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House of Commons Votes and Proceedings
Tuesday 20th July 2004

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

PRAYERS.

1    University of Wales, Cardiff Bill [Lords],-The University of Wales, Cardiff Bill [Lords] was read a second time and committed.

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

    That the proposal for the Regulatory Reform (Fire Safety) Order 2004, which was laid before the House on 10th May, should be amended before a draft Order is laid before the House.

3    Welsh Grand Committee,-Mr Win Griffiths reported from the Welsh Grand Committee, That it had considered the matter of the draft Transport (Wales) Bill, referred to it on 22nd June.

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

    The Lords agree without Amendment to the Amendments made by this House to the Health Protection Agency Bill.

    The Lords agree to the Fire and Rescue Services Bill, with Amendments, to which they desire the concurrence of this House.

    The Lords do not insist on their Amendments to the Traffic Management Bill to which this House has disagreed and they agree without Amendment to the Amendments made by this House to the words so restored to the Bill.

5    Fire and Rescue Services Bill,-Lords Amendments to the Fire and Rescue Services Bill to be considered to-morrow; and to be printed [Bill 146].

6    New Members sworn,-Parmjit Singh Gill, Esquire, Member for the Borough Constituency of Leicester South, was sworn.

    Liam Dominic Byrne, Esquire, Member for the Borough Constituency of Birmingham, Hodge Hill, was sworn.

7    Pensions (Clawbacks),-Ordered, That leave be given to bring in a Bill to make provision about pension clawbacks: And that Mr Kerry Pollard, Mr Tony McWalter, Linda Perham, Mr Ernie Ross, Mr David Chaytor, Jim Dobbin, Mr Harold Best and Mr Mike Wood do prepare and bring it in.

8    Pensions (Clawbacks) Bill,-Mr Kerry Pollard accordingly presented a Bill to make provision about pension clawbacks: 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 145].

9    Adjournment (Iraq),-A Motion was made, and the Question being proposed, That this House do now adjourn-(Margaret Moran);

    And it being Seven o'clock, the Debate stood adjourned.

10    Business of the House,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 15 (Exempted business), That, at this day's sitting, the Motion for the Adjournment of the House in the name of the Prime Minister may continue, though opposed, until Eight o'clock and that the Asylum and Immigration (Treatment of Claimants, etc.) Bill, Energy Bill [Lords] and any Lords Messages and Amendments that may be received may be proceeded with, though opposed, until any hour-(Mr Jim Murphy):-It was agreed to.

11    Adjournment (Iraq),-The Question being again proposed, That this House do now adjourn;

    Mr Tam Dalyell rose in his place, and claimed to move, That the Question be now put.

    And the Question being put, That the Question be now put;

    The House divided.

      Tellers for the Ayes, Mr Kelvin Hopkins, David Taylor: 41.

      Tellers for the Noes, Joan Ryan, Gillian Merron, 255.

    So the Question was negatived.

    It being after Eight o'clock, the Motion for the adjournment of the House lapsed, without Question put.

12    Asylum and Immigration (Treatment of Claimants, etc.) Bill,-The House, according to Order, proceeded to consider the Lords Amendments to Lords Amendments, consequential on Commons Amendments, to the Asylum and Immigration (Treatment of Claimants, etc.) Bill.

    Lords Amendments Nos. 28DA and 28H were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendment No. 28H.

13    Energy Bill [Lords] (Programme) (No. 2),-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 Energy Bill [Lords] for the purpose of supplementing the Order of 10th May 2004:

    Consideration of Lords Message of 15th July

    1. Proceedings on consideration of the Lords Message of 15th July relating to the Bill shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement at this day's sitting.

    Subsequent stages

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

    3. 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-(Bridget Prentice);

    The House divided.

      Tellers for the Ayes, Mr Jim Murphy, Bridget Prentice: 311.

      Tellers for the Noes, Mr Simon Thomas, Pete Wishart: 46.

    So the Question was agreed to.

14    Energy Bill [Lords],-The House, according to Order, proceeded to consider the Lords Amendments to words restored to the Energy Bill [Lords] by the Lords' disagreement to Commons Amendments, and a Lords Amendment to a Commons Amendment to the Bill.

    Resolved, That this House does not insist on its Amendment and agrees with the Lords in their Amendments Nos. 10A and 10B to the words so restored to the Bill.-(Mr Stephen Timms.)

    Lords Amendment No. 17A to Commons Amendment No. 17 was agreed to.

15    Devolution,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Regional Assembly and Local Government Referendums (Date of Referendums, Referendum Question and Explanatory Material) (North West Region) Order 2004, which was laid before this House on 8th July, be approved-(Gillian Merron):-It was agreed to.

16    Devolution,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Regional Assembly and Local Government Referendums (Date of Referendums, Referendum Question and Explanatory Material) (North East Region) Order 2004, which was laid before this House on 8th July, be approved-(Gillian Merron):-It was agreed to.

17    Devolution,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Regional Assembly and Local Government Referendums (Date of Referendums, Referendum Question and Explanatory Material) (Yorkshire and the Humber Region) Order 2004, which was laid before this House on 8th July, be approved-(Gillian Merron):-It was agreed to.

18    Draft Mental Health Bill (Joint Committee),-Ordered, That the Lords Message of 15th July relating to a Joint Committee of both Houses to consider and report on any draft Mental Health Bill presented to both Houses by a Minister of the Crown, be now considered;

    That this House concurs with the Lords that it is expedient that a Joint Committee of Lords and Commons be appointed to consider and report on any draft Mental Health Bill presented to both Houses by a Minister of the Crown, and that the Committee should report on the draft Bill by 31st March 2005;

    That a Select Committee of 12 honourable Members be appointed to join with the Committee appointed by the Lords to consider the draft Mental Health Bill;

    That the Committee shall have power-

      (i) to send for persons, papers and records;

      (ii) to sit notwithstanding any adjournment of the House;

      (iii) to report from time to time;

      (iv) to appoint specialist advisers;

      (v) to adjourn from place to place within the United Kingdom;

    That the quorum of the Committee shall be two; and

    That Mrs Liz Blackman, Mrs Angela Browning, Mr David Hinchliffe, Mr George Howarth, Tim Loughton, Mr Paul Marsden, Laura Moffatt, Ms Meg Munn, Dr Doug Naysmith, Mr Gwyn Prosser, Dr Howard Stoate and Hywel Williams be members of the Committee.-(Gillian Merron.)

    Message to the Lords to acquaint them therewith.

19    Public Petitions,-Public Petitions from-(1) residents of Dumfries and Galloway against further increases in petrol duty; and

    (2) people of the Victoria Road area of Romford against the closure of Victoria Road Post Office

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

20    Adjournment,-Resolved, That this House do now adjourn.-(Gillian Merron.)

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

[Adjourned at 9.26 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    Employment Tribunals,-Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (S.I., 2004, No. 1861), dated 19th July 2004 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].

    2    Food,-Charges for Inspections and Controls (Amendment) (No. 2) Regulations 2004 (S.I., 2004, No. 1871), dated 19th July 2004 [by Act] [Secretary Margaret Beckett].

    3    Freedom of Information,-Freedom of Information (Additional Public Authorities) (Amendment) Order 2004 (S.I., 2004, No. 1870), dated 13th July 2004 [by Act] [Mr Christopher Leslie].

    4    Housing,-Approval of Codes of Management Practice (Residential Property) (England) Order 2004 (S.I., 2004, No. 1802), dated 13th July 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

    5    Immigration,-Immigration and Asylum Appeals (Fast Track Procedure) (Amendment) Rules 2004 (S.I., 2004, No. 1891), dated 20th July 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy].

Other Papers:

    6    Access to Justice,- (1) Corporate Plan of the Legal Services Commission for 2004-05 to 2006-07 [by Act], and

    (2) Report and Financial Statements of the Legal Services Commission for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 870]

    [Mr David Lammy].

    7    Agricultural Marketing,-Report and Accounts of Food from Britain for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act] [Secretary Margaret Beckett].

    8    Coal Authority,-Report and Accounts of the Coal Authority, with the Report of the Comptroller and Auditor General thereon, with the Environmental Review; and Health and Safety Report, for 2003-04 [by Act] [Ms Secretary Hewitt].

    9    Companies,-Report of Companies in 2003-04 [by Act] [Ms Secretary Hewitt].

    10    Criminal Justice and Court Services,-Report and Accounts of the Children and Family Court Advisory and Support Service for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 801] [Mr Secretary Clarke].

    11    Development of Tourism,-Account of VisitBritain for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 931] [Clerk of the House].

    12    Enterprise,-Accounts of the Competition Appeal Tribunal and Competition Service for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 935] [Clerk of the House].

    13    Environment,-Report and Accounts of the Environment Agency for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act] [Secretary Margaret Beckett].

    14    Environmental Protection,-Report and Accounts of English Nature for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 741] [Clerk of the House].

    15    Government Resources and Accounts,-Report and Accounts for 2003-04 of the-

    (1) Armed Forces Personnel Administration Agency, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 693] [Mr Secretary Hoon],

    (2) Compensation Agency, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 734] [Mr Secretary Murphy],

    (3) Defence Analytical Services Agency, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 730] [Mr Secretary Hoon],

    (4) Defence Bills Agency, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 873] [Mr Secretary Hoon],

    (5) Defence Dental Agency, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 922] [Mr Secretary Hoon],

    (6) Defence Intelligence and Security Centre, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 864] [Mr Secretary Hoon],

    (7) Defence Medical Education and Training Agency, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 724] [Mr Secretary Hoon],

    (8) Defence Transport and Movements Agency, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 695] [Mr Secretary Hoon],

    (9) Defence Vetting Agency, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 854] [Mr Secretary Hoon],

    (10) Employment Tribunals Service, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 714] [Ms Secretary Hewitt],

    (11) Forensic Science Northern Ireland, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 853] [Mr Secretary Murphy],

    (12) Government Car and Despatch Agency, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 855] [Mr Douglas Alexander],

    (13) Maritime and Coastguard Agency, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 691] [Mr Secretary Darling],

    (14) National Savings and Investments, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 682] [Ruth Kelly],

    (15) Naval Manning Agency, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 794] [Mr Secretary Hoon],

    (16) Royal Air Force Personnel Management Agency, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 839] [Mr Secretary Hoon],

    (17) The Queen Victoria School, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 698] [Mr Secretary Hoon],

    (18) Vehicle Certification Agency, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 904] [Mr Secretary Darling],

    (19) Veterans Agency, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 809] [Mr Secretary Hoon], and

    (20) Youth Justice Agency of Northern Ireland, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 726] [Mr Secretary Murphy].

    16    Government Trading Funds,-(1) Report and Accounts of NHS Estates for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 852] [Mr Secretary Reid], and

    (2) Report and Accounts for 2003-04 of-

      (i) the Royal Mint,

      (ii) the Vehicle and Operator Services Agency

    with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 688 and 814] [Clerk of the House].

    17    Health and Social Care,-Accounts of-

    (1) the Commission for Healthcare Audit and Inspection, and

    (2) the Commission for Social Care Inspection

    for 2003-04, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 933 and 934] [Clerk of the House].

    18    Hong Kong,-Six-monthly Report on Hong Kong: January-June 2004 [by Command] [Cm. 6292] [Mr Secretary Straw].

    19    International Labour Conference,-Paper, entitled International Labour Conference: Presentation of a Convention revising the Seafarers' Identity Documents Convention, 1958 (No. 185), adopted at the 91st Session of the International Labour Conference (2003) and the proposed action by Her Majesty's Government in the United Kingdom of Great Britain and Northern Ireland on the Convention [by Command] [Cm. 6290] [Mr Secretary Smith].

    20    Marshall Aid Commemoration,-Account of the Marshall Aid Commemoration Commission for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 938] [Clerk of the House].

    21    Miscellaneous (No. 7, 2004),-Amendments to the Convention on the Control and Marking of Articles of Precious Metals proposed by the Standing Committee in accordance with Paragraph 4 of Article 10 of the Convention and accepted on 13th December 1999 by the Standing Committee at its forty-eighth meeting held in Morges (Switzerland) on 13th and 14th December 1999; amended by the Standing Committee at its fiftieth meeting held in Geneva on 9th January 2001, with an Explanatory Memorandum [by Command] [Cm. 6277] [Mr Secretary Straw].

    22    National Lottery,-(1) Account of the English Sports Council Lottery Distribution for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 936] [Clerk of the House], and

    (2) Report and Accounts of the Millennium Commission for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 810] [Secretary Tessa Jowell].

    23    Northern Ireland,-(1) Northern Ireland Department of Finance and Personnel Memorandum on the Twenty-first Report from the Committee of Public Accounts 2003-04 [by Command] [Cm. 6282] [Mr Secretary Murphy], and

    (2) Report and Accounts of the-

      (i) Business Development Service,

      (ii) Forest Service,

      (iii) Public Record Office of Northern Ireland,

      (iv) Rate Collection Agency

    for 2003-04, with the Reports of the Comptroller and Auditor General for Northern Ireland thereon [by Statutory Instrument]; to be printed [Nos. 816, 912 , 871 and 833] [Mr Secretary Murphy].

    24    Northern Ireland (Monitoring Commission etc.),-Second Report of the Independent Monitoring Commission [by Statutory Instrument]; to be printed [No. 913] [Mr Secretary Murphy].

    25    Police,-Report and Accounts of the Police Information Technology Organisation (PITO) for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 911] [Mr Secretary Blunkett].

    26    Police (Northern Ireland),-Account of the Office of the Oversight Commissioner for 2002-03, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 940] [Clerk of the House].

    27    Prisons (Northern Ireland),-Report and Accounts of the Northern Ireland Prison Service for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Statutory Instrument]; to be printed [No. 804] [Mr Secretary Murphy].

    28    Public Expenditure,-Paper, entitled Public Expenditure 2003-04: Provisional Outturn [by Command] [Cm. 6293] [Mr Paul Boateng].

    29    Public Petitions,-Observations by the Deputy Prime Minister on the Petition [7th July] from the Derbyshire Gypsy Liaison Group and supporters for amendments to planning and settlement guidelines to prevent racial discrimination against Romani and other ethnic Traveller peoples [by Standing Order]; to be printed [Clerk of the House].

    30    Science and Technology,-Account of the Research Councils' Pension Scheme for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 943] [Clerk of the House].

    31    Social Security Administration,-Report by the Industrial Injuries Advisory Council reviewing the prescription of the vascular and sensorineural components of Hand-Arm Vibration Syndrome in accordance with Section 171 of the Social Security Administration Act 1992 [by Command] [Cm. 6098] [Mr Secretary Smith].

    32    Transport,-Paper, entitled The Future of Transport: a network for 2030 [by Command] [Cm. 6234] [Mr Secretary Darling].

    33    Tribunals and Inquiries,-Report of the Council on Tribunals for 2003-04 [by Act]; to be printed [No. 750] [Mr David Lammy].

    APPENDIX II

Reports from Select Committees

    1    Constitutional Affairs,-Fifth Report from the Constitutional Affairs Committee [Draft Criminal Defence Service Bill]; together with an Appendix to the Report and 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. 746-I and II] [Mr A.J. Beith].

    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-v] [Mr Michael Jack].

    3    Home Affairs,-(1) Fourth Report from the Home Affairs Committee [Identity Cards], together 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. 130]; and

    (2) Minutes of Evidence taken before the Committee [Home Office Departmental Report: Work of the Department in 2003-04]; to be printed [No. 951-i]

    [Mr John Denham].

    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 [Planning for Town Centres (PPS6)]; to be printed [No. 952] [Andrew Bennett].

    5    Regulatory Reform,-Eleventh Report from the Regulatory Reform Committee [Proposal for the Regulatory Reform (Fire Safety) Order 2004], together with Appendices: to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 684] [Mr Peter Pike].

    6    Statutory Instruments,-Twenty-sixth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 82-xxvi]; and

    (2) First Report from the Select Committee on Statutory Instruments; to be printed [No. 949]

            [Mr David Tredinnick].

    7    Trade and Industry,-(1) Seventh Report from the Trade and Industry Committee [The Post Office Urban Network Reinvention Programme], together with Appendices to the Report; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 611];

    (2) Eighth Report from the Committee [The UK Automotive Industry], together with Appendices to the Report; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 437]; and

    (3) Minutes of Evidence taken before the Committee [Pubcos];to be printed [751-iii]

    [Mr Martin O'Neill].

[W.H., No. 77]

Minutes of Proceedings of the Sitting in Westminster Hall
The sitting commenced at half-past Nine o'clock.

    Adjournment,-A Motion was made, and the Question being proposed, That the sitting be now adjourned-(Mr Vernon Coaker);

    And the sitting having continued for two and a half hours after Two o'clock, it was adjourned without Question put, till to-morrow.

[Adjourned at 4.30 p.m.

Sir Alan Haselhurst
Deputy Speaker



 
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