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House of Commons
Session 2005 - 06
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House of Commons Votes and Proceedings
Tuesday 8th November 2005

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

PRAYERS.

1    Selection,—Ordered, That Mr Patrick McLoughlin be discharged from the Committee of Selection and Mr John Randall be added to the Committee.—(Mr Frank Roy.)

2    Terrorism (Northern Ireland) Bill,—Ann Winterton reported from Standing Committee E, That it had gone through the Terrorism (Northern Ireland) Bill, and directed her to report the same, without Amendment.

    Bill, not amended in the Standing Committee, to be considered to-morrow.

3    European Standing Committee,—John Cummings reported from a European Standing Committee the following Resolution:

    That the Committee takes note of European Union Document No. 9758/05, Commission Communication: i2010—A European Information Society for Growth and Employment; and supports the Government view welcoming the objectives of the Commission's i2010 Strategy and endorses the Government's work, during its Presidency of the EU, to identify and agree on the respective responsibilities of all players and the most important actions they need to undertake to ensure that i2010 makes a real contribution to the Lisbon objective to make Europe 'the most competitive and dynamic knowledge-based economy in the world by 2010'.

    Resolution to lie upon the Table.

4    Childcare Bill,—Secretary Ruth Kelly, supported by the Prime Minister, Mr Secretary Prescott, Mr Chancellor of the Exchequer, Ms Secretary Hewitt, Mr Secretary Hain, Secretary Alan Johnson, Beverley Hughes and Margaret Hodge, presented a Bill to make provision about the powers and duties of local authorities and other bodies in England in relation to the improvement of the well-being of young children; to make provision about the powers and duties of local authorities in England and Wales in relation to the provision of childcare and the provision of information to parents and other persons; to make provision about the regulation and inspection of childcare provision in England; and for connected purposes: And the same was read the first time; and ordered to be read a second time to-morrow and to be printed [Bill 80].

    Ordered, That the Explanatory Notes relating to the Childcare Bill be printed [Bill 80-EN].

5    Breastfeeding Etc.,—Ordered, That leave be given to bring in a Bill to make it an offence to prevent or stop a person in charge of a child who is otherwise permitted to be in a public place or licensed premises from feeding milk to that child in that place or on those premises; to make provision in relation to the promotion of breastfeeding; and for connected purposes: And that Mr David Kidney, Annette Brooke, Paul Farrelly, Sandra Gidley, Dr Evan Harris, Dr Brian Iddon, Laura Moffatt, Julie Morgan, Mrs Betty Williams and Mrs Janet Dean do prepare and bring it in.

6    Breastfeeding Etc. Bill,—Mr David Kidney accordingly presented a Bill to make it an offence to prevent or stop a person in charge of a child who is otherwise permitted to be in a public place or licensed premises from feeding milk to that child in that place or on those premises; to make provision in relation to the promotion of breastfeeding; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 11th November and to be printed [Bill 79].

7    Electoral Administration Bill,—The House, according to Order, resolved itself into a Committee on the Electoral Administration Bill (Clauses Nos. 9 to 18; any new Clauses or new Schedules relating to Part 2 or Part 3 of the Bill; any new Clauses or new Schedules relating to the procedure to be followed at an election on the death of a candidate; and any new Clauses or new Schedules relating to candidates standing in more than one constituency at an election).

    (In the Committee)

    Clause No. 9 (Registration officers: duty to take necessary steps).

    Amendment (No. 14) proposed, in page 6, line 15, at the end, to insert the words—

    '(1) Each registration officer must take all necessary steps to remove individuals from the electoral register who are no longer eligible to remain on the register once they cease to be eligible.'.—(Mr Jonathan Djanogly.)

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

    Clause agreed to.

    Clause No. 10 (Anonymous registration).

    Amendment (No. 15) proposed, in page 7, line 17, at the end, to insert the words—

    '(2A) In determining whether the safety of a person, or of his child (who resides at the same address), is at risk in accordance with subsection (2), the applicant must provide written evidence from a government or local authority body or the police to illustrate that risk. A desire for privacy in itself shall not be grounds for anonymity unless there is evidence of ongoing risk to personal safety.'.—(Mr Jonathan Djanogly.)

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

    Clause agreed to.

    Clause No. 11 (Alterations of registers: pending elections).

    Amendment (No. 27) proposed, in page 8, line 26, to leave out subsection (2).—(Mr Andrew Turner.)

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

    Clause agreed to.

    Clause No. 12 agreed to.

    A Clause (NC1) (Registration of Service Personnel)—(Mr Andrew Tyrie)—brought up and read the first time.

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

    And it being two and a half hours after the commencement of proceedings on the Bill, the Chairman put the Question already proposed from the Chair, pursuant to Order [25th October].

The Committee divided.

      Tellers for the Ayes, Mr Henry Bellingham, Mr David Evennett: 217.

      Tellers for the Noes, Mr John Heppell, Mr Ian Cawsey: 288.

    Clause No. 13 (Registration: personal identifiers).

    Amendment (No. 18) proposed, in page 11, line 11, to leave out subsections (2) to (4) and insert—

    '(2) In section 10 (maintenance of registers: annual canvass), after subsection (4) there is inserted—

    "(4A) Subject to subsection (4B) below, the information to be obtained by the use of such a form for the purpose of a canvass shall include—

      (a) the signature of each of the persons in relation to whom the form is completed;

      (b) the date of birth of each such person; and

      (c) in relation to each such person—

          (i) his national insurance number or a statement that he does not have one,

          (ii) a statement of whether or not he has been resident in the United Kingdom for the whole of the three-month period ending on 15th October in the year in question, and

          (iii) any address in the United Kingdom in respect of which he is or has applied to be registered (other than the address in respect of which the form is completed), and the power in subsection (4) above to prescribe a form includes power to give effect to the requirements of the subsection.

    (4B) The Chief Electoral Officer may dispense with the requirement mentioned in subsection (4A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of any incapacity of his or because he is unable to read.".

    (3) In section 10A (maintenance of registers: registration of electors)—

      (a) after subsection (1) there is inserted—

          "(1A) Subject to subsection (1B) below, an application for registration in respect of an address in the United Kingdom shall include—

      (a) the signature of each of the persons to whom the application relates;

      (b) the date of birth of each such person; and

      (c) in relation to each such person—

          (i) his national insurance number or a statement that he does not have one,

          (ii) a statement of whether or not he has been resident in the United Kingdom for the whole of the three-month period ending on the date of the application, and

          (iii) any other address in the United Kingdom in respect of which he is or has applied to be registered, and the power in subsection (1) above to prescribe requirements includes power to give effect to the requirements of this subsection.

          (1B) The Chief Electoral Officer may dispense with the requirement mentioned in subsection (1A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of any incapacity of his or because he is unable to read.",

      (b) in subsection (5), at the beginning there is inserted "Subject to subsection (5A) below,",

      (c) after subsection (5) there is inserted—

          "(5A) A person's name is to be removed from the register in respect of any address if—

      (a) the form mentioned in section 10(4) above in respect of that address does not include all the information relating to him required by virtue of section 10(4A) above; or

      (b) the registration officer determines that he is not satisfied with the information relating to that person which was included in that form pursuant to that requirement.".

      (d) in subsection (6), after "above", there is inserted "or his name is to be removed from it by virtue of subsection (5A) above,", and

      (e) in subsection (8), after "5", there is inserted ", (5A)".

    (4) In section 13A (alteration of registers), after subsection (2) there is inserted—

    "(2A) Subject to subsection (2B) below, an application for registration under subsection (1)(a) above in respect of an address in the United Kingdom shall include—

      (a) the signature of each of the persons to whom the application relates;

      (b) the date of birth of each such person; and

      (c) in relation to each such person—

          (i) his national insurance number or a statement that he does not have one,

          (ii) a statement of whether or not he has been resident in the United Kingdom for the whole of the three-month period ending on the date of the application, and

          (iii) any other address in the United Kingdom in respect of which he is or has applied to be registered, and the power in subsection (1)(a) above to prescribe requirements includes power to give effect to the requirements of this subsection.

    (2B) The Chief Electoral Officer may dispense with the requirement mentioned in subsection (2A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of any incapacity of his or because he is unable to read.".'.—(Mr Oliver Heald.)

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

    Clause agreed to.

    Clause No. 14 agreed to.

    Clause No. 15 (Personal identifiers: piloting).

    Amendment (No. 4) proposed, in page 14, line 17, to leave out subsection (1).—(Mr David Heath.)

    Question put, That the Amendment be made.

The Committee divided.

      Tellers for the Ayes, Sir Robert Smith, Jo Swinson: 201.

      Tellers for the Noes, Claire Ward, Mr Frank Roy: 283.

    Another Amendment (No. 21) proposed, in page 15, line 24, at the end, to insert the words—

    '(16)  In section 10 of the Representation of the People Act 2000 (Pilot schemes for local elections in England and Wales), after subsection (1), insert—

    "(1A)  No pilot scheme shall take place by all-postal voting or involve sending ballot papers to electors who have not expressly and explicitly requested to vote by post.".'.—(Mr Oliver Heald.)

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

    Clause agreed to.

    Clauses Nos. 16 and 17 agreed to.

    Clause No. 18 (Offences as to false registration information).

    Amendment (No. 25) proposed, in page 17, line 15, after the word 'electors', insert the word 'knowingly'.—(Mr Oliver Heald.)

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

    Clause agreed to.

    Another Clause (NC3) (Death of Candidate)—(Sir Patrick Cormack)—brought up and read the first time and second time and added.

    Another Clause (NC2) (Candidate not to stand in more than one constituency)—(Sir Patrick Cormack)—brought up and read the first time and second time and added.

    Whereupon the Chairman left the Chair to report the Bill, as amended, to the House.

__________________

    The Deputy Speaker resumed the Chair; and Gillian Merron reported, That the Committee had gone through the Bill (Clauses Nos. 9 to 18; any new Clauses or new Schedules relating to Part 2 or Part 3 of the Bill; any new Clauses or new Schedules relating to the procedure to be followed at an election on the death of a candidate; and any new Clauses or new Schedules relating to candidates standing in more than one constituency at an election), and made Amendments thereunto.

    Bill (Clauses Nos. 9 to 18; any new Clauses or new Schedules relating to Part 2 or Part 3 of the Bill; any new Clauses or new Schedules relating to the procedure to be followed at an election on the death of a candidate; and any new Clauses or new Schedules relating to candidates standing in more than one constituency at an election), as amended, to lie upon the Table.

8    Public Petition,—A Public Petition from supporters of the Isitfair Council Tax protest campaign for a fair and equitable replacement for council tax was presented and read; and ordered to lie upon the Table and to be printed.

9    Adjournment,—Resolved, That this House do now adjourn.—(Gillian Merron.)

    And accordingly, the House, having continued to sit till three minutes past Eleven o'clock, adjourned till to-morrow.

[Adjourned at 11.03 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    Civil Partnership,—Civil Partnership (Miscellaneous and Consequential Provisions) Order (Northern Ireland) 2005 (S.R. (N.I.), 2005, No. 471), dated 31st October 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hain].

2    Family Law,—Dissolution etc. (Pensions) Regulations (Northern Ireland) 2005 (S.R. (N.I.), 2005, No. 484), dated 7th November 2005 [by Act], with an Explanatory Memorandum [by Command] [Bridget Prentice].

3    National Health Service,—National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Civil Partnership) Amendment Regulations 2005 (S.I., 2005, No. 3074), dated 2nd November 2005 [by Act] [Ms Secretary Hewitt].

4    Public Health,—Vaccine Damage Payments (Amendment) Regulations 2005 (S.I., 2005, No. 3070), dated 3rd November 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hutton].

5    Social Security,—Social Fund Maternity and Funeral Expenses (General) Regulations 2005 (S.I., 2005, No. 3061), dated 2nd November 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hutton].

Other Papers:

6    British Library,—Report and Accounts of the British Library for 2004-05, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 214] [Secretary Tessa Jowell].

7    Naval and Marine Pay and Pensions,—(1) Naval and Marine Pay and Pensions (Hong Kong Locally Engaged Ratings' Service Gratuities and Attributable Disablement and Death Awards) Order 2005;

    (2) Naval and Marine Pay and Pensions (Hong Kong Locally Engaged Ratings' Service Pensions Increases) Order 2005;

    (3) Naval and Marine Pay and Pensions (Maltese Naval Locally Engaged Personnel Disablement Awards) Order 2005; and

    (4) Naval and Marine Pay and Pensions (Maltese Naval Locally Engaged Personnel Widows' Attributable Pensions) Order 2005,

    dated 12th October 2005 [by Act] [Ms Harriet Harman].

8    Northern Ireland,—Report and Accounts of the Staff Commission for Education and Library Boards for 2004-05, with the Report of the Comptroller and Auditor General for Northern Ireland thereon [by Statutory Instrument]; to be printed [No. 507] [Mr Secretary Hain].

9    Police and Criminal Evidence,—Draft Codes of Practice—

    (1) for the exercise by: police officers of statutory powers of stop and search; police officers and police staff of requirements to record public encounters (Code A);

    (2) for searches of premises by police officers and the seizure of property found by police officers on persons or premises (Code B);

    (3) for the detention, treatment and questioning of persons by police officers (Code C);

    (4) for the identification of persons by police officers (Code D);

    (5) on audio recording interviews with suspects (Code E);

    (6) on visual recording with sound of interviews with suspects (Code F); and

    (7) for the statutory power of arrest by police officers (Code G)

    [by Act] [Mr Secretary Clarke].

10    Treasure,—Treasure Report for 2003 [by Act] [Secretary Tessa Jowell].

APPENDIX II

Standing Committees

    European Standing Committees

1    European Union Document Nos. 13686/04, 13687/04, 13688/04, 13689/04 and 13690/04 on EC External Action-New Instruments for Co-operation,—The Speaker has appointed Mr Martin Caton Chairman of the European Standing Committee in respect of the Documents, in place of Hywel Williams.

2    European Union Document No. 9758/05 relating to the European Information Society for Growth and Employment,—The Committee of Selection has discharged Mr Tom Clarke and Mr Vernon Coaker from the European Standing Committee (nominated in respect of the Document) and nominated in substitution Mr Sin Simon and Mr Tom Watson.

APPENDIX III

Reports from Select Committees

1    Administration,—(1) First Special Report from the Administration Committee [Publication of Summary Records of Discussion and Committee Papers]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 659]; and

    (2) Record of the Committee's discussions at its meeting on 8th November 2005

    [Mr Frank Doran].

2    Culture, Media and Sport,—Minutes of Evidence taken before the Culture, Media and Sport Committee [Analogue Switch-Off]; to be printed [No. 650-i] [Mr John Whittingdale].

3    Environmental Audit,—Minutes of Evidence taken before the Sub-Committee of the Environmental Audit Committee [Sustainable Timber]; to be printed [No. 607-iii] [Mr Peter Ainsworth].

4    Home Affairs,—(1) Minutes of Evidence taken before the Home Affairs Committee [Prison Suicides and Overcrowding]; to be printed [No. 656-i]; and

    (2) Papers laid before the Committee [Documents relating to Government's 90-Day Detention Proposal]

    [Mr John Denham].

5    International Development,—Minutes of Evidence taken before the International Development Committee, together with Appendices [Darfur, Sudan: The responsibility to protect]; to be printed [No. 657-i] [Malcolm Bruce].

6    Scottish Affairs,—Minutes of Evidence taken before the Scottish Affairs Committee [The Potential Benefits for Scotland of the 2012 Olympics]; to be printed [No. 658-i] [Mr Mohammad Sarwar].

7    Select Committees (Choice of Chairman),—Sir Nicholas Winterton reported from the Procedure Committee, That the Committee had chosen Mr Greg Knight to be Chairman with effect from Wednesday 9th November 2005.

8    Treasury,—Minutes of Evidence taken before the Treasury Committee [Financial Services Authority]; to be printed [No. 655-i] [Mr John McFall].

[W.H., No. 34]

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.—(Mr Ian Cawsey.)

    And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 1.54 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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