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House of Commons Votes and Proceedings
Tuesday 5th November 2002

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

PRAYERS.

1    Income Tax,-The Vice-Chamberlain of the Household reported to the House, That its Addresses of 30th October relating to Income Tax had been presented to Her Majesty; and that Her Majesty had been pleased to receive the same very graciously and to give the following Answer:

    I have received your Addresses praying that the Double Taxation Relief (Taxes on Income) (The United States of America) Order 2002 and the Double Taxation Relief (Taxes on Income) (Lithuania) Order 2002 be made in the form of the drafts laid before your House on 22nd and 23rd July respectively.

    I will comply with your request.

2    Private Bills [Lords] (Suspension),-Ordered, That so much of the Lords Message [31st October] as relates to the London Local Authorities Bill [Lords] be now considered.

    Lords Message considered accordingly.

    Resolved, That this House concurs with the Lords in their Resolution.

    Message to the Lords to acquaint them therewith.

3    Private Bills [Lords] (Suspension),-Ordered, That so much of the Lords Message [31st October] as relates to the London Local Authorities and Transport for London Bill [Lords] be now considered.

    Lords Message considered accordingly.

    Resolved, That this House concurs with the Lords in their Resolution.

    Message to the Lords to acquaint them therewith.

4    Third Standing Committee on Delegated Legislation,-Mr Peter Pike reported from the Third Standing Committee on Delegated Legislation the Trunk Road Charging Schemes (Bridges and Tunnels) (England) Procedure Regulations 2001 (S.I., 2001, No. 2303).

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

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

    The Lords have agreed, without Amendment, to the Amendments made by this House in lieu of certain of the Lords Amendments to the Adoption and Children Bill, and they agree, without Amendment, to the Amendments made by this House to the remaining Lords Amendments.

6    Sunday Working (Scotland),-Ordered, That leave be given to bring in a Bill to extend to Scotland the provisions of Part IV of the Employment Rights Act 1996: And that Mr Malcolm Savidge, Miss Anne Begg, Mr Roy Beggs, Mr John Bercow, Mr Russell Brown, Malcolm Bruce, Mr Frank Doran, Mr Calum MacDonald, Sandra Osborne, Mr David Stewart, Mr Michael Weir and Sir Nicholas Winterton do prepare and bring it in.

7    Sunday Working (Scotland) Bill,-Mr Malcolm Savidge accordingly presented a Bill to extend to Scotland the provisions of Part IV of the Employment Rights Act 1996: 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 205].

8    Nationality, Immigration and Asylum 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 Nationality, Immigration and Asylum Bill for the purposes of supplementing the Orders of 24th April, 9th May and 11th June 2002:

    Consideration of Lords Amendments

    1. Proceedings on Consideration of Lords Amendments shall be completed at today's sitting and shall (so far as not previously concluded) be brought to a conclusion six hours after their commencement or, if later, at ten o'clock.

    2. Those proceedings shall be taken in the order shown in the first column of the Table below and shall be brought to a conclusion (so far as not previously concluded) in accordance with the second column of that Table.

AmendmentsTime for conclusion
1 to 15 and 2371/2 hour after commencement
17 to 4421/2 hours after commencement
104 to 10931/4 hours after commencement
84, 86 and 9933/4 hours after commencement
127 to 191 and 21551/4 hours after commencement
16, 45 to 83, 85, 87 to 98, 100 to 103, 110 to 126, 192 to 214, 216 to 236 and 238 to 3116 hours after commencement or, if later, ten o'clock

    Subsequent stages

    3. Any further Message from the Lords may be considered forthwith without any Question put.

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

9    Nationality, Immigration and Asylum Bill,-The House, according to Order, proceeded to consider the Lords Amendments to the Nationality, Immigration and Asylum Bill.

    Lords Amendments Nos. 1 to 13 were agreed to.

    Lords Amendment No. 14.

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

    The Lords Amendment, so amended, was agreed to.

    Lords Amendments Nos. 15 and 237 were agreed to.

    Lords Amendment No. 17.

    A Motion was made, and the Question being proposed, That this House disagrees with the Lords in their Amendment-(Beverley Hughes);

    And it being two and a half hours after commencement of proceedings on the Lords Amendments, the Deputy Speaker put the Question, pursuant to Order [this day].

    The House divided.

      Tellers for the Ayes, Joan Ryan, Mr Gerry Sutcliffe: 304.

      Tellers for the Noes, Mrs Cheryl Gillan, Mr Mark Hoban: 183.

    So the Question was agreed to.

    The Lords Amendment was accordingly disagreed to.

    The Deputy Speaker then put the remaining Questions which he was required to put at that hour.

    Lords Amendment No. 28.

    Amendments ((a) and (b)) were made to the Lords Amendment.

    The Lords Amendment, so amended, was agreed to.

    Lords Amendments No. 19 was disagreed to.

    Lords Amendment No. 20.

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

    The House divided.

      Tellers for the Ayes, Joan Ryan, Mr Gerry Sutcliffe: 263.

      Tellers for the Noes, Sir Robert Smith, Jeremy Corbyn: 96.

    So the Question was agreed to.

    The Lords Amendment was accordingly disagreed to.

    Lords Amendments Nos. 25 and 26 were disagreed to.

    Amendments ((a) and (b)) were made to the Bill in lieu of Lords Amendments Nos. 19, 25 and 26 disagreed to.

    Lords Amendment No. 38 was disagreed to.

    Amendments ((a) to (e)) were made to the words so restored to the Bill.

    Lords Amendment No. 39 was disagreed to.

    An Amendment ((a)) was made to the words so restored to the Bill.

    Lords Amendments Nos. 41, 42 and 44 were disagreed to.

    Lords Amendments Nos. 18, 21 to 24, 27, 29 to 37, 40 and 43 were agreed to, the Commons being willing to waive their privilege in respect of Lords Amendments Nos. 24 36, 37 and 40.

    Lords Amendment No. 104.

    A Motion was made, and the Question being proposed, That this House disagrees with the Lords in their Amendment-(Mr Secretary Blunkett);

    And it being three and a quarter hours after commencement of proceedings on the Lords Amendments, the Deputy Speaker put the Question:-It was agreed to.

    The Lords Amendment was accordingly disagreed to.

    The Deputy Speaker proceeded to put the remaining Questions which he was required to put at that hour.

    Lords Amendments Nos. 105 and 106 were disagreed to.

    An Amendment ((a)) was proposed to the Bill in lieu of Lords Amendments Nos. 104 to 106 disagreed to, in page 34, line 13, at the end, to insert the words-

    '(3A) A person shall be presumed to have been convicted by a final judgement of a particularly serious crime and to constitute a danger to the community of the United Kingdom if-

      (a) he is convicted of an offence specified by order of the Secretary of State, or

      (b) he is convicted outside the United Kingdom of an offence and the Secretary of State certifies that in his opinion the offence is similar to an offence specified by order under paragraph (a).

    (3B) An order under subsection (3A)-

      (a) must be made by statutory instrument, and

      (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.-(Mr John Heppell.)

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

    The House divided.

      Tellers for the Ayes, Joan Ryan, Derek Twigg: 307.

      Tellers for the Noes, Sir Robert Smith, Annette Brooke: 51.

    So the Question was agreed to.

    Other Amendments ((b) to (e)) were made in lieu of Lords Amendments Nos. 104 to 106 disagreed to.

    Lords Amendment No. 109 was disagreed to.

    Amendments ((a) to (d)) were made to the words so restored to the Bill.

    Lords Amendments Nos. 107 and 108 were agreed to.

    Lords Amendment No. 84.

    An Amendment ((b)) was proposed to the Lords Amendment, in line 7, to leave out from the word 'is' to the word 'after' in line 8 and insert the words 'satisfied that there was undue delay in making the claim', instead thereof.-(Simon Hughes.)

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

    And it being three and three-quarter hours after commencement of proceedings on the Lords Amendments, the Deputy Speaker put the Question.

    The House divided.

      Tellers for the Ayes, Sir Robert Smith, Tom Brake: 57.

      Tellers for the Noes, Mr Gerry Sutcliffe, Joan Ryan: 297.

    So the Question was negatived.

    The Deputy Speaker then proceeded to put the remaining Questions which he was required to put at that hour.

    The Lords Amendment was agreed to, the Commons being willing to waive their privileges.

    Lords Amendment No. 99 was disagreed to.

    Lords Amendment No. 86.

    A Motion was made, and the Question being put, That this House agrees with the Lords in their Amendment No. 86;

    The House divided.

      Tellers for the Ayes, Gillian Merron, Mr Fraser Kemp: 291.

      Tellers for the Noes, Sir Robert Smith, Tom Brake: 55.

    So the Question was agreed to.

    The Lords Amendment was accordingly agreed to, the Commons being willing to waive their privileges.

    Lords Amendment No. 127.

    A Motion was made, and the Question being proposed, That this House agrees with the Lords in their Amendment-(Beverley Hughes);

    And it being five and a quarter hours after the commencement of proceedings on the Lords Amendments, the Deputy Speaker put the Question:-It was agreed to.

    The Lords Amendment was accordingly agreed to.

    The Deputy Speaker put the remaining Questions which she was required to put at that hour.

    Lords Amendments Nos. 128 to 153 were agreed to.

    Lords Amendment No. 154.

    A Motion was made, and the Question being put, That this House agrees with the Lords in their Amendment-(Mr John Heppell);

    The House divided.

      Tellers for the Ayes, Mr Fraser Kemp, Gillian Merron: 298.

      Tellers for the Noes, Sir Robert Smith, Tom Brake: 59.

    So the Question was agreed to.

    The Lords Amendment was agreed to.

    Lords Amendments Nos. 155 and 156 were agreed to.

    Lords Amendment No. 157.

    A Motion was made, and the Question being put, That this House agrees with the Lords in their Amendment-(Mr John Heppell);

    The House divided.

      Tellers for the Ayes, Mr Fraser Kemp, Gillian Merron: 294.

      Tellers for the Noes, Sir Robert Smith, Tom Brake: 62.

    So the Question was agreed to.

    The Lords Amendment was agreed to.

    Lords Amendments Nos. 158 to 191 and 215 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 179, 190, 214 and 215.

    Lords Amendment No. 16.

    A Motion was made, and the Question being proposed, that this House disagrees with the Lords in their Amendment-(Beverley Hughes);

    And it being Ten o'clock, the Speaker put the Question:-It was agreed to.

    The Lords Amendment was accordingly disagreed to.

    The Speaker then put the remaining Questions which he was required to put at that hour.

    Lords Amendment No. 225.

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

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

    The House divided.

      Tellers for the Ayes, Charlotte Atkins, Mr Jim Murphy: 301.

      Tellers for the Noes, Sir Robert Smith, Tom Brake: 62.

    So the Question was agreed to.

    The Lords Amendment, as amended, was accordingly agreed to.

    Lords Amendments Nos. 45, 88, 126, 192, 216 and 224 were disagreed to.

    A Motion was made, and the Question being put, That this House agrees with the Lords in their remaining Amendments-(Beverley Hughes);

    The House divided.

      Tellers for the Ayes, Mr Jim Murphy, Charlotte Atkins: 299.

      Tellers for the Noes, Sir Robert Smith, John Thurso: 57.

    So the Question was agreed to.

    Lords Amendments Nos. 46 to 83, 85, 87, 89 to 98, 100 to 103, 110 to 125, 193 to 214, 217 to 223, 226 to 236 and 238 to 311 were accordingly agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 48, 85, 102, 214 and 276.

    Ordered, That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their Amendments Nos. 16, 17, 20, 41, 42, 44, 45, 88, 99, 126, 192, 216 and 224;

    That Mr Barry Gardiner, Mr John Heppell, Beverley Hughes, Mr Humfrey Malins and Mr Desmond Swayne be members of the Committee;

    That Beverley Hughes be Chairman of the Committee;

    That Three be the Quorum of the Committee;

    That the Committee do withdraw immediately.-(Dan Norris.)

10    Business of the House,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 15 (Exempted business), That, at this day's sitting, consideration of Lords Amendments to the Enterprise Bill may be proceeded with, though opposed, until any hour-(Dan Norris):-It was agreed to.

11    Enterprise Bill,-The House, according to Order, proceeded to consider the Lords Reasons for insisting on Amendments to the Enterprise Bill to which the Commons have disagreed and for disagreeing to a Commons Amendment to a Lords Amendment.

    Lords Amendments Nos. 1 and 176 to 186.

    Resolved, That this House insists on its disagreement with the Lords in their Amendments.-(Miss Melanie Johnson.)

    Amendments ((a) and (b)) were made to the Bill in lieu of Lords Amendments Nos. 1 and 176 to 186 disagreed to.

    Lords Amendment No. 2.

    Resolved, That this House does not insist on its Amendment No. 2A to Lords Amendment No. 2, to which the Lords have disagreed.-(Miss Melanie Johnson.)

    An Amendment was made to the Lords Amendment, in lieu of Amendment No. 2A disagreed to, in line 2, by leaving out from the word 'OFT' to the end of line 3 and inserting the words 'shall have regard, in addition to any relevant general guidance as to the governance of public bodies, to such generally accepted principles of good corporate governance as it is reasonable to regard as applicable to the OFT', instead thereof.

12    Nationality, Immigration and Asylum Bill,-Beverley Hughes reported from the Committee appointed to draw up Reasons to be assigned to the Lords for disagreeing to certain of their Amendments to the Nationality, Immigration and Asylum Bill, That it had drawn up the following Reasons, which it had directed her to report to the House:

    The Commons disagree to Amendments Nos. 16, 45, 88, 126, 192, 216 and 224 made by the Lords for the following Reason:

      Because the power to make consequential and incidental provision should not be restricted in the manner proposed.

    The Commons disagree to Amendment No. 17 made by the Lords, for the following Reason:

      Because it is unnecessary to restrict the power to establish an accommodation centre in the terms proposed.

    The Commons disagree to Amendment No. 20 made by the Lords, for the following Reason:

      Because the power to provide accommodation in an accommodation centre should not be restricted in the manner proposed.

    The Commons disagree to Amendments Nos. 41 and 42 made by the Lords, for the following Reason:

      Because the Amendment is consequential on Amendment No. 25, to which the Commons have disagreed.

    The Commons disagree to Amendment No. 44 made by the Lords, for the following Reason:

      Because the Amendment is consequential on Amendments Nos. 25 and 26, to which the Commons have disagreed.

    The Commons disagree to Amendment No. 99 made by the Lords, for the following Reason:

      Because it would alter the financial arrangements made by the Commons, and the Commons do not offer any further Reason, trusting that this Reason may be deemed sufficient.

    The Reasons were agreed to.

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

13    Terms and Conditions of Employment,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Maternity and Parental Leave (Amendment) Regulations 2002, which were laid before this House on 24th October, be approved-(Mr Ivor Caplin):-It was agreed to.

14    Terms and Conditions of Employment,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Paternity and Adoption Leave Regulations 2002, which were laid before this House on 24th October, be approved-(Mr Ivor Caplin):-It was agreed to.

15    Terms and Conditions of Employment,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002, which were laid before this House on 24th October, be approved-(Mr Ivor Caplin):-It was agreed to.

16    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 Employment (Northern Ireland) Order 2002, which was laid before this House on 28th October, be approved-(Mr Ivor Caplin):-It was agreed to.

17    Public Petitions,-Public Petitions from-

    (1) residents of Gloucester and others for further controls on public firework displays and on the sale of fireworks;

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

    (3) residents of Lowestoft restricting the period during which fireworks can be sold for private use

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

18    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 Hayes and others for further controls on the use and sale of fireworks

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

19    Adjournment,-Resolved, That this House do now adjourn.-(Mr Ivor Caplin.)

    And accordingly the House, having continued to sit till twenty-one minutes to midnight, adjourned till to-morrow.

[Adjourned at 11.39 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].

Other Papers:

2    Agriculture,-Report and Accounts of the Meat and Livestock Commission for 2002 [by Act] [Secretary Margaret Beckett].

3    Fisheries,-(1) Seafish Annual Review for 2001-02, and

    (2) Report and Accounts of the Sea Fish Industry Authority for 2001-02

    [by Act] [Secretary Margaret Beckett].

4    Justices of the Peace,-Report of Her Majesty's Chief Inspector of the Magistrates' Courts Service for 2001-02 [by Act]; to be printed [No. 1205] [Yvette Cooper].

5    Transport, Local Government and the Regions,-Government Responses to the-

    (1) Tenth Report of the Transport, Local Government and the Regions Committee, Session 2001-02, on Ordnance Survey;

    (2) Thirteenth Report of the Transport, Local Government and the Regions Committee, Session 2001-02, on The Planning Green Paper;

    (3) Fifteenth Report of the Transport, Local Government and the Regions Committee, Session 2001-02, on the Draft Local Government Bill; and

    (4) Sixteenth Report of the Transport, Local Government and the Regions Committee, Session 2001-02, on Tall Buildings

    [by Command] [Cm. 5641, 5625, 5638 and 5649] [Mr Secretary Prescott].

Papers withdrawn:

6    Contracting Out,-Draft Contracting Out (Functions in Relation to Applications for Patents) Order 2002 [laid 28th October].

APPENDIX II

Standing Committees

1    Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 (S.I., 2001, No. 2313) and the Road User Charging (Charges and Penalty Charges) (London) Regulations 2001 (S.I., 2001, No. 2285),-The Committee of Selection has discharged Dave Watts from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the Regulations); and nominated in substitution Mr Brian White.

2    Draft Social and Environment Guidance to the Gas and Electricity Markets Authority,-The Committee of Selection has discharged Mr John Horam from the Sixth Standing Committee on Delegated Legislation (nominated in respect of the draft Guidance); and nominated in substitution Mr Adrian Flook.

APPENDIX III

Reports from Select Committees

    1    Culture, Media and Sport,-Minutes of Evidence taken before the Culture, Media and Sport Committee on 5th November [Tourism]; to be printed [No. 1291-i] [Mr Gerald Kaufman].

    2    Environment, Food and Rural Affairs,-Minutes of Evidence taken before the Mid-term Review of the CAP Sub-Committee of the Environment, Food and Rural Affairs Committee [Mid-term Review of the CAP]; to be printed [No. 1282-ii] [Mr David Curry].

    3    European Scrutiny,-Minutes of Evidence taken before the European Scrutiny Committee [European Scrutiny in the Commons]; to be printed [No. 1298] [Mr Jimmy Hood].

    4    Foreign Affairs,-(1) Eleventh Report from the Foreign Affairs Committee [Gibraltar], 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. 973];

    (2) Twelfth Report from the Committee [FCO Annual 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. 826]; and

    (3) Memoranda laid before the Committee [Turkey]; to be printed [No. 1300]

    [Donald Anderson].

    5    Health,-Minutes of Evidence taken before the Health Committee [Public Expenditure 2002]; to be printed [No. 1238-ii] [Mr David Hinchliffe].

    6    Home Affairs,-Minutes of Evidence taken before the Home Affairs Committee [Criminal Justice and Sentencing Bill]; to be printed [No. 1299-i] [Mr Chris Mullin].

    7    International Development,-(1) Sixth Report from the Committee [Department for International Development: Departmental Report 2002], 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. 964]; and

    (2) Minutes of Evidence taken before the International Development Committee [The Autumn Meetings of the IMF and the World Bank]; to be printed [No. 1297-i]

    [Tony Baldry].

    8    Office of the Deputy Prime Minster: 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 [Departmental Annual Report and Estimates 2002]; to be printed [No. 1293-i] [Andrew Bennett].

    9    Statutory Instruments,-Fortieth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 135-xl] [Mr David Tredinnick].

    10    Welsh Affairs,-Minutes of Evidence taken before the Welsh Affairs Committee [The Primary Legislative process as it affects Wales]; to be printed [No. 1242-ii] [Mr Martyn Jones].

[W.H., No. 118]

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,-Resolved, That the sitting be now adjourned.-(Mr Nick Ainger.)

    And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 1.58 p.m.

Sir Alan Haselhurst
Deputy Speaker

CORRIGENDUM

    The Votes and Proceedings for Monday 4th November 2002 should have had Issue No. 198.



 
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