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COMPANY LAW REFORM BILL [LORDS] (PROGRAMME)
Motion made, and Question put forthwith, pursuant to Standing Order No. 83A(6),
That the following provisions shall apply to the Company Law Reform Bill [Lords]:
Committal
1. The Bill shall be committed to a Standing Committee.
Proceedings in Standing Committee
2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 13th July 2006.
3. The Standing Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading
4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.
Other proceedings
7. Any other proceedings on the Bill (including any proceedings on consideration of any message from the Lords) may be programmed.— [Mr. Cawsey.]
The House divided: Ayes 271, Noes 113.
AYES
Abbott, Ms Diane
Ainger, Nick
Ainsworth, rh Mr. Bob
Alexander, rh Mr. Douglas
Allen, Mr. Graham
Anderson, Mr. David
Anderson, Janet
Armstrong, rh Hilary
Atkins, Charlotte
Austin, Mr. Ian
Austin, John
Bailey, Mr. Adrian
Baird, Vera
Balls, Ed
Banks, Gordon
Barlow, Ms Celia
Barron, rh Mr. Kevin
Battle, rh John
Bayley, Hugh
Beckett, rh Margaret
Begg, Miss Anne
Benton, Mr. Joe
Berry, Roger
Blackman-Woods, Dr. Roberta
Blears, rh Hazel
Blizzard, Mr. Bob
Blunkett, rh Mr. David
Bradshaw, Mr. Ben
Brown, Lyn
Brown, rh Mr. Nicholas
Brown, Mr. Russell
Browne, rh Des
Bryant, Chris
Buck, Ms Karen
Burden, Richard
Burgon, Colin
Burnham, Andy
Butler, Ms Dawn
Byrne, Mr. Liam
Caborn, rh Mr. Richard
Cairns, David
Campbell, Mr. Alan
Caton, Mr. Martin
Cawsey, Mr. Ian
Challen, Colin
Chapman, Ben
Chaytor, Mr. David
Clapham, Mr. Michael
Clark, Ms Katy
Clarke, rh Mr. Charles
Clarke, rh Mr. Tom
Clelland, Mr. David
Clwyd, rh Ann
Coaker, Mr. Vernon
Coffey, Ann
Cook, Frank
Cooper, Rosie
Cousins, Jim
Crausby, Mr. David
Creagh, Mary
Cruddas, Jon
Cunningham, Mr. Jim
Cunningham, Tony
Darling, rh Mr. Alistair
Dean, Mrs. Janet
Denham, rh Mr. John
Devine, Mr. Jim
Dhanda, Mr. Parmjit
Dismore, Mr. Andrew
Dobson, rh Frank
Donohoe, Mr. Brian H.
Doran, Mr. Frank
Dowd, Jim
Durkan, Mark
Eagle, Angela
Eagle, Maria
Efford, Clive
Ellman, Mrs. Louise
Engel, Natascha
Ennis, Jeff
Etherington, Bill
Farrelly, Paul
Fisher, Mark
Fitzpatrick, Jim
Flello, Mr. Robert
Flint, Caroline
Flynn, Paul
Foster, Mr. Michael (Worcester)
Foster, Michael Jabez (Hastings and Rye)
Francis, Dr. Hywel
Gapes, Mike
Gardiner, Barry
George, rh Mr. Bruce
Gerrard, Mr. Neil
Gibson, Dr. Ian
Goggins, Paul
Goodman, Helen
Griffiths, Nigel
Grogan, Mr. John
Gwynne, Andrew
Hall, Mr. Mike
Hall, Patrick
Hanson, Mr. David
Harman, rh Ms Harriet
Healey, John
Henderson, Mr. Doug
Hendrick, Mr. Mark
Hepburn, Mr. Stephen
Heppell, Mr. John
Hesford, Stephen
Hewitt, rh Ms Patricia
Heyes, David
Hill, rh Keith
Hillier, Meg
Hodge, rh Margaret
Hoon, rh Mr. Geoffrey
Hope, Phil
Hopkins, Kelvin
Howarth, rh Mr. George
Hoyle, Mr. Lindsay
Hughes, rh Beverley
Humble, Mrs. Joan
Hutton, rh Mr. John
Iddon, Dr. Brian
Illsley, Mr. Eric
Irranca-Davies, Huw
James, Mrs. Siân C.
Jenkins, Mr. Brian
Johnson, rh Alan
Johnson, Ms Diana R.
Jones, Helen
Jones, Mr. Kevan
Jones, Mr. Martyn
Keeble, Ms Sally
Keeley, Barbara
Keen, Alan
Keen, Ann
Kemp, Mr. Fraser
Kennedy, rh Jane
Khabra, Mr. Piara S.
Khan, Mr. Sadiq
Kidney, Mr. David
Kilfoyle, Mr. Peter
Knight, Jim
Lammy, Mr. David
Laxton, Mr. Bob
Lazarowicz, Mark
Lewis, Mr. Ivan
Linton, Martin
Lloyd, Tony
Love, Mr. Andrew
Lucas, Ian
MacDougall, Mr. John
Mackinlay, Andrew
MacShane, rh Mr. Denis
Mahmood, Mr. Khalid
Malik, Mr. Shahid
Mallaber, Judy
Mann, John
Marris, Rob
Marsden, Mr. Gordon
Marshall, Mr. David
Martlew, Mr. Eric
McAvoy, rh Mr. Thomas
McCafferty, Chris
McCarthy, Kerry
McCarthy-Fry, Sarah
McDonagh, Siobhain
McDonnell, John
McFadden, Mr. Pat
McGovern, Mr. Jim
McGuire, Mrs. Anne
McIsaac, Shona
McKechin, Ann
McKenna, Rosemary
McNulty, Mr. Tony
Meacher, rh Mr. Michael
Meale, Mr. Alan
Merron, Gillian
Michael, rh Alun
Milburn, rh Mr. Alan
Miliband, Edward
Miller, Andrew
Moffatt, Laura
Mole, Chris
Moran, Margaret
Morgan, Julie
Morley, Mr. Elliot
Mudie, Mr. George
Munn, Meg
Murphy, Mr. Jim
Naysmith, Dr. Doug
Norris, Dan
O'Brien, Mr. Mike
Olner, Mr. Bill
Osborne, Sandra
Owen, Albert
Palmer, Dr. Nick
Pearson, Ian
Pope, Mr. Greg
Prentice, Mr. Gordon
Primarolo, rh Dawn
Prosser, Gwyn
Purchase, Mr. Ken
Rammell, Bill
Raynsford, rh Mr. Nick
Reed, Mr. Andy
Reed, Mr. Jamie
Reid, rh John
Riordan, Mrs. Linda
Robertson, John
Robinson, Mr. Geoffrey
Rooney, Mr. Terry
Roy, Mr. Frank
Ruane, Chris
Ruddock, Joan
Russell, Christine
Ryan, Joan
Salter, Martin
Sarwar, Mr. Mohammad
Shaw, Jonathan
Sheridan, Jim
Simon, Mr. Siôn
Singh, Mr. Marsha
Skinner, Mr. Dennis
Slaughter, Mr. Andrew
Smith, rh Mr. Andrew
Smith, Ms Angela C. (Sheffield, Hillsborough)
Smith, Angela E. (Basildon)
Smith, rh Jacqui
Snelgrove, Anne
Soulsby, Sir Peter
Southworth, Helen
Spellar, rh Mr. John
Stewart, Ian
Stoate, Dr. Howard
Strang, rh Dr. Gavin
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Mr. Gerry
Tami, Mark
Taylor, Ms Dari
Taylor, David
Thornberry, Emily
Timms, Mr. Stephen
Tipping, Paddy
Todd, Mr. Mark
Trickett, Jon
Truswell, Mr. Paul
Turner, Dr. Desmond
Turner, Mr. Neil
Twigg, Derek
Vis, Dr. Rudi
Waltho, Lynda
Wareing, Mr. Robert N.
Watson, Mr. Tom
Watts, Mr. Dave
Whitehead, Dr. Alan
Wicks, Malcolm
Williams, Mrs. Betty
Wills, Mr. Michael
Winnick, Mr. David
Winterton, Ms Rosie
Wood, Mike
Woodward, Mr. Shaun
Woolas, Mr. Phil
Wright, Mr. Anthony
Wright, David
Wright, Mr. Iain
Wright, Dr. Tony
Wyatt, Derek
Tellers for the Ayes:
Steve McCabe and
Liz Blackman
NOES
Afriyie, Adam
Alexander, Danny
Amess, Mr. David
Bacon, Mr. Richard
Baker, Norman
Barker, Gregory
Baron, Mr. John
Beith, rh Mr. Alan
Benyon, Mr. Richard
Binley, Mr. Brian
Blunt, Mr. Crispin
Bone, Mr. Peter
Brokenshire, James
Brooke, Annette
Bruce, Malcolm
Burns, Mr. Simon
Burrowes, Mr. David
Burstow, Mr. Paul
Burt, Alistair
Burt, Lorely
Cable, Dr. Vincent
Campbell, Mr. Gregory
Campbell, rh Sir Menzies
Carmichael, Mr. Alistair
Conway, Derek
Davey, Mr. Edward
Davies, David T.C. (Monmouth)
Davies, Philip
Davies, Mr. Quentin
Djanogly, Mr. Jonathan
Duncan, Mr. Alan
Dunne, Mr. Philip
Ellwood, Mr. Tobias
Farron, Tim
Field, Mr. Mark
Francois, Mr. Mark
George, Andrew
Gidley, Sandra
Gillan, Mrs. Cheryl
Goldsworthy, Julia
Goodwill, Mr. Robert
Grayling, Chris
Greening, Justine
Gummer, rh Mr. John
Harvey, Nick
Hermon, Lady
Hoban, Mr. Mark
Hogg, rh Mr. Douglas
Hollobone, Mr. Philip
Horwood, Martin
Howarth, David
Howarth, Mr. Gerald
Huhne, Chris
Jackson, Mr. Stewart
Jenkin, Mr. Bernard
Jones, Mr. David
Kramer, Susan
Lait, Mrs. Jacqui
Lamb, Norman
Laws, Mr. David
Leech, Mr. John
Liddell-Grainger, Mr. Ian
Lidington, Mr. David
Llwyd, Mr. Elfyn
MacNeil, Mr. Angus
McCrea, Dr. William
McIntosh, Miss Anne
McLoughlin, rh Mr. Patrick
Mercer, Patrick
Moore, Mr. Michael
Mulholland, Greg
Mundell, David
Murrison, Dr. Andrew
O'Brien, Mr. Stephen
Ottaway, Richard
Paterson, Mr. Owen
Price, Adam
Prisk, Mr. Mark
Pritchard, Mark
Rennie, Willie
Robertson, Hugh
Rowen, Paul
Russell, Bob
Sanders, Mr. Adrian
Smith, Sir Robert
Stanley, rh Sir John
Stuart, Mr. Graham
Stunell, Andrew
Swayne, Mr. Desmond
Swire, Mr. Hugo
Taylor, Dr. Richard
Teather, Sarah
Thurso, John
Turner, Mr. Andrew
Tyrie, Mr. Andrew
Vaizey, Mr. Edward
Viggers, Peter
Walker, Mr. Charles
Wallace, Mr. Ben
Watkinson, Angela
Webb, Steve
Weir, Mr. Mike
Widdecombe, rh Miss Ann
Wiggin, Bill
Williams, Hywel
Williams, Mark
Williams, Mr. Roger
Williams, Stephen
Willott, Jenny
Wilson, Sammy
Wishart, Pete
Young, rh Sir George
Younger-Ross, Richard
Tellers for the Noes:
Mr. David Evennett and
Andrew Selous
Question accordingly agreed to.
COMPANY LAW REFORM BILL [LORDS] [MONEY]
Queen’s recommendation having been signified—
Motion made, and Question put forthwith, pursuant to Standing Order No. 52(1)(a) (Money resolutions and ways and means resolutions in connection with bills),
That, for the purposes of any Act resulting from the Company Law Reform Bill [ Lords], it is expedient to authorise—
(1) the payment out of money provided by Parliament of any sums required by a Government department for defraying expenses incurred under or in consequence of the Act, and
(2) the payment out of the Consolidated Fund of any increase attributable to the Act in the sums so payable under any other enactment.— [Huw Irranca-Davies.]
COMPANY LAW REFORM BILL [ LORDS ] [WAYS AND MEANS]
Motion made, and Question put forthwith, pursuant to Standing Order No. 52(1)(a) (Money resolutions and ways and means resolutions in connection with bills),
That, for the purposes of any Act resulting from the Company Law Reform Bill [ Lords], it is expedient to authorise—
(1) fees or charges,
(2) a levy for meeting expenses of the Panel on Takeovers and Mergers,
(3) the amendment of section 17 of the Companies (Audit, Investigations and
Community Enterprise) Act 2004, and
(4) the payment of sums into the Consolidated Fund.— [Huw Irranca-Davies.]
petition
Cross Valley Development
10.15 pm
Mr. Brian Binley (Northampton, South) (Con): My petition was organised by Mr. Michael Green and Mr. Nigel Williams of Kislingbury, and is signed by residents of Kislingbury, Rothersthorpe, Harpole and other parts of Northamptonshire. It declares
that the Environment Agency has no authority to base flood risk advice for the CVLR
and development on the Easter 1998 floodplain, given it is a lower assessment than the 1947 floodplain consideration and subsequent assessments in 1978 and 1999. The Petitioners, therefore, request that the House of Commons call upon the Environment, Food and Rural Affairs Select Committee to investigate why the Environment Agency has changed its advice without the authority to do so.
Anonymity of Defendants (Michael McCartney)
Motion made, and Question proposed, That this House do now adjourn. —[Huw Irranca-Davies.]
10.17 pm
Ben Chapman (Wirral, South) (Lab): I am delighted to have secured this debate on anonymity for defendants and the case of Mike McCartney. Mike McCartney is a well-known and respected member of the Merseyside community, and far beyond. He is the cultural ambassador for Wirral and a successful photographer, and in the 1960s was a member of the group Scaffold.
As its title suggests, I wanted to secure this debate both because of the individual circumstances and because of an important principle that I believe needs to be examined. I shall deal first with the specifics of Mr. McCartney’s case, and secondly with the more general issue of anonymity under the law.
In September 2004, the allegation was made against Mr. McCartney that he had sexually assaulted a young girl at a family party near his home in Wirral. The actual charge was “sexual touching”. Since then, until the case was thrown out of court in February this year, Mr. McCartney’s life has been what he has described as a “living hell”. Because he is the brother of Sir Paul, the media coverage was blanket and hysterical. The News of the World, for example, ran a story headed “Macca’s Brother Sex Rap”. The Daily Mail headline was “I’m famous...don’t you know who I am?”, and a comment piece associated his name with other alleged celebrity tantrums. The rest of the national and regional press then devoted extensive column inches to the story, and included all the salacious details of the allegations.
Needless to say, that had a devastating impact on Mr McCartney’s family. He received hate mail, he did not dare to go to the shops and his children were taunted. But the trial, when it was eventually brought after a delay of nearly 18 months, was a waste of time and money. The judge said as much. He also said:
“This case was a misunderstanding from the word go, and should never have been prosecuted”.
“a man of exemplary character, has had the matter hanging over his head”,
He said that the case had been passed on because no one wanted to come to grips with it and wanted to put it off, and added:
“It is quite inexcusable and makes a mockery of legal proceedings and...is a waste of valuable court time”.
The trial is “guestimated” to have cost more than £200,000 of public money, the full amount—unusually, I understand—being charged to the Crown Prosecution Service. That means that it was charged to the taxpayer—to you and me. There are clearly questions about why the case was thought to be a runner. As the judge made clear, it failed not because of a technicality or discrepancies in the evidence, but because there was no case to answer. Given that the CPS has, in my view, made mistakes, might not its handling of the case be investigated?
The judge said that the delay of almost 18 months occurred because the case was known to be weak and no one desired to take it on. Therefore, it was passed between Cheshire, Merseyside and Manchester. Rightly, the judge dismissed that as “lame”. As he pointed out, with such charges hanging over the defendant, the delays were simply unacceptable. To add insult to injury—and, it appears, possibly to extricate themselves from the tricky situation they found themselves in—the prosecuting counsel informed the judge on the morning of the trial that they would be willing to drop the case were an apology from Mr. McCartney to be forthcoming. However, as the judge admonished,
“this is an offence that carries a maximum 10 years imprisonment. It is not a matter to be treated lightly, it is not a matter to be negotiated away.”
I now turn, after those details of the particular circumstances, to the generality of the anonymity principle, to which the Government and Parliament as the law makers could and should make a fundamental difference. As I hope I have amply demonstrated, Mr. McCartney's name has been dragged through the mud, and the problem with mud is that it has a tendency to stick. The acquittal received far less attention than the charges, despite the judge's hopes to the contrary. Not surprisingly perhaps, the impression made by much of the coverage is, and was, that there was no smoke without fire. People quite naturally would often rather be on the safe side than associate themselves with someone who had been accused of sexual offences. It is the residual doubt and the taint that matter. We are not, unfortunately, left with a blank canvas, but with a damaged individual and family.
This is not, of course, a new issue, nor is it a simple one. I should say at the outset that it is right that complainants should enjoy anonymity. What Mr. McCartney is asking for—in my view with a substantial degree of justification—is some equality. We may be in a slightly better position now than a few years ago. I pay tribute to my hon. Friend the Member for Crosby (Mrs. Curtis-Thomas) for her tireless efforts on behalf of teachers and carers falsely accused of sexual abuse. Indeed, a number of organisations are campaigning for the interests of the falsely accused—Falsely Accused Carers and Teachers, or FACT, Supporting All Falsely Accused with Reference Information, or SAFARI, and the False Allegations Support Organisation, to name but three. They campaign across a diverse range of issues within that broad area, including anonymity, although some of their aims in that respect differ.
The Association of Chief Police Officers guidance now states that details of an allegation should not be released by the media until a defendant is charged. By and large, the guidance has been followed, although I cannot see why it should not be strengthened. However, because it applies only until charge, it was as good as useless in the case of Mr. McCartney. Indeed, once the charge was made, it was open season as far as the media were concerned. That is perhaps understandable, if not excusable.
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