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Session 2003 - 04
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House of Commons Votes and Proceedings
Wednesday 17th December 2003

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

PRAYERS.

1    Queen's Speech (Answer to Address),-The Vice-Chamberlain of the Household reported to the House, That Her Majesty, having been attended with its Address of 4th December, was pleased to receive the same very graciously and give the following Answer:

    I have received with great satisfaction the dutiful and loyal expression of your thanks for the speech with which I opened the present Session of Parliament.

2    European Community,-The Vice-Chamberlain of the Household reported to the House, That its Addresses of 15th December had been presented to Her Majesty; and that Her Majesty had been pleased to receive the same very graciously and to give the following Answer:

    I have received your Addresses praying that the European Communities (Definition of Treaties) (Euro-Mediterranean Agreement Establishing an Association between the European Communities and their Member States and the People's Democratic Republic of Algeria) Order 2003 and the European Communities (Definition of Treaties) (Euro-Mediterranean Agreement Establishing an Association between the European Communities and their Member States and the Republic of Lebanon) Order 2003 be made in the form of the drafts laid before your House on 4th November, in the last Session of Parliament.

    I will comply with your request.

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

    The Lords have come to the following Resolution, to which they desire the agreement of this House:

    That it is expedient that a Joint Committee of Lords and Commons be appointed to consider and report on the draft Disability Discrimination Bill presented to both Houses on 3rd December (Cm. 6058), and that the Committee should report on the draft Bill by the end of April 2004.

4    Asylum and Immigration (Treatment of Claimants, etc.) Bill,-The Order of the day being read, for the second reading of the Asylum and Immigration (Treatment of Claimants, etc.) Bill;

    And a Motion being made, and the Question being proposed, That the Bill be now read a second time;

    An Amendment was proposed to the Question, to leave out from the word 'That' to the end of the Question and add the words 'this House declines to give a Second Reading to the Asylum and Immigration (Treatment of Claimants, etc.) Bill because it contains provision that would make children destitute', instead thereof.-(Mr Hilton Dawson.)

    And the Question being proposed, That the Amendment be made;

5    Royal Assent,-The Deputy Speaker notified the House, in accordance with the Royal Assent Act 1967, That Her Majesty had signified her Royal Assent to the following Act, agreed upon by both Houses:

      Consolidated Fund (No. 2) Act 2003.

6    Asylum and Immigration (Treatment of Claimants, etc.) Bill,-The Question being again proposed, That the Amendment be made;

7    Deferred Divisions,-The Deputy Speaker announced the results of the Division which had been deferred to this day, pursuant to the Orders of the House [28th June 2001 and 6th November 2003 (Deferred Divisions)]:

    Extradition,-That the draft Extradition Act 2003 (Designation of Part 2 Territories) Order 2003, which was laid before this House on 3rd December, be approved.

      Ayes: 243.

      Noes: 43.

    So the Question was agreed to.

8    Asylum and Immigration (Treatment of Claimants, etc.) Bill,-The Question being again proposed, That the Amendment be made;

    And the Question being put;

    The House divided.

      Tellers for the Ayes, Mr Neil Gerrard, Mr Kelvin Hopkins: 78.

      Tellers for the Noes, Mr Nick Ainger, Bridget Prentice: 287.

    So the Question was negatived.

    And the Main Question being put forthwith, pursuant to Standing Order No. 62 (Amendment on second or third reading);

    The House divided.

      Tellers for the Ayes, Mr Nick Ainger, Bridget Prentice: 412.

      Tellers for the Noes, Mr Alan Reid, Richard Younger-Ross: 72.

    So the Question was agreed to.

    The Bill was accordingly read a second time.

9    Asylum and Immigration (Treatment of Claimants, etc.) Bill (Programme),-A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 6th November 2003 (Programming of Bills)], That the following provisions shall apply to the Asylum and Immigration (Treatment of Claimants etc.) Bill:

    Committal

    1. The Bill shall be committed to a Standing Committee.

    Proceedings in Standing Committee

    2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 27th January 2004.

    3. The Standing Committee shall have leave to sit twice on the first day on which it meets.

    Consideration and Third Reading

    4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

    Programming Committee

    6. Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

    Programming of proceedings

    7. All proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed-(Mr Jim Murphy);

    The House divided.

      Tellers for the Ayes, Mr Nick Ainger, Bridget Prentice: 308.

      Tellers for the Noes, Gregory Barker, Angela Watkinson: 133.

    So the Question was agreed to.

10    Asylum and Immigration (Treatment of Claimants, etc.) Bill [Money],-Her Majesty's Recommendation having been signified to the proposed Motion relating to Asylum and Immigration (Treatment of Claimants, etc.) Bill [Money];

    A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Asylum and Immigration (Treatment of Claimants, etc.) Bill, it is expedient to authorise the payment out of money provided by Parliament of-

    (1) expenditure of a Minister of the Crown in connection with the Act, and

    (2) any increase attributable to the Act in sums payable out of money provided by Parliament under another enactment-(Mr Jim Murphy):-It was agreed to.

11    Asylum and Immigration (Treatment of Claimants, etc.) Bill [Ways and Means],-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Asylum and Immigration (Treatment of Claimants, etc.) Bill, it is expedient to authorise the charging of fees in relation to applications and processes under the Immigration Acts-(Mr Jim Murphy):-It was agreed to.

12    Justice,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Justice (Northern Ireland) Act 2002 (Amendment of section 46(1) and paragraph 7(2) of Schedule 8) Order 2003, which was laid before this House on 27th November, be approved-(Mr Jim Murphy):-It was agreed to.

13    Public Petitions,-Public Petitions from-

    (1) residents of Hockley, Essex, against the proposed closure of Apex Corner Post Office; and

    (2) residents of Osbaldwick, York, for a planning inquiry into proposals for housing development in Metcalfe Lane, Osbaldwick, York

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

14    Adjournment,-A Motion was made, and the Question being proposed, That this House do now adjourn-(Mr Jim Murphy);

    And the Motion having been made after Seven o'clock, and the Debate having continued for half an hour, the Deputy Speaker adjourned the House, without Question put, pursuant to the Standing Order, it being then a quarter past Eight o'clock, till to-morrow.

[Adjourned at 8.15 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    Northern Ireland,-Draft Primary Medical Services (Northern Ireland) Order 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy].

Papers subject to Negative Resolution:

    2    Criminal Law,-Intermittent Custody (Transitory Provisions) Order 2003 (S.I., 2003, No. 3283), dated 15th December 2003 [by Act] [Mr Secretary Blunkett].

    3    Environmental Protection,-Pollution Prevention and Control (England and Wales) (Amendment) (No. 2) Regulations 2003 (S.I., 2003, No. 3296), dated 16th December 2003 [by Act] [Secretary Margaret Beckett].

    4    Immigration,-Statement of Changes in Immigration Rules [by Act]; to be printed [No. 95] [Mr Secretary Blunkett].

    5    Taxes,-Reporting of Savings Income Information Regulations 2003 (S.I., 2003, No. 3297), dated 16th December 2003 [by Act] [Dawn Primarolo].

Other Papers:

    6    European Communities (No. 6, 2003),-Council Decision of 25th June and 23rd September 2002 amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to Decision 76/787/ECSC, EEC, EURATOM (2002/772/EC, Euratom), with an Explanatory Memorandum [by Command] [Cm. 6093] [Mr Secretary Straw].

    7    Export of Works of Art,-Report of the Reviewing Committee on Export of Works of Art for 2002-03 [by Command] [Cm. 6048] [Secretary Tessa Jowell].

    8    Government Resource and Accounts,-(1) Resource Accounts of-

    (i) Food Standards Agency: Westminster Funded, and

    (ii) Trade and Industry: Combined Accounts for United Kingdom Atomic Energy Authority Superannuation Schemes

    for 2002-03, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 38 and 99] [Ruth Kelly]; and

    (2) Resource Accounts for 2002-03 of-

    (i) House of Commons: Administration, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 67] [The Speaker], and

    (ii) House of Commons: Members, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 68] [Clerk of the House].

    9    Home Office,-Home Office Minutes, dated 17th December 2003, concerning proposed contingent liabilities consequent upon provision of an indemnity to operators of New Detection Technology in-

    (1) France, and

(2) Belgium, the Netherlands and Germany

    in respect of both the equipment and the structures housing NDT [by Command] [Mr Secretary Blunkett].

    10    International Development,-Department for International Development Minute, dated 17th December, on Day Chocolate Company Loan Guarantee [by Command] [Hilary Benn].

    11    Office of the Deputy Prime Minister,-Office of the Deputy Prime Minister: Autumn Performance Report 2003 [by Command] [Cm. 6074] [Mr Secretary Prescott].

    12    Public Administration,-Government Response to the Fourth Report from the Select Committee on Public Administration, Session 2002-03, on 'Government by Appointment: Opening Up the Patronage State' [by Command] [Cm. 6056] [Mr Douglas Alexander].

    13    Telecommunications,-Report of the Director General of Telecommunications for 2003 [by Act]; to be printed [No. 54] [Ms Secretary Hewitt].

    14    Transport,-Government Response to the Eighth Report from the Transport Committee, Session 2002-03, on the work of the Highways Agency [by Command] [Cm. 6088] [Mr Secretary Darling].

    15    Treaty Series (No. 50, 2003),-Protocol, done at Port Louis on 27th March 2003, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Mauritius to amend the Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital Gains, signed at London on 11th February 1981, as amended by the Protocol signed at Port Louis on 23rd October 1986 [by Command] [Cm. 6082] [Mr Secretary Straw].

    16    Work and Pensions,-Department for Work and Pensions: Autumn Performance Report 2003 [by Command] [Cm. 6044] [Mr Secretary Smith].

APPENDIX II

Standing Committees

    1    Child Trust Funds Bill:

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

    (2) the Committee of Selection has nominated twenty-one Members to serve on the Committee: Mr Peter Atkinson, Mr Harry Barnes, Mr David Cameron, Mr Iain Coleman, Ross Cranston, Jon Cruddas, Mr Hilton Dawson, Clive Efford, Jim Fitzpatrick, Mr Michael Jabez Foster, Ruth Kelly, Norman Lamb, Mr David Laws, Mr Ian Liddell-Grainger, Mr Andrew Love, Mr George Osborne, Linda Perham, James Purnell, Mr Andrew Robathan, Dr Desmond Turner and Mr Michael Weir.

    2    Asylum and Immigration (Treatment of Claimants, etc.) Bill:

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

    (2) the Committee of Selection has nominated twenty-one Members to serve on the Committee: Mr Richard Bacon, Mr Bob Blizzard, Mrs Claire Curtis-Thomas, Annabelle Ewing, Mr Barry Gardiner, Mr Neil Gerrard, Mr Tom Harris, Mr David Heath, Mr John Heppell, Beverley Hughes, Mr Jon Owen Jones, Mr David Lammy, Mr Tony McWalter, Mr Humfrey Malins, Mr Mark Oaten, Mr Gwyn Prosser, Mr Marsha Singh, Sir Teddy Taylor, Mr Andrew Turner, Angela Watkinson and Mrs Betty Williams.

    3    Draft Solvent Emissions (England and Wales) Regulations 2004:

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

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Nick Ainger, Norman Baker, Peter Bradley, Mr David Chaytor, Mr James Clappison, Sue Doughty, Mr Huw Edwards, Mr Michael Fallon, Mr James Gray, Alan Howarth, Alan Keen, Alun Michael, Mr Brian Sedgemore, Keith Vaz, Dr Alan Whitehead and Mr David Wilshire.

    4    Draft European Communities (Definition of Treaties) (Common Electoral Principles) Order 2004:

    (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: Annette Brooke, Mr David Clelland, Geraint Davies, Mrs Janet Dean, Mr Bill Etherington, Mrs Lorna Fitzsimons, David Hamilton, Mr Nick Hawkins, Mr Boris Johnson, Mr Christopher Leslie, Ann McKechin, Bridget Prentice, Mr John Redwood, Mr Martin Salter, Mr Paul Tyler and Angela Watkinson.

European Standing Committees

    5    European Union Document No. 14686/03, relating to Procedures for granting and withdrawing refugee status, 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 of Iraq]; to be printed [No. 57-iii and -iv] [Bruce George].

    2    Education and Skills,-(1) First Special Report from the Education and Skills Committee [Government Response to the seventh Report from the Committee, Session 2002-03, on Secondary Education: Pupil Achievement]; to be printed [No. 147]; and

    (2) Minutes of Evidence taken before the Committee [Ministerial Annual Review]; to be printed [No. 75-iii]

    [Mr Barry Sheerman].

    3    Environmental Audit,-Minutes of Evidence taken before the Environmental Audit Committee [GM Food-Evaluating the Farm Scale Trials]; to be printed [No. 90-iii] [Mr Peter Ainsworth].

    4    Environment, Food and Rural Affairs,-(1) Minutes of Evidence taken before the Environment, Food and Rural Affairs Committee [Rural Delivery Review] together with Memoranda laid before the Committee; to be printed [No. 148]; and

    (2) Memorandum laid before the Committee [US 'Ghost Ships']

    [Mr Michael Jack].

    5    European Scrutiny,-Third Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 42-iii] [Mr Jimmy Hood].

    6    Northern Ireland Affairs,-First Report from the Northern Ireland Affairs Committee [Annual Report 2003]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 146] [Mr Michael Mates].

    7    Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,-Memoranda laid before the Committee [The Role of Historic Buildings in Urban Regeneration]; to be printed [No. 47-II] [Andrew Bennett].

    8    Transport,-(1) First Report from the Transport Committee [Traffic Management Bill]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 144] [Mrs Louise Ellman]; and

    (2) Minutes of Evidence taken before the Committee [Traffic Law and its Enforcement]; to be printed [No. 105-ii] [Mrs Gwyneth Dunwoody].

    9    Work and Pensions,-Minutes of Evidence taken before the Work and Pensions Committee [Child Poverty in the UK]; to be printed [No. 85-ii] [Sir Archy Kirkwood].

[W.H., No. 5]

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 Fraser Kemp.)

    And accordingly the sitting was adjourned till Tuesday 6th January, pursuant to Order [27th November] and Resolution [4th December].

[Adjourned at 4.29 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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