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House of Commons
Session 2002 - 03
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House of Commons Votes and Proceedings
Tuesday 20th May 2003

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

PRAYERS.

1    Mersey Tunnels Bill,-The Order of the day being read, for the consideration of the Mersey Tunnels Bill, as amended in the Committee;

    Ordered, That the Bill be considered on Tuesday 10th June at Four o'clock.

2    Regulatory Reform,-Mr Peter Pike reported from the Regulatory Reform Committee the following Resolution:

    That the proposal for the Regulatory Reform (Gaming Machines) Order 2003, which was laid before this House on 13th March, should be amended before a draft Order is laid before the House.

3    Licensing Bill [Lords],-Mr Joe Benton reported from Standing Committee D, That it had gone through the Licensing Bill [Lords], and made Amendments thereunto.

    Bill, as amended in the Standing Committee, to be considered to-morrow; and to be printed [Bill 109].

    Minutes of Proceedings of the Committee to be printed [No. 716].

4    Second Standing Committee on Delegated Legislation,-Mr Alan Hurst reported from the Second Standing Committee on Delegated Legislation the 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 Community and its Member States and the Republic of Chile) Order 2003.

    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:

    Courts Bill [Lords],-The Lords have passed a Bill to make provision about the courts and their procedure and practice; about judges and magistrates; about fines and the enforcement processes of the courts; about periodical payments of damages; and for connected purposes; to which the Lords desire the concurrence of this House.

6    Courts Bill [Lords],-The Courts Bill [Lords] was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 112].

    Ordered, That the Explanatory Notes relating to the Courts Bill [Lords] be printed [Bill 112-EN].

7    Harbours Bill [Lords],-The Harbours Bill [Lords] was read the first time; and ordered to be read a second time on Friday 13th June and to be printed [Bill 113].

8    Medical Practitioners and Dentists (Professional Negligence Insurance),-Ordered, That leave be given to bring in a Bill to require the holding of professional negligence insurance as a condition of registration to practise in medicine or dentistry: And that Dr Desmond Turner, Mr David Lepper, Dr Ian Gibson, Dr Brian Iddon, Mr David Hinchliffe, Vera Baird and Mr David Heath do prepare and bring it in.

9    Medical Practitioners and Dentists (Professional Negligence Insurance) Bill,-Dr Desmond Turner accordingly presented a Bill to require the holding of professional negligence insurance as a condition of registration to practise in medicine or dentistry: 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 111].

10    Criminal Justice Bill [3rd allotted day],-The House, according to Order, proceeded further to consider the Criminal Justice Bill, as amened in the Standing Committee.

    Another Clause (Determination of minimum term in relation to mandatory life sentence)-(Mr Secretary Blunkett)-brought up and read the first time.

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

    The House divided.

      Tellers for the Ayes, Mr Nick Ainger, Mr Phil Woolas: 325.

      Tellers for the Noes, Mr Andrew Stunell, Richard Younger-Ross: 52.

    It being more than two and a half hours after the commencement of proceedings on the Bill, the Deputy Speaker, pursuant to Orders [2nd April and yesterday], put the Question that the Clause be added to the Bill:-It was agreed to.

    The Deputy Speaker then put the Question on the remaining new Clauses moved by a Minister of the Crown to be disposed of at that hour.

    Another Clause (Duty to give reasons)-(Paul Goggins)-brought up, and added to the Bill.

    Another Clause (Appeals)-(Paul Goggins)-brought up, and added to the Bill.

    Another Clause (Review of minimum term on reference by Attorney General)-(Paul Goggins)-brought up, and added to the Bill.

    Another Clause (Life prisoners transferred to England and Wales)-(Paul Goggins)-brought up, and added to the Bill.

    Another Clause (Further provisions about references relating to transferred life prisoners)-(Paul Goggins)-brought up, and added to the Bill.

    Another Clause (Duty to release certain life prisoners)-(Paul Goggins)-brought up, and added to the Bill.

    Another Clause (Mandatory life sentences: transitional cases)-(Paul Goggins)-brought up, and added to the Bill.

    Another Clause (Interpretation of Chapter)-(Paul Goggins)-brought up, and added to the Bill.

    Another Clause (Increase in penalties for certain driving-related offences causing death)-(Paul Goggins)-brought up, and added to the Bill.

    Another Clause (Minimum sentence for certain firearms offences)-(Paul Goggins)-brought up, and added to the Bill.

    Another Clause (Certain firearms offences to be triable only on indictment)-(Paul Goggins)-brought up, and added to the Bill.

    Another Clause (Power to sentence young offender to detention in respect of certain firearms offences: England and Wales)-(Paul Goggins)-brought up, and added to the Bill.

    Another Clause (Power to sentence young offender to detention in respect of certain firearms offences: Scotland)-(Paul Goggins)-brought up, and added to the Bill.

    Another Clause (Power by order to exclude application of minimum sentence to those under 18)-(Paul Goggins)-brought up, and added to the Bill.

    Another Clause (Increase in penalty for offences relating to importation or exportation of certain firearms)-(Paul Goggins)-brought up, and added to the Bill.

    Another Clause (Sentencing Guidelines Council: supplementary provisions)-(Yvette Cooper)-brought up, and read the first and second time, and added to the Bill.

    It being four hours after the commencement of proceedings on the Bill, the Deputy Speaker put the Questions on a new Clause and an Amendment selected by the Speaker for separate Division.

    Another Clause (Increase in sentences for hate crimes)-(Mr David Heath)-brought up.

    Question put, That the Clause be added to the Bill.

    The House divided.

      Tellers for the Ayes, Mr Andrew Stunell, Tom Brake: 53.

      Tellers for the Noes, Mr Phil Woolas, Mr Nick Ainger: 326.

    Another Amendment (No. 67) proposed to the Bill, in page 81, line 8, to leave out Clause No. 140.-(Mr Dominic Grieve.)

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Mr Mark Hoban, Mrs Cheryl Gillan: 197.

      Tellers for the Noes, Mr Phil Woolas, Joan Ryan: 320.

    The Deputy Speaker then put the Question on the remaining Amendments and new Clause moved by a Minister of the Crown to be disposed of at that hour.

    Another Clause (Mode of trial for certain firearms offences: transitory arrangements)-(Paul Goggins)-brought up and added to the Bill.

    Other Amendments (Nos. 233, 426, 234, 235, 427 to 429, 236, 197 to 201, 223, 430, 262 to 271, 237, 238, 272 to 275, 239 to 249, 276 to 284, 250 to 252, 224, 285, 436, 286 to 288, 437, 289, 290, 228, 229, 438, 439, 291 to 293, 440, 294 to 298, 431, 317 to 324, 260, 325 to 351, 261, 352 to 354, 299, 300, 202, 253, 225, 432, 254, 452, 453, 103, 214 to 222, 140, 355, 458 to 461, 301, 109, 454, 441, 303, 302, 304 to 307, 442, 308 to 310, 230, 311 to 314, 356, 255, 315, 212, 455, 226, 421, 256, 456, 316, 257, 213, 434, 258, 435, 473, 422, 457, 227 and 259) made to the Bill.

    Another Clause (Limit on period of detention without charge of suspected terrorists)-(Beverley Hughes)-brought up, read the first and second time, and added to the Bill.

    It being five and a half hours after the commencement of proceedings on the Bill, the Deputy Speaker put the Questions on the remaining new Clauses, new Schedules and Amendment moved by a Minister of the Crown to be disposed of at that hour.

    Question put, That Clauses (Criminal record certificates: amendments of Part 5 of Police Act 1997) and (Offence of outraging public decency triable either way) and Schedules (Criminal record certificates: amendments of Part 5 of Police Act 1997), (Determination of minimum term in relation to mandatory life sentence) and (Mandatory life sentences: transitional cases) be added to the Bill.

    The House proceeded to a Division.

    Joan Ryan and Charlotte Atkins were appointed Tellers for the Ayes, but no Member being willing to act as Teller for the Noes, the Deputy Speaker declared that the Ayes had it.

    Another Amendment (No. 196) made to the Bill.

    Title accordingly amended, as follows: A Bill to make provision about criminal justice (including the powers and duties of the police) and about dealing with offenders; to amend the law relating to jury service; to amend Chapter 1 of Part 1 of the Crime and Disorder Act 1998 and Part 5 of the Police Act 1997; and for connected purposes.

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

    And it being six and a half hours after the commencement of proceedings on the Bill, the Deputy Speaker put the Question pursuant to Order [2nd April].

    The House divided.

      Tellers for the Ayes, Dan Norris, Mr Gerry Sutcliffe: 296.

      Tellers for the Noes, Mr Mark Hoban, Mr Desmond Swayne: 183.

    So the Question was agreed to.

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

11    Local Government Finance,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Local Government Finance (England) Special Grant Report (No. 118) on Special Grant for Local Authorities Rated Excellent and 3* Education Performers under the Audit Commission's 2002 Comprehensive Performance Assessment, a copy of which was laid before this House on 14th April, be approved-(Mr Ivor Caplin):-It was agreed to.

12    Local Government Finance,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Local Government Finance (England) Special Grant Report (No. 119) on Special Grant for the Excellence in Cities and Excellence Cluster Programmes, a copy of which was laid before this House on 14th April, be approved-(Mr Ivor Caplin):-It was agreed to.

13    Racism and Xenophobia,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 119 (European Standing Committees), That this House 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 and 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-(Mr Ivor Caplin):-It was agreed to.

14    Better Environment for Business in the EU,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 119 (European Standing Committees), That this House 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 at present-(Mr Ivor Caplin):-It was agreed to.

15    Northern Ireland Grand Committee,-Ordered, That-

    (1) the matter of the Reinvestment and Reform Initiative: Investing in Northern Ireland's Future be referred to the Northern Ireland Grand Committee;

    (2) the Committee shall meet at Westminster on Monday 9th June at Five o'clock; and

    (3) at that sitting-

      (a) the Committee shall take questions under Standing Order No. 110 (Northern Ireland Grand Committee (questions for oral answer)), and shall then consider the matter referred to it under paragraph (1) above;

      (b) the Chairman shall interrupt proceedings not later than two hours after the commencement of proceedings on the matter referred to the Committee; and

      (c) at the conclusion of those proceedings, a motion for the adjournment of the Committee may be made by a Minister of the Crown, pursuant to paragraph (5) of Standing Order No. 116 (Northern Ireland Grand Committee (sittings)).-(Mr Ivor Caplin.)

16    Public Petitions,-Public Petitions from-

    (1) users of Knights Pharmacy, Longbridge, Birmingham, and other residents against the unrestricted opening of pharmacies able to dispense NHS prescriptions; and

    (2) residents of Buckinghamshire 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.

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

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

[Adjourned at 8.42 p.m.

Michael J. Martin
Speaker


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


APPENDIX I

Papers subject to Negative Resolution:

    1    Merchant Shipping,-Merchant Shipping (Categorisation of Registries of Relevant British Possessions) Order 2003 (S.I., 2003, No. 1248), dated 8th May 2003 [by Act] [Mr Secretary Darling].

    2    Patents,-Patents Act 1977 (Isle of Man) Order 2003 (S.I., 2003, No. 1249), dated 8th May 2003 [by Act] [Ms Rosie Winterton].

    3    Social Security,-Social Security (Contributions) (Amendment No. 4) Regulations 2003 (S.I., 2003, No. 1337), dated 19th May 2003 [by Act] [Dawn Primarolo].

Other Papers:

    4    Broadcasting,-Report and Financial Statements of the Radio Authority for 2002 [by Act] [Secretary Tessa Jowell].

    5    Extradition,-(1) Extradition (Safety of Maritime Navigation) (Amendment) Order 2003 (S.I., 2003, No. 1244), and

    (2) Extradition (Torture) (Amendment) Order 2003 (S.I., 2003, No. 1251),

    dated 8th May 2003 [by Act] [Mr Secretary Blunkett].

    6    Financial Reporting to Parliament,-Departmental Report 2003: The Government's Expenditure Plans for 2003-04 to 2005-06 for the Office of Fair Trading [by Command] [Cm. 5918] [Ms Secretary Hewitt].

    7    National Heritage,-Permanent allocations of items accepted in lieu of inheritance tax made in the Financial Year 2002-03 under sections 9(3) and (4) of the National Heritage Act 1980 [by Act] [Secretary Tessa Jowell].

    8    Regulatory Impact Assessments,-List of Regulatory Impact Assessments for 1st July to 31st December 2002 [by Command] [Cm. 5813] [Mr Douglas Alexander].

APPENDIX II

Standing Committees

    1    Anti-social Behaviour Bill,-The Speaker has appointed Mr George Stevenson an additional Chairman of Standing Committee G in respect of the Bill.

    2    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,-The Committee of Selection has discharged Mr Huw Edwards, Alan Keen and Mr Calum MacDonald from the Second Standing Committee on Delegated Legislation (nominated in respect of the draft Orders); and nominated in substitution Mr David Stewart, Brian White and Dr Alan Whitehead.

    3    Draft Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 and draft Enterprise Act 2002 (Anticipated Mergers) Order 2003,-The Committee of Selection has discharged Mr Jim Murphy and Ms Gisela Stuart from the Third Standing Committee on Delegated Legislation (nominated in respect of the draft Orders); and nominated in substitution Charlotte Atkins and Mr Roger Godsiff.

APPENDIX III

Reports from Select Committees

    1    Culture, Media and Sport,-Minutes of Evidence taken before the Culture, Media and Sport Committee [British Film Industry]; to be printed [No. 667-iv] [Mr Gerald Kaufman].

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

    3    Foreign Affairs,-Eighth Report from the Foreign Affairs Committee [Zimbabwe]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 339] [Donald Anderson].

    4    Health,-Minutes of Evidence taken before the Maternity Services Sub-Committee of the Health Committee [Inequalities in Access to Maternity Services]; to be printed [No. 696-ii] [Julia Drown].

    5    Home Affairs,-Minutes of Evidence taken before the Home Affairs Committee [Asylum Applications]; to be printed [No. 692-iii] [Mr Chris Mullin].

    6    Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,-Minutes of Evidence taken before the Urban Affairs Sub-Committee of the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee [Living Places: Cleaner, Safer, Greener]; to be printed [No. 673-ii] [Chris Mole].

    7    Regulatory Reform,-Thirteenth Report from the Regulatory Reform Committee [Proposal for the Regulatory Reform (Gaming Machines) Order 2003], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 715] [Mr Peter Pike].

    8    Scottish Affairs,-Minutes of Evidence taken before the Scottish Affairs Committee [Job Creation Potential of the Modernised Forth, Clyde and Union Canal]; to be printed [No. 717-i] [Mrs Irene Adams].

    9    Statutory Instruments,-Twentieth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 96-xx] [Mr David Tredinnick].

    10    Trade and Industry,-Minutes of Evidence taken before the Trade and Industry Committee [The Impact of the Introduction of 'Direct Payment' on Post Office Business]; to be printed [Nos. 718-i and -ii] [Mr Martin O'Neill].


[W.H., No. 61]

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.-(Derek Twigg.)

    And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 4.44 p.m.

Sir Alan Haselhurst
Deputy Speaker




 
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