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House of Commons
Session 2003 - 04
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House of Commons Votes and Proceedings
Monday 1st March 2004

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

PRAYERS.

1    Consolidation, &c., Bills,-Sir Patrick Cormack reported from the Select Committee appointed to join with a Committee of the House of Lords on Consolidation, &c., Bills, to which the Statute Law (Repeals) Bill [Lords], now pending in the House of Lords, was referred, That it had gone through the Bill; and had agreed to a Report which it had directed him to make to the House; and had directed him to report the Minutes of Evidence taken before it on 1st March.

    Report to lie upon the Table; and to be Printed [No 403-I]

    Minutes of Evidence to lie upon the Table; and to be printed [No. 403-II]

    Minutes of Proceedings of the Committee to be printed [No. 403-II].

2    First Standing Committee on Delegated Legislation,-Mr Martin Caton reported from the First Standing Committee on Delegated Legislation the draft Rates (Amendment) (Northern Ireland) Order 2004.

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

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

    The Lords have agreed to the European Parliamentary and Local Elections (Pilots) Bill; to which the Lords desire the concurrence of this House.

4    European Parliamentary and Local Elections (Pilots) Bill,-Lords Amendments to the European Parliamentary and Local Elections (Pilots) Bill to be considered to-morrow; and to be printed [Bill 63].

5    Christmas Day (Trading) Bill,-Ordered, That the Explanatory Notes relating to the Christmas Day (Trading) Bill be printed [Bill 20-EN].

6    Civil Service Bill,-The Order for reading the Civil Service Bill a second time on Friday 5th March was read and discharged.

    Ordered, That the Bill be read a second time on Friday 12th March.

7    Asylum and Immigration (Treatment of Claimants, Etc.) Bill (Programme) (No. 2),-Ordered, That-

    (1)     Paragraphs 4 and 5 of the Programme Order of 17th December 2003 shall be omitted;

    (2)     proceedings on consideration and Third Reading shall be taken at today's sitting in the order shown in the following table, and shall (so far as not previously concluded) be brought to a conclusion at the time specified in the second column

ProceedingsTime for conclusion of proceedings
Amendments relating to Clauses 1 and 2, Clause 6, Clause 15, Clauses 3 to 5. 1 hour 15 minutes after commencement of proceedings on consideration.
Amendments relating to Clauses 7 to 10. 2 hours 30 minutes after commencement of proceedings on consideration.
Amendments relating to Clause 11, Schedules 1 and 2, Clauses 12 and 13, Schedule 3, Clause 14, Clauses 16 to 29, Schedule 4, new Clauses, new Schedules, remaining proceedings on consideration.9 p.m.
Third reading10 p.m.-(Beverley Hughes.)

8    Asylum and Immigration (Treatment of Claimants, Etc.) Bill,-The House, according to Order, proceeded to consider the Asylum and Immigration (Treatment of Claimants, Etc.) Bill, as amended in the Standing Committee.

    An Amendment (No. 48) was proposed to the Bill, in page 2, line 4, to leave out from the word 'if' to the word 'he' in line 5 and insert the words 'at a leave or asylum interview' instead thereof.-(Beverley Hughes.)

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

    And it being one and a quarter hours after the commencement of proceedings on the Bill, the Deputy Speaker put the Question already proposed from the Chair, pursuant to Order [this day].

    Amendment (No. 48) made.

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

    Another Amendment (No. 99) proposed to the Bill, in page 2, line 30, at the end to insert the words

      '(4A)    Where a person is charged with an offence under subsections (1) and (2) above, and relies on a defence under subsections (3) and (4) above, if the person adduces evidence which is sufficient to raise an issue with respect to the matter, the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.'.-(Mr Mark Oaten.)

    Question put, That the Amendment be made;

    The House divided.

      Tellers for the Ayes, Bob Russell, Annette Brooke: 56.

      Tellers for the Noes, Mr Jim Murphy, Paul Clark: 309.

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

    Other Amendments (Nos. 49 to 52, 34, 53, 24, 54, 25, 55, 58 to 73, 28, 37, 29, 56, 57, 26, 35, 27 and 36) made to the Bill.

    Another Amendment (No. 23) proposed to the Bill, in page 8, line 5, to leave out Clause 7.-(Mr Hilton Dawson.)

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

    And it being two and a half hours after the commencement of proceedings on the Bill, the Deputy Speaker put the Question already proposed from the Chair.

    The House divided.

      Tellers for the Ayes, Mr Neil Gerrard, Ms Karen Buck: 82.

      Tellers for the Noes, Gillian Merron, Margaret Moran: 444.

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

    Other Amendments (Nos. 74 to 77) made to the Bill.

    Another Amendment (No. 30) proposed to the Bill, in page 11, line 6, to leave out Clause 11.-(Mr Mark Oaten.)

    Question proposed, That the Amendment be made;

    And it being Nine o'clock, the Deputy Speaker put the Question already proposed from the Chair.

    The House divided.

      Tellers for the Ayes, Richard Younger-Ross, Annette Brooke: 97.

      Tellers for the Noes, Mr Fraser Kemp, Charlotte Atkins: 303.

    The Speaker proceeded to put forthwith the Questions Amendments and a new Clause which had been selected for separate division.

    Another Amendment (No. 93) proposed to the Bill, in page 11, line 25, at the end to insert the words

      '(5A)    A party to the Tribunal's decision may apply within 7 days to the High Court or, in Scotland, to the Court of Session for review of the Tribunal's decision on the ground that the Tribunal made an error of law.

      (5B)    Where an application is made under this subsection-

      (a)    it shall be determined by a single judge by reference only to written submissions, unless the court on receiving such submissions is of the opinion that there are exceptional reasons for an oral hearing;

      (b)    the judge may affirm or reverse the Tribunal's decision, or remit for rehearing to the Tribunal;

      (c)    if, in any application to the High Court, the judge thinks that the application had no merit he shall issue a certificate under this paragraph.

      (5C)    Where the High Court or in Scotland the Court of Session affirms or reverses a review under this section a party to the review may bring an appeal as a point of law within 7 days-

      (a)    where the original decision was that of a judge of the Court of Session in Scotland to the Inner House of that Court; or

      (b)    in any other case, to the Court of Appeal.

      (5D)    An appeal under subsection (5C) may be brought only with the permission of-

      (a)    the court that made it, or

      (b)    the court referred to in subsection (5C)(a) or (b) if the High Court or Court of Session in Scotland refuses permission.

      (5E)    An application made under subsection (5D)(b) must be made within 7 days of the refusal of permission to appeal by the High Court or Court of Appeal.'-(Mr Dominic Grieve.)

    Question put, That the Amendment be made;

    The House divided.

      Tellers for the Ayes, Hugh Robertson, Mr Mark Francois: 188.

      Tellers for the Noes, Mr Fraser Kemp, Charlotte Atkins: 310.

    Another Amendment (No. 33) proposed to the Bill, in page 41, line 24, in the second column, at the beginning to insert the words

            '    Section 55.'.-(Mr Neil Gerrard.)

    Question put, That the Amendment be made;

    The House divided.

      Tellers for the Ayes, Mr Neil Gerrard, Ms Karen Buck: 84.

      Tellers for the Noes, Mr Fraser Kemp, Charlotte Atkins: 305.

    A Clause (NC8) (Initial decisions)-(Mr Humfrey Malins)-brought up and read the first time.

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

    The House divided.

      Tellers for the Ayes, Hugh Robertson, Mr Mark Francois: 179.

      Tellers for the Noes, Mr Fraser Kemp, Charlotte Atkins: 317.

    The Speaker proceeded to put forthwith the Questions on the remaining Amendments and new Clauses moved by a Minister of the Crown.

    Other Amendments (Nos. 78 to 86, 38, 87 to 89, 39 to 45, 90, 91, 46 and 47) made to the Bill.

    Clauses (NC2) (Provision of immigration services), (NC3) (Offences: advice of Director of Public Prosecutions), (NC4) (Enforcement powers: retention of documents), (NC5) (Seamen and aircrews: right of appeal), (NC6) (Control of entry) and (NC7) (Appeal from within United Kingdom)-(Mr John Heppell)-brought up, read the first time and added to the Bill.

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

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

    The House divided.

      Tellers for the Ayes, Gillian Merron, Mr Nick Ainger: 304.

      Tellers for the Noes, Richard Younger-Ross, Annette Brooke: 65.

    So the Question was agreed to.

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

9    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 Prison (Amendment) (Northern Ireland) Order 2004, which was laid before this House on 9th February, be approved-(Bridget Prentice):-It was agreed to.

10    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 Prison (Amendment) (Northern Ireland) Order 2004, which was laid before this House on 9th February, be approved-(Bridget Prentice):-It was agreed to.

11    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 Budget (Northern Ireland) Order 2004, which was laid before this House on 5th February, be approved-(Bridget Prentice):-It was agreed to.

12    Police,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Independent Police Complaints Commission (Investigatory Powers) Order 2004, which was laid before this House on 5th February, be approved-(Bridget Prentice):-It was agreed to.

13    Prevention and Suppression of Terrorism,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21 to 23) Order 2004, which was laid before this House on 20th January, be approved-(Bridget Prentice);

    And the Speaker's opinion as to the decision of the Question being challenged, the Division was deferred till Wednesday 3rd March, pursuant to Orders [28th June 2001 and 6th November 2003 (Deferred Divisions)].

14    Level of Certain Heavy Metals and Polycyclic Aromatic Hydrocarbons in Ambient Air,-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. 11645/03, draft Directive relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air; and supports the Government objectives of ensuring appropriate levels of protection for human health and of the environment but also resisting unnecessary measures that might have a disproportionate effect on United Kingdom industry-(Bridget Prentice):-It was agreed to.

15    Science and Technology,-Ordered, That Mr Tom Harris be discharged from the Science and Technology Committee and Kate Hoey be added.-(Mr John McWilliam, on behalf of the Committee of Selection.)

16    Public Petitions,-A Public Petition from Dibden residents against the erection of a TETRA telecommunications mast by Airwave mmO2 at Home Farm was presented and read; and ordered to lie upon the Table and to be printed.

17    Adjournment,-Resolved, That this House do now adjourn.-(Bridget Prentice.)

    And accordingly the House, having continued to sit till nine Minutes to Eleven o'clock, adjourned till to-morrow.

[Adjourned at 10.51 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 Negative Resolution:

    1    Open Spaces,-Draft Royal Parks and Other Open Spaces (Amendment) Regulations 2004 [by Act] [Secretary Tessa Jowell].

    2    Terms and Conditions of Employment,-Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2004 (S.I., 2004, No. 488), dated 26th February 2004 [by Act] [Ms Secretary Hewitt].

Other Papers:

    3    Air Force (Constitution),-Amendment List 8 to Regulations for the Royal Air Force Aeromedical Evacuation Service: Air Publication 3394 (Third Edition) [by Act] [Mr Secretary Hoon].

    4    Health and Personal Social Services (Northern Ireland),-Summary of Health, Personal Social Services and Special Agencies Accounts for 2001-02 [by Statutory Instrument]; to be printed [No. 334] [Mr Secretary Murphy].

    5    Judicature (Northern Ireland),-Accounts of Funds in Court in Northern Ireland for 2000-02, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 398] [Clerk of the House].

    6    National Audit,-Reports by the Comptroller and Auditor General on-

    (1) Evaluation of Regulatory Impact Assessments Compendium Report 2003-04, and

    (2) HM Customs and Excise: Tackling VAT Fraud

    [by Act]; to be printed [Nos. 358 and 357] [Clerk of the House].

    7    Reserve Forces,-Report under section 56(7) of the Reserve Forces Act 1996 on the making of a call-out order under section 56(1) of that Act [by Act] [Mr Secretary Hoon].

APPENDIX II

Standing Committees

    Draft Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2004,-The Committee of Selection has discharged Kali Mountford and Mr Simon Thomas from the Third Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations) and nominated in substitution Mr Ivan Henderson and Adam Price.

APPENDIX III

Reports from Select Committees

    1    Draft Gambling Bill,-Minutes of Evidence taken before the Joint Committee on the Draft Gambling Bill; to be printed [No. 139-xvi] [Mr John Greenway].

    2    Environment, Food and Rural Affairs,-Minutes of Evidence taken before the Milk Pricing Sub-Committee of the Environment, Food and Rural Affairs Committee [Milk Pricing]; to be printed [No. 335-ii] [Mr Michael Jack].

    3    Human rights,-Minutes of Evidence taken before the Joint Committee on Human Rights [Human Rights and Deaths in Custody]; to be printed [N0. 209-iv] [Jean Corston].

    4    International Development,--Minutes of Evidence taken before the International Development Committee [Migration and Development]; to be printed [No. 79-vi] [Tony Baldry].

    5    Public Accounts, -(1) Eleventh Report from the Committee of Public Accounts [Helping consumers benefit from competition in telecommunications]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 405];

    (2) Twelfth Report from the Committee [Getting it right: Improving decision-making and appeals in social security benefits]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 406];

    (3) Thirteenth Report from the Committee [Excess Votes 2002-03]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 407]; and

    (4) Minutes of Evidence taken before the Committee [Strategic Rail Authority: Improving passenger rail services through new trains]; to be printed [No. 408-i]

    [Mr Edward Leigh]

    6    Science and Technology,--Minutes of Evidence taken before the Science and Technology Committee [Scientific Publications]; to be printed [No. 399-i] [Dr Ian Gibson].

    7    Work and Pensions,--Minutes of Evidence taken before the Sub-Committee of the Work and Pensions Committee [DWP's Administration of IT Projects]; to be printed [No. 311-iv] [Sir Archy Kirkwood].



 
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