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House of Commons
Session 2001- 02
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House of Commons Votes and Proceedings
Monday 26th November 2001

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

PRAYERS.

1    First Standing Committee on Delegated Legislation,-Frank Cook reported from the First Standing Committee on Delegated Legislation the draft Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (No. 2) Order 2001.

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

2    Second Standing Committee on Delegated Legislation,-Mr James Cran reported from the Second Standing Committee on Delegated Legislation the draft Double Taxation Relief (Taxes on Income) (Lithuania) Order 2001 and the draft Double Taxation Relief (Taxes on Income) (The Hashemite Kingdom of Jordan) Order 2001.

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

3    Third Standing Committee on Delegated Legislation,-Mr David Chidgey reported from the Third Standing Committee on Delegated Legislation the draft Community Legal Service (Cost Protection) (Amendment No. 2) Regulations 2001.

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

4    Fourth Standing Committee on Delegated Legislation,-Mr Bill O'Brien reported from the Fourth Standing Committee on Delegated Legislation the draft Nursing and Midwifery Order 2001 and the Draft Health Professions Order 2001.

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

5    Anti-terrorism, Crime and Security Bill [2nd allotted day],-The House, according to Order, again resolved itself into a Committee on the Anti-terrorism, Crime and Security Bill.

(In the Committee)

    Clauses Nos. 36 and 37 agreed to.

    Clause No. 38 (Religious hatred offences).

    Amendment (No. 153) proposed, in page 19, line 15, to leave out the words 'RACIAL OR RELIGIOUS HATRED', and to insert the words 'HATRED OFFENCES'.-(Simon Hughes.)

    Question proposed, That the Amendment be made:-Amendment, by leave, withdrawn.

    Question put, That the Clause stand part of the Bill.

    The Committee divided.

      Tellers for the Ayes, Mr John Heppell, Mr Ian Pearson: 328.

      Tellers for the Noes, Mr John Randall, Sir Robert Smith: 209.

    And it being after half-past Six o'clock, the Chairman, pursuant to Order [21st November], put the Questions necessary to dispose of the business to be concluded at that hour.

    Clauses Nos. 39 to 42 agreed to.

    Clauses Nos. 43 and 44 agreed to.

    Clause No. 45 (Customs and Excise prosecutions for biological weapons offences).

    Amendments (Nos. 23 and 24) made.

    Clause, as amended, agreed to.

    Clause No. 46 (Customs and Excise prosecutions for chemical weapons offences).

    Amendments (Nos. 25 and 26) made.

    Clause, as amended, agreed to.

    Clause No. 47 (Use etc. of nuclear weapons).

    Amendment (No. 27) made.

    Clause, as amended, agreed to.

    Clauses Nos. 48 to 52 agreed to.

    Clause No. 53 (Customs and Excise prosecutions).

    Amendments (Nos. 28 and 29) made.

    Clause, as amended, agreed to.

    Clauses Nos. 54 to 57 agreed to.

    Clause No. 58 (Pathogens and toxins in relation to which requirements under Part 7 apply).

    Amendments (Nos. 30 and 31) made.

    Clause, as amended, agreed to.

    Schedule No. 5 (Pathogens and toxins).

    Amendments (Nos. 43 to 45 made).

    Schedule, as amended, agreed to.

    Clause No. 59 (Duty to notify Secretary of State before keeping or using any dangerous substance).

    Amendment (No. 139) proposed, in page 29, line 17, to leave out the words 'one month', and to insert the words 'fourteen days'.-(Norman Baker.)

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

    Clause agreed to.

    Clause No. 60 (Power to require information about security of dangerous substances).

    Amendments (Nos. 138 and 32) made.

    Clause, as amended, agreed to.

    Clauses Nos. 61 to 70 agreed to.

    Schedule No. 6 agreed to.

    Clause No. 71 (Other appeals).

    Amendment (No. 33) made.

    Clause, as amended, agreed to.

    Clause No. 72 agreed to.

    Clause No. 73 (Orders and regulations).

    Amendment (No. 34) made.

    Clause, as amended, agreed to.

    Clause No. 74 (Interpretation).

    Amendment (No. 35) made.

    Clause, as amended, agreed to.

    Clause No. 75 (Power to extend Part 7 to animal or plant pathogens, pests or toxic chemicals).

    Amendments (Nos. 36 and 37) made.

    Clause, as amended, agreed to.

    Clause No. 76 agreed to.

    Clause No. 77 (Regulation of security of civil nuclear industry).

    Amendment (No. 51) proposed, in page 38, line 41, after the word 'commission', to insert the words 'the Scottish Executive and National Assembly for Wales'.-(Mr Elfyn Llwyd.)

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

    Clause agreed to.

    Clause No. 78 agreed to.

    Clause No. 79 (Prohibition of disclosures in relation to nuclear security).

    It being Eight o'clock, the Chairman put the Question necessary to dispose of the business to be concluded at that hour.

    Question put, That Clauses Nos. 79 to 87 stand part of the Bill.

    The Committee divided.

      Tellers for the Ayes, Mr Phil Woolas, Mr Nick Ainger: 334.

      Tellers for the Noes, Sir Robert Smith, John Thurso: 55.

    Clause No. 88 agreed to.

    Clause No. 89 (Searches, examinations and fingerprinting: England and Wales).

    Amendment (No. 143) proposed, in page 47, line 17, after the word 'station', to insert the words 'in connection with a terrorist investigation'.-(Mr James Paice.)

    Question put, That the Amendment be made.

    The Committee divided.

      Tellers for the Ayes, Mr Julian Brazier, Mr Andrew Stunell:199.

      Tellers for the Noes, Mr Nick Ainger, Mr Fraser Kemp: 330.

    Clause agreed to.

    Clauses Nos. 90 to 92 agreed to.

    Clause No. 93 (Powers to require removal of disguises: Great Britain).

    Amendment (No. 124) proposed, in page 53, to leave out lines 31 to 33, and to insert the words-

    '(a) incidents involving serious violence may take place in any locality in his area, and'.-(Andrew Bennett.)

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

    Amendments (Nos. 63 and 64) made.

    Clause, as amended, agreed to.

    Clause No. 94 (Powers to require removal of disguises: Northern Ireland).

    Amendment (No. 65) made.

    Clause, as amended, agreed to.

    Clauses Nos. 95 and 96 agreed to.

    Clause No. 97 (Jurisdiction of MoD police).

    Amendment (No. 57) proposed, in page 59, line 18, after the word 'offence', to insert the words 'involving the use or threat of violence against any person'.-(Mr Chris Mullin.)

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

    Another Amendment (No. 166) proposed, in page 59, line 18, after the word 'offence', to insert the words 'which he might reasonably assume to be terrorism'.-(Mr James Paice.)

    Question put, That the Amendment be made.

    The Committee divided.

      Tellers for the Ayes, Sir Robert Smith, Mr John Randall: 206.

      Tellers for the Noes, Jim Fitzpatrick, Angela Smith: 338.

    And it being after Eleven o'clock, the Chairman put the Questions necessary to dispose of the business to be concluded at that hour.

    Clauses Nos. 97 to 100 agreed to.

    Schedule No. 7 (Transport police and MoD police: further provisions).

    Amendments (Nos. 76 to 82 and 128) made.

    Schedule, as amended, agreed to.

    Question put, That Clauses Nos. 101 to 105, 120 and 121 stand part of the Bill, Schedule No. 8 be the eighth Schedule to the Bill, and Clause 122 stand part of the Bill.

    The Committee divided.

      Tellers for the Ayes, Angela Smith, Jim Fitzpatrick: 340.

      Tellers for the Noes, Sir Robert Smith, Annette Brooke: 65.

    Clause No. 124 (Extent).

    Amendment (No. 67) made.

    Clause, as amended, and Clause No. 125 agreed to.

    A Clause (Review of sections 21 to 23)-(Mr Secretary Blunkett)-brought up and added.

    Bill, as amended, to be reported.

______________

    The Deputy Speaker resumed the Chair; and Mr Ian Pearson reported, That the Committee had gone through the Bill, and directed him to report the same, with Amendments.

    The House, according to Order [19th November], proceeded to consider the Bill, as amended in the Committee.

    Amendment (No. 1) proposed to the Bill, in page 7, line 10, to leave out the word 'criminal', and to insert the word 'terrorism', instead thereof.-(Mr Dominic Grieve.)

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

    The House divided.

      Tellers for the Ayes, Mr John Randall, Sir Robert Smith: 213.

      Tellers for the Noes, Mr Ivor Caplin, Mr Tony McNulty: 330.

    So the Question was negatived.

    Amendment (No. 2) proposed to the Bill, in page 15, line 31, at the end, to insert the words-

    '( ) Sections 21 to 23 shall by virtue of this subsection cease to have effect at the end of 10th November 2006.'.-(Mr Secretary Blunkett.)

    Question, That the Amendment be made, put and agreed to.

    Another Amendment (No. 3) proposed to the Bill, in page 78, line 6, to leave out the words 'under this section'.-(Mr Secretary Blunkett.)

    Question, That the Amendment be made, put and agreed to.

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

Tuesday 27th November 2001

    And it being midnight, the Deputy Speaker, pursuant to Order [19th November], put the Question already proposed from the Chair.

    And the Question being put, That the Bill be now read the third time;

    The House divided.

      Tellers for the Ayes, Mr Ivor Caplin, Mr Tony McNulty: 323.

      Tellers for the Noes, Mr Douglas Hogg, Sir Robert Smith: 79.

    So the Question was agreed to.

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

6    Message from the Lords,-A Message was brought from the Lords, as follows:

    Human Reproductive Cloning Bill [Lords],-The Lords have passed a Bill to prohibit the placing in a woman of a human embryo which has been created otherwise than by fertilisation; to which the Lords desire the concurrence of this House.

7    Human Reproductive Cloning Bill [Lords],-The Human Reproductive Cloning Bill [Lords] was read the first time; and ordered to be read a second time this day and to be printed [Bill 57].

    Ordered, That the Explanatory Notes relating to the Human Reproductive Cloning Bill [Lords] be printed [Bill 57-EN].

8    Estimates,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 145 (Liaison Committee), That this House agrees with the Report [15th November] of the Liaison Committee-(Jim Fitzpatrick):-It was agreed to.

9    Business of the House,-Ordered, That, in respect of the Human Reproductive Cloning Bill [Lords], notices of Amendments, new Clauses and new Schedules to be moved in Committee may be accepted by the Clerks at the Table before the Bill has been read a second time.-(Jim Fitzpatrick.)

10    Adjournment,-Resolved, That this House do now adjourn.-(Jim Fitzpatrick.)

    And accordingly the House, having continued to sit till thirty-nine minutes past Twelve o'clock on Tuesday morning, adjourned till this day.

[Adjourned at 12.39 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    Clean Air,-Smoke Control Areas (Authorised Fuels) (England) Regulations 2001 (S.I., 2001, No. 3745), dated 22nd November 2001 [by Act] [Secretary Margaret Beckett].

2    Disability Discrimination,-Draft Code of Practice on Rights of Access: Goods, Facilities, Services and Premises [by Act] [Mr Secretary Darling].

3    Financial Services and Markets,-Financial Services and Markets Act 2000 (Scope of Permission Notices) Order 2001 (S.I., 2001, No. 3771), dated 26th November 2001 [by Act] [Ruth Kelly].

Other Papers:

4    National Audit,-Report by the Comptroller and Auditor General on Managing the relationship to secure a successful partnership in PFI projects [by Act]; to be printed [No. 375] [Clerk of the House].

5    National Lottery,- (1) Report, and

    (2) Summary Financial Statement

    of the Arts Council of Wales for 2000-01 [by Act] [Mr Secretary Murphy].

    APPENDIX II

Standing Committees

1    National Health Service and Health Care Professionals Bill,-The Committee of Selection has discharged Sir George Young from Standing Committee A (nominated in respect of the Bill); and nominated in substitution Mr Peter Atkinson.

2    Draft Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (No. 2) Order 2001,-The Committee of Selection has discharged Mr Roger Godsiff from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Christine Russell.

3    Draft Double Taxation Relief (Taxes on Income) (Lithuania) Order 2001 and the draft Double Taxation Relief (Taxes on Income) (The Hashemite Kingdom of Jordan) Order 2001,-The Committee of Selection has discharged Mr Bill Tynan from the Second Standing Committee on Delegated Legislation (nominated in respect of the draft Orders); and nominated in substitution Andy King.

4    Draft Community Legal Service (Cost Protection) (Amendment No. 2) Regulations 2001,-The Committee of Selection has discharged Mr Hilton Dawson and Rachel Squire from the Third Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations); and nominated in substitution Mr Adrian Bailey and Tony Cunningham.

APPENDIX III

Reports from Select Committees

    1    Environment, Food and Rural Affairs,-Minutes of Evidence taken before the Radioactive Waste Policy Sub-Committee of the Environment, Food and Rural Affairs Committee [Radioactive Waste Policy]; to be printed [No. 407-i] [Mr David Curry].

    2    Human Rights,-(1) Third Report from the Joint Committee on Human Rights [Proceeds of Crime Bill]; to be printed, with the Minutes of Proceedings relating to the Report [No. 405]; and

    (2) Fourth Report from the Committee [Sex Discrimination (Election Candidates) Bill]; to be printed, with the Minutes of Proceedings relating to the Report [No. 406]

    [Jean Corston].

    3    Public Accounts,-Minutes of Evidence taken before the Committee of Public Accounts [Better Regulation: Making Good Use of Regulatory Impact Assessments]; to be printed [No. 408-i] [Mr Edward Leigh].



 
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