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House of Commons
Session 1997-98
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House of Commons Votes and Proceedings
Tuesday 19th May 1998

The House met at half-past Two o'clock.
PRAYERS.
1Concessionary Travel Schemes (Scotland),--Ordered, That leave be given to bring in a Bill to require Scottish local authorities to make reciprocal arrangements for the operation of bus and rail concessionary travel schemes for visually impaired and blind people within their areas; and for connected purposes: And that Mr Alasdair Morgan, Mrs Margaret Ewing, Mr Donald Gorrie, Mr Peter Bottomley, Mr Dafydd Wigley, Mr John McAllion, Mr John Swinney and Mr Michael Moore do prepare and bring it in.
2Concessionary Travel Schemes (Scotland) Bill,--Mr Alasdair Morgan accordingly presented a Bill to require Scottish local authorities to make reciprocal arrangements for the operation of bus and rail concessionary travel schemes for visually impaired and blind people within their areas; and for connected purposes:
 
        And the same was read the first time; and ordered to be read a second time on Friday 3rd July and to be printed [Bill 191].
3Scotland Bill (Consideration and Third Reading) [3rd allotted day],--The House, according to Order, proceeded further to consider the Scotland Bill, as amended in the Committee.
 
        Another Amendment (No. 7) proposed to the Bill, in page 16, line 35, to leave out from the beginning to the end of line 7 on page 17 and insert:--
 
          '.--(1) Each Bill considered by the Parliament shall comprise the following stages--
 
          (a) a general debate and vote on the principles of the Bill;
 
          (b) a committee stage for members of the Parliament to consider and vote on the detail of the bill and for interested bodies to make representations to the Parliament;
 
          (c) a further stage for interested bodies to make representations to the Parliament;
 
          (d) a report stage to consider any amendments subsequent to the committee stage in subsection (1)(b) and the further stage for representations in subsection (1)(c);
 
          (e) a final debate and vote on the Bill at which the Parliament can either pass or reject it.
 
        (2) A period of not less than three calendar months shall separate the stages of the Bill mentioned in subsections (1)(b) and (1)(d) unless otherwise provided for by a resolution supported by the votes of not less than two-thirds of the total number of seats for members of the Parliament.', instead thereof.--(Mr Michael Ancram.)
 
        Question put, That the Amendment be made.
 
        The House divided.
 
          Tellers for the Ayes, Sir David Madel, Mr Oliver Heald: 116.
 
          Tellers for the Noes, Mr David Clelland, Mr Kevin Hughes: 303.
 
        Other Amendments (Nos. 46 and 133 to 146) made to the Bill.
 
        Another Amendment (No. 147) proposed to the Bill, in page 26 to leave out lines 31 to 32 and insert--'( ) The Fund shall be held with the Paymaster General.' instead thereof.--(Mr Henry McLeish.)
 
        And one and a quarter hours having elapsed since the start of proceedings on consideration of the Bill this day, the Deputy Speaker, pursuant to Order [13th January] and Resolution [12th May], put the Question already proposed from the Chair.
 
        Amendment (No. 147) made to the Bill.
 
        The Deputy Speaker then put forthwith the remaining Amendments moved by a Minister to Clauses Nos. 46 to 75.
 
        Other Amendments (Nos. 272, 148, 273 to 279, 47 and 48) made to the Bill.
 
        Another Amendment (No. 22) proposed to the Bill, in page 35, line 24, at the beginning, to insert the words 'Subject to subsections (6) and (8) below.'--(Mr Laurence Robertson.)
 
        Question proposed, That the Amendment be made.
 
        And one and a half hours having elapsed, the Deputy Speaker put the Question already proposed from the Chair.
 
        Question put, That the Amendment (No. 22) be made.
 
        The House divided.
 
          Tellers for the Ayes, Sir David Madel, Mr Oliver Heald: 121.
 
          Tellers for the Noes, Mr Jon Owen Jones, Mr David Clelland: 308.
 
        The Deputy Speaker then put forthwith the remaining Amendments moved by a Minister to Clauses Nos. 76 to 85.
 
        Other Amendments (Nos. 151, 49 and 152 to 180) made to the Bill.
 
        Other Amendments (Nos. 181, 182 and 50 to 56) made to the Bill.
 
        Two and a quarter hours having elapsed, the Deputy Speaker put forthwith the remaining Amendments moved by a Minister to Clauses Nos. 96 to 109.
 
        Other Amendments (Nos. 183 to 186, 258 to 261, 187, 188, 262, 263, 189, 280, 190 to 203 and 281) made to the Bill.
 
        Another Amendment (No. 73) proposed to the Bill, in page 59, line 6, to leave out from the beginning to the end of line 7, and insert
 
        '1. The following aspects of the constitution are reserved matters, that is--
 
          (a) the Crown, including succession to the Crown and a regency,
 
          (b) the Union of the Kingdoms of Scotland and England,
 
          (c) the Parliament of the United Kingdom,
 
          (d) the continued existence of the High Court of Justiciary as a criminal court of first instance and of appeal,
 
          (e) the continued existence of the Court of Session as a civil court of first instance and of appeal,' instead thereof:--(Mr Henry McLeish.)
 
        Question proposed, That the Amendment be made.
 
        And three and a quarter hours having elapsed, the Deputy Speaker put the Question already proposed from the Chair.
 
        Amendment (No. 73) made to the Bill.
 
        Other Amendments (Nos. 231 and 232) made to the Bill.
 
        Another Amendment (No. 59) proposed to the Bill, in page 60, line 43, at the end, to insert the words ', provided that any power conferred on local authorities in relation to taxes on businesses shall be framed so as to be exercisable with the effect of either increasing or reducing the overall burden of local taxation in the area of a local authority.'.--(Dr Liam Fox.)
 
        Question, That the Amendment be made, put and negatived.
 
        Other Amendments (Nos. 282, 269 and 270) made to the Bill.
 
        Another Amendment (No. 267) proposed to the Bill, in page 68, line 27, to leave out from the beginning to the end of line 35.--(Ms Roseanna Cunningham.)
 
        Question put, That the Amendment be made.
 
        The House divided.
 
          Tellers for the Ayes, Mr Andrew Welsh, Mr Alasdair Morgan: 6.
 
          Tellers for the Noes, Jane Kennedy, Mr Clive Betts: 289.
 
        More than four and a quarter hours having elapsed, the Deputy Speaker put forthwith the remaining Amendments moved by a Minister to Schedule No. 5, remaining New Clauses and New Schedules, Clause No. 110, Schedules Nos. 7 and 8 and Clause No. 111 up to and including line 28 on page 50 of the Bill.
 
        Other Amendments (Nos. 233 and 234) made to the Bill.
 
        A Clause (Agreed re-distribution of transferred functions) brought up and added to the Bill.
 
        Other Amendments (Nos. 235 to 252, 57, 253 to 255, 204 to 207, 264, 209 to 211, 265, 266, 213 to 218, 220, 221, 268 and 271) made to the Bill.
 
        The Bill was read the third time, and passed.
4Northern 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 New Northern Ireland Assembly (Elections) Order 1998, which was laid before this House on 11th May, be approved--(Mr David Clelland):--It was agreed to.
5Teaching and Higher Education Bill [Lords] (Programme),--Ordered, That the following provisions shall apply to the remaining proceedings on the Teaching and Higher Education Bill [Lords]--
 
Report and Third Reading
 
        1.(1) Proceedings on consideration and Third Reading shall be completed in two allotted days and shall, if not previously concluded, be brought to a conclusion three hours after the commencement of proceedings on the Bill on the second of those days.
 
        (2) On the first such allotted day, paragraph (1) of Standing Order No. 15 (Exempted business) shall apply to proceedings on the Bill for any part of the period of six hours after the commencement of proceedings on the Bill which falls after Ten o'clock.
 
Business Committee
 
        2. Standing Order No. 82 (Business Committee) shall apply to proceedings on the Bill.
 
        3. No Motion shall be made to alter the order in which proceedings on consideration of the Bill are taken, but the resolutions of the Business Committee may include alterations in that order.
 
Conclusion of proceedings
 
        4. For the purpose of concluding any proceedings which are to be brought to a conclusion at a time appointed by or under this Order--
 
          (1) The Speaker shall put forthwith the following Questions (but no others)--
 
            (a) any Question already proposed from the Chair;
 
            (b) any Question necessary to bring to a decision a Question so proposed;
 
            (c) the Question on any amendment moved or Motion made by a Minister of the Crown;
 
            (d) any other Question necessary for the disposal of the business to be concluded.
 
          (2) Proceedings under sub-paragraph (1) shall not be interrupted under any Standing Order relating to sittings of the House and may be decided, though opposed, at any hour.
 
          (3) If two or more Questions would fall to be put under sub-paragraph (1)(c) on amendments moved or Motions made by a Minister of the Crown, the Speaker shall instead put a single Question in relation to those amendments or Motions.
 
          (4) On a Motion for a new Clause or a new Schedule, the Speaker shall put only the question that the Clause or Schedule be added to the Bill.
 
          (5) If on an allotted day a Motion for the adjournment of the House under Standing Order No. 24 (Adjournment on specific and important matter that should have urgent consideration) stands over from an earlier day or to Seven o'clock--
 
            (a) the bringing to a conclusion of any proceedings on the Bill which under this Order are to be brought to a conclusion after that time shall be postponed for a period equal to the duration of the proceedings on the Motion, and
 
            (b) paragraph (1) of Standing Order No. 15 (Exempted business) shall apply to proceedings on the Bill for the period after Ten o'clock for which sub-paragraph (a) permits them to continue.
 
Supplemental orders
 
        5. If a Motion is made by a Minister of the Crown to amend this Order and if an effect of the Motion would be to provide a greater amount of time for proceedings on the Bill, the Question on the Motion shall be put forthwith and may be decided, though opposed, at any hour.
 
        6. If a Motion is made by a Minister of the Crown to supplement the provisions of this Order in respect of further proceedings on the Bill, the Motion may be proceeded with, though opposed, at any hour and the proceedings, if not previously concluded, shall be brought to a conclusion three-quarters of an hour after they have been commenced.
 
Interpretation
 
        7. In this Order 'allotted day' means any day on which the Bill is put down on the main business as first Government Order of the Day.--(Mr David Clelland.)
6Adjournment,--A Motion was made, and the Question being proposed, That this House do now adjourn--(Mr David Clelland);
 
        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 five minutes past Eleven o'clock, till to-morrow.
[Adjourned at 11.05 p.m.
Betty Boothroyd
Speaker        

Madam 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:
1Education,--Education (Individual Performance Information) (Prescribed Bodies and Persons) (Wales) Regulations 1998 (S.I., 1998, No. 1220), dated 17th May 1998 [by Act] [Mr Secretary Davies].
2Town and Country Planning (Scotland),--Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1998 (S.I., 1998, No. 1226), dated 12th May 1998 [by Act] [Mr Secretary Dewar].
Other Papers:
3Childcare,--Paper, entitled Meeting the Childcare Challenge: a framework and consultation document [by Command] [Cm. 3959] [Mr Secretary Blunkett].
4Childcare (Scotland),--Paper, entitled Meeting the Childcare Challenge, a Childcare Strategy for Scotland: a framework and consultation document [by Command] [Cm. 3958] [Mr Secretary Dewar].
5Law Commission,--Report of the Law Commission and the Scottish Law Commission on Statute Law Revision: Sixteenth Report, Draft Statute Law (Repeals) Bill [by Command] [Cm. 3939] [Mr Geoffrey Hoon].
6National Health Service,--Statements of Guarantee given by the Secretary of State for Health on 15th May 1998 on loans proposed to be raised by the following National Health Service Trusts--
 
        (1) The Royal Surrey County Hospital, and
 
        (2) Thanet Healthcare
 
    [by Act] [Mr Secretary Dobson]
7Public Petitions,--Observations by the Secretary of State for Health on the Petition [27th April] from residents of the United Kingdom supporting the legalisation of cannabis for medical use [by Standing Order]; to be printed [Clerk of the House].
APPENDIX II
Reports from Select Committees
1Agriculture,--Minutes of Evidence taken before the Agriculture Committee on 19th May [Vitamin B6]; to be printed [Nos. 753-i and -ii] [Mr Peter Luff].
2Education and Employment,--(1) Sixth Report from the Education and Employment Committee [Further Education], 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. 264]; and
 
        (2) Fifth Special Report from the Education and Employment Committee [Government Response to the Fourth Report from the Committee, The Relationship between TECs and the proposed Regional Development Agencies]; to be printed [No. 752]
 
    [Ms Margaret Hodge].
3Environmental Audit,--Minutes of Evidence taken before the Environmental Audit Committee on 19th May [Greening Government]; to be printed [No. 517-ix] [Mr John Horam].
4Public Administration,--(1) Third Report from the Select Committee on Public Administration [Your Right to Know: the Government's Proposals for a Freedom of Information Act]; to be printed, with the Minutes of Proceedings relating to the Report [No. 398-I]; and
 
        (2) Memoranda laid before the Select Committee on Public Administration [Your Right to Know: the Government's Proposals for a Freedom of Information Act]; to be printed [No. 398-II]
 
    [Mr Rhodri Morgan].
5Statutory Instruments,--Thirty-Fourth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 33-xxxiv] [Mr David Tredinnick].
6Welsh Affairs,--(1) Second Special Report from the Welsh Affairs Committee [Government Response to the First Report from the Committee, on the Impact of the Government's Devolution Proposals on Economic Development and Local Government in Wales]; to be printed [No. 750]; and
 
        (2) Minutes of Evidence taken before the Welsh Affairs Committee on 19th May [The Welsh Office's Departmental Report 1998]; to be printed [No. 751]
 
    [Mr Martyn Jones].



 
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