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Session 2004 - 05
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House of Commons Votes and Proceedings
Monday 7th February 2005

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

PRAYERS.

1    First Standing Committee on Delegated Legislation,—Miss Anne Begg reported from the First Standing Committee on Delegated Legislation the draft Terrorism Act 2000 (Continuance of Part VII) Order 2005.

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

2    Serious Organised Crime and Police Bill,—The House, according to Order, proceeded to consider the Serious Organised Crime and Police Bill, as amended in the Standing Committee.

    A Clause (NC3) (Racial and religious hatred)—(Mr David Heath)—brought up, and read the first time.

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

    And it being one and a half hours after the commencement of proceedings on the Bill, the Deputy Speaker put the Question already proposed from the Chair, pursuant to Order [3rd February].

    The House divided.

      Tellers for the Ayes, Bob Russell, Sir Robert Smith: 191.

      Tellers for the Noes, Mr Tom Watson, James Purnell: 291.

    The Deputy Speaker then put the Question on an Amendment moved by a Minister of the Crown to be disposed of at that hour.

    Amendment (No. 106) made to the Bill.

    The Deputy Speaker then put the Question on a new Clause selected by the Speaker for separate decision.

    Another Clause (NC4) (Blasphemy)—(Dr Evan Harris)—brought up, an read the first time.

    Question put, That the Clause be added to the Bill.

    The House divided.

      Tellers for the Ayes, Mr John Bercow, Dr Evan Harris: 80.

      Tellers for the Noes, Mr Tom Watson, James Purnell: 339.

    Another Clause (NC6) (Interception of communications)—(Mr Andrew Mitchell)—brought up, and read the first time.

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

    And it being two and a half hours after the commencement of proceedings on the Bill, the Deputy Speaker put the Question already proposed from the Chair, pursuant to Order.

    The House divided.

      Tellers for the Ayes, Mr Peter Atkinson, Mr Mark Prisk: 175.

      Tellers for the Noes, Mr Tom Watson, James Purnell: 288.

    Another Clause (NC10) (Interference with contractual relationships so as to harm animal research organisation)—(Caroline Flint)—brought up, and read the first time.

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

    And it being three and a half hours after the commencement of proceedings on the Bill, the Deputy Speaker put the Question already proposed from the Chair, pursuant to Order:—It was agreed to.

    Clause added to the Bill.

    The Deputy Speaker then put the Questions on a new Clause selected by the Speaker for separate decision.

    Another Clause (NC11) (Intimidation of persons connected with animal research organisation)—(Caroline Flint)—brought up, and read the first time.

    Amendment (b) proposed to the proposed Clause, in Line 4, after the word 'act', to insert the words 'or A or someone at the instigation of A does a relevant act,'.—(Mr Jonathan Djanogly.)

    Question put, That the Amendment to the proposed Clause be made.

    The House divided.

      Tellers for the Ayes, Andrew Selous, Mr Geoffrey Clifton-Brown: 95.

      Tellers for the Noes, Mr Vernon Coaker, Paul Clark: 313.

    Clause added to the Bill.

    The Deputy Speaker then put the Questions on the Amendments and new Clauses moved by a Minister of the Crown to be disposed of at that hour.

    Clauses (NC12) (Penalty for offences under sections (Interference with contractual relations so as to harm animal research organisation) and (Intimidation of persons connected with animal research organisation)), (NC13) (Animal research organisations), (NC14) (Extension of sections (Interference with contractual relations so as to harm animal research organisation) and (Intimidation of persons connected with animal research organisation))—(Caroline Flint)—brought up, read the first time and added to the Bill.

    Other Amendments (Nos. 99, 100 and 110) made to the Bill.

    Another Clause (NC7) (Police members of SOCA to have powers of constable etc.)—(Mr Andrew Mitchell)—brought up, and read the first time.

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

    The House divided.

      Tellers for the Ayes, Andrew Selous, Mr Peter Atkinson: 134.

      Tellers for the Noes, Mr Vernon Coaker, Paul Clark: 292.

    It being four and a half hours after the commencement of proceedings on the Bill, the Deputy Speaker then put the Questions on the Amendments moved by a Minister of the Crown to be disposed of at that hour, pursuant to Order.

    Other Amendments (Nos. 67 and 68) made to the Bill.

    Another Clause (NC18) (Demonstrating without authorisation in designated area)—(Caroline Flint)—brought up, and read the first time.

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

    And it being five and a half hours after the commencement of proceedings on the Bill, the Speaker put the Question already proposed from the Chair, pursuant to Order.

    The House divided.

      Tellers for the Ayes, Mr Jim Murphy, Margaret Moran: 299.

      Tellers for the Noes, Bob Russell, Sir Robert Smith: 86.

    Clause added to the Bill.

    The Speaker proceeded to put forthwith the Questions on the remaining Amendments, new Clauses and new Schedules moved by a Minister of the Crown.

    Other Clauses (NC19) (Notice of demonstrations in designated area), (NC20) (Authorisation of demonstrations in designated area), (NC21) (Supplementary directions), (NC22) (Offences under sections (Demonstrating without authorisation in designated area) to (Supplementary directions): penalties), (NC23) (Loudspeakers in designated area), (NC24) (The designated area), (NC8) (Financial reporting orders: making in Northern Ireland), (NC9) (Part 5 of the Police Act 1997: Northern Ireland), (NC15) (Minor and consequential amendments relating to Chapter 6), (NC16) (Special measures for witnesses in proceedings for anti-social behaviour orders etc.), (NC17) (Power to seize etc. vehicles driven without licence or insurance)—(Caroline Flint)—brought up, read the first time.

    Question put that the Clauses Nos. 19 to 24, 8, 9, and 15 to 17 be added to the Bill.

    The House divided.

      Tellers for the Ayes, Mr Jim Murphy, Margaret Moran: 263.

      Tellers for the Noes, Andrew Selous, Mr Geoffrey Clifton-Brown: 88.

    Other Amendments (Nos. 1, 6, 168, 63 to 66, 69 to 79, 39 to 46, 53 to 58, 80 to 88, 47 to 49, 173 to 178, 59, 89 to 98, 179, 50, 60, 180, 181, 101 to 104, 61 and 62, 105, 140 to 143, 51 and 52, 169 to 172, 107 to 109 and 144 to 165) made to the Bill.

    A Schedule (NS1) (Remaining minor and consequential amendments)—(Caroline Flint)—brought up, read the first time and added to the Bill.

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

    And it being six and a half hours after the commencement of proceedings on the Bill, the Deputy Speaker put the Question, pursuant to Order.

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

3    Political Parties,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Political Parties, Elections and Referendums Act 2000 (Disapplication of Part IV for Northern Ireland Parties, etc) Order 2005, which was laid before this House on 20th December, be approved—(Mr John Heppell):—It was agreed to.

4    Companies,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Companies Act 1985 (Operating and Financial Review and Directors' Report etc.) Regulations 2005, which were laid before this House on 12th January, be approved—(Mr John Heppell):—It was agreed to.

5    Delegated Legislation,—Ordered, That the Licensing Act 2003 (Fees) Regulations 2005 (S.I., 2005, No. 79), dated 20th January 2005, the Financing of Maintained Schools (England) Regulations 2004 (S.I., 2004, No. 3130), dated 9th December 2004 and the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2004 (S.I., 2004, No. 3131), dated 9th December 2004 be referred to Standing Committees on Delegated Legislation.—(Mr John Heppell.)

6    Adjournment,—Resolved, That this House do now adjourn.—(Mr John Heppell.)

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

[Adjourned at 11.31 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    Immigration and Asylum,—Draft Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

2    Northern Ireland,—Draft Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy].

Papers subject to Negative Resolution:

3    Agriculture,—(1) Common Agricultural Policy Single Payment and Support Schemes Regulations 2005 (S.I., 2005, No. 219); and

    (2) Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2005 (S.I., 2005, No. 218),

    dated 1st February 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Secretary Margaret Beckett].

4    Broadcasting,—Foreign Satellite Service Proscription Order 2005 (S.I., 2005, No. 220), dated 7th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Tessa Jowell].

5    Criminal Law,—Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2005 (S.I., 2005, No. 210), dated 3rd February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

6    Landlord and Tenant,—Leasehold Houses (Notice of Insurance Cover) (England) (Amendment) Regulations 2005 (S.I., 2005, No. 177), dated 31st January 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

7    Police,—Police (Promotion) (Amendment) Regulations 2005 (S.I., 2005, No. 178), dated 29th January 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

8    Rates,—Rates (Regional Rates) Order (Northern Ireland) 2005 (S.R.(N.I.), 2005, No. 21), dated 24th January 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Murphy].

9    Road Traffic,—Road Traffic (Permitted Parking Area and Special Parking Area) (City of Sheffield) Order 2005 (S.I., 2005, No. 194), dated 3rd February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

Other Papers:

10    Foreign and Commonwealth Office,—Commentary on the Treaty establishing a Constitution for Europe [by Command] [Cm. 6459] [Mr Secretary Straw].

11    Home Office,—Paper, entitled Controlling our borders: Making migration work for Britain—Five year strategy for asylum and immigration [by Command] [Cm. 6472] [Mr Secretary Clarke].

12    Immigration,—Statement of Changes in Immigration Rules [by Act]; to be printed [No. 302] [Mr Secretary Clarke].

13    Members' Interests,—Register of Members' Interests as at 28th January 2005 [pursuant to the Resolutions of 22nd May 1974, 28th June 1993, 6th November 1995 and 14th May 2002]; to be printed [No. 309] [Clerk of the House].

14    National Audit,—Reports by the Comptroller and Auditor General on—

    (1) Darent Valley Hospital: The PFI Contract in Action; and

    (2) Department of Trade and Industry: Renewable Energy

    [by Act]; to be printed [No. 209 and 210] [Clerk of the House].

15    Public Petitions,—Observations by the Secretary of State for Work and Pensions on the Petition [20th December] from June Tagg and the organisation 'Carers Unite' for legislation to increase the invalid care allowance and for the carer's premium to be payable to all carers [by Standing Order] [Clerk of the House].

16    Social Security Administration (Northern Ireland),—Account of the Northern Ireland National Insurance Fund for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 198] [Clerk of the House].

Papers withdrawn:

17    Pensions,—Draft Occupational Pension Scheme (Levies) Regulations 2005 [laid 2nd February].

APPENDIX II

Standing Committees

1    Criminal Law (Amendment) (Householder Protection) Bill,—The Speaker has allocated the Bill to Standing Committee C.

2    Draft Terrorism Act 2000 (Continuance of Part VII) Order 2005,—The Committee of Selection has discharged Mr Stephen Byers, Chris Mole and Derek Wyatt from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution, Dr Nick Palmer, Mr Mark Todd and Mr Anthony D. Wright.

3    Draft Extradition Act 2003 (Amendment to Designations) Order 2005,—The Speaker has appointed Frank Cook Chairman of the Third Standing Committee on Delegated Legislation in place of Mr Mike Hancock in respect of the draft Order.

4    Draft Asylum (Designated States) Order 2005,—The Committee of Selection has discharged Mr David Heath from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr Alistair Carmichael.

APPENDIX III

Reports from Select Committees

1    Constitutional Affairs and Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—Minutes of Evidence taken before the Constitutional Affairs and Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committees [Electoral registration]; to be printed [No. 243-iii] [Andrew Bennett].

2    Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [Teaching Children to Read]; to be printed [No. 121-ii] [Mr Barry Sheerman].

3    International Development,—Minutes of Evidence taken before the International Development Committee [The European Union's trade agreements with African, Caribbean and Pacific countries]; to be printed [No. 68-ii] [Tony Baldry].

4    Public Accounts,—(1) Fifth Report from the Committee [Excess Votes 2003-04]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 310];

    (2) Sixth Report from the Committee [Excess Votes (Northern Ireland) 2003-04]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 311];

    (3) Seventh Report from the Committee [Foreign and Commonwealth Office: Visa entry to the United Kingdom: the entry clearance operation]; to be printed, together with the Minutes of Proceedings of the Committee relating to the Report [No. 312]; and

    (4) Minutes of Evidence taken before the Committee [The Accounts of the Duchies of Cornwall and Lancaster]; to be printed [No. 313-i]

    [Mr Edward Leigh].

5    Science and Technology,—(1) Fourth Special Report from the Science and Technology Committee [Government support for Beagle 2: Responses to the Committee's Twelfth Report, Session 2003-04]; to be printed [No. 301]; and

    (2) Minutes of Evidence taken before the Committee [Strategic science provision in English Universities]; to be printed [No. 220-i]

    [Dr Ian Gibson].



 
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