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Session 2005 - 06
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House of Commons Votes and Proceedings
Wednesday 2nd November 2005

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

PRAYERS.

1    Fourth Standing Committee on Delegated Legislation,—John Bercow reported from the Fourth Standing Committee on Delegated Legislation the draft Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005.

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

2    European Standing Committee,—Mr Martyn Jones reported from a European Standing Committee the following Resolution:

    That the Committee takes note of the Unnumbered Explanatory Memorandum dated 4th July 2005 from the Foreign and Commonwealth Office on the Common Position Defining Rules Governing the Control of Exports of Military Technology and Equipment; and agrees with the Government that the Common Position will be an improvement to EU arms control.

    Resolution to lie upon the Table.

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

3    Osborne Estate Bill,—Mr Robert Flello presented a Bill to make provision in relation to the Osborne Estate: And the same was read the first time; and ordered to be read a second time on Friday 20th October and to be printed [Bill 75].

4    Estate Agents (Redress Schemes) Bill,—Mark Tami, supported by Chris Ruane and Mr Iain Wright presented a Bill to confer power to require estate agents to belong to an approved redress scheme; to make provision about redress schemes and their approval; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 20th October and to be printed [Bill 74].

5    Road Traffic Regulation (Location Filming) Bill,—Mr Iain Wright presented a Bill to enable orders under section 16A of the Road Traffic Regulation Act 1984 to be made in connection with location filming; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 14th July and to be printed [Bill 76].

6    Family Law (Property and Maintenance),—Ordered, That leave be given to bring in a Bill to abolish the common law duty of a husband to maintain his wife; to abolish the presumption of advancement in relation to married or engaged couples; to amend the Married Women's Property Act 1964; and to make provision as regards property derived from an allowance made by a civil partner for the expenses of a civil partnership home or for similar purposes: And that Rob Marris do prepare and bring it in.

7    Family Law (Property and Maintenance) Bill,—Rob Marris accordingly presented a Bill to abolish the common law duty of a husband to maintain his wife; to abolish the presumption of advancement in relation to married or engaged couples; to amend the Married Women's Property Act 1964; and to make provision as regards property derived from an allowance made by a civil partner for the expenses of a civil partnership home or for similar purposes: And the same was read the first time; and ordered to be read a second time on Friday 2nd December and to be printed [Bill 73].

8    Terrorism Bill [1st allotted day],—The House, according to Order, resolved itself into a Committee on the Terrorism Bill.

    (In the Committee)

    Clause No. 1 (Encouragement of terrorism).

    Amendment (No. 79) proposed, in page 1, line 8, to leave out paragraph (b) and insert the words—

    '(b) at the time he does so, he intends or is recklessly indifferent to the fact that the publication will be understood as a direct or indirect encouragement or inducement to the commission, preparation or instigation of acts of terrorism or Convention offences.

    (c) it is not necessary that the prosecution prove that he intended to cause, encourage or induce the commission, preparation or instigation of a specific terrorist act'.—(Mr Dominic Grieve.)

    Question put, That the Amendment be made.

    The Committee divided.

      Tellers for the Ayes, Mr Crispin Blunt, Mr Peter Atkinson: 277.

      Tellers for the Noes, Mr Alan Campbell, Mr Ian Cawsey: 307.

    And it being more than three hours after the commencement of proceedings on the Bill, the Chairman, pursuant to Order [26th October], put the Questions on Amendments selected for separate decision.

    Another Amendment (No. 22) proposed, in page 1, line 14, at the end, to insert the words 'and intends that his statement shall have that effect'.—(Mr Robert Marshall-Andrews.)

    The Committee divided.

      Tellers for the Ayes, Kelvin Hopkins, Mr Neil Gerrard: 299.

      Tellers for the Noes, Mr Alan Campbell, Mr Ian Cawsey: 300.

    Another Amendment (No. 4) proposed, in page 1, line 15, to leave out subsection (2).—(Mr Dominic Grieve.)

    The Committee divided.

      Tellers for the Ayes, Mr Peter Atkinson, Mr Crispin Blunt: 289.

      Tellers for the Noes, Mr Alan Campbell, Mr Ian Cawsey: 305.

    The Chairman then proceeded to put the remaining Questions necessary to dispose of the business to be concluded at that hour.

    Clause agreed to.

    Clauses Nos. 2 to 4 agreed to.

    Clause No. 23 (Extension of period of detention by judicial authority).

    Amendment (No. 8) proposed, in page 21, line 27, to leave out subsection (2).—(Mr Dominic Grieve.)

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

    Another Amendment (No. 9) made.

    Clause, as amended, agreed to.

    Clause No. 24 agreed to.

    The Chairman left the Chair to report progress and ask leave to sit again.

    _________________

    The Deputy Speaker resumed the Chair; and Joan Ryan reported, That the Committee had made progress in the Bill, and moved, That the Committee may have leave to sit again.

    Committee again to-morrow.

9    Public Petitions,—Public Petitions from—

    (1) supporters of the Isitfair Council Tax protest campaign for a fair and equitable replacement for council tax; and

    (2) the commuting public of Bromsgrove for longer platforms at Bromsgrove station;

    were presented and read; and ordered to lie upon the Table and to be printed.

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

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

[Adjourned at 7.55 p.m.

Michael J. Martin

Speaker


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


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

1    Agriculture,—Draft Farm Woodland Premium Schemes (Amendment) (England) Scheme 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Margaret Beckett].

Papers subject to Negative Resolution:

2    Disabled Persons,—Public Service Vehicles Accessibility (Amendment) Regulations 2005 (S.I., 2005, No. 2988), dated 27th October 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

3    Electricity,—Electricity (Exemption from the Requirement for a Generation Licence) (Scotland) Order 2005 (S.I., 2005, No. 3041), dated 30th October 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Alan Johnson].

4    Licences and Licensing,—Licensing Act 2003 (Consequential Amendments) Order 2005 (S.I., 2005, No. 3048), dated 1st November 2005 [by Act], with an Explanatory Memorandum [by Command] [Secretary Tessa Jowell].

5    Road Traffic,—(1) Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) (No. 3) Regulations 2005 (S.I., 2005, No. 2986); and

    (2) Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2005 (S.I., 2005, No. 2987),

    dated 27th October 2005 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Darling].

Other Papers:

6    Cabinet Office,—Paper, entitled Transformational Government: Enabled by Technology [by Command] [Cm. 6683] [Mr John Hutton].

7    National Health Service,—Accounts of the—

    (1) NHS National Treatment Agency for Substance Misuse;

    (2) NHS Pensions Agency; and

    (3) NHS Professionals

    for 2004-05, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 146, 151 and 152] [Ms Secretary Hewitt].

Paper withdrawn:

8    International Immunities and Privileges,—Draft European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005 [laid 27th October].

APPENDIX II

Standing Committees

1    Electoral Administration Bill:

    (1) The Speaker has allocated the Bill to Standing Committee B; and

    (2) the Committee of Selection has nominated eighteen Members to serve on the Committee: Mr Henry Bellingham, Mr Clive Betts, Mr Brian Binley, Kevin Brennan, David Cairns, Mr Jim Devine, Mr Jonathan Djanogly, Ms Harriet Harman, Mr David Heath, Ms Diana R. Johnson, Barbara Keeley, Mrs Eleanor Laing, Martin Linton, Mr Jim McGovern, Dr John Pugh, Mr Peter Robinson and Chris Ruane.

2    National Insurance Contributions Bill:

    (1) The Speaker has allocated the Bill to Standing Committee D; and

    (2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Dr Vincent Cable, Michael Fabricant, Mr Mark Field, Mr Robert Flello, Stephen Hammond, John Healey, Chris Huhne, Mr Ivan Lewis, Ian Lucas, Rob Marris, Mr Brooks Newmark, Mr Andrew Pelling, Dawn Primarolo, Mr Andy Reed, Mark Tami, Mr Tom Watson and Mr Iain Wright.

3    Terrorism (Northern Ireland) Bill:

    (1) The Speaker has allocated the Bill to Standing Committee E; and

    (2) the Committee of Selection has nominated twenty-four Members to serve on the Committee: Mr David Anderson, Mr Adrian Bailey, Mr Henry Bellingham, Lorely Burt, Mr Gregory Campbell, Mr Vernon Coaker, Mary Creagh, Mr Nigel Dodds, Mr Jeffrey M. Donaldson, Mr Christopher Fraser, Mr Mike Hall, Lady Hermon, Meg Hillier, Huw Irranca-Davies, Dr William McCrea, Dr Alasdair McDonnell, Mr John MacDougall, Chris Mole, Lembit Ípik, Dr Nick Palmer, Mr Laurence Robertson, Lynda Waltho, Mr Shaun Woodward and Mr Iain Wright.

4    Draft Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005, the draft Civil Partnership (House of Commons Members' Fund) Order 2005, the draft Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005 and the draft Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005:

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

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: John Austin, Mr Henry Bellingham, Kevin Brennan, Lyn Brown, Chris Bryant, Mr David Burrowes, Rosie Cooper, Mr Stephen Dorrell, Mr Iain Duncan Smith, Michael Gove, Mr David Heath, Stephen Hesford, Mr Andrew Love, Anne Moffat, Bridget Prentice and Andrew Stunell.

5    Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2005 (S.I., 2005, No. 2558):

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

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Henry Bellingham, Mr Clive Betts, Mr Stephen Byers, Greg Clark, Mr Vernon Coaker, Mr Jeffrey M. Donaldson, Mrs Louise Ellman, Mr Tobias Ellwood, Paul Farrelly, Mr Michael Foster (Worcester), Mrs Sharon Hodgson, Lembit Ípik, Mr Laurence Robertson, Mrs Theresa Villiers, Mr Michael Wills and Mr Shaun Woodward.

6    Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 (S.I., 2005, No. 2042):

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

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Mr Graham Allen, Mr Adrian Bailey, Mr Henry Bellingham, Mr Alan Campbell, Mr Ian Davidson, James Duddridge, Angela Eagle, Mr John Gummer, Mr Philip Hollobone, Mark Hunter, Mr Elfyn Llwyd, Mr John McFall, Patrick Mercer, Julie Morgan, Mr Jim Murphy and Dr Phyllis Starkey.

7    Draft New Opportunities Fund (Specification of Initiatives) (No. 2) Order 2005:

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

    (2) the Committee of Selection has nominated sixteen Members to serve on the Committee: Adam Afriyie, Mr Richard Caborn, Mr Jim Cunningham, Mr Don Foster (Bath), Sir Gerald Kaufman, Mark Lazarowicz, John Mann, Mr Austin Mitchell, Dr Doug Naysmith, Andrew Selous, Jo Swinson, Mr Hugo Swire, Mr Andrew Turner, Mr Charles Walker, Claire Ward and Derek Wyatt.

8    Draft Disability Discrimination (Private Clubs etc.) 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 seventeen Members to serve on the Committee: Danny Alexander, Jim Dowd, Mr David Heathcoat-Amory, Mr John Heppell, Mr Brian Jenkins, Mr David Jones, Eric Joyce, Mr Mark Lancaster, Mr David Laws, Mr Ian Liddell-Grainger, Mrs Anne McGuire, Judy Mallaber, Mr John Randall, Mr Mohammad Sarwar, Clare Short, Mr Andrew Slaughter and Joan Walley.

    European Standing Committees

9    European Union Document No. 12197/05 relating to the Marketing of Foods derived from Genetically Modified Maize,—The Committee of Selection has nominated thirteen Members to serve on the European Standing Committee in respect of the Document: Norman Baker, Mr Crispin Blunt, Mr Simon Burns, Mr Vernon Coaker, Caroline Flint, Julia Goldsworthy, Barbara Keeley, Mr Piara S. Khabra, Anne Main, Richard Ottaway, Mr Jamie Reed, Anne Snelgrove and Helen Southworth.

10    European Union Document No. 11413/05 relating to EU Development Policy,—The Committee of Selection has nominated thirteen Members to serve on the European Standing Committee in respect of the Document: John Barrett, Mr Vernon Coaker, Jon Cruddas, Mr Frank Field, Andrew George, Kelvin Hopkins, Mike Penning, Mr John Randall, Grant Shapps, Mark Simmonds, Geraldine Smith, Mr Gareth Thomas and Dr Desmond Turner.

11    European Union Document No. 12790/05, relating to reducing the climate change impact of aviation, has been referred to European Standing Committee A.

12    Unnumbered Explanatory Memorandum dated 4th July 2005, submitted by the Foreign and Commonwealth Office, relating to European Union Arms Exports,—The Committee of Selection has discharged Mr Vernon Coaker and Graham Stringer from the European Standing Committee (nominated in respect of the Memorandum) and nominated in substitution John Robertson and Mr Tom Watson.

APPENDIX III

Reports from Select Committees

1    Constitutional Affairs,—(1) Minutes of Evidence taken before the Constitutional Affairs Committee [Electoral administration]; to be printed [No. 640-i]; and

    (2) Memoranda laid before the Committee [Electoral administration]

    [Dr Alan Whitehead].

2    Education and Skills,—(1) Minutes of Evidence taken before the Education and Skills Committee [Public Expenditure on Education and Skills]; to be printed [No. 479-ii]; and

    (2) Minutes of Evidence taken before the Committee [Schools White Paper]; to be printed [No. 633-i]

    [Mr Barry Sheerman].

3    Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Environment, Food and Rural Affairs Committee [The work of Defra]; to be printed [No. 642-i] [Mr Michael Jack].

4    Environmental Audit,—Minutes of Evidence taken before the Environmental Audit Committee [Keeping the Lights on: Nuclear, Renewables and Climate Change]; to be printed [No. 584-iii] [Mr Peter Ainsworth].

5    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. 34-viii]; and

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

    [Jimmy Hood].

6    Foreign Affairs,—Minutes of Evidence taken before the Foreign Affairs Committee [Foreign Policy Aspects of the War against Terrorism]; to be printed [No. 573-iii] [Mike Gapes].

7    Public Accounts,—Minutes of Evidence taken before the Committee of Public Accounts [The Royal Parks and the Princess Diana memorial fountain]; to be printed [No. 644-i] [Mr Edward Leigh].

8    Science and Technology,—Minutes of Evidence taken before the Science and Technology Committee [Strategic Science Provision in English Universities: follow-up]; to be printed [No. 576-i] [Mr Phil Willis].

9    Statutory Instruments,—Seventh Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 35-vii] [Mr Eric Forth].

10    Transport,—(1) Minutes of Evidence taken before the Transport Committee [Financial Protection for Air Travellers-Follow up]; to be printed [No. 636-i]; and

    (2) Minutes of Evidence taken before the Committee [Transport Security]; to be printed [No. 637-i]

    [Mrs Gwyneth Dunwoody].

11    Treasury,—Minutes of Evidence taken before the Sub-Committee of the Treasury Committee [Statistics Commission: Annual Report 2004-05]; to be printed [No. 641-i] [Mr John McFall].

[W.H., No. 32]

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 Frank Roy);

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

[Adjourned at 5.42 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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