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House of Commons
Session 2003 - 04
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House of Commons Votes and Proceedings
Monday 12th July 2004

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

PRAYERS.

1    Private Bills [Lords] (No Standing Order not previously inquired into applicable),-The Speaker laid upon the Table a Report from one of the Examiners of Petitions for Private Bills, That, in the case of the following Bill, originating in the Lords and referred after the First Reading thereof, no Standing Order not previously inquired into is applicable thereto:

    University of Wales, Cardiff Bill [Lords]

    Bill to be read a second time.

2    First Standing Committee on Delegated Legislation,-Mr Eric Forth reported from the First Standing Committee on Delegated Legislation the draft Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004.

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

3    Asylum and Immigration (Treatment of Claimants, Etc.) Bill (Programme) (No. 3),-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 Programme Orders of 17th December 2003 and 1st March 2004 relating to the Asylum and Immigration (Treatment of Claimants, etc.) Bill be supplemented as follows-

    Consideration of Lords Amendments

    1. Proceedings on consideration of Lords Amendments shall be taken at this day'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

Proceedings

Time for conclusion of proceedings

Amendments Nos 28, 29 and 42 to 62

1 hour 15 minutes after the commencement of proceedings

Amendments Nos 15, 30, 31, 17, 18, 14 and 16

3 hours 30 minutes after the commencement of proceedings

Amendments Nos 21 to 27, 19, 20, 32, 40, 41, 33, 34, 1 to 13, 35 to 39 and 63 to 69

10.00 p.m.

    Subsequent stages

    2. Any further Message from the Lords may be considered forthwith without any question being put.

    3. 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-(Margaret Moran);

    The House divided.

      Tellers for the Ayes, Bridget Prentice, Mr Vernon Coaker: 244.

      Tellers for the Noes, Mr John Randall, Mr Geoffrey Clifton-Brown: 125.

    So the Question was agreed to.

4    Asylum and Immigration (Treatment of Claimants, Etc.) Bill,-The House, according to Order, proceeded to consider the Lords Amendments to the Asylum and Immigration (Treatment of Claimants, Etc.) Bill.

    Lords Amendment No. 28.

    An Amendment ((a)) was proposed to the Lords Amendment, in line 14, to leave out '10 working' and insert '5', instead thereof.-(Mr David Lammy.)

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

    And it being one and a quarter hours after the commencement of proceedings on consideration of the Lords Amendments, the Deputy Speaker, pursuant to Order [this day], put the Question already proposed from the Chair:-It was agreed to.

    Amendment ((a)) was accordingly made to the Lords Amendment.

    The Deputy Speaker then put forthwith the remaining Questions necessary to dispose of the business to be concluded at that hour.

    Other Amendments ((b)) to ((g)) were made to the Lords Amendment.

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

    Lords Amendments No. 62.

    Amendment ((a)) was made to the Lords Amendment.

    The Lords Amendment, as amended, was agreed to.

    Lords Amendments Nos. 42 to 44 and 46 were disagreed to.

    An Amendment ((a)) was made to the Bill in lieu of Lords Amendment No. 46, disagreed to.

    Lords Amendment No. 61 was disagreed to.

    Other Amendments ((a)) to ((c)) were made to the Bill in lieu of Lords Amendments Nos. 42 to 44 and 61, disagreed to.

    Lords Amendments Nos. 29, 45 and 47 to 60 were agreed to.

    Lords Amendment No. 15.

    An Amendment ((a)) was proposed to the Lords Amendment, in line 5, after the word 'may', to insert the words ', following consultation with the bodies listed in subsection (5A).'-(Mr Humfrey Malins.)

    And the Question being proposed, That the Amendment be made:-The Amendment was, by the leave of the House, withdrawn.

    Another Amendment ((e)) was proposed to the Lords Amendment, in line 32, at the end to insert the words-

      '(ia)prescribe the circumstances which constitute a breach of a requirement to participate in community activities;'.-(Mr Humfrey Malins.)

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

    The House divided.

      Tellers for the Ayes, Hugh Robertson, Mr Geoffrey Clifton-Brown: 130.

      Tellers for the Noes, Gillian Merron, Charlotte Atkins: 240.

    So the Question was negatived.

    The Lords Amendment was agreed to.

    Lords Amendments Nos. 30 and 31 were agreed to.

    Lords Amendment No. 17.

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

    And it being three and a half hours after the commencement of proceedings on consideration of the Lords Amendments, the Deputy Speaker put the Question already proposed from the Chair:-It was agreed to.

    The Lords Amendment was accordingly agreed to.

    The Deputy Speaker then put forthwith the remaining Questions necessary to dispose of the business to be concluded at that hour.

    Lords Amendments Nos. 18, 14 and 16 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendment No. 18.

    Lords Amendment No. 21.

    An Amendment ((a)) was proposed to the Lords Amendment, in line 17, to leave out the word 'seven' and insert the word 'fourteen', instead thereof.-(Mr Humfrey Malins.)

    And the Question being proposed, That the Amendment be made:-The Amendment was, by the leave of the House, withdrawn.

    The Lords Amendment was agreed to.

    Lords Amendments Nos. 22 to 27, 19, 20, 32, 40, 41, 33, 34, 1 to 13, 35 to 39 and 63 to 69 were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendment No 27.

5    Patents Bill [Lords] (Programme) (No. 2),-Ordered, That the programme order of 7th June 2004 in relation to the Patents Bill [Lords] be varied as follows-

    Consideration and Third Reading

    1. Paragraphs 4 and 5 (consideration and Third Reading) shall be omitted.

    2. Proceedings on consideration and Third Reading shall (so far as not previously concluded) be brought to a conclusion at 1.30 p.m. on the day on which they are commenced.-(Mr John Heppell.)

6    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 Solicitors (Amendment) (Northern Ireland) Order 2004, which was laid before this House on 24th June, be approved-(Mr John Heppell):-It was agreed to.

7    Immigration,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Immigration (Provision of Physical Data) (Amendment) (No. 2) Regulations 2004, which were laid before this House on 10th June, be approved-(Charlotte Atkins):-It was agreed to.

8    Consumer Protection,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Tobacco Advertising and Promotion (Brandsharing) Regulations 2004, which were laid before this House on 26th May, be approved-(Charlotte Atkins):-It was agreed to.

9    Social Security,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Social Security (Income Support and Jobseeker's Allowance) Amendment Regulations 2004, which were laid before this House on 16th June, be approved-(Charlotte Atkins):-It was agreed to.

10    Adjournment,-A Motion was made, and the Question being proposed, That this House do now adjourn-(Charlotte Atkins);

    And it being Ten o'clock, the Motion for the adjournment of the House lapsed, without Question put.

11    Adjournment,-Resolved, That this House do now adjourn.-(Charlotte Atkins.)

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

[Adjourned at 10.12 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 9th July 2004 pursuant to Standing Order No. 158 (Presentation of command papers):

    1    Treaty Series (No. 28, 2004),-Protocol, done at London on 7th May 2003, amending the Convention between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Canada for the Avoidance of Double Taxation and the prevention of Fiscal Evasion with respect to Taxes on Income and Capital Gains, signed at London on 8th September 1978, as amended by the Protocol signed at Ottawa on 15th April 1980 and as further amended by the Protocol signed at London on 16th October 1985, with Exchange of Notes [Cm. 6264] [Mr Secretary Straw].

Papers delivered to the Votes and Proceedings Office on Friday 9th July 2004 pursuant to Standing Order No. 159 (Presentation of statutory instruments):

Papers subject to Affirmative Resolution:

    2    Health Care and Associated Professions,-(1) European Nursing and Midwifery Qualifications Designation Order of Council 2004 (S.I., 2004, No. 1766), and

    (2) Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004 (S.I., 2004, No. 1765),

    dated 7th July 2004, with Explanatory Memoranda thereon [Mr Secretary Reid].

Papers delivered to the Votes and Proceedings Office on Friday 9th July 2004 pursuant to Standing Order No. 159 (Presentation of statutory instruments):

Papers subject to Negative Resolution:

    3    Criminal Law,-Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) (Amendment) Order 2004 (S.I., 2004, No. 1747), dated 7th July 2004, with an Explanatory Memorandum [Mr Secretary Blunkett].

    4    Food,-Food Safety (General Food Hygiene) (Amendment) (England) Regulations 2004 (S.I., 2004, No. 1727), dated 7th July 2004 [Mr Secretary Reid].

    5    Health Care and Associated Professions,-(1) Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I., 2004, No. 1771), dated 9th July 2004;

    (2) Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules Order of Council 2004 (S.I., 2004, No. 1767),

    (3) Nursing and Midwifery Council (Fitness to Practise) Rules Order of Council 2004 (S.I., 2004, No. 1761),

    (4) Nursing and Midwifery Council (Midwives) Rules Order of Council 2004 (S.I., 2004, No. 1764), and

    (5) Nursing and Midwifery Order 2001 (Legal Assessors) Order of Council 2004 (S.I., 2004, No. 1763),

    dated 7th July 2004, with Explanatory Memoranda thereon [Mr Secretary Reid].

    6    Health and Safety,-Justification of Practices Involving Ionising Radiation Regulations 2004 (S.I., 20004, No. 1769), dated 8th July 2004, with an Explanatory Memorandum [Secretary Margaret Beckett].

    7    National Health Service,-National Health Service (Complaints) Regulations 2004 (S.I., 2004, No. 1768), dated 9th July 2004 [Mr Secretary Reid].

    8    Police,-(1) Police Act 1997 (Criminal Records) (Amendment) (No.2) Regulations 2004 (S.I., 2004, No. 1759), and

    (2) Police Pensions (Amendment) (No. 2) Regulations 2004 (S.I.,2004, No. 1760),

    dated 8th July 2004, with Explanatory Memoranda thereon [Mr Secretary Blunkett].

    9    Social Care,-Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2004 (S.I., 2004, No. 1770), dated 9th July 2004 [Mr Secretary Reid].

    10    Social Security,-Social Security (Students and Income-related Benefits) Amendment Regulations 2004 (S.I., 2004, No. 1708), dated 3rd July 2004, with an Explanatory Memorandum [Mr Secretary Smith].

Papers presented or laid upon the Table on Monday 12th July 2004:

Papers subject to Negative Resolution:

    11    Electricity,-Electricity (Exemption from the Requirement for a Generation Licence) (No. 2) Order 2004 (S.I., 2004, No. 1776), dated 8th July 2004 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].

    12    Town and Country Planning,-Town and Country Planning (Costs of Inquiries etc.) (Examination in Public) (England) Regulations 2004 (S.I., 2004, No. 1716), dated 5th July 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

    13    United Nations,-Iraq (United Nations Sanctions) Order 2000 (Amendment No. 2) Regulations 2004 (S.I., 2004, No. 1779), dated 12th July 2004 [by Act], with an Explanatory Memorandum [by Command] [Ruth Kelly].

Other Papers:

    14    2004 Spending Review,-Papers, entitled (1) 2004 Spending Review: New Public Spending Plans 2005-08, and

    (2) 2004 Spending Review: Public Service Agreements 2005-08

    [by Command] [Cm. 6237 and 6238] [Mr Chancellor of the Exchequer].

    15    Atomic Energy Authority,-Account of the Atomic Energy Authority Act 1954 for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 887] [Clerk of the House].

    16    Betting, Gaming and Lotteries,-Report and Accounts of:

    (1) the Horserace Betting Levy Board for 2003-04, and

    (2) the Horserace Totalisator Board for 2004

    [by Act] [Secretary Tessa Jowell].

    17    Coal Industry,-Account of the Coal Authority for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 888] [Clerk of the House].

    18    Competition,-Account of the Competition Commission for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 889] [Clerk of the House].

    19    Government Trading Funds,-Report and Accounts of the Defence Aviation Repair Agency for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 699] [Clerk of the House].

    20    Health Professions,-Report and Accounts of the Health Professions Council for 2003-04 [by Statutory Instrument] [Mr Secretary Reid].

    21    House of Commons Members Fund,-Account of the House of Commons Members' Fund for 2002-03, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 891] [Clerk of the House].

    22    Law Commission,-Report of the Law Commission on In The Public Interest: Publication of Local Authority Inquiry Reports [by Command] [Cm. 6274] [Mr David Lammy].

    23    National Audit,-Report by the Comptroller and Auditor General on Improving patient care by reducing the risk of hospital acquired infection: A progress report [by Act]; to be printed [No. 876] [Clerk of the House].

    24    Prisons,-Report of the Prisons and Probation Ombudsman for 2003-04 [by Command] [Cm. 6256] [Mr Secretary Blunkett].

APPENDIX II

Standing Committees

    Draft National Minimum Wage Regulations 1999 (Amendment) (No.2) Regulations 2004,-The Committee of Selection has discharged Mr Andrew Tyrie from the Ninth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr Henry Bellingham.

APPENDIX III

Reports from Select Committees

    1    Culture, Media and Sport,-Seventh Report from the Culture, Media and Sport Committee [Drugs and role models in sport: making and setting examples], together with Minutes of Evidence taken before the Committee and Appendices to the Minutes of Evidence; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 499] [Sir Gerald Kaufman].

    2    Environment, Food and Rural Affairs,-Minutes of Evidence taken before the Food Information Sub-Committee of the Environment, Food and Rural Affairs Committee [Food Information]; to be printed [No. 690-iv] [Mr Michael Jack].

    3    Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,-Ninth Report from the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee [Local Government Revenue], 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. 402-I] [Andrew Bennett]

    4    Science and Technology,-(1) Seventh Special Report from the Science and Technology Committee [Government Response to the Committee's Sixth Report, Session 2003-04, Within REACH: The EU's new chemicals strategy]; to be printed [No. 895]; and

    (2) Minutes of Evidence taken before the Committee [Beagle 2]; to be printed [No. 711-ii]

    [Dr Ian Gibson].



 
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