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Session 2001- 02
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House of Commons Votes and Proceedings
Monday 17th June 2002

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

PRAYERS.

1    First Standing Committee on Delegated Legislation,-Mr Eric Illsley reported from the First Standing Committee on Delegated Legislation the draft European Union Extradition (Amendment) Regulations 2002.

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

2    Second Standing Committee on Delegated Legislation,-Mr Edward O'Hara reported from the Second Standing Committee on Delegated Legislation the Local Government Finance (England) Special Grant Report (No. 100) (House of Commons Paper No. 869), on 2001-02 Special Grant Report for Rate Relief in Respect of Hardship caused by Foot and Mouth Disease.

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

3    Fourth Standing Committee on Delegated Legislation,-Mr Alan Hurst reported from the Fourth Standing Committee on Delegated Legislation the draft International Maritime Organisation (Immunities and Privileges) Order 2002.

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

4    Ninth Standing Committee on Delegated Legislation,-Mr Joe Benton reported from the Ninth Standing Committee on Delegated Legislation the draft Criminal Justice Act 1988 (Offensive Weapons) Order 2002.

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

5    European Standing Committee B,-Mr Peter Atkinson reported from European Standing Committee B the following Resolution:

    That the Committee takes note of European Union Document No. 8351/02, draft Council Directive laying down minimum standards for the reception of applicants for asylum in Member States; supports the Government's efforts to secure agreement on a Council Directive for reception conditions for asylum applicants which will promote a balance in the provision of reception arrangements throughout the Union; and notes the Government's commitment to secure agreement to the asylum measures within the time period envisaged by the Treaty of Amsterdam.

    Report, together with Resolution, to lie upon the Table.

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

    Sex Discrimination (Amendment) (No. 2) Bill [Lords],-The Lords have passed a Bill to amend the Sex Discrimination Act 1975; to make provision with respect to discrimination concerning the provision of goods, facilities, services and access to governance by private member clubs; and to continue to permit wholly single-sex clubs and sporting events; to which the Lords desire the concurrence of this House.

7    Sex Discrimination (Amendment) (No. 2) Bill [Lords],-The Sex Discrimination (Amendment (No. 2) Bill [Lords] was read the first time; and ordered to be read a second time on Friday and to be printed [Bill 148].

8    Enterprise Bill [2nd allotted day],-The House, according to Order, proceeded further to consider the Enterprise Bill, as amended in the Standing Committee.

    Another Amendment (No. 380) made to the Bill.

    Another Amendment (No. 196) proposed to the Bill, in page 147, line 26, at the end, to insert the words-

      '(2A) An act or omission or course of conduct falls within this subsection if it amounts to the abuse by the person in question ("the supplier") of his superior knowledge or bargaining strength so that he:

      (a) unfairly induces consumers to enter into transactions which are not the result of free and informed decisions; or

      (b) unfairly hinders consumers from enforcing rights under any consumer transaction.

      (2B) In considering whether an act, omission or course of conduct amounts to an abuse under subsection (2A), the court shall take into account all the circumstances, including the nature of the goods or services in question, the nature and extent of any commitments undertaken by the consumers in question and any lack of good faith on the part of the supplier, and the court may have regard to:

      (a) any representation made by the supplier, or failure to disclose information, which unreasonably prevents consumers from making adequate price or value comparisons between competing suppliers;

      (b) any exploitation by the supplier of consumers' inability to make free and informed decisions, or to enforce rights under contracts, because of physical or mental infirmity, inability to understand the language of the transaction or other vulnerability;

      (c) any failure by the supplier to comply with a consumer code of practice (as defined in section 8(4) of this Act) which he claims to follow;

      (d) any act or omission by the supplier which causes any unreasonable expense of time or money by consumers pursuing legitimate complaints or rights under contracts entered into with the supplier; and

      (e) any failure to keep consumers reasonably informed about matters relating to a contract for supply of services, or which might affect a decision whether or not to change suppliers.'.-(Mr Nigel Waterson.)

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Mr Charles Hendry, Mr Desmond Swayne: 148.

      Tellers for the Noes, Mr Ian Pearson, Derek Twigg: 258.

    Other Amendments (Nos. 375 to 379) made to the Bill.

    Another Clause (Bankrupt's home)-(Miss Melanie Johnson)-brought up, read the first and second time, and added to the Bill.

    Another Clause (Fees: further provision)-(Mr Nigel Waterson)-brought up, and read the first time.

    Question proposed, That the Clause be read a second time:-Clause, by leave, withdrawn.

    Another Amendment (No. 79) proposed to the Bill, in page 243, line 13, after the word 'company', to insert the words 'and the whole or part of its business'.-(Mr Nigel Waterson.)

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

    Other Amendments (Nos. 99 to 101, 324 to 326, 102 to 104, 327, 105 to 121, 123, 122, 124, 328, 125, 329, 126, 330, 331, 127, 332 to 345, 128, 346, 129, 347, 130 to 133, 348, 134, 349 to 353, 140, 354, 355, 321 and 322) made to the Bill.

    Another Amendment (No. 13) proposed to the Bill, in page 170, line 27, at the end, to insert the words-

    '72FA Sixth exception: Registered Social Landlords

      1. Section 72A does not prevent the appointment of an administrative receiver of a company which is a registered social landlord at the time of the appointment.

      2. Section 72A does not prevent the appointment of an administrative receiver of a company which, at the time of the creation of the relevant qualifying floating charge, was either:

      (a) a registered social landlord; or

      (b) a housing association registered as such in the register previously maintained pursuant to Part I of the Housing Associations Act 1985.

      3. In subsections (1) and (2) "registered social landlord" means a body registered as a social landlord pursuant to section 3 of the Housing Act 1985 or, as the case may be, section 57 of the Housing (Scotland) Act 2001.'.-(Mr Nigel Waterson.)

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

    Other Amendments (Nos. 356 to 370 and 98) made to the Bill.

    Another Amendment (No. 85) proposed to the Bill, in page 174, to leave out line 12 and insert the words-

      '(a) in the case of an individual whose bankruptcy arises from the closure of a business or trade established or operated by that individual, one year beginning with the date on which the bankruptcy commences; and

      (b) in cases not falling within subsection 1(a):

      (i) where a certificate for the summary administration of the bankrupt's estate has been issued and is not revoked before the bankrupt's discharge, two years beginning with the date on which the bankruptcy commences; and

      (ii) in any other case, three years beginning with the date on which the bankruptcy commences', instead thereof.-(Mr Nigel Waterson.)

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

    Another Amendment (No. 371) made to the Bill.

    Another Amendment (No. 76) proposed to the Bill, in page 177, line 32, to leave out Clause No. 259.-(Mr Nigel Waterson.)

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

    Other Amendments (Nos. 323, 374, 188, 382 to 386, 189, 190, 387 to 406, 301, 135, 136, 407, 408, 192, 409, 193, 302, 194, 137, 191, 303, 138, 139 and 381) made to the Bill.

    Another Amendment (No. 91) proposed to the Bill, in page 184, line 4, at the end, to insert the words-

      '(2)Parts 3, 4, 5, 6 and 7 of this Act shall not come into force before 1st March 2005'.-(Mr Nigel Waterson.)

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

    The Bill was read the third time, and passed.

9    Fees and Charges,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Consular Fees Act 1980 (Fees) Order 2002, which was laid before this House on 13th May, be approved-(Mr Jim Murphy):-It was agreed to.

10    Business of the House,-Ordered, That, at the sitting on Wednesday 19th June, the Speaker shall put the Questions necessary to dispose of proceedings on the Motion in the name of Mr Robin Cook relating to House of Lords Reform (Joint Committee) not later than three hours after the commencement of proceedings on the Motion; such Questions shall include the Questions on any Amendments selected by the Speaker which may then be moved; the Questions may be decided, though opposed, after the expiration of the time for opposed business and the Order of 28th June 2001 relating to deferred Divisions shall not apply to them.-(Mr Jim Murphy.)

11    Adjournment,-Resolved, That this House do now adjourn.-(Mr Jim Murphy.)

    And accordingly the House, having continued to sit till nineteen minutes to Ten o'clock, adjourned till to-morrow.

[Adjourned at 9.41 p.m.

Michael J. Martin
Speaker


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


APPENDIX I

Papers delivered to the Votes and Proceedings Office on Friday 14th June 2002 (Non-sitting Friday, S.O, No. 12) pursuant to Standing Order No. 158 (Presentation of command papers):

1    Competition Commission,-Report by the Competition Commission on the merger situation of Coloplast A/S and SSL International plc [Cm. 5522] [Ms Secretary Hewitt].

2    Financial Reporting to Parliament,-Departmental Reports 2002: The Government's Expenditure Plans for 2002-03 to 2003-04 for:

    (1) the Department of Trade and Industry [by Command] [Cm. 5416] [Ms Secretary Hewitt];

    (2) the Export Credits Guarantee Department [by Command] [Cm. 5418] [Ms Secretary Hewitt];

    (3) the Food Standards Agency [by Command] [Cm. 5404] [Mr Secretary Milburn];

    (4) National Savings and Investments [by Command] [Cm. 5433] [Mr Paul Boateng];

    (5) the Northern Ireland Office [by Command] [Cm. 5432] [Mr Secretary Reid].

3    Transport,-Department for Transport Minute, dated 14th June 2002, in respect of a contingent liability consequent upon interest rate hedge guarantees given to London and Continental Railways Limited [by Command] [Mr Secretary Darling].

Papers presented or laid upon the Table on Monday 17th June 2002

Papers subject to Affirmative Resolution:

4    Immigration,-Draft Immigration (Entry Otherwise than by Sea or Air) Order 2002 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Blunkett].

5    Local Government Finance,-Local Government Finance (England) Special Grant Report (No. 103) on Gypsy Sites Refurbishment Grant for 2002-03 [by Act]; to be printed [No. 948] [Mr Secretary Prescott].

6    Road Traffic,-Draft Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

7    Social Security,-Draft Social Security (Electronic Communications) (Child Benefit) Order 2002 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Smith].

Papers subject to Negative Resolution:

8    Coroners,-Lincolnshire (Coroners' Districts) Order 2002 (S.I., 2002, No. 1588), dated 13th June 2002 [by Act] [Mr Secretary Blunkett].

9    Merchant Shipping,-Merchant Shipping (Diving Safety) Regulations 2002 (S.I., 2002, No. 1587), dated 13th June 2002 [by Act] [Mr Secretary Darling].

10    Telegraphs,-Wireless Telegraphy (Exemption) (Amendment) Regulations 2002 (S.I., 2002, No. 1590), dated 17th June 2002 [by Act] [Ms Secretary Hewitt].

Other Papers:

11    Audit Commission,-Accounts of the Audit Commission for Local Authorities and the National Health Service in England and Wales for the year ended 31st October 2001, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 931] [Clerk of the House].

12    European Communities (No. 2, 2002),-Stabilisation and Association Agreement, done at Luxembourg on 29th October 2001, between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, with an Explanatory Memorandum [by Command] [Cm. 5544] [Mr Secretary Straw].

13    Financial Reporting to Parliament,-Departmental Reports 2002: The Government's Expenditure Plans for 2002-03 to 2003-04 for the Government Actuary's Department [by Command] [Cm. 5426] [John Healey].

14    Human Fertilisation and Embryology,-Report and Accounts of the Human Fertilisation Embryology Authority for 2000-01, with the Report of the Comptroller and Auditor General thereon [by Act] [Mr Secretary Milburn].

15    National Audit,-Report by the Comptroller and Auditor General on Ministry of Defence: Progress in Reducing Stocks [by Act]; to be printed [No. 898] [Clerk of the House].

16    School Standards and Framework,-Accounts of the-

    (1) Barnsley Education Action Zone, and

    (2) Wythenshawe Education Action Zone

for 2000-01, with the Reports of the Comptroller and Auditor General thereon [by Act];

to be printed [Nos. 945 and 946] [Clerk of the House].

APPENDIX II

Standing Committees

1    Electoral Commission (Limit on Public Awareness Expenditure) Order 2002 (S.I., 2002, No. 505),-The Speaker has appointed Frank Cook Chairman of the First Standing Committee on Delegated Legislation in respect of the Order.

2    Draft Army, Air Force and Naval Discipline Acts (Continuation) Order 2002,-The Committee of Selection has discharged Mr Gregory Barker from the Sixth Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Mr Adrian Flook.

3    Draft Criminal Justice Act 1988 (Offensive Weapons) Order 2002,-The Committee of Selection has discharged Mrs Louise Ellman and Mr Frank Field from the Ninth Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Bridget Prentice and Mr Anthony D. Wright.

4    Draft Regulation of Investigatory Powers (Maintenance of Interception Capability) Regulations 2002,-The Committee of Selection has discharged Mr John Horam and Mr Frank Dobson from the Tenth Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations); and nominated in substitution Chris Grayling and Mr Dave Watts.

Grand Committees

5    The Speaker has appointed Mr John McWilliam Chairman of the Northern Ireland Grand Committee in respect of its meeting on Thursday 27th June.

European Standing Committees

6    The Speaker has appointed Mr Alan Hurst Chairman of European Standing Committee B in respect of European Union Documents Nos. SN 1107/02, SN 1108/02, SN 1109/02, SN 1111/02, SN 1112/02, SN 1113/02, SN 1319/1/02, SN 1320/1/02, SN 1321/02, SN 1322/02, SN 1323/02, SN 1324/1/02, SN 1325/02, OJ C51/7, SN 1361/02, SN 1382/1/02 and SN 1383/1/02 relating to the Stability and Convergence Programmes of each Member State; and European Union Document No. 8389/02 relating to Broad Economic Policy Guidelines.

7    The Speaker has appointed Mr David Chidgey Chairman of European Standing Committee C in respect of European Union Documents Nos. 13361/01 and 14591/01 relating to the authorisation of human and veterinary medicines and European Union Document No. 6240/02 relating to the authorisation of traditional herbal medicinal products, in place of Mr Alan Hurst.

APPENDIX III

Reports from Select Committees

    1    Draft Communications Bill,-Minutes of Evidence taken before the Joint Committee on the draft Communications Bill; to be printed [No. 876-v] [Brian White].

    2    Environment, Food and Rural Affairs,-Minutes of Evidence taken before the Hazardous Waste Sub-Committee of the Environment, Food and Rural Affairs Committee [Hazardous Waste]; to be printed [No. 919-ii] [Mr Michael Jack].

    3    Human Rights,-(1) Seventeenth Report from the Joint Committee on Human Rights [Nationality, Immigration and Asylum Bill], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 961];

    (2) Eighteenth Report from the Committee [Scrutiny of Bills: Further Progress Report], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 962]; and

    (3) Minutes of Evidence taken before the Committee [The Case for a Human Rights Commission for the UK]; to be printed [No. 781-vi]

    [Jean Corston].

    4    Public Accounts,-(1) Fortieth Report from the Committee of Public Accounts [NHS Direct in England]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 610]; and

    (2) Minutes of Evidence taken before the Committee [Dealing with pollution from ships] [No. 960-i]

    [Mr Edward Leigh].

    5    Welsh Affairs,-Minutes of Evidence taken before the Welsh Affairs Committee [The Draft National Health Service (Wales) Bill]; to be printed [No. 959-i] [Mr Martyn Jones].



 
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