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House of Commons Votes and Proceedings
Monday 10th December 2007

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

PRAYERS.

1    First Delegated Legislation Committee,—Sir Nicholas Winterton reported from the First Delegated Legislation Committee the draft Immigration and Nationality (Fees) (Amendment) Order 2007.

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

2    Second Delegated Legislation Committee,—Mr Martin Caton reported from the Second Delegated Legislation Committee the draft Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007.

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

3    Third Delegated Legislation Committee,—Mr Greg Pope reported from the Third Delegated Legislation Committee the draft European Communities (Definition of Treaties) (Agreement on Enlargement of the European Economic Area) Order 2007.

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

4    Drugs (Reclassification) Bill,—Mr Christopher Chope, supported by Mr Peter Bone, Mr William Cash, Philip Davies, Mr Nigel Evans, Mr David Heathcoat-Amory, Mr Robert Syms and Sir Nicholas Winterton, presented a Bill to provide for the reclassification of cannabis: And the same was read the first time; and ordered to be read a second time on Friday 29th February and to be printed [Bill 37].

5    Drugs (Roadside Testing) Bill,—Mr Christopher Chope, supported by Mr Peter Bone, Mr William Cash, Philip Davies, Mr Nigel Evans, Richard Ottaway, Mr Greg Knight, Mr Graham Stuart, Peter Viggers, Sir George Young and Sir Nicholas Winterton, presented a Bill to make provision for roadside testing for illegal drugs; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 9th May and to be printed [Bill 38].

6    Broadcasting (Television Licence Fee Abolition) Bill,—Mr Christopher Chope, supported by Mr Peter Bone, Mr William Cash, Mr Nigel Evans, Philip Davies, Mr Mark Field, Mr David Heathcoat-Amory, Bob Spink and Mr Robert Syms, presented a Bill to make provision for the abolition of the television licence fee; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 17th October and to be printed [Bill 39].

7    Sovereignty of Parliament (European Communities) Bill,—Mr Christopher Chope, supported by Mr Peter Bone, Mr William Cash, Philip Davies, Mr Nigel Evans, Mr David Heathcoat-Amory, Bob Spink, Mr Robert Syms, Mr Andrew Turner, Peter Viggers and Sir Nicholas Winterton, presented a Bill to provide that Community treaties, Community instruments and Community obligations shall only be binding in legal proceedings in the United Kingdom insofar as they do not conflict with a subsequent, expressly inconsistent enactment of the Parliament of the United Kingdom: And the same was read the first time; and ordered to be read a second time on Friday 13th June and to be printed [Bill 40].

8    European Union (Audit of Benefits and Costs of UK Membership) Bill,—Mr Christopher Chope, supported by Mr Peter Bone, Mr William Cash, Mr Nigel Evans, Mr David Heathcoat-Amory, Bob Spink, Mr Robert Syms, Mr Andrew Turner, Peter Viggers and Sir Nicholas Winterton, presented a Bill to establish a Commission to carry out regular audits of the economic costs and benefits of the UK's membership of the European Union; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 20th June and to be printed [Bill 41].

9    Road Traffic (Congestion Reduction) Bill,—Mr Christopher Chope, supported by Mr Peter Bone, Mr William Cash, Sir Patrick Cormack, Philip Davies, Mr Mark Field, Mr David Heathcoat-Amory, Mr Greg Knight, Bob Spink, Sir Nicholas Winterton and Sir George Young, presented a Bill to place a duty on highway authorities and police forces to minimise congestion and delays caused by collisions and other incidents on the highway; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 13th June and to be printed [Bill 42].

10    Crown Employment (Nationality) Bill,—Mr Andrew Dismore, supported by Dr Tony Wright, Mr Andrew Slaughter, Annette Brooke, Mr Andrew Love, Keith Vaz, Ms Karen Buck, Mr Virendra Sharma, Mike Gapes, Jeremy Corbyn, Shona McIsaac and Stephen Pound, presented a Bill to make provision for and in connection with the removal of general restrictions as to nationality which apply to persons employed or holding office in any civil capacity under the Crown; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 6th June and to be printed [Bill 43].

    Ordered, That the Explanatory Notes relating to the Crown Employment (Nationality) Bill be printed [Bill 43-EN].

11    Pedlars (Street Trading Regulation) Bill,—Dr Brian Iddon, supported by Mr David Amess, Jim Dobbin, Mr Lindsay Hoyle, Mark Hunter, Mr Eric Illsley, Martin Salter, Alan Simpson, Anne Snelgrove, Mr Phil Willis and Sir Nicholas Winterton, presented a Bill to confer further powers on local authorities for the regulation of street trading by pedlars; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 1st February and to be printed [Bill 44].

12    Planning Bill,—The Order of the day being read, for the Second Reading of the Planning Bill;

    And a Motion being made, and the Question being proposed, That the Bill be now read a second time;

    An Amendment was proposed to the Question, to leave out from the word 'That' to the end of the Question and add the words 'this House declines to give a Second Reading to the Planning Bill because, whilst there is a need to speed up the planning system and undo the extra bureaucracy introduced in the 2004 Act, the Bill creates a new Infrastructure Planning Commission (IPC) which is fundamentally undemocratic and unaccountable to both local and national elected representatives, deprives Parliament of the ability to approve, amend or reject National Planning Statements and fails to guarantee that all revenues from the Community Infrastructure Levy will be fully retained by local authorities; and because the combination of the IPC, the Homes and Communities Agency and more powerful regional development agencies represents the systematic dismantling of local democracy to the detriment of the local environment and local accountability', instead thereof.—(Mr Eric Pickles.)

    And the Question being put, That the Amendment be made;

The House divided.

      Tellers for the Ayes, Mr John Baron, Mr Nick Hurd: 215.

      Tellers for the Noes, Mr Michael Foster, Mr Frank Roy: 281.

So the Question was negatived.

    And the Main Question being put forthwith, pursuant to Standing Order No. 62 (Amendment on second or third reading);

The House divided.

      Tellers for the Ayes, Mr Frank Roy, Mr Michael Foster: 276.

      Tellers for the Noes, Mr John Baron, Mr Nick Hurd: 212.

So the Question was agreed to.

    The Bill was accordingly read a second time.

13    Planning Bill (Programme),—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 83A (Programme motions), That the following provisions shall apply to the Planning Bill:

Committal

    1. The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

    2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 5th February 2008.

    3. The Public Bill 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 Lords Amendments or on any further messages from the Lords) may be programmed—(Liz Blackman);

The House divided.

      Tellers for the Ayes, Mr Frank Roy, Mr Michael Foster: 309.

      Tellers for the Noes, Mr John Baron, Mr Nick Hurd: 152.

So the Question was agreed to.

14    Planning Bill [Money],—Her Majesty's Recommendation having been signified to the proposed Motion relating to Planning Bill [Money];

    A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Planning Bill, it is expedient to authorise the payment out of money provided by Parliament of—

    (1) any expenditure incurred under or by virtue of the Act by the Secretary of State, and

    (2) any increase attributable to the Act in the sums payable out of money so provided under or by virtue of any other Act—(Liz Blackman):—It was agreed to.

15    Planning Bill [Ways and Means],—A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Planning Bill, it is expedient to authorise—

    (1) the charging of fees, and

    (2) the imposition of a Community Infrastructure Levy—(Liz Blackman):—It was agreed to.

16    Welsh Grand Committee,—Ordered, That—

    (1) the matter of the Government's Legislative Programme as outlined in the Queen's Speech as it relates to Wales and Public Expenditure in Wales be referred to the Welsh Grand Committee for its consideration;

    (2) the Committee shall meet at Westminster on Wednesday 12th December at nine o'clock and between two o'clock and four o'clock to consider the matter referred to it under paragraph (1) above.—(Liz Blackman.)

17    Health,—Ordered, That Mike Penning be discharged from the Health Committee and Mr Peter Bone be added.—(Rosemary McKenna, on behalf of the Committee of Selection.)

18    Adjournment.

    Subject: 2012 Olympics and the North East (Dr Ashok Kumar).

    Resolved, That this House do now adjourn.—(Liz Blackman.)

    And accordingly, the House, having continued to sit till one minute to Eleven o'clock, adjourned till to-morrow.

[Adjourned at 10.59 p.m.

Michael J. Martin

Speaker


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


APPENDIX I

Papers presented or laid upon the Table:

Papers presented by Her Majesty's Command and delivered to the Votes and Proceedings Office on Friday 7th December 2007 pursuant to Standing Order No. 158 (Presentation of command papers):

1    Children, Schools and Families,—Department for Children, Schools and Families: Autumn Performance Report [Cm. 7279] [Secretary Ed Balls].

Papers delivered to the Votes and Proceedings Office on Friday 7th December 2007 pursuant to Standing Order No. 159 (Presentation of statutory instruments):

Papers subject to Negative Resolution:

2    Agriculture,—Milk and Milk Products (Pupils in Educational Establishments) (England) (Amendment) Regulations 2007 (S.I., 2007, No. 3429), dated 1st December 2007, with an Explanatory Memorandum [Secretary Hilary Benn].

3    Consumer Protection,—Cosmetic Products (Safety) (Amendment) (No. 3) Regulations 2007 (S.I., 2007, No. 3452), dated 6th December 2007, with an Explanatory Memorandum and Impact Assessment [Mr Secretary Hutton].

4    Corporation Tax,—(1) Insurance Companies (Overseas Life Assurance Business) (Excluded Business) (Amendment No. 2) Regulations 2007 (S.I., 2007, No. 3445); and

    (2) Overseas Life Insurance Companies (Amendment No. 2) Regulations 2007 (S.I., 2007, No. 3449),

    dated 6th December 2007, with Explanatory Memoranda thereon [Kitty Ussher].

5    Environmental Protection,—Controls on Dangerous Substances and Preparations (Amendment) (No. 2) Regulations 2007 (S.I., 2007, No. 3438), dated 6th December 2007, with an Explanatory Memorandum and Impact Assessment [Secretary Hilary Benn].

6    Food,—Drinking Milk (Amendment) (England) Regulations 2007 (S.I., 2007, No. 3428), dated 1st December 2007, with an Explanatory Memorandum [Secretary Hilary Benn].

7    Value Added Tax,—Value Added Tax (Reduced Rate) (No. 2) Order 2007 (S.I., 2007, No. 3448), dated 6th December 2007, with an Explanatory Memorandum [Jane Kennedy].

Papers presented or laid upon the Table on Monday 10th December 2007:

Paper subject to Affirmative Resolution:

8    Corporation Tax,—Draft Insurance Business Transfer Schemes (Amendment of Corporation Tax Acts) Order 2008 [by Act], with an Explanatory Memorandum [by Command] [Kitty Ussher].

Papers subject to Negative Resolution:

9    Defence,—(1) Courts-Martial (Army) Rules 2007 (S.I., 2007, No. 3442);

    (2) Courts-Martial (Royal Air Force) Rules 2007 (S.I., 2007, No. 3444); and

    (3) Courts-Martial (Royal Navy) Rules 2007 (S.I., 2007, No. 3443),

    dated 6th December 2007 [by Act], with Explanatory Memoranda thereon [by Command] [Secretary Des Browne].

10    Education,—(1) Education (Student Support) (European Institutions) (Amendment) Regulations 2007 (S.I., 2007, No. 3344), dated 26th November 2007; and

    (2) Salisbury College (Dissolution) Order 2007 (S.I., 2007, No. 3473), dated 3rd December 2007

    [by Act], with Explanatory Memoranda thereon [by Command] [Secretary Ed Balls].

11    Environmental Protection,—Greenhouse Gas Emissions Trading Scheme (Amendment No. 2) Regulations 2007 (S.I., 2007, No. 3433), dated 4th December 2007 [by Act], with an Explanatory Memorandum [by Command] [Secretary Hilary Benn].

12    Immigration,—(1) Immigration, Asylum and Nationality Act 2006 (Data Sharing Code of Practice) Order 2007 (S.I., 2007, No. 3427), dated 13th November 2007; and

    (2) Immigration, Asylum and Nationality Act 2006 (Data Sharing Code of Practice) (Revocation) Order 2007 (S.I., 2007, No. 3447), dated 5th December 2007

    [by Act], with Explanatory Memoranda thereon [by Command] [Secretary Jacqui Smith].

13    Metropolitan and City Police Districts,—Private Hire Vehicles (London) (Transitional Provisions) (Amendment) Regulations 2007 (S.I., 2007, No. 3453), dated 6th December 2007 [by Act], with an Explanatory Memorandum [by Command] [Secretary Ruth Kelly].

14    Plant Health,—Plant Health (Forestry) (Phytophthpra ramorum) (Great Britain) (Amendment) Order 2007 (S.I., 2007, No. 3450), dated 6th December 2007 [by Act], with an Explanatory Memorandum [by Command] [Secretary Hilary Benn].

15    Police,—(1) Police Service of Northern Ireland Pensions (Amendment No. 2) Regulations 2007 (S.R. (N.I.), 2007, No. 485), dated 27th November 2007 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Woodward];

    (2) Police Service of Northern Ireland Pensions (Amendment) Regulations 2007 (S.R. (N.I.), 2007, No. 484), dated 27th November 2007 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Woodward]; and

    (3) Supply of Information (Register of Deaths) Regulations 2007 (S.I., 2007, No. 3460), dated 6th December 2007 [by Act], with an Explanatory Memorandum and Impact Assessment [by Command] [Angela Eagle].

16    Universities of Oxford and Cambridge,—Statute, dated 14th February 2007, made by the Governing Body of St. Hilda's College in the University of Oxford, amending the Statutes of the College [by Act], with an Explanatory Memorandum [by Command] [Clerk of the House].

Other Papers:

17    Animal Health,—Department for the Environment, Food and Rural Affairs: Framework Response Plan for Exotic Animal Diseases for Foot and Mouth Disease, Avian Influenza, Newcastle Disease, Classical Swine Fever, African Swine Fever, Swine Vesicular Disease, Rabies, Bluetongue, Specified Types of Equine Exotic Diseases: Glanders, Dourine, Infectious Anaemia and Equine Encephalomyelitis (of all types including West Nile Virus) and Overview of Emergency Preparedness for Exotic Animal Diseases [by Act] [Secretary Hilary Benn].

18    Energy,—Energy Act 2004 (Designation of Publicly Owned Companies) Order 2007 (S.I., 2007, No. 3479), dated 9th December 2007 [by Act] [Mr Secretary Hutton].

19    Immigration,—Immigration (Designation of Travel Bans) (Amendment) Order 2007 (S.I., 2007, No. 3440), dated 5th December 2007 [by Act], with an Explanatory Memorandum [by Command] [Secretary Jacqui Smith].

20    Medical,—Report and Accounts of the General Medical Council for 2006 [by Act] [Secretary Jack Straw].

21    National Audit,—Reports by the Comptroller and Auditor General on

    (1) Department for Environment, Food and Rural Affairs and the Rural Payments Agency: A progress update in resolving the difficulties in administering the Single Payment Scheme in England; and

    (2) Partnering for success: Preparing to deliver the 14-19 education reforms in England

    [by Act]; to be printed [Nos. 10 and 99] [Clerk of the House].

22    National Health Service,—Report on the NHS Summarised Accounts 2006-07: Achieving Financial Balance and Summarised Accounts of Strategic Health Authorities, Primary Care Trusts and NHS Trusts in England, for 2006-07, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 129-I and -II] [Clerk of the House].

23    Prevention and Suppression of Terrorism,—Explanatory Memorandum to the Terrorism Act 2000 (Business in the Regulated Sector and Supervisory Authorities) Order 2007 (S.I., 2007, No. 3288) [by Command] [Kitty Ussher].

24    Proceeds of Crime,—Explanatory Memorandum to the Proceeds of Crime Act 2002 (Business in the Regulated Sector and Supervisory Authorities) Order 2007 (S.I., 2007, No. 3287) [by Command] [Kitty Ussher].

25    Statutory Instruments (Notification),—Communication declaring that the undermentioned Statutory Instrument had come into operation before copies were laid before Parliament, and explaining why such copies had not been so laid before the Instrument came into operation:

    Export and Movement Restrictions (Foot-and-Mouth Disease) (No. 2) Regulations 2007 (S.I. 2007, No. 3435)

    [by Standing Order] [The Speaker].

Papers withdrawn:

26    Prevention and Suppression of Terrorism,—Explanatory Memorandum to the Terrorism Act 2000 (Business in the Regulated Sector and Supervisory Authorities) Order 2007 (S.I., 2007, No. 3288) [laid 20th November].

27    Proceeds of Crime,—Explanatory Memorandum to the Proceeds of Crime Act 2002 (Business in the Regulated Sector and Supervisory Authorities) Order 2007 (S.I., 2007, No. 3287) [laid 20th November].

APPENDIX II

General Committees

1    Housing and Regeneration Bill,—The Committee of Selection has discharged Joan Walley from the Housing and Regeneration Bill Committee and nominated in substitution Lyn Brown.

2    Draft Immigration and Nationality (Fees) (Amendment) Order 2007,—The Committee of Selection has discharged Mrs Ann Cryer, Martin Salter and Geraldine Smith from the First Delegated Legislation Committee (nominated in respect of the draft Order) and nominated in substitution Hilary Armstrong, Jim Dobbin and Mr Jamie Reed.

3    Draft Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007,—The Committee of Selection has discharged Mr Ronnie Campbell and Mr Ian Davidson from the Second Delegated Legislation Committee (nominated in respect of the draft Regulations) and nominated in substitution Jeff Ennis and Mr Robert Flello.

4    Draft European Communities (Definition of Treaties) (Agreement on Enlargement of the European Economic Area) Order 2007,—The Committee of Selection has discharged Mr Mike Hall from the Third Delegated Legislation Committee (nominated in respect of the draft Order) and nominated in substitution Dan Norris.

5    Draft Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007,—The Committee of Selection has discharged Helen Southworth, Mr Don Touhig and Mr Anthony Wright from the Fourth Delegated Legislation Committee (nominated in respect of the draft Regulations) and nominated in substitution Shona McIsaac, Chris Mole and Jessica Morden.

    Grand Committees

6    Welsh Grand Committee,—The Committee of Selection has discharged Angela Watkinson from the Welsh Grand Committee and nominated in substitution Mrs Cheryl Gillan.

    European Standing Committees

7    European Union Document No. 11559/07, relating to Funding of Political Parties,—The Committee of Selection has discharged Mr Fraser Kemp, Mrs Maria Miller and Mr Eliot Morley from the European Standing Committee (nominated in respect of the Document) and nominated in substitution Mr Ronnie Campbell, Mr Robert Flello and Mr Graham Stuart.

APPENDIX III

Reports from Select Committees

1    Business, Enterprise and Regulatory Reform,—The UK Construction Industry: Minutes of Evidence taken before the Business, Enterprise and Regulatory Reform Committee; to be printed [No. 127-iii] [Peter Luff].

2    Children, Schools and Families,—Testing and Assessment:

    (1) Minutes of Evidence taken before the Children, Schools and Families Committee; to be printed [No. 169-i]; and

    (2) Memorandum laid before the Committee; to be published

    [Mr Barry Sheerman].

3    Communities and Local Government,—(1) DCLG Annual Report 2007: Second Report from the Communities and Local Government Committee, with Memoranda; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 170]; and

    (2) Housing Green Paper: Memorandum laid before the Committee; to be printed [No. 171]; and Tables; to be published

    [Dr Phyllis Starkey].

4    Environment, Food and Rural Affairs,—Badgers and cattle TB: Final Report of the Independent Scientific Group: Minutes of Evidence taken before the Environment, Food and Rural Affairs Committee; to be printed [No. 130-ii] [Mr Michael Jack].

5    Foreign Affairs,—Overseas Territories: Memoranda laid before the Foreign Affairs Committee on 5th December; to be published [Mike Gapes].

6    Human Rights,—(1) Counter-terrorism Policy and Human Rights: Second Report from the Joint Committee on Human Rights, with Memoranda; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 156];

    (2) Legislative Scrutiny: Memoranda laid before the Committee; to be published, and

    (3) The Treatment of Asylum Seekers: Memorandum laid before the Committee; to be published

    [Mr Andrew Dismore].

7    Public Accounts,—(1) Tackling rural poverty in developing countries: First Report from the Committee of Public Accounts; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 172];

    (2) Prescribing costs in primary care: Second Report from the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 173];

    (3) Building for the future: sustainable construction and refurbishment on the government estate: Third Report from the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 174];

    (4) Building and maintaining river and coastal flood defences: Fourth Report from the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 175]; and

    (5) Foreign and Commonwealth Office: managing risk in overseas territories: Minutes of Evidence taken before the Committee; to be printed [No. 176-i]

    [Mr Edward Leigh].



 
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