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Session 2001- 02
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House of Commons Votes and Proceedings
Monday 28th October 2002

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

PRAYERS.

1    Selection,-The Order of the day being read, for resuming the adjourned Debate on the Question proposed [16th October], That Mr John Hayes be discharged from the Committee of Selection and Mr Peter Luff be added to the Committee;

    Ordered, That the Debate be resumed to-morrow.

2    First Standing Committee on Delegated Legislation,-Mr Eric Illsley reported from the First Standing Committee on Delegated Legislation the draft Double Taxation Relief (Taxes on Income) (The United States of America) Order 2002 and the draft Double Taxation Relief (Taxes on Income) (Lithuania) Order 2002.

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

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

    The Lords have agreed to the Enterprise Bill, with Amendments; to which the Lords desire the concurrence of this House.

4    Enterprise Bill,-Lords Amendments to the Enterprise Bill to be considered to-morrow; and to be printed [Bill 197].

5    Opposition Day [20th allotted day],-It being an allotted day at the disposal of the Leader of the Opposition in pursuance of Standing Order No. 14 (Arrangement of public business), the House proceeded to consider Opposition business.

    Access to Facilities of the House,-A Motion was made, and the Question being proposed, That this House notes the serious breaches by Sinn Fein/IRA of their obligations under the Belfast Agreement and the ceasefire, which have been recognised by the Government in the decision to suspend the devolved institutions in Northern Ireland; believes that good faith has not been observed by Sinn Fein/IRA; and, unless Sinn Fein honourable Members commit themselves to a public statement that all terrorist organisations, including the IRA, should renounce violence, resolves to rescind the Resolution of 18th December 2001 granting facilities and other support to Sinn Fein honourable Members who have chosen not to take their seats-(Mr Quentin Davies);

    An Amendment was proposed to the Question, in line 2, to leave out from the word 'House' to the end of the Question and add the words 'recognises the fundamental need for the affairs of Northern Ireland to be settled on an exclusively peaceful, democratic and inclusive basis; and does not believe that expelling any party to the peace process from the parliamentary precincts is likely to encourage them to renounce violence and to pursue a political settlement within that process', instead thereof.-(Mr Secretary Murphy.)

    And the Question being put, That the original words stand part of the Question;

    The House divided.

      Tellers for the Ayes, Mr Desmond Swayne, Chris Grayling: 140.

      Tellers for the Noes, Charlotte Atkins, Derek Twigg: 336.

    So the Question was negatived.

    And the Question, That the proposed words be there added, being put forthwith, pursuant to Standing Order No. 31 (Questions on amendments):-It was agreed to.

    The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to.

    Resolved, That this House recognises the fundamental need for the affairs of Northern Ireland to be settled on an exclusively peaceful, democratic and inclusive basis; and does not believe that expelling any party to the peace process from the parliamentary precincts is likely to encourage them to renounce violence and to pursue a political settlement within that process.

    Implications of the Human Rights Act 1998,-A Motion was made, and the Question being proposed, That this House notes with concern the impact of the European Convention on Human Rights on the sentencing powers of the Home Secretary and in other respects; further notes that the Government has not so far made any defining statement about its intentions relating to the impact of the European Convention on Human Rights; and calls upon the Government to work with all political parties which are represented in the House in order to construct a lasting settlement that can bring the Human Rights Act 1998 into conformity with the democratic will of the people and the concepts of liberty that have served this country so well for so long-(Mr Dominic Grieve);

    An Amendment was proposed to the Question, in line 2, to leave out from the word 'House' to the end of the Question and add the words 'notes that the Human Rights Act 1998 is fully in conformity with parliamentary sovereignty, which enables Parliament to reflect the democratic will of the people; and further notes that the Human Rights Act enshrines the concepts of liberty that have served this country so well for so long', instead thereof.-(Beverley Hughes.)

    And the Question being proposed, That the original words stand part of the Question;

    David Maclean rose in his place and claimed to move, That the Question be now put.

    And the Question being put, That the Question be now put:-It was agreed to.

    And the Question being accordingly put;

    The House divided.

      Tellers for the Ayes, Chris Grayling, Mr Desmond Swayne: 133.

      Tellers for the Noes, Dan Norris, Joan Ryan: 350.

    So the Question was negatived.

    And the Question, That the proposed words be there added, being put forthwith, pursuant to Standing Order No. 31 (Questions on amendments):-It was agreed to.

    The Speaker forthwith declared the Main Question, as amended, to be agreed to.

    Resolved, That this House notes that the Human Rights Act 1998 is fully in conformity with parliamentary sovereignty, which enables Parliament to reflect the democratic will of the people; and further notes that the Human Rights Act enshrines the concepts of liberty that have served this country so well for so long.

6    European Communities,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft European Communities (Definition of Treaties) (Stabilisation and Association Agreement between the European Communities and their Member States, and the Former Yugoslav Republic of Macedonia) Order 2002, which was laid before this House on 17th July, be approved-(Jim Fitzpatrick):-It was agreed to.

7    Northern Ireland,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Northern Ireland Act 1998 (Modification of Enactments) Order 2002, which was laid before this House on 18th July, be approved-(Jim Fitzpatrick):-It was agreed to.

8    Countryside,-Ordered, That the Local Access Forums (England) Regulations 2002 (S.I., 2002, No. 1836) dated 15th July 2002, be referred to a Standing Committee on Delegated Legislation.-(Jim Fitzpatrick.)

9    Utilities,-Ordered, That Standing Order No. 118 (Standing Committees on Delegated Legislation) shall apply to the Social and Environmental Guidance to the Gas and Electricity Markets Authority, a draft of which was laid before this House on 20th June, as if it were a draft instrument to which that Order applies, and that the draft Guidance be referred to a Standing Committee on Delegated Legislation.-(Jim Fitzpatrick.)

10    Sittings in Westminster Hall,-Ordered, That, on Thursday 7th November, there shall be no sitting in Westminster Hall.-(Jim Fitzpatrick.)

11    Catering,-Ordered, That Mrs Jacqui Lait be discharged from the Catering Committee and Mr Peter Atkinson be added to the Committee.-(Mr John McWilliam, on behalf of the Committee of Selection.)

12    Public Petitions,-Public Petitions from-

    (1) 'Consumers for Health Choice' and others against restrictions on the availability of natural health products [two Petitions], and

    (2) Mrs Susan Penney and others for legislation to prohibit the use of mobile telephones by drivers

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

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

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

[Adjourned at 10.49 p.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    Contracting Out,-Draft Contracting Out (Functions in Relation to Applications for Patents) Order 2002 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].

2    Northern Ireland,-Draft Employment (Northern Ireland) Order 2002 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy].

3    Prevention and Suppression of Terrorism,-Draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2002 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Blunkett].

Papers subject to Negative Resolution:

4    Electricity,-Electricity Safety, Quality and Continuity Regulations 2002 (S.I., 2002, No. 2665), dated 24th October 2002 [by Act] [Ms Secretary Hewitt].

5    Telecommunications,-(1) Public Telecommunications Systems Designation (Econet Satellite Services Limited) Order 2002 (S.I., 2002, No. 2657), and

    (2) Public Telecommunications Systems Designation (Gamma Telecommunications Limited) Order 2002 (S.I., 2002, No. 2658),

    dated 21st October 2002 [by Act] [Ms Secretary Hewitt].

Other Papers:

6    Defence, Foreign Affairs, International Development and Trade and Industry,-Government Response to the Fifth Report from the Defence Committee, the Eighth Report from the Foreign Affairs Committee, the Fourth Report from the International Development Committee and the Fourth Report from the Trade and Industry Committee, Session 2001-02, on Strategic Export Controls: Annual Report for 2000, Licensing Policy and Prior Parliamentary Scrutiny [by Command] [Cm. 5629] [Mr Secretary Straw].

7    Honours, Decorations and Medals,-Paper, entitled The Royal Ulster Constabulary Service Medal [by Command] [Cm. 5591] [Mr Secretary Murphy].

8    National Audit,-Report by the Comptroller and Auditor General on Ministry of Defence: Building an Air Manoeuvre Capability: The Introduction of the Apache Helicopter [by Act]; to be printed [No. 1246] [Clerk of the House].

9    National Lottery,-Accounts of-

    (1) the Arts Council of England Lottery Distribution, and

    (2) the Arts Council of Northern Ireland Lottery Distribution

    for 2001-02, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 1265 and 1193] [Clerk of the House].

10    Science and Technology,-Accounts of the Natural Environment Research Council for 2001-02, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1264] [Clerk of the House].

11    Telecommunications,-Licences granted under section 7 of the Telecommunications Act 1984 by the Secretary of State for Trade and Industry to-

    (1) Econet Satellite Services Limited, and

    (2) Gamma Telecommunications Limited

    [by Act] [Ms Secretary Hewitt].

12    Utilities,-Accounts of the Gas and Electricity Consumer Council (Energywatch) for the seventeen months to 31st March 2002, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1266] [Clerk of the House].

13    Wildlife and Countryside,-Report and Accounts of the Countryside Agency for 2001-02, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1263] [Clerk of the House].

APPENDIX II

Standing Committees

1    Draft Double Taxation Relief (Taxes on Income) (The United States of America) Order 2002 and the draft Double Taxation Relief (Taxes on Income) (Lithuania) Order 2002,-The Committee of Selection has discharged Rachel Squire from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Orders); and nominated in substitution Andy Burnham.

2    Northern Ireland Act 2000 (Modification) Order 2002 (S.I., 2002, No. 2587) and the Northern Ireland Act 2000 (Suspension of Devolved Government) Order 2002 (S.I., 2002, No. 2574),-The Committee of Selection has discharged Mr Jim Murphy from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the Orders); and nominated in substitution Gillian Merron.

APPENDIX III

Reports from Select Committees

    1    Education and Skills,-Minutes of Evidence taken before the Education and Skills Committee [Qualifications and Curriculum Authority]; to be printed [No. 862-ii] [Mr Barry Sheerman].

    2    Foreign Affairs,-Minutes of Evidence taken before the Foreign Affairs Committee [Foreign Policy Aspects of the War against Terrorism]; to be printed [No. 1196-iii] [Donald Anderson].

    3    Human Rights,-Twenty-fourth Report from the Joint Committee on Human Rights [Adoption and Children Bill: as amended by the House of Lords]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 979] [Jean Corston].

    4    Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,-Minutes of Evidence taken before the Urban Affairs Sub-Committee of the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee [The Effectiveness of Government Regeneration Initiatives]; to be printed [No. 1207-i] [Andrew Bennett].

    5    Public Accounts,-(1) Minutes of Evidence taken before the Committee of Public Accounts [Office for National Statistics: Outsourcing the 2001 Census]; to be printed [No. 1267-i]; and

    (2) part of the Minutes of Proceedings of the Committee on 11th March; to be printed [No. 690-ii]

    [Mr Edward Leigh].



 
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