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House of Commons
Session 1997-98
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House of Commons Votes and Proceedings
Wednesday 24th June 1998

The House met at half-past Nine o'clock.
PRAYERS.
1Adjournment,--A Motion was made, and the Question being proposed, That this House do now adjourn--(Janet Anderson);
 
        And it being Two o'clock, the Motion for the adjournment of the House lapsed, without Question put, pursuant to the Standing Order.
2Consolidation, &c., Bills,--Mr Andrew Tyrie reported from the Select Committee appointed to join with a Committee of the House of Lords on Consolidation, &c., Bills, to which the Statute Law (Repeals) Bill [Lords], now pending in the House of Lords, was referred, That it had gone through the Bill, and made an Amendment thereunto; and had agreed to a Report which it had directed him to make to the House; and had directed him to report the Minutes of Evidence taken before it on 24th June.
 
        Report to lie upon the Table; and to be printed [No. 856--I].
 
        Minutes of Evidence to lie upon the Table; and to be printed [No. 865--II].
 
        Minutes of Proceedings of the Committee to be printed [No. 865--II].
3Third Standing Committee on Delegated Legislation,--Mr Peter Atkinson reported from the Third Standing Committee on Delegated Legislation the Value Added Tax (Reduced Rate) Order 1998 (S.I., 1998, No. 1375).
 
        Minutes of Proceedings of the Committee to lie upon the Table.
4Seventh Standing Committee on Delegated Legislation,--Mrs Marion Roe reported from the Seventh Standing Committee on Delegated Legislation the draft Welfare of Livestock (Amendment) Regulations 1998.
 
        Minutes of Proceedings of the Committee to lie upon the Table.
5Ninth Standing Committee on Delegated Legislation,--Mr Andrew Welsh reported from the Ninth Standing Committee on Delegated Legislation the draft Air Carrier Liability Order 1998.
 
        Minutes of Proceedings of the Committee to lie upon the Table.
6Message from the Lords,--A Message was brought from the Lords, as follows:
 
        The Lords have disagreed to one of the Amendments made by this House to the Teaching and Higher Education Bill [Lords], but propose an Amendment in lieu thereof, to which they desire the concurrence of this House; they have disagreed to one other such Amendment, for which disagreement they assign their Reason; and they have agreed to the remaining Amendments, without Amendment.
 
        Building Regulations (Energy Rating Information (Amendment) Bill [Lords],--The Lords have passed a Bill, intituled An Act to amend the Building Regulations 1991 and the Building (Approved Inspectors etc.) Regulations 1985 to secure the provision of further information to purchasers and certain other occupiers of dwellings with respect to the energy rating of dwellings; and for connected purposes; to which they desire the concurrence of this House.
 
        Sea Fisheries (Shellfish) (Amendment) Bill [Lords],--The Lords have passed a Bill, intituled An Act to amend the Sea Fisheries (Shellfish) Act 1967 in respect of several fisheries; to which they desire the concurrence of this House.
7Sale of Alcohol to Young Persons (Prohibition),--Ordered, That leave be given to bring in a Bill to prohibit the sale of alcoholic beverages to a person under the age of 18 by any person on licensed premises; and for connected purposes: And that Mr Paul Truswell, Mr Harold Best, Mr Colin Burgon, Mr Fabian Hamilton and Mr John Gunnell do prepare and bring it in.
8Sale of Alcohol to Young Persons (Prohibition) Bill,--Mr Paul Truswell accordingly presented a Bill to prohibit the sale of alcoholic beverages to a person under the age of 18 by any person on licensed premises; 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 211].
9Human Rights Bill [Lords] (Programme),--A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 82 (Business Committee), That the further Report [23rd June] from the Business Committee be now considered--(Mr Jon Owen Jones):--It was agreed to.
 
        Question put forthwith, That this House agrees with the Committee in its Resolution:--It was agreed to.
10Human Rights Bill [Lords] (Committee) [3rd allotted day],--The House, according to Order, again resolved itself into a Committee on the Human Rights Bill [Lords].
 
(In the Committee)
 
        Clause No. 7 (Proceedings).
 
        Amendment (No. 47) proposed, in page 4, line 39, to leave out the words 'or tribunal'.--(Mr Edward Garnier.)
 
        Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
 
        Another Amendment (No. 50) proposed, in page 4, line 42, at the end, to insert the words 'or he can demonstrate that he is acting on behalf of a victim or potential victim of an unlawful act'.--(Mr Edward Garnier.)
 
        Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
 
        Another Amendment (No. 51) proposed, in page 4, line 42, at the end, to insert the words--
 
        '(1A) Proceedings under subsection (1)(a) above may be brought without leave of the court within three months of the commission of the unlawful act and otherwise may be brought only with the leave of the court'.--(Mr Edward Garnier.)
 
        Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
 
        Another Amendment (No. 42) proposed, in page 5, line 4, to leave out lines 4 to 6 and insert the words--
 
        '(3) Nothing in subsection (1) shall prevent an applicant from bringing an application for judicial review provided that the court considers that he has a sufficient interest in the matter to which the application relates.', instead thereof.--(Mr Robert Maclennan.)
 
        Question put, That the Amendment be made.
 
        The Committee divided.
 
          Tellers for the Ayes, Mr Andrew Stunell, Mr John Burnett: 35.
 
          Tellers for the Noes, Mr David Jamieson, Mr Greg Pope: 243.
 
        Another Amendment (No. 125) proposed, in page 5, line 9, at the end, to insert the words--
 
        '( ) Proceedings under subsection (1)(a) must be brought before the end of--
 
          (a) the period of one year beginning with the date on which the act complained of took place; or
 
          (b) such longer period as the court or tribunal considers equitable having regard to all the circumstances,
 
    but that is subject to any rule imposing a stricter time limit in relation to the procedure question.'.--(Mr Mike O'Brien.)
 
        Question put, That the Amendment be made.
 
        The Committee divided.
 
          Tellers for the Ayes, Mr David Jamieson, Mr Greg Pope: 232.
 
          Tellers for the Noes, Mr Paul Tyler, Mr Andrew Stunell: 34.
 
        Another Amendment (No. 54) proposed, in page 5, to leave out line 18.--(Mr Edward Garnier.)
 
        Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
 
        Other Amendments (Nos. 44 and 126 to 128) made.
 
        Clause, as amended, agreed to.
 
        Clause No. 8 (Judicial remedies).
 
        Amendment (No. 129) made.
 
        Amendment (No. 61) proposed, in page 6, line 32, at the end, to insert the words 'and the court may take into account the conduct of the applicant in relation to the unlawful act giving rise to the proceedings'.--(Mr Edward Garnier.)
 
        Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
 
        Another Amendment (No. 130) made.
 
        Clause, as amended, agreed to.
 
        Clause No. 9 agreed to.
 
        Clause No. 10 (Power to take remedial action).
 
        Amendment (No. 62) made.
 
        Amendment (No. 64) proposed, in page 7, to leave out lines 33 to 45 and insert the words--
 
        '(2) The Secretary of State shall, within 15 sitting days, lay before each House of Parliament a statement setting out the grounds of the incompatibility and each House of Parliament shall--
 
          (a) in the case of a declaration of incompatibility under section 4, by resolution signify its agreement or disagreement with the declaration;
 
          (b) in any other case, debate the statement.
 
        (3) If either House of Parliament by resolution under subsection (2)(a) signifies its disagreement with a declaration of incompatibility, the case in relation to which the declaration was made shall stand in abeyance, save for any appeal to the European Court of Human Rights.
 
        (3A) If both Houses of Parliament by resolution under subsection (2)(a) signify their agreement with a declaration of incompatibility, or when both Houses have debated a statement under subsection(2)(b), as the case may be, the Secretary of State shall lay before Parliament a report containing proposals for amending legislation to remedy the incompatibility.
 
        (3B) In any case where it is necessary to amend primary legislation in order to remedy the incompatibility, amending legislation shall take the form of an Act of Parliament unless the Secretary of State considers that there are exceptional reasons which make it impracticable to proceed by Act of Parliament; and in that case he shall state those reasons in the report, and may by order make such amendments to the primary legislation as he considers appropriate.
 
        (3C) An order under subsection (3B) above shall not be made until a draft of it has been laid before, and approved by a resolution of, each House of Parliament.', instead thereof.--(Mr Edward Garnier)
 
        Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
 
        Other Amendments (Nos. 144 to 147, 131 and 132) made.
 
        Clause, as amended, agreed to.
 
        Clause No. 11 disagreed to.
 
        It being six and a half hours after the commencement of proceedings on the Bill this day, the Chairman, pursuant to Orders [1st June and this day], put forthwith the Questions necessary for the disposal of the business to be concluded at that hour.
 
        Clause No. 12 disagreed to.
 
        Clauses Nos. 13 to 20 agreed to.
 
        Clause No. 21 (Interpretation, etc.)
 
        Amendments (Nos. 133 to 135) made.
 
        Clause, as amended, agreed to.
 
        Clause No. 22 (Short title, commencement, application and extent).
 
        Amendment (No. 136) made.
 
        Clause, as amended, agreed to.
 
        The Chairman left the Chair to report progress and ask leave to sit again.


 
        The Deputy Speaker resumed the Chair, and Jane Kennedy 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.
11Public Petitions,--A public petition from residents of Vale of York against the decision to allow electricity pylons to be erected in the constituency was presented and read; and ordered to lie upon the Table and to be printed.
12Adjournment,--Resolved, That this House do now adjourn--(Bridget Prentice.)
 
        And accordingly the House, having continued to sit till twenty-two minutes to Eleven o'clock, adjourned till to-morrow.
[Adjourned at 10.38 p.m.
Betty Boothroyd
Speaker        

Madam Speaker will take the Chair at half-past Two o'clock.

APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Negative Resolution:
1Civil Aviation,--Civil Aviation (Route Charges for Navigation Services) (Amendment) Regulations 1998 (S.I., 1998, No. 1537), dated 22nd June 1998 [by Act] [Mr Secretary Prescott].
2Customs and Excise,--Federal Republic of Yugoslavia (Supply and Sale of Equipment) (Penalties and Licences) Regulations 1998 (S.I., 1998, No. 1531), dated 22nd June 1998 [by Act] [Secretary Margaret Beckett].
3Education,--Education (Grants for Education Support and Training) (Wales) (Amendment) Regulations 1998 (S.I., 1998, No. 1489), dated 20th June 1998 [by Act] [Mr Secretary Davies].
Other Papers:
4Health Service Commissioner,--(1) Fourth Report of the Health Service Commissioner, Session 1997-98, Investigations completed October 1997 to March 1998, and
 
        (2) Fifth Report of the Health Service Commissioner, Session 1997-98, being the Annual Report for 1997-98
 
    [by Act]; to be printed [Nos. 812 and 811] [Clerk of the House].
5Miscellaneous (No. 7, 1998),--Convention, done at Oslo on 18th September 1997, on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, with an Explanatory Memorandum [by Command] [Cm. 3990] [Mr Secretary Cook].
6Parliamentary Commissioner,--Fifth Report of the Parliamentary Commissioner for Administration, Session 1997-98, being the Report for the period January 1997 to March 1998 [by Act]; to be printed [No. 845] [Clerk of the House].
7Police and Criminal Evidence,--Report and Accounts of the Police Complaints Authority for 1997-98, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 805] [Mr Secretary Straw].
APPENDIX II
Standing Committees
1Draft Double Taxation Relief (Taxes on Income) (Oman), Air Transport (Hong Kong), and (Taxes and Income) (Kazakhstan) Orders 1998,--The Committee of Selection has discharged from the Fifth Standing Committee, Mr Robert Ainsworth, Julia Drown and Ms Dawn Primarolo (nominated in respect of the draft Orders); and nominated in substitution Mrs Helen Liddell, Mr Greg Pope and Angela Smith.
2Draft Export and Investment Guarantees (Limit on Foreign Currency Commitments) Order 1998,--The Committee of Selection has discharged from the Sixth Standing Committee Mr Rhodri Morgan (nominated in respect of the draft Order); and nominated in substitution Mrs Sandra Osborne.
APPENDIX III
Reports from Select Committees
1Defence,--Minutes of Evidence taken before the Defence Committee on 24th June [The Reserves Call Out Order 1998, Etc]; to be printed [No. 868-i] [Mr Bruce George].
2European Legislation,--Thirty-First Report from the Select Committee on European Legislation; to be printed, with the Minutes of Proceedings of the Committee Relating to the Report [No. 155-xxxi] [Mr Jim Marshall].
3International Development,--Minutes of Evidence taken before the International Development Committee on 24th June [Sudan]; to be printed [No. 872-i] [Mr Bowen Wells].
4Public Accounts,--Minutes of Evidence taken before the Committee of Public Accounts on Wednesday, 24th June [Distribution of Lottery Funds by the English Sports Council]; to be printed [No. 873-i] [Mr David Davis].
5Social Security,--Minutes of Evidence taken before the Social Security Committee on 24th June [Pension Sharing on Divorce]; to be printed [No. 869-i] [Mr Archy Kirkwood].
6Scottish Affairs,--Minutes of Evidence taken before the Scottish Affairs Committee on 24th June [The Operation of Multi Layer Democracy]; to be printed [No. 460-iii] [Mr David Marshall].
7Trade and Industry,--Minutes of Evidence taken before the Trade and Industry Committee on 24th June [Electricity Liberalisation]; to be printed [No. 871-i] [Mr Martin O'Neill].



 
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