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Session 2004 - 05
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House of Commons Votes and Proceedings
Thursday 10th February 2005

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

PRAYERS.

1    Seventh Standing Committee on Delegated Legislation,—Mr Bill O'Brien reported from the Seventh Standing Committee on Delegated Legislation the draft Gender Recognition (Approved Countries and Territories) Order 2005.

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

2    Eighth Standing Committee on Delegated Legislation,—Mr Nigel Beard reported from the Eighth Standing Committee on Delegated Legislation the draft Industrial Training Levy (Construction Board) Order 2005.

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

3    Ninth Standing Committee on Delegated Legislation,—Mr Peter Pike reported from the Ninth Standing Committee on Delegated Legislation the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 (S.I., 2004, No. 3244).

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

4    Tenth Standing Committee on Delegated Legislation,—Janet Anderson reported from the Tenth Standing Committee on Delegated Legislation the draft Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2005.

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

5    Second Chamber of Parliament Bill,—Mr Paul Tyler, supported by Mr Kenneth Clarke, Mr Robin Cook, Tony Wright and Sir George Young, presented a Bill to make provision for and in connection with membership of the Second Chamber of Parliament: And the same was read the first time; and ordered to be read a second time on Friday 8th April and to be printed [Bill 60].

6    Identity Cards Bill (Programme) (No. 2),—A Motion was made, and the Question being proposed, That the Order of 20th December 2004 (Identity Cards Bill (Programme)) be varied as follows:

For paragraph 4 substitute— 4. Proceedings on consideration 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.
    Proceedings
Time for conclusion of proceedings
    New Clauses relating to the purposes and scope of registration and identity cards
2.45 p.m. on the day on which proceedings on consideration are commenced.
    New Clauses relating to the National Identity Scheme Commissioner; Amendments relating to Clauses Nos. 24 and 25
3.45 p.m. on that day.
    Remaining new Clauses, Amendments relating to Clauses Nos. 1 to 23, Amendments relating to Clause No. 26, Amendments relating to Clauses No. 33 to 45, new Schedules, Amendments relating to Schedules Nos. 1 and 2
4.30 p.m. on that day.
    Amendments relating to Clauses Nos. 27 to 32 and any remaining proceedings on consideration
5.00 p.m. on that day—(Mr Desmond Browne);
And it being three-quarters of an hour after the commencement of proceedings on the Motion, the Deputy Speaker put the Question, pursuant to Standing Order No. 83A (Programme motions). The House divided.

      Tellers for the Ayes, Mr Nick Ainger, Mr Jim Murphy: 220.

      Tellers for the Noes, Mr Peter Atkinson, Mr Mark Prisk: 131.

So the Question was agreed to.

7    Identity Cards Bill,—The House, according to Order, proceeded to consider the Identity Cards Bill, as amended in the Standing Committee.

A Clause (NC1) (National Identification Scheme)—(Mr Humfrey Malins)—brought up, and read the first time. Question proposed, That the Clause be read a second time. And it being a quarter to Three o'clock, the Deputy Speaker put the Question, pursuant to Order [this day]. The House divided.

      Tellers for the Ayes, Gregory Barker, Mr John Randall: 128.

      Tellers for the Noes, Gillian Merron, Margaret Moran: 221.

Another Clause (NC4) (Application of Freedom of Information Act)—(Mr Humfrey Malins)—brought up, and read the first time. Question proposed, That the Clause be read a second time. And it being a quarter to Four o'clock, the Deputy Speaker put the Question. The House divided.

      Tellers for the Ayes, Mr Mark Prisk, Mr Geoffrey Clifton-Brown: 126.

      Tellers for the Noes, Gillian Merron, Margaret Moran: 233.

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. 56) made to the Bill. The Deputy Speaker then put the Question on an Amendment selected for separate decision. Another Amendment (No. 26) proposed to the Bill, in page 22, line 3, to leave out the words 'make a report to the Secretary of State' and insert the words 'lay before each House of Parliament a general report', instead thereof.—(Mr Humfrey Malins.) Question put, That the Amendment be made. The House divided.

      Tellers for the Ayes, Mr Mark Prisk, Mr John Randall: 125.

      Tellers for the Noes, Mr Tom Watson, James Purnell: 236.

Another Clause (NC3) (Disclosure from the Register: unlawful activities)—(Patrick Mercer)—brought up, and read the first time. Question proposed, That the Clause be read a second time. And it being half-past Four o'clock, the Deputy Speaker put the Question:—It was negatived. The Deputy Speaker then put the Question on an Amendment selected for separate decision.

    Another Amendment (No. 44) proposed to the Bill, in page 4, line 43, at the end, to insert the words—

      '(d) state that the individual does not consent to be included in the Register on the basis of the application.'.—(Mr Richard Allan.)

    Question put, That the Amendment be made.

    The House divided.

      Tellers for the Ayes, Mr Alan Reid, Sir Robert Smith: 54.

      Tellers for the Noes, Mr Tom Watson, James Purnell: 227.

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

Other Amendments (Nos. 52 to 55) made to the Bill. Other Amendments (Nos. 57 to 60 and 75 to 78) made to the Bill. A Motion being made, That the Bill be now read the third time; Mr Secretary Clarke, by Her Majesty's Command, acquainted the House, That Her Majesty, having been informed of the purport of the Bill, gives her Consent, as far as Her Majesty's prerogative is concerned, That the House may do therein as it shall think fit. And the Question being proposed; And it being Six o'clock, the Deputy Speaker put the Question, pursuant to Order [20th December]. The House divided.

      Tellers for the Ayes, Mr Nick Ainger, Mr Vernon Coaker: 224.

      Tellers for the Noes, Sir Robert Smith, Bob Russell: 64.

So the Question was agreed to. The Bill was accordingly read the third time, and passed.

8    Extradition,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Extradition Act 2003 (Amendment to Designations) Order 2005, which was laid before this House on 13th January, be approved—(Mr Thomas McAvoy):—It was agreed to.

9    Immigration,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Asylum (Designated States) Order 2005, which was laid before this House on 18th January, be approved—(Mr Thomas McAvoy):—It was agreed to.

10    European Defence Market Equipment,—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. 13177/04, on the European Commission Green Paper on Defence Procurement; endorses the Government's support for the Green Paper's aim to open up a debate on the competitiveness of the European defence industry; and supports the Government's wider objective to create an effective and competitive European defence equipment market—(Mr Thomas McAvoy):—It was agreed to.

11    Business of the House,—Ordered, That, at the sitting on Tuesday 22nd February, notwithstanding the provisions of Standing Order No. 16 (Proceedings under an Act or on European Union documents), the Speaker shall put the Questions necessary to dispose of proceedings on the Motions in the name of Mr Secretary Johnson relating to Social Security and Pensions not later than three hours after the commencement of proceedings on the first Motion; proceedings may continue after the moment of interruption; and Standing Order No. 41A (Deferred divisions) shall not apply.—(Mr Thomas McAvoy.)

12    Electoral Registration (Northern Ireland) Bill [Lords],—Ordered, That, in respect of the Electoral Registration (Northern Ireland) Bill [Lords], notices of Amendments, new Clauses and new Schedules to be moved in Committee may be accepted by the Clerks at the Table before the Bill has been read a second time.—(Mr Thomas McAvoy.)

13    Adjournment,—Resolved, That this House do now adjourn.—(Mr Thomas McAvoy.)

And accordingly, the House, having continued to sit till twenty-two minutes to Seven o'clock, adjourned till Monday 21st February, pursuant to Resolution [1st February]. [Adjourned at 6.38 p.m.

Michael J. Martin

Speaker


Mr Speaker will take the Chair at half-past Two o'clock on Monday 21st February.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1    Criminal Law,—Draft Criminal Justice and Police Act 2001 (Amendment) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

2    Environmental Protection,—Draft Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Ms Secretary Hewitt].

3    Fees and Charges,—Draft Immigration (Application Fees) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

4    Financial Services and Markets,—(1) Draft Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) (Amendment) Order 2005; and

    (2) draft Open-Ended Investment Companies (Amendment) Regulations 2005

    [by Act], with Explanatory Memoranda thereon [by Command] [Mr Stephen Timms].

Papers subject to Negative Resolution:

5    Financial Services and Markets,—(1) Financial Services and Markets Act 2000 (Disclosure of Information by Prescribed Persons) (Amendment) Regulations 2005 (S.I., 2005, No. 272);

    (2) Financial Services and Markets Act 2000 (Financial Promotion and Promotion of Collective Investment Schemes) (Miscellaneous Amendments) Order 2005 (S.I., 2005, No. 270); and

    (3) Financial Services and Markets Act 2000 (Service of Notices) (Amendment) Regulations 2005 (S.I., 2005, No. 274),

    dated 9th February 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Stephen Timms].

6    Representation of the People,—Representation of the People (Variation of Limits of Candidates' Election Expenses) Order 2005 (S.I., 2005, No. 269), dated 7th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Christopher Leslie].

7    Road Traffic,—Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Havant) Order 2005 (S.I., 2005, No. 233), dated 8th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

8    Social Security,—(1) Social Security Pensions (Low Earnings Threshold) Order 2005 (S.I., 2005, No. 217); and

    (2) Social Security Revaluation of Earnings Factors Order 2005 (S.I., 2005, No. 216),

    dated 4th February 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Johnson].

9    Supreme Court of England and Wales,—Non-Contentious Probate Fees (Indian Ocean Tsunami) Order 2005 (S.I., 2005, No. 266), dated 8th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy].

10    Town and Country Planning,—(1) Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005 (S.I., 2005, No. 206); and

    (2) Town and Country Planning (Timetable for Decisions) (England) Order 2005 (S.I., 2005, No. 205),

    dated 3rd February 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Prescott].

11    Water Industry,—Water and Sewerage Undertakers (Inset Appointments) Regulations 2005 (S.I., 2005, No. 268), dated 9th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett].

Other Papers:

12    Environment,—Draft Natural Environment and Rural Communities Bill [by Command] [Cm. 6460] [Secretary Margaret Beckett].

13    Northern Ireland (Monitoring Commission etc.),—Fourth Report of the Independent Monitoring Commission [by Statutory Instrument]; to be printed [No. 308] [Mr Secretary Murphy].

14    Overseas Territories,—Ivory Coast (Restrictive Measures) (Overseas Territories) Order 2005 (S.I., 2005, No. 242), dated 9th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Straw].

15    Public Petitions,—Observations by the Deputy Prime Minister on the Petition [12th January] from residents of Caersws, Llanwnog and the surrounding area for the removal of the radio mast in Manthrig Lane, Caersws, Powys [by Standing Order]; to be printed [Clerk of the House].

16    United Nations,—Ivory Coast (United Nations Sanctions) Order 2005 (S.I., 2005, No. 253), dated 9th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Chancellor of the Exchequer].

APPENDIX II

Standing Committees

1    Draft Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2005,—The Speaker has appointed Mr Kevin Hughes Chairman of the First Standing Committee on Delegated Legislation in respect of the draft Regulations.

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

    (1) The Speaker has appointed Mr Bill O'Brien Chairman of the Second Standing Committee on Delegated Legislation in respect of the Regulations; and

    (2) The Committee of Selection has discharged Mr David Lammy, Laura Moffatt and Bridget Prentice from the Second Standing Committee on Delegated Legislation (nominated in respect of the Regulations) and nominated in substitution Mr Richard Caborn, Mr Ben Chapman and Mr Tom Watson.

3    Draft Drainage (Amendment) (Northern Ireland) Order 2005,—The Speaker has appointed Mr Joe Benton Chairman of the Third Standing Committee on Delegated Legislation in respect of the draft Order.

4    Draft Scotland Act 1998 (Modifications of Schedule 5) Order 2005, draft Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 and draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005,—The Speaker has appointed Derek Conway Chairman of the Fourth Standing Committee on Delegated Legislation in respect of the draft Orders.

5    Draft Gangmasters (Licensing Authority) Regulations 2005,—The Speaker has appointed Mr Nigel Beard Chairman of the Fifth Standing Committee on Delegated Legislation in respect of the draft Regulations.

6    Draft Gender Recognition (Approved Countries and Territories) Order 2005,—The Committee of Selection has discharged Mr Roger Godsiff, Mrs Helen Liddell and Mr Martin Salter from the Seventh Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Jon Cruddas, Mr Ian Davidson and Mr Eric Martlew.

7    Draft Industrial Training Levy (Construction Board) Order 2005),—The Committee of Selection has discharged Chris Grayling, Mr Austin Mitchell and Mr John Smith from the Eighth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mark Hendrick, Mr Mark Hoban and Huw Irranca-Davies.

8    Draft Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2005),—The Committee of Selection has discharged Mr Alan Campbell from the Tenth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr Wayne David.

European Standing Committees

9    The Speaker has appointed Mr John Cummings Chairman of European Standing Committee A in respect of European Union Documents Nos. 11557/04 and 11495/04 on Financing of Agriculture and Rural Development Policy.

10    The Speaker has appointed Mr John Cummings Chairman of European Standing Committee B in respect of European Union Document No. 9050/04 on European Agency for Safety and Health at Work.

11    Unnumbered Explanatory Memorandum dated 2 February 2005, submitted by HM Treasury, relating to the 2003 Annual Report of the European Court of Auditors, has been referred to European Standing Committee B together with European Union Documents Nos. 14549/04, 11890/04 and 11981/04 and Addenda 1 and 2, relating to the European Anti-Fraud Office (OLAF) and the fight against fraud, already referred to the Committee on 13th October 2004 and 12th January 2005.

APPENDIX III

Reports from Select Committees

1     European Scrutiny,—(1) Eighth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 38-viii]; and

    (2) Memoranda laid before the Committee [Ministerial Correspondence]

    [Mr Jimmy Hood].

2    Health,—Minutes of Evidence taken before the Health Committee [New Developments in HIV/AIDS and Sexual Health Policy]; to be printed [No. 252-ii] [Mr David Hinchliffe].

3    Home Affairs,—Minutes of Evidence taken before the Home Affairs Committee [Terrorism and Community Relations]; to be printed [No. 165-iv] [Mr John Denham].

4    Public Administration,—Third Report from the Select Committee on Public Administration [Response to the Government's Consultation on the Civil Service Bill]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 336] [Tony Wright].

5    Treasury,—(1) Third Report from the Treasury Committee [Work of the Treasury Committee in 2004], to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 335];

    (2) Minutes of Evidence taken before the Committee [Cash machine charges]; to be printed [No. 191-iii];

    (3) Memoranda laid before the Committee [Long-term savings]; and

    (4) Memoranda laid before the Committee [Work of the Committee in 2004]

    [Mr John McFall].

[W.H., No. 22]

Minutes of Proceedings of the Sitting in Westminster Hall

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

Adjournment (Obesity—Third Report from the Health Committee, Session 2003-04, and the Government's response thereto),—Resolved, That the sitting be now adjourned.—(Miss Melanie Johnson.) And accordingly the sitting was adjourned till Tuesday 22nd February.

[Adjourned at 6 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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