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House of Commons
Session 1997-98
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House of Commons Votes and Proceedings
Wednesday 8th July 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--(Mr Clive Betts);
 
        And it being Two o'clock, the Motion for the adjournment of the House lapsed, without Question put, pursuant to the Standing Order.
2Alliance & Leicester plc (Group Reorganisation) Bill [Lords],--Ordered, That the Alliance & Leicester plc (Group Reorganisation) Bill [Lords] be read a second time on Thursday 16th July.
3European Standing Committee B,--Mr Edward O'Hara reported from European Standing Committee B the following Resolution:
 
        That the Committee takes note of European Community Documents Nos. COM(98)300, the Preliminary Draft Budget (PDB) of the European Communities for 1999, and SEC(98)800, the Commission's Overview of the Preliminary Draft Budget; and supports the Government's efforts to maintain budget discipline in the Community.
 
        Report, together with Resolution, to lie upon the Table.
4Fifth Standing Committee on Delegated Legislation,--Mr Bowen Wells reported from the Fifth Standing Committee on Delegated Legislation the draft Double Taxation Relief (Taxes on Income) (Oman) Order 1998, the draft Double Taxation Relief (Air Transport) (Hong Kong) Order 1998 and the draft Double Taxation Relief (Taxes on Income) (Kazakhstan) Order 1998.
 
        Minutes of Proceedings of the Committee to lie upon the Table.
5Empty Homes (Value Added Tax),--Ordered, That leave be given to bring in a Bill to reduce Value Added Tax paid on the renovation of long standing empty homes: And that Mr Jonathan R. Shaw, Mr Robert Marshall-Andrews, Mr Bill Rammell, Dr Brian Iddon, Mr David Chaytor, Mrs Helen Brinton, Jane Griffiths, Mr Martin Salter, Mr Derek Wyatt, Mr Vernon Coaker and Mr Brian Sedgemore do prepare and bring it in.
6Empty Homes (Value Added Tax) Bill,--Mr Jonathan R. Shaw accordingly presented a Bill to reduce Value Added Tax paid on the renovation of long standing empty homes: And the same was read the first time; and ordered to be read a second time on Friday 6th November and to be printed [Bill 223].
7Competition Bill [Lords],--The House, accordingly to Order, proceeded to consider the Competition Bill [Lords], as amended in the Standing Committee.
 
        Ordered, That the Bill be considered in the following Order, namely, Amendments relating to Clauses 1 to 3, Clauses 17 to 19, Schedules 1 to 4, Clauses 4 to 16, Schedule 5, Clauses 20 to 24, Schedule 6, Clauses 25 to 45, Schedule 7, Clauses 46 to 49, Schedule 8, Clauses 50 and 51, Schedule 9, Clauses 52 to 54, Schedule 10, Clause 55, Schedule 11, Clauses 56 to 74, Schedules 12 to 14, Clauses 75 and 76, New Clauses, New Schedules.--(Mr Ian McCartney.)
 
        Amendment (No. 2) proposed to the Bill, in page 2, line 42, at the end, to insert the words 'or--
 
        (e) resale price maintenance for over-the-counter medicines'.--(Mr John Redwood.)
 
        Question put, That the Amendment be made.
 
        The House divided.
 
          Tellers for the Ayes, Mr Nigel Waterson, Mr Stephen Day: 161.
 
          Tellers for the Noes, Mr Greg Pope, Bridget Prentice: 328.
 
        Another Amendment (No. 48) proposed to the Bill, in page 10, line 38, at the end, to insert the words--
 
        '(2A) For the purposes of this section "market" means a market the whole or part of which is in the United Kingdom but in relation to the abuse of a dominant position in a market which extends beyond the United Kingdom the prohibition imposed by subsection (1) shall not be regarded as infringed unless that abuse occurs in the United Kingdom.'.--(Mr Andrew Lansley.)
 
        Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
 
        Another Amendment (No. 1) proposed to the Bill, in page 10, to leave out lines 40 and 41 and insert the words ' "dominant position" means a position of economic strength which enables an undertaking to act independently of competition, customers and ultimately consumers within the United Kingdom; and', instead thereof.--(Mr Giles Radice.)
 
        Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
 
        Another Amendment (No. 8) proposed to the Bill, in page 10, to leave out lines 40 and 41 and insert the words ' "dominant position" means--
 
          (a) in relation to the national newspaper market, a substantial degree of market power, and
 
          (b) in relation to all other markets, a dominant position within the United Kingdom; and', instead thereof.--(Mr Chris Mullin.)
 
        Question put, That the Amendment be made.
 
        The House divided.
 
          Tellers for the Ayes, Mr Andrew F. Bennett, Mr Neil Gerrard: 68.
 
          Tellers for the Noes, Jane Kennedy, Mr David Jamieson: 301.
 
        Amendments (Nos. 69 to 72) made to the Bill.
 
        Another Amendment (No. 6) proposed to the Bill, in page 53, to leave out lines 44 to 49.--(Mr John Redwood.)
 
        Question proposed, That the Amendment be made;
 
        And it being Ten o'clock, the Debate stood adjourned.
8Business of the House,--A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 15 (Exempted business), That, at this day's sitting, the Competition Bill [Lords] may be proceeded with, though opposed, until any hour--(Mr Clive Betts):--It was agreed to.
9Competiton Bill [Lords],--The House again proceeded to consider the Competition Bill [Lords], as amended in the Standing Committee.
 
        Question again proposed, That the Amendment (No. 6) be made.
 
        Question put.
 
        The House divided.
 
          Tellers for the Ayes, Mr Stephen Day, Mr Nigel Waterson: 117.
 
          Tellers for the Noes, Mr John McFall, Mr David Jamieson: 291.
 
        Other Amendments (Nos. 9 and 10) made to the Bill.
 
        Another Amendment (No. 76) proposed to the Bill, in page 14, line 2, at the end, to insert the words--
 
        '(7) In exercising the powers conferred by subsection (6)(a)(ii) above, the Director shall afford the undertaking under investigation a reasonable opportunity for its legal or other representative to be present when the employee or officer is required to provide an explanation of the document.'.--(Mr Colin Breed.)
 
        Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
 
        Another Amendment (No. 49) proposed to the Bill, in page 64, line 8, to leave out from the word 'person' to the end of line 16 and insert the words 'is--
 
          (a) a puisne judge of the High Court;
 
          (b) a judge of the Court of Session; or
 
          (c) a judge of the Supreme Court of Northern Ireland,
 
    and before appointing as a member of the appeal tribunal any person who holds the judicial office mentioned in paragraph (a), (b) or (c) he shall consult the Lord Chancellor, the President of the Court of Session or the Lord Chief Justice of Northern Ireland, as he considers appropriate.', instead thereof.--(Mr Andrew Lansley.)
 
        Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
 
        Another Amendment (No. 41) proposed to the Bill, in page 26, line 4, at the beginning, to insert the words 'Subject to subsection (1A)'.--(Mr Andrew Lansley.)
 
        Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
 
        Other Amendments (Nos. 11 and 16) made to the Bill.
 
        Another Amendment (No. 5) proposed to the Bill, in page 27, line 39, at the end, to insert the words--
 
        '(1A) a fee charged to a business for the discharge of functions by the Director shall not exceed the costs of fulfilling that particular function in that case.'.--(Mr Tim Boswell.)
 
        Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
 
        Another Amendment (No. 46) proposed to the Bill, in page 28, line 15, at the beginning to insert the words 'Subject to subsections (4) and (5)'.--(Mr Andrew Lansley.)
 
        Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
 
        Other Amendments (Nos. 12, 13, 17 to 26, 52 and 14) made to the Bill.
 
        Another Amendment (No. 61) proposed to the Bill, in page 31, line 40, to leave out from the word 'concerned' to the end of line 43 and insert the words 'the provisions of this Part are applied in a manner which is consistent with the application of the corresponding provisions of Community law', instead thereof.--(Mr Andrew Lansley.)
 
        Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
 
        Another Amendment (No. 15) made to the Bill.
 
        Another Amendment (No. 59) proposed to the Bill, in page 39, line 20, to leave out the word 'or' and insert the words--
 
        '( ) section 51, in the case of the first order made by the Secretary of State under that section, or',--instead thereof.--(Mr Peter Brooke.)
 
        Question proposed, That the Amendment be made:--Amendment, by leave, withdrawn.
 
        Other Amendments (Nos. 27 to 40) made to the Bill.
 
        A Motion was made, and the Question being proposed, That the Bill be now read the third time.
 
Thursday 9th July 1998
 
        Question put.
 
        The Bill was read the third time and passed, with Amendments.
10Adjournment,--Resolved, That this House do now adjourn.--(Mr Greg Pope.)
 
        And accordingly the House, having continued to sit till twenty-nine minutes to One o'clock on Thursday morning, adjourned till this day.
[Adjourned at 12.31 a.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:
1Animals,--(1) Sheep and Goats Spongiform Encephalopathy Regulations 1998 (S.I., 1998, No. 1646), and
 
        (2) Sheep and Goats Spongiform Encephalopathy (Compensation) Order 1998 (S.I., 1998, No. 1647),
 
    dated 7th July 1998 [by Act] [Dr John Cunningham].
2Education (Scotland),--Moray House Institute of Higher Education (Closure) (Scotland) Order 1998 (S.I., 1998, No. 1644), dated 3rd July 1998 [by Act] [Mr Secretary Dewar].
3Local Government,--Local Government Act 1988 (Defined Activities) (Exemptions) (Dacorum, Hertsmere and Luton Borough Councils) Order 1998 (S.I., 1998, No. 1586), dated 30th June 1998 [by Act] [Mr Secretary Prescott].
4Protection of Wrecks,--Protection of Wrecks (Designation No. 1) Order 1998 (S.I., 1998, No. 1650), dated 7th July 1998 [by Act] [Mr Secretary Smith].
Other Papers:
5Defence,--Paper, entitled The Strategic Defence Review [by Command] [Cm. 3999] [Mr Secretary Robertson].
6Environmental Protection,--Accounts of the Nature Conservancy Council for England for 1997-98, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 945] [Clerk of the House].
7Gaming,--Report and Accounts of the Gaming Board for Great Britain for 1997-98, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 807] [Mr Secretary Straw].
8Judicial Statistics,--Judicial Statistics for England and Wales for 1997 [by Command] [Cm. 3980] [Mr Geoffrey Hoon].
9Parliamentary Commissioner,--Sixth Report of the Parliamentary Commissioner for Administration, Session 1997-98: Selected Cases--November 1997 to April 1998 [by Act]; to be printed [No. 892] [Clerk of the House].
10Treaty Series (No. 27, 1998),--1994 Amendments, adopted at London on 24th May 1994, to the Annex to the International Convention for the Safety of Life of Sea, 1974 (Annex 2): Resolution 1 of the Conference of Contracting Governments to the International Convention for the Safety of Life of Sea, 1974 [by Command] [Cm. 3997] [Mr Secretary Cook].
APPENDIX II
Grand Committees
1The Speaker has appointed Mr Barry Jones Chairman of the Welsh Grand Committee in respect of the meeting of the Committee in Merthyr Tydfil on Monday 13th July.
 
Standing Committees
2Licensing (Amendment) Bill:
 
        (1) The Speaker has allocated the Bill to Standing Committee C; and
 
        (2) The Committee of Selection has appointed sixteen Members to serve on the Committee, viz.: Mr Harold Best, Mr Colin Burgon, Mr John Burnett, Mr John Gunnell, Mr Fabian Hamilton, Mr George Howarth, Mrs Eleanor Laing, Mrs Jacqui Lait, Mr Christopher Leslie, Alice Mahon, Mr Andrew Robathan, Mr Bob Russell, Mr David Taylor, Sir Teddy Taylor, Mr Paul Truswell and Mr Mike Wood.
3Special Grant Report (No. 36) (HC Paper No. 823) and the Special Grant Report (No. 3) (Wales) 1998 (HC Paper No. 832):
 
        (1) The Speaker has allocated the Report to the First Standing Committee on Delegated Legislation; and appointed Mr Roger Gale Chairman; and
 
        (2) The Committee of Selection has appointed sixteen Members to serve on the Committee, viz.: Mr Nick Ainger, Mr Graham Allen, Mr Tony Baldry, Mr Joe Benton, Mr Colin Breed, Mr Martin Caton, Mr Terry Davis, Angela Eagle, Dr John Marek, Ms Margaret Moran, Ms Julie Morgan, Mr Lembit O­pik, Mr Laurence Robertson, Mr Chris Ruane, Mrs Caroline Spelman and Mr Robert Syms.
4Draft Houses in Multiple Occupation (Charges for Registration Schemes) Regulations 1998:
 
        (1) The Speaker has allocated the draft Regulations to the Second Standing Committee on Delegated Legislation and appointed Mr Jimmy Hood Chairman; and
 
        (2) The Committee of Selection has appointed sixteen Members to serve on the Committee, viz.: Mr Graham Allen, Jackie Ballard, Mr Andrew F. Bennett, Sir Paul Beresford, Mr Peter Bottomley, Mr Peter Bradley, Mr Alan Campbell, Mrs Ann Cryer, Mr Keith Hill, Mr Andy Love, Mr Nick Raynsford, Mr Adrian Sanders, Mrs Caroline Spelman, Mr Nick St. Aubyn, Mr Gerry Steinberg and Mr Brian White.
5Draft Community Drivers' Hours and Recording Equipment (Amendment) Regulations 1998:
 
        (1) The Speaker has allocated the draft Regulations to the Third Standing Committee on Delegated Legislation; and appointed Mr George Stevenson Chairman; and
 
        (2) The Committee of Selection has appointed sixteen Members to serve on the Committee, viz.: Mr Graham Allen, Mr David Amess, Mr Ian Davidson, Maria Eagle, Dr Evan Harris, Mr Nick Hawkins, Glenda Jackson, Mr Alan Keen, Ms Chris McCafferty, Mr Kevin McNamara, Ms Margaret Moran, Mr Eric Pickles, Mr Bill Rammell, Mrs Caroline Spelman, Mr Graham Stringer and Mr Andrew Stunell.
APPENDIX III
Reports from Select Committees
1Agriculture,--(1) Minutes of Evidence taken before the Agriculture Committee on 8th July [Flood and coastal defence]; to be printed [No. 707-v]; and
 
        (2) Memoranda laid before the Committee [Flood and coastal defence]
 
    [Mr Peter Luff].
2Culture, Media and Sport,--Minutes of Evidence taken before the Culture, Media and Sport Committee on 8th July [Millennium Celebrations in the United Kingdom]; to be printed [No. 818-ii] [Mr Gerald Kaufman].
3Education and Employment,--Minutes of Evidence taken before the Education Sub-committee of the Education and Employment Committee on 8th July [The Role of Headteachers]; to be printed [No. 725-vii] [Ms Margaret Hodge].
4Environment, Transport and Regional Affairs,--Seventh Report from the Environment, Transport and Regional Affairs Committee [London Underground], [together with Appendices to the Minutes of Evidence taken before the Transport Sub-Committee]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 715-I] [Mrs Gwyneth Dunwoody].
5European Legislation,--(1) Thirty-third 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-xxxiii]; and
 
        (2) Minutes of Evidence taken before the Select Committee on European Legislation on 8th July [Multilateral Agreement on Investment]; to be printed [No. 946]
 
    [Mr Jimmy Hood].
6International Development,--Minutes of Evidence taken before the International Development Committee on 8th July [Conflict Prevention and Post-Conflict Reconstruction]; to be printed [No. 787-v] [Mr Bowen Wells].
7Northern Ireland Affairs,,--(1) Third Report from the Northern Ireland Affairs Committee [The Composition, Recruitment and Training of the RUC], 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. 337]; and
 
        (2) Minutes of Evidence taken before the Committee on 8th July [the Prison Service in Northern Ireland]; to be printed [No. 716-iv]
 
    [Mr Peter Brooke].
8Scottish Affairs,--Minutes of Evidence taken before the Scottish Affairs Committee on 8th July [Inward Investment into Scotland]; to be printed [No. 698-iii] [Mr David Marshall].
9Social Security,--Minutes of Evidence taken before the Social Security Committee on 8th July [Pension Sharing on Divorce]; to be printed [No. 869-iii] [Mr Archy Kirkwood].



 
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