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Session 2002 - 03
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House of Commons Votes and Proceedings
Monday 15th September 2003

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

PRAYERS.

1    Third Standing Committee on Delegated Legislation,-Mr Roger Gale reported from the Third Standing Committee on Delegated Legislation the Animal By-Products Regulation 2003 (S.I., 2003, No. 1482).

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

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

    Northern Ireland (Monitoring Commission etc.) Bill [Lords],-The Lords have passed a Bill to make provision in connection with the establishment under international law of an independent commission with monitoring functions in relation to Northern Ireland; to make further provision about exclusion from Ministerial office in Northern Ireland; to make provision about reduction of remuneration of members of the Northern Ireland Assembly; to make provision about reduction of financial assistance under the Financial Assistance for Political Parties Act (Northern Ireland) 2000; to make provision about censure resolutions of the Northern Ireland Assembly; and for connected purposes; to which the Lords desire the concurrence of this House.

    Patients' Protection Bill [Lords],-The Lords have passed a Bill to prohibit the withdrawal or withholding of sustenance with the intention of causing the death of a patient; to which the Lords desire the concurrence of this House.

    Fireworks Bill,-The Lords have agreed to the Fireworks Bill, without Amendment.

3    Northern Ireland (Monitoring Commission etc.) Bill [Lords],-The Northern Ireland (Monitoring Commission etc.) Bill [Lords] was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 158].

4    Water Bill [Lords] (Programme) (No. 2),-A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 29th October 2002], That the Programme Order of 8th September 2003 in relation to the Water Bill [Lords] be amended by the substitution in paragraph (2) (time for conclusion of proceedings in Standing Committee) for the words 'Tuesday 21st October' of the words 'Thursday 23rd October'-(Mr Nick Ainger);

    The House divided.

      Tellers for the Ayes, Mr Vernon Coaker, Bridget Prentice: 240.

      Tellers for the Noes, Mr Mark Francois, Mr John Randall: 98.

    So the Question was agreed to.

5    Local Government Bill (Programme) (No. 4),-A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 29th October 2002], That the following provisions shall apply to the Local Government Bill for the purpose of supplementing the Orders of 7th January 2003, 28th January 2003 and 25th February 2003:

    Consideration of Lords Amendments

    1. Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption at this day's sitting.

    2. Those proceedings shall be taken in the order shown in the first column of the following Table, and each part of those proceedings shall (so far as not previously concluded) be brought to a conclusion at the time shown in the second column.

Lords AmendmentsTime for conclusion of proceedings
Nos. 3, 6, 19 and 2021/2 hours after the commencement of proceedings on the Motion for this Order
Nos. 1 and 2, 4 and 5, 7 to 18 and 21 to 56The moment of interruption

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 Nick Raynsford);

    The House divided.

      Tellers for the Ayes, Mr Vernon Coaker, Bridget Prentice: 237.

      Tellers for the Noes, Mr Mark Francois, Mr John Randall: 140.

    So the Question was agreed to.

6    Local Government Bill,-The Order of the day being read, for consideration of the Lords Amendments to the Local Government Bill;

    Mr Nick Raynsford, by Her Majesty's Command, acquainted the House, That Her Majesty, having been informed of the purport of the Bill, gives her consent, so far as Her Majesty's interest is concerned, That the House may do therein as it shall think fit.

    The House proceeded to consider the Lords Amendments to the Local Government Bill.

    Lords Amendment No. 3.

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

    The House divided.

      Tellers for the Ayes, Mr Vernon Coaker, Bridget Prentice: 258.

      Tellers for the Noes, Mr Mark Field, Mr Mark Francois: 154.

    So the Question was agreed to.

    Lords Amendment No. 6.

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

    The House divided.

      Tellers for the Ayes, Gillian Merron, Mr John Heppell: 256.

      Tellers for the Noes, Mr Mark Francois, Mr John Randall: 144.

    So the Question was agreed to.

    It being two and a half hours after the commencement of proceedings on the Motion relating to Local Government Bill (Programme) (No. 4), the Deputy Speaker put the remaining Questions necessary to dispose of the business to be concluded at that hour, pursuant to Order [this day].

    Lords Amendment No. 20.

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

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

    Amendments (c), (d), (e) and (f), consequential to Lords Amendment No. 20, were made to the Bill.

    Lords Amendment No. 19 was disagreed to.

    Lords Amendments Nos. 2, 4, 5, 7 to 18 and 21 to 42 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 18, 21, 22 and 27.

    Lords Amendment No. 43.

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

    And it being Ten o'clock, the Speaker put the Question already proposed from the Chair, pursuant to Order [this day].

    Lords Amendment No. 43 was agreed to.

    The Speaker then put forthwith the Question on the remaining Lords Amendments.

    Lords Amendments Nos. 44 to 56 agreed to, the Commons being willing to waive their privileges in respect of Lords Amendments Nos. 47, 48, 49, 53 and 54.

    Ordered, That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their Amendments Nos. 3, 6 and 19;

    That Paul Clark, Mr Edward Davey, Linda Gilroy, Mr Philip Hammond and Phil Hope be members of the Committee;

    That Phil Hope be the Chairman of the Committee;

    That three be the Quorum of the Committee;

    That the Committee do withdraw immediately.-(Paul Clark.)

7    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 Northern Ireland Act 2000 (Modification) (No. 2) Order 2003, which was laid before this House on 3rd July, be approved-(Gillian Merron):-It was agreed to.

8    Maritime Transport Security,-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. 8566/03, Commission Communication on enhancing maritime transport security and draft Regulation on enhancing ship and port facility security; and supports the Government's continuing commitment to working with the European Union to that end-(Gillian Merron):-It was agreed to.

9    European Scrutiny Committee,-Ordered, That Miss Anne McIntosh be discharged from the European Scrutiny Committee and Mr David Heathcoat-Amory be added.-(Gillian Merron.)

10    Standing Committee on the Inter-governmental Conference,-Ordered, That-

    (1) There shall be a standing committee, called the Standing Committee on the Inter-Governmental Conference on the Future of Europe.

    (2) At any sitting of the standing committee, the chairman may permit a Minister or Ministers to make statements on the Inter-Governmental Conference, and questions may then be put thereon by Members:

    Provided that no proceedings under this paragraph may continue after the expiry of a period of one and a half hours from their commencement, except with the leave of the Chairman.

    (3) At the conclusion of proceedings under paragraph (2), the committee may consider either of the following-

      (a) when a written report has been laid before Parliament by a Minister or Ministers, a Motion proposed from the chair 'That the committee has considered the report of [date] on the Inter-Governmental Conference'; or

      (b) a Motion for the adjournment of the committee, provided that a Minister of the Crown has given notice of a subject relating to the Inter-Governmental Conference for the debate on the adjournment not later than five days before the sitting.

    (4)(a) The chairman shall put any Questions necessary to dispose of the proceedings on any Motion under paragraph (3)(a), if not previously concluded, when the committee shall have sat for two and a half hours; and the chairman shall thereupon report that the committee has considered the report of [date] on the Inter-Governmental Conference, without putting any further Question;

      (b) in case of a Motion under paragraph (3)(b), the chairman shall adjourn the committee without putting any question, not later than two and a half hours after the committee has begun sitting.

    (5)(a) Notwithstanding Standing Order No. 86, the standing committee shall consist of those Members of the House nominated for the time being to the European Scrutiny Committee (appointed under Standing Order No. 143) and to the Foreign Affairs Committee (appointed under Standing Order No. 152); and

      (b) any Member of the House, not being a member of the committee, may take part in the proceedings of the committee and be counted in the quorum, but shall not vote or make any motion, except that any member of the government may move a Motion under paragraph (3)(b).

    (6) Members of the House of Lords may participate in the committee's proceedings, but no member of that House may vote or make any motion or be counted in the quorum.

    That this Order be a Standing Order of the House until the end of the next Session of Parliament.-(Gillian Merron.)

    Message to the Lords to acquaint them therewith.

11    Terms and Conditions of Employment,-Ordered, That the Working Time (Amendment) Regulations 2003 (S.I., 2003, No. 1684), be referred to a Standing Committee on Delegated Legislation.-(Gillian Merron.)

12    Public Health,-Ordered, That the Care Standards Act 2000 (Domiciliary Care Agencies and Nurses Agencies) (Amendment) (England) Regulations 2003 (S.I., 2003, No. 2323), be referred to a Standing Committee on Delegated Legislation.-(Gillian Merron.)

13    Local Government Bill,-Phil Hope reported from the Committee appointed to draw up Reasons to be assigned to the Lords for disagreeing to certain of their Amendments to the Local Government Bill, That it had drawn up the following Reasons, which it had directed him to report to the House:

    The Commons disagree to Lords Amendment No. 3 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 Commons disagree to Lords Amendments No.6 for the following Reason:-

      Because it would affect the levy of local revenues, and the Commons do not offer any further Reason, trusting that this reason may be deemed sufficient.

    The Commons disagree to Lords Amendment No. 19 for the following Reason:-

      Because it would alter the area of taxation, 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, with the Bill and Amendments.

14    Public Petitions,-A Public Petition from Cllr Ruth Burrow and residents of East Devon against a new town being built in East Devon was presented and read; and ordered to lie upon the Table and to be printed.

15    Adjournment,-Resolved, That this House do now adjourn.-(Gillian Merron.)

    And accordingly the House, having continued to sit till twenty-seven minutes past Ten o'clock, adjourned till to-morrow.

[Adjourned at 10.27 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 delivered to the Votes and Proceedings Office on Friday 12th September 2003 (Non-sitting Friday, S.O. No. 12) pursuant to Standing Order No. 158 (Presentation of command papers):

    1    Bulgaria (No. 1, 2003),-Agreement, done at Sofia on 21st February 2003, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Bulgaria on the Readmission of Persons, and Protocol for the implementation of the Agreement, with an Explanatory Memorandum [Cm. 5966] [Mr Secretary Straw].

    2    Defence, Foreign Affairs, International Development and Trade and Industry,-Government Response to the Second Report from the Defence Committee, the Second Report from the Foreign Affairs Committee, the Second Report from the International Development Committee and the Eighth Report from the Trade and Industry Committee, Session 2002-03, on Strategic Export Controls: Annual Report for 2001, Licensing Policy and Parliamentary Scrutiny [Cm. 5943] [Mr Secretary Straw].

Papers delivered to the Votes and Proceedings Office on Friday 12th September 2003 (Non-sitting Friday, S.O. No. 12) pursuant to Standing Order No. 159 (Presentation of statutory instruments):

Papers subject to Negative Resolution:

    3    Road Traffic,-Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2003 (S.I., 2003, No. 2335), dated 10th September 2003 [Mr Secretary Darling].

    4    Social Security,-(1) Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003 (S.I., 2003, No. 2275), and

    (2) State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I., 2003, No. 2274),

    dated 7th September 2003 [Mr Secretary Smith].

Papers presented or laid upon the Table on Monday 15th September 2003:

Papers subject to Negative Resolution:

    5    Legal Services Commission,-Criminal Defence Service (General) (No. 2) (Amendment No. 2) Regulations 2003 (S.I., 2003, No. 2378), dated 11th September 2003 [by Act] [Mr David Lammy].

    6    National Health Service,-(1) National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment (No. 2) Regulations 2003 (S.I., 2003, No. 2381), and

    (2) National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (S.I., 2003, No. 2382)

    dated 14th September 2003 [by Act] [Mr Secretary Reid].

    7    Social Security,-(1) Income Support (General) Amendment Regulations 2003 (S.I., 2003, No. 2379), dated 15th September, and

    (2) Social Security (Third Party Deductions and Miscellaneous Amendments) Regulations 2003 (S.I., 2003, No. 2325), dated 9th September 2003

    [by Act] [Mr Secretary Smith].

Other Papers:

    8    Convention on the Future of Europe,-Eleventh Progress Report from the United Kingdom National Parliament Representatives to the Convention on the Future of Europe [The Speaker].

    9    Crown Agents,-Account of the Crown Agents Holding and Realisation Board for 2002, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1091] [Clerk of the House].

    10    Disabled Persons (Services, Consultation and Representation),-Thirteenth Report on the Development of Services for People with a Mental Illness in England [by Act]; to be printed [No. 1036] [Mr Secretary Reid].

    11    Law Commissions,-Report of the Law Commission on Children: Their Non-accidental Death or Serious Injury (Criminal Trials) [by Act]; to be printed [No. 1054] [Mr Christopher Leslie].

    12    Marshall Aid Commemoration,-Account of the Marshall Aid Commemoration Commission for 2002-03 [by Act]; to be printed [No. 1090] [Clerk of the House].

    13    National Audit,-Report by the Comptroller and Auditor General on Achieving Improvements through Clinical Governance: A Progress Report on Implementation by NHS Trusts [by Act]; to be printed [No. 1055] [Clerk of the House].

    14    Police,-Report and Accounts of the Independent Police Complaints Authority for 2002-03 [by Act], with the Report of the Comptroller and Auditor General thereon; to be printed [No. 1061] [Mr Secretary Blunkett].

    15    Public Petitions,-Observations by the Secretary of State for Education and Skills on the Petition [17th July] from Anne Stephens for a fairer allocation of funding to schools in Somerset [by Standing Order]; to be printed [Clerk of the House].

APPENDIX II

Standing Committees

    1    Water Bill [Lords] (Programming Sub-Committee),-The Speaker has appointed Dr Nick Palmer and Kevin Brennan in place of Tony Cunningham and Paddy Tipping as members of the Programming Sub-Committee in respect of the Bill.

    2    Animal By-Products Regulations 2003 (S.I., 2003, No. 1482), - The Committee of Selection has discharged Jon Cruddas, Mr Iain Luke, Ms Debra Shipley and Dr Gavin Strang from the Third Standing Committee on Delegated Legislation (nominated in respect of the Regulations); and nominated in substitution Mr Russell Brown, Mr Kelvin Hopkins, Diana Organ and Mr James Plaskitt.

APPENDIX III

Reports from Select Committees

    1    Education and Skills,-Fourth Special Report from the Education and Skills Committee [Government Observations on the Fourth Report from the Committee, on Secondary Education: Diversity of Provision]; to be printed [No. 1096] [Mr Barry Sheerman].

    2    Environment, Food and Rural Affairs,-Minutes of Evidence taken before the Environment, Food and Rural Affairs Committee [Alternative Uses for Crops (Biofuels)]; to be printed [No. 929-iii] [Mr David Curry].

    3    Human Rights,-Minutes of Evidence taken before the Joint Committee on Human Rights [The International Covenant on Economic, Social and Cultural Rights]; to be printed [No. 1099-i] [Jean Corston].

    4    International Development,-Memorandum laid before the International Development Committee [Government Response to the Seventh Report from the Committee, Trade and Development at the WTO: Issues for Cancún]; to be printed [No. 1092] [Tony Baldry].

    5    Public Accounts,-Minutes of Evidence taken before the Committee of Public Accounts [Improving Service Delivery: The Forensic Science Service]; to be printed [No. 1097-i] [Mr Edward Leigh].

    6    Science and Technology,-Seventh Report from the Science and Technology Committee [Light Pollution and Astronomy], 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. 747-I and -II] [Dr Ian Gibson].

    7    Select Committees (Election of Chairman),-Mr Michael Jack reported from the Information Committee, That he had been chosen as Chairman of the Committee.


CORRIGENDUM

    The Votes and Proceedings of Wednesday 10th September should have had Issue No. 134 and those of Thursday 11th September should have had Issue No. 135.



 
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