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The House met at half-past Two o'clock.
PRAYERS.
1 Regulatory Reform,—Andrew Miller reported from the Regulatory Reform Committee the following Resolution:
That the draft Legislative Reform (Health and Safety Executive) Order 2008, which was laid before this House on Monday 18th February should be proceeded with unamended.
2 Disabled Persons (Independent Living) Bill [Lords],—The Disabled Persons (Independent Living) Bill [Lords] was read the first time; and ordered to be read a second time on Friday 16th May and to be printed [Bill 84].
3 Autumn Bank Holiday,—A Motion was made, and the Question being proposed, That leave be given to bring in a Bill to introduce a bank holiday in the Autumn—(Shona McIsaac);
And the Motion being opposed, after permitting a short explanatory statement from the Member who made the Motion and from a Member who opposed it, the Speaker put the Question, pursuant to Standing Order No. 23 (Motions for leave to bring in bills and nomination of select committees at commencement of public business):—It was agreed to.
Ordered, That Shona McIsaac, Mr David Amess, Gordon Banks, Mr Ian Cawsey, Mr Martyn Jones, Dr Stephen Ladyman, Rob Marris, Mr Gordon Marsden, Sarah McCarthy-Fry, Mr Adrian Sanders, Lynda Waltho and Derek Wyatt do prepare and bring in the Bill.
4 Autumn Bank Holiday Bill,—Shona McIsaac accordingly presented a Bill to introduce a bank holiday in the Autumn: And the same was read the first time; and ordered to be read a second time on Friday 7th March and to be printed [Bill 82].
5 European Union (Amendment) Bill,—The Order of the Day being read for the Committee on the European Union (Amendment) Bill;
A Motion was made, and the Question being proposed, That it be an Instruction to the Committee on the European Union (Amendment) Bill that it have power to make provision in the Bill for the holding of a referendum on the United Kingdom's continued membership of the European Union—(Mr Edward Davey);
Tony Cunningham rose in his place and claimed to move, That the Question be now put.
And the Question being put, That the Question be now put:—It was agreed to.
And the Question being accordingly put;
The House divided.
Tellers for the Ayes, Mr Roger Williams, Jenny Willott: 68.
Tellers for the Noes, Mr Frank Roy, Steve McCabe: 471.
So the Question was negatived.
The House, according to Order, again resolved itself into a Committee on the European Union (Amendment) Bill.
(In the Committee)
Clause No. 6 (Parliamentary control of decisions).
Amendment (No. 48) proposed, in page 2, line 39, to leave out subsection (1) and insert the words—
'(1A) A Minister of the Crown shall vote against or otherwise reject a proposed decision in the European Council or the Council to be taken by unanimity that would or could create obligations on the United Kingdom, unless Parliamentary approval for the decision has been given in accordance with this section.
(1B) A Minister of the Crown shall vote against or otherwise reject a proposed decision in the European Council or the Council in an area made subject to qualified majority voting by the Treaty of Lisbon, and which would or could create obligations on the United Kingdom, unless Parliamentary approval for the decision has been given in accordance with this section.
(1C) Any decision adopted by the European Council or the Council by unanimity, or in an area made subject to qualified majority voting by the Treaty of Lisbon, shall not create an enforceable European Union right, European Union obligation or an object of the European Union for the purposes of section 2 of the European Communities Act 1972 if Parliamentary approval was not given for a Minister of the Crown to support that decision in accordance with this section.
(1D) This section shall apply notwithstanding section 2 of the European Communities Act 1972.
(1E) In this section, "the European Council" means that European Union institution founded on Article 15 of the Treaty on European Union, and "the Council" means that European Union institution founded on Article 16 of the Treaty on European Union.'.—(Mr David Heathcoat-Amory.)
Question proposed, That the Amendment be made:—Amendment, by leave, withdrawn.
Another Amendment (No. 286) proposed, in page 2, line 39, at the beginning to insert the words—
'(A1) The Prime Minister may not attend a meeting of the European Council without having laid before Parliament a statement on their negotiating mandate and receiving Parliamentary approval in accordance with this section.
(A2) A Minister of the Crown may not attend a meeting of any configuration of the Council (within the meaning of Article 9C of the Treaty on European Union) without having laid before Parliament a statement on their negotiating mandate and receiving Parliamentary approval in accordance with this section.
(A3) A Minister of the Crown may not vote in favour of or otherwise support any legislative measure under any article of the Treaty on European Union or the Treaty on the Functioning of the European Union that relates to the internal market, if it applies to, or could be applied in relation to, any of the following, unless Parliamentary approval has been given in accordance with this section:
(a) health services provided by any NHS body,
(b) the statutory system of public education,
(A4) A Minister of the Crown may not vote either in favour of or against or otherwise support or oppose any legislative measure under Article 153 of the Treaty on the Functioning of the European Union, unless Parliamentary approval has been given in accordance with this section.
(A5) A Minister of the Crown may not authorise any person to represent the United Kingdom at a meeting of the special committee to assist the Commission in negotiating agreements with international organisations or third countries established in Article 188C of the Treaty on the Functioning of the European Union without having laid before Parliament a statement on their negotiating mandate; and where any person represents the United Kingdom at such a meeting, the Secretary of State shall lay before Parliament a statement on the matters discussed at the meeting, the positions taken by all persons representing the United Kingdom and the outcomes of the meeting, within 30 days of the meeting taking place.'.—(Jon Trickett.)
Question put, That the Amendment be made.
The Committee divided.
Tellers for the Ayes, Jeremy Corbyn, Kelvin Hopkins: 57.
Tellers for the Noes, Mr Frank Roy, Steve McCabe: 329.
Another Amendment (No. 47) proposed, in page 2, line 39, to leave out the words 'may not vote in favour of or otherwise support' and insert the words 'shall vote against or otherwise reject'.—(Mr David Heathcoat-Amory.)
Question put, That the Amendment be made.
The Committee divided.
Tellers for the Ayes, James Duddridge, Jeremy Wright: 245.
Tellers for the Noes, Mr Frank Roy, Steve McCabe: 305.
Another Amendment (No. 19) proposed, in page 3, to leave out lines 21 to 35.—(Mr William Hague.)
Question proposed, That the Amendment be made.
And it being six hours after the commencement of proceedings in the Committee, the Chairman put the Question, pursuant to Orders [28th January and 3rd March]:—It was negatived.
The Chairman then put the Question on an Amendment selected for separate decision.
Another Amendment (No. 20) proposed, in page 3, line 21, to leave out from the word 'given' to end of line 35 and insert the words 'by Act of Parliament'.—(Mr William Hague.)
Question put, That the Amendment be made.
The Committe divided.
Tellers for the Ayes, Jeremy Wright, James Duddridge: 240.
Tellers for the Noes, Mr Frank Roy, Steve McCabe: 307.
The Chairman then put the remaining Question necessary to dispose of the business to be decided at that hour.
Question put, That Clauses Nos. 6 and 7 stand part of the Bill.
The Committee divided.
Tellers for the Ayes, Mr Frank Roy, Steve McCabe: 301.
Tellers for the Noes, Jeremy Wright, James Duddridge: 238.
Whereupon the Chairman left the Chair to report progress and ask leave to sit again.
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The Deputy Speaker resumed the Chair; and Mr Wayne David 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.
6 Public Petitions,—Public Petitions from—
(1) residents of Neithrop relating to Post Office closures (Oxfordshire); and
(2) residents of Castle Point and others relating to support for the Armed Forces
7 Adjournment.
Subject: Proscription of the People's Mujahedeen Organisation of Iran (Mr David Amess).
A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr Wayne David);
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 sixteen minutes to Twelve o'clock, till to-morrow.
[Adjourned at 11.44 p.m.
Michael J. Martin
Speaker
Mr Speaker will take the Chair at half-past Eleven o'clock.
APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Negative Resolution:
1 Clean Air,—(1) Smoke Control Areas (Authorised Fuels) (England) Regulations 2008 (S.I., 2008, No. 514); and
(2) Smoke Control Areas (Exempted Fireplaces) (England) Order 2008 (S.I., 2008, No. 515),
dated 27th February 2008 [by Act], with Explanatory Memoranda thereon [by Command] [Secretary Hilary Benn].
2 Family Law,—Child Support (Miscellaneous Amendments) Regulations 2008 (S.I., 2008, No. 536), dated 27th February 2008 [by Act], with an Explanatory Memorandum and Impact Assessment [by Command] [Secretary James Purnell].
3 National Health Service,—Health and Social Care Information Centre (Transfer of Staff, Property and Liabilities) Order 2008 (S.I., 2008, No. 519), dated 27th February 2008 [by Act], with an Explanatory Memorandum [by Command] [Secretary Alan Johnson].
4 Police,—Supply of Information (Register of Deaths) (England and Wales) Order 2008 (S.I., 2008, No. 570), dated 3rd March 2008 [by Act], with an Explanatory Memorandum and Impact Assessment [by Command] [Angela Eagle].
5 Social Security,—Social Security Pensions (Home Responsibilities) Amendment Regulations 2008 (S.I., 2008, No. 498), dated 27th February 2008 [by Act], with an Explanatory Memorandum [by Command] [Secretary James Purnell].
Other Papers:
6 Defence,—Ministry of Defence Minute, dated 4th March 2008, concerning the gifting of equipment to the Government of Afghanistan [by Command] [Secretary Des Browne].
7 Energy,—Statement of the Nuclear Decommissioning Funding Account for 2006-07, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 382] [Mr Secretary Hutton].
8 National Audit,—Fifteenth Report of the Public Accounts Commission [by Act]; to be printed [No. 402] [Mr Alan Williams].
9 Northern Ireland,—Secretary of State's Third Report under section 11(1) of the Northern Ireland (Monitoring Commission etc.) Act 2003, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 403] [Mr Secretary Woodward].
APPENDIX II
Reports from Select Committees
1 Administration,—Record of the Administration Committee's discussions at its meeting on 4th March; to be published [Mr Frank Doran].
2 Business, Enterprise and Regulatory Reform,—The Department for Business, Enterprise and Regulatory Reform Spring Supplementary Estimate: Minutes of Evidence taken before the Business, Enterprise and Regulatory Reform Committee; to be printed [No. 394-i] [Peter Luff].
3 Communities and Local Government,—Community Cohesion and Migration: Minutes of Evidence taken before the Communities and Local Government Committee; to be printed [No. 369-ii] [Dr Phyllis Starkey].
4 Culture, Media and Sport,—Harmful content on the Internet and in video games: Minutes of Evidence taken before the Culture, Media and Sport Committee; to be printed [No. 353-ii] [Mr John Whittingdale].
5 Defence,—(1) Operational costs in Afghanistan and Iraq: Spring Supplementary Estimate 2007-08: Eighth Report from the Defence Committee, with Memoranda; to be printed, with the Minutes of Proceedings of the Committee relating to the Report, and a Memorandum reported and ordered to be published on 19th February [No. 400]; and
(2) The future of NATO and European defence: Ninth Report from the Committee, with Memoranda; to be printed, with the Minutes of Proceedings of the Committee relating to the Report, and Memoranda reported and ordered to be published on 19th June, 11th December and 15th January [No. 111]
6 Environmental Audit,—(1) Post-Kyoto: The International context for progress on climate change: Minutes of Evidence taken before the Committee; to be printed [No. 355-ii]; and
(2) Are biofuels sustainable?: Memoranda laid before the Committee; to be published
7 Home Affairs,—Domestic Violence: Minutes of Evidence taken before the Home Affairs Committee; to be printed [No. 263-v] [Keith Vaz].
8 Human Rights,—Data Protection and Human Rights: Fourteenth 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. 132] [Mr Andrew Dismore].
9 Justice,—(1) Counter-Terrorism Bill: Third Report from the Justice Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 405];
(2) Protection of Private Data: Government Response to the First Report from the Committee: Third Special Report from the Committee; to be printed [No. 406]; and
(3) Consultation Sentencing Guideline: Causing Death by Driving: Minutes of Evidence taken before the Committee; to be printed [No. 407-i]
10 International Development,—Co-ordination for Aid Effectiveness: Memoranda laid before the Committee; to be published [Hugh Bayley].
11 Regulatory Reform,—Draft Legislative Reform (Health and Safety Executive) Order 2008: Second Report from the Regulatory Reform Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 398] [Andrew Miller].
12 Scottish Affairs,—Employment and skills for the defence industry in Scotland: Minutes of Evidence taken before the Scottish Affairs Committee; to be printed [No. 305-ii] [Mr Mohammad Sarwar].
13 Treasury,—Financial Reporting and the National Accounts: Minutes of Evidence taken before the Treasury Committee; to be printed [No. 397-i] [John McFall].
14 Welsh Affairs,—The provision of cross-border public services for Wales:
(1) Minutes of Evidence taken before the Welsh Affairs Committee; to be printed [No. 401-i]; and
(2) Memoranda laid before the Committee; to be published
[W.H., No. 36]
Minutes of Proceedings of the Sitting in Westminster Hall
The sitting began at half-past Nine o'clock.
Adjournment.
Free range produce and animal welfare (Mr Mark Oaten).
Future of the Post Office network in Lancashire (Mr Lindsay Hoyle).
Proposed eco-town development at Ford, West Sussex (Mr Nick Gibb).
Government policy on alcohol-related crime and anti-social behaviour (Helen Jones).
Norfolk Fire and Rescue Service (Mr Christopher Fraser).
Resolved, That the sitting be now adjourned.—(Mr Alan Campbell.)
And accordingly the sitting was adjourned till to-morrow.
[Adjourned at 1.59 p.m.
Sir Alan Haselhurst
Deputy Speaker
CHAIRMEN'S PANEL
In pursuance of Standing Order No. 4 (Chairmen's Panel), the Speaker has nominated Robert Key and Joan Walley to be members of the Chairmen's Panel during this Session and discharged Mr David Marshall from the Panel.
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