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Session 2005 - 06
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House of Commons Votes and Proceedings
Thursday 16th March 2006

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

1    The Speaker's Absence,—The House being met, and having been informed on Monday 13th March 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    Ninth Standing Committee on Delegated Legislation,—Mr Bill Olner reported from the Ninth Standing Committee on Delegated Legislation the Civil Proceedings Fees (Amendment) Order 2005 (S.I., 2005, No. 3445).

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

4    Tenth Standing Committee on Delegated Legislation,—Mr Martyn Jones reported from the Tenth Standing Committee on Delegated Legislation the draft Transport Act 2000 (Consequential Amendments) (Scotland) Order 2006.

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

5    Eleventh Standing Committee on Delegated Legislation,—Mrs Joan Humble reported from the Eleventh Standing Committee on Delegated Legislation the Companies Act 1985 (Operating and Financial Review) (Repeal) Regulations 2005 (S.I., 2005, No. 3442).

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

6    Liaison,—Sir George Young reported, pursuant to Standing Order No. 145 (Liaison Committee), That the Liaison Committee had directed him to report the following recommendation for the allocation of time for the consideration of Estimates on an allotted day (being the second allotted day in the present Session):

    That, pursuant to the Order of the House of 9th March, a day not later than 20th March be allotted for the consideration of the following Supplementary Estimates for the financial year 2005-06:

      Ministry of Defence, in so far as it relates to costs of peace-keeping in Iraq and Afghanistan.

      Department of Health, in so far as it relates to NHS financial deficits.

    Report to lie upon the Table.

7    Computer Misuse Bill,—The Order for reading the Computer Misuse Bill a second time to-morrow was read and discharged.

    Bill withdrawn.

8    Estimates,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 145 (Liaison Committee), That this House agrees with the Report [this day] of the Liaison Committee—(Mr Tom Watson):—It was agreed to.

9    Identity Cards Bill,—The House, according to Order, proceeded to consider the Lords Message [15th March].

    A Motion was made, and the Question being proposed, That this House insists on its disagreement with the Lords in their Amendments Nos. 16 and 22 but does not insist on its Amendment No. 22C and proposes the following Amendments in lieu:—

    Page 7, line 38, after 'accompanies' insert 'or includes'.

    Page 7, line 43, leave out from 'manner' to the end and insert 'ensure that an application to be issued with such a card accompanies or is included'.—(Mr Secretary Clarke.)

    And it being One hour after the commencement of proceedings on the Lords Message, the Deputy Speaker put the Question already proposed from the Chair, pursuant to Order [13th February].

The House divided.

      Tellers for the Ayes, Mr John Heppell, Mr Dave Watts: 292.

      Tellers for the Noes, Andrew Selous, Mr Tobias Ellwood: 241.

So the Question was agreed to.

10    Terrorism Bill,— The House, according to Order, proceeded to consider the Lords Message [1st March].

    A Motion was made, and the Question being proposed, That this House insists on its disagreement with the Lords in their Amendments Nos. 5, 11, 31 and 34 and insists on its Amendment No. 34B but does not insist on its disagreement with the Lords in their Amendment No. 28 and proposes the following Amendment in lieu:—

    Page 6, line 24, at end insert—

      '(8A) The reference in subsection (8) to something that is likely to be understood as an indirect encouragement to the commission or preparation of acts of terrorism or Convention offences includes anything which is likely to be understood as—

    (a) the glorification of the commission or preparation (whether in the past, in the future or generally) of such acts or such offences; and

    (b) a suggestion that what is being glorified is being glorified as conduct that should be emulated in existing circumstances.'.—(Mr Secretary Clarke.)

    An Amendment was proposed to the Question, in line 4, to leave out from the word 'following' to the end of the Question, and insert the words—

    'Amendments in lieu:—

    Page 2, line 1, leave out subsection (4) and insert—

    "( ) for the purposes of this section, "indirect encouragement" comprises the making of a statement referring to terrorism in such a way that the listener, reader or viewer would infer that he should emulate it.".

    Page 6, line 24, at end insert—

    "(8A)  The reference in subsection (8) to something that is capable of being understood as an indirect encouragement to the commission or preparation of acts of terrorism or Convention offences comprises the making of a statement referring to terrorism in such a way that the listener, reader or viewer would infer that he should emulate it.".', instead thereof.—(Mr Dominic Grieve.)

    And the Question being proposed, That the Amendment be made.

    And it being One hour after the commencement of proceedings on the Lords Message, the Deputy Speaker put the Questions necessary to bring proceedings to a conclusion, pursuant to Order [15th February].

    And the Question being put, That the Amendment be made.

The House divided.

      Tellers for the Ayes, Andrew Selous, Mr Roger Williams: 230.

      Tellers for the Noes, Mr Vernon Coaker, Tony Cunningham: 298.

So the Question was negatived.

    And the Main Question being put.

The House divided.

      Tellers for the Ayes, Mr Vernon Coaker, Claire Ward: 296.

      Tellers for the Noes, Mr Roger Williams, Mr Tobias Ellwood: 237.

So the Question was agreed to.

11    Immigration, Asylum and Nationality Bill,—The Order of the day being read, for the consideration of the Lords Amendments to the Immigration, Asylum and Nationality Bill.

    Ordered, That the Lords Amendments be considered to-morrow.

12    Adjournment,—Resolved, That this House do now adjourn.—(Claire Ward.)

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

[Adjourned at 5.13 p.m.

Sir Alan Haselhurst

Deputy Speaker
The Deputy Speaker will take the Chair at half-past Nine o'clock.

APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Negative Resolution:

1    Dogs,—(1) Controls on Dogs (Non-application to Designated Land) Order 2006 (S.I., 2006, No. 779); and

    (2) Dog Control Orders (Procedures) Regulations 2006 (S.I., 2006, No. 798),

    dated 10th March 2006 [by Act], with Explanatory Memoranda thereon [by Command] [Secretary Margaret Beckett].

2    Education,—Teacher's Pensions (Miscellaneous Amendments) Regulations 2006 (S.I., 2006, No. 736), dated 13th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Secretary Ruth Kelly].

3    Environmental Protection,—(1) Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2006 (S.I., 2006, No. 783), dated 10th March 2006;

    (2) Environmental Protection (Waste Recycling Payments) Regulations 2006 (S.I., 2006, No. 743), dated 12th March 2006;

    (3) Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2006 (S.I., 2006, No. 737), dated 12th March 2006;

    (4) Statutory Nuisance (Appeals) (Amendment) (England) Regulations 2006 (S.I., 2006, No. 771), dated 10th March 2006;

    (5) Statutory Nuisances (Artificial Lighting) (Designation of Relevant Sports) (England) Order 2006 (S.I., 2006, No. 781), dated 10th March 2006; and

    (6) Statutory Nuisances (Insects) Regulations 2006 (S.I., 2006, No. 770), dated 10th March 2006

    [by Act], with Explanatory Memoranda thereon [by Command] [Secretary Margaret Beckett].

4    European Communities,—Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2006 (S.I., 2006, No. 657), dated 8th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hutton].

5    Family Proceedings,—Family Proceedings Fees (Amendment) Order 2006 (S.I., 2006, No. 739), dated 7th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Ms Harriet Harman].

6    Food,—(1) Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations 2006 (S.I., 2006, No. 755), dated 10th March 2006; and

    (2) Charges for Inspections and Controls (Amendment) Regulations 2006 (S.I., 2006, No. 756), dated 12th March 2006

    [by Act], with Explanatory Memoranda thereon [by Command] [Secretary Margaret Beckett].

7    Gender Recognition,—Gender Recognition (Application Fees) Order 2006 (S.I., 2006, No. 758), dated 9th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Ms Harriet Harman].

8    Housing,—(1) Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2006 (S.I., 2006, No. 647); and

    (2) Housing (Approval of Codes of Management Practice) (Student Accommodation) (England) Order 2006 (S.I., 2006, No. 646),

    dated 9th March 2006 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Prescott].

9    Income Tax,—Income Tax (Pay As You Earn, etc.) (Amendment) Regulations 2006 (S.I., 2006, No. 777), dated 15th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Dawn Primarolo].

10    Legal Aid and Advice,—(1) Legal Advice and Assistance (Amendment) Regulations (Northern Ireland) 2006 (S.R. (N.I.), 2006, No. 118);

    (2) Legal Advice and Assistance (Financial Conditions) Regulations (Northern Ireland) 2006 (S.R. (N.I.), 2006, No. 117); and

    (3) Legal Aid (Financial Conditions) Regulations (Northern Ireland) 2006 (S.R. (N.I.), 2006, No. 119),

    dated 1st March 2006 [by Statutory Instrument], with Explanatory Memoranda thereon [by Command] [Bridget Prentice].

11    Legal Services Commission,—Community Legal Service (Financial) (Amendment) Regulations 2006 (S.I., 2006, No. 713), dated 9th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Bridget Prentice].

12    Magistrates' Courts,—Magistrates' Courts Fees (Amendment) Order 2006 (S.I., 2006, No. 715), dated 9th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Ms Harriet Harman].

13    Pensions,—(1) Judicial Pensions (Additional Voluntary Contributions) (Amendment) Regulations 2006 (S.I., 2006, No. 747), dated 13th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Ms Harriet Harman];

    (2) Judicial Pensions (Additional Voluntary Contributions) (Amendment) Regulations (Northern Ireland) 2006 (S.R. (N.I.), 2006, No. 126), dated 6th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Ms Harriet Harman];

    (3) Judicial Pensions (Contributions) (Amendment) Regulations 2006 (S.I., 2006, No. 749), dated 13th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Ms Harriet Harman];

    (4) Judicial Pensions (Northern Ireland) (Widows' and Children's Benefits) (Amendment) Regulations 2006 (S.R. (N.I.), 2006, No. 125), dated 1st March 2006 [by Act], with an Explanatory Memorandum [by Command] [Ms Harriet Harman];

    (5) Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2006 (S.I., 2006, No. 778), dated 14th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hutton];

    (6) Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006 (S.I., 2006, No. 714), dated 13th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hutton];

    (7) Occupational Pension Schemes (Modification of Schemes) Regulations 2006 (S.I., 2006, No. 759), dated 14th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hutton];

    (8) Occupational Pension Schemes (Payments to Employer) Regulations 2006 (S.I., 2006, No. 802), dated 16th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hutton];

    (9) Occupational Pension Schemes (Trustees' Knowledge and Understanding) Regulations 2006 (S.I., 2006, No. 686), dated 9th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hutton]; and

    (10) Pension Protection Fund (Reviewable Matters and Review and Reconsideration of Reviewable Matters) (Amendment) Regulations 2006 (S.I., 2006, No. 685), dated 9th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hutton].

14    Petroleum,—Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) (Amendment) Regulations 2006 (S.I., 2006, No. 784), dated 15th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Secretary Alan Johnson].

15    Police,—(1) Police Act 1997 (Criminal Records) (Amendment) Regulations 2006 (S.I., 2006, No. 748); and

    (2) Police Act 1997 (Criminal Records) (Registration) Regulations 2006 (S.I., 2006, No. 750),

    dated 14th March 2006 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Clarke].

16    Social Security,—(1) Social Security Benefits Up-rating Regulations 2006 (S.I., 2006, No. 712); and

    (2) Social Security (Provisions relating to Qualifying Young Persons) (Amendment) Regulations 2006 (S.I., 2006, No. 692),

    dated 9th March 2006 [by Act], with Explanatory Memoranda thereon [by Command] [Mr Secretary Hutton].

17    Stamp Duty Land Tax,—Stamp Duty Land Tax (Administration) (Amendment) Regulations 2006 (S.I., 2006, No. 776), dated 15th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Ivan Lewis].

18    Supreme Court of England and Wales,—Civil Proceedings Fees (Amendment) Order 2006 (S.I., 2006, No. 719), dated 9th March 2006 [by Act], with an Explanatory Memorandum [by Command] [Ms Harriet Harman].

Other Papers:

19    Northern Ireland,—Final Report by the Equality Commission for Northern Ireland on the investigation into the Children's Law Centre and Northern Ireland Office [by Act]; to be printed [No. 959] [Mr Secretary Hain].

20    Trade and Industry,—Department of Trade and Industry Minute, dated 16th March 2006, concerning the Medical Research Council—transfer of MRCgeneservice assets to Geneservice [by Command] [Secretary Alan Johnson].

APPENDIX II

Standing Committees

1    Road Safety Bill [Lords] (Programming Sub-Committee),—The Deputy Speaker has appointed Mr Henry Bellingham, Mr Alistair Carmichael, Mr Tom Harris, Dr Stephen Ladyman, Mr Owen Paterson, Mr Frank Roy, Mr Andrew Slaughter members of the Programming Sub-Committee of Standing Committee A in respect of the Bill.

2    Road Safety Bill [Lords],—The Deputy Speaker has appointed Sir Nicholas Winterton and Janet Anderson Chairmen of Standing Committee A in respect of the Bill.

3    Draft Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006,—The Deputy Speaker has appointed John Bercow Chairman of the First Standing Committee on Delegated Legislation in respect of the draft Order.

4    Draft Grants to the Churches Conservation Trust Order,—The Deputy Speaker has appointed Miss Anne Begg Chairman of the Second Standing Committee on Delegated Legislation in respect of the draft Order.

5    Draft Tax Credits Up-rating Regulations 2006,—The Deputy Speaker has appointed Mr Eric Illsley Chairman of the Third Standing Committee on Delegated Legislation in respect of the draft Regulations.

6    Draft Cross-Border Insolvency Regulations 2006,—The Deputy Speaker has appointed Mr David Marshall Chairman of the Fourth Standing Committee on Delegated Legislation in respect of the draft Regulations.

7    Cattle Compensation (England) Order 2006 (S.I., 2006, No. 168),—The Deputy Speaker has appointed Mrs Joan Humble Chairman of the Fifth Standing Committee on Delegated Legislation in respect of the Order.

8    Draft Railway Safety Levy Regulations 2006,—The Deputy Speaker has appointed Mrs Janet Dean Chairman of the Sixth Standing Committee on Delegated Legislation in respect of the draft Regulations.

9    Draft Northern Ireland Act 2000 (Modification) Order 2006,—The Deputy Speaker has appointed Mr David Amess Chairman of the Seventh Standing Committee on Delegated Legislation in respect of the draft Order.

10    Draft Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No. 2) Order 2006,—The Deputy Speaker has appointed Hywel Williams Chairman of the Eighth Standing Committee on Delegated Legislation in respect of the draft Order.

11    Civil Proceedings Fees (Amendment) Order 2005 (S.I., 2005, No. 3445),—The Committee of Selection has discharged Paul Farrelly and Alan Keen from the Ninth Standing Committee on Delegated Legislation (nominated in respect of the Order) and nominated in substitution Mr Tom Harris and Lynda Waltho.

12    Draft Social Security (Reduced Rates of Class 1 Contributions, Rebates and Minimum Contributions) Order 2006,—The Deputy Speaker has appointed Hugh Bayley Chairman of the Ninth Standing Committee on Delegated Legislation in respect of the draft Order.

13    Draft Transport Act 2000 (Consequential Amendments) (Scotland) Order 2006,—The Committee of Selection has discharged Mr David Drew and Mr Brian H. Donohoe from the Tenth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Mary Creagh and Edward Miliband.

14    Draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2006,—The Deputy Speaker has appointed Ann Winterton Chairman of the Tenth Standing Committee on Delegated Legislation in respect of the draft Order.

15    Companies Act 1985 (Operating and Financial Review) (Repeal) Regulations 2005 (S.I., 2005, No. 3442),—The Committee of Selection has discharged Shona McIsaac and Mr Alan Milburn from the Eleventh Standing Committee on Delegated Legislation (nominated in respect of the Regulations) and nominated in substitution Mr Sin Simon and Mr Mark Todd.

16    Draft Management of Offenders etc. (Scotland) Act 2005 (Consequential Modifications) Order 2006, draft Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006 and draft Water Environment and Water Services (Scotland) Act 2003 (Consequential Provisions and Modifications) Order 2006,—The Deputy Speaker has appointed Mr Martyn Jones Chairman of the Eleventh Standing Committee on Delegated Legislation in respect of the draft Orders.

    European Standing Committees

17    The Deputy Speaker has appointed Sir John Butterfill Chairman of the European Standing Committee in respect of European Union Document No. 15345/05 and Addendum 1 on Financial Services Policy.

APPENDIX III

Reports from Select Committees

1    Crossrail Bill,—Minutes of Evidence taken before the Select Committee on the Crossrail Bill; to be printed [No. 837-xviii] [Mr Alan Meale].

2    Health,—Minutes of Evidence taken before the Health Committee [Independent Sector Treatment Centres]; to be printed [No. 934-ii] [Mr Kevin Barron].

3    Public Administration,—(1) Minutes of Evidence taken before the Select Committee on Public Administration, together with Appendices [Ethics and Standards]; to be printed [No. 884-iii]; and

    (2) Minutes of Evidence taken before the Committee, together with Appendices [Publication of Political Memoirs]; to be printed [No. 689-iv]

    [Dr Tony Wright].

[W.H., No. 78]

Minutes of Proceedings of the Sitting in Westminster Hall

The sitting began at half-past Two o'clock.

Adjournment (Strategic Export Controls—First Joint Report from the Defence, Foreign Affairs, International Development and Trade and Industry Committees, Session 2004-05, and the Government's response thereto; and the Minutes of Evidence taken before the Defence, Foreign Affairs, International Development and Trade and Industry Committees on 31st January 2006),—Resolved, That the sitting be now adjourned.—(Kevin Brennan.)

    And accordingly the sitting was adjourned till Tuesday 21st March.

[Adjourned at 5.40 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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