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House of Commons
Session 2000-01
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House of Commons Votes and Proceedings
Thursday 22nd March 2001

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

PRAYERS.

1    City 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 Thursday 29th March.

2    Second Standing Committee on Delegated Legislation,-Dr Michael Clark reported from the Second Standing Committee on Delegated Legislation the remuneration and expenses of the Electoral Commissioners, and the remuneration and expenses of the Chairman of the Electoral Commission.

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

3    Eighth Standing Committee on Delegated Legislation,-Mr George Stevenson reported from the Eighth Standing Committee on Delegated Legislation the draft Defence Science and Technology Laboratory Trading Fund Order 2001.

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

4    Eighth Standing Committee on Delegated Legislation,-Mr John Butterfill reported from the Eighth Standing Committee on Delegated Legislation the draft Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001, and the draft Financial Services and Markets Act 2000 (Designated Professional Bodies) Order 2001.

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

5    Tenth Standing Committee on Delegated Legislation,-Sir David Madel reported from the Tenth Standing Committee on Delegated Legislation the draft Greater London Road Traffic (Various Provisions) Order 2001.

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

6    Northern Ireland Grand Committee,-Mr John McWilliam reported from the Northern Ireland Grand Committee, That it had considered the proposal for a draft Life Sentences (Northern Ireland) Order 2001 and the proposal for a draft Financial Investigations Order (Northern Ireland) 2001, referred to it on 14th March 2001.

7    Royal 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:

      Consolidated Fund Act 2001.

      Capital Allowances Act 2001

      Alliance and Leicester Group Treasury plc (Transfer) Act 2001

      Colchester Borough Council Act 2001.

8    Election of a Speaker,-A Motion was made, and the Question being proposed, That-

    (1) This House approves the recommendations contained in the Second Report of the Procedure Committee, Session 2000-01, Election of a Speaker (House of Commons Paper No. 40) relating to the election of a Speaker.

    (2) Standing Order No. 1 (Election of the Speaker) be amended by leaving out paragraph (4); and the title of the Standing Order shall be 'Election of the Speaker: Member presiding'; and

    (3) The following new Standing Orders No. 1A (Re-election of former Speaker) and No. 1B (Election of Speaker by secret ballot) be made:

Re-election of former Speaker

    1A. (1) If at the commencement of a Parliament the Member who was Speaker at the dissolution of the previous Parliament is returned to the House, the Member presiding in accordance with Standing Order No. 1 (Election of the Speaker: Member presiding) shall, when the House meets to proceed with the choice of a Speaker, ascertain whether the former Speaker is willing to be chosen as Speaker, and, the former Speaker having submitted himself to the House, shall call upon a Member to move that he do take the Chair of this House as Speaker; and the question thereon shall be put forthwith.

    (2) If the question is agreed to, the former Speaker shall thereupon take the Chair as Speaker-elect.

    (3) If the question is negatived, the Member presiding shall forthwith adjourn the House to the following day at half-past Two o'clock, and the House shall proceed in accordance with Standing Order No. 1B (Election of Speaker by secret ballot).

Election of Speaker by secret ballot

    1B. (1) If the question put in accordance with Standing Order No. 1A (Re-election of former Speaker) has been negatived, and on any other occasion when it is necessary to proceed with the choice of a new Speaker, the election shall be by secret ballot.

    (2) Preparatory arrangements for a ballot shall be made under the supervision of the Clerk of the House.

    (3) (a) Nominations of candidates shall be in writing and shall be received by the Clerk of the House between half-past Nine o'clock and half-past Ten o'clock in the morning on the day on which the House is to elect a Speaker.

    (b) Each nomination shall consist of a signed statement made by the candidate declaring his willingness to stand for election accompanied by the signatures of not fewer than twelve nor more than fifteen Members, of whom not fewer than three shall be Members elected to the House as members of any party other than that to which the candidate belongs or members of no party. No Member shall sign more than one such statement and if any Member does so, his signature shall no longer be valid.

    (c) As soon as practicable following the close of nominations, lists of the candidates shall be placed in the Members' lobby and published.

    (4) If only one Member is nominated in accordance with paragraph (3) above, the Member presiding shall, when the House meets to elect a Speaker, invite the Member so nominated to submit himself to the House, and shall then put forthwith the question that that Member do take the Chair of this House as Speaker.

    (5) Paragraphs (6) to (13) of this Order shall apply if two or more Members are nominated in accordance with paragraph (3) above.

    (6) When the House meets, the order in which candidates may address the House shall be determined by lot; the Member presiding shall then invite each candidate to address the House; and after all candidates have been given an opportunity to speak, the Member presiding shall direct the House to proceed to a ballot.

    (7) The Member presiding may not vote in any ballot.

    (8) (a) A ballot shall take place in the lobbies unless the Member presiding directs otherwise.

    (b) Each Member intending to vote shall be provided with a ballot paper bearing the names of the candidates listed in alphabetical order.

    (c) Each such Member may vote for only one candidate on the ballot paper.

    (d) A ballot shall be declared closed after the expiration of half an hour and counting shall take place under arrangements made by the Clerk of the House.

    (e) The Member presiding shall have discretion to vary the timings given in this Order and power to give final directions on any matter of doubt arising from the conduct of a ballot or from an individual ballot paper.

    (9) As soon as practicable after the votes have been counted the Member presiding shall announce to the House the numbers of votes cast for each candidate.

    (10) If a candidate has received more than half the votes cast in a ballot, the Member presiding shall forthwith put the question that that Member do take the Chair of this House as Speaker.

    (11) If no candidate has received more than half the votes cast in a ballot the Member presiding shall direct the House to proceed forthwith to a further ballot to which paragraph (12) below shall apply.

    (12) In any further ballot no new nominations may be received and the names of-

      (a) the candidate who received the fewest votes in the previous ballot;

      (b) any candidate who received less than five per cent. of the votes cast in the previous ballot; and

      (c) any candidate who, within ten minutes of the announcement in the House of the result of the previous ballot, shall have notified the Member presiding of his intention to withdraw,

    shall be removed from the ballot paper, except that where two or more candidates received the same number of votes, their names shall remain on the ballot paper unless paragraph (b) applies.

    (13) If the effect of paragraph (12) above is to remove from the ballot paper the name of every candidate except one, the Member presiding shall forthwith put the question that that Member do take the Chair of this House as Speaker.

    (14) (a) Notwithstanding the provisions of Standing Orders Nos. 10 (Wednesday sittings) and 11 (Friday sittings), on any day on which the House meets to elect a Speaker, it shall meet at half-past Two o'clock.

    (b) No amendment may be offered to the question that a Member do take the Chair of this House as Speaker.

    (c) If that question is agreed to, that Member shall thereupon take the Chair as Speaker-elect.

    (d) If that question is negatived, the Member presiding shall forthwith adjourn the House to the following day at half-past Two o'clock, and the provisions of paragraph (3) above shall apply in respect of a fresh ballot-(Margaret Beckett);

    An Amendment was proposed to the Question, in line 23, to leave out the word 'secret'-(Mr David Winnick);

    Question proposed, That the Amendment be made;

    And it being Four o'clock, the Speaker put the Questions which he was required to put at that hour, pursuant to Order [13th March].

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Mr Dennis Skinner, Mr David Winnick: 82.

      Tellers for the Noes, Mr Crispin Blunt, Mr Andrew Stunell: 84.

    So the Question was negatived.

    And the Main Question being put:-It was agreed to.

    Ordered, That-

    (1) This House approves the recommendations contained in the Second Report of the Procedure Committee, Session 2000-01, Election of a Speaker (House of Commons Paper No. 40) relating to the election of a Speaker.

    (2) Standing Order No. 1 (Election of the Speaker) be amended by leaving out paragraph (4); and the title of the Standing Order shall be 'Election of the Speaker: Member presiding'; and

    (3) The following new Standing Orders No. 1A (Re-election of former Speaker) and No. 1B (Election of Speaker by secret ballot) be made:

Re-election of former Speaker

    1A. (1) If at the commencement of a Parliament the Member who was Speaker at the dissolution of the previous Parliament is returned to the House, the Member presiding in accordance with Standing Order No. 1 (Election of the Speaker: Member presiding) shall, when the House meets to proceed with the choice of a Speaker, ascertain whether the former Speaker is willing to be chosen as Speaker, and, the former Speaker having submitted himself to the House, shall call upon a Member to move that he do take the Chair of this House as Speaker; and the question thereon shall be put forthwith.

    (2) If the question is agreed to, the former Speaker shall thereupon take the Chair as Speaker-elect.

    (3) If the question is negatived, the Member presiding shall forthwith adjourn the House to the following day at half-past Two o'clock, and the House shall proceed in accordance with Standing Order No. 1B (Election of Speaker by secret ballot).

Election of Speaker by secret ballot

    1B. (1) If the question put in accordance with Standing Order No. 1A (Re-election of former Speaker) has been negatived, and on any other occasion when it is necessary to proceed with the choice of a new Speaker, the election shall be by secret ballot.

    (2) Preparatory arrangements for a ballot shall be made under the supervision of the Clerk of the House.

    (3) (a) Nominations of candidates shall be in writing and shall be received by the Clerk of the House between half-past Nine o'clock and half-past Ten o'clock in the morning on the day on which the House is to elect a Speaker.

    (b) Each nomination shall consist of a signed statement made by the candidate declaring his willingness to stand for election accompanied by the signatures of not fewer than twelve nor more than fifteen Members, of whom not fewer than three shall be Members elected to the House as members of any party other than that to which the candidate belongs or members of no party. No Member shall sign more than one such statement and if any Member does so, his signature shall no longer be valid.

    (c) As soon as practicable following the close of nominations, lists of the candidates shall be placed in the Members' lobby and published.

    (4) If only one Member is nominated in accordance with paragraph (3) above, the Member presiding shall, when the House meets to elect a Speaker, invite the Member so nominated to submit himself to the House, and shall then put forthwith the question that that Member do take the Chair of this House as Speaker.

    (5) Paragraphs (6) to (13) of this Order shall apply if two or more Members are nominated in accordance with paragraph (3) above.

    (6) When the House meets, the order in which candidates may address the House shall be determined by lot; the Member presiding shall then invite each candidate to address the House; and after all candidates have been given an opportunity to speak, the Member presiding shall direct the House to proceed to a ballot.

    (7) The Member presiding may not vote in any ballot.

    (8) (a) A ballot shall take place in the lobbies unless the Member presiding directs otherwise.

    (b) Each Member intending to vote shall be provided with a ballot paper bearing the names of the candidates listed in alphabetical order.

    (c) Each such Member may vote for only one candidate on the ballot paper.

    (d) A ballot shall be declared closed after the expiration of half an hour and counting shall take place under arrangements made by the Clerk of the House.

    (e) The Member presiding shall have discretion to vary the timings given in this Order and power to give final directions on any matter of doubt arising from the conduct of a ballot or from an individual ballot paper.

    (9) As soon as practicable after the votes have been counted the Member presiding shall announce to the House the numbers of votes cast for each candidate.

    (10) If a candidate has received more than half the votes cast in a ballot, the Member presiding shall forthwith put the question that that Member do take the Chair of this House as Speaker.

    (11) If no candidate has received more than half the votes cast in a ballot the Member presiding shall direct the House to proceed forthwith to a further ballot to which paragraph (12) below shall apply.

    (12) In any further ballot no new nominations may be received and the names of-

      (a) the candidate who received the fewest votes in the previous ballot;

      (b) any candidate who received less than five per cent. of the votes cast in the previous ballot; and

      (c) any candidate who, within ten minutes of the announcement in the House of the result of the previous ballot, shall have notified the Member presiding of his intention to withdraw,

    shall be removed from the ballot paper, except that where two or more candidates received the same number of votes, their names shall remain on the ballot paper unless paragraph (b) applies.

    (13) If the effect of paragraph (12) above is to remove from the ballot paper the name of every candidate except one, the Member presiding shall forthwith put the question that that Member do take the Chair of this House as Speaker.

    (14) (a) Notwithstanding the provisions of Standing Orders Nos. 10 (Wednesday sittings) and 11 (Friday sittings), on any day on which the House meets to elect a Speaker, it shall meet at half-past Two o'clock.

    (b) No amendment may be offered to the question that a Member do take the Chair of this House as Speaker.

    (c) If that question is agreed to, that Member shall thereupon take the Chair as Speaker-elect.

    (d) If that question is negatived, the Member presiding shall forthwith adjourn the House to the following day at half-past Two o'clock, and the provisions of paragraph (3) above shall apply in respect of a fresh ballot.

9    Kent County Council Bill [Lords],-The House, according to Order, proceeded to consider the Kent County Council Bill [Lords], as amended by the Chairman of Ways and Means.

    Amendments (Nos. 15, 18, 16, 1, 25 and 26) made to the Bill.

    Another Amendment (No. 5) proposed to the Bill, in page 4, line 26, to leave out '(7)' and to insert '(8)', instead thereof.-(Mr Paul Clark.)

    Question put, That the Amendment be made.

    The House proceeded to a Division.

    Mr Paul Clark and Mr Chris Pond were appointed Tellers for the Ayes; but no Member being willing to act as Teller for the Noes the Deputy Speaker declared that the Ayes had it.

    Another Amendment (No. 2) made to the Bill.

    Another Amendment (No. 27) proposed to the Bill, in page 4, line 29, to leave out from the word 'business' to the word 'enter' in line 30.-(Derek Wyatt.)

    Question, That the Amendment be made, put and negatived.

    Other Amendments (Nos. 6 to 14, 3, 41 and 45 to 47) made to the Bill.

    Another Amendment (No. 53) proposed to the Bill, in page 12, line 41, to leave out from the beginning to the end of line 4 on page 13.-(Derek Wyatt.)

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

    The Bill was read the third time, and passed, with Amendments.

10     Medway Council Bill [Lords],-The House, according to Order, proceeded to consider the Medway Council Bill [Lords], as amended by the Chairman of Ways and Means.

    Amendments (Nos. 16, 19, 17, 1, 26, 27, 15, 3, 28, 6 to 14, 4, and 46 to 48) made to the Bill.

    Another Amendment (No. 54) was proposed to the Bill, in page 13, line 10, to leave out from the beginning to the end of line 16.-(Derek Wyatt.)

    Question put, That the Amendment be made.

    The House proceeded to a Division; but no Member being willing to act as Teller for the Ayes, the Deputy Speaker declared that the Noes had it.

    The Bill was read the third time, and passed, with Amendments.

11    Public Petitions,-Public Petitions from-

    (1) from Carol and Mick Frewing against the sale of all Whitbread pubs to a sole bidder, and for the right of individual licensees to buy their own pubs; and

    (2) residents of South Wales for expedited settlement of the personal injury compensation claims of miners suffering from respiratory disease

    were presented and read; and ordered to lie upon the Table and to be printed.

12    Public Petitions,-A Public Petition from Mr David J. Price and residents of the county of Kent and residents of Medway and others calling for the rejection of the Kent County Council Bill [Lords] and the Medway Council Bill [Lords] was presented; and ordered to lie upon the Table and to be printed.

13    Adjournment,-Resolved, That this House do now adjourn.-(Mr Tony McNulty.)

    And accordingly the House, having continued to sit till twenty-three minutes past Six o'clock, adjourned till to-morrow.

[Adjourned at 6.23 p.m.

Michael J. Martin
Speaker


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


    APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

    1    Constitutional Law,-Draft Scottish Parliament (Elections etc.) (Amendment) Order 2001 [by Act] [Mrs Secretary Liddell].

Papers subject to Negative Resolution:

    2    Agriculture,-Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2001 (S.I., 2001, No. 1113), dated 21st March 2001 [by Act] [Mr Nicholas Brown].

    3    Income Tax,-Income Tax (Car Benefits) (Reduction of Value of Appropriate Percentage) Regulations 2001 (S.I., 2001, No. 1123), dated 21st March 2001 [by Act] [Mr Stephen Timms].

    4    Local Government,-Local Authorities (Changing Executive Arrangements and Alternative Arrangements) (England) Regulations 2001 (S.I., 2001, No. 1003), dated 15th March 2001 [by Act] [Mr Secretary Prescott].

    5    National Assistance Services,-National Assistance (Assessment of Resources) (Amendment) (No. 3) (England) Regulations 2001 (S.I., 2001, No. 1124), dated 21st March 2001 [by Act] [Mr Secretary Milburn].

    6    Pesticides,-Plant Protection Products (Amendment) Regulations 2001 (S.I., 2001, No. 1112), dated 21st March 2001 [by Act] [Mr Nicholas Brown].

    7    Police,-Royal Ulster Constabulary Reserve (Full-time) (Appointment and Conditions of Service) (Amendment) Regulations 2001 (S.R. (N.I.), 2001, No. 80), dated 19th February 2001 [by Act] [Mr Secretary Reid].

    8    Sea Fisheries,-Fisheries and Aquaculture Structures (Grants) (England) Regulations 2001 (S.I., 2001, No. 1117), dated 22nd March 2001 [by Act] [Mr Nicholas Brown].

    9    Social Security,-Social Security Amendment (Capital Disregards and Recovery of Benefits) Regulations 2001 (S.I., 2001, No. 1118), dated 21st March 2001 [by Act] [Mr Secretary Darling].

Other Papers:

    10    Environment, Transport and the Regions,-(1) Government Response to the Third Report from the Environment, Transport and Regional Affairs Committee, Session 2000-01, on Developments at National Air Traffic Services, and

    (2) Government Response to the Twentieth Report from the Environment, Transport and Regional Affairs Committee, Session 1999-2000, on UK Biodiversity

    [by Command] [Cms. 5085 and 5072] [Mr Secretary Prescott].

    11    Miscellaneous (No. 4, 2001),-Amendments, approved by the Twenty-fifth Intelsat Assembly of Parties at Washington on 13th to 17th November 2000, to the Agreement and the Operating Agreement relating to the International Telecommunications Satellite Organization (INTELSAT), with an Explanatory Memorandum [by Command] [Cm. 5092] [Mr Secretary Cook].

    12    National Health Service,-Statements of Guarantee given by the Secretary of State for Health on 20 March 2001 on loans proposed to be raised by-

    (1) East Anglian Ambulance National Health Service Trust,

    (2) East Gloucestershire National Health Service Trust,

    (3) Epsom & St Helier National Health Service Trust,

    (4) Gloucestershire Royal National Health Service Trust,

    (5) Isle of Wight Healthcare National Health Service Trust,

    (6) Norfolk and Norwich Health Care National Health Service Trust,

    (7) Norfolk Mental Health Care National Health Service Trust,

    (8) North Hampshire Hospitals National Health Service Trust,

    (9) Nuffield Orthopaedic Centre National Health Service Trust,

    (10) Southampton Community Health Services National Health Service Trust,

    (11) Southampton University Hospitals National Health Service Trust,

    (12) South Buckinghamshire National Health Service Trust,

    (13) University Hospitals of Leicester National Health Service Trust,

    (14) Weston Area Health National Health Service Trust, and

    (15) Whittington Hospital National Health Service Trust

    [by Act] [Mr Secretary Milburn].

APPENDIX II

Standing Committees

    1    Regulatory Reform Bill [Lords]:

    (1) The Speaker has allocated the Bill to Standing Committee A, and has appointed Mr Frank Cook Chairman; and

    (2) the Committee of Selection has nominated nineteen Members to serve on the Committee, viz.: Mrs Helen Brinton, Mr Russell Brown, Mr Ian Bruce, Dr Vincent Cable, Mr Brian Cotter, Mrs Claire Curtis-Thomas, Mr James Gray, Mr Andrew Lansley, Mr Bob Laxton, Mr Christopher Leslie, Ms Margaret Moran, Mr Richard Page, Mr Terry Rooney, Mr Anthony Steen, Mr Ian Stewart, Mr Graham Stringer, Mr Gerry Sutcliffe, Mr Derek Twigg and Mr Brian White.

    2    Regulatory Reform Bill [Lords] (Programming Sub-Committee),-The Speaker has appointed Mr Brian Cotter, Mr James Gray, Ms Margaret Moran, Mr Richard Page, Mr Graham Stringer, Mr Ian Stewart and Mr Gerry Sutcliffe members of the Programming Sub-Committee of Standing Committee A in respect of the Bill.

APPENDIX III

Reports from Select Committees

    1    Education and Employment,-Memoranda laid before the Employment Sub-Committee of the Education and Employment Committee [Age Discrimination in Employment] [Mr Derek Foster].

    2    Health,-Minutes of Evidence taken before the Health Committee [The provision of information by the Government relating to the safety of breast implants]; to be printed [No. 308-i] [Mr David Hinchliffe].

    3    International Development,-Fourth Report from the International Development Committee [Corruption], 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. 39] [Mr Bowen Wells].

    4    Treasury,-(1) Sixth Report from the Treasury Committee [HM Customs and Excise: Collection of Excise Duties]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 237];

    (2) Seventh Report from the Committee [Government Actuary's Department], together with Appendices to the Minutes of Evidence taken before the Sub-Committee of the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 236];

    (3) Eighth Report from the Committee [Royal Mint], together with Appendices to the Minutes of Evidence taken before the Sub-Committee of the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 239]; and

    (4) Ninth Report from the Committee [The Monetary Policy Committee-An End of Term Report], 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. 42]

    [Mr Giles Radice].

[W.H., No. 35]

Minutes of Proceedings of the Sitting in Westminster Hall

[pursuant to the Order of 20th November 2000]

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

    Adjournment (Poverty in Scotland),-Resolved, That the sitting be now adjourned.-(Mr David Clelland.)

    And accordingly the sitting was adjourned till Tuesday 27th March.

[Adjourned at 5.57 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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