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Session 2004 - 05
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House of Commons Votes and Proceedings
Tuesday 5th April 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 12th April.

2    Criminal Law (Amendment) (Householder Protection) Bill,—Mr Peter Pike reported from Standing Committee C, That it had gone through the Criminal Law (Amendment) (Householder Protection) Bill, and directed him to report the same, without Amendment.

    Bill, not amended in the Standing Committee, to be considered on Friday 8th April.

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

3    First Standing Committee on Delegated Legislation,—Derek Conway reported from the First Standing Committee on Delegated Legislation the Civil Procedure (Amendment No. 2) Rules 2005 (S.I., 2005, No. 656).

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

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

    The Lords have agreed to the Commissioners for Revenue and Customs Bill, with Amendments; to which they desire the concurrence of this House.

5    Commissioners for Revenue and Customs Bill,—Lords Amendments to the Commissioners for Revenue and Customs Bill to be considered to-morrow; and to be printed [Bill 105].

6    Finance Bill,—The Order for reading the Finance Bill a second time this day was read and discharged.

    Bill withdrawn.

7    Computer Misuse Act 1990 (Amendment),—Ordered, That leave be given to bring in a Bill to amend the Computer Misuse Act 1990 to create offences in connection with denial of service and to make further provision about proceedings and penalties for an offence under section 1 of that Act; and for connected purposes: And that Derek Wyatt, Brian White, Mr Richard Allan, Sue Doughty and Dr Nick Palmer do prepare and bring it in.

8    Computer Misuse Act 1990 (Amendment) Bill,—Derek Wyatt accordingly presented a Bill to amend the Computer Misuse Act 1990 to create offences in connection with denial of service and to make further provision about proceedings and penalties for an offence under section 1 of that Act; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 15th April and to be printed [Bill 102].

9    Equality Bill,—The Order Equality Bill was, according to Order, read a second time and stood committed to a Standing Committee.

10    Mental Capacity Bill (Programme) (No.4),—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 83A (Programme motions), That the following proceedings shall apply to the Mental Capacity Bill for the purpose of supplementing the Order of 11th October 2004, as varied by the Orders of 12th October 2004 and 14th December 2004:

Consideration of Lords Amendments

    1. Proceedings on consideration of Lords Amendments shall be completed at this day's sitting and shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.

Subsequent stages

    2. Any further Message from the Lords may be considered forthwith without any further question being put.

    3. The proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement—(James Purnell);

    The House divided.

      Tellers for the Ayes, Gillian Merron, Mr John Heppell: 277.

      Tellers for the Noes, Mr John Randall, Mr Eric Forth: 97.

    So the Question was agreed to.

11    Mental Capacity Bill,—The House, according to Order, proceeded to consider the Lords Amendments to the Mental Capacity Bill.

    Lords Amendment No. 1.

    An Amendment ((a)) was proposed to the Lords Amendment, in line 5, at the end to add the words—

    '(c) a lack of capacity which is, or appears to be, purely temporary.'.—(Mr Iain Duncan Smith.)

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

    The House divided.

      Tellers for the Ayes, Ann Winterton, Mr Edward Leigh: 98.

      Tellers for the Noes, Jim Fitzpatrick, Gillian Merron: 240.

    So the Question was negatived.

    It being more than one hour after the commencement of proceedings on the Lords Amendments, the Speaker, pursuant to Order [this day], proceeded to put the Questions to be decided at that hour.

    And the Question being put, That this House agrees with the Lords in their Amendment No. 1;

    The House divided.

      Tellers for the Ayes, Mr Jim Murphy, Jim Fitzpatrick: 269.

      Tellers for the Noes, Miss Ann Widdecombe, Ann Winterton: 68.

    So the Question was agreed to.

    The Lords Amendment was accordingly agreed to.

    The Speaker then put the Question, That this House agrees with the Lords in the remaining Lords Amendments.

    The House divided.

      Tellers for the Ayes, Mr Jim Murphy, Jim Fitzpatrick: 236.

      Tellers for the Noes, Ann Winterton, Mr Desmond Swayne: 51.

    So the Question was agreed to.

    Lords Amendments Nos. 2 to 95 were accordingly agreed to, the Commons being willing to waive their privileges in respect of Lords Amendment No. 69.

12    Public Petitions,—A Public Petition from Mr Cresswell Butters and others for measures to relieve the Wiltshire villages of Stapleford, Stoford, South Newton and parts of Wilton from increased road traffic was presented; and ordered to lie upon the Table and to be printed.

13    Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr Nick Ainger);

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

[Adjourned at 9.19 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    Supreme Court (Northern Ireland),—Rules of the Supreme Court (Northern Ireland) (Amendment No. 3) 2005 (S.R. (N.I.), 2005, No. 191), dated 5th April 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy].

Papers subject to Negative Resolution:

2    Agriculture,—Common Agricultural Policy Single Payment and Support Schemes (Amendment) Regulations 2005 (S.I., 2005, No. 1087), dated 2nd April 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett].

3    Civil Aviation,—Civil Aviation (Insurance) Regulations 2005 (S.I., 2005, No. 1089), dated 2nd April 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

4    Education,—Education (School Teachers' Pay and Conditions) (No. 2) Order 2005 (S.I., 2005, No. 1101), dated 4th April 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Ruth Kelly].

5    Health and Safety,—Manufacture and Storage of Explosives Regulations 2005 (S.I., 2005, No. 1082), dated 4th April 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Johnson].

6    Legal Services Commission,—Community Legal Service (Financial) (Amendment No. 2) Regulations 2005 (S.I., 2005, No. 1097), dated 5th April 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr David Lammy].

7    Merchant Shipping,—Merchant Shipping (Amendments to Reporting Requirements) Regulations 2005 (S.I., 2005, No. 1092), dated 4th April 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

8    Transport,—Railways (Penalty Fares) (Amendment) Regulations 2005 (S.I., 2005, No. 1095), dated 4th April 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

Other Papers:

9    Defence,—Ministry of Defence Minute, dated 5th April 2005, concerning the Ministry of Defence's intention to introduce a Service Group Life Insurance (SGLI) scheme for the armed forces [by Command] [Mr Secretary Hoon].

10    Foreign Affairs,—Government Response to the Third Report from the Foreign Affairs Committee, Session 2004-05, on The Western Balkans [by Command] [Cm. 6505] [Mr Secretary Straw].

11    Government Resources and Accounts,—Resource Accounts of the Wales Office for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 493] [Mr Stephen Timms].

12    Northern Ireland,—Paper, entitled Inspection of the Juvenile Justice Centre (Northern Ireland), 18-25 October 2004, [by Command] [Mr Secretary Murphy].

13    Public Petitions,—Observations by the Deputy Prime Minister on the Petition [10th March] from Bicester residents against the granting of planning permission for accommodation centres for asylum seekers against the decision of local councillors [by Standing Order]; to be printed [Clerk of the House].

APPENDIX II

Standing Committees

Civil Procedure (Amendment No. 2) Rules 2005 (S.I., 2005, No. 656),—The Committee of Selection has discharged Geraint Davies and Mr David Lammy from the First Standing Committee on Delegated Legislation (nominated in respect of the Rules) and nominated in substitution Caroline Flint and Ms Dari Taylor.

APPENDIX III

Reports from Select Committees

1    Culture, Media and Sport,—Minutes of Evidence and Appendices thereto taken before the Culture, Media and Sport Committee [Community Sport]; to be printed [No. 507-i] [Sir Gerald Kaufman].

2    Environmental Audit,—Seventh Report from the Environmental Audit Committee [Pre-Budget 2004 and Budget 2005: Tax, Appraisal, and the Environment], 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. 261] [Mr Peter Ainsworth].

3    Foreign Affairs,—Memoranda laid before the Foreign Affairs Committee [Miscellaneous matters] [No. 489] [Mr Donald Anderson].

4    Health,—(1) Fifth Report from the Health Committee [The use of New Medical Technologies within the NHS], together with the 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. 398-I and -II];

    (2) Sixth Report from the Committee [NHS—Continuing Care], together with the 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. 399-I and -II];

    (3) Memoranda laid before the Committee [The use of New Medical Technologies within the NHS];

    (4) Memoranda laid before the Committee [NHS—Continuing Care]; and

    (5) Memoranda laid before the Committee [The Government's Public Health White Paper (Cm 6374)]

    [Mr David Hinchliffe].

5    International Development,—(1) Seventh Report from the International Development Committee [Development assistance in Iraq], 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. 244];

    (2) Fourth Special Report from the Committee [Government Response to the Third report from the Committee, on DFID's bilateral programme of assistance to India]; to be printed [No. 506]; and

    (3) Memoranda laid before the Committee [Development assistance in Iraq]

    [Tony Baldry].

6    Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions,—(1) Eleventh Report from the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee [The Role and Effectiveness of the Local Government Ombudsmen for England], 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. 458]; and

    (2) Memorandum laid before the Committee [Local Government Consultation]

    [Andrew Bennett].

7    Scottish Affairs,—Memorandum laid before the Scottish Affairs Committee [Spring Supplementary Estimate 2005: Explanatory Memorandum by the Scotland Office]; to be printed [No. 546] [Mrs Irene Adams].

8    Standards and Privileges,—Sixth Report from the Committee on Standards and Privileges [Conduct of Mr George Galloway], together with an Appendix; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 509] [Sir George Young].

9    Statutory Instruments,—Fourteenth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 66-xiv]; and

    (2) Third Report from the Select Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 217-iii]

    [Mr David Tredinnick].

10    Treasury,—Second Special Report from the Treasury Committee [Responses on the Second Report from the Committee, on Credit Card Charges and Marketing]; to be printed [No. 508] [Mr John McFall].

11    Welsh Affairs,—Minutes of Evidence taken before the Welsh Affairs Committee [Draft Commissioner for Older People (Wales) Bill]; to be printed [No. 547-i] [Mr Martyn Jones].

[W.H., No. 38]

Minutes of Proceedings of the Sitting in Westminster Hall

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

Adjournment,—A Motion was made, and the Question being proposed, That the sitting be now adjourned—(Mr Tom Watson);

    And the sitting having continued for two and a half hours after Two o'clock, it was adjourned without Question put, till to-morrow.

[Adjourned at 4.30 p.m.

Sir Alan Haselhurst

Deputy Speaker

CORRIGENDUM

In the Votes and Proceedings for Monday 4th April, after the first entry, the following entry should have appeared:
    Mobile Telephones (Re-programming) Bill,—Ordered, That the Explanatory Notes relating to the Mobile Telephones (Re-programming) Bill be printed [Bill 25-EN].



 
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