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Session 2005 - 06
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House of Commons Votes and Proceedings
Monday 13th June 2005

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

PRAYERS.

1    Queen's Speech (Answer to Address),—The Vice-Chamberlain of the Household reported to the House, That Her Majesty, having been attended with its Address of 25th May, was pleased to receive the same very graciously and give the following Answer:

    I have received with great satisfaction the dutiful and loyal expression of your thanks for the speech with which I opened the present Session of Parliament.

2    Selection,—Ordered, That Mr Bob Ainsworth, Mr Geoffrey Clifton-Brown, Mr John Heppell, Rosemary McKenna, Mr Patrick McLoughlin, Gillian Merron, Joan Ryan, Andrew Stunell and Sir George Young be members of the Committee of Selection;

    That the members of the Committee of Selection nominated this day shall continue to be members of the Committee for the remainder of this Parliament;

    That this Order be a Standing Order of the House.—(Mr Bob Ainsworth.)

3    Finance Bill (Clauses Nos. 11, 18, 40, 43, 44 and 69 and Schedule No. 8),—The House, according to Order, resolved itself into a Committee on the Finance Bill (Clauses Nos. 11, 18, 40, 43, 44 and 69 and Schedule No. 8).

(In the Committee)

    Ordered, That the Order in which proceedings in the Committee of the whole House on the Finance Bill are to be taken shall be Clauses Nos. 11, 18 and 40, Schedule No. 8, Clauses Nos. 43, 44 and 69.—(Mr Ivan Lewis.)

    Clause No. 11 (Donations to charity by individuals).

    Amendment (No. 36) proposed, in page 11, line 40, at the end, to insert the words—

      '(h) interactive experiments with an educational purpose.'.—(Mr Mark Francois.)

    Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.

    Another Amendment (No. 35) proposed, in page 12, line 1, to leave out the words 'one year' and insert the words 'three months'.—(Mr Mark Francois.)

    Question put, That the Amendment be made.

    The Committee divided.

      Tellers for the Ayes, Michael Fabricant, Mr David Ruffley: 203.

      Tellers for the Noes, Tony Cunningham, Mr John Heppell: 290.

    Clause agreed to.

    Clause No. 18 (Section 17(3): specific powers).

    Amendment (No. 2) proposed, in page 17, line 9, at the end, to insert the words—

      '(i) in relation to unit trust schemes and open-ended investment companies mainly invested in interests or rights in or over land, determine the rate of corporation tax for the year 2005 and subsequent financial years to be nil, or the rate at which income tax at the lower rate is charged for year of assessment which begins on 6th April in the financial year concerned.

      (j) include provision for unit trust schemes and open-ended investment companies to have different classes of units or shares, and to allow different distributions to be made in respect of such different classes subject always to any rules preventing discrimination between unit holders or shareholders made under section 64(2)(e).'.—(Mr Richard Spring.)

    Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.

    Clause agreed to.

    Clause No. 40 agreed to.

    Schedule No. 8 (Financing of companies etc: transfer pricing and loan relationships).

    Amendment (No. 10) proposed, in page 124, line 23, to leave out the words 'in relation to the financing arrangements'.—(Mr Philip Hammond.)

    Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.

    Another Amendment (No. 16) proposed, in page 125, line 35, at the end, to insert the words—

    '(8) This paragraph shall apply only to a person where that person, or a connected party to that person, owns shares or an interest in shares, in either A or B.'.—(Mr Philip Hammond.)

    Question put, That the Amendment be made.

    The Committee divided.

      Tellers for the Ayes, Michael Fabricant, Mr David Ruffley: 177.

      Tellers for the Noes, Mr Parmjit Dhanda, Mr Vernon Coaker: 289.

    Another Amendment (No. 18) proposed, in page 125, line 45, to leave out from the beginning to the end of line 23 on page 126.—(Mr Philip Hammond.)

    Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.

    Another Amendment (No. 26) proposed, in page 126, line 23, at the end, to insert the words—

    '( ) Paragraph 5D shall be amended as follows—

      Leave out subparagraphs (1) to (6) and replace with—

      "(1) Small enterprise means an enterprise that has no more than 50 staff, and either an annual turnover in the preceding accounting period or a net asset value at the end of the preceding accounting period of less than 7 million.

      (2) Medium enterprise means an enterprise that has no more than 250 staff, and either an annual turnover in the preceding accounting period of less than 35 million or a net asset value at the end of the preceding accounting period of less than 30 million.

      (3) "Annual turnover" and "net asset value" shall be defined in accordance with generally accepted accounting practice.

      (4) The number of staff shall be determined on the basis that staff that are not full time should be counted at the appropriate fraction.".'.—(Mr Mark Field.)

    Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.

    Another Amendment (No. 20) proposed, in page 126, line 25, to leave out paragraph 2.—(Mr Mark Field.)

    Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.

    Question put, That the Schedule be the Eighth Schedule to the Bill.

    The Committee divided.

      Tellers for the Ayes, Mr Vernon Coaker, Kevin Brennan: 333.

      Tellers for the Noes, Mr David Ruffley, Michael Fabricant: 157.

    Clause No. 43 agreed to.

    Clause No. 44 (Territories with a lower level of taxation: reduction of amount of local tax).

    Amendment (No. 4) proposed, in page 35, line 37, at the end, to insert the words—

    '(1A) In subsection (1), omit "outside the United Kingdom" and insert "outside the European Union".'.—(Mr Richard Spring.)

    Question, That the Amendment be made, put and negatived.

    Clause agreed to.

    Clause No. 69 (Abolition of statutory adjudicator for National Savings and Investments).

    Another Amendment (No. 37) proposed, in page 58, line 38, at the end, to insert the words—

    '(1A) After the coming into force of this section, any dispute of the nature referred to in subsection (1) shall be dealt with under the compulsory jurisdiction rules within the meaning and operation of section 226 of the Financial Services and Markets Act 2000 (c. 8) (compulsory jurisdiction of the financial ombudsman service).'.—(Mr Mark Francois.)

    Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.

    Clause agreed to.

    Bill (Clauses Nos. 11, 18, 40, 43, 44 and 69 and Schedule No. 8) to be reported, without Amendment.

________________

    The Deputy Speaker resumed the Chair, and Mr Ian Cawsey reported, That the Committee had gone through the Bill (Clauses Nos. 11, 18, 40, 43, 44 and 69 and Schedule No. 8), and had directed him to report the same, without Amendment.

    Ordered, That the Bill (Clauses Nos. 11, 18, 40, 43, 44 and 69 and Schedule No. 8) do lie upon the Table.

4    House of Commons Commission,—Ordered, That Nick Harvey be appointed a member of the House of Commons Commission under the House of Commons (Administration) Act 1978.—(Mr Geoffrey Hoon.)

5    Adjournment,—Resolved, That this House do now adjourn.—(Mr Ian Cawsey.)

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

[Adjourned at 11.36 p.m.

Michael J. Martin

Speaker


Mr Speaker will take the Chair at half-past Two o'clock.


APPENDIX

Papers presented or laid upon the Table:

Papers delivered to the Votes and Proceedings Office on Friday 10th June 2005 pursuant to Standing Order No. 158 (Presentation of command papers):

1    Treaty Series (No. 22, 2005),—Stockholm Convention on Persistent Organic Pollutants, done at Stockholm on 22nd May 2001 [Cm. 6581] [Mr Secretary Straw].

Papers delivered to the Votes and Proceedings Office on Friday 10th June 2005 pursuant to Standing Order No. 159 (Presentation of statutory instruments):

Papers subject to Negative Resolution:

2    Capital Gains Tax,—Reporting of Savings Income Information (Amendment) Regulations 2005 (S.I., 2005, No. 1539), dated 9th June 2005, with an Explanatory Memorandum [Dawn Primarolo].

3    Children and Young Persons,—Children (Private Arrangements for Fostering) Regulations 2005 (S.I., 2005, No. 1533), dated 9th June 2005, with an Explanatory Memorandum [Secretary Ruth Kelly].

4    Defence,—(1) Courts-Martial (Amendment) Rules 2005 (S.I., 2005, No. 1535);

    (2) Standing Civilian Courts (Amendment) Order 2005 (S.I., 2005, No. 1534); and

    (3) Summary Appeal Courts (Amendment) Rules 2005 (S.I., 2005, No. 1536),

    dated 8th June 2005, with Explanatory Memoranda thereon [Secretary John Reid].

5    Environmental Protection,—Pollution Prevention and Control (Amendment) and Connected Provisions (No. 2) Regulations (Northern Ireland) 2005 (S.R. (N.I.), 2005, No. 285), dated 2nd June 2005, with an Explanatory Memorandum [Mr Secretary Hain].

6    Financial Services and Markets,—Lloyd's Sourcebook (Amendment of the Finance Act 1993 and the Finance Act 1994) Order 2005 (S.I., 2005, No. 1538), dated 9th June 2005, with an Explanatory Memorandum [Mr Ivan Lewis].

7    International Immunities and Privileges,—G8 Gleneagles (Immunities and Privileges) Order 2005 (S.I., 2005, No. 1456), dated 7th June 2005, with an Explanatory Memorandum [Mr Secretary Straw].

8    Police,—Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005 (S.I., 2005, No. 1537), dated 8th June 2005, with an Explanatory Memorandum [Mr Secretary Clarke].

9    Public Sector Information,—Re-use of Public Sector Information Regulations 2005 (S.I., 2005, No. 1515), dated 7th June 2005, with an Explanatory Memorandum [Mr John Hutton].

Papers presented or laid upon the Table on Monday 13th June 2005:

Papers subject to Affirmative Resolution:

10    Transport,—Draft Railways (Convention on International Carriage by Rail) Regulations 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

Papers subject to Negative Resolution:

11    Housing,—Residential Property Tribunal (Right to Buy Determinations) Procedure (England) Regulations 2005 (S.I., 2005, No. 1509), dated 6th June 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

12    Sea Fisheries,—Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 (S.I., 2005, No. 1605), dated 10th June 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett].

Other Papers:

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

    (1) Environment Agency: Efficiency in water resource management; and

    (2) Ministry of Defence: Assessing and Reporting Military Readiness

    [by Act]; to be printed [Nos. 73 and 72] [Clerk of the House].



 
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