Another Amendment (No. 77) proposed to the Bill, in page 3, line 2, at the end, to insert the words-

'Hunting which begins and ends in Scotland

    .-(1) Subject to sub-paragraph (3), a person does not commit an offence under paragraph 1 if he hunts a wild mammal with a dog in England only incidentally in the course of a hunt which begins and ends in Scotland.

    (2) A hunt begins in Scotland if the pursuit of the wild mammal begins in Scotland.

    (3) A hunt ends-

      (a) when the wild mammal is killed, or

      (b) by a decision to stop hunting

    and no offence is committed under paragraph 1 if the hunt begins in Scotland and the wild mammal is killed in England.

    (4) A wild mammal may not be dug out or bolted in England in the course of a hunt which begins and ends in Scotland.

    (5) Where sub-paragraph (1) applies, no offence shall be committed under paragraph 2, 3 or 4.'.-(Mr David Lidington.)

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Mr Dominic Grieve, Mr Gerald Howarth: 135.

      Tellers for the Noes, Bridget Prentice, Dr Nick Palmer: 312.

    So the Question was negatived.

    Another Amendment (No. 62) proposed to the Bill, in page 3, line 6, after the word 'a', to insert the words 'deer, boar, mountjack'.-(Mr Douglas Hogg.)

    Question proposed, That the Amendment be made:

    And it being Ten o'clock, the Speaker, pursuant to Order [7th November and this day] put the Question already proposed from the Chair.

    The House divided.

      Tellers for the Ayes, Mr Douglas Hogg, Mr Gerald Howarth: 134.

      Tellers for the Noes, Bridget Prentice, Dr Nick Palmer: 324.

    The Speaker then put forthwith the question on an Amendment which he had selected for separate division.

    Amendment (No. 36) proposed to the Bill, in page 6, line 37, at the end, to insert the words-

    '.-(1) The Secretary of State shall by order make a scheme for the making of payments to persons in respect of losses incurred by them as a result of-

(a) ceasing, by reason of the enactment or coming into force of this Act-

      (i) to carry on their businesses so far as they consist of activities prohibited by this Act, or

      (ii) to continue in paid employment so far as that employment was dependent on activities prohibited by this Act;

(b) damage by wild mammals which were previously controlled by activities prohibited by this Act.

(2) A scheme may, in particular-

(a) specify the descriptions of losses and businesses in respect of which payments are, or are not, to be made and the basis of valuation for determining losses,

(b) specify the amounts of the payments to be made or the basis on which such amounts are to be calculated,

(c) provide for the procedure to be followed (including any time within which claims must be made and the provision of information) in respect of claims under the scheme and for the determination of such claims,

(d) include provision for arbitration of any dispute as to a person's entitlement to payments under the scheme or the amounts of any such payments.

(3) Before making a scheme under this paragraph, the Secretary of State shall consult such organisations as appear to him to represent persons likely to be entitled to payments under such a scheme.

(4) An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.-(Mr Lembit Ípik.)

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes: Mr Lembit Ípik, Mr Gerald Howarth: 156.

      Tellers for the Noes, Bridget Prentice, Dr Nick Palmer: 281.

    So the Question was negatived.

    The Speaker then put forthwith a single Question on any amendment in the name of a Minister of the Crown which creates a defence in respect of the hunting of rabbits and on any amendments in the name of a Minister of the Crown which are consequential on that amendment.

    Amendments (Nos. 43 to 45, 49 and 51) made to the Bill.

    The Speaker then put forthwith the Question on an amendment in the name of a Minister of the Crown which creates a defence in respect of deer-stalking and flushing.

    Another Amendment (No. 46) made to the Bill.

    The Speaker then put forthwith the Question on any amendment in the name of a Minister of the Crown which expands the defence in respect of the hunting of rodents.

    Another Amendment (No. 48) made to the Bill.

    The Speaker then put forthwith the Question on any amendment in the name of a Minister of the Crown which creates a defence in respect of the hunting of mink;

    Another Amendment (No. 50) proposed to the Bill, in page 3, line 49, at the end, to insert the words-

'Mink

. It is a defence for a person charged with an offence under paragraph 1 to prove that the conduct to which the charge relates consisted of hunting a mink.'.

    The House divided.

      Tellers for the Ayes, Mr A..J. Beith, Mr Douglas Hogg: 119.

      Tellers for the Noes, Bridget Prentice, Dr Nick Palmer: 295.

    So the Question was negatived.

    The Speaker then put forthwith a single question on any other amendments moved or motions made by a Minister of the Crown.

    Other Amendments (Nos. 47 and 52 to 60) made to the Bill.

8    Business 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 Motions in the name of Margaret Beckett relating to Deferred Divisions and Mr Stephen Timms relating to Vote on Account 2001-02 may be proceeded with, though opposed, until any hour-(Mr Mike Hall):-It was agreed to.

9    Hunting Bill,-A Motion was made, and the Question being proposed, That the Bill be now read the third time;

    The House proceeded to a division.

Wednesday 28th February 2001

      Tellers for the Ayes, Mr Tony Banks, Bridget Prentice: 319.

      Tellers for the Noes, Mr Desmond Swayne, Mr Douglas Hogg: 140.

    So the Question was agreed to.

    The Bill was accordingly read the third time and passed.

10    Deferred Divisions,-A Motion was made, and the Question being put, That, at the sitting on Wednesday 7th March, notwithstanding the provisions of the Sessional Order of 7th November 2000 (Deferred Divisions) votes on divisions which have been deferred until half past Three o'clock on that day shall be recorded for one and a half hours after half past Five o'clock, no account being taken of any period during which the House or committee proceeds to a division-(Paddy Tipping);

    And the Deputy Speaker's opinion as to the decision of the Question being challenged, the division was deferred till Wednesday 7th February, pursuant to Order (7th November 2000).

11    Vote on Account 2000-01,-A Motion was made, and the Question being proposed, That paragraph (3) of Standing Order No. 55 (Questions on voting of estimates, &c.) shall apply on a day not later than 18th March as if the words '(aa) votes on account for the coming financial year;' were inserted after line 21-(Mr Stephen Timms);

    Mr Michael Fallon moved, That the House sit in private.

    The Deputy Speaker put the Question forthwith, pursuant to Standing Order No. 163 (Motions to sit in private).

    The House divided.

      Tellers for the Ayes, Mr Eric Forth, Mr Gerald Howarth: 1.

      Tellers for the Noes, Mr Graham Allen, Mr Clive Betts: 62.

    So the Question was negatived.

    And the Question being again proposed;

    Question put and agreed to.

    Ordered, That paragraph (3) of Standing Order No. 55 (Questions on voting of estimates, &c.) shall apply on a day not later than 18th March as if the words '(aa) votes on account for the coming financial year;' were inserted after line 21.

12    Delegated Legislation,-Ordered, That the Motion in the name of Mr Secretary Straw relating to Data Protection and Freedom of Information shall be treated as if it related to an instrument subject to the provisions of Standing Order No. 118 (Standing Committees on Delegated Legislation) in respect of which notice has been given that the instrument be approved.-(Mr Greg Pope)

13    Adjournment,-Resolved, That this House do now adjourn.-(Mr Greg Pope.)

    And accordingly the House, having continued to sit till twenty-seven minutes to Three o'clock, adjourned till this day.

[Adjourned at 2.33 a.m.

Michael J. Martin
Speaker


Mr Speaker will take the Chair at half-past Two o'clock.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

    1    Financial Services and Markets,-(1) Draft Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001,

    (2) draft Financial Services and Markets Act 2000 (Designated Professional Bodies) Order 2001,

    (3) draft Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001,

    (4) draft Open-Ended Investment Companies Regulations 2001, and

    (5) Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I., 2001, No. 544), dated 26th February 2001

    (6) draft Financial Services and Markets Act 2000 (Financial Promotion) Order 2001, and

    (7) draft Financial Services and Markets Act 2000 (Exemption) Order 2001

    [by Act] [Miss Melanie Johnson].

    2    Local Government Finance,-Local Government Finance (England) Special Grant Report (No. 73) on 2000-01 Special Grant for Unaccompanied Asylum-Seeking Children [by Act]; to be printed [No. 275] [Mr Secretary Straw].

Papers subject to Negative Resolution:

    3    Defence,-Royal Air Force Terms of Service (Amendment) Regulations 2001 (S.I., 2001, No. 542), dated 23rd February 2001 [by Act] [Mr Secretary Hoon].

    4    Education,-Education (Student Support) (European Institutions) (Amendment) Regulations 2001 (S.I., 2001, No. 563), dated 23rd February 2001 [by Act] [Mr Secretary Blunkett].

    5    Social Security,-(1) Housing Benefit (General) Amendment Regulations 2001 (S.I., 2001, No. 487), dated 19th February 2001 [by Act] [Mr Secretary Darling]; and

    (2) Tax Credits (Claims and Payments) (Amendment) Regulations 2001 (S.I., 2001, No. 567), dated 26th February 2001 [by Act] [Dawn Primarolo].

    6    Social Security (Northern Ireland),-Tax Credits (Claims and Payments) (Northern Ireland) (Amendment) Regulations 2001 (S.I., 2001, No. 568), dated 26th February 2001 [by Act] [Dawn Primarolo].

Other Papers:

    7    Appropriations in Aid,-Treasury Minute, dated 27th February 2001, directing the application of certain receipts as appropriations in aid of the Votes specified in the Spring Supplementary Estimates for 2000-01 [by Act] [Mr Stephen Timms].

    8    Civil List,-List of new and supplementary pensions granted under the Civil List Act 1972 for 2000-2001 [by Act] [Mr Stephen Timms].

    9    Defence (Votes A), 2001-02,-Estimates of the maximum numbers of personnel to be maintained for service with the Armed Forces for 2001-02 [by Command]; to be printed [No. 157] [Mr Secretary Hoon].

    10    Hong Kong,-Six-monthly Report on Hong Kong, July-December 2000 [by Command] [Cm. 5067] [Mr Secretary Cook].

    11    Northern Ireland Executive Agencies,-Report and Accounts of the Compensation Agency for 1999-2000, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 179] [Mr Secretary Reid].

    12    Public Petitions,-Observations by the Secretary of State for the Environment, Transport and the Regions on the Petition [13th February] from citizens of Frome, Somerset, against mobile phone masts in built-up areas [by Standing Order]; to be printed [Clerk of the House].

    13    Statutory Instruments (Notification),-Communication declaring that the undermentioned Statutory Instrument had come into operation before copies were laid before Parliament, and explaining why such copies had not been so laid before the Instrument came into operation:

    Export Restrictions (Foot-and-Mouth Disease) Regulations 2001 (S.I., 2001, No.498)

    [by Standing Order] [The Speaker].

    14    Supply Estimates, 2000-01,-(1) Spring Supplementary Estimates for 2000-01 [by Command]; to be printed [No. 256] [Mr Stephen Timms]; and

    (2) Spring Supplementary Estimate (Class XVIII, A, House of Commons) for 2000-01 [by Command]; to be printed [No. 255] [The Speaker].

    15    Supply Estimates, 2001-02,-(1) Estimates for Central Government, for which a Vote on Account is required for 2001-02 [by Command]; to be printed [No. 251] [Mr Stephen Timms];

    (2) Estimates for the Electoral Commission, for which a Vote on Account is required for 2001-02 [by Command]; to be printed [No. 254] [The Speaker];

    (3) Estimates for the House of Commons, for which a Vote on Account is required for 2001-02 [by Command]; to be printed [No. 252] [The Speaker]; and

    (4) Estimates for the National Audit Office, for which a Vote on Account is required for 2001-02 [by Command]; to be printed [No. 253] [Mr Robert Sheldon].

APPENDIX II

Reports from Select Committees

    1    Agriculture,-(1) Sixth Report from the Agriculture Committee [The UK Pig Industry]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 32];

    (2) Minutes of Evidence taken before the Committee [Implementation of IACS in the European Union]; to be printed [No. 150-ii]; and

    (3) Memoranda laid before the Committee [Common Agricultural Policy Paying Agency; Government Research into Transmissible Spongiform Encephalopathies and Intensive Farming]

    [Mr David Curry].

    2    Foreign Affairs,-Minutes of Evidence taken before the Foreign Affairs Committee [Government policy towards the Federal Republic of Yugoslavia following the fall of Milosevic]; to be printed [No. 246-ii] [Donald Anderson].

    3    International Development,-Minutes of Evidence taken before the International Development Committee [Corruption]; to be printed [No. 39-vi] [Mr Bowen Wells].

    4    Standards and Privileges,-Minutes of Evidence taken before the Committee on Standards and Privileges [Proposed Amendments to the Rules relating to the Conduct of Members]; to be printed [No. 267-ii][Mr Robert Sheldon].

    5    Statutory Instruments,-(1) Eighth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 46-viii]; and

    (2) First Report from the Select Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 288-i]

    [Mr David Tredinnick].

    6    Treasury,-Minutes of Evidence taken before the Treasury Committee [Bank of England]; to be printed [No. 42-iv] [Mr Giles Radice].


[W.H., No. 23]

Minutes of Proceedings of the Sitting in Westminster Hall
[pursuant to the Order of 20th November 2000]

    The sitting commenced at half-past Nine o'clock.

    Adjournment,-A Motion was made, and the Question being proposed, That the sitting be now adjourned-(Mr Mike Hall);

    And it being Two o'clock, the sitting was adjourned without Question put, till to-morrow.

[Adjourned at 2.00 p.m.

Sir Alan Haselhurst
Deputy Speaker



 
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