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House of Commons Votes and Proceedings
Wednesday 30th 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    Second Standing Committee on Delegated Legislation,-Mrs Marion Roe reported from the Second Standing Committee on Delegated Legislation the draft Data Protection (Processing of Sensitive Personal Data) (Elected Representatives) Order 2002.

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

3    Sixth Standing Committee on Delegated Legislation,-Miss Anne Begg reported from the Sixth Standing Committee on Delegated Legislation the draft Scottish Parliament (Elections etc.) Order 2002.

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

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

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

5    Adoption and Children Bill,-Lords Amendments to the Adoption and Children Bill to be considered to-morrow and to be printed [Bill 201].

6    Borough Freedom (Family Succession) Bill [Lords],-The Borough Freedom (Family Succession) Bill [Lords] was read the first time; and ordered to be read a second time on Thursday 7th November and to be printed [Bill 200].

7    Patient Choice,-Ordered, That leave be given to bring in a Bill to reinstate a patient's right to choose the hospital in which to receive treatment within the National Health Service: And that Mr Peter Lilley, Sir Patrick Cormack, Mr Frank Field, Alistair Burt, Mr Christopher Chope, Mr Michael Portillo, Mr Andrew Tyrie, Gregory Barker, Mr David Cameron, Mr George Osborne, Mr Mark Prisk and Mr Andrew Turner do prepare and bring it in.

8    Patient Choice Bill,-Mr Peter Lilley accordingly presented a Bill to reinstate a patient's right to choose the hospital in which to receive treatment within the National Health Service: And the same was read the first time; and ordered to be read a second time on Thursday 7th November and to be printed [Bill 199].

9    Prevention and Suppression of Terrorism,-Resolved, That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2002, which was laid before this House on 28th October, be approved.-(Mr Secretary Blunkett.)

10    Income Tax,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That an humble Address be presented to Her Majesty, praying that the Double Taxation Relief (Taxes on Income) (The United States of America) Order 2002 be made in the form of the draft laid before this House on 22nd July-(Joan Ryan):-It was agreed to.

    Address to be presented to Her Majesty by such Members of the House as are of Her Majesty's Most Honourable Privy Council or of Her Majesty's Household.

11    Income Tax,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That an humble Address be presented to Her Majesty, praying that the Double Taxation Relief (Taxes on Income) (Lithuania) Order 2002 be made in the form of the draft laid before this House on 23rd July-(Joan Ryan):-It was agreed to.

    Address to be presented to Her Majesty by such Members of the House as are of Her Majesty's Most Honourable Privy Council or of Her Majesty's Household.

12    Enterprise Bill (Programme) (No. 4),-A Motion was made, and the Question being put forthwith, pursuant to Order [28th June 2001], That the following provisions shall apply to the Enterprise Bill for the purpose of supplementing the Order of 10th April-

    Consideration of Lords Amendments

    1. Consideration of Lords Amendments to the Bill shall be completed at this day's sitting and shall (so far as not previously concluded) be brought to a conclusion-

      (a) four hours after their commencement, or

      (b) at Ten o'clock,

    whichever is later.

    Subsequent stages

    2. The proceedings on any further message from the Lords on the Bill shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement-(Joan Ryan):-It was agreed to.

13    Enterprise Bill,-The House, according to Order, proceeded to consider the Lords Amendments to the Enterprise Bill.

    Lords Amendment No. 1.

    A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment;

    The House divided.

      Tellers for the Ayes, Charlotte Atkins, Jim Fitzpatrick: 325.

      Tellers for the Noes, Mr Mark Hoban, Mr Mark Francois: 181.

    So the Question was agreed to.

    The Lords Amendment was accordingly disagreed to.

    Lords Amendment No. 2.

    An Amendment ((a)) was made to the Lords Amendment.

    The Lords Amendment, as amended, was agreed to.

    Lords Amendments Nos. 3 to 6 were agreed to.

    Lords Amendment No. 7 was disagreed to.

    An Amendment ((a)) was made to the Bill in lieu of Lords Amendment No. 7 disagreed to.

    Lords Amendments Nos. 8 to 19 were agreed to.

    Lords Amendment No. 20.

    An Amendment was made to the Lords Amendment, in line 1, by leaving out the words '100 million' and inserting the words '70 million', instead thereof.

    The Lords Amendment, as amended, was agreed to.

    Lords Amendments Nos. 21 to 52 were agreed to.

    Lords Amendment No. 53.

    An Amendment ((a)) was proposed to the Lords Amendment, in line 23, after the word 'consideration', to insert the words ', or a matter relating to the legitimate interests of the balanced distribution of industry and employment,'.-(Mr Harry Barnes.)

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

    The House divided.

      Tellers for the Ayes, Tom Brake, Mr Kelvin Hopkins: 48.

      Tellers for the Noes, Mr Fraser Kemp, Mr John Heppell: 283.

    So the Question was negatived.

    The Lords Amendment was agreed to.

    Lords Amendments Nos. 54 to 175 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 54 and 77.

    Lords Amendment Nos. 176 to 186 were disagreed to.

    Lords Amendments Nos. 187 to 208 were agreed to.

    Lords Amendment No. 209 was disagreed to.

    An Amendment ((a)) was made to the Bill lieu of Lords Amendment No. 209 disagreed to.

    Lords Amendments Nos. 210 to 326 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 279, 281, 282, 286, 294, 296, 297, 299 to 301, 305, 306 and 308.

    Ordered, That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their Amendments Nos. 1 and 176 to 186.

    That Mrs Anne Campbell, Mr Mark Hoban, Miss Melanie Johnson, Mr Jim Murphy and Mr Andrew Robathan be members of the Committee.

    That Miss Melanie Johnson be the Chairman of the Committee.

    That three be the Quorum of the Committee.

    That the Committee do withdraw immediately.-(Mr Phil Woolas.)

14    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 Northern Ireland Act 2000 (Suspension of Devolved Government) Order 2002 (S.I., 2002, No. 2574), dated 14th October 2002, a copy of which was laid before this House on 15th October, be approved-(Mr Phil Woolas):-It was agreed to.

15    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 Northern Ireland Act 2000 (Modification) Order 2002 (S.I., 2002, No. 2587), dated 14th October 2002, a copy of which was laid before this House on 15th October, be approved-(Mr Phil Woolas):-It was agreed to.

16    Public Petitions,-Public Petitions from-

    (1) 'Consumers for Health Choice' and others against restrictions on the availability of natural health products; and

    (2) residents of Tewkesbury and others for doorstep recycling schemes in all local authority areas

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

17    Public Petitions,-A Public Petition from 'Consumers for Health Choice' and others against restrictions on the availability of natural health products was read; and ordered to lie upon the Table and to be printed.

18    Enterprise Bill,-Miss Melanie Johnson reported from the Committee appointed to draw up Reasons to be assigned to the Lords for disagreeing to certain of their Amendments to the Enterprise Bill, That it had drawn up the following Reason, which it had directed her to report to the House:

    The Commons disagree to Amendments Nos. 1 and 176 to 186 made by the Lords, for the following Reason:

    Because it is inappropriate to make express provision about the chief executive of the Office of Fair Trading.

    The Reason was agreed to.

    Message to the Lords to communicate the said Reason, with the Bill and Amendments.

19    Adjournment,-A Motion was made, and the Question being proposed, That this House do now adjourn-(Jim Fitzpatrick);

    And the Motion having been made after Ten o'clock, and the Debate having continued for half an hour, the Deputy Speaker adjourned the House, without Question put, pursuant to the Standing Order, it being then twenty-five minutes to Eleven o'clock, till to-morrow.

[Adjourned at 10.35 p.m.

Michael J. Martin
Speaker


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


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1    Income Tax,-(1) Draft Double Taxation Relief (Taxes on Income) (South Africa) Order 2002, and

    (2) draft Double Taxation Relief (Taxes on Income) (Taiwan) Order 2002,

    [by Act], with an Explanatory Memorandum [by Command] [Dawn Primarolo].

Papers subject to Negative Resolution:

2    Road Traffic,-Road Traffic (Permitted Parking Area and Special Parking Area) (County of Dorset) (Borough of Weymouth and Portland) Order 2002 (S.I., 2002, No. 2705), dated 28th October 2002 [by Act] [Mr Secretary Darling].

Other Papers:

3    Defence Executive Agencies,-Report and Accounts of the Defence Transport and Movements Agency for 2001-02 with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1214] [Mr Secretary Hoon].

4    Judicial Appointments,-Report by the Lord Chancellor on Judicial Appointments for 2001-02 [by Command] [Cm. 5606] [Ms Rosie Winterton].

5    National Lottery,-(1) Review of the Arts Council of England for 2002, incorporating Reports and Accounts of the Grant in Aid and of the Lottery Distribution for 2001-02, with the Reports of the Comptroller and Auditor General thereon, and

    (2) Report of the National Endowment for Science, Technology and the Arts for 2002

    [by Act] [Secretary Tessa Jowell].

6    Prosecution of Offences,-Resource Accounts of the Crown Prosecution Service for 2001-02, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1239] [Ruth Kelly].

7    Public Accounts,-(1) Response of the House of Commons Commission to the Sixty-third Report from the Committee of Public Accounts, Session 2001-02 (House of Commons Paper No. 861) and to the Report of the Comptroller and Auditor General (House of Commons Paper No. 750), on the Construction of Portcullis House: The New Parliamentary Building; to be printed [No. 1261] [The Speaker]; and

    (2) Treasury Minutes on the Fiftieth to the Fifty-second, the Fifty-fourth, the Fifty-sixth to the Fifty-seventh and the Fifty-ninth Reports from the Committee of Public Accounts, Session 2001-02 [by Command] [Cm. 5636] [Ruth Kelly].

8    Resource Accounts, 2001-02,-Resource Accounts for 2001-02 of-

    (1) the Armed Forces Pension Scheme, and

    (2) the Crown Prosecution Service

    with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 1198 and 1239] [Ruth Kelly].

9    Transport, Local Government and Regional Affairs,-Government Response to the Eleventh Report from the Transport, Local Government and Regional Affairs Committee, Session 2001-02, on Air Transport Industry [by Command] [Cm. 5623] [Mr Secretary Darling].

10    Treaty Series (No. 44, 2002),-Agreement, done at Luxembourg on 21st June 1999, between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons [by Command] [Cm. 5639] [Mr Secretary Straw].

APPENDIX II

Standing Committees

1    Local Access Forums (England) Regulations 2002 (S.I., 2002, No. 1836):

    (1) The Speaker has allocated the Regulations to the First Standing Committee on Delegated Legislation, and has appointed Mrs Irene Adams Chairman; and

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Nick Ainger, Mr David Borrow, Peter Bradley, Jeremy Corbyn, Valerie Davey, Angela Eagle, Paul Farrelly, Mr Mark Field, Andrew George, Mr James Gray, Chris Grayling, Miss Julie Kirkbride, Alun Michael, James Purnell, Mr Paul Stinchcombe and Mr Roger Williams.

2    Draft Maternity and Parental Leave (Amendment) Regulations 2002, the draft Paternity and Adoption Leave Regulations 2002 and the draft Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002:

    (1) The Speaker has allocated the draft Regulations to the Second Standing Committee on Delegated Legislation, and has appointed Mr Joe Benton Chairman; and

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Ms Candy Atherton, Mr Henry Bellingham, Mr Russell Brown, Dr Vincent Cable, Mr Colin Challen, Brian Cotter, Mr Jonathan Djanogly, Mr Mark Hoban, Kate Hoey, Alan Johnson, Mr Bob Laxton, Siobhain McDonagh, Mr Jim Murphy, Diana Organ, Dr Nick Palmer and Mr Mark Simmonds.

3    Draft Data Protection (Processing of Sensitive Personal Data) (Elected Representatives) Order 2002,-The Committee of Selection has discharged Ross Cranston from the Second Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Mr Tom Watson.

4    Trunk Road Charging Scheme (Bridges and Tunnels) (England) Procedure Regulations 2001 (S.I., 2001, No. 2303),-The Speaker has appointed Mr George Stevenson Chairman of the Third Standing Committee on Delegated Legislation in respect of the Regulations.

5    Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 (S.I., 2001, No. 2313) and Road User Charging (Charges and Penalty Charges) (London) Regulations 2001 (S.I., 2001, No. 2285),-The Speaker has appointed Mr Mike Hancock Chairman of the Fourth Standing Committee on Delegated Legislation in respect of the Regulations.

6    Draft Employment (Northern Ireland) Order 2002:

    (1) The Speaker has allocated the draft Order to the Fifth Standing Committee on Delegated Legislation, and has appointed Mr Peter Atkinson Chairman; and

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Tony Banks, Mrs Patsy Calton, Mr Jeffrey M. Donaldson, Paul Flynn, Patrick Hall, Jane Kennedy, Mr Peter Kilfoyle, Shona McIsaac, Alice Mahon, Gillian Merron, Dr Doug Naysmith, Mr John Smith, Mr Hugo Swire, Mr John Taylor, Mr Andrew Turner and Mr David Wilshire.

7    Draft Social and Environmental Guidance to the Gas and Electricity Markets Authority:

    (1) The Speaker has allocated the draft Guidance to the Sixth Standing Committee on Delegated Legislation, and has appointed Mr David Amess Chairman; and

    (2) the Committee of Selection has nominated twenty-one Members to serve on the Committee: Gregory Barker, Mr Henry Bellingham, Dr Vincent Cable, Jeff Ennis, Mr Mark Fisher, Mr Roger Godsiff, Mr Mark Hoban, Mr John Horam, Mr Kevin Hughes, Mr Michael Jack, Mr David Kidney, Chris Mole, Mr Jim Murphy, Albert Owen, Syd Rapson, Mr Marsha Singh, Ian Stewart, Dr Gavin Strang, Mr Andrew Stunell, Mr Simon Thomas and Mr Brian Wilson.

8    Draft Scottish Parliament (Elections etc.) Order 2002,-The Committee of Selection has discharged Mr Ernie Ross and Mr Mohammad Sarwar from the Sixth Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Mr Tom Harris and Mr Mark Lazarowicz.

European Standing Committees

9    European Union document No. 12839/02 and Addenda 1-13, relating to European Commission strategy paper on enlargement and reports on progress by applicant countries, has been referred to European Standing Committee B.

APPENDIX III

Reports from Select Committees

    1    Education and Skills,-Minutes of Evidence taken before the Education and Skills Committee [Work of OFSTED]; to be printed [No. 1286-i] [Mr Barry Sheerman].

    2    Environment, Food and Rural Affairs,-Minutes of Evidence taken before the Environment, Food and Rural Affairs Committee [The Water Framework Directive]; to be printed [No. 1237-ii] [Mr David Curry].

    3    European Scrutiny,-Fortieth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 152-xl] [Mr Michael Connarty].

    4    Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,-Minutes of Evidence taken before the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee [Affordable Housing]; to be printed [No. 1206-iii] [Andrew Bennett].

    5    Science and Technology,-Minutes of Evidence taken before the Science and Technology Committee [Towards a Non-Carbon Fuel Economy: Research, Development and Demonstration]; to be printed [No. 1240-ii] [Dr Ian Gibson].

    6    Scottish Affairs,-(1) Second Special Report from the Scottish Affairs Committee [Government Response to the Fourth Report from the Committee, on Customs Services in Scotland]; to be printed [No. 1287]; and

    (2) Minutes of Evidence taken before the Committee [The Work of the Scottish Consumer Council]; to be printed [No. 1199-i]

    [Mrs Irene Adams].

    7    Transport,-(1) Second Special Report from the Transport Committee [Government Response to the Fifth Report from the Transport, Local Government and the Regions Committee, on The European Transport White Paper]; to be printed [No. 1285]; and

    (2) Minutes of Evidence taken before the Committee [Urban Charging Schemes]; to be printed [No. 1258-ii]

    [Mrs Gwyneth Dunwoody].

    8    Treasury,-Minutes of Evidence taken before the Sub-Committee of the Treasury Committee [Office for National Statistics Annual Report and Accounts, 2001-02, and Related Matters]; to be printed [No. 1289-i] [Mr John McFall].

    9    Work and Pensions,-Minutes of Evidence taken before the Work and Pensions Committee [Departmental Report]; to be printed [No. 1254-i] [Mr Archy Kirkwood].

[W.H., No. 116]

Minutes of Proceedings of the Sitting in Westminster Hall

[pursuant to the Order of 20th November 2000]

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

    Adjournment,-A Motion was made, and the Question being proposed, That the sitting be now adjourned-(Mr John Heppell);

    And it being Two o'clock, the sitting was adjourned without Question put, till to-morrow.

[Adjourned at 2 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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