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Session 2005 - 06
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House of Commons Votes and Proceedings
Tuesday 28th February 2006

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

1    The Speaker's Absence,—The House being met, and having been informed on Monday 27th February of the unavoidable absence, through illness, of Mr Speaker from the sittings of the House this week, Sir Alan Haselhurst, the Chairman of Ways and Means, proceeded to the Table

PRAYERS.

2    The Chairman of Ways and Means took the Chair as Deputy Speaker, pursuant to the Standing Order.

3    Climate Change and Sustainable Energy Bill,—Mr Joe Benton reported from Standing Committee C, That it had gone through the Climate Change and Sustainable Energy Bill, and made Amendments thereunto, and had amended the title as follows:

    A Bill to make provision about the reduction of emissions of greenhouse gases, the alleviation of fuel poverty, the promotion of microgeneration and the use of heat produced from renewable sources, the renewables obligation relating to the generation and supply of electricity and the adjustment of transmission charges for electricity; and for connected purposes.

    Bill, as amended in the Standing Committee, to be considered on Friday 10th March; and to be printed [Bill 133].

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

4    First Standing Committee on Delegated Legislation,—Mr Peter Atkinson reported from the First Standing Committee on Delegated Legislation the draft Representation of the People (England and Wales) (Amendment) Regulations 2006, the draft National Assembly for Wales (Representation of the People) (Amendment) Order 2006, and the draft Representation of the People (Scotland) (Amendment) Regulations 2006.

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

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

    That the Committee takes note of European Union Document No. 13413/05 and ADD 1, Draft Framework Decision on the exchange of information under the principle of availability; and supports the Government in welcoming the general application of the Principle of Availability to the exchange of information between law enforcement authorities, subject to detailed consideration of the adequacy of data protection and other safeguards and of the cost and technical feasibility of specific proposals.

    Resolution to lie upon the Table.

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

6    Education and Inspections Bill,—Secretary Ruth Kelly, supported by the Prime Minister, Mr Secretary Prescott, Mr Chancellor of the Exchequer, Mr Secretary Darling, Ms Secretary Hewitt, Secretary Tessa Jowell, Mr Secretary Clarke, Mr Secretary Hain, Mr David Miliband, Mr Secretary Hutton and Jacqui Smith, presented a Bill to make provision about primary, secondary and further education and about training; to make provision about food or drink provided on school premises or in connection with the provision of education or childcare; to provide for the establishment of an Office for Standards in Education, Children's Services and Skills and the appointment of Her Majesty's Chief Inspector of Education, Children's Services and Skills and make provision about the functions of that Office and that Chief Inspector; to provide for the amendment of references to local education authorities and children's services authorities; to amend section 29 of the Leasehold Reform Act 1967 in relation to university bodies; 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 134].

    Ordered, That the Explanatory Notes relating to the Education and Inspections Bill be printed [Bill 134-EN].

7    Trespass with a Vehicle (Offences),—Ordered, That leave be given to bring in a Bill to create an offence of criminal trespass with a vehicle; and for connected purposes: And that Mr James Paice, Mr Peter Ainsworth, David T. C. Davies, Mr Dominic Grieve, Gregory Barker, Mr Geoffrey Clifton-Brown, Mr Mark Prisk, Andrew Selous, Mr Andrew Turner and Bill Wiggin do prepare and bring it in.

8    Trespass with a Vehicle (Offences) Bill,—Mr James Paice accordingly presented a Bill to create an offence of criminal trespass with a vehicle; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 12th May and to be printed [Bill 135].

9    Government of Wales Bill [2nd allocated day],—The House, according to Order, proceeded further to consider the Government of Wales Bill, as amended in the Committee.

    Another Amendment (No. 11) proposed to the Bill, in page 27, line 32, to leave out the words 'Assembly Government' and insert the word 'Executive' instead thereof.—(David Mundell.)

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

    Another Amendment (No. 10) proposed to the Bill, in page 30, line 25, to leave out Clause No. 51.—(David Mundell.)

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

    Another Amendment (No. 63) proposed to the Bill, in page 35, line 27, to leave out Clause No. 60.—(Mrs Cheryl Gillan.)

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

    Another Amendment (No. 64) proposed to the Bill, in page 35, line 28, after the word 'anything', to insert the words 'within their powers'.—(Mrs Cheryl Gillan.)

    Question put, That the Amendment be made.

The House divided.

      Tellers for the Ayes, Mr David Evennett, Mr Henry Bellingham: 221.

      Tellers for the Noes, Mr Ian Cawsey, Tony Cunningham: 282.

    Amendment (No. 62) made to the Bill.

    Another Amendment (No. 4) proposed to the Bill, in page 50, line 7, to leave out Clauses Nos. 92 to 101.—(Mr Dominic Grieve.)

    Question put, That the Amendment be made.

The House divided.

      Tellers for the Ayes, Angela Watkinson, Mr David Evennett: 133.

      Tellers for the Noes, Mr Alan Campbell, Tony Cunningham: 337.

    Another Amendment (No. 34) made to the Bill.

    Another Amendment (No. 60) proposed to the Bill, in page 51, line 38, to leave out subsections (7) and (8) and insert—

    '(7) The Secretary of State must, before the end of the period of 30 days beginning immediately after the day on which notice of the Assembly's resolution is received, submit the draft to the Clerk.

    (8) It is for the Clerk to submit draft Orders in Council for approval by Her Majesty in Council.' instead thereof.—(Jenny Willott.)

    Question put, That the Amendment be made.

The House divided.

      Tellers for the Ayes, Mr Adrian Sanders, Lorely Burt: 99.

      Tellers for the Noes, Mr Alan Campbell, Mr John Heppell: 275.

Other Amendments (Nos. 35 to 40, 67 and 41 to 55) made to the Bill.

    A Clause (NC2) (Referendum not to be held more than ten years after passing of Act)—(David Mundell)—brought up and read the first time.

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

The House divided.

      Tellers for the Ayes, Angela Watkinson, Michael Fabricant: 136.

      Tellers for the Noes, Mr Alan Campbell, Mr Parmjit Dhanda: 324.

Another Clause (NC11) (Allocation of funds)—(Lembit Ípik)—brought up and read the first time.

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

The House divided.

      Tellers for the Ayes, Andrew Stunell, Lorely Burt: 44.

      Tellers for the Noes, Mr Frank Roy, Mr Parmjit Dhanda: 281.

    And it being after half-past Eight o'clock, the Deputy Speaker put the Question on a new Clause selected by the Deputy Speaker for separate decision, pursuant to Order [27th February].

    Another Clause (NC12) (Business scheme)—(Huw Irranca-Davies)—brought up, read the first time, and added to the Bill.

    A Motion was made, and the Question being put, That the Bill be now read the third time.

The House divided.

      Tellers for the Ayes, Mr Frank Roy, Mr Parmjit Dhanda:324.

      Tellers for the Noes, Mr David Evennett, Mr Henry Bellingham: 143.

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

10    Representation of the People,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Parliamentary Constituencies and Assembly Electoral Regions (Wales) Order 2006, which was laid before this House on 14th December, be approved—(Mr Ian Cawsey):—It was agreed to.

11    Value Added Tax,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 119 (European Standing Committees), That this House takes note of European Union Document No. 11439/05, draft Council directive amending Directive 77/388/EEC as regards the place of supply of services; and welcomes the principle that tax is due in the country where the service is consumed and that there is a need to create a level playing field for businesses engaged in cross border transactions of services which are subject to VAT—(Mr Ian Cawsey):—It was agreed to.

12    Delegated Legislation,—Ordered, That the Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005 (S.I., 2005, No. 3459), dated 19th December 2005, the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) (Amendment) Regulations 2005 (S.I., 2005, No. 3460), dated 14th December 2005, the Cattle Compensation (England) Order 2006 (S.I., 2006, No. 168), dated 26th January and the Common Agricultural Policy Single Payment and Support Schemes (Reduction from Payments) (England) Regulations 2006 (S.I., 2006, No. 169), dated 26th January be referred to Standing Committees on Delegated Legislation.—(Mr Ian Cawsey.)

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

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

[Adjourned at 10.42 p.m.

Sir Alan Haselhurst

Deputy Speaker
The Deputy 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 Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2006 [by Act], with an Explanatory Memorandum [by Command] [Secretary Alan Johnson].

2    Serious Organised Crime Agency,—Draft Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Clarke].

Papers subject to Negative Resolution:

3    Health and Safety,—Management of Health and Safety at Work (Amendment) Regulations 2006 (S.I., 2006, No. 438), dated 23rd February 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hutton].

4    National Health Service,—Road Traffic (NHS Charges) Amendment Regulations 2006 (S.I., 2006, No. 401), dated 19th February 2006 [by Act] [Ms Secretary Hewitt].

Other Papers:

5    Agricultural Marketing,—Report of the British Wool Marketing Board Agricultural Marketing Schemes for 2002-03, 2003-04 and 2004-05 [by Act] [Secretary Margaret Beckett].

6    Audit (Northern Ireland),—Report by the Comptroller and Auditor General for Northern Ireland, entitled Into the West (Tyrone and Fermanagh) Ltd: Use of Agents [by Statutory Instrument]; to be printed [No. 877] [Mr Secretary Hain].

7    Education and Skills,—Government Response to the First Report from the Education and Skills Committee, Session 2005-06, on The Schools White Paper: Higher Standards, Better Schools For All [by Command] [Cm. 6747] [Secretary Ruth Kelly].

8    Northern Ireland,—Report of the Northern Ireland Transport Holding Company for 2004-05 [by Statutory Instrument] [Mr Secretary Hain].

9    Pensions,—Explanatory Memorandum to the draft Code of Practice No. 3 by the Pensions Regulator on Funding defined benefits, and the Occupational Pension Schemes (Scheme Funding) Regulations 2005 (S.I., 2005, No. 3377) [by Command] [Mr Secretary Hutton].

10    Terrorism,—Draft Code of Practice for the detention, treatment and questioning of detained persons and for the identification of persons by police officers under the Terrorism Act 2000 [by Act] [Mr Secretary Hain].

11    Water Industry,—Security and Emergency Measures (Water Undertakers) Direction 2006 [by Act] [Secretary Margaret Beckett].

Papers withdrawn:

12    Pensions,—Explanatory Memorandum to the draft Code of Practice No. 3 by the Pensions Regulator on Funding defined benefits [laid 9th December], and the Occupational Pension Schemes (Scheme Funding) Regulations 2005 (S.I., 2005, No. 3377) [laid 12th December] [Mr Secretary Hutton].

APPENDIX II

Standing Committees

1    Draft Representation of the People (England and Wales) (Amendment) Regulations 2006, the draft National Assembly for Wales (Representation of the People) (Amendment) Order 2006, and the draft Representation of the People (Scotland) (Amendment) Regulations 2006,—The Committee of Selection has discharged Kevin Brennan, Mrs Ann Cryer, Mark Lazarowicz, John Smith and Hywel Williams from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations and the draft Order) and nominated in substitution Andrew Miller, Adam Price, Mr Dave Watts, Mr Anthony Wright (Great Yarmouth) and David Wright.

2    European Union Document No. 13413/05 and Addendum 1 relating to the Exchange of Information between Law Enforcement Authorities,—The Committee of Selection has discharged Mr Michael Clapham and Ms Gisela Stuart from the European Standing Committee (nominated in respect of the Document) and nominated in substitution Siobhain McDonagh and John Robertson.

APPENDIX III

Reports from Select Committees

1    Administration,—Record of the Administration Committee's discussions at its meeting on 28th February [Mr Frank Doran].

2    Constitutional Affairs,—(1) Fourth Report from the Constitutional Affairs Committee [Legal Services Commission: removal of Specialist Support Services]; 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. 919]; and

    (2) Minutes of Evidence taken before the Committee [Department for Constitutional Affairs: key policies and priorities]; to be printed [No. 566-ii]

    [Mr Alan Beith].

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

4    Defence,—(1) Second Special Report from the Defence Committee [Government Response to the Second Report of the Committee, Session 2005-06: Future Carrier and Joint Combat Aircraft Programmes]; to be printed [No. 926]; and

    (2) Minutes of Evidence taken before the Committee [Defence Industrial Strategy]; to be printed [No. 824-iii]

    [Mr James Arbuthnot].

5    Home Affairs,—(1) Second Report from the Home Affairs Committee [Draft Sentencing Guideline: Robbery]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 947]; and

    (2) part of the Minutes of Evidence taken before the Committee [Terrorism Detention Powers]; to be printed [No. 910-iii]

    [Mr John Denham].

6    Trade and Industry,—(1) Eleventh Special Report from the Trade and Industry Committee [Responses to the Second Report from the Committee, on Royal Mail after liberalisation]; to be printed [No. 960]; and

    (2) Minutes of Evidence taken before the Committee [Trade and Investment Opportunities with India]; to be printed [881-iii]

    [Peter Luff].

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

8    Welsh Affairs,—Minutes of Evidence taken before the Welsh Affairs Committee [Energy in Wales]; to be printed [No. 876-iii] [Dr Hywel Francis].

[W.H., No. 70]

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 Parmjit Dhanda.)

    And accordingly the sitting was adjourned till to-morrow.

[Adjourned at 1.59 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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