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Session 2005 - 06
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House of Commons Votes and Proceedings
Tuesday 4th July 2006

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

1    Regulatory Reform,—Andrew Miller reported from the Regulatory Reform Committee the following Resolution:

    That the draft Regulatory Reform (Registered Designs) Order 2006, which was laid before this House on 19th June, should be approved.

    The Committee came to this Resolution without a Division.

2    Eighth Standing Committee on Delegated Legislation,—Derek Conway reported from the Eighth Standing Committee on Delegated Legislation the draft Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006.

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

3    Liaison,—Ordered, That the Minutes of Proceedings of the Liaison Committee in this session of Parliament, together with the Minutes of Proceedings of any sub-committee which it may appoint, be laid upon the Table from time to time.

4    Regulation of Mortgage Repossessions Bill,—The Order for reading the Regulation of Mortgage Repossessions Bill a second time on Friday 14th July was read and discharged.

    Bill to be read a second time on Friday 20th October.

5    New Member sworn,—David Clifford Davies, Esquire, Member for Blaenau Gwent, was sworn.

6    Welfare Reform Bill,—Mr Secretary Hutton, supported by the Prime Minister, Mr Secretary Prescott, Mr Chancellor of the Exchequer, Mr Secretary Alexander, Ms Secretary Hewitt, Mr Secretary Hain, Mr Secretary Darling, Mr Jack Straw, Ms Harriet Harman, Mr Jim Murphy and Mrs Anne McGuire, presented a Bill to make provision about social security; to amend the Vaccine Damage Payments Act 1979; 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 208].

    Ordered, That the Explanatory Notes relating to the Welfare Reform Bill be printed [Bill 208-EN].

7    Caravan Sites (Security of Tenure),—Ordered, That leave be given to bring in a Bill to make provision for security of tenure for gypsies and travellers on local authority caravan sites; and for connected purposes: And that Julie Morgan, Mr David Amess, Ms Karen Buck, Mr Martin Caton, Harry Cohen, Jeremy Corbyn, Mr David Drew, Nick Harvey, Kelvin Hopkins, Bob Russell, Mr Andrew Slaughter and Mrs Betty Williams do prepare and bring it in.

8    Caravan Sites (Security of Tenure) Bill,—Julie Morgan accordingly presented a Bill to make provision for security of tenure for gypsies and travellers on local authority caravan sites; and for connected purposes: 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 206].

9    Consolidated Fund (Appropriation) (No. 3) Bill,—The Order of the day being read, for the Second Reading of the Consolidated Fund (Appropriation) (No. 3) Bill;

    And a Motion being made, and the Question being put forthwith pursuant to Standing Order No. 56 (Consolidated Fund Bills), That the Bill be now read a second time:—It was agreed to.

    The Bill was accordingly read a second time.

    And the Question being put forthwith, That the Bill be now read the third time:—It was agreed to.

    The Bill was accordingly read the third time, and passed.

10    Finance (No. 2) Bill [Ways and Means],—Resolved, That provision may be made in the Finance (No. 2) Bill for the purposes of income tax and corporation tax in relation to—

      (a) arrangements for the sale and repurchase of securities, and

      (b) other arrangements that equate, in substance, to transactions for the lending of money.—(Ed Balls.)

11    Finance (No. 2) Bill,—The House, according to Order, proceeded to consider the Finance (No. 2) Bill, not amended in the Committee and as amended in the Standing Committee.

    Ordered, That the Finance (No.2) Bill, as amended, be considered in the following order, namely, new Clauses relating to Part 6, new Schedules relating to Part 6, amendments relating to Clauses Nos. 155 and 156, Schedule No. 20, Clause No. 157, remaining new Clauses, remaining new Schedules, amendments relating to Clauses Nos. 1 to 27, Schedule No. 1, Clause No. 28, Schedule No. 2, Clause No. 29, Schedule No. 3, Clauses Nos. 30 to 37, Schedule No. 4, Clauses Nos. 38 to 42, Schedule No. 5, Clauses Nos. 43 to 76, Schedule No. 6, Clauses Nos. 77 to 79, Schedule No. 7, Clauses Nos. 80 and 81, Schedules Nos. 8 and 9, Clause No. 82, Schedule No. 10, Clauses Nos. 83 to 86, Schedule No. 11, Clauses Nos. 87 and 88, Schedule No. 12, Clause No. 89, Schedule No. 13, Clauses Nos. 90 and 91, Schedule No. 14, Clauses Nos. 92 to 102, Schedule No. 15, Clauses Nos. 103 and 104, Schedule No. 16, Clauses Nos. 105 to 134, Schedule No. 17, Clauses Nos. 135 to 146, Schedule No. 18, Clauses Nos. 147 to 154, Schedule No. 19, Clause No. 158, Schedule No. 21, Clauses Nos. 159 and 160, Schedule No. 22, Clause No. 161, Schedule No. 23, Clauses Nos. 162 and 163, Schedule No. 24, Clause No. 164, Schedule No. 25, Clauses Nos. 165 to 178, Schedule No. 26, and Clauses Nos. 179 and 180.—(Dawn Primarolo.)

    A Clause (NC2) (Trusts relating to divorce, life protection policies and disabled persons)—(Mrs Theresa Villiers)—brought up and read the first time.

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

      Tellers for the Ayes, Mr David Evennett, Mr Henry Bellingham: 223.

      Tellers for the Noes, Mr Dave Watts, Kevin Brennan: 277.

    Amendments (Nos. 70 to 77) made to the Bill.

    Another Amendment (No. 5) proposed to the Bill, in page 388, line 18, at the beginning to insert the words—

    '6 (1) In section 89 (trusts for disabled persons)—

      (a) in subsection (4)(a) at end insert—

          "(aa) a person who lacked capacity within the meaning of section 272 below, or";

      (b) in subsection (4)(c), leave out "or middle" and insert "middle or lower"; and

      (c) after subsection (4)(c) at end insert—

          "(d) a person who satisfies the Commissioners for Her Majesty's Revenue and Customs that he had a condition that it was at that time reasonable to expect would have such effects on him as to lead to him becoming a person—

            (i) falling within subsection (4)(a) or (aa) above, or

            (ii) in receipt of an attendance allowance mentioned in subsection (4)(b) above, or

            (iii) in receipt of a disability living allowance mentioned in subsection (4)(c) above.".'.—(Mrs Theresa Villiers.)

      Question put, That the Amendment be made.
The House divided.

      Tellers for the Ayes, Mr David Evennett, Mr Henry Bellingham: 215.

      Tellers for the Noes, Mr Alan Campbell, Tony Cunningham: 276.

    Other Amendments (Nos. 78 to 96) made to the Bill.

    Another Clause (NC3) (Amendments to Finance Act 2004: Retirement Income Fund)—(Mr Mark Hoban)—brought up and read the first time.

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

      Tellers for the Ayes, Mr Henry Bellingham, Michael Fabricant: 207.

      Tellers for the Noes, Mr Alan Campbell, Tony Cunningham: 289.

    Another Clause (NC4) (Fuel duty (remote areas))—(Danny Alexander)—brought up and read the first time.

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

      Tellers for the Ayes, Mr Alan Reid, Sir Robert Smith: 60.

      Tellers for the Noes, Mr Ian Cawsey, Jonathan Shaw: 297.

    Another Clause (NC9) (Energy efficiency and water conservation: fiscal and economic report)—(Alan Simpson)—brought up and read the first time.

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

      Tellers for the Ayes, Jeremy Corbyn, Mr Philip Hollobone: 214.

      Tellers for the Noes, Mr Ian Cawsey, Jonathan Shaw: 279.

    Ordered,—That further consideration be now adjourned.—(Mr John Heppell.)

    Bill to be further considered to-morrow.

12    International Immunities and Privileges,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft European Organization for Nuclear Research (Privileges and Immunities) Order 2006, which was laid before this House on 25th May, be approved—(Mr Alan Campbell):—It was agreed to.

13    Constitutional Law,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Scotland Act 1998 (River Tweed) Order 2006, which was laid before this House on 25th May, be approved—(Mr Alan Campbell):—It was agreed to.

14    Investigatory Powers,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2006, which was laid before this House on 5th June, be approved—(Mr Alan Campbell):—It was agreed to.

15    Investigatory Powers,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Regulation of Investigatory Powers (Communications Data) (Additional Functions and Amendment) Order 2006, which was laid before this House on 5th June, be approved—(Mr Alan Campbell):—It was agreed to.

16    Northern Ireland,—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Education (Northern Ireland) Order 2006, which was laid before this House on 12th June, be approved—(Mr Alan Campbell);

    And the Deputy Speaker's opinion as to the decision of the Question being challenged, the Division was deferred till to-morrow, pursuant to Standing Order No. 41A (Deferred divisions).

17    Adjournment (Summer),—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 25th July, do adjourn till Monday 9th October 2006—(Mr Alan Campbell);

    And the Deputy Speaker's opinion as to the decision of the Question being challenged, the Division was deferred till to-morrow, pursuant to Standing Order No. 41A (Deferred divisions).

18    Business of the House,—Ordered, That, on Tuesday 25th July—

    (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.)

19    Delegated Legislation,—Ordered, That the Strategic Health Authorities (Establishment and Abolition) (England) Amendment Order 2006 (S.I., 2006, No. 1448), and the Home Information Pack Regulations 2006 (S.I., 2006, No. 1503), be referred to Standing Committees on Delegated Legislation.—(Mr Alan Campbell.)

20    Conventions,—Resolved, That the Lords Message of 20th June relating to the Joint Committee on Conventions be now considered.

    That this House concurs with the Lords that, notwithstanding the Resolution of this House of 17th May, it be an instruction to the Joint Committee on Conventions that it should report by the end of this session of Parliament.—(Mr Alan Campbell.)

    Message to the Lords to acquaint them therewith.

21    Adjournment,—Resolved, That this House do now adjourn.—(Mr Alan Campbell.)

    And accordingly, the House, having continued to sit till twenty-six minutes past Eleven o'clock, adjourned till to-morrow.
[Adjourned at 11.26 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:

Paper subject to Affirmative Resolution:

1    Northern Ireland,—Draft Smoking (Northern Ireland) Order 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hain]

Papers subject to Negative Resolution:

2    Coroners,—Suffolk (Coroners' Districts) Order 2006 (S.I., 2006, No. 1747), dated 30th June 2006 [by Act], with an Explanatory Memorandum [by Command] [Ms Harriet Harman].

3    Proceeds of Crime,—Proceeds of Crime Act 2002 (Recovery of Cash in Summary Proceedings: Minimum Amount) Order 2006 (S.I., 2006, No. 1699), dated 28th June 2006 [by Act], with an Explanatory Memorandum [by Command] [Secretary John Reid].

4    Revenue and Customs,—Revenue and Customs (Complaints and Misconduct) (Amendment) Regulations 2006 (S.I., 2006, No. 1748), dated 3rd July 2006 [by Act], with an Explanatory Memorandum [by Command] [Dawn Primarolo].

5    Value Added Tax,—Value Added Tax (Lifeboats) Order 2006 (S.I., 2006, No. 1750), dated 3rd July 2006 [by Act], with an Explanatory Memorandum [by Command] [Dawn Primarolo].

Other Papers:

6    Education,—Report and Accounts of the Qualifications and Curriculum Authority for 2005-06, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1195] [Secretary Alan Johnson].

7    Northern Ireland,—Reports and Accounts for 2005-06 of—

    (1) Environment and Heritage Service;

    (2) Laganside Corporation; and

    (3) Northern Ireland Health and Social Services Estates Agency,

    with the Reports of the Comptroller and Auditor General for Northern Ireland thereon [by Statutory Instrument]; to be printed [Nos. 1171, 1275 and 1198] [Mr Secretary Hain].

8    Public Petitions,—Observations by the Secretary of State for Education and Skills on the Petition [23rd May] from students of the University of Oxford against rising accommodation costs [by Standing Order]; to be printed [Clerk of the House].

9    Social Security,—Secretary of State's report on the standards of decision making in Jobcentre Plus, The Pension Service, Disability and Carers Service and the Child Support Agency in 2002 and 2003, with a Report by the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1090] [Mr Secretary Hutton].

10    Terrorism,—Report of the Independent Assessor of Military Complaints Procedures in Northern Ireland for 2005, with a Review of Military use of Impact Rounds (Attenuating Energy Projectiles) in Northern Ireland during September 2005 [by Act] [Mr Secretary Hain].

APPENDIX II

Standing Committees

1    Company Law Reform Bill [Lords] (Programming Sub-Committee),—The Speaker has appointed Dr Nick Palmer in place of Jeff Ennis as a member of the Programming Sub-Committee of Standing Committee D in respect of the Bill.

2    Draft Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006,—The Committee of Selection has discharged Mr Mark Fisher and Mr Peter Kilfoyle from the Eighth Standing Committee on Delegated Legislation (nominated in respect of the draft Order) and nominated in substitution Martin Salter and Mr Robert N. Wareing.

APPENDIX III

Reports from Select Committees

1    Administration,—Record of the discussions of the Parliamentary Visitor Centre Sub-Committee of the Administration Committee at its meeting on 4th July (meeting held concurrently with the House of Lords Information Committee) [Mr Frank Doran].

2    Communities and Local Government,—Minutes of Evidence taken before the Communities and Local Government Committee [Coastal Towns]; to be printed [No. 1023-ii] [Dr Phyllis Starkey].

3    Constitutional Affairs,—(1) Minutes of Evidence taken before the Constitutional Affairs Committee [Department for Constitutional Affairs: key policies and priorities]; to be printed [No. 566-iii]; and

    (2) Minutes of Evidence taken before the Committee [Party funding]; to be printed [No. 1060-iii]

    [Mr Alan Beith].

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

5    Environment, Food and Rural Affairs,—Minutes of Evidence taken before the Environment, Food and Rural Affairs Committee [The UK Government's "Vision for the Common Agricultural Policy"], together with Memoranda laid before the Committee; to be printed [No. 1250-ii] [Mr Michael Jack].

6    International Development,—(1) Third Special Report from the International Development Committee [The WTO Hong Kong Ministerial and the Doha Development Agenda: Government Response to the Committee's Third Report of Session 2005-06]; to be printed [No. 1425]; and

    (2) Minutes of Evidence taken before the Committee [Conflict and development: peacebuilding and post-conflict reconstruction], together with Appendices; to be printed [No. 923-vii]

    [Malcolm Bruce].

7    Liaison,—Minutes of Evidence taken before the Liaison Committee [The Prime Minister]; to be printed [No. 709-iii] [Mr Alan Williams].

8    Regulatory Reform,—Seventh Report from the Regulatory Reform Committee [Draft Regulatory Reform (Registered Designs) Order 2006]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 1439] [Andrew Miller].

9    Scottish Affairs,—Minutes of Evidence taken before the Scottish Affairs Committee [Scotland Office Annual Report 2006]; to be printed [No. 1440-i] [Mr Mohammad Sarwar].

10    Trade and Industry,—(1) Fourth Report from the Trade and Industry Committee [New nuclear? Examining the issues]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 1122]; and

    (2) Memoranda laid before the Committee [Written evidence relating to the Government's Energy Review]; to be printed [No. 1443]

    [Peter Luff].

11    Welsh Affairs,—(1) Fourth Special Report from the Welsh Affairs Committee [Proposed Restructuring of the Police Force in Wales: Government Response to the Committee's Second Report of Session 2005-06]; to be printed [No. 1431]; and

    (2) Minutes of Evidence taken before the Committee [Current Restructuring of the Police Forces in Wales]; to be printed [No. 1418-i]

    [Dr Hywel Francis].

[W.H., No. 115]

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 John Heppell.)

    And accordingly the sitting was adjourned till to-morrow.
[Adjourned at 1.59 p.m.

Sir Alan Haselhurst

Deputy Speaker

THE SPEAKER'S CERTIFICATE The Speaker certified that the Consolidated Fund (Appropriation) (No. 3) Bill is a Money Bill within the meaning of the Parliament Act 1911.

CORRIGENDUM

In the Votes and Proceedings for Monday 3rd July, in item 4, Wireless Telegraphy Bill [Lords], the following words should be omitted—

    Ordered, That the Explanatory Notes relating to the Wireless Telegraphy Bill [Lords] be printed [Bill 207-EN].



 
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