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Session 2004 - 05
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House of Commons Votes and Proceedings
Tuesday 8th March 2005

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

PRAYERS.

1    London Local Authorities and Transport for London Bill,—The Order of the day being read, for the Second Reading of the London Local Authorities and Transport for London Bill.

    Ordered, That the Bill be read a second time on Tuesday 15th March.

2    Regulatory Reform,—Mr Peter Pike reported from the Regulatory Reform Committee the following Resolutions:

    That the draft Regulatory Reform (Execution of Deeds and Documents)) Order 2005, which was laid before this House on 21st February, should be approved.

    The Committee came to this Resolution without a Division.

    That the draft Regulatory Reform (National Health Service Charitable Trust Accounts and Audit) Order 2005, which was laid before this House on 9th February, should be approved.

    The Committee came to this Resolution without a Division.

3    Fifth Standing Committee on Delegated Legislation,—Mr Roger Gale reported from the Fifth Standing Committee on Delegated Legislation the draft Public Processions (Amendment) (Northern Ireland) Order 2005.

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

4    Sixth Standing Committee on Delegated Legislation,—Mr Nigel Beard reported from the Sixth Standing Committee on Delegated Legislation the draft Social Security (Inherited SERPS) (Amendment) Regulations 2005.

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

5    Seventh Standing Committee on Delegated Legislation,—Miss Anne Begg reported from the Seventh Standing Committee on Delegated Legislation the draft Courts Act 2003 (Consequential Provisions) Order 2005.

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

6    Eighth Standing Committee on Delegated Legislation,—Mr Nigel Beard reported from the Eighth Standing Committee on Delegated Legislation the draft Child Support (Miscellaneous Amendments) Regulations 2005.

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

7    Ninth Standing Committee on Delegated Legislation,—Mr Edward O'Hara reported from the Ninth Standing Committee on Delegated Legislation the draft New Opportunities Fund (Specification of Initiative) Order 2005.

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

8    Northern Ireland Grand Committee,—Mr David Amess reported from the Northern Ireland Grand Committee the draft Budget (Northern Ireland) Order 2005, referred to it on 22nd February.

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

9    European Standing Committee A,—Mr John Cummings reported from European Standing Committee A the following Resolution:

    That the Committee takes note of European Union Documents No. 15390/04, draft Council Regulation fixing for 2005 and 2006 the fishing opportunities for Community fishing vessels for certain deep sea stocks, and No. 15237/04, draft Council Regulation fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required; and supports the Government's objective of achieving the conservation and sustainable exploitation of fishing resources in line with the precautionary principle whilst preserving a viable degree of activity for the industry.

    Resolution to lie upon the Table.

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

10    Prevention of Terrorism (No. 2) Bill,—Mr William Cash presented a Bill to make provision about the prevention of terrorism: 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 78].

11    Royal Marriages (Freedom of Religion),—Ordered, That leave be given to bring in a Bill to allow any member of the Royal Family to marry a person of any religion or none: And that Mr Edward Leigh, Mr William Hague, Mr Iain Duncan Smith, Mr Frank Dobson, Mr Kevin McNamara, Mr John Burnett, Dr Evan Harris, Mr Francis Maude, Mr Bernard Jenkin, Jim Dobbin, Mr Stephen Pound, and Mr John Bercow do prepare and bring it in.

12    Royal Marriages (Freedom of Religion) Bill,—Mr Edward Leigh accordingly presented a Bill to allow any member of the Royal Family to marry a person of any religion or none: 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 79].

13    Road Safety Bill,—The House, according to Order, proceeded to consider the Road Safety Bill, as amended in the Standing Committee.

    A Clause (NC14) (Tests: approved language translators)—(Mr David Jamieson)—brought up, read the first and second time, and added to the Bill.

    Another Clause (NC1) (Funding of speed awareness and driver improvement course)—(Mr Christopher Chope)—brought up, and read the first time.

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

The House divided.

      Tellers for the Ayes, Mr Geoffrey Clifton-Brown, Andrew Selous: 175.

      Tellers for the Noes, Mr Nick Ainger, Mr Tom Watson: 271.

    Another Clause (NC6) (Causing death by driving whilst disqualified)—(Mr Christopher Chope)—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 Geoffrey Clifton-Brown: 177.

      Tellers for the Noes, Mr Nick Ainger, Mr Tom Watson: 272.

    Another Clause (NC11) (Secondary locking devices)—(Mr Greg Knight)—brought up, and read the first time.

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

    Another Clause (NC17) (Vehicle data recording devices)—(Rob Marris)—brought up, and read the first time.

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

    Another Clause (NC19) (Amendment of Road Traffic Offenders Act 1988)—(Mr Christopher Chope)—brought up, and read the first time.

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

The House divided.

      Tellers for the Ayes, Mr Geoffrey Clifton-Brown, Andrew Selous: 166.

      Tellers for the Noes, Margaret Moran, Mr Tom Watson: 273.

    Another Clause (NC21) (Amendment of Road Traffic Act 1988)—(John Thurso)—brought up, and read the first time.

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

The House divided.

      Tellers for the Ayes, Bob Russell, Richard Younger-Ross: 48.

      Tellers for the Noes, Margaret Moran, Mr Tom Watson: 387.

    Amendments (Nos. 1 to 3) made to the Bill.

    Another Amendment (No. 9) proposed to the Bill, in page 47, line 43, after the word 'passengers', to insert '(a)'.—(Mr John Horam.)

    Question proposed, That the Amendment be made.

    And it being Six o'clock, the Deputy Speaker put the Question already proposed from the Chair, pursuant to Order [11th January].

The House divided.

      Tellers for the Ayes, Andrew Selous, Mr Peter Atkinson: 165.

      Tellers for the Noes, Margaret Moran, Mr Tom Watson: 258.

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

    Other Amendments (Nos. 4 to 8) made to the Bill.

    A Motion being made, That the Bill be now read the third time;

    Mr Secretary Darling, 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 interest is concerned, That the House may do therein as it shall think fit.

    Mr Secretary Darling, by Command of the Prince of Wales, acquainted the House, That His Royal Highness, having been informed of the purport of the Bill, gives his Consent, as far as the Prince of Wales's interest is concerned, That the House may do therein as it shall think fit.

    And the Question being put:—It was agreed to.

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

14    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 Higher Education (Northern Ireland) Order 2005, which was laid before this House on 8th February, be approved—(Mr Jim Murphy);

The House divided.

      Tellers for the Ayes, Mr Tom Watson, Margaret Moran: 250.

      Tellers for the Noes, Mr Peter Luff, Mr David Amess: 116.

So the Question was agreed to.

15    Fees and Charges,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Immigration (Application Fees) Order 2005, which was laid before this House on 10th February, be approved—(Mr Jim Murphy):—It was agreed to.

16    Town and Country Planning,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2005, which were laid before this House on 9th February, be approved—(Mr Jim Murphy):—It was agreed to.

17    Public Audit,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005, which was laid before this House on 9th February, be approved—(Mr Jim Murphy):—It was agreed to.

18    Social Security,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Tax Credits Up-rating Regulations 2005, which were laid before this House on 31st January, be approved—(Mr Jim Murphy):—It was agreed to.

19    Social Security,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Child Benefit and Guardian's Allowance Up-rating (Northern Ireland) Order 2005, which was laid before this House on 31st January, be approved—(Mr Jim Murphy):—It was agreed to.

20    Social Security,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Child Benefit and Guardian's Allowance Up-rating Order 2005, which was laid before this House on 31st January, be approved—(Mr Jim Murphy):—It was agreed to.

21    Public Petitions,—A Public Petition from William Jolly, Linda Preston, Rhodri Thomas and others against the party whipping system was presented; and ordered to lie upon the Table and to be printed.

22    Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr Jim Murphy);

    And the Motion having been made after Seven o'clock, and the Debate having continued for half an hour, the Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then twenty-five minutes to Eight o'clock, till to-morrow.

[Adjourned at 7.35 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 Negative Resolution:

1    Council Tax,—Council Tax (Prescribed Classes of Dwellings) (Amendment) (England) Regulations 2005 (S.I., 2005, No. 416), dated 28th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

2    Education,—(1) Central Sussex College (Government) Regulations 2005 (S.I., 2005, No. 397); and

    (2) Central Sussex College (Incorporation) Regulations 2005 (S.I., 2005, No. 396),

    dated 28th February 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Secretary Ruth Kelly].

3    Electricity,—(1) Electricity Act 1989 (Uniform Prices in the North of Scotland) Order 2005 (S.I., 2005, No. 490), dated 5th March 2005;

    (2) Electricity (Class Exemptions from the Requirement for a Licence) (Amendment) Order 2005 (S.I., 2005, No. 488), dated 28th February 2005; and

    (3) Energy Act 2004 (Assistance for Areas with High Distribution Costs) Order 2005 (S.I., 2005, No. 528), dated 5th March 2005,

    [by Act] with Explanatory Memoranda thereon [by Command] [Ms Secretary Hewitt].

4    Family Proceedings,—Children (Allocation of Proceedings) (Amendment) Order 2005 (S.I., 2005, No. 520), dated 4th March 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy].

5    Immigration,—Immigration (Passenger Transit Visa) (Amendment) Order 2005 (S.I., 2005, No. 492), dated 4th March 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

6    Insolvency,—(1) Insolvency (Amendment) Regulations 2005 (S.I., 2005, No. 512), dated 2nd March 2005;

    (2) Insolvency (Amendment) Rules 2005 (S.I., 2005, No. 527), dated 8th March 2005;

    (3) Insolvency Practitioners and Insolvency Services Account (Fees) (Amendment) Order 2005 (S.I., 2005, No. 523), dated 2nd March 2005;

    (4) Insolvency Practitioners Regulations 2005 (S.I., 2005, No. 524), dated 8th March 2005; and

    (5) Insolvency Proceedings (Fees) (Amendment) Order 2005 (S.I., 2005, No. 544), dated 7th March 2005,

    [by Act], with Explanatory Memoranda thereon [by Command] [Ms Secretary Hewitt].

7    Legal Aid and Advice,—(1) Legal Advice and Assistance (Amendment) Regulations (Northern Ireland) 2005 (S.R.(N.I.), 2005, No. 67);

    (2) Legal Advice and Assistance (Financial Conditions) Regulations (Northern Ireland) 2005 (S.R.(N.I.), 2005, No. 65); and

    (3) Legal Aid (Financial Conditions) Regulations (Northern Ireland) 2005 (S.R.(N.I.), 2005, No. 66),

    dated 3rd March 2005 [by Statutory Instrument], with Explanatory Memoranda thereon [by Command] [Mr David Lammy].

8    Legal Services,—Legal Services Ombudsman (Jurisdiction) (Amendment) Order 2005 (S.I., 2005, No. 489), dated 4th March 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy].

9    Local Government,—Local Authorities (Discretionary Expenditure Limits) (England) Order 2005 (S.I., 2005, No. 419), dated 28th February 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

10    Local Government,—Police Authorities (Best Value) Performance Indicators Order 2005 (S.I., 2005, No. 470), dated 3rd March 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

11    Magistrates' Courts,—(1) Collection of Fines (Pilot Schemes) (Amendment) Order 2005 (S.I., 2005, No. 487);

    (2) Fines Collection (Amendment) Regulations 2005 (S.I., 2005, No. 484); and

    (3) Register of Fines (Amendment) Regulations 2005 (S.I., 2005, No. 485),

    dated 6th March 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Christopher Leslie].

12    National Health Service,—West Hertfordshire Hospitals National Health Service Trust (Transfer of Trust Property) Order 2005 (S.I., 2005, No. 451), dated 26th February 2005 [by Act] [Mr Secretary Reid].

13    Road Traffic,—Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Stevenage) Order 2005 (S.I., 2005, No. 452), dated 2nd March 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

Other Papers:

14    National Lottery,—Account of the National Lottery Distribution Fund for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 424] [Clerk of the House].

15    Police (Northern Ireland),—Accounts of the—

    (1) Northern Ireland Police Service Pension; and

    (2) Police Service of Northern Ireland

    for 2003-04, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 426 and 425] [Clerk of the House].

APPENDIX II

Standing Committees

1    Draft Public Processions (Amendment) (Northern Ireland) Order 2005,—The Committee of Selection has discharged Ms Candy Atherton, Mr Gwyn Prosser and Ross Cranston from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mr Mike Hall, Mr Andrew Miller and Mr Dave Watts.

2    Draft Child Support (Miscellaneous Amendments) Regulations 2005,—The Committee of Selection has discharged David Cairns from the Eighth Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations) and nominated in substitution Mr Bob Laxton.

3    Draft New Opportunities Fund (Specification of Initiative) Order 2005,—The Committee of Selection has discharged Mr Andrew Smith from the Ninth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Joan Ruddock.

4    Northern Ireland,—Mr Speaker has appointed Mr Peter Pike as an additional Chairman of the Northern Ireland Grand Committee in respect of its meeting on 8th March.

APPENDIX III

Reports from Select Committees

1    Constitutional Affairs,—Minutes of Evidence taken before the Constitutional Affairs Committee [The operation of the Special Immigration Appeals Commission (SIAC)]; to be printed [No. 323-iii] [Mr A. J. Beith].

2    Culture, Media and Sport,—(1) Fourth Report from the Culture, Media and Sport Committee [Maritime Heritage and Historic Ships], with Appendices to the Minutes of Evidence taken before the Maritime Heritage and Historic Ships Sub-Committee of the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 296]; and

    (2) Minutes of Evidence taken before the Committee [The Market for Art]; to be printed [No. 414-i]

    [Sir Gerald Kaufman].

3    Foreign Affairs,—Part of the Minutes of Evidence taken before the Foreign Affairs Committee on 25th January [Foreign and Commonwealth Office Annual Report 2004-05]; to be printed [No. 436-i] [Mr Donald Anderson].

4    Health,—(1) Third Report from the Health Committee [New Developments in HIV/AIDS and Sexual Health Policy], 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. 252];

    (2) Memoranda laid before the Committee [New Developments in HIV/AIDS and Sexual Health Policy]

    [Mr David Hinchliffe].

5    Home Affairs,—Minutes of Evidence taken before the Home Affairs Committee [Anti-Social Behaviour]; to be printed [No. 80-vi] [Mr John Denham].

6    Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—Minutes of Evidence taken before the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee [Local Government Consultation]; to be printed [No. 316-iii] [Andrew Bennett].

7    Regulatory Reform,—(1) Seventh Report from the Regulatory Reform Committee [Draft Regulatory Reform (Execution of Deeds and Documents) Order 2005]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 429];

    (2) Eighth Report from the Committee [Draft Regulatory Reform (National Health Service Charitable Trust Accounts and Audit) Order 2005]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 430]; and

    (3) Second Special Report from the Committee [Government Response to the First Special Report from the Committee, Session 2004-05: Operation of the Regulatory Reform Act 2001]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 431]

    [Mr Peter Pike].

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

9    Trade and Industry,—(1) Seventh Report from the Trade and Industry Committee [UK Employment Regulation], 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. 90] [Mr Martin O'Neill];

    (2) Eighth Report from the Committee [Progress towards the knowledge-driven economy], 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. 432] [Mr Martin O'Neill];

    (3) Ninth Report from the Committee [Implementation of ECGD's Business Principles], 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. 374]; [Mr Roger Berry];

    (4) Tenth Report from the Committee [Crown Post Offices: Responses to the Committee's Third Report], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 435] [Mr Roger Berry];

    (5) Third Special Report from the Committee [Responses to the First Report from the Committee, on Electricity Distribution Networks]; to be printed [No. 433] [Mr Martin O'Neill];

    (6) Fourth Special Report from the Committee [Responses to the Second Report from the Committee, on Pub Companies]; to be printed [No. 434] [Mr Martin O'Neill];

    (7) Minutes of Evidence taken before the Committee [Ofcom's Strategic Review of Telecommunications; Occupational Segregation and the Gender Pay Gap]; to be printed [Nos. 407-ii and 300-iii] [Mr Martin O'Neill]; and

    (8) Minutes of Evidence taken before the Committee [Occupational Segregation and the Gender Pay Gap]; to be printed [No. 300-iv] [Mr Roger Berry].

THE SPEAKER'S CERTIFICATE

The Speaker certified that the Income Tax (Trading and Other Income) Bill is a Money Bill within the meaning of the Parliament Act 1911.

[W.H., No. 29]

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.—(Yvette Cooper.)

    And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 5.00 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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