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Session 2000-01
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House of Commons Votes and Proceedings
Monday 19th March 2001

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

PRAYERS.

1    First Standing Committee on Delegated Legislation,-Mr John McWilliam reported from the First Standing Committee on Delegated Legislation the draft Weights and Measures (Intoxicating Liquor) (Amendment) Order 2001.

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

2     Second Standing Committee on Delegated Legislation,-Mr Bowen Wells reported from the Second Standing Committee on Delegated Legislation the draft Postal Services Act 2000 (Determination of Turnover for Penalties) Order 2001 and the draft Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001.

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

3    Sixth Standing Committee on Delegated Legislation,-Mr Eddie O'Hara reported from the Sixth Standing Committee on Delegated Legislation the draft Defence Aviation Repair Agency Trading Fund Order 2001.

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

4    Twelfth Standing Committee on Delegated Legislation,-Mr Jim Cunningham reported from the Twelfth Standing Committee on Delegated Legislation the draft Scotland Act 1998 (Consequential Modifications) Order 2001 and the draft Scotland Act 1998 (Modification of Schedule 5) Order 2001.

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

5    Human Fertilisation and Embryology (Deceased Fathers) Bill,-Ordered, That the Explanatory Notes relating to the Human Fertilisation and Embryology (Deceased Fathers) Bill be printed [Bill 24-EN].

6    Consolidated Fund (No. 2) Bill,-The Order of the day being read, for the Second Reading of the Consolidated Fund (No. 2) Bill;

    A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 56 (Consolidated Fund Bills), That the Bill be now read a second time:-It was agreed to.

    The Bill was accordingly read a second time.

    And the Question being put forthwith, That the Bill be now read the third time:-It was agreed to.

    The Bill was accordingly read the third time, and passed.

7    Regulatory Reform Bill [Lords],-The Order of the day being read, for the second reading of the Regulatory Reform Bill [Lords];

    And a Motion being made, and the Question being proposed, That the Bill be now read a second time;

    An Amendment was proposed to the Question, to leave out from the word 'That' to the end of the Question and add the words 'this House declines to give a Second Reading to the Regulatory Reform Bill [Lords] because it seeks to extend the use of powers intended solely for a deregulatory purpose to the creation of new burdens and to the rewriting of legislation without a specific deregulatory effect; and fails to apply sufficient consultative, scrutiny and review provisions to the exceptional powers proposed', instead thereof.-(Mr Andrew Lansley.)

    And the Question being put, That the Amendment be made;

    The House divided.

      Tellers for the Ayes, Mr Geoffrey Clifton-Brown, Mr James Gray: 151.

      Tellers for the Noes, Mr Mike Hall, Mr Clive Betts: 284.

    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.

    So the Question was agreed to.

    The Bill was accordingly read a second time.

8    Regulatory Reform Bill [Lords] (Programme),-A Motion was made, and the Question was put, That the following provisions shall apply to the Regulatory Reform Bill [Lords]:

Standing Committee

    1. The Bill shall be committed to a Standing Committee.

    2. The Standing Committee shall have leave to sit twice on the first day on which it shall meet.

    3. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 29th March.

Consideration and Third Reading

    4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion at Nine o'clock on the day on which those proceedings are commenced or, if that day is a Thursday, at Six o'clock on that day.

    5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at Ten o'clock on the day on which those proceedings are commenced or, if that day is a Thursday, at Seven o'clock on that day.

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

Lords messages

    7. 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 motion to vary or supplement this order for the purpose of allocating time to proceedings on consideration of any messages from the Lords, and the question on any such motion shall be put forthwith-(Mr Graham Stringer);

    The House divided.

      Tellers for the Ayes, Mr Clive Betts, Mr Mike Hall: 265.

      Tellers for the Noes, Mr James Gray, Mr Peter Atkinson: 143.

    So the Question was agreed to.

    Ordered, That the following provisions shall apply to the Regulatory Reform Bill [Lords]:

Standing Committee

    1. The Bill shall be committed to a Standing Committee.

    2. The Standing Committee shall have leave to sit twice on the first day on which it shall meet.

    3. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 29th March.

Consideration and Third Reading

    4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion at Nine o'clock on the day on which those proceedings are commenced or, if that day is a Thursday, at Six o'clock on that day.

    5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at Ten o'clock on the day on which those proceedings are commenced or, if that day is a Thursday, at Seven o'clock on that day.

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

Lords messages

    7. 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 motion to vary or supplement this order for the purpose of allocating time to proceedings on consideration of any messages from the Lords, and the question on any such motion shall be put forthwith.

9    Regulatory Reform Bill [Lords] [Money],-Her Majesty's Recommendation having been signified to the proposed Motion relating to Regulatory Reform Bill [Lords] [Money];

    A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills) That, for the purposes of any Act resulting from the Regulatory Reform Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of-

    (a) any expenses incurred by a Minister of the Crown or government department in consequence of orders under the Act, and

    (b) any increase attributable to orders under the Act in the sums which under any other Act are payable out of money so provided-(Mr David Clelland):-It was agreed to.

10    European Security and Defence Policy,-A Motion was made, and the Question being proposed, That this House takes note of the unnumbered Explanatory Memorandum submitted by the Foreign and Commonwealth Office on 27th November 2000 relating to the Presidency Report to the Nice European Council on the Common European Security and Defence Policy (document 14056/3/00) and the three unnumbered Explanatory Memoranda submitted by the FCO on 22nd and 23rd January relating to the establishment of permanent CESDP bodies; welcomes the Government's approach to a Common European Security and Defence Policy; and supports the Govenment's intention to pursue this intitiative in the EU and in close co-operation with NATO-(Mr Keith Vaz);

Tuesday 20th March 2001

    And it being one and a half hours after the commencement of proceedings on the Motion, the Deputy Speaker put the Question, pursuant to Standing Order No. 16 (Proceedings under an Act or on European Union documents);

    And the Deputy Speaker's opinion as to the decision of the Question being challenged, the division was deferred till Wednesday 21st March, pursuant to Order [7th November].

11    Data Protection and Freedom of Information,-Her Majesty's Recommendation having been signified to the proposed Motion relating to Data Protection and Freedom of Information;

    A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the following provision shall be made with respect to the salary of the Information Commissioner-

    (1) In respect of service from 30th January 2001 to 31st March 2001, the salary of the Information Commissioner shall be at a yearly rate of 85,000.

    (2) For each year starting with 1st April, from 2001 onwards, the yearly rate shall be increased by the average percentage by which the mid-points of the Senior Civil Service pay bands having effect from 1st April of that year have increased compared with the previous 1st April.

    (3) The mid-point of a Senior Civil Service pay band is the point half way between the maximum and the minimum-(Mrs Anne McGuire):-It was agreed to.

12    Social Security,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Social Security (Inherited SERPS) Regulations 2001, which were laid before this House on 26th February, be approved-(Mrs Anne McGuire):-It was agreed to.

13    Highways,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Street Works (Charges for Unreasonably Prolonged Occupation of the Highways) (England) Regulations 2001, which were laid before this House on 26th February, be approved-(Mrs Anne McGuire):-It was agreed to.

14    Legal Services Commission,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Criminal Defence Service (Choice in Very High Cost Cases) Regulations 2001, which were laid before this House on 26th February, be approved-(Mrs Anne McGuire):-It was agreed to.

15    Legal Services Commission,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Criminal Defence Service (Representation Order Appeals) Regulations 2001, which were laid before this House on 26th February, be approved-(Mrs Anne McGuire):-It was agreed to.

16    Climate Change Levy,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Climate Change Levy (Use as Fuel) Regulations 2001, which were laid before this House on 26th February, be approved-(Mrs Anne McGuire):-It was agreed to.

17    Climate Change Levy,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Climate Change Levy (Combined Heat and Power Stations) Prescribed Conditions and Efficiency Percentages Regulations 2001, which were laid before this House on 26th February, be approved-(Mrs Anne McGuire):-It was agreed to.

18    Climate Change Levy,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Climate Change Agreements (Energy-intensive Installations) Regulations 2001, which were laid before this House on 26th February, be approved-(Mrs Anne McGuire):-It was agreed to.

19    Climate Change Levy,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Climate Change Levy (Electricity and Gas) Regulations 2001, which were laid before this House on 26th February, be approved-(Mrs Anne McGuire):-It was agreed to.

20    Climate Change Levy,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Climate Change Levy (Solid Fuel) Regulations 2001, which were laid before this House on 26th February, be approved-(Mrs Anne McGuire):-It was agreed to.

21    Terms and Conditions of Employment,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2001, which were laid before this House on 26th February, be approved-(Mrs Anne McGuire):-It was agreed to.

22    Terms and Conditions of Employment,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft National Minimum Wage Regulations 1999 (Amendment) Regulations 2001, which were laid before this House on 26th February, be approved-(Mrs Anne McGuire):-It was agreed to.

23    Criminal Injuries Compensation,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Draft of Alterations to the Criminal Injuries Compensation Scheme, which was laid before this House on 5th March, be approved-(Mrs Anne McGuire):-It was agreed to.

24    Access to Justice,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Code of Conduct for Employees of the Legal Services Commission who provide services as part of the Criminal Defence Service, which was laid before this House on 6th February, be approved-(Mrs Anne McGuire):-It was agreed to.

25    Financial Services and Markets,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I., 2001, No. 544) dated 26th February 2001, a copy of which was laid before this House on 27th February, be approved-(Mrs Anne McGuire):-It was agreed to.

26    Financial Services and Markets,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001, which was laid before this House on 27th February, be approved-(Mrs Anne McGuire):-It was agreed to.

27    Financial Services and Markets,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Financial Services and Markets Act 2000 (Exemption) Order 2001, which was laid before this House on 27th February, be approved-(Mrs Anne McGuire):-It was agreed to.

28    Public Petitions,-A Public Petition from the Kilmarnock Forum on Disability for a review of eligibility for the winter fuel payment was presented and read; and ordered to lie upon the Table and to be printed.

29    Adjournment,-Resolved, That this House do now adjourn.-(Mrs Anne McGuire.)

    And accordingly the House, having continued to sit till seven minutes past One o'clock on Tuesday morning, adjourned till this day.

[Adjourned at 1.07 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 Negative Resolution:

    1    Financial Services,-Financial Services Act 1986 (Exemption) Order 2001 (S.I., 2001, No. 1061), dated 19th March 2001 [by Act] [Miss Melanie Johnson].

    2    Financial Services and Markets,-(1) Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 (S.I., 2001, No. 1062), and

    (2) Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 (S.I., 2001, No. 1060)

    dated 19th March 2001 [by Act] [Miss Melanie Johnson].

    3    National Assistance Services,-National Assistance (Assessment of Resources) (Amendment) (No. 2) (England) Regulations 2001 (S.I., 2001, No. 1066), dated 18th March 2001 [by Act] [Mr Secretary Milburn].

    4    Probation,-Local Probation Boards (Appointments and Miscellaneous Provisions) Regulations 2001 (S.I., 2001, No. 1035), dated 15th March 2001 [by Act] [Mr Secretary Straw].

    5    Social Care,-National Care Standards Commission (Membership and Procedure) Regulations 2001 (S.I., 2001, No. 1042), dated 18th March 2001 [by Act] [Mr Secretary Milburn].

    6    Social Security,-(1) Social Security Benefits Up-rating Regulations 2001 (S.I., 2001, No. 910), and

    (2) Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2001 (S.I., 2001, No. 911),

    dated 12th March 2001 [by Act] [Mr Secretary Darling].

Other Papers:

    7    Immigration and Asylum,-Draft Code of Practice for all employers on the avoidance of race discrimination in recruitment practice while seeking to prevent illegal working [by Act] [Mr Secretary Straw].

    8    National Audit,-Report by the Comptroller and Auditor General on Ship Surveys and Inspections [by Act]; to be printed [No. 338] [Clerk of the House].

    9    National Lottery,-Accounts of the National Lottery Distribution Fund for 1999-2000, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 344] [Clerk of the House].

    10    School Standards and Framework,-Accounts of the-

    (1) Corby Education Action Zone, and

    (2) North Islington Education Action Zone

    for 1999-2000, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 343 and 342] [Clerk of the House].

APPENDIX II

Standing Committees

    1    Draft Weights and Measures (Intoxicating Liquor) (Amendment) Order 2001,-The Committee of Selection has discharged Mrs Anne Campbell, Mr David Drew and Mr Greg Pope from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Mr Jamie Cann, Jim Dowd and Caroline Flint.

    2    Draft Postal Services Act 2000 (Determination of Turnover for Penalties) Order 2001, and the draft Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001,- The Committee of Selection has discharged Jim Dowd and Ms Dari Taylor from the Second Standing Committee on Delegated Legislation (nominated in respect of the draft Orders); and nominated in substitution Mr Greg Pope and Dr Phyllis Starkey.

    3    Local Government Finance (England) Special Grant Report (No. 77) on 2000/2001 Special Grant for Unaccompanied Asylum-Seeking Children (House of Commons Paper No. 315):

    (1) The Speaker has appointed Mr Frank Cook Chairman of the Third Standing Committee on Delegated Legislation in respect of the Report, in place of Mr Jim Cunningham; and

    (2) The Committee of Selection has discharged Mrs Barbara Roche from the Committee and nominated in substitution Mr Paul Boateng.

    4    Draft Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2001,-The Committee of Selection has discharged Mrs Ann Cryer, Mr Nigel Griffiths and Mr Colin Pickthall from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Mr John Grogan, Angela Smith and Mr Jon Owen Jones.

    5    Draft Tax Credits Up-rating Order 2001,-The Committee of Selection has discharged Mr Andrew Miller from the Seventh Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Mr Bob Laxton.

    6    Draft Scotland Act 1998 (Consequential Modifications) Order 2001, and the draft Scotland Act 1998 (Modification of Schedule 5) Order 2001,-The Committee of Selection has discharged Dr Norman A. Godman and Ms Sandra Osborne from the Twelfth Standing Committee on Delegated Legislation (nominated in respect of the draft Orders); and nominated in substitution Mr Calum Macdonald and Mr Jim Murphy.

APPENDIX III

Reports from Select Committees

    1    Health,-(1) First Report from the Health Committee [Access to NHS Dentistry], together with 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. 247];

    (2) Second Report from the Committee [Public Health], together with 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. 30]; and

    (3) Memoranda laid before the Committee [Public Health; Access to NHS Dentistry]

    [Mr David Hinchliffe].

    2    Joint Committee on Human Rights,-Minutes of Evidence taken before the Joint Committee on Human Rights [Implementation of the Human Rights Act 1998]; to be printed [No. 332-ii] [Jean Corston].

    3    Public Accounts,-(1) Tenth Report from the Committee of Public Accounts [Parole], together with an Appendix 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. 349]; and

    (2) Minutes of Evidence taken before the Committee [Access to the Victoria and Albert Museum] [No. 350-i]

    [Mr David Davis].



 
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