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Session 2003 - 04
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House of Commons Votes and Proceedings
Monday 29th March 2004

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

PRAYERS.

1    First Standing Committee on Delegated Legislation,-Mr Peter Pike reported from the First Standing Committee on Delegated Legislation the draft European Parliament (Disqualification) (United Kingdom and Gibraltar) Order 2004, and the draft European Parliament (Number of MEPs) (United Kingdom and Gibraltar) Order 2004.

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

2    Fourth Standing Committee on Delegated Legislation,-Mr Jonathan Sayeed reported from the Fourth Standing Committee on Delegated Legislation the draft Jobseeker's Allowance (Amendment) Regulations 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 Planning and Compulsory Purchase Bill, with Amendments; to which they desire the concurrence of this House.

    Domestic Violence, Crime and Victims Bill [Lords],-The Lords have passed a Bill to amend Part 4 of the Family Law Act 1996, the Protection from Harassment Act 1997 and the Protection from Harassment (Northern Ireland) Order 1997; to make provision about homicide; to make common assault an arrestable offence; to make provision about alternative verdicts; to provide for a procedure under which a jury tries only sample counts on an indictment; to make provision about findings of unfitness to plead and about persons found unfit to plead or not guilty by reason of insanity; to amend section 58 of the Criminal Justice Act 2003 and to amend Part 12 of that Act in relation to intermittent custody; and to make provision in relation to victims of offences, witnesses of offences and others affected by offences, to which they desire the concurrence of this House.

    Air Traffic Emissions Reduction Bill [Lords],-The Lords have passed a Bill to provide for the preparation and implementation of an integrated air transport plan to reduce air traffic emissions; to which the Lords desire the concurrence of this House.

4    Planning and Compulsory Purchase Bill,-Lords Amendments to the Planning and Compulsory Purchase Bill to be considered to-morrow; and to be printed [Bill 82].

5    Domestic Violence, Crime and Victims Bill [Lords],-The Domestic Violence, Crime and Victims Bill [Lords] was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 83].

6    Local Land Charges (Fees) Bill,-The Order for reading the Local Land Charges (Fees) Bill a second time on Friday 23rd April was read and discharged.

    Bill to be read a second time on Friday 30th April.

7    European Parliamentary and Local Elections (Pilots) Bill,-The House, according to Order, proceeded to consider the Lords Message [25th March] relating to the European Parliamentary and Local Elections (Pilots) Bill.

    A Motion was made, and the Question being proposed, That this House disagrees with the Lords in their Amendment No. 1F to Commons Amendment No. 1C-(Mr Christopher Leslie);

    And it being one hour after the commencement of proceedings on the Lords Message, the Deputy Speaker put the Question, pursuant to Order [8th March].

    The House divided.

      Tellers for the Ayes, Mr Fraser Kemp, Mr Vernon Coaker: 307.

      Tellers for the Noes, Hugh Robertson, Mr Mark Francois: 172.

    So the Question was agreed to.

    The Lords Amendment was accordingly disagreed to.

    A Motion was made, and the Question being put forthwith, pursuant to Orders [28th June 2001 and 6th November 2003 (Programming of Bills)], That a Committee be appointed to draw up a Reason to be assigned to the Lords for disagreeing to their Amendment No. 1F to Commons Amendment No. 1C.

    That Mr Nick Hawkins, Mr David Heath, Mr Christopher Leslie, Laura Moffatt and Bridget Prentice be members of the Committee.

    That Mr Christopher Leslie be the Chairman of the Committee.

    That three be the quorum of the Committee.

    That the Committee do withdraw immediately-(Mr John Heppell):-It was agreed to.

8    Employment Relations Bill,-The House, according to Order, proceeded to consider the Employment Relations Bill, as amended in the Standing Committee.

    A Clause (NC4) (Disapplication of qualifying period and upper age limit for unfair dismissal)-(Mr Gerry Sutcliffe)-brought up, read the first and second time, and added to the Bill.

    Another Clause (NC5) (Additional duties on employers informed of ballots)-(Mr Gerry Sutcliffe)-brought up, read the first and second time, and added to the Bill.

    Another Clause (NC6) (Unfair practices in relation to recognition ballots)-(Mr Gerry Sutcliffe)-brought up, read the first and second time, and added to the Bill.

    Another Clause (NC7) (Unfair practices in relation to derecognition ballots)-(Mr Gerry Sutcliffe)-brought up, read the first and second time, and added to the Bill.

    Another Clause (NC8) (Unfair practices: power to make provision about periods before notice of ballot)-(Mr Gerry Sutcliffe)-brought up, read the first and second time, and added to the Bill.

    Another Clause (NC1) (Dignity at work)-(Valerie Davey)-brought up, and read the first time.

    Question proposed, That the Clause be read a second time:-Clause, by leave, withdrawn.

    Another Clause (NC2) (Intimidation)-(Mr Henry Bellingham)-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 Mark Francois, Hugh Robertson: 152.

      Tellers for the Noes, Gillian Merron, Charlotte Atkins: 309.

    Another Clause (NC3) (Appeals)-(Mr Henry Bellingham)-brought up, and read the first time.

    Question proposed, That the Clause be read a second time:-Clause, by leave, withdrawn.

    Another Clause (NC9) (Right to strike)-(John McDonnell)-brought up, and read the first time.

    Question proposed, That the Clause be read a second time:-Clause, by leave, withdrawn.

    Another Clause (NC10) (Collective bargaining)-(John McDonnell)-brought up, and read the first time.

    Question proposed, That the Clause be read a second time:-Clause, by leave, withdrawn.

    Another Clause (NC14) (Effect of continuation of contract order on transfer of undertakings)-(John McDonnell)-brought up, and read the first time.

    Question proposed, That the Clause be read a second time:-Clause, by leave, withdrawn.

    Another Clause (NC16) (Exclusion or expulsion from trade union)-(John McDonnell)-brought up, and read the first time.

    Question proposed, That the Clause be read a second time:-Clause, by leave, withdrawn.

    Another Clause (NC18) (Protection of journalists)-(John McDonnell)-brought up, and read the first time.

    Question proposed, That the Clause be read a second time:-Clause, by leave, withdrawn.

    Amendments (Nos. 4 to 6) made to the Bill.

    Another Amendment (No. 15) proposed to the Bill, in page 21, line 8, to leave out from '(1)' to the word 'of' in line 9 and insert the words 'An employer shall not make an offer or a threat to any worker with the purpose or the effect', instead thereof.-(John McDonnell.)

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

    Another Amendment (No. 3) proposed to the Bill, in page 30, line 9, at the end, to insert the words-

      '(1A) The Secretary of State shall consult such persons as he considers appropriate on the establishment of works councils as an arrangement suitable for informing and consulting employees and shall publish the responses received pursuant to those consultations, together with guidance on best practice for works councils, before making the regulations referred to in subsection (1).'.-(Brian Cotter.)

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

    Another Amendment (No. 1) proposed to the Bill, in page 41, line 5, to leave out Clause No. 46.-(Mr Henry Bellingham.)

    Question proposed, That the Amendment be made.

    And it being three hours after the commencement of proceedings on the Bill, the Speaker put the Question, pursuant to Order [25th March].

    The House divided.

      Tellers for the Ayes, Hugh Robertson, Mr Mark Francois: 157.

      Tellers for the Noes, Mr John Heppell, Mr Nick Ainger: 315.

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

    And it being four hours after the commencement of proceedings on the Bill, the Deputy Speaker put the Question, pursuant to Order [25th March].

    The House divided.

      Tellers for the Ayes, Mr Nick Ainger, Mr John Heppell: 331.

      Tellers for the Noes, Mr Mark Francois, Hugh Robertson: 134.

    So the Question was agreed to.

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

9    European Parliamentary and Local Elections (Pilots) Bill,-Mr Christopher Leslie reported from the Committee appointed to draw up a Reason to be assigned to the Lords for disagreeing to their Amendment No. 1F to Commons Amendment No. 1C to Lords Amendment No. 1 to the European Parliamentary and Local Elections (Pilots) Bill, That it had drawn up the following Reason, which it had directed him to report to the House:

    The Commons disagree to Lords Amendment No. 1F for the following Reason:

      Because it is appropriate to pilot postal voting in four rather than three regions.

    The Reason was agreed to.

    Message to the Lords to communicate the said Reason, with the Bill and Amendment.

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 Northern Ireland Act 2000 (Modification) Order 2004, which was laid before this House on 4th March, be approved-(Paul Clark):-It was agreed to.

11    Terms and Conditions of Employment,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft National Minimum Wage Regulations 1999 (Amendment) Regulations 2004, which were laid before this House on 18th March, be approved-(Paul Clark):-It was agreed to.

12    Review of the Working Time Directive,-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. 5188/04, Commission Communication on the re-examination of Directive 93/104/EC concerning certain aspects of the organisation of working time; welcomes the review; supports the retention of the opt-out to the working time limit; and urges that a solution to the problems caused by the European Court of Justice cases of SiMAP and Jaeger is found-(Paul Clark):-It was agreed to.

13    Animals,-Ordered, That the Pet Travel Scheme (Pilot Arrangements) (England) (Amendment) Order 2004 (S.I., 2004, No. 828) be referred to a Standing Committee on Delegated Legislation.-(Paul Clark.)

14    Adjournment,-Resolved, That this House do now adjourn.-(Paul Clark.)

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

[Adjourned at 11.20 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    Consumer Protection,-Enterprise Act 2002 (Part 8) (Designation of the Financial Services Authority as a Designated Enforcer) Order 2004 (S.I., 2004, No. 935), dated 24th March 2004 [by Act] [Ms Secretary Hewitt].

    2    Freedom of Information,-Freedom of Information (Additional Public Authorities) Order 2004 (S.I., 2004, No. 938), dated 29th March 2004 [by Act] [Mr David Lammy].

    3    Merchant Shipping,-(1) Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) (Amendment) Regulations 2004 (S.I., 2004, No. 930), and

    (2) Merchant Shipping (Gas Carriers) (Amendment) Regulations 2004 (S.I., 2004, No. 929),

    dated 25th March 2004 [by Act] [Mr Secretary Darling].

    4    Security Industry,-(1) Private Security Industry Act 2001 (Designated Activities) Order 2004 (S.I., 2004, No. 917), and

    (2) Private Security Industry Act 2001 (Modification of Local Enactments) Order 2004 (S.I., 2004, No. 916),

    dated 24th March 2004 [by Act] [Mr Secretary Blunkett].

    5    Social Security,-Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2004 (S.I., 2004, No. 944), dated 29th March 2004 [by Act] [Dawn Primarolo].

Other Papers:

    6    Access to Justice,-Legal Services Commission Funding Code Procedures Amendments 2004 [by Act] [Mr David Lammy].

    7    Civil Aviation,-Statement of Guarantee given on 29th March 2004 in respect of temporary borrowing by the Civil Aviation Authority in pursuance of section 14 of the Civil Aviation Act 1982 [by Act] [Ruth Kelly].

    8    Foreign Affairs,-Government Response to the Second Report from the Foreign Affairs Committee, Session 2003-04, on Foreign Policy Aspects of the War Against Terrorism [by Command] [Cm. 6162] [Mr Secretary Straw].

    9    Home Office,-Paper, entitled One Step Ahead: A 21st Century Strategy to Defeat Organised Crime [by Command] [Cm. 6167] [Mr Secretary Blunkett].

    10    Juries,-Guidance for summoning officers when considering applications for deferral and excusal of jury service [by Act] [Mr David Lammy].

    11    National Audit,-Report by the Comptroller and Auditor General on Connexions Service: Advice and guidance for all young people [by Act]; to be printed [No. 484] [Clerk of the House].

    12    National Lottery,-Account of the Sports Council for Northern Ireland Lottery Distribution for 2002-03, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 448] [Clerk of the House].

    13    Sea Fisheries (Shellfish),-Report to Parliament under section 6 of the Sea Fisheries (Shellfish) Act 1967 of the applications to, and proceedings of, the Secretary of State under the provisions of the Act in the year ended 31st December 2003 [by Act] [Secretary Margaret Beckett].

    14    School Standards and Framework,-Accounts of-

    (1) Aston and Nechells Education Action Zone for 1st April 2003 to 31st December 2003,

    (2) Herefordshire Education Action Zone for 1st April 2003 to 31st August 2003, and

    (3) Kitts Green and Shard End Education Action Zone for 1st April 2003 to 31 December 2003

    with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 110, 497 and 498] [Clerk of the House].

    15    Water,-Statement by the Department for the Environment, Food and Rural Affairs on the value of the responsibilities of the Environment Agency Closed Pension Fund [by Act] [Secretary Margaret Beckett].

APPENDIX II

Standing Committees

    Draft European Parliament (Disqualification) (United Kingdom and Gibraltar) Order 2004, and the draft European Parliament (Number of MEPs) (United Kingdom and Gibraltar) Order 2004,-The Committee of Selection has discharged Mr Christopher Leslie from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Orders) and nominated in substitution Mr David Lammy.

APPENDIX III

Reports from Select Committees

    1    Education and Skills,-Minutes of Evidence taken before the Education and Skills Committee [National Skills Strategy: 14-19 Education]; to be printed [No. 197-vii] [Mr Barry Sheerman].

    2    Health,-Minutes of Evidence taken before the Health Committee [Obesity]; to be printed [No. 23-vii] [Mr David Hinchliffe].

    3    Human Rights,-Tenth Report from the Joint Committee on Human Rights [Scrutiny of Bills: Fourth Progress Report; together with Appendices; to be printed, with the Minutes of Proceedings relating to the Report [No. 503] [Jean Corston].

    4    Northern Ireland Affairs,-Minutes of Evidence taken before the Sub-Committee of the Northern Ireland Affairs Committee [Social Housing Provision in Northern Ireland]; to be printed [No. 493-ii] [Mr Tony Clarke].

    5    Public Accounts,-(1) Seventeenth Report from the Committee of Public Accounts [Hip replacements: An update]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 40];

    (2) Eighteenth Report from the Committee [PFI: The New Headquarters for the Home Office]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 501];

    (3) Nineteenth Report from the Committee [Making a difference: Performance of maintained secondary schools in England]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 104]; and

    (4) Minutes of Evidence taken before the Committee [Cambridge-MIT Institute]; to be printed [No. 502-i]

    [Mr Edward Leigh].

    6    Science and Technology,-Minutes of Evidence taken before the Science and Technology Committee [The work of the Council for the Central Laboratory of the Research Councils]; to be printed [No. 462-i] [Dr Ian Gibson].

    7    Welsh Affairs,-Minutes of Evidence taken before the Welsh Affairs Committee [Manufacturing and Trade in Wales]; to be printed [No. 323-v] [Mr Martyn Jones].

    8    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-vi] [Sir Archy Kirkwood].


CORRIGENDUM

    In the Votes and Proceedings for Friday 26th March, the following should have appeared after Item 3:

    Retirement Income Reform Bill,-The Order for reading the Retirement Income Reform Bill a second time this day was read and discharged.



 
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