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Session 2002- 03
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House of Commons Votes and Proceedings
Wednesday 15th January 2003

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

PRAYERS.

1    Confiscation of Alcohol (Young Persons),-Ordered, That leave be given to bring in a Bill to amend the Criminal Justice and Police Act 2001; to make further provision relating to the confiscation of intoxicating liquor held by or for use by young persons in public and certain other places; and for connected purposes: And that Bob Spink, Mr David Amess, Mr Peter Lilley, Mr Frank Field, The Reverend Martin Smyth, Mrs Angela Browning, Dr Ian Gibson, Andrew Mackinlay, Mr Henry Bellingham, Mr Elfyn Llwyd, Sir Nicholas Winterton and Miss Ann Widdecombe do prepare and bring it in.

2    Confiscation of Alcohol (Young Persons) Bill,-Bob Spink accordingly presented a Bill to amend the Criminal Justice and Police Act 2001; to make further provision relating to the confiscation of intoxicating liquor held by or for use by young persons in public and certain other places; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 11th July and to be printed [Bill 43].

3    Community Care (Delayed Discharges etc.) Bill,-The House, according to Order, proceeded to consider the Community Care (Delayed Discharges etc.) Bill, as amended in the Standing Committee.

    A Clause (Free provision of services in Wales)-(Jacqui Smith)-brought up, read the first and second time and added to the Bill.

    Another Clause (Meaning of 'carer' and 'carers' assessment')-(Mr Paul Burstow)-brought up and read the first time.

    Question put, That the Clause be read a second time.

    The House divided.

      Tellers for the Ayes, Richard Younger-Ross, Mr Andrew Stunell: 195.

      Tellers for the Noes, Mr Nick Ainger, Mr Fraser Kemp: 334.

    Another Clause (Action plans and joint local protocols)-(Mrs Patsy Calton)-brought up and read the first time.

    Question proposed, That the Clause be read a second time:-Clause, by leave, withdrawn.

    Amendments Nos. 26 to 34 made to the Bill.

    Another Amendment (No. 7) proposed to the Bill, in page 4, line 30, at the end to insert the words-

      '(10) The amount prescribed under subsection (4) shall not exceed-

    (a) £120, in the case of a social services authority in, or adjacent to, Greater London, or

    (b) £100, in any other area.'.-(Mr Simon Burns.)

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

    Another Amendment (No. 8) proposed to the Bill, in page 4, line 30, at the end to insert the words-

      '(10) The amount prescribed under subsection (4) shall not exceed-

    (a) £12, in the case of a social services authority in, or adjacent to, Greater London, or

    (b) £10, in any other area.'.-(Mr Simon Burns.)

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Mr David Wilshire, Mr Mark Francois: 188.

      Tellers for the Noes, Mr Nick Ainger, Mr Phil Woolas: 317.

    Another Amendment (No. 6) proposed to the Bill, in page 4, line 42, to leave out Clause No. 6.-(Mr Simon Burns.)

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Mr David Wilshire, Mr Laurence Robertson: 198.

      Tellers for the Noes, Mr Phil Woolas, Mr Nick Ainger: 318.

    And it being after Six o'clock, the Deputy Speaker put forthwith the Question on an Amendment selected by the Speaker for separate Division, pursuant to Order [29th October and 28th November 2002].

    Another Amendment proposed to the Bill, in page 7, line 32, to leave out from the word 'require' to the end of line 33, and to insert the words 'any of the following services to be provided free of charge for a period of more than six weeks-

    (a)the provision of accommodation under Part 3 of the National Assistance Act 1948;

    (b)the provision of personal care to a person in any place where that person is living, other than accommodation provided under that Part of that Act;

    (c)a service provided to a carer under section 2 of the Carers and Disabled Children Act 2000 which consists of the provision of personal care delivered to the person cared for (in accordance with subsection (3) of that section).'.-(Jacqui Smith.)

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Gillian Merron, Mr Phil Woolas: 464.

      Tellers for the Noes, Annette Brooke, Richard Younger-Ross: 50.

    The Deputy Speaker then put the Questions on any further Amendments moved by a Minister of the Crown.

    Other Amendments (Nos. 35, 36 and 38 to 40) made to the Bill.

    Title accordingly amended, as follows: A Bill to make provision requiring social services authorities to make payments in cases where the discharge of patients is delayed for reasons relating to the provision of community care services or services for carers; and to enable the Secretary of State and the National Assembly for Wales to require certain community care services and services for carers provided by social services authorities to be free of charge to persons receiving those services.

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

    The House divided.

      Tellers for the Ayes, Joan Ryan, Gillian Merron: 323.

      Tellers for the Noes, Mr David Wilshire, Mr Mark Francois:188.

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

4    Public Petitions,-Public Petitions from-

    (1) residents of the constituency of Hammersmith and Fulham and others for ethical investment, and

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

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

5    Adjournment,-Resolved, That this House do now adjourn.-(Mr Fraser Kemp.)

    And accordingly the House, having continued to sit till a quarter to Eight o'clock, adjourned till to-morrow.

[Adjourned at 7.45 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 Negative Resolution:

1    Local Government,-Local Authorities (Capital Finance) (Amendment) (England) Regulations 2003 (S.I., 2003, No. 43), dated 13th January 2003 [by Act] [Mr Secretary Prescott].

2    Social Security,-Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations (Northern Ireland) 2003 (S.R. (N.I.), 2003, No. 18), dated 13th January 2003 [by Act] [Ms Rosie Winterton].

Other Papers:

3    Sessional Returns, 2001-02,-Returns to Orders [20th November] for Returns relating to-

    (1) Business of the House;

    (2) Closure of Debate, Proposal of Question and Allocation of Time (including Programme Motions);

    (3) Sittings of the House;

    (4) Private Bills and Private Business;

    (5) Public Bills;

    (6) Delegated Legislation and Deregulation and Regulatory Reform Orders;

    (7) European Legislation, &c.;

    (8) Grand Committees;

    (9) Chairmen's Panel; and

    (10) Select Committees

    in Session 2001-02 [by Order]; to be printed [No. 1] [Clerk of the House].

4    Social Security Administration,-Account of Securities held for the National Insurance Fund as at 31st March 2002 [by Act] [Clerk of the House].

5    Treaty Series (No. 1, 2003),-Exchange of Notes, done at Lilongwe on 27th August and 5th September 2002, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Malawi concerning Certain Commercial Debts (The United Kingdom/Malawi Debt Agreement No. 4 (2001)), which entered in force on 5th September 2002 [by Command] [Cm 5734] [Mr Secretary Straw].

APPENDIX II

Standing Committees

1    Draft Education and Libraries (Northern Ireland) Order 2003:

    (1) The Speaker has allocated the draft Order to the First Standing Committee on Delegated Legislation and has appointed Mr Bill O'Brien Chairman; and

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Roy Beggs, Colin Burgon, Clive Efford, Mr Mark Fisher, Mr Neil Gerrard, Jane Kennedy, Shona McIsaac, Mr John Maples, Gillian Merron, Lembit Öpik, Syd Rapson, Mr Mark Simmonds, Mr John Taylor, Joan Walley, Mr Robert N. Wareing and Mr David Wilshire.

2    Draft Audit and Accountability (Northern Ireland) Order 2003:

    (1) The Speaker has allocated the draft Order to the Second Standing Committee on Delegated Legislation and has appointed Mr Jimmy Hood Chairman; and

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Michael Connarty, Mr John Grogan, Mr Kelvin Hopkins, Glenda Jackson, Shona McIsaac, Gillian Merron, Lembit Öpik, Mr Ian Pearson, Mr Gerry Steinberg, Mr John Taylor, Sir Teddy Taylor, Mr David Trimble, Keith Vaz, Mr Peter Viggers, Mr David Wilshire and David Winnick.

3    Draft Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 and the draft Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003:

    (1) The Speaker has allocated the draft Order to the Third Standing Committee on Delegated Legislation and has appointed Mr Alan Hurst Chairman; and

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Roger Berry, Mr Desmond Browne, David Cairns, Mr Alistair Carmichael, Mr Jonathan Djanogly, Mr Robert Jackson, Mr Piara S. Khabra, Mrs Jackie Lawrence, Shona McIsaac, Gillian Merron, Mr Gwyn Prosser, James Purnell, The Reverend Martin Smyth, Mr John Taylor, Mr David Wilshire and Mr Shaun Woodward.

European Standing Committees

4    The Speaker has appointed Mr Nigel Beard Chairman of European Standing Committee B in respect of European Union Documents 11079/02 and 14664/02, relating to financial penalties.

5    European Union Documents Nos. 15245/01 and 15246/02, relating to fisheries: catches, quotas and effort limitation 2003, have been referred to European Standing Committee A.

6    European Union Document No. 10879/02, relating to the mid-term review of the Common Agricultural Policy, and European Union Document No. 10896/02, relating to the Commission working document: Report on Milk Quotas, have been referred to European Standing Committee A.

7    Unnumbered Explanatory Memorandum dated 9th January 2003 submitted by the Lord Chancellor's Department and the Scottish Executive, relating to jurisdiction and the recognition and enforcement of judgements in matrimonial matters and in matters of parental responsibility, has been referred to European Standing Committee B, together with European Union Document No. 8395/02 and the Unnumbered Explanatory Memorandum dated 14th November 2002, submitted by the Lord Chancellor's Department and the Scottish Executive, already referred to the Committee on 20th November.

8    European Union Document No. 13982/02 and Addenda 1-3, relating to a better environment for business in the EU, have been referred to European Standing Committee C.

APPENDIX III

Reports from Select Committees

    1    Culture, Media and Sport,-Minutes of Evidence taken before the Culture, Media and Sport Committee [London Olympic Bid 2012]; to be printed [Nos. 268-ii and -iii] [Mr Gerald Kaufman].

    2    Defence,-Part of the Minutes of Evidence taken before the Defence Committee [Missile Defence]; to be printed [No. 290-i] [Mr Bruce George].

    3    Education and Skills,-Minutes of Evidence taken before the Education and Skills Committee [Secondary Education: Diversity of Provision]; to be printed [No. 94-iii] [Mr Barry Sheerman].

    4    Environmental Audit,-Minutes of Evidence taken before the Environmental Audit Committee [Winning the War on Waste]; to be printed [No. 99-ii] [Mr John Horam].

    5    Environment, Food and Rural Affairs,-Third Report from the Environment, Food and Rural Affairs Committee [Mid-Term Review of the Common Agricultural Policy], together with Appendices to the Minutes of Evidence taken before the Mid-Term Review of the Common Agricultural Policy Sub-Committee of the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 151] [Mr David Curry].

    6    European Scrutiny,-(1) Seventh Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 63-vii];

    (2) Eighth Report from the Committee [The Committee's Work in 2002]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 63-viii]; and

    (3) Minutes of Evidence taken before the Committee [Framework Decision on Racism and Xenophobia, and Europol]; to be printed [No. 291-i]

    [Mr Jimmy Hood].

    7    Public Accounts,-(1) Fourth Report from the Committee of Public Accounts [Private Finance Initiative: The Redevelopment of MOD Main Building]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 298]; and

    (2) Minutes of Evidence taken before the Committee [Innovation in the National Health Service-The Acquisition of the Heart Hospital]; to be printed [No. 299-i]

    [Mr Edward Leigh].

    8    Science and Technology,- (1) Second Report from the Science and Technology Committee [Science and Technology Committee: Annual Report 2002]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 260];

    (2) Second Special Report from the Committee [Government Response to the Sixth Report from the Committee in Session 2001-02, on the National Endowment for Science, Technology and the Arts]; to be printed [No. 276]; and

    (3) Third Special Report from the Committee [Government Response to the Seventh Report from the Committee in Session 2001-02 [The Office of Science and Technology: Scrutiny Report 2002]; to be printed [No. 293].

    [Dr Ian Gibson].

    9    Transport,-Minutes of Evidence taken before the Transport Committee [Multi-Modal Studies]; to be printed [No. 38-iii] [Mrs Gwyneth Dunwoody].

    10    Work and Pensions,-Minutes of Evidence taken before the Work and Pensions Committee [The Future of UK Pensions]; to be printed [No. 92-iv] [Mr Archy Kirkwood].


[W.H., No.17]

Minutes of Proceedings of the Sitting in Westminster Hall

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

    Adjournment,-Resolved, That the sitting be now adjourned.-(Mr John Heppell.)

        And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 4.42 p.m.

Sir Alan Haselhurst   
Deputy Speaker      



 
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