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House of Commons
Session 2003 - 04
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House of Commons Votes and Proceedings
Wednesday 3rd November 2004

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

PRAYERS.

1    Second Standing Committee on Delegated Legislation,—Mr Jonathan Sayeed reported from the Second Standing Committee on Delegated Legislation the draft National Assembly for Wales (Transfer of Functions) Order 2004.

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

2    Third Standing Committee on Delegated Legislation,—Mr Joe Benton reported from the Third Standing Committee on Delegated Legislation the draft Scotland Act 1998 (Modifications of Schedule 5) Order 2004, the draft Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 2004 and the draft Freedom of Information (Scotland) Act 2002 (Consequential Modifications) 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 agree without Amendment to the Amendments made by this House to the Domestic Violence, Crime and Victims Bill [Lords].

4    Sex Equality (Duties of Public Authorities),—A Motion was made, and the Question being proposed, That leave be given to bring in a Bill to make provision in relation to public authorities for the further prevention of sex discrimination and for the promotion of equality of opportunity for men and women—(Angela Eagle);

And the Motion being opposed, after a brief explanatory statement from the Member who made the Motion and from a Member who opposed it, the Speaker put the Question, pursuant to Standing Order No. 23 (Motions for leave to bring in bills and nomination of select committees at commencement of public business):—It was agreed to. Ordered, That Angela Eagle, Vera Baird, Mr Roger Berry, Mr John Grogan, Helen Jackson, Ann McKechin, Mrs Barbara Roche, Joan Ruddock, Mr Shaun Woodward and Mr Parmjit Dhanda do prepare and bring in the Bill.

5    Sex Equality (Duties of Public Authorities) Bill,—Angela Eagle accordingly presented a Bill to make provision in relation to public authorities for the further prevention of sex discrimination and for the promotion of equality of opportunity for men and women: And the same was read the first time; and ordered to be read a second time on Friday 19th November and to be printed [Bill 172].

6    Members' Allowances,—A Motion was made, and the Question being proposed, That—

(1) This House notes the recommendations made in Chapter 4 of the report of the Review Body on Senior Salaries on parliamentary pay and allowances (Cm. 6354-1) a copy of which was laid before this House on 21st October; and is of the opinion that the provisions set out in paragraphs (2) to (5) below should be implemented, subject to any decisions of the Members Estimate Committee with regard to their application.

Staffing Allowance

    (2) With effect from 1st April 2005, the Staffing Allowance should be increased to a base level of £72,000, rising to a maximum of £80,460, according to the number of full-time equivalent employees funded from the Staffing Allowance and based in London; and these sums should be adjusted on 1st April each year (beginning on 1st April 2005) in line with the Average Earnings Index for public and private sectors combined.

IT Provision

    (3) With effect from the beginning of the next Parliament, the level of provision of IT equipment and support should be increased in line with recommendations 11 and 12 of the Review Body's report (Cm. 6354-1).

London Supplement

    (4) With effect from 1st April 2005, the London Supplement should be increased to £2,500, and this sum should be adjusted on 1st April each year (beginning on 1st April 2005) in line with the Average Earnings Index for public and private sectors combined; and it should not be payable to any Member who receives the Additional Costs Allowance.

Car Mileage Allowance and Parking

    (5) With effect from 1st April 2005, the Car Mileage Allowance should be payable at the same rate as the car mileage rates approved by the Inland Revenue, with the higher rate payable up to a total of 10,000 miles and the lower rate thereafter or as determined in future by the Inland Revenue; and the cost of parking a car, motorcycle or bicycle, if wholly, exclusively and necessarily incurred in the performance of parliamentary duties, should be reimbursed.

Incidental Expenses Provision

    (6) That recommendation 8 of the Review Body's report (Cm. 6354-1) be referred to the House of Commons Members Estimate Committee for further consideration—(Mr Peter Hain);

    And it being three hours after the commencement of proceedings on the Motion, the Deputy Speaker, pursuant to Order [yesterday], proceeded to put the Questions necessary to dispose of proceedings on the Motion and on the Motions relating to Parliamentary Pensions (Contribution Rate) and Parliamentary Pensions (Survivor Benefits and Early Retirement).

    An Amendment ((g)) was proposed to the Question, in line 8, to leave out from the word 'to' to the word 'and' in line 11 and insert the words '£80,460 for all Members with up to 10 per cent. of the Staffing Allowance being available to fund a Member's office in his or her constituency', instead thereof.—(Mr Richard Page.)

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

    The House divided.

      Tellers for the Ayes, Miss Ann Widdecombe, Mr Richard Page: 239.

      Tellers for the Noes, Joan Ryan, Mr Tom Watson: 109.

So the Question was agreed to.

    Another Amendment ((c)) was proposed to the Question, in line 25, to leave out from the word 'With' to the word 'and' in line 28 and insert the words 'immediate effect, the annual uprating of the higher and lower car mileage rates shall cease; with effect from the date on which the Inland Revenue higher car mileage rate first exceeds the higher car mileage rate payable to Members, the higher rate car mileage allowance payable up to a total of £20,000 miles to Members should be payable at the same rate as the higher car mileage rate approved by the Inland Revenue, and with effect from the date on which the Inland Revenue lower car mileage rate first exceeds the lower car mileage rate payable to Members, the lower car mileage allowance payable to Members should be payable at the same rate as the lower car mileage rate approved by the Inland Revenue', instead thereof.—(Sir Nicholas Winterton.)

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

    The House divided.

      Tellers for the Ayes, Sir Nicholas Winterton, Mr Ken Purchase: 118.

      Tellers for the Noes, Joan Ryan, Mr Tom Watson: 193.

    So the Question was negatived.

    And the Main Question, as amended, being put;

    Resolved, That—

    (1) This House notes the recommendations made in Chapter 4 of the report of the Review Body on Senior Salaries on parliamentary pay and allowances (Cm. 6354-1) a copy of which was laid before this House on 21st October; and is of the opinion that the provisions set out in paragraphs (2) to (5) below should be implemented, subject to any decisions of the Members Estimate Committee with regard to their application.

Staffing Allowance

(2) With effect from 1st April 2005, the Staffing Allowance should be increased to £80,460 for all Members with up to 10 per cent. of the Staffing Allowance being available to fund a Member's office in his or her constituency; and these sums should be adjusted on 1st April each year (beginning on 1st April 2005) in line with the Average Earnings Index for public and private sectors combined.

IT Provision

(3) With effect from the beginning of the next Parliament, the level of provision of IT equipment and support should be increased in line with recommendations 11 and 12 of the Review Body's report (Cm. 6354-1).

London Supplement

(4) With effect from 1st April 2005, the London Supplement should be increased to £2,500, and this sum should be adjusted on 1st April each year (beginning on 1st April 2005) in line with the Average Earnings Index for public and private sectors combined; and it should not be payable to any Member who receives the Additional Costs Allowance.

Car Mileage Allowance and Parking

(5) With effect from 1st April 2005, the Car Mileage Allowance should be payable at the same rate as the car mileage rates approved by the Inland Revenue, with the higher rate payable up to a total of 10,000 miles and the lower rate thereafter or as determined in future by the Inland Revenue; and the cost of parking a car, motorcycle or bicycle, if wholly, exclusively and necessarily incurred in the performance of parliamentary duties, should be reimbursed.

Incidental Expenses Provision

(6) That recommendation 8 of the Review Body's report (Cm. 6354-1) be referred to the House of Commons Members Estimate Committee for further consideration.

7    Parliamentary Pensions (Contribution Rate),—Resolved, That this House notes recommendation 4 contained in the report of the Review Body on Senior Salaries on parliamentary pay and allowances (Cm. 6354-1), a copy of which was laid before this House on 21st October, that the contribution rate to the parliamentary pension scheme for those scheme members who have opted for the 1/40th accrual rate should be increased by 1 per cent. to 10 per cent. with effect from 1st April 2004, and is of the opinion that it should be implemented.—(Mr Phil Woolas.)

8    Parliamentary Pensions (Survivor Benefits and Early Retirement),—Resolved, That this House notes recommendation 3 contained in the report of the Review Body on Senior Salaries on parliamentary pay and allowances (Cm. 6354-1), a copy of which was laid before this House on 21st October, and is of the opinion that, subject to consultation with the Trustees of the PCPF and the Government Actuary as to the detailed implementation, the proposals set out in paragraphs (1) to (3) below should be adopted as a package which is, overall, at least cost neutral to the Exchequer:

    (1) Pensions calculated on the same basis as pensions for widows and widowers should be introduced for surviving unmarried partners of members in service on or after 3rd November 2004.

    (2) Pensions for the widows, widowers and unmarried partners of members in service on or after 3rd November 2004 should be payable for life.

    (3) The early retirement provisions which permit a member who has accrued at least 15 years service to retire before the age of 65 on favourable terms should be removed for those who become members of the scheme after 3rd November 2004 and phased out for existing members from 1st April 2009, or the day after the general election after next, whichever is the later.—(Mr Phil Woolas.)

9    Sessional Orders and Resolutions,—A Motion was made, and the Question being proposed, That this House takes note of the Third Report of the Procedure Committee, Session 2002-03, on Sessional Orders and Resolutions, House of Commons Paper No. 855, and the Government's Response thereto (published as the Committee's Third Special Report of the current Session, House of Commons Paper No. 613); approves the proposals set out in paragraphs 9, 10 and 25 of the Report for changes in the practice of the House at the beginning of each Session; and, as recommended in paragraph 9(b), makes the following provision:

    That all Members of this House who are returned for two or more places in any part of the United Kingdom should choose for which of the places they will serve, within one week after it appears that there is no question about their election for that place—(Mr Peter Hain);

    And it being three hours after the commencement of proceedings on the Motion, the Deputy Speaker put the Question, pursuant to Order [yesterday].

    The House divided.

      Tellers for the Ayes, Margaret Moran, Mr Vernon Coaker: 130.

      Tellers for the Noes, Mr Eric Forth, Lembit Öpik: 75.

    So the Question was agreed to.

10    Adjournment,—Resolved, That this House do now adjourn.—(Mr Phil Woolas.)

And accordingly, the House, having continued to sit till four minutes to Eight o'clock, adjourned till to-morrow.

[Adjourned at 7.56 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 Affirmative Resolution:

1    Legal Services,—Draft Institute of Trade Mark Attorneys Order 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy].

Other Papers:

2    Chiropractors,—Financial Statements of the General Chiropractic Council for the year ended 31st July 2004 [by Act] [Mr Christopher Leslie].

3    Crime and Disorder,—Review of the Youth Justice Board for England and Wales for 2003-04 [by Act] [Mr Secretary Blunkett].

4    Criminal Justice,—Report and Accounts of the Parole Board for England and Wales for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1100] [Clerk of the House].

5    Development of Tourism,—Report of Visit Britain for 2003-04 [by Act] [Secretary Tessa Jowell].

6    General Medical Council,—Accounts of the General Medical Council for 2003 [by Act] [Mr Christopher Leslie].

7    Osteopaths,—Report and Accounts of the General Osteopathic Council for 2003-04 [by Act] [Mr Christopher Leslie].

8    Public Petitions,—Observations by—

    (1) the Secretary of State for Defence on the Petition [14th September] from constituents of Tweeddale, Ettrick and Lauderdale and of Roxburgh and Berwickshire and others against disbandment or amalgamation of the King's Own Scottish Borderers or other Scottish regiments; and

    (2) the Secretary of State for Trade and Industry on the Petition [16th September] from the Parish Council of Little Missenden, Buckinghamshire, the citizens of the village of Holmer Green and others against the proposed closure of Turners Place Post Office, Holmer Green

    [by Standing Order] [Clerk of the House].

APPENDIX II

Standing Committees

1    School Transport Bill:

    (1) The Speaker has allocated the Bill to Standing Committee A; and

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Charlotte Atkins, Mr Peter Atkinson, Roger Casale, Mr Christopher Chope, Mr Vernon Coaker, Mrs Janet Dean, Mr David Drew, Mr Huw Edwards, Mr Michael Foster (Worcester), Mr Mark Hoban, Mr David Kidney, Jim Knight, Dr John Pugh, John Thurso, Derek Twigg and Sir George Young.

2    Gambling Bill:

    (1) The Speaker has allocated the Bill to Standing Committee B; and

    (2) the Committee of Selection has nominated twenty-three Members to serve on the Committee: Mr Tony Banks, Mr Liam Byrne, Mr Richard Caborn, Mr Ben Chapman, Mr Geoffrey Clifton-Brown, Jon Cruddas, Clive Efford, Mr Don Foster, Mr Nick Hawkins, Phil Hope, Mrs Joan Humble, Mr Eric Illsley, Mr Kevan Jones, Miss Julie Kirkbride, Ann McKechin, Mr Malcolm Moss, Mr Richard Page, Mr Alan Reid, Bob Russell, Mr Tom Watson, Mr John Whittingdale, Mr Shaun Woodward and Iain Wright.

3    Draft Companies Act 1985 (International Accounting Standards and Other Accounting Amendments) Regulations 2004:

    (1) The Speaker has allocated the draft Regulations to the First Standing Committee on Delegated Legislation; and

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Richard Bacon, Gregory Barker, Mr Henry Bellingham, Malcolm Bruce, Mr David Chaytor, Mr Tony Clarke, Brian Cotter, Mr Stephen Dorrell, Mr John Grogan, Patrick Hall, Mr Piara S. Khabra, Mr Andrew Love, Mr Gwyn Prosser, Mr Martin Salter, Jacqui Smith and Mr Tom Watson.

4    Draft National Assembly for Wales (Transfer of Functions) Order 2004,—The Committee of Selection has discharged Mr Nick Ainger, Mrs Helen Clark, Mr Jon Owen Jones and Geraldine Smith from the Second Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr Graham Allen, Kevin Brennan, Mr Vernon Coaker and Mr Wayne David.

5    Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 (S.I., 2004, No. 1910):

    (1) The Speaker has allocated the Order to the Second Standing on Delegated Legislation; and

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Hugh Bayley, Mr Desmond Browne, Mr Alistair Carmichael, Mr Geoffrey Clifton-Brown, Mr Brian H. Donohoe, Jim Dowd, Mrs Lorna Fitzsimons, Mr Nick Gibb, Mr John Gummer, Mr John Heppell, Mr David Heyes, Mr Calum MacDonald, Mr Humfrey Malins, Kali Mountford, Mr Mark Oaten and Mr Kerry Pollard.

6    Draft Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Consequential Provisions) Order 2004:

    (1) The Speaker has allocated the draft Order to the Third Standing Committee on Delegated Legislation; and

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Crispin Blunt, Virginia Bottomley, Mr Simon Burns, Mrs Patsy Calton, Harry Cohen, Mr Michael Connarty, Mr Hilton Dawson, Mrs Louise Ellman, Mr Derek Foster, Sandra Gidley, Mr John Horam, Dr Stephen Ladyman, Ann McKechin, Chris Mole, Joan Ryan and Claire Ward.

7    Draft Scotland Act 1998 (Modifications of Schedule 5) Order 2004, the draft Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 2004 and the draft Freedom of Information (Scotland) Act 2002 (Consequential Modifications) Order 2004,—The Committee of Selection has discharged Mr John Lyons from the Third Standing Committee on Delegated Legislation (nominated in respect of the draft Orders) and nominated in substitution Mr David Marshall.

8    Draft Criminal Defence Service (Choice in Very High Cost Cases) (Amendment No. 2) Regulations 2004:

    (1) The Speaker has allocated the draft Regulations to the Fourth Standing Committee on Delegated Legislation; and

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Peter Atkinson, Peter Bottomley, Mr Alistair Carmichael, Mrs Helen Clark, Geraint Davies, Mr Jonathan Djanogly, Angela Eagle, Mr David Heath, Helen Jackson, Mr David Lammy, Mr Terry Lewis, Chris McCafferty, Bridget Prentice, Mrs Gillian Shephard, Jim Sheridan and Mr Paul Truswell.

9    Draft Landfill Allowances and Trading Scheme (England) Regulations 2004 and the draft Landfill (Maximum Landfill Amount) (Northern Ireland) Regulations 2004:

    (1) The Speaker has allocated the draft Regulations to the Fifth Standing Committee on Delegated Legislation; and

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Nick Ainger, Tony Cunningham, Sue Doughty, Jeff Ennis, Lady Hermon, Glenda Jackson, Miss Anne McIntosh, Julie Morgan, Mr Elliot Morley, Mr Denis Murphy, Joan Ruddock, Mr Marsha Singh, Mr John Smith, Sir Peter Tapsell, Sir Teddy Taylor and Mr David Wilshire.

APPENDIX III

Reports from Select Committees

1    Defence,—Minutes of Evidence taken before the Defence Committee [Future Capabilities]; to be printed [No. 1031-iii] [Bruce George].

2    Draft Mental Health Bill,—(1) Minutes of Evidence taken before the Joint Committee on the Draft Mental Health Bill; to be printed [No. 1127-vi]; and

    (2) Memoranda laid before the Committee; to be printed [No. 1127-vii]

    [Mr George Howarth].

3    Education and Skills,—(1) Minutes of Evidence taken before the Education and Skills Committee [The Work of Ofsted]; to be printed [No. 1221-i];

    (2) Minutes of Evidence taken before the Committee [Education Outside the Classroom]; to be printed [No. 1170-iii]; and

    (3) Minutes of Evidence taken before the Committee [Prison Education]; to be printed [No. 825-v]

    [Mr Barry Sheerman].

4    Environment, Food and Rural Affairs,—(1) Eighteenth Report from the Environment, Food and Rural Affairs Committee [Dismantling of Defunct Ships], 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. 834]; and

    (2) Minutes of Evidence taken before the Water Pricing Sub-Committee of the Committee [Water Pricing]; to be printed [No. 1186-iii]

    [Mr Michael Jack].

5    Environmental Audit,—(1) Sixth Special Report from the Environmental Audit Committee [Government Responses to the Sixth and Ninth Reports from the Committee, Session 2003-04, on Environmental Crime and the Courts and on Fly-tipping, Fly-posting, Litter, Graffiti and Noise]; to be printed [No. 1232]; and

    (2) Minutes of Evidence taken before the Committee [Sustainable Housing]; to be printed [No. 709-vii]

    [Mr Peter Ainsworth].

6    European Scrutiny,—(1) Thirty-fifth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 42-xxxv]; and

    (2) Minutes of Evidence taken before the Committee [European Agency for Safety and Health at Work]; to be printed [No. 1231-i]

    [Jimmy Hood].

7    Health,—Minutes of Evidence taken before the Health Committee [Public Expenditure 2004]; to be printed [No. 1114-ii] [Mr David Hinchliffe].

8    Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [Department of Health: Improving Emergency Care in England]; to be printed [No. 1233-i] [Mr Edward Leigh].

9    Transport,—Minutes of Evidence taken before the Transport Committee [Rural Rail]; to be printed [No. 1229-i] [Mrs Gwyneth Dunwoody].

10    Treasury,—Ninth Report from the Treasury Committee [The Merger of HM Customs and Excise and the Inland Revenue], together with the Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings relating to the Report [No. 556] [Mr John McFall].

11    Welsh Affairs,—Minutes of Evidence taken before the Welsh Affairs Committee [Police Service, Crime and Anti-Social Behaviour in Wales]; to be printed [Nos. 1182-iii and -iv] [Mr Martyn Jones].

12    Work and Pensions,—Minutes of Evidence taken before the Work and Pensions Committee [Pension Credit]; to be printed [No. 1219-i] [Sir Archy Kirkwood].

[W.H., No. 96]

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 Tom Watson);

    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 5 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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