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House of Commons Votes and Proceedings
Tuesday 14th December 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 proposal for the Regulatory Reform (Prison Officers) (Industrial Action) Order 2004, which was laid before the House on 18th October, should be amended before a draft Order is laid before the House.

2    Income Tax (Trading and Other Income) Bill,—Mr Joe Benton reported from the Second Reading Committee on the Income Tax (Trading and Other Income) Bill, That it had come to the following Resolution, which it had directed him to report to the House: That the Committee recommends that the Income Tax (Trading and Other Income) Bill ought to be read a second time.

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

3    Mental Capacity Bill (Programme) (No. 3),—Ordered, That the Order of 11th October 2004 (Mental Capacity Bill (Programme)) (as amended by the Order of 12th October 2004 (Mental Capacity Bill (Programme) (No. 2)) be varied as follows—

Consideration and Third Reading

1. Paragraphs 4 and 5 of the Order of 11th October 2004 shall be omitted. 2. The proceedings shown in the first column of the following table shall (so far as not previously concluded) be brought to a conclusion at the time specified in the second column—
    New Clauses relating to life-sustaining treatment and best interests
3.30 p.m. on the day on which proceedings on consideration are begun.
    New Clauses relating to research and to independent consultees
5.30 p.m. on that day.
    Remaining proceedings on consideration
6 p.m. on that day.
3. Proceedings on Third Reading shall, so far as not previously concluded, be brought to a conclusion at 7 p.m. on that day.—(Mr David Lammy.)

4    Mental Capacity Bill,—The House, according to Order, proceeded to consider the Mental Capacity Bill.

    A Clause (NC1) (Excluded decisions)—(Jim Dobbin)—brought up, and read the first time.

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

    And it being half-past Three o'clock, the Deputy Speaker put the Question, pursuant to Order [this day].

The House divided.

      Tellers for the Ayes, Miss Ann Widdecombe, Ann Winterton: 203.

      Tellers for the Noes, Mr Nick Ainger, Paul Clark: 297.

The Deputy Speaker then put the Question on a new Clause selected for separate decision. Another Clause (NC2) (Excluded decisions (No. 2))—(Ann Winterton)—brought up, and read the first time. Question put, That the Clause be added to the Bill.

    The House divided.

      Tellers for the Ayes, Ann Winterton, Mr Kerry Pollard: 198.

      Tellers for the Noes, Mr Nick Ainger, Paul Clark: 296.

Another Clause (NC3) (Non-therapeutic procedures)—(Mr Kevin Barron)—brought up, and read the first time.

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

Another Clause (NC5) (Appointment of Independent Advocates (No. 2))—(Paul Holmes)—brought up, and read the first time. Question proposed, That the Clause be read a second time. And it being half-past Five o'clock, the Deputy Speaker put the Question. The House divided.

      Tellers for the Ayes, Richard Younger-Ross, Bob Russell: 106.

      Tellers for the Noes, Mr Nick Ainger, Paul Clark: 345.

Amendments (Nos. 3 and 4) made to the Bill.

    Another Amendment (No. 1) proposed to the Bill, in page 2, line 41, at the end, to insert the words—

    '(3A) Where the determination concerns or affects the person's personal welfare, he must consider the person's life and health as basic to that welfare.'.—(Mr Iain Duncan Smith.)

Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Miss Ann Widdecombe, Andrew Rosindell: 174.

      Tellers for the Noes, Mr Nick Ainger, Paul Clark: 326.

Another Amendment (No. 2) proposed to the Bill, in page 3, line 3, at the end, to insert the words—

    '(4A) He must, where the determination relates to life-sustaining treatment, begin by assuming that it will be in the person's best interests for his life to continue.'.—(Mr George Howarth.)

    Question proposed, That the Amendment be made.

Amendment ((a)) made to the proposed Amendment, in line 2, by leaving out the word 'best'.—(Mr David Lammy.) Proposed Amendment, as amended, made to the Bill. It being Six o'clock, the Deputy Speaker put the Questions on Amendments selected for separate decision.

    Another Amendment (No. 32) proposed to the Bill, in page 14, line 10, to leave out Clause No. 24.—(Dr Brian Iddon.)

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Miss Ann Widdecombe, Ann Winterton: 110.

      Tellers for the Noes, Mr Tom Watson, Mr Vernon Coaker: 366.

    Another Amendment (No. 43) proposed to the Bill, in page 17, line 24, at the end, to insert the words—

    '(c)  be in the best interests of P.'.—(Mr Dominic Grieve.)

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Mr Paul Goodman, Mr Adrian Flook: 148.

      Tellers for the Noes, Mr Tom Watson, Mr Vernon Coaker: 321.

    The Deputy Speaker then put the Question on the remaining Amendments moved by a Minister of the Crown.

    Other Amendments (No. 5, 37, 38, 6 to 25, 39 and 26 to 31) made to the Bill.

    A Motion was made, and the Question being proposed, That the Bill be now read the third time;

    And it being Seven o'clock, the Deputy Speaker put the Question, pursuant to Order [this day].

    The House divided.

      Tellers for the Ayes, Mr Jim Murphy, Jim Fitzpatrick: 354.

      Tellers for the Noes, Miss Ann Widdecombe, Ann Winterton: 118.

    So the Question was agreed to.

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

5    Freedom of Information,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004, which was laid before this House on 4th November, in the last Session of Parliament, be approved—(Derek Twigg):—It was agreed to.

6    Freedom of Information,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Freedom of Information (Time for Compliance with Request) Regulations 2004, which were laid before this House on 4th November, in the last Session of Parliament, be approved—(Derek Twigg):—It was agreed to.

7    Legal Services,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Institute of Trade Mark Attorneys Order 2004, which was laid before this House on 3rd November, in the last Session of Parliament, be approved—(Derek Twigg):—It was agreed to.

8    Freedom of Information,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Environmental Information Regulations 2004, which were laid before this House on 27th October, in the last Session of Parliament, be approved—(Derek Twigg):—It was agreed to.

9    Urban Development,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the West Northamptonshire Development Corporation (Area and Constitution) Order 2004, dated 4th May 2004, a copy of which was laid before this House on 13th May, in the last Session of Parliament, be approved—(Derek Twigg):—It was agreed to.

10    Financial Services and Markets,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2004 (S.I., 2004, No. 2737), dated 16th November 2004, a copy of which was laid before this House on 16th November, in the last Session of Parliament, be approved—(Derek Twigg):—It was agreed to.

11    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 Financial Provisions (Northern Ireland) Order 2004, which was laid before this House on 25th November, be approved—(Derek Twigg):—It was agreed to.

12    International Immunities and Privileges,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Agency for International Trade Information and Co-operation (Legal Capacities) Order 2004, which was laid before this House on 16th September, in the last Session of Parliament, be approved—(Derek Twigg):—It was agreed to.

13    Non-Domestic Rating,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2004, which were laid before this House on 2nd December, be approved—(Derek Twigg):—It was agreed to.

14    Procedure for the Adoption of Measures Relating to Visas, Asylum and Immigration,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 119 (European Standing Committees), That this House takes note of European Union Document No. 15130/04, and Corrigendum 1; notes that the draft Council Decision is one of the final steps in the arrangements to move asylum and immigration measures to QMV and co-decision, as agreed at Amsterdam and Nice; and supports the Government's position that the procedure will provide for more efficient decision-making in the Council—(Derek Twigg):—It was agreed to.

15    Public Petitions,—A Public Petition from Anne Crabtree and other pensioners for the retention of the order book system for paying pensions was presented and read; and ordered to lie upon the Table and to be printed.

16    Public Petitions,—Public Petitions from—

    (1) members of the Bromley Baptist Church against the proposed deportation of Adela Nawaki and Mohammed Yasin Nawaki; and

    (2) Crown Rise, Maesteg, South Wales, for a meeting regarding the safety of the culvert alongside Crown Rise

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

17    Adjournment,—Resolved, That this House do now adjourn.—(Derek Twigg.)

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

[Adjourned at 7.44 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    Representation of the People,—Draft Parliamentary Constituencies (Scotland) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

Papers subject to Negative Resolution:

2    Fire and Rescue Services,—Fire and Rescue Services (National Framework) (England) Order 2004 (S.I., 2004, No. 3217), dated 7th December 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

3    Non-Domestic Rating,—Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004 (S.I., 2004, No. 3315), dated 14th December 2004 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

4    Road Traffic,—(1) Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (District of East Hertfordshire) Order 2004 (S.I., 2004, No. 3310); and

    (2) Road Vehicles (Registration and Licensing) (Amendment) (No. 5) Regulations 2004 (S.I., 2004, No. 3298),

    dated 9th December 2004 [by Act], with Explanatory Memorandum thereon [by Command] [Mr Secretary Darling].

Other Papers:

5    Air Force Constitution,—Amendment to the Rates of Pay, Bounties and Allowances of the Royal Air Force Reserve and Royal Auxiliary Air Force [by Act] [Mr Secretary Hoon].

6    Boundary Commission for Scotland,—Fifth Periodical Report of the Boundary Commission for Scotland [by Command] [Cm. 6427] [Mr Secretary Darling].

7    Foreign and Commonwealth Office,—Foreign and Commonwealth Office: Autumn Performance Report 2004 [by Command] [Cm. 6409] [Mr Secretary Straw].

8    Health,—Department of Health: Autumn Performance Report 2004 [by Command] [Cm. 6417] [Mr Secretary Reid].

9    Law Commission,—Report of the Law Commission entitled Towards a Compulsory Purchase Code: (2) Procedure Final Report [by Command] [Cm. 6406] [Mr Christopher Leslie].

10    Police (Northern Ireland),—Twelfth Report of the Oversight Commissioner [by Act] [Secretary Paul Murphy].

APPENDIX II

Standing Committees

Railways Bill,—The Speaker has appointed Mr Eric Forth as an additional Chairman of Standing Committee A in respect of the Bill.

APPENDIX III

Reports from Select Committees

1    Constitutional Affairs,—Minutes of Evidence taken before the Constitutional Affairs Committee [Family Justice: The operation of the family courts]; to be printed [No. 116-ii] [Mr A. J. Beith].

2    Culture, Media and Sport,—Minutes of Evidence taken before the Culture, Media and Sport Committee [Public Libraries]; to be printed [No. 81-ii] [Sir Gerald Kaufman].

3    Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Sub-Committee on The Future for UK Fishing of the Environment, Food and Rural Affairs Committee [The Future for UK Fishing]; to be printed [No. 122-iii] [Mr Michael Jack].

4    Environmental Audit,—Minutes of Evidence taken before the Environmental Education Sub-Committee of the Environmental Audit Committee [Environmental Education: Follow-up to the Learning the Sustainability Lesson Inquiry]; to be printed [No. 84-ii] [Mr Peter Ainsworth].

5    Foreign Affairs,—Minutes of Evidence taken before the Foreign Affairs Committee [Foreign Policy Aspects of the War against Terrorism]; to be printed [No. 36-ii] [Mr Donald Anderson].

6    Home Affairs,—(1) Minutes of Evidence taken before the Home Affairs Committee [Terrorism and Community Relations]; to be printed [No. 165-i]; and

    (2) Memoranda laid before the Committee [Terrorism and Community Relations]; to be printed [No. 165-III]

    [Mr John Denham].

7    International Development,—(1) First Special Report from the International Development Committee [Government Response to the Sixth Report from the Committee, Session 2003-04, on Migration and Development: How to make migration work for poverty reduction]; to be printed [No. 163]; and

    (2) Part of the Minutes of Evidence taken before the Committee [Darfur, Sudan: Crisis, Response and Lessons]; to be printed [No. 67-ii]

    [Tony Baldry].

8    Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—(1) First Report from the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee [The Draft Regional Assemblies Bill], 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. 62-I];

    (2) Second Report from the Committee [The Work of the Committee in 2004], 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. 149]; and

    (3) Minutes of Evidence taken before the Committee [Homelessness]; to be printed [No. 61-iii]

    [Andrew Bennett].

9    Public Accounts,—(1) Second Report from the Committee of Public Accounts [Tackling cancer in England: saving more lives]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 166]; and

    (2) Minutes of Evidence taken before the Committee [Department of Health—Reforming NHS Dentistry: Ensuring effective management of risks]; to be printed [No. 167-i]

    [Mr Edward Leigh].

10    Public Administration,—Minutes of Evidence taken before the Select Committee on Public Administration [Government by Inquiry?]; to be printed [No. 51-ii] [Tony Wright].

11    Regulatory Reform,—Third Report from the Regulatory Reform Committee [Proposal for the Regulatory Reform (Prison Officers) (Industrial Action) Order 2004]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 148] [Mr Peter Pike].

12    Statutory Instruments,—Third Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 66-iii] [Mr David Tredinnick].

13    Trade and Industry,—Minutes of Evidence taken before the Trade and Industry Committee [The Competitiveness of the UK Aerospace Industry; Crown Post Offices]; to be printed [Nos. 151-i and 91-ii] [Mr Martin O'Neill].

14    Treasury,—Minutes of Evidence taken before the Treasury Committee [The 2004 Pre-Budget Report]; to be printed [No. 138-ii] [Mr John McFall].

[W.H., No. 5]

Minutes of Proceedings of the Sitting in Westminster Hall

The sitting began at half-past Nine o'clock.

Adjournment,—Resolved, That the sitting be now adjourned.—(Margaret Moran.) And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 4.32 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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