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House of Commons
Session 2003 - 04
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House of Commons Votes and Proceedings
Tuesday 13th July 2004

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

PRAYERS.

1    Regulatory Reform,-Mr Peter Pike reported from the Regulatory Reform Committee the following Resolution:

    That the draft Regulatory Reform (Local Commissioner for Wales) Order 2004, which was laid before this House on 24th June, should be approved.

    The Committee came to this Resolution without a Division.

2    Second Standing Committee on Delegated Legislation,-Miss Anne Begg reported from the Second Standing Committee on Delegated Legislation the draft Community Radio Order 2004.

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

3    Third Standing Committee on Delegated Legislation,-Mr David Amess reported from the Third Standing Committee on Delegated Legislation the draft Motor Vehicles (International Circulation) (Amendment) Order 2004.

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

4    Fifth Standing Committee on Delegated Legislation,-Mr Mike Hancock reported from the Fifth Standing Committee on Delegated Legislation the draft Anti-Social Behaviour (Northern Ireland) Order 2004 and the draft Criminal Justice (No. 2) (Northern Ireland) Order 2004.

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

5    Sixth Standing Committee on Delegated Legislation,-Mr Eric Forth reported from the Sixth Standing Committee on Delegated Legislation the draft European Communities (Definition of Treaties) (Stabilisation and Association Agreement between the European Communities and their Member States, and the Republic of Croatia) Order 2004.

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

6    Seventh Standing Committee on Delegated Legislation,-Mr John Cummings reported from the Seventh Standing Committee on Delegated Legislation the draft Representation of the People (Form of Canvass) (England and Wales) Regulations 2004 and the draft Representation of the People (Form of Canvass) (Scotland) Regulations 2004.

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

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

    The Lords have agreed to the Scottish Parliament (Constituencies) Bill, without Amendment.

8    Fisheries Jurisdiction Bill,-The Order for reading the Fisheries Jurisdiction Bill a second time on Friday 16th July was read and discharged.

    Bill to be read a second time on Friday 15th October.

9    Motor Vehicle Manslaughter,-Ordered, That leave be given to bring in a Bill to create offences of motor vehicle manslaughter and aggravated motor vehicle manslaughter; to amend the law relating to road traffic; and for connected purposes: And that Jim Knight, Alice Mahon, Ian Lucas, Mr Andrew Miller, Bob Russell, Tim Loughton, Mrs Louise Ellman, Mr Denis Murphy, Mr David Kidney, Mr Alan Campbell, Clive Efford and Mr David Amess do prepare and bring it in.

10    Motor Vehicle Manslaughter Bill,-Jim Knight accordingly presented a Bill to create offences of motor vehicle manslaughter and aggravated motor vehicle manslaughter; to amend the law relating to road traffic; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 15th October and to be printed [Bill 139].

11    Statute Law (Repeals) Bill [Lords],-The Order of the day being read, for the Second Reading of the Statute Law (Repeals) Bill [Lords];

    And a Motion being made, and the Question being put forthwith, pursuant to Standing Order No. 58 (Consolidation Bills), that the Bill be now read a second time:-It was agreed to.

    The Bill was accordingly read a second time.

    A Motion was made, and the Question being put forthwith, That the Bill be not committed-(Jim Fitzpatrick):-It was agreed to.

    A Motion was made, and the Question being put forthwith, That the Bill be now read the third time:-It was agreed to.

    The Bill was accordingly read the third time, and passed, without Amendment.

12    Energy Bill [Lords],-The House, according to Order, proceeded to consider the Energy Bill [Lords], as amended in the Standing Committee.

    A Clause (NC4) (Microgeneration)-(Mr Stephen Timms)-brought up, read the first and second time, and added to the Bill.

    Another Clause (NC5) (Annual report on security of energy supplies)-(Mr Stephen Timms)-brought up, read the first and second time, and added to the Bill.

    Another Clause (NC7) (Imposition of renewable transport fuel obligations)-(Mr Stephen Timms)-brought up, read the first and second time, and added to the Bill.

    Another Clause (NC8) (Administrator)-(Mr Stephen Timms)-brought up, read the first and second time, and added to the Bill.

    Another Clause (NC9) (Further provision relating to RTF orders)-(Mr Stephen Timms)-brought up, read the first and second time, and added to the Bill.

    Another Clause (NC10) (Renewable transport fuel certificates)-(Mr Stephen Timms)-brought up, read the first and second time, and added to the Bill.

    Another Clause (NC11) (Discharge of obligation by payment)-(Mr Stephen Timms)-brought up, read the first and second time, and added to the Bill.

    Another Clause (NC12) (Imposition of civil penalties)-(Mr Stephen Timms)-brought up, read the first and second time, and added to the Bill.

    Another Clause (NC13) (Objections to civil penalties)-(Mr Stephen Timms)-brought up, read the first and second time, and added to the Bill.

    Another Clause (NC14) (Appeals against civil penalties)-(Mr Stephen Timms)-brought up, read the first and second time, and added to the Bill.

    Another Clause (NC15) (Interpretation of Chapter 4 of Part 2)-(Mr Stephen Timms)-brought up, read the first and second time, and added to the Bill.

    Another Clause (NC1) (Regulations relating to proposed disconnection of electricity supply)-(Miss Anne McIntosh)-brought up, and read the first time.

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

    Another Clause (NC17) (Environmental principles for purposes of Part 1)-(Norman Baker)-brought up, and read the first time.

    Question put, That the Clause be read a second time.

    The House divided.

      Tellers for the Ayes, Bob Russell, Mr Alan Reid: 39.

      Tellers for the Noes, Charlotte Atkins, Joan Ryan: 273.

    It being after Six o'clock, the Deputy Speaker, pursuant to Order [10th May], put the Questions on the Amendments moved by a Minister of the Crown to be disposed of at that hour.

    Amendment (No. 5) proposed to the Bill, in page 79, line 23, at the end, to insert the words-

    '36B Duties in relation to navigation

    (1) Neither the Secretary of State nor the Scottish Ministers may grant a consent in relation to any particular offshore generating activities if he considers, or (as the case may be) they consider, that interference with the use of recognised sea lanes essential to international navigation-

      (a) is likely to be caused by the carrying on of those activities; or

      (b) is likely to result from their having been carried on.

    (2) It shall be the duty both of the Secretary of State and of the Scottish Ministers, in determining-

      (a) whether to give a consent for any particular offshore generating activities, and

      (b) what conditions to include in such a consent,

    to have regard to the extent and nature of any obstruction of or danger to navigation which (without amounting to interference with the use of such sea lanes) is likely to be caused by the carrying on of the activities, or is likely to result from their having been carried on.

    (3) In determining for the purposes of this section what interference, obstruction or danger is likely and its extent and nature, the Secretary of State or (as the case may be) the Scottish Ministers must have regard to the likely overall effect (both while being carried on and subsequently) of-

      (a) the activities in question; and

      (b) such other offshore generating activities as are either already the subject of consents or are activities in respect of which it appears likely that consents will be granted.

    (4) For the purposes of this section the effects of offshore generating activities include-

      (a) how, in relation to those activities, the Secretary of State and the Scottish Ministers have exercised or will exercise their powers under section 36A above and section 101 of the Energy Act 2004 (extinguishment of public rights of navigation); and

      (b) how, in relation to those activities, the Secretary of State has exercised or will exercise his powers under sections 94 and 95 and Chapter 3 of Part 2 of that Act (safety zones and decommissioning).

    (5) If the person who has granted a consent in relation to any offshore generating activities thinks it appropriate to do so in the interests of the safety of navigation, he may at any time vary conditions of the consent so as to modify in relation to any of the following matters the obligations imposed by those conditions-

      (a) the provision of aids to navigation (including, in particular, lights and signals);

      (b) the stationing of guard ships in the vicinity of the place where the activities are being or are to be carried on; or

      (c) the taking of other measures for the purposes of, or in connection with, the control of the movement of vessels in that vicinity.

    (6) A modification in exercise of the power under subsection (5) must be set out in a notice given by the person who granted the consent to the person whose obligations are modified.

    (7) In this section-

    'consent' means a consent under section 36 above;

    'offshore generating activities' means-

      (a) the construction or operation of a generating station that is to comprise or comprises (in whole or in part) renewable energy installations; or

      (b) an extension of a generating station that is to comprise (in whole or in part) renewable energy installations or an extension of such an installation;

    'the use of recognised sea lanes essential to international navigation' has the same meaning as in Article 60(7) of the United Nations Convention on the Law of the Sea 1982 (Cmnd. 8941).

    (8) In subsection (7) 'extension', in relation to a renewable energy installation, has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004.".'.-(Mr Stephen Timms.)

    Question proposed, That the Amendment be made.

    Amendment ((b)) made to the proposed Amendment.

    Amendment, as amended, made to the Bill.

    Other Amendments (Nos. 1 to 4, 6, 7, 13, 14, 18, 8, 9, 19, 10 to 12 and 15 to 17) made to the Bill.

    A Motion being made, That the Bill be now read the third time;

    Ms Secretary Hewitt, by Her Majesty's Command, acquainted the House, That Her Majesty, having been informed of the purport of the Bill, gives her Consent, as far as Her Majesty's interest is concerned, That the House may do therein as it shall think fit.

    Ms Secretary Hewitt, by Command of the Prince of Wales, acquainted the House, That His Royal Highness, having been informed of the purport of the Bill, gives his Consent, as far as the Prince of Wales's interest is concerned, That the House may do therein as it shall think fit.

    And the Question being proposed;

    And it being Seven o'clock, the Speaker put the Question, pursuant to Order [10th May]:-It was agreed to.

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

13    Electoral Commission,-Her Majesty's Recommendation having been signified to the proposed Motion relating to Electoral Commission;

    A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation) and Order [22nd June], That, with effect from 1st April 2004, the Resolution of the House of 26th March 2001 making provision with respect to the remuneration and expenses of any Electoral Commissioner other than the Chairman of the Electoral Commission ('a relevant Commissioner') be amended by substituting, for paragraph (1) of that Resolution, the following:

    '(1) In respect of remuneration a relevant Commissioner shall be paid for each day he performs functions as such ("a relevant day"):

      (a) 275 for a relevant day up to 31st March 2004;

      (b) 313 for a relevant day from 1st April 2004 up to 31st March 2005; and

      (c) For a relevant day in any year starting with 1st April thereafter, the sum payable in accordance with the provisions of this Resolution in respect of a relevant day in the immediately preceding year, increased by the percentage by which the salary of a High Court judge having effect on that 1st April has increased compared to that having effect on the previous 1st April.'-(Paul Clark):-It was agreed to.

14    Atomic Energy and Radioactive Substances,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004, which were laid before this House on 1st July, be approved-(Paul Clark):-It was agreed to.

15    Contracting Out,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004, which was laid before this House on 10th June, be approved-(Paul Clark):-It was agreed to.

16    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 1998 (Designation of Public Authorities) Order 2004, which was laid before this House on 10th June, be approved-(Paul Clark):-It was agreed to.

17    Northern Ireland,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 115 (Northern Ireland Grand Committee ((delegated legislation)), That the draft Budget (No. 2) (Northern Ireland) Order 2004, which was laid before this House on 8th June, be approved-(Paul Clark):-It was agreed to.

18    Public Petitions,-Public Petitions from-

    (1) residents of the Rise Park area of Romford, against the proposed closure of Rise Park Post Office,

    (2) residents of the Ardleigh Green area of Romford, against the proposed closure of Ardleigh Green Post Office, and

    (3) residents of Fareham, Hampshire, for amendments to the law relating to planning to give a greater role to local authorities and residents in implementing housing policy

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

19    Adjournment,-A Motion was made, and the Question being proposed, That this House do now adjourn-(Derek Twigg);

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

[Adjourned at 7.36 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    Education,-Davies Lane Infant School (Change to School Session Times) Order 2004 (S.I., 2004, No. 1712), dated 6th July 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

    2    Merchant Shipping,-Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 (S.I., 2004, No. 1713), dated 5th July 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

    3    National Health Service,-General Medical Services (Transitional Measure Relating to Non-Clinical Partners) Order 2004 (S.I., 2004, No. 1772), dated 8th July 2004 [by Act] [Mr Secretary Reid].

Other Papers:

    4    Broadcasting,-(1) Paper, entitled The BBC's investment in Freeview: National Audit Office review and response to the review from the BBC Board of Governors, and

    (2) Report and Accounts of the British Broadcasting Corporation for 2003-04

    [by Command] [Secretary Tessa Jowell].

    5    Coroners,-West Midlands (Coroners' Districts) Order 2004 (S.I., 2004, No. 1799), dated 12th July 2004 [by Act] [Mr Secretary Blunkett].

    6    Crown Estate,-(1) Account of the Crown Estate Commissioners for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 890], and

    (2) Report and Accounts of the Crown Estate Commissioners for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]

[Clerk of the House].

    7    Data Protection,-Report and Accounts of the Information Commissioner for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 669] [Clerk of the House].

    8    Government Resources and Accounts,-Report and Accounts of the UK Passport Service for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 803] [Mr Secretary Blunkett].

    9    Government Trading Funds,-Report and Accounts of OGCbuying.solutions for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 649] [Clerk of the House].

    10    Health Service Commissioners,-Third Report of the Health Service Ombudsman for England for 2003-04 [by Act]; to be printed [No. 703] [Mr Secretary Reid].

    11    Office of the Deputy Prime Minister,-Government Response to the Sixth Report of the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee, Session 2003-04, on Social Cohesion [by Command] [Cm. 6284] [Mr Secretary Prescott].

    12    Parliamentary Commissioner,-Second Report of the Parliamentary Commissioner for Administration for 2003-04 [by Act]; to be printed [No. 702] [Clerk of the House].

    13    Prosecution of Offences,-Report of HM Crown Prosecution Service Inspectorate for October 2002 to March 2004 [by Act]; to be printed [No. 720] [The Solicitor General].

    14    Public Petitions,-Observations by the Secretary of State for the Environment, Food and Rural Affairs on the Petition [9th June] from Mrs I. O'Neill and others for an independent ombudsman to deal with complaints against the veterinary profession [by Standing Order]; to be printed [Clerk of the House].

    15    Race Relations,-Report of the Commission for Racial Equality for 2003 [by Act] [Mr Secretary Blunkett].

    16    Science and Technology,-Report and Accounts of the Biotechnology and Biological Sciences Research Council for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 667] [Ms Secretary Hewitt].

APPENDIX II

Standing Committees

    1    Draft Community Radio Order 2004,-The Committee of Selection has discharged Chris Bryant and Mrs Anne Campbell from the Second Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr Neil Gerrard and Ian Lucas.

    2    Draft Anti-Social Behaviour (Northern Ireland) Order 2004 and the draft Criminal Justice (No. 2) (Northern Ireland) Order 2004,-The Committee of Selection has discharged Mr Bill Etherington, Mr Mark Lazarowicz and Mr Terry Lewis from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the draft Orders) and nominated in substitution Mr Bob Laxton, Syd Rapson and John Robertson.

APPENDIX III

Reports from Select Committees

    1    Constitutional Affairs,-Minutes of Evidence taken before the Constitutional Affairs Committee [Department for Constitutional Affairs Departmental Report 2003-04]; to be printed [No. 907-i] [Mr A. J. Beith].

    2    Culture, Media and Sport,-Minutes of Evidence taken before the Culture, Media and Sport Committee [BBC Report and Accounts 2003-04]; to be printed [No. 862-i] [Sir Gerald Kaufman].

    3    Environmental Audit,-Minutes of Evidence taken before the Environmental Crime Sub-Committee of the Environmental Audit Committee [Environmental Crime: Wildlife Crime]; to be printed [No. 605-iv] [Mr Peter Ainsworth].

    4    Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,-Minutes of Evidence taken before the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee [Gypsy and Traveller Sites]; to be printed [No. 633-iii] [Andrew Bennett].

    5    Public Administration,-Minutes of Evidence taken before the Select Committee on Public Administration [Government by Inquiry]; to be printed [No. 606-v] [Tony Wright].

    6    Regulatory Reform,-Tenth Report from the Regulatory Reform Committee [Draft Regulatory Reform (Local Commissioner for Wales) Order 2004]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 900] [Mr Peter Pike].

    7    Scottish Affairs,-Minutes of Evidence taken before the Scottish Affairs Committee [Implications for Grangemouth of BP's plans for its petrochemicals business] [No. 905-i] [Mrs Irene Adams].

    8    Statutory Instruments,-Twenty-fifth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 82-xxv] [Mr David Tredinnick].

    9    Trade and Industry,-Minutes of Evidence taken before the Trade and Industry Committee [Progress towards the knowledge driven economy]; to be printed [262-vi] [Mr Martin O'Neill].


[W.H., No. 74]

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.-(Paul Clark.)

    And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 4.30 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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