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Session 2005 - 06
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House of Commons Votes and Proceedings
Tuesday 24th January 2006

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

PRAYERS.

1    Leicester City Council Bill,—A Bill to confer powers on Leicester City Council for the better control of street trading in the City of Leicester was read the first time; and ordered to be read a second time.

2    Liverpool City Council Bill,—A Bill to confer powers on Liverpool City Council for the better control of street trading in the City of Liverpool was read the first time; and ordered to be read a second time.

3    Maidstone Borough Council Bill,—A Bill to confer powers on Maidstone Borough Council for the better control of street trading in the borough of Maidstone was read the first time; and ordered to be read a second time.

4    Second Standing Committee on Delegated Legislation,—Mr Peter Atkinson reported from the Second Standing Committee on Delegated Legislation the Travel Concessions (Extension of Entitlement) (England) Order 2005 (S.I., 2005, No.3224).

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

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

    The Lords have agreed to the Racial and Religious Hatred Bill, with Amendments; to which the Lords desire the concurrence of this House.

6    Racial and Religious Hatred Bill,—Lords Amendments to the Racial and Religious Hatred Bill to be considered to-morrow; and to be printed [Bill 120].

7    Council Tax Benefit (Pensions Entitlement),—Ordered, That leave be given to bring in a Bill to provide that persons who own their own homes and are in receipt of State Pension should automatically receive Council Tax Benefit; to require local authorities to inform all such persons about their rights to Council Tax Benefit; and for connected purposes: And that Tony Baldry, Tom Brake, Mr Alistair Carmichael, Dr Hywel Francis, Mr Jeremy Hunt, Mr Boris Johnson, Grant Shapps and Mr Edward Vaizey do prepare and bring it in.

8    Council Tax Benefit (Pensions Entitlement) Bill,—Tony Baldry accordingly presented a Bill to provide that persons who own their own homes and are in receipt of State Pension should automatically receive Council Tax Benefit; to require local authorities to inform all such persons about their rights to Council Tax Benefit; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 16th June and to be printed [Bill 116].

9    Government of Wales Bill [2nd allocated day],—The House, according to Order, again resolved itself into a Committee on the Government of Wales Bill.

    Clause No. 94 (Amendment of Schedule 5)

    Another Amendment (No. 180) proposed, in page 51, line 26, after the word 'Assembly', to insert the words 'in which the number of Assembly members voting in favour of it is not less than two thirds of the total number of Assembly seats'.—(Mr Dominic Grieve.)

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

    Another Amendment (No. 187) proposed, in page 51, line 29, at the end, to insert the words—

    '(5A)  Any draft of an Order in Council laid before Parliament under this section must be accompanied by—

      (a) a detailed memorandum setting out the scope of the proposal, its practical effects on Wales and the legislative authority that would pass to the National Assembly, and

      (b) a draft of the proposed Assembly Measure.

    (5B) Before an Order in Council is subject to a resolution of both Houses of Parliament, the Secretary of State must make a motion to refer the draft of the Order in Council, along with the draft Assembly Measure, to the Welsh Grand Committee for consideration.

    (5C) A report of the debate in the Welsh Grand Committee on the draft Order in Council and Assembly Measure must have been available to both Houses of Parliament for a period of not less than 60 days before any Order in Council is made under this section.'.—(Mr Dominic Grieve.)

    Question put, That the Amendment be made.

    The Committee divided.

      Tellers for the Ayes, Mr Henry Bellingham, Mr David Evennett: 172.

      Tellers for the Noes, Mr Vernon Coaker, Mr Dave Watts: 328.

    Another Amendment (No. 123) proposed, in page 51, line 39, to leave out from the word 'Parliament' to end of line 1 on page 52.—(Mr Elfyn Llwyd.)

    Question put, That the Amendment be made.

    The Committee divided.

      Tellers for the Ayes, Hywel Williams, Mr Roger Williams: 206.

      Tellers for the Noes, Mr Vernon Coaker, Mr Dave Watts: 275.

    The Chairman, being of the opinion that the principle of the Clause and any matters arising thereon had been adequately discussed in the course of debate on the Amendments proposed thereto, put forthwith the Question, pursuant to Standing Order No. 68 (Debate on clause or schedule standing part), That the Clause stand part of the Bill.

    The Committee divided.

      Tellers for the Ayes, Mr Dave Watts, Mr Vernon Coaker: 277.

      Tellers for the Noes, Lorely Burt, Mr Roger Williams: 62.

    Clause No. 95 (Scrutiny of proposed Orders in Council by Supreme Court).

    Amendment (No. 28) proposed, in page 52, line 11, after the words 'Counsel General', insert the words 'or the Assembly'.—(Hywel Williams.)

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

    Another Amendment (No. 188) proposed, in page 52, line 11, to leave out the word 'may' and insert the word 'must'.—(David Mundell.)

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

    Clause agreed to.

    Clause No. 96 (Introduction of proposed Assembly Measures).

    Amendment (No. 30) proposed, in page 52, line 21, at the end, to insert the words ', or

    (c)  by any committee of the Assembly established under section 28 or section 30.'.—(Hywel Williams.)

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

    Clause agreed to.

    Clause No. 97 (Proceedings on proposed Assembly Measures).

    Amendment (No. 170) proposed, in page 53, line 5, to leave out subsection (2).—(Mr Dominic Grieve.)

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

    Clause agreed to.

    Clauses Nos. 98 and 99 agreed to.

    Clause No. 100 (Power to intervene in certain cases).

    Amendment (No. 125) proposed, in page 54, line 39, to leave out paragraph (a).—(Mr Elfyn Llwyd.)

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

    Another Amendment (No. 158) proposed, in page 54, line 41, to leave out paragraph (b).—(Mr Elfyn Llwyd.)

    Question put, That the Amendment be made.

    The Committee divided.

      Tellers for the Ayes, Hywel Williams, Adam Price: 7.

      Tellers for the Noes, Mr John Heppell, Mr Parmjit Dhanda: 317.

    Clause agreed to.

    Clause No. 101 agreed to.

    Clause No. 102 (Referendum about commencement of Assembly Act provisions).

    Amendment (No. 189) proposed, in page 56, line 24, to leave out subsection (3).—(Mrs Cheryl Gillan.)

    Question put, That the Amendment be made.

    The Committee divided.

      Tellers for the Ayes, Mr David Evennett, Mr Henry Bellingham: 152.

      Tellers for the Noes, Tony Cunningham, Mr Alan Campbell: 313.

    Another Amendment (No. 31) proposed, in page 56, line 25, at the end, to insert the words—

    '(3A)  If a resolution passed by the Assembly under section 103 includes the text of the question which the Assembly proposes should be included on the ballot paper at the referendum, that text shall be included in any recommendation made to Her Majesty in Council to make an Order in Council under subsection (1).'.—(Adam Price.)

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

    Another Amendment (No. 156) proposed, in page 56, line 28, after the word 'Council', to insert '(a)'.—(Adam Price.)

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

    Clause agreed to.

    Schedule No. 6 agreed to.

    Clause No. 103 (Proposal for referendum by Assembly).

    Amendment (No. 32) proposed, in page 57, line 7, to leave out from the word 'which' to the end of line 9 and insert the words 'a majority of Assembly Members present and voting vote in favour'.—(Hywel Williams.)

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

    Another Amendment (No. 110) proposed, in page 57, line 13, to leave out subsection (3) and insert the words—

    '(3)  The Secretary of State must—

      (a) within the period of 120 days beginning immediately after the day upon which it is received consult upon—

      (i) the voting system, and

      (ii) the number of Assembly members

      of an Assembly after the Assembly Act provisions have come into force, and

      (b) within the period of 180 days after the end of the consultation—

      (i) lay a draft of a statutory instrument containing on Order in Council under section 102(1) before each House of Parliament, or

      (ii) give notice in writing to the First Minister of the Secretary of State's refusal to do so and the reasons for that refusal.'.—(Ian Lucas.)

    Question proposed, That the Amendment be made.

    And it being Ten o'clock, the Chairman left the Chair to report progress and ask leave to sit again, pursuant to Order.

    _________________

    The Deputy Speaker resumed the Chair; and Mr John Heppell 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.

10    Excise,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Duty Stamps (Amendment of paragraph 1(3) of Schedule 2A to the Alcoholic Liquor Duties Act 1979) Order 2006, which was laid before this House on 9th January, be approved—(Mr John Heppell):—It was agreed to.

11    Adjournment (February),—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 Thursday 16th February, do adjourn till Monday 27th February 2006—(Mr John Heppell):—It was agreed to.

12    Public Petition,—A Public Petition from the Save Stamford Hospital Now Campaign for the expansion of services at Stamford Hospital 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 John Heppell);

    And the Motion having been made after Ten 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 twenty-nine minutes to Eleven o'clock, till to-morrow.

[Adjourned at 10.31 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    Constitutional Law,—Draft National Assembly for Wales (Representation of the People) (Amendment) Order 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hain].

2    Representation of the People,—Draft Representation of the People (England and Wales) (Amendment) Regulations 2006 [by Act], with an Explanatory Memorandum [by Command] [Ms Harriet Harman].

Papers subject to Negative Resolution:

3    Disability Discrimination,—Draft Code of Practice on the provision and use of transport vehicles (Supplement to Part 3 Code of Practice) [by Act] [Mr Secretary Darling].

4    Income Tax,—(1) Lloyd's Underwriters (Conversion to Limited Liability Underwriting) (Tax) Regulations 2006 (S.I., 2006, No. 112); and

    (2) Lloyd's Underwriters (Scottish Limited Partnerships) (Tax) (Amendment) Regulations 2006 (S.I., 2006, No. 111),

    dated 23rd January 2006 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Ivan Lewis].

5    Merchant Shipping,—Merchant Shipping (Training and Certification and Minimum Standards of Safety Communications) (Amendment) Regulations 2006 (S.I., 2006, No. 89), dated 18th January 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Darling].

6    Terms and Conditions of Employment,—Working Time (Amendment) Regulations 2006 (S.I., 2006, No. 99), dated 23rd January 2006 [by Act], with an Explanatory Memorandum [by Command] [Secretary Alan Johnson].

Other Papers:

7    Brazil (No. 1, 2006),—Treaty, done at London on 7th April 2005, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Federative Republic of Brazil on Mutual Legal Assistance in Criminal Matters, with an Explanatory Memorandum [by Command] [Cm. 6734] [Mr Secretary Straw].

8    Public Petitions,—Observations by the Secretary of State for Transport on the Petition [20th December] from residents of Southend-on-Sea and others for the introduction of replacement bus services in Southend [by Standing Order] [Clerk of the House].

9    Work and Pensions,—Paper, entitled A new deal for welfare: Empowering people to work [by Command] [Cm. 6730] [Mr Secretary Hutton].

Papers withdrawn:

10    Constitutional Law,—Draft National Assembly for Wales (Representation of the People) (Amendment) Order 2006 [laid 9th January].

11    Representation of the People,—Draft Representation of the People (England and Wales) (Amendment) Regulations 2006 [laid 19th December].

APPENDIX II

Standing Committees

Travel Concessions (Extension of Entitlement) (England) Order 2005 (S.I., 2005, No. 3224),—The Committee of Selection has discharged Mr David Hamilton, Mr Frank Roy and Ms Dari Taylor from the Second Standing Committee on Delegated Legislation (nominated in respect of the Order) and nominated in substitution Mr Alan Campbell, Mrs Sharon Hodgson and Mr Iain Wright.

APPENDIX III

Reports from Select Committees

1    Administration,—Record of the Administration Committee's discussions at its meeting on 24th January [Mr Frank Doran].

2    Crossrail,—Minutes of Evidence taken before the Select Committee on the Crossrail Bill; to be printed [No. 837-iv] [Sir Peter Soulsby].

3    Culture, Media and Sport,—First Report from the Culture, Media and Sport Committee [Broadcasting rights for cricket], 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. 720] [Mr John Whittingdale].

4    Defence,—Minutes of Evidence taken before the Defence Committee [MoD Annual Report and Accounts]; to be printed [No. 822] [Mr James Arbuthnot].

5    Home Affairs,—Minutes of Evidence taken before the Home Affairs Committee [Immigration Control]; to be printed [No. 775-iv] [Mr David Winnick].

6    Liaison,—First Report from the Liaison Committee [Government Reply to Annual Report for 2004], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 855] [Mr Alan Williams].

7    Trade and Industry,—Minutes of Evidence taken before the Trade and Industry Committee, and Appendices [The Work of the Advisory, Conciliation and Arbitration Service (Acas)]; to be printed [No. 852-i] [Peter Luff].

8    Treasury,—Minutes of Evidence taken before the Treasury Committee [Financial Inclusion]; to be printed [No. 848-i] [Mr John McFall].

[W.H., No. 58]

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.—(Claire Ward.)

    And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 1.59 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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