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Session 2004 - 05
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House of Commons Votes and Proceedings
Wednesday 17th November 2004

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

PRAYERS.

1    Vehicle Servicing Industry (Regulation),—Ordered, That leave be given to bring in a Bill to make provision about the regulation of the vehicle servicing industry: And that Chris Ruane, Mr Elfyn Llwyd, Mr Roy Beggs, Mark Tami, Linda Perham, Mrs Betty Williams, Mr Martyn Jones, Albert Owen, Ian Lucas, Gareth Thomas (Clwyd West) and Mr Gordon Prentice do prepare and bring it in.

2    Vehicle Servicing Industry (Regulation) Bill,—Chris Ruane accordingly presented a Bill to make provision about the regulation of the vehicle servicing industry: 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 183].

3    Civil Contingencies Bill (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 proceedings shall apply to the Civil Contingencies Bill for the purpose of supplementing the Order of 19th January 2004.

Consideration of Lords Amendments

    1. Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion three hours after their commencement at this day's sitting.

    2. Those proceedings shall be taken in the order shown in the first column of the following table, and each part of those proceedings shall (so far as not previously concluded) be brought to a conclusion at the time shown in the second column.

    Lords amendments
Time for conclusion of proceedings
    Amendments 49 to 51
One hour after the commencement of proceedings on consideration of Lords Amendments.
    Amendments 41, 42 and 46
One hour and 45 minutes after the commencement of those proceedings.
    Amendments 7 and 56
Two and a half hours after the commencement of those proceedings.
    Remaining amendments
Three hours after the commencement of those proceedings.

Subsequent stages

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

    4. 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—(Paul Clark);

    The House divided.

      Tellers for the Ayes, Joan Ryan, Jim Fitzpatrick: 277.

      Tellers for the Noes, Gregory Barker, Mr Hugo Swire: 174.

    So the Question was agreed to.

4    Civil Contingencies Bill,—The House, according to Order, proceeded to consider the Lords Amendments to the Civil Contingencies Bill.

    Lords Amendment No. 49.

    A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Ruth Kelly);

    The House divided.

      Tellers for the Ayes, Joan Ryan, Mr John Heppell: 293.

      Tellers for the Noes, Mr Hugo Swire, Mr Peter Atkinson: 171.

    So the Question was agreed to.

    The Lords Amendment was accordingly disagreed to.

    It being one hour after the commencement of proceedings on the Lords Amendments, the Deputy Speaker, pursuant to Order [this day], put the remaining Questions to be decided at that hour.

    Lords Amendments Nos. 50 and 51 were disagreed to.

    Lords Amendments Nos. 41 and 42 were agreed to.

    Lords Amendment No. 46

    An Amendment ((a)) was proposed to the Lords Amendment, in line 4, at the end, to add the words:

      '(c)  the Habeas Corpus Act 1816 (c. 100),

      (d)  section 7 of the Parliament Act 1911 (c. 13) (duration of Parliament),

      (e)  the Bill of Rights 1689 (1 Will & Mar. Sess. 2, c. 2),

      (f)  the Act of Settlement 1700 (c. 2),

      (g)  the House of Commons Disqualification Act 1975 (c. 25),

      (h)  the Life Peerages Act 1958 (c. 21), or

      (i)  the House of Lords Act 1999 (c. 34).'.—(Mr William Cash.)

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

    The House divided.

      Tellers for the Ayes, Andrew Selous, Mr Peter Atkinson: 135.

      Tellers for the Noes, Joan Ryan, Mr John Heppell: 349.

    So the Question was negatived.

    The Lords Amendment was agreed to.

    Lords Amendment No. 7.

    A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Mr David Jamieson);

    The House divided.

      Tellers for the Ayes, Joan Ryan, Mr John Heppell: 304.

      Tellers for the Noes, Gregory Barker, Mr Peter Atkinson: 189.

    So the Question was agreed to.

    The Lords Amendment was accordingly disagreed to.

    It being two and a half hours after the commencement of proceedings on the Lords Amendments, the Deputy Speaker put the remaining Question to be decided at that hour.

    Lords Amendment No. 56 was agreed to.

    Lords Amendments Nos. 1 to 6 and 8 to 10 were agreed to.

    It being three hours after the commencement of proceedings on the Lords Amendments, the Deputy Speaker put the remaining Questions to be decided at that hour.

    Lords Amendment No. 37.

    A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Ruth Kelly);

    The House divided.

      Tellers for the Ayes, Gillian Merron, Mr Nick Ainger: 318.

      Tellers for the Noes, Gregory Barker, Mr Peter Atkinson: 135.

    So the Question was agreed to.

    The Lords Amendment was accordingly disagreed to.

    Lords Amendment Nos. 38 and 43 to 45 were disagreed to.

    Amendments ((a) to (e)) were made to the Bill, in lieu of Lords Amendments Nos. 37, 38 and 43 to 45 disagreed to.

    Lords Amendment No. 47 was disagreed to.

    Amendments ((a) and (b)) were made to the Bill, in lieu of Lords Amendment No. 47 disagreed to.

    Lords Amendments Nos. 11 to 36, 39, 40, 48 and 52 to 55 were agreed 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 Reasons to be assigned to the Lords for disagreeing to their Amendments Nos. 7 and 49 to 51;

    That Mr Richard Allan, Mr Oliver Heald, Ruth Kelly, Bridget Prentice and James Purnell be members of the Committee;

    That Ruth Kelly be the Chairman of the Committee;

    That three be the Quorum of the Committee;

    That the Committee do withdraw immediately—(Bridget Prentice):—It was agreed to.

5    Housing Bill,—The House, according to Order, proceeded to consider a Lords Amendment to a Commons Amendment and Lords Amendments in lieu of Lords Amendments to the Housing Bill to which the Commons have disagreed.

    Lords Amendment No. 128C, Lords Amendment No. 140E to Commons Amendment No. 140D and Lords Amendments Nos. 191B and 191C were agreed to, the Commons being willing to waive their privileges in respect of Lords Amendment No. 191B.

6    Civil Contingencies Bill,—Ruth Kelly reported from the Committee appointed to draw up Reasons to be assigned to the Lords for disagreeing to certain of their Amendments to the Civil Contingencies Bill, That it had drawn up the following Reasons, which it had directed her to report to the House:

    The Commons disagree to Lords Amendment No. 7 for the following Reason:

      Because it involves a charge on public funds, and the Commons do not offer any further Reason, trusting that this Reason may be deemed sufficient.

    The Commons disagree to Lords Amendments Nos. 49 and 50 for the following Reason:

      Because it is not desirable to limit the duration of Part 2.

    The Commons disagree to Lords Amendment No. 51 for the following Reason:

      Because it is consequential on Amendments 49 and 50 to which the Commons have disagreed.

    The Reasons were agreed to.

    Message to the Lords to communicate the said Reasons, with the Bill and Amendments.

7    Civil Partnership Bill [Lords] (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 following provisions shall apply to the Civil Partnership Bill [Lords] for the purpose of supplementing the Order of 12th October 2004 (Civil Partnership Bill [Lords] (Programme)):

Consideration of Lords Message

    1. Any Message from the Lords may be considered forthwith without any Question put and proceedings on that Message shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.

Subsequent stages

    2. Any further Messages from the Lords may be considered forthwith without any Question 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—(Mr Vernon Coaker):—It was agreed to.

The Deputy Speaker suspended the sitting, pursuant to Order [8th November].

8    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, proceedings on the Housing Bill and any Lords Messages and Amendments that may be received may be proceeded with, though opposed, until any hour—(Bridget Prentice):—It was agreed to.

The Deputy Speaker suspended the sitting, pursuant to Order [8th November].

9    Message from the Lords,—A Message was brought from the Lords, as follows:

    The Lords do not insist on their remaining Amendment to the Armed Forces (Pensions and Compensation) Bill to which this House has disagreed;

    The Lords have agreed, without Amendment, to the Amendments made by this House to the Civil Partnership Bill [Lords];

    The Lords have agreed without Amendment to the Amendment proposed by this House to a Lords Amendment to the Pensions Bill; they do not insist on certain of their Amendments to which this House has disagreed and agree without Amendment to the Amendments proposed by this House in lieu thereof; and they do not insist on their remaining Amendment to which this House has disagreed, but do propose an Amendment in lieu thereof, to which they desire the agreement of this House.

10    Pensions Bill,—Lords Amendment in lieu of an Lords Amendment to the Pensions Bill to which this House has disagreed to be printed [Bill 184].

11    Pensions Bill,—The House, pursuant to Order [16th November], proceeded forthwith to consider the Lords Message relating to the Criminal Justice Bill.

    Lords Amendment No. 359B.

    A Motion was made, and the Question being put, That this House disagrees with the Lords in their Amendment—(Malcolm Wicks);

    The House divided.

      Tellers for the Ayes, Jim Fitzpatrick, Mr Vernon Coaker: 265.

      Tellers for the Noes, Mr Peter Atkinson, Gregory Barker: 155.

    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. 359B;

    That David Cairns, Margaret Moran, Mr Nigel Waterson, Steve Webb and Malcolm Wicks be members of the Committee;

    That Malcolm Wicks be the Chairman of the Committee;

    That three be the Quorum of the Committee;

    That the Committee do withdraw immediately—(Margaret Moran):—It was agreed to.

12    Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Gillian Merron);

The Deputy Speaker suspended the sitting, pursuant to Order [8th November].

13    Pensions Bill,—Malcolm Wicks reported from the Committee appointed to draw up a Reason to be assigned to the Lords for disagreeing to their Amendment No. 359B to the Pensions 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. 359B for the following Reason:

      Because it would alter the area of taxation, and the Commons do not offer any further Reason, trusting that this Reason may be deemed sufficient.

    The Reason was agreed to.

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

14    Message from the Lords,—A Message was brought from the Lords, as follows:

    The Lords insist on certain of their Amendments to the Hunting Bill to which this House has disagreed, for which insistence they assign their Reasons; they do not insist on certain of their other Amendments to which this House has disagreed but propose Amendments in lieu thereof, to which they desire the agreement of this House; they do not insist on their remaining Amendment to which this House has disagreed; and they have considered and disagreed to the Amendment which this House suggested pursuant to section 2(4) of the Parliament Act 1911.

15    Hunting Bill,—Lords Reasons for insisting on certain Lords Amendments and Lords Amendments in lieu of other Lords Amendments to which this House has disagreed to be considered to-morrow; and to be printed [Bill 185].

16    Adjournment,—The Question being again proposed, That this House do now adjourn;

    And the Question being put;

    Resolved, That this House do now adjourn.

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

[Adjourned at 10.20 a.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    Income Tax,—Draft Double Taxation Relief (Taxes on Income) (Georgia) Order 2004 [by Act], with an Explanatory Memorandum [by Command] [Dawn Primorolo].

2    Prisons,—Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2004 (S.I., 2004, No. 3009) dated 14th November 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy].

Papers subject to Negative Resolution:

3    Constitutional Law,—Scotland Act 1998 (Modification of Functions) Order 2004 (S.I., 2004, No. 2980), dated 10th November 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

4    Pensions,—Occupational Pensions (Revaluation) Order 2004 (S.I., 2004, No. 2948), dated 11th November 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Johnson].

5    Road Traffic,—Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2004 (S.I., 2004, No. 3028), dated 17th November 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

Other Papers:

6    Government Resource and Accounts,—Resource Accounts for 2003-04 of the—

    (1) Foreign and Commonwealth Office, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1261] [Mr Stephen Timms];

    (2) House of Commons: Administration, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1240] [The Speaker];

    (3) House of Commons: Members, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No 1239] [Clerk of the House]; and

    (4) Office of the Parliamentary Commissioner for Administration and Health Service Commissioner, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No 1268] [Clerk of the House].

7    National Loans,—Accounts relating to issues from the National Loans Fund for 2001-02, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1270] [Clerk of the House].

8    Northern Ireland,—First Report of the Secretary of State for Northern Ireland under section 11(1) of the Northern Ireland (Monitoring Commission etc.) Act 2003 [by Act] [Mr Secretary Murphy].

9    Public Libraries and Museums,—Report on Public Library Matters [by Act] [Secretary Tessa Jowell].

10    School Standards and Framework,—Account of the Stoke Education Action Zone for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1077] [Clerk of the House].

APPENDIX II

Standing Committees

European Standing Committees

1    European Union Document Nos. 9941/04, 11834/04 and 13300/04 and unnumbered Explanatory Memorandum dated 26th May 2004, submitted by the Foreign and Commonwealth Office, relating to the global satellite navigation system, have been referred to European Standing Committee A.

2    European Union Document No. 13177/04, relating to the European defence equipment market, has been referred to European Standing Committee B.

3    European Union Document No. 14497/04, relating to the procedure for the adoption of measures relating to visas, asylum and immigration, has been referred to European Standing Committee B.

APPENDIX III

Reports from Select Committees

1    Culture, Media and Sport,—Minutes of Evidence taken before the Culture, Media and Sport Committee [Public Libraries]; to be printed [No. 1088-i] [Sir Gerald Kaufman].

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

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

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

    [Mr George Howarth].

4    Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [Prison Education]; to be printed [No. 825-vii] [Mr Barry Sheerman].

5    Environment, Food and Rural Affairs,—(1) Nineteenth Report from the Environment, Food and Rural Affairs Committee [Water Pricing: follow-up], 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. 1186];

    (2) Minutes of Evidence taken before the Committee [Waste Policy and the Landfill Directive]; to be printed [No. 1256-ii]; and

    (3) Memoranda laid before the Committee [Water Pricing: follow-up]

    [Mr Michael Jack].

6    Environmental Audit,—Minutes of Evidence taken before the Environmental Audit Committee [The International Challenge of Climate Change: UK leadership in the G8 and EU]; to be printed [No. 1260-i] [Mr Peter Ainsworth].

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

    (2) Minutes of Evidence taken before the Committee [The EU's constitutional treaty]; to be printed [No. 1064-ii]

    [Mr Jimmy Hood].

8    Foreign Affairs,—Minutes of Evidence taken before the Foreign Affairs Committee [Cyprus]; to be printed [No. 1172-iv] [Mr Donald Anderson].

9    Human Rights,—Twenty-third Report from the Joint Committee on Human Rights [Scrutiny of Bills: Final Progress Report], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 1282] [Jean Corston].

10    Northern Ireland Affairs,—Minutes of Evidence taken before the Sub-Committee of the Northern Ireland Affairs Committee [Waste Management Strategy in Northern Ireland]; to be printed [No. 637-viii] [Mr Tony Clarke].

11    Office of the Deputy Prime Minister: Housing, Local Government and the Regions,—Memoranda submitted to the Office of the Deputy Prime Minister: Housing, Local Government and the Regions Committee [The Role and Effectiveness of the Standards Board for England]; to be printed [No.1118-ii] [Andrew Bennett].

12    Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [Improving IT procurement: The impact of the Office of Government Commerce's initiatives on departments and suppliers in the delivery of major IT-enabled projects]; to be printed [No. 1283-i] [Mr Edward Leigh].

13    Scottish Affairs,—Minutes of Evidence taken before the Scottish Affairs Committee [Implications for Grangemouth of BP's plans for its petrochemicals business]; to be printed [No. 905-ii] [Mrs Irene Adams].

14    Trade and Industry,—Minutes of Evidence taken before the Trade and Industry Committee [Midlands Car Industry]; to be printed [No. 1224-ii] [Mr Martin O'Neill].

15    Transport,—(1) Eighteenth Report from the Transport Committee [Galileo], together with Appendices to the Minutes of Evidence taken before the Committee; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 1210]; and

    (2) Minutes of Evidence taken before the Committee, together with Appendices [Department of Transport Annual Report 2004]; to be printed [No. 1280-i]

    [Mrs Gwyneth Dunwoody].

16    Treasury,—(1) Minutes of Evidence taken before the Sub-committee of the Treasury Committee [Excise Duty Fraud]; to be printed [No. 1281-i]; and

    (2) Appendices to the Minutes of Evidence taken before the Committee on 16th September and 12th October [EU Single Market in Financial Services]; to be printed [No. 1068-iii]

    [Mr John McFall].

17    Work and Pensions,—Minutes of Evidence taken before the Work and Pensions Committee [Child Support Agency]; to be printed [No. 928-iii] [Sir Archy Kirkwood].

[W.H., No. 102]

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.—(Mr Tom Watson.)

    And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 4.54 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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