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Session 2002 - 03
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House of Commons Votes and Proceedings
Wednesday 14th May 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 21st May.

2    Dealing in Cultural Objects (Offences) Bill,-Mr Alan Hurst reported from Standing Committee F, That it had gone through the Dealing in Cultural Objects (Offences) Bill, and directed him to report the same, without Amendment.

    Bill, not amended in the Standing Committee, to be considered on Friday 13th June.

    Minutes of Proceedings of the Committee to be printed [No. 709].

3    Fifth Standing Committee on Delegated Legislation,-Mr Roger Gale reported from the Fifth Standing Committee on Delegated Legislation the Local Government Finance (England) Special Grant Report (No. 118) on Special Grant for Local Authorities rated Excellent and 3* Education Performers and the Local Government Finance (England) Special Grant Report (No. 119) on Special Grant for the Excellence in Cities and Excellence Cluster Programmes.

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

4    European Standing Committee B,-Mr Nigel Beard reported from European Standing Committee B the following Resolution:

    That the Committee takes note of European Union Document No. 7280/03, draft Council Framework Decision on combating racism and xenophobia; agrees with the Government that it is appropriate to establish minimum standards in the criminal law to tackle racism and xenophobia at a European level, that this proposal strikes the right balance between protecting our communities from racial hatred and violence whilst respecting our right to freedom of expression, and supports the Government's efforts to secure agreement on this Framework Decision.

    Report, together with Resolution, to lie upon the Table.

5    European Standing Committee C,-Mr Peter Atkinson reported from European Standing Committee C the following Resolution:

    That the Committee takes note of European Union Documents No. 13982/02 and Addenda 1 to 3, Commission Communication and Staff Working Papers on a better environment for enterprises in the European Union, and No. 5765/03, Commission Green Paper on Entrepreneurship in Europe; and supports the Government's approach to creating a favourable environment, particularly for small and medium-sized enterprises and, more specifically, its approach to the consultation on the Green Paper seeking to achieve a robust and effective action plan which will address the barriers which face enterprises in the European Union today.

    Report, together with Resolution, to lie upon the Table.

6    Criminal Justice Bill,-The Chairman of Ways and Means reported from the Programming Committee, That it had come to a further Resolution in respect of the Criminal Justice Bill, which it had directed him to make to the House:

    That the Order of the House of 2nd April 2003 (Proceedings on consideration and Third Reading of the Criminal Justice Bill) be amended by omitting the entries in the Table for the second and third day and inserting the following:

Day Proceedings Time for
conclusion of
proceedings
Second day New Clauses relating to Part 1, Clause No. 7, Clauses Nos. 9 and 10. One and a quarter hours after the commencement of proceedings on a motion relating to this Resolution.
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 9, Clauses Nos. 50 to 62. Two hours after the commencement of those proceedings.
New Clauses relating to Part 7, Clauses Nos. 36 to 43. Four and a half hours after the commencement of those proceedings.
Clause No. 63, Schedule No. 4, Clauses Nos. 64 to 81, New Clauses relating to Part 10. Six and a half hours after the commencement of those proceedings.
Third day New Clauses Nos. 30 to 39 and 46 to 51. Two and a half hours after the commencement of proceedings on the Bill.
Remaining 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 207 to 211, Schedules Nos. 13 and 14, Clause No. 212, Schedule No. 15, Clause Nos. 213 to 221, Schedule No. 16, Clause Nos. 222 to 246, Schedule No. 17, Clause No. 247, Schedule No. 18, Clause No. 248, Schedules Nos. 19 and 20, Clause Nos. 249 to 251, Schedule No. 21, Clause No. 252, Schedule No. 22, Clause Nos. 253 and 254, Schedule No. 23, Clause Nos. 255 to 258, Schedule No. 24, Clause No. 259, New Clauses relating to Part 6, Clause No. 35, Schedule No. 3.Clause Nos. 260 to 265, Schedule No. 25, Clause Nos. 266 to 268, Schedule No. 26, Clause Nos. 269 to 273, Schedule No. 27, Clause No. 274, Schedule No. 28, Clause No. 275, Schedule No. 29, Clause Nos. 276 to 280. Four hours after the commencement of those proceedings.
Remaining New Clauses, New Schedules, any remaining proceedings on the Bill. Five and a half hours after the commencement of those proceedings.

    Report to lie upon the Table.

7    Telecommunications Masts (Railways),-Ordered, That leave be given to bring in a Bill to restrict the permitted development rights of railway or light railway undertakings in respect of telecommunications masts: And that Mrs Patsy Calton, Vera Baird, Norman Baker, Tom Brake, Annette Brooke, Sue Doughty, Mr Don Foster, Paul Holmes, Julie Morgan, Mr Andrew Stunell, Ann Winterton and Mr Crispin Blunt do prepare and bring it in.

8    Telecommunications Masts (Railways) Bill,-Mrs Patsy Calton accordingly presented a Bill to restrict the permitted development rights of railway or light railway undertakings in respect of telecommunications masts: And the same was read the first time; and ordered to be read a second time on Friday 20th June and to be printed [Bill 107].

9    Finance Bill [2nd allotted day],-The House, according to Order, again resolved itself into a Committee on the Finance Bill (Clauses Nos.1, 4, 5, 9, 14, 22, 42, 56, 57, 124, 130 to 135, 138, 139, 148 and 184 and Schedules Nos. 5, 6, 19 and 25, and any new Clauses and Schedules tabled by Friday 9th May relating to excise duty on spirits or R&D tax credits for oil exploration).

    (In the Committee)

    Clauses Nos. 130 to 134 agreed to.

    Clause No. 135 (Provision of services through intermediary).

    Amendment (No. 8) proposed, in page 80, line 30, to leave out the words '10th April' and insert the words '1st October'.-(Mr Stephen O'Brien.)

    Question put, That the Amendment be made.

    The Committee divided.

      Tellers for the Ayes, Mr Mark Francois, Mr David Wilshire: 172.

      Tellers for the Noes, Mr Ivor Caplin, Mr Jim Murphy: 283.

    Clause agreed to.

    Clause No. 138 (Approved share plans and schemes).

    Question put, That the Clause stand part of the Bill.

    The Committee divided.

      Tellers for the Ayes, Mr Ivor Caplin, Mr Jim Murphy: 291.

      Tellers for the Noes, Mr Robert Syms, Mr Mark Francois: 135.

    Clause No. 139 (Employee securities and options).

    Amendment (No. 12) proposed, in page 81, line 38, at the end, to add the words 'from a date to be appointed by resolution of the House of Commons, such resolution not to be passed until after the Chancellor of the Exchequer shall have reported to Parliament on consultation with employers and employee representatives as to the likely effect of the provisions contained within the Schedule'.-(Mr Howard Flight.)

    Question put, That the Amendment be made.

    The Committee divided.

      Tellers for the Ayes, Mr David Wilshire, Mr Mark Francois: 172.

      Tellers for the Noes, Dan Norris, Mr Jim Murphy: 289.

    Clause agreed to.

    Clause No. 148 (Non-resident companies: basis of charge to corporation tax).

    Amendment (No. 66) proposed, in page 87, to leave out lines 20 to 27.-(Mr Howard Flight.)

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

    Clause agreed to.

    Schedule No. 25 agreed to.

    Clause No. 184 agreed to.

    A Clause (Rate of duty on spirits)-(Angus Robertson)-brought up, and read the first time.

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

    The Committee divided.

      Tellers for the Ayes, Pete Wishart, Mr Alistair Carmichael: 174.

      Tellers for the Noes, Joan Ryan, Mr Gerry Sutcliffe: 292.

    It being more than six and a half hours after the commencement of proceedings on the Bill, the Chairman left the Chair to report the Bill, as amended, to the House.

    _________________

    The Deputy Speaker resumed the Chair; and Mr Jim Murphy reported, That the Committee had gone through the Bill (Clauses Nos. 1, 4, 5, 9, 14, 22, 42, 56, 57, 124, 130 to 135, 138, 139, 148 and 184 and Schedules Nos. 5, 6, 19 and 25, and any new Clauses and Schedules tabled by Friday 9th May relating to excise duty on spirits or R&D tax credits for oil exploration), and made Amendments thereunto.

    Ordered, That the Bill (Clauses Nos. 1, 4, 5, 9, 14, 22, 42, 56, 57, 124, 130 to 135, 138, 139, 148 and 184 and Schedules Nos. 5, 6, 19 and 25), as amended in the Committee, do lie upon the Table.

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

    The Lords have agreed to the Northern Ireland Assembly (Elections and Periods of Suspension) Bill, with Amendments; to which they desire the concurrence of this House.

11    Northern Ireland Assembly (Elections and Periods of Suspension) Bill,-Ordered, That the Lords Amendments to the Northern Ireland Assembly (Elections and Periods of Suspension) Bill be printed [Bill 108].

12    Northern Ireland Assembly (Elections and Periods of Suspension) Bill,-The House, pursuant to Order [12th May], proceeded forthwith to consider the Lords Amendments to the Northern Ireland Assembly (Elections and Periods of Suspension) Bill.

    Lords Amendment No. 1 was agreed to.

    Lords Amendment No. 2.

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

    And it being one hour after the commencement of proceedings on the Lords Amendments, the Deputy Speaker, pursuant to Order [12th May], put the Question:-It was agreed to.

13    Public Petitions,-Public Petitions from-

    (1) citizens of the United Kingdom for improvements in diagnosis of autism and in services available to people with autism;

    (2) electors within the Parliamentary constituency of North West Leicestershire 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.

14    Adjournment,-Resolved, That this House do now adjourn.-(Dan Norris.)

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

[Adjourned at 8.49 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    Race Relations,-Draft Race Relations Act 1976 (Seamen Recruited Abroad) Order 2003 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

    2    Social Security,-Draft State Pension Credit (Decisions and Appeals-Amendments) Regulations 2003 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Smith].

Papers subject to Negative Resolution:

    3    United Nations,-Terrorism (United Nations Measures) Order 2001 (Amendment) Regulations 2003 (S.I., 2003, No. 1297), dated 14th May 2003 [by Act] [Ruth Kelly].

Other Papers:

    4    European Communities (No. 4, 2003),-Euro-Mediterranean Agreement, done at Luxembourg on 17th June 2002, establishing an Association between the European Community and its Member States of the one part, and the Republic of Lebanon, of the other part, with an Explanatory Memorandum [by Command] [Cm. 5812] [Mr Secretary Straw].

    5    Financial Reporting to Parliament,-Departmental Reports 2003: The Government's Expenditure Plans for 2003-04 to 2005-06 for:-

    (1) Department for Education and Skills, and

    (2) Office for Standards in Education (OFSTED)

    [by Command] [Cms. 5902 and 5903] [Mr Secretary Clarke]; and

    (3) Department for Environment, Food and Rural Affairs [by Command] [Cm. 5919] [Secretary Margaret Beckett].

    6    Northern Ireland,-Accounts for-

    (1) Charities and Donations and Bequests,

    (2) Mineral Development, and

    (3) Petroleum Production

    for 2001-02, with the Reports of the Comptroller and Auditor General for Northern Ireland thereon [by Act]; to be printed [Nos. 647, 645 and 646] [Mr Secretary Murphy].

    7    Public Petitions,-(1) Observations by the Secretary of State for Foreign and Commonwealth Affairs on the Petition [8th April] from residents of Chesham and Amersham for stronger controls on transfers of arms between countries; and

    (2) Observations by the Secretary of State for Transport on the Petition [10th April] from residents of Golborne, Lowton, Ashton and the surrounding districts for a new railway station in Golborne

    [by Standing Order]; to be printed [Clerk of the House].

    8    Telecommunications,-Report of the Director General of Telecommunications for 2002 [by Act]; to be printed [No. 659] [Ms Secretary Hewitt].

APPENDIX II

Standing Committees

    1    Finance Bill:

    (1) The Speaker has appointed Mr Roger Gale an additional Chairman of Standing Committee B in respect of the Bill; and

    (2) The Committee of Selection has discharged Kevin Brennan from Standing Committee B (nominated in respect of the Bill); and nominated in substitution Jon Trickett.

    2    Retirement Income Reform 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 Richard Allan, Dr Vincent Cable, Jeremy Corbyn, Mr Jim Cousins, Mr Frank Field, Mr Howard Flight, Mr Edward Garnier, Kate Hoey, Alan Howarth, Lynne Jones, Ruth Kelly, Mr Chris Pond, Mr David Ruffley, David Taylor, Mr David Wilshire and Derek Wyatt.

    3    Equine Welfare (Ragwort Control) Bill,-The Speaker has appointed Mr Eric Illsley Chairman of Standing Committee F in respect of the Bill.

    4    Draft Broadcasting (Independent Productions) (Amendment) Order 2003:

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

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Tony Banks, Mr Jim Cousins, Clive Efford, Michael Fabricant, Mr Adrian Flook, Mr Mark Francois, Mr John Greenway, Nick Harvey, Mr Mark Hoban, Dr Kim Howells, Mr Fraser Kemp, Martin Linton, Chris McCafferty, Mr Kevin McNamara, Mr Adrian Sanders and Mr Gerry Steinberg.

    5    Draft European Communities (Definition of Treaties) (Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States and the Arab Republic of Egypt) Order 2003 and the draft European Communities (Definition of Treaties) (Agreement establishing an Association between the European Communities and its Member States and the Republic of Chile) Order 2003:

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

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Virginia Bottomley, Mr Colin Breed, Mr Ivor Caplin, Mr David Drew, Mr Huw Edwards, Paul Flynn, Mrs Cheryl Gillan, Helen Jones, Ann Keen, Mr Calum MacDonald, Rosemary McKenna, Mr Paul Marsden, Mr Denis Murphy, Mr Richard Page, Mr Richard Spring and Dr Phyllis Starkey.

    6    Draft Contracting Out (Administration of the Teachers' Pensions Scheme) Order 2003:

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

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: John Austin, Mr Harold Best, Mr Graham Brady, Mr Ian Cawsey, Mr Edward Garnier, David Hamilton, Mr John Lyons, Alice Mahon, Mr David Miliband, Anne Picking, Dr John Pugh, Mr David Rendel, Mr Laurence Robertson, Derek Twigg, Mr Nigel Waterson and Tony Worthington.

    7    Draft Disability Discrimination Act 1995 (Amendment) Regulations 2003:

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

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr David Amess, Charlotte Atkins, Mr John Baron, Mr Tim Boswell, Mr Tony Clarke, Mr Ian Davidson, Jim Dobbin, Maria Eagle, Paul Holmes, Mr Brian Jenkins, Margaret Moran, Diana Organ, Mr Greg Pope, Mr John Smith, Angela Watkinson and Steve Webb.

    8    Local Government Finance (England) Special Grant Report (No. 118) on Special Grant for Local Authorities Rated Excellent and 3* Education Performers and the Local Government Finance (England) Special Grant Report (No. 119) on Special Grant for the Excellence in Cities and Excellence Cluster Programmes,-The Committee of Selection has discharged Mr Ian Cawsey, Tom Cox and Mr Khalid Mahmood from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the Reports); and nominated in substitution Mr Tom Harris, Mr Kevin Hughes and Mr Gareth Thomas (Harrow West).

Programming Committees

    9    Criminal Justice Bill (Programming Committee),-The Speaker has appointed Paul Goggins, Ian Lucas and John Mann in place of Hilary Benn, Ms Dari Taylor and Paul Clark as members of the Programming Committee in respect of the Bill.

European Standing Committees

    10    The Speaker has appointed Mr David Amess Chairman of European Standing Committee A in respect of European Union Document No. 15831/02 on Control of Foot and Mouth Disease.

    11    European Union Document No. 8475/03 relating to the Broad Economic Policy Guidelines, has been referred to European Standing Committee B.

APPENDIX III

Reports from Select Committees

    1    Defence,-Minutes of Evidence taken before the Defence Committee [Lessons in Iraq]; to be printed [No. 695-i] [Rachel Squire].

    2    Draft Corruption Bill,-Minutes of Evidence taken before the Joint Committee on the Draft Corruption Bill; to be printed [No. 705-ii] [Mr Richard Shepherd].

    3    Environmental Audit,-Minutes of Evidence taken before the Environmental Audit Committee [The Export Credits Guarantee Department and Sustainable Development]; to be printed [No. 689-i] [Mr John Horam].

    4    Environment, Food and Rural Affairs,-(1) Eighth Report from the Environment, Food and Rural Affairs Committee [The Future of Waste Management], 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 [Nos. 385-I and -II]; and

    (2) Minutes of Evidence taken before the Committee [Animal By-Products Regulations]; to be printed [No. 707]

    [Mr David Curry].

    5    European Scrutiny,-Twenty-first Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 63-xxi] [Mr Jimmy Hood].

    6    Procedure,-Minute of Evidence taken before the Procedure Committee [Procedure for debates, Private Members' Bills, and the powers of the Speaker]; to be printed [No. 333-vi] [Sir Nicholas Winterton].

    7    Public Accounts,-Minutes of Evidence taken before the Committee of Public Accounts [Improving Service Delivery: The Food Standards Agency]; to be printed [No. 708-i] [Mr Edward Leigh].

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

    9    Trade and Industry,-Minutes of Evidence taken before the Trade and Industry Committee [The Future of the UK Steel Industry]; to be printed [No. 686-ii] [Mr Martin O'Neill].

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

[W.H., No. 59]

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 Gerry Sutcliffe.)

    And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 5.09 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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