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Session 2004 - 05
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House of Commons Votes and Proceedings
Wednesday 9th February 2005

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

PRAYERS.

1    Sixth Standing Committee on Delegated Legislation,—Mr Alan Hurst reported from the Sixth Standing Committee on Delegated Legislation the draft Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2005.

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

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

    Draft Children (Contact) and Adoption Bill,—The Lords communicate that they have appointed a Committee of six Lords to join with the Committee appointed by the Commons to consider and report on the draft Children (Contact) and Adoption Bill presented to both Houses on 2nd February 2005 (Cm. 6462);

    That the Committee have power to agree with the Commons in the appointment of a Chairman;

    That the Committee have leave to report from time to time;

    That the Committee have power to appoint specialist advisers;

    That the Committee have power to adjourn from place to place within the United Kingdom;

    That the quorum of the Committee shall be two;

    That the Reports of the Committee from time to time shall be printed, notwithstanding any adjournment of the House;

    That the Committee do report on the draft Bill by 26th May 2005.

3    Audible Motor Vehicle Alarms Bill,—Norman Baker, supported by Mr Alan Meale, Mr John Randall, Bob Russell, Mr Nigel Jones and Tony Wright, presented a Bill to establish requirements about the noise levels of, and the duration of noise emitted by, audible alarms within motor vehicles; to make provision about tests on motor vehicles in that connection; and for connected purposes: And the same was read the first time; and ordered to be read a second time on 18th March and to be printed [Bill 58].

4    Road Safety (Pillion Passengers),—Ordered, That leave be given to bring in a Bill to make provision about protective helmets for children riding on motor cycles as pillion passengers; to make further provision about motor cycle construction and use in relation to pillion passengers; to make it an offence to carry a child as a pillion passenger without parental consent; and for connected purposes: And that Mr Nigel Waterson, Mr John Horam, Mr Peter Ainsworth, Mr Robert Walter, Mr Roger Gale, Mr Julian Brazier, Mr Richard Spring, Mr Harry Barnes, Mr Edward O'Hara, Tom Cox, Mrs Jacqui Lait and Mr Bill Wiggin do prepare and bring it in.

5    Road Safety (Pillion Passengers) Bill,—Mr Nigel Waterson accordingly presented a Bill to make provision about protective helmets for children riding on motor cycles as pillion passengers; to make further provision about motor cycle construction and use in relation to pillion passengers; to make it an offence to carry a child as a pillion passenger without parental consent; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 18th March and to be printed [Bill 59].

6    European Union Bill,—The Order of the day being read, for the Second Reading of the European Union Bill;

    And a Motion being made, That the Bill be now read a second time;

    Mr Secretary Straw acquainted the House, That he had it in command from the Queen to acquaint the House that Her Majesty, having been informed of the purport of the Bill, has consented to place Her prerogative and interest, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill.

    And the Question being proposed;

    An Amendment was proposed to the Question, to leave out from the word 'That' to the end of the Question and add the words 'this House declines to give a second reading to the European Union Bill because, whilst it enables the broadly-supported and necessary Referendum to be held on the Constitution for Europe, it also provides for the implementation into UK law of that Constitution for Europe; it enshrines the primacy of European Union law and puts in place many of the elements of a state; it transfers further powers to the European Union institutions and further promotes the concept of a common foreign and security policy and a common economic policy; it further encourages the over-implementation of European regulations; it extends the powers to legislate by order; it extends the competences of the European Union in many areas including asylum and immigration, criminal and civil law; and it therefore further diminishes the sovereignty of the United Kingdom', instead thereof.—(Mr Michael Ancram.)

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

    The House divided.

      Tellers for the Ayes, Gregory Barker, Mr Geoffrey Clifton-Brown: 131.

      Tellers for the Noes, Joan Ryan, Mr Nick Ainger: 348.

    So the Question was negatived.

    And the Main Question being put forthwith, pursuant to Standing Order No. 62 (Amendment on second or third reading);

    The House divided.

      Tellers for the Ayes, Joan Ryan, Mr Nick Ainger: 345.

      Tellers for the Noes, Gregory Barker, Mr Geoffrey Clifton-Brown: 130.

    So the Question was agreed to.

    The Bill was accordingly read a second time.

7    European Union Bill (Programme),—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 83A (Programme motions), That the following provisions shall apply to the European Union Bill:

Committal

    1. The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee

    2.—(1) Proceedings in Committee of the whole House shall be completed in three days.

    (2) Those proceedings shall be taken in the order shown in the first column of the following Table and shall be brought to a conclusion (so far as not previously concluded) at the times specified in the second column.

    (3) Standing Order No. 83B (Programming committees) shall not apply to the proceedings on the Bill in Committee of the whole House.

    Proceedings
Time for conclusion of proceedings
    First and second day
    Clause No. 1, Schedule No. 1, Clauses Nos. 2 to 4, Schedule No. 2, new Clauses relating to Part 1, new Schedules relating to Part 1
Three hours after the commencement of proceedings on the Bill on the second day.
    Clause No. 5, new Clauses relating to Part 2, new Schedules relating to Part 2
The moment of interruption on the second day or three hours after the commencement of proceedings on Clause No. 5, whichever is the later.
    Third day
    Clause No. 6, Schedule No. 3, Clauses Nos. 7 and 8, new Clauses relating to Part 3, new Schedules relating to Part 3, remaining proceedings on the Bill
Five hours after the commencement of proceedings on Clause No. 6.

Consideration and Third Reading

    3. Any proceedings on consideration shall be brought to a conclusion (so far as not previously concluded) one hour before the moment of interruption on the day on which those proceedings are commenced.

    4. Proceedings on Third Reading shall be brought to a conclusion (so far as not previously concluded) one hour after the commencement of those proceedings or at the moment of interruption on the day on which they are commenced, whichever is the earlier.

    5. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Programming of other proceedings

    6. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed—(Gillian Merron);

    The House divided.

      Tellers for the Ayes, Mr Nick Ainger, Joan Ryan: 288.

      Tellers for the Noes, Gregory Barker, Mr Geoffrey Clifton-Brown: 166.

    So the Question was agreed to.

8    European Union Bill [Money],—Her Majesty's Recommendation having been signified to the proposed Motion relating to European Union Bill [Money];

    A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the European Union Bill, it is expedient to authorise—

    (1) the payment out of money provided by Parliament of—

      (a) expenditure incurred by a Minister of the Crown or government department by virtue of the Act; and

      (b) any increase attributable to the Act in the sums payable out of such money under any other Act;

    (2) the payment out of the Consolidated Fund of—

      (a) charges paid by the Electoral Commission in respect of services rendered, or expenses incurred, by or on behalf of the Chief Counting Officer or a counting officer in connection with the referendum for which the Act provides;

      (b) sums payable in respect of increases of superannuation contributions required to be paid by local authorities in consequence of fees paid as part of those charges;

      (c) sums in respect of expenses incurred in accordance with an order relating to the holding or conduct of a referendum in Gibraltar;

      (d) any increase attributable to the Act in the sums charged on and falling to be paid out of that Fund under any other Act;

    (3) the payment out of the National Loans Fund of any increase attributable to the Act in the sums payable out of that Fund under any other Act—(Gillian Merron):—It was agreed to.

9    European Union Bill [Ways and Means],—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the European Union Bill, it is expedient to authorise—

    (1) charges to taxation of the European Union that is to be established by the Treaty signed at Rome on 29th October 2004 establishing a Constitution for Europe;

    (2) the modification of the power of the Treasury by order under the European Communities Act 1972 to make provision about the imposition of customs duties on goods; and

    (3) the payment into the Consolidated Fund or the National Loans Fund of sums received by a Minister of the Crown or government department by virtue of the Act—(Gillian Merron):—It was agreed to.

10    Adjournment,—Resolved, That this House do now adjourn.—(Gillian Merron.)

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

[Adjourned at 8.08 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    Child Trust Funds,—Draft Child Trust Funds (Appeals) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Johnson].

2    Child Trust Funds (Northern Ireland),—Draft Child Trust Funds (Appeals) (Northern Ireland) Regulations 2005 [by Statutory Instrument], with an Explanatory Memorandum [by Command] [Mr Stephen Timms].

3    Electricity,—Draft Renewables Obligation Order 2005 [by Act], an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].

4    Justices of the Peace,—Draft Courts Act 2003 (Consequential Provisions) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Christopher Leslie].

5    National Lottery,—Draft New Opportunities Fund (Specification of Initiative) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Tessa Jowell].

6    Northern Ireland,—(1) Draft Budget (Northern Ireland) Order 2005; and

    (2) draft Special Educational Needs and Disability (Northern Ireland) Order 2005

    [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Murphy].

7    Pensions,—(1) Draft Occupational Pension Schemes (Levies) Regulations 2005; and

    (2) draft Occupational Pension Schemes (Modification of Pension Protection Provisions) Regulations 2005

    [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Johnson].

8    Public Audit,—Draft Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Peter Hain].

9    Regulatory Reform,—Draft Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005, with a Statement by the Department of Health and the National Assembly for Wales [by Act] [Mr Secretary Reid].

10    Social Security,—Draft Social Security Commissioners (Procedure) (Child Trust Funds) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy].

11    Town and Country Planning,—Draft Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

Papers subject to Negative Resolution:

12    Customs and Excise,—Export Control (Iraq and Ivory Coast) Order 2005 (S.I., 2005, No. 232), dated 7th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].

13    Environmental Protection,—End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (S.I., 2005, No. 263), dated 8th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].

14    Family Proceedings,—Family Proceedings (Amendment) Rules 2005 (S.I., 2005, No. 264), dated 7th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Christopher Leslie].

15    Judgments,—European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (S.I., 2005, No. 265), dated 7th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Christopher Leslie].

16    Security Industry,—(1) Private Security Industry (Licences) (Amendment) Regulations 2005 (S.I., 2005, No. 237);

    (2) Private Security Industry Act 2001(Designated Activities) Order 2005 (S.I., 2005, No. 234);

    (3) Private Security Industry Act 2001(Duration of Licence) Order 2005 (S.I., 2005, No. 235); and

    (4) Private Security Industry Act 2001(Repeal and Revocation) Order 2005 (S.I., 2005, No. 248),

    dated 7th February 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Clarke].

Other Papers:

17    Public Accounts,—Treasury Minutes on the Fifty-first and Fifty-second Reports from the Committee of Public Accounts, Session 2003-04 [by Command] [Cm. 6458] [Mr Stephen Timms].

18    Treaty Series (No. 1, 2005),—Amendment to the Agreement, done at Washington on 14th June 2004, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America for Cooperation on the Uses of Atomic Energy for Mutual Defence Purposes [by Command] [Cm. 6471] [Mr Secretary Straw].

Papers withdrawn:

19    Employment and Training,—Draft Industrial Training Levy (Engineering Construction Board) Order 2005 [laid 10th January].

20    Public Audit,—Draft Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005 [laid 4th February].

APPENDIX II

Standing Committees

1    Draft Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2005:

    (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 Peter Ainsworth, Mr David Atkinson, Mr Tim Boswell, Mr Colin Challen, David Hamilton, Paul Holmes, Huw Irranca-Davies, Helen Jones, Jane Kennedy, Mr Terry Lewis, Siobhain McDonagh, Chris Mole, Margaret Moran, Adam Price, Mr John Randall and Syd Rapson.

2    Licensing Act 2003 (Fees) Regulations 2005 (S.I., 2005, No. 79):

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

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Chris Bryant, Mr James Clappison, Mr David Clelland, Mr Geoffrey Clifton-Brown, Mr David Drew, Mr Adrian Flook, Mr Don Foster, Mr Roger Godsiff, Mr David Lammy, Laura Moffatt, Mr Malcolm Moss, Bridget Prentice, Bob Russell, Mr Martin Salter, Ms Gisela Stuart and Derek Wyatt.

3    Draft Drainage (Amendment) (Northern Ireland) Order 2005:

    (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: Ms Candy Atherton, Hugh Bayley, David Burnside, Mr Vernon Coaker, Mrs Louise Ellman, Mr Tom Harris, Mr Douglas Hogg, Mr Lindsay Hoyle, Mr Michael Jack, Mr David Kidney, Mr Edward Leigh, Mr Peter Luff, John Mann, Lembit Ípik, Mr Ian Pearson and Keith Vaz.

4    Draft Scotland Act 1998 (Modifications of Schedule 5) Order 2005, the draft Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 and the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005:

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

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Harry Barnes, Tom Cox, Angela Eagle, Paul Flynn, Mr Ian Liddell-Grainger, Mrs Anne McGuire, Mr Jim Murphy, Mr Ken Purchase, Mrs Barbara Roche, Andrew Selous, Sir Robert Smith, Mr Paul Stinchcombe, Mr Ian Taylor, Dr Desmond Turner, Mr Bill Wiggin and Pete Wishart.

5    Draft Gangmasters (Licensing Authority) Regulations 2005:

    (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, Peter Bradley, Andrew George, Patrick Hall, Mr Nick Hawkins, Mr Michael Jack, Alun Michael, Mr Owen Paterson, Joyce Quin, Alan Simpson, Mr Marsha Singh, Paddy Tipping, Jon Trickett, Mr Paul Truswell, Mr Roger Williams and Mr David Wilshire.

6    Draft Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2005,—The Committee of Selection has discharged Hugh Bayley, Mr Michael Clapham and Alan Howarth from the Sixth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Tony Cunningham, Mr Eric Joyce and David Wright.

APPENDIX III

Reports from Select Committees

1    Constitutional Affairs,—(1) Minutes of Evidence taken before the Constitutional Affairs Committee [Legal aid: asylum appeals]; to be printed [No. 276-i]; and

    (2) Memoranda laid before the Committee [The operation of the Special Immigration Appeals Commission (SIAC)]; to be printed [No. 323-II]

    [Mr A. J. Beith].

2    Defence,—Minutes of Evidence taken before the Defence Committee [Iraq]; to be printed [Nos. 65-iv and -v] [Bruce George].

3    Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [Every Child Matters]; to be printed [No. 40-vii] [Mr Barry Sheerman].

4    Environment, Food and Rural Affairs,—Minutes of Evidence taken before Environment, Food and Rural Affairs Committee [The work of Defra]; to be printed [No. 330-i] [Mr Michael Jack].

5    Environmental Audit,—Minutes of Evidence taken before Environmental Audit Committee [Pre-Budget 2004: the road ahead]; to be printed [No. 261-iv] [Mr Peter Ainsworth].

6    Human Rights,—(1) Seventh Report from the Joint Committee on Human Rights [Scrutiny: Third Progress Report]; together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 333]; and

    (2) Minutes of Evidence taken before the Committee [Government's response to the House of Lords' Belmarsh Judgment]; to be printed [No. 334-i]

    [Jean Corston]

7    International Development,—(1) Second Report from the International Development Committee [Work of the Committee in 2004]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 326];

    (2) Second Special Report from the Committee [Government Response to the Eighth Report from the Committee, Session 2003-04, on the Department for International Development: Departmental Report 2004]; to be printed [No. 327];

    (3) Minutes of Evidence taken before the Committee [Darfur, Sudan: Crisis, response and lessons]; to be printed [No. 67-iv]; and

    (4) Minutes of Evidence taken before the Committee [Responses to the Asian tsunami earthquake disaster]; to be printed [No. 328-i]

    [Tony Baldry].

8    Northern Ireland Affairs,—(1) Fifth Report from the Northern Ireland Affairs Committee [The Functions of the Office of the Police Ombudsman for Northern Ireland], 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. 108]; and

    (2) Minutes of Evidence taken before the Committee [Reconciliation: Ways of dealing with Northern Ireland's past]; to be printed [No. 303-ii]

    [Mr Michael Mates].

9    Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [Home Office: Reducing Vehicle Crime]; to be printed [No. 332-i] [Mr Edward Leigh].

10    Science and Technology,—Minutes of Evidence taken before the Science and Technology Committee [Forensic Science]; to be printed [No. 96-v] [Dr Ian Gibson].

11    Transport,—Minutes of Evidence taken before the Transport Committee [Search and Rescue]; to be printed [No. 322-i] [Mrs Gwyneth Dunwoody].

12    Treasury,—Minutes of Evidence taken before the Sub-Committee of the Treasury Committee [Performance Targets and Monitoring]; to be printed [No. 331] [Mr John McFall].

13    Welsh Affairs,—(1) Second Report from the Welsh Affairs Committee [Manufacturing and Trade in Wales], 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. 329];

    (2) Third Report from the Committee [Public Services Ombudsman (Wales) Bill [Lords]], 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. 234]; and

    (3) Minutes of Evidence taken before the Committee [Police Service, Crime and Anti-Social Behaviour in Wales]; to be printed [No. 46-vi]

    [Mr Martyn Jones].

14    Work and Pensions,—Minutes of Evidence taken before the Work and Pensions Committee [Service Delivery to Minority Ethnic Customers]; to be printed [No. 268-i] [Sir Archy Kirkwood].

[W.H., No. 21]

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.—(Gillian Merron.)

    And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 4.29 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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