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Session 2005 - 06
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House of Commons Votes and Proceedings
Wednesday 16th November 2005

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

PRAYERS.

1    Fifth Standing Committee on Delegated Legislation,—Mr Martyn Jones reported from the Fifth Standing Committee on Delegated Legislation the Tryptophan in Food (England) Regulations 2005 (S.I., 2005, No. 2630).

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

2    Sixth Standing Committee on Delegated Legislation,—Ann Winterton reported from the Sixth Standing Committee on Delegated Legislation the Accession (Immigration and Worker Registration) (Amendment) Regulations 2005 (S.I., 2005, No. 2400).

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

3    Seventh Standing Committee on Delegated Legislation,—Mr Bill Olner reported from the Seventh Standing Committee on Delegated Legislation the draft Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2005, the draft Family Proecdure (Modification of Enactments) Order 2005 and the Revised Funding Code prepared by the Legal Services Commission.

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

4    Income Tax (Earnings Exemption for Persons Living in Poverty) (No. 2),—Ordered, That leave be given to bring in a Bill to provide that income tax be not chargeable on the earnings of persons living in poverty: And that Mr Geoffrey Clifton-Brown, Mr John Whittingdale, Mr Iain Duncan Smith, Mr Edward Leigh, Nick Herbert, Mr William Hague, Mr Peter Atkinson, Mr Peter Ainsworth, Andrew Selous, Peter Luff, Sir George Young and Mr David Curry do prepare and bring it in.

5    Income Tax (Earnings Exemption for Persons Living in Poverty) (No. 2) Bill,—Mr Geoffrey Clifton-Brown accordingly presented a Bill to provide that income tax be not chargeable on the earnings of persons living in poverty: 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 89].

6    Immigration, Asylum and Nationality Bill,— The House, according to Order, proceeded to consider the Immigration, Asylum and Nationality Bill, as amended in the Standing Committee.

    A Clause (NC1) (Over-staying leave pending appeal)—(Mr Tony McNulty)—brought up, read the first and second time, and added to the Bill.

    Another Clause (NC2) (Detained persons: national minimum wage)—(Mr Tony McNulty)—brought up, read the first and second time, and added to the Bill.

7    Deferred Division,—The Deputy Speaker announced the results of the Division which had been deferred to this day, pursuant to Standing Order No. 41A (Deferred divisions):

    Marketing of Foods Derived from Genetically Modified Maize,—That this House takes note of European Union Document No. 12197/05, draft Council Decision authorising the placing on the market of foods and food ingredients from genetically modified maize line MON863 as novel foods or novel food ingredients under Regulation (EC) No. 258/97; and supports the Government's view that products derived from this maize meet the necessary requirements for authorisation under Regulation (EC) No. 258/97.

      Ayes: 216.

      Noes: 73.

    So the Question was agreed to.

8    Immigration, Asylum and Nationality Bill,—The House again proceeded to consider the Immigration, Asylum and Nationality Bill.

    Amendment (No. 47) proposed to the Bill, in page 1, line 3, to leave out Clause No. 1.—(Dr Evan Harris.)

    Question put, That the Amendment be made.

The House divided.

      Tellers for the Ayes, Andrew Stunell, Mr Crispin Blunt: 228.

      Tellers for the Noes, Mr Vernon Coaker, Mr Frank Roy: 270.

    Another Amendment (No. 6) proposed to the Bill, in page 2, line 36, to leave out Clause No. 4.—(Mrs Cheryl Gillan.)

    Question put, That the Amendment be made.

The House divided.

      Tellers for the Ayes, Mr Peter Atkinson, Mr Crispin Blunt: 225.

      Tellers for the Noes, Mr Vernon Coaker, Mr Frank Roy: 272.

      Amendments (Nos. 27 and 28) made to the Bill.

    Another Amendment (No. 8) proposed to the Bill, in page 6, line 28, after the word 'employ', to insert the words 'for more than 15 hours in any one week'.—(Mr Humfrey Malins.)

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

    Another Amendment (No. 10) proposed to the Bill, in page 6, line 40, to leave out from the word 'he' to the end of line 41 and insert the words 'took reasonable steps to comply with any prescribed requirements in relation to the employment.', instead thereof.—(Mr Humfrey Malins.)

    Question put, That the Amendment be made.

The House divided.

      Tellers for the Ayes, Mr Crispin Blunt, Mr Peter Atkinson: 223.

      Tellers for the Noes, Mr Ian Cawsey, Tony Cunningham: 274.

    Another Amendment (No. 11) made to the Bill.

    Another Amendment (No. 17) proposed to the Bill, in page 14, line 38, after the word 'owner', to insert the word ', captain'.—(Mr Humfrey Malins.)

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

Other Amendments (Nos. 30 to 32) made to the Bill.

    Another Amendment (No. 34) proposed to the Bill, in page 28, line 1, to leave out Clause No. 51.—(Mr Alistair Carmichael.)

    Question proposed, That the Amendment be made;

And it being Six o'clock, the Deputy Speaker, pursuant to Order [5th July], put the Question already proposed from the Chair. The House divided.

      Tellers for the Ayes, Richard Younger-Ross, Lorely Burt: 64.

      Tellers for the Noes, Mr Ian Cawsey, Tony Cunningham: 275.

    The Deputy Speaker then put forthwith the Question on an Amendment selected for separate decision.

    Another Amendment (No. 37) proposed to the Bill, in page 28, line 32, to leave out subsection (1).—(Mr Alistair Carmichael.)

    Question put, That the Amendment be made.

The House divided.

      Tellers for the Ayes, Richard Younger-Ross, Andrew Stunell: 60.

      Tellers for the Noes, Mr Ian Cawsey, Tony Cunningham: 278.

    The Deputy Speaker then put the Question on a further Amendment moved by a Minister of the Crown.

      Amendment (No. 29) made.

    A Motion was made, and the Question being proposed, That the Bill be now read a third time;

    And it being Seven o'clock, the Deputy Speaker put the Question, pursuant to Order [5th July].

The House divided.

      Tellers for the Ayes, Mr Ian Cawsey, Tony Cunningham: 330.

      Tellers for the Noes, Bob Russell, Richard Younger-Ross: 58.

So the Question was agreed to. The Bill was accordingly read the third time, and passed.

9    Adjournment (Christmas),—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 25 (Periodic adjournments), That this House, at its rising on Tuesday 20th December 2005, do adjourn till Monday 9th January 2006—(Mr Alan Campbell):—It was agreed to.

10    Business of the House,—Ordered, That, on Tuesday 20th December—

    (1) references to specific times in the Standing Orders of this House shall apply as if that day were a Wednesday; and

    (2) there shall be no sitting in Westminster Hall.—(Mr Alan Campbell.)

11    Business of the House,—Ordered, That—

    (1) the Order of 24th May 2005 relating to Business of the House be amended by leaving out the reference to 24th February and inserting a reference to 3rd March; and

    (2) the Orders of the day which have been set down for 24th February shall be read and discharged; and the said Orders shall be set down for 3rd March.—(Mr Alan Campbell.)

12    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.

13    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 ordered to lie upon the Table and to be printed.

14    Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr Alan Campbell);

    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 fourteen minutes to Eight o'clock, till to-morrow.

[Adjourned at 7.46 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:

Paper subject to Affirmative Resolution:

1    London Government,—Draft Transport for London (Best Value) (Contracting Out of Investment and Highways Functions) Order 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Prescott].

Paper subject to Negative Resolution:

2    Civil Partnership,—Civil Partnership (Armed Forces) Order 2005 (S.I., 2005, No. 3188), dated 15th November 2005 [by Act], with an Explanatory Memorandum [by Command] [Ms Harriet Harman].

Other Papers:

3    Government Resources and Accounts,—Accounts of National Savings and Investments Products for 2004-05, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 629] [Mr Ivan Lewis].

4    Miscellaneous (No. 8, 2005),—International Convention, done at London on 23rd March 2001, on Civil Liability for Bunker Oil Pollution Damage, 2001, with an Explanatory Memorandum [by Command] [Cm. 6693] [Mr Secretary Straw].

5    Overseas Territories,—Overseas Territories (Zimbabwe) (Restrictive Measures) (Amendment) Order 2005 (S.I., 2005, No. 3183), dated 15th November 2005 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Straw].

6    Public Accounts,—Treasury Minutes on the Second, Fifth and Sixth Reports from the Committee of Public Accounts, Session 2005-06 [by Command] [Cm. 6689] [John Healey].

7    Public Petitions,—Observations by the Secretary of State for Health on the Petition [19th October] from Marlow Evening Townswomen's Guild against mixed sex wards [by Standing Order]; to be printed [Clerk of the House].

APPENDIX II

Standing Committees

1    Draft Tax and Civil Partnership Regulations 2005, and the draft Tax and Civil Partnership (No. 2) Regulations 2005:

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

    (2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Mr Richard Bacon, Richard Burden, Dr Vincent Cable, David T. C. Davies (Monmouth), Michael Fabricant, Mr Christopher Fraser, Chris Huhne, Glenda Jackson, John McDonnell, Dawn Primarolo, Mr Nick Raynsford, Mr Andy Reed, Mrs Linda Riordan, Alan Simpson, Mr Richard Spring, Graham Stringer and Mr Tom Watson.

2    Draft Retention of Communications Data (Further Extension of Initial Period) Order 2005:

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

    (2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Tony Baldry, Ms Celia Barlow, Mr Brian Binley, Hazel Blears, Mr Alistair Carmichael, Mr Brian H. Donohoe, Natascha Engel, Mr Edward Garnier, David Heyes, Mr George Howarth, Mr Michael Jack, Mr Denis MacShane, Mr Mark Oaten, Stephen Pound, Mr Mark Prisk, Joan Ryan and Ms Dari Taylor.

3    Draft Asylum (Designated States) (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 seventeen Members to serve on the Committee: Mr Ian Austin, John Bercow, James Brokenshire, Andy Burnham, Mrs Cheryl Gillan, Mr John Grogan, Mr David Hamilton, Mr Dai Havard, Martin Horwood, Sir Gerald Kaufman, Mr Khalid Mahmood, Dr Doug Naysmith, Dan Norris, Mr Mark Oaten, Mr Mark Prisk, Joan Ryan and Mr Ian Taylor.

4    Tryptophan in Food (England) Regulations 2005 (S.I., 2005, No. 2630),—The Committee of Selection has discharged Mr Fabian Hamilton, Kerry McCarthy, Mrs Madeleine Moon and Mr Iain Wright from the Fifth Standing Committee on Delegated Legislation (nominated in respect of the Regulations) and nominated in substitution Mr Adrian Bailey, Sarah McCarthy-Fry, Mr Denis Murphy and Anne Snelgrove.

5    Draft European Forest Institute (Legal Capacities) Order 2005:

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

    (2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Mr David Anderson, Mr Graham Brady, Sir Menzies Campbell, Mr Vernon Coaker, Harry Cohen, Philip Davies, Frank Dobson, Mrs Nadine Dorries, Mr Neil Gerrard, Mr Peter Kilfoyle, Miss Julie Kirkbride, Mr Alan Meale, Ian Pearson, Andrew Selous, Mr Sin Simon, Mrs Betty Williams and Richard Younger-Ross.

6    Accession (Immigration and Worker Registration) (Amendment) Regulations 2005 (S.I., 2005, No. 2400),—The Committee of Selection has discharged Linda Gilroy, Dr Brian Iddon and Joan Ryan from the Sixth Standing on Delegated Legislation (nominated in respect of the Regulations) and nominated in substitution Mr Ian Cawsey, Jeff Ennis and Jon Trickett.

7    Draft European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005:

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

    (2) the Committee of Selection has nominated seventeen Members to serve on the Committee: Mr David S. Borrow, Mr Jeremy Browne, Mr Alan Campbell, Sir Menzies Campbell, Mr David Chaytor, Bill Etherington, Mr Mike Hall, Mr Piara S. Khabra, Mr Edward Leigh, Mr John MacDougall, Miss Anne McIntosh, Mr Alan Milburn, Ian Pearson, Andrew Selous, Mr Sin Simon, Sir John Stanley and Sir Peter Tapsell.

8    Draft Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2005, the draft Family Procedure (Modification of Enactments) Order 2005 and the Revised Funding Code Prepared by the Legal Services Commission,—The Committee of Selection has discharged Mr Alan Meale and Gwyn Prosser from the Seventh Standing Committee on Delegated Legislation (nominated in respect of the draft Orders and Code) and nominated in substitution Dr Ian Gibson and Mr Sin Simon.

    European Standing Committees

9    European Union Document No. 8630/05 relating to the Control of Avian Influenza,—The Committee of Selection has nominated thirteen Members to serve on the Committee: Mr Peter Atkinson, Norman Baker, Mr Richard Benyon, Dr Roberta Blackman-Woods, Mr Ben Bradshaw, Mr Colin Breed, Mr Vernon Coaker, Kelvin Hopkins, Barbara Keeley, Mr Owen Paterson, Mr Jamie Reed, David Tredinnick and Mr Paul Truswell.

10    European Union Document No. 11288/05 relating to the European Evidence Warrant,—The Committee of Selection has nominated thirteen Members to serve on the Committee: Roger Berry, Andy Burnham, Mr Douglas Carswell, Mr Vernon Coaker, Mr Jonathan Djanogly, Clive Efford, Lynne Featherstone, Mr Robert Flello, Mr Adam Holloway, Mr Mark Oaten, Mr Mark Prisk, Gwyn Prosser and Dr Gavin Strang.

11    European Union Document No. 12125/05, relating to the return of illegal immigrants, has been referred to European Standing Committee B.

12    European Union Documents No. 12493/05 and Addendum 1, No. 12494/05 and Addendum 1, No. 12712/05 and No. 13532/05, relating to financial management, have been referred to European Standing Committee B, together with European Union Documents No. 11216/05 and No. 11452/05 and Addenda 1-2 relating to financial management, already referred to the Committee on 19th October 2005.

APPENDIX III

Reports from Select Committees

1    Administration,—Record of the Administration Committee's discussion at its meeting on 15th November 2005 [Mr Frank Doran].

2    Education and Skills,—Minutes of Evidence taken before the Education and Skills Committee [Further Education]; to be printed [No. 649-ii] [Mr Barry Sheerman].

3    Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Environment, Food and Rural Affairs Committee [The Departmental Annual Report 2005]; to be printed [No. 693-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-v] [Mr Peter Ainsworth].

5    European Scrutiny,—(1) Tenth Report from the European Scrutiny Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 34-x]; and

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

    [Michael Connarty].

6    Foreign Affairs,—Minutes of Evidence taken before the Foreign Affairs Committee [Human Rights Annual Report 2005]; to be printed [No. 574-i] [Mike Gapes].

7    Public Accounts,—(1) Fifteenth Report from the Committee of Public Accounts [HM Customs and Excise Standard Report 2003-04]; to be printed [No. 695];

    (2) Sixteenth Report from the Committee [Reducing Vehicle Crime]; to be printed [No. 696]; and

    (3) Minutes of Evidence taken before the Committee [The refinancing of the Norfolk and Norwich PFI hospital]; to be printed [No. 694-i]

    [Mr Edward Leigh].

8    Science and Technology,—Minutes of Evidence taken before the Science and Technology Committee [Carbon Capture and Storage Technology]; to be printed [No. 578-i] [Mr Phil Willis].

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

10    Transport,—Minutes of Evidence taken before the Transport Committee [Departmental Annual Report 2005]; to be printed [No. 684-i] [Mrs Gwyneth Dunwoody].

11    Treasury,—Minutes of Evidence taken before the Sub-Committee of the Treasury Committee [HM Treasury: Departmental Report 2005]; to be printed [No. 691-i] [Mr John McFall].

[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 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 5.32 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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