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House of Commons
Session 2002 - 03
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House of Commons Votes and Proceedings
Wednesday 2nd April 2003

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

PRAYERS.

1    Transas Group Bill,-The Order of the day being read for the Second Reading of the Transas Group Bill;

    Ordered, That the Bill be read a second time on Wednesday 9th April.

2    Private Bills [Lords] (No Standing Order not previously inquired into applicable),-The Speaker laid upon the Table a Report from one of the Examiners of Petitions for Private Bills, That, in the case of the following Bill, originating in the Lords and referred after the First Reading thereof, no Standing Order not previously inquired into is applicable thereto:

    London Local Authorities and Transport for London Bill [Lords].

    Bill to be read a second time.

3    Aviation (Offences) Bill,-Miss Ann Widdecombe reported from Standing Committee C, That it had gone through the Aviation (Offences) Bill, and directed her to report the same, without Amendment.

    Bill, not amended in the Standing Committee, to be considered on Friday 16th May.

    Minutes of Proceedings of the Committee to be printed [No. 617].

4    Sixth Standing Committee on Delegated Legislation,-Mr Bill Olner reported from the Sixth Standing Committee on Delegated Legislation the Advisory, Conciliation and Arbitration Service draft code of practice on Time Off for Trade Union Duties and Activities.

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

5    Local Government (Independent Funding Commission),-Ordered, That leave be given to bring in a Bill to establish an Independent Funding Commission to have responsibility for allocating grants and funds to local authorities in England and Wales and replacing the standard spending assessment powers of Ministers; and for connected purposes: And that Tony Baldry, Mr John Bercow, Mr David Cameron, Mr Boris Johnson, Mr Robert Jackson, Richard Ottaway and Mr Ian Taylor do prepare and bring it in.

6    Local Government (Independent Funding Commission) Bill,-Tony Baldry accordingly presented a Bill to establish an Independent Funding Commission to have responsibility for allocating grants and funds to local authorities in England and Wales and replacing the standard spending assessment powers of Ministers; 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 86].

7    Criminal Justice Bill (Programme) (No. 4),-Ordered, That, in accordance with the Resolution of the Programming Committee of 1st April and pursuant to the Programme Order of 4th December 2002 relating to the Criminal Justice Bill, as amended by the Orders of 4th February and 5th March:

    (1) Proceedings on consideration shall be taken on each of the three days allowed by the Order as shown in the second column of the following Table, and shall be taken in the order so shown

    (2) Proceedings on the first day shall be brought to a conclusion six and a half hours after the commencement of proceedings on that day or at the conclusion of the proceedings set down for that day, whichever is the earlier.

    (3) The proceedings shown in the second column of the Table shall (so far as not previously concluded) be brought to a conclusion at the time specified in the third column.

    (4) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion six and a half hours after the commencement of proceedings on the Bill on the third day.

DayProceedingsTime for conclusion of proceedings
First day Clauses Nos. 1 to 6, Clause No. 8, Schedule No. 1, new Clauses relating to Part 3, Clauses Nos. 18 to 22, new Clauses relating to Part 4, Clause No. 23, Schedule No. 2, Clauses Nos. 24 to 26, new Clauses relating to Part 8, Clauses Nos. 44 to 49 Two and a half hours after the commencement of proceedings on a Motion relating to this Resolution
Clauses Nos. 99 to 120, Schedule No. 6, Clauses Nos. 121 to 126 Three and a half hours after the commencement of those proceedings
New Clauses relating to Part 11, Clauses Nos. 82 to 98, Schedule No. 5 Six and a half hours after the commencement of such proceedings
Second day New Clauses relating to Part 1, Clause No. 7, Clauses Nos. 9 and 10, new Clauses relating to Part 2, Clauses Nos. 11 to 17, new Clauses relating to Part 5, Clauses Nos. 27 to 34, new Clauses relating to Part 6, Clause No. 35, Schedule 3, new Clauses relating to Part 7, Clauses Nos. 36 to 43, new Clauses relating to Part 9, Clauses Nos. 50 to 62, new Clauses relating to Part 10, Clause No. 63, Schedule 4, Clauses Nos. 64 to 81 Six and a half hours after the commencement of proceedings on the Bill
Third day New Clauses relating to Part 12, Clauses Nos. 127 to 163, Schedule No. 7, Clause No. 164, Schedule No. 8, Clauses Nos. 165 to 171, Schedule No. 9, Clauses Nos. 172 to 176, Schedule No. 10, Clauses Nos. 177 to 201, Schedule No. 11, Clauses Nos. 202 to 206, Schedule No. 12, Clauses Nos. 207 to 211, Schedules Nos. 13 and 14, Clause No. 212, Schedule No. 15, Clauses Nos. 213 to 221, Schedule Nos. 16, Clauses Nos. 222 to 246, Schedule No. 17, Clause No. 247, Schedule No. 18, Clause No. 248, Schedules Nos. 19 and 20, Clauses Nos. 249 to 251, Schedule No. 21, Clause No. 252, Schedule No. 22, Clauses Nos. 253 and 254, Schedule No. 23, Clauses Nos. 255 to 258, Schedule No. 24, Clauses Nos. 259 to 265, Schedule No. 25, Clauses Nos. 266 to 268, Schedule No. 26, Clauses Nos. 269 to 273, Schedule No. 27, Clause No. 274, Schedule No. 28, Clause No. 275, Schedule No. 29, Clauses Nos. 276 to 280, remaining new Clauses, new Schedules, any remaining proceedings on the Bill.-(Hilary Benn.) Five and a half hours after the commencement of proceedings on the Bill.

8    Criminal Justice Bill [1st allotted day],-The House, according to Order, proceeded to consider the Criminal Justice Bill, as amended in the Standing Committee.

    An Amendment (No. 52) proposed to the Bill, in page 4, line 30, to leave out Clause 5.-(Mr Dominic Grieve.)

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Mrs Cheryl Gillan, Mr Mark Francois: 163.

      Tellers for the Noes, Mr Nick Ainger, Mr Jim Murphy: 285.

    Another Amendment (No. 166) proposed to the Bill, in page 4, line 36, to leave out Clause 6.-(Mr David Heath.)

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Richard Younger-Ross, Annette Brooke: 166.

      Tellers for the Noes, Mr Nick Ainger, Dan Norris: 291.

    Other Amendments (Nos. 104 to 108) made to the Bill.

    Another Amendment (No. 124) proposed to the Bill, in page 164, line 18, to leave out from the words 'section 38(1))' to end of line 19 and insert the words-

      '(a) before "the normal powers", there is inserted "Subject to subsection (1CA) below,",

      (b) after "section", in the first place where it occurs, there is inserted "37(7)(a).'.-(Mr Chris Mullin.)

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

    It being two and a half hours after the commencement of proceedings on the Motion relating to Criminal Justice Bill (Programme) (No. 4), the Deputy Speaker proceeded to put forthwith the Question on the remaining Amendments moved by a Minister of the Crown to be decided at that hour.

    Amendments (Nos. 71 and 94) made to the Bill.

    Another Amendment (No. 146) proposed to the Bill, in page 60, line 6, to leave out the word 'admissible' and insert the words 'not to be admitted', instead thereof.-(Simon Hughes.)

    Question proposed, That the Amendment be made.

    And it being three and a half hours after the commencement of proceedings on the Motion relating to Criminal Justice Bill (Programme) (No. 4), the Deputy Speaker proceeded to put forthwith the Question already proposed from the Chair, pursuant to Order [this day].

    The House divided.

      Tellers for the Ayes, Annette Brooke, Richard Younger-Ross: 182.

      Tellers for the Noes, Mr Nick Ainger, Charlotte Atkins: 297.

    The Deputy Speaker then put forthwith the Question on an Amendment selected by the Speaker for separate Division.

    Another Amendment (No. 121) proposed to the Bill, in page 65, line 42, to leave out Clause 106.-(Mr Dominic Grieve.)

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Mrs Cheryl Gillan, Mr Mark Francois: 183.

      Tellers for the Noes, Gillian Merron, Derek Twigg: 296.

    The Deputy Speaker then put forthwith the Question on the remaining Amendments moved by a Minister of the Crown to be decided at that hour.

    Amendments (Nos. 97, 98, 139, 99 and 100) made to the Bill.

    Another Amendment (No. 29) proposed to the Bill, in page 54, line 11, to leave out Clause 85.-(Simon Hughes.)

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Annette Brooke, Mr Alan Reid: 68.

      Tellers for the Noes, Mr Fraser Kemp, Dan Norris: 290.

    It being more than six and a half hours after the commencement of proceedings on the Motion relating to Criminal Justice Bill (Programme) (No. 4), the Deputy Speaker put forthwith the Questions on Amendments selected by the Speaker for separate Division, pursuant to Order [this day].

    Amendment (No. 133) proposed to the Bill, in page 54, line 19, to leave out paragraph (d).-(Vera Baird.)

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Mr Neil Gerrard, Julie Morgan: 201.

      Tellers for the Noes, Mr Fraser Kemp, Dan Norris: 266.

    Amendment (No. 23) proposed to the Bill, in page 54, line 30, to leave out from third word 'the' to 'that' in line 32 and insert the words 'potential probative value of such evidence is so outweighed by its prejudicial effect', instead thereof.-(Mr Dominic Grieve.)

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Mr Mark Francois, Angela Watkinson: 171.

      Tellers for the Noes, Dan Norris, Mr Fraser Kemp: 284.

    The Deputy Speaker then put forthwith the Question on the remaining Amendments moved by a Minister of the Crown to be decided at that hour.

    Amendments (Nos. 134A, 95, 135, 136, 96, 137, 138, 101 and 102) made to the Bill.

    Bill to be further considered to-morrow.

9    Business of the House,-Ordered, That at the sitting on Thursday 3rd April, the Motion for the Adjournment of the House in the name of the Prime Minister relating to matters to be considered before the forthcoming adjournment may be proceeded with, though opposed, for three hours, or until Six o'clock, whichever is the later, and shall then lapse.-(Charlotte Atkins.)

10    Public Petitions,-Public Petitions from-

    (1) Mr Robert Smith and others against the unrestricted opening of pharmacies able to dispense NHS prescriptions,

    (2) Mrs Susan Al-Shaar and others against the war on Iraq,

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

    (4) residents of Abercromby, Aigburth, Arundel, Dingle, Everton, Granby, Smithdown and Vauxhall against the unrestricted opening of pharmacies able to dispense NHS prescriptions,

    (5) residents of Brechin and district against the unrestricted opening of pharmacies able to dispense NHS prescriptions,

    (6) pharmacists and their customers in the Brighton and Hove area against the unrestricted opening of pharmacies able to dispense NHS prescriptions, and

    (7) pharmacists and their customers in the Epsom and Ewell area against the unrestricted opening of pharmacies able to dispense NHS prescriptions

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

11    Adjournment,-Resolved, That this House do now adjourn.-(Mr Nick Ainger.)

    And accordingly the House, having continued to sit till twenty-six minutes to Nine o'clock, adjourned till to-morrow.

[Adjourned at 8.34 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    Church of England (General Synod) (Measures),-Measure passed by the General Synod of the Church of England, entitled Clergy Discipline Measure [by Act]; to be printed [No. 613] [Clerk of the House].

    2    Government Resources and Accounts,-Draft Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003 [by Act], with an Explanatory Memorandum [by Command] [Ruth Kelly].

Papers subject to Negative Resolution:

    3    Government Resources and Accounts,-Government Resources and Accounts Act 2000 (Summarised Accounts of Special Health Authorities) Order 2003 (S.I., 2003, No. 983), dated 1st April 2003 [by Act] [Ruth Kelly].

    4    Representation of the People,-(1) Election Petition (Amendment) Rules 2003 (S.I., 2003, No. 972), and

    (2) European Parliamentary Election Petition (Amendment) Rules 2003 (S.I., 2003, No. 971)

    dated 24th March 2003 [by Act] [Yvette Cooper].

    5    Universities of Oxford and Cambridge,-Statute, dated 15th October 2002, made by the University of Oxford, amending the Statutes of the University [by Act] [Mr Ben Bradshaw].

Other Papers:

    6    Church of England (General Synod) (Measures),-Report by the Ecclesiastical Committee on the Clergy Discipline Measure [by Act]; to be printed [No. 612] [Clerk of the House].

    7    Government Resources and Accounts (Northern Ireland),-General Report by the Comptroller and Auditor General for Northern Ireland, on Financial Auditing and Reporting: 2001-02 [by Act]; to be printed [No. 551] [Mr Secretary Murphy].

    8    Miscellaneous (No. 3, 2003),-Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, done at Vilnius on 3rd May 2002, concerning the Abolition of the Death Penalty in All Circumstances, with an Explanatory Memorandum [Cm. 5795] [Mr Secretary Straw].

APPENDIX II

Standing Committees

    1    Waste and Emissions Trading Bill [Lords]:

    (1) The Speaker has appointed Miss Anne Begg as an additional Chairman of Standing Committee B in respect of the Bill; and

    (2) the Committee of Selection has discharged Mr Peter Ainsworth from the Committee; and nominated in substitution Mr Bill Wiggin.

    2    High Hedges (No. 2) Bill:

    (1) The Speaker has allocated the Bill to Standing Committee C; and

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Christopher Chope, Paul Clark, Mr Tony Clarke, Mr Jim Cunningham, Mr Andrew Dismore, Mr Adrian Flook, Mrs Cheryl Gillan, Mr Ivan Henderson, Mr Tony McNulty, Ms Meg Munn, Mr Stephen Pound, James Purnell, Mr John Randall, Bob Russell, Mr Martin Salter and Richard Younger-Ross.

    3    Local Government Finance (England) Special Grant Report (No. 117) (House of Commons Paper No. 537) on 2003-04 Special Grant for Driving Local Authority Planning Performance:

    (1) The Speaker has allocated the Report to the First Standing Committee on Delegated Legislation; and

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Kevin Barron, Sir Paul Beresford, Mr Geoffrey Clifton-Brown, Mr Edward Davey, Geraint Davies, Barbara Follett, Mr Roger Godsiff, Matthew Green, Mr Ivan Henderson, Mr Kelvin Hopkins, Mr Tony McNulty, Mr Humfrey Malins, Mr Peter Mandelson, Mr Desmond Swayne, Mrs Betty Williams and Mr Phil Woolas.

    4    Draft Northern Ireland Act 2000 (Modification) Order 2003:

    (1) The Speaker has allocated the draft Order to the Second Standing Committee on Delegated Legislation; and

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr John Baron, Mr Keith Bradley, David Burnside, Mr Colin Challen, Mr Stephen Hepburn, Jane Kennedy, Shona McIsaac, Mr Eric Martlew, Gillian Merron, Dr Doug Naysmith, Lembit Ípik, James Purnell, Joan Ruddock, Mr Jonathan Sayeed, Mr John Taylor and Mr David Wilshire.

    5    Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) (Establishment) Order 2003 (S.I., 2003, No. 505) and the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003 (S.I., 2003, No. 506):

    (1) The Speaker has allocated the Order to the Third Standing Committee on Delegated Legislation; and

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Peter Ainsworth, Hugh Bayley, Ms Hazel Blears, Mr Russell Brown, Mr Nigel Evans, Jim Fitzpatrick, Dr Evan Harris, Glenda Jackson, Mr Andrew Love, Mr Paul Marsden, Bridget Prentice, Mr Gerry Steinberg, Mr Graham Stringer, Mr Robert Syms, Mr Bill Wiggin and Derek Wyatt.

    6    Draft Department of Transport (Fees) (Amendment) Order 2003,-The Committee of Selection has discharged Glenda Jackson and Derek Wyatt from the Third Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Mr David Borrow and Ms Debra Shipley.

    7    Farm Waste Grant (Nitrate Vulnerable Zones) (England) Scheme 2003 (S.I., 2003, No. 562),-The Committee of Selection has discharged Mr Nick Ainger, Mr Bob Blizzard, Geraint Davies and Mr David Drew, from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the Scheme); and nominated in substitution Andy Burnham, Mr John Heppell, Rob Marris and Dr Nick Palmer.

    8    Draft Local Elections(Northern Ireland) Amendment Order 2003,-The Committee of Selection has discharged Shona McIsaac from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Roger Casale.

    9    Draft Terrorism Act 2000 (Code of Practice on Video Recording of Interviews) (Northern Ireland) Order 2003,-The Committee of Selection has discharged Gillian Merron and Gareth Thomas the Seventh Standing Committee on Delegated Legislation (nominated in respect of the draft Order); and nominated in substitution Mr Ivor Caplin and Mr Mark Todd.

European Standing Committees

    10    European Union Document No. 7280/03, relating to racism and xenophobia, has been referred to European Standing Committee B.

APPENDIX III

Reports from Select Committees

    1    Defence,- Minutes of Evidence taken before the Defence Committee [Defence and Security in the United Kingdom]; to be printed [No. 557-iii] [Mr Bruce George].

    2    Environment, Food and Rural Affairs,-(1) Sixth Report from the Environment, Food and Rural Affairs Committee [The Rural Payments Agency], together with Appendices to the Minutes of Evidence taken before the Rural Payments Agency Sub-Committee of the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 382];

    (2) Seventh Report from the Committee [Badgers and Bovine Tuberculosis], together with Appendices to the Minutes of Evidence taken before the Badgers and Bovine Tuberculosis Sub-Committee of the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 432];

    (3) Fourth Special Report from the Committee [Government's Reply to the Third Report from the Committee, Session 2002-03, on the Mid-Term Review of the Common Agricultural Policy]; to be printed [No. 615]; and

    (4) Minutes of Evidence taken before the Committee [The Future of Waste Management]; to be printed [No. 385-v]

    [Mr David Curry].

    3    Environmental Audit,-Minutes of Evidence taken before the Environmental Audit Committee [The Energy White Paper-Empowering Change?]; to be printed [No. 618-i] [Mr John Horam].

    4    European Scrutiny,-(1) Seventeenth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 63-xvii]; and

    (2) Minutes of Evidence taken before the Committee [Report of the Convention's Working Group X on 'freedom, security and justice']; to be printed [No. 554-iv]

    [Mr Jimmy Hood].

    5    Lord Chancellor's Department,-(1) Minutes of Evidence taken before the Committee on the Lord Chancellors Department [The role of the Lord Chancellor and his Department]; to be printed [No. 611-i]; and

    (2) Memoranda laid before the Committee [Children and Family Court Advisory and Support Service (CAFCASS)]; to be printed [No. 614-II]

    [Mr Alan Beith].

    6    Northern Ireland Affairs,-Minutes of Evidence taken before the Northern Ireland Affairs Committee [Electoral Registration in Northern Ireland] and Appendices; to be printed [No. 619-i] [Mr Michael Mates].

    7    Public Accounts,-Minutes of Evidence taken before the Committee of Public Accounts [Improving Service quality: Action in Response to the Inherited SERPS problem]; to be printed [No. 616-i] [Mr Edward Leigh].

    8    Science and Technology,-Part of the Minutes of Evidence taken before the Science and Technology Committee [The Scientific Response to Terrorism]; to be printed [No. 415-ii] [Dr Ian Gibson].

    9    Transport,-Minutes of Evidence taken before the Transport Committee [Aviation]; to be printed [No. 454-iv] [Mrs Gwyneth Dunwoody].

    10    Work and Pensions,-(1) Third Report from the Work and Pensions Committee [The Future of UK Pensions], 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. 92];

    (2) Fourth Report from the Committee [Employment for All: Interim 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. 401]; and

    (3) Minutes of Evidence taken before the Committee [Childcare for Working Parents]; to be printed [No. 564-iii]

    [Sir Archy Kirkwood].

[W.H., No. 47]

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.-(Charlotte Atkins.)

    And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 5.05 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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