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House of Commons Wednesday 31 October 2012 Votes and Proceedings

The House met at 11.30 am. PRAYERS.

1 Questions to (1) the Secretary of State for International Development (2) the Prime Minister

2 European Union Free Movement Directive 2004 (Disapplication): Motion for leave to bring in a Bill (Standing Order No. 23) Motion made and Question proposed, That leave be given to bring in a Bill to disapply the European Union Free Movement Directive 2004/38/EC; and for connected purposes.—(Mr Stewart Jackson.) Motion opposed (Standing Order No. 23(1)). Question put, and agreed to. Ordered, That Mr Stewart Jackson, Heather Wheeler, Mr Frank Field, Priti Patel, Mr Philip Hollobone, Gordon Henderson, Henry Smith, Mr Andrew Turner, Zac Goldsmith, Caroline Nokes, Kate Hoey and Mr James Clappison present the Bill. Mr Stewart Jackson accordingly presented the Bill. Bill read the first time; to be read a second time on Friday 14 December, and to be printed (Bill 86).

3 Local Government Finance Bill (Programme) (No. 3) Motion made and Question put forthwith (Standing Order No. 83A(7)), That the following provisions shall apply to the Local Government Finance Bill for the purpose of supplementing the Orders of 10 January 2012 in the last session (Local Government Finance Bill (Programme)) and 21 May 2012 (Local Government Finance Bill (Programme) (No. 2)):

Consideration of Lords Amendments 1. Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion three hours after their commencement at today’s sitting.

Subsequent stages 2. Any further Message from the Lords may be considered forthwith without any Question being put. 3. The Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.—(Mark Lancaster.) Question agreed to.

4 Local Government Finance Bill: Consideration of Lords Amendments The Speaker announced that Lords Amendments 1, 2, 4, 5, 10 and 19 to 85 engaged Commons financial privilege. 452 Votes and Proceedings: 31 October 2012 No. 59

Lords Amendments 1 and 2 agreed to, with Commons financial privilege waived. Lords Amendment 3 Amendment (a) proposed.—(Helen Jones.) Question put, That the Amendment be made. The House divided. Division No. 90. Ayes: 245 (Tellers: Tom Blenkinsop, Mr David Hamilton). Noes: 312 (Tellers: Mr Robert Syms, Mark Hunter). Question accordingly negatived. Since it was three hours after the commencement of proceedings, the Speaker put the Questions necessary to bring proceedings on consideration of the Lords Amendments to a conclusion (Programme Order, today). The following Questions were put forthwith (Standing Order No. 83F). (1) That this House agrees with the Lords in their Amendment 3 (Question to agree with the Lords Amendment (Standing Order No. 83F(3))). Question agreed to. Lords Amendment 3 accordingly agreed to. (2) That this House agrees with the Lords in their Amendments 4 to 91 (Single Question to agree with all remaining Lords Amendments (Standing Order No. 83F(6))). Question agreed to. Lords Amendments 4 to 91 accordingly agreed to, with Commons financial privilege waived in respects of Lords Amendments 4, 5, 10 and 19 to 85. Title accordingly amended, as follows: A Bill to make provision about non-domestic rating; to make provision about grants to local authorities; to make provision about council tax; to make provision about the supply of information for purposes relating to rates in Northern Ireland; and for connected purposes.

5 Multiannual Financial Framework Motion made and Question proposed, That this House takes note of European Union Documents No. 16844/11, No. 16845/11, No. 16846/11, No. 16847/11, No. 16848/11, No. 6708/12 and Addenda 1 to 3, No. 9007/12, No. 12356/12, and No. 13620/12, relating to the Commission’s proposal on the next Multiannual Financial Framework (MFF), 2014–2020; agrees with the Government that at a time of ongoing economic fragility in Europe and tight constraints on domestic public spending, the Commission’s proposal for substantial spending increases compared with current spend is unacceptable, unrealistic, too large and incompatible with the tough decisions being taken in the UK and in countries across Europe to bring deficits under control and stimulate economic growth; notes that UK contributions to the European Union budget have also risen in recent years due to the 2005 decision to give away parts of the UK rebate; agrees that the next MFF must see significant improvements in the financial management of EU resources by the Commission and by Member States and significant improvements in the value for money of spend; further agrees that the proposed changes to the UK abatement and proposals for new taxes to fund the EU budget are completely unacceptable and an unwelcome distraction from the pressing issues that the EU needs to address; and calls on the Government to seek significant savings to the Commission’s seven year framework, as set out in the Prime Minister’s joint letter with France, Germany, the Netherlands and Finland of 18 December 2010, which stated that ‘payment appropriations should increase, at most, by no more than inflation over the next financial perspectives’.—(Greg Clark.) At 7.00 pm, the Speaker interrupted the proceedings (Order, 29 October). Amendment (a) moved.—(Mark Reckless.) Question put, That the Amendment be made.

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The House divided. Division No. 90. Ayes: 307 (Tellers: Mr Peter Bone, Mr Philip Hollobone). Noes: 294 (Tellers: Karen Bradley, Mark Hunter). Question accordingly agreed to. Main Question, as amended, put and agreed to. Resolved, That this House takes note of European Union Documents No. 16844/11, No. 16845/11, No. 16846/11, No. 16847/11, No. 16848/11, No. 6708/12 and Addenda 1 to 3, No. 9007/12, No. 12356/12, and No. 13620/12, relating to the Commission’s proposal on the next Multiannual Financial Framework (MFF), 2014–2020; agrees with the Government that at a time of ongoing economic fragility in Europe and tight constraints on domestic public spending, the Commission’s proposal for substantial spending increases compared with current spend is unacceptable, unrealistic, too large and incompatible with the tough decisions being taken in the UK and in countries across Europe to bring deficits under control; and so calls on the Government to strengthen its stance so that the next MFF is reduced in real terms.

6 Royal Assent The Speaker reported that the Queen had signified Royal Assent to the following Acts under the Royal Assent Act 1967: European Union (Approval of Treaty Amendment Decision) Act 2012 Infrastructure (Financial Assistance) Act 2012 Local Government Finance Act 2012 Mental Health (Approval Functions) Act 2012.

7 Electoral Commission (Re-appointment of chairman) Motion made and Question put forthwith (Standing Order No. 118(6) and Order, 16 October), That an humble Address be presented to Her Majesty, praying that Her Majesty will re-appoint Jennifer Watson to the office of chairman of the Electoral Commission with effect from 1 January 2013 for the period ending on 31 December 2016.—(Greg Hands.) Question agreed to.

8 Adjournment Subject: Review of firearms controls (Grahame M. Morris). Motion made and Question proposed, That this House do now adjourn.—(Greg Hands.) House adjourned without Question put (Standing Order No. 9(7)).

Adjourned at 7.48 pm until tomorrow.

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Other proceedings

Lords Messages

9 Mental Health (Approval Functions) Bill The Lords agree to the Mental Health (Approval Functions) Bill without amendment.

General Committees: Reports

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10 Mental Health (Discrimination) (No.2) Bill Committee Mr Peter Bone (Chair) reported the Bill without Amendment. Bill, not amended, to be considered on Friday 30 November.

11 Small Charitable Donations Bill Committee John Robertson (Chair) reported: (1) written evidence submitted to the Committee; (2) the Bill with Amendments. Bill, as amended, to be considered tomorrow; and to be printed (Bill 85).

12 Fifth Delegated Legislation Committee Mr Edward Leigh (Chair) reported the draft Official Secrets Act 1989 (Prescription) (Amendment) Order 2012.

General Committees: Appointments The Speaker appoints the Chair of General Committees and members of Programming Sub- Committees, and allocates Statutory Instruments to Delegated Legislation Committees. The Committee of Selection nominates Members to serve on General Committees (and certain Members to serve on Grand Committees).

13 Marine Navigation (No. 2) Bill Committee (1) Chair: Sir Roger Gale (2) Members: Sir Peter Bottomley, Dr Thérèse Coffey, Mr Frank Doran, Jackie Doyle-Price, Bill Esterson, , Jim Fitzpatrick, Andrew George, Mrs Mary Glindon, Stephen Hammond, Stephen Metcalfe, Andrew Miller, Austin Mitchell, , Dr Matthew Offord and Ian Paisley.

14 Prisons (Property) Bill Committee Chair: Dr William McCrea.

15 Public Service Pensions Bill Committee (1) Chairs: Mr Joe Benton and Annette Brooke (2) Members: Debbie Abrahams, Jonathan Ashworth, Lorely Burt, Jackie Doyle-Price, Graham Evans, Mike Freer, Richard Fuller, Mr Nick Gibb, Sheila Gilmore, Greg Hands, John Healey, Cathy Jamieson, Sajid Javid, Andrea Leadsom, Chris Leslie, Alison McGovern, David Mowat, Ian Paisley and Stephen Williams.

16 First Delegated Legislation Committee (Draft Double Taxation Relief and International Tax Enforcement (Bahrain) Order 2012, the draft Double Taxation Relief and International Tax Enforcement (Barbados) Order 2012, the draft Double Taxation Relief and International Tax Enforcement (Singapore) Order 2012, the draft Double Taxation Relief and International Tax Enforcement (Switzerland) Order 2012 and the draft Double Taxation Relief and International Tax Enforcement (Liechtenstein) Order 2012 (1) Chair: Mr Graham Brady (2) Members: Jonathan Ashworth, Nicola Blackwood, Jeremy Corbyn, Mr Jonathan Djanogly, Frank Dobson, Mr Jeffrey M. Donaldson, Jim Dowd, Paul Farrelly, Mr David Gauke, Greg Hands, Mrs Eleanor Laing, Stephen Lloyd, Jason McCartney, Catherine McKinnell, Valerie Vaz, Mike Weatherley, Bill Wiggin and Stephen Williams.

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17 Second Delegated Legislation Committee (Draft Benefit Cap (Housing Benefit) Regulations 2012) (1) Chair: Mr Dai Havard (2) Members: Mr Richard Bacon, Harriett Baldwin, Mr John Baron, Tom Blenkinsop, Oliver Colvile, , Paul Goggins, Mr Mark Hoban, Joseph Johnson, Mrs Anne McGuire, Ann McKechin, Mr Denis MacShane, Mark Pawsey, Mr Nick Raynsford, Mr Alan Reid, Dan Rogerson, Dr Eilidh Whiteford and David Wright.

18 Third Delegated Legislation Committee (Church of Marriage (Amendment) Measure (HC 671)) (1) Chair: Hywel Williams (2) Members: Sir Tony Baldry, Hugh Bayley, Dan Byles, John Cryer, Michael Ellis, Mr David Evennett, Mr Frank Field, Mark Field, Stephen Gilbert, Julie Hilling, Kate Hoey, Tristram Hunt, Stephen McPartland, John Pugh, Jim Shannon, Mr Barry Sheerman, Martin Vickers and Nadhim Zahawi.

19 Fourth Delegated Legislation Committee (Draft Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012) (1) Chair: Mr (2) Members: , Hazel Blears, Steve Brine, Mr Jeremy Browne, Mr Aidan Burley, Mike Crockart, Mr Jim Cunningham, George Hollingbery, Diana Johnson, Karl McCartney, John McDonnell, Stephen Phillips, Dame Joan Ruddock, David Simpson, , Mr Robert Syms, Derek Twigg and Phil Wilson.

20 Fifth Delegated Legislation Committee (Draft Child Support Management of Payments and Arrears (Amendment) Regulations 2012) (1) Chair: Mr David Crausby (2) Members: Guto Bebb, Tom Blenkinsop, Mr David Blunkett, Geraint Davies, George Eustice, John Healey, Joseph Johnson, Mr David Lammy, Mrs Anne McGuire, , Greg Mulholland, Paul Murphy, Ian Paisley, Andrew Percy, Andrew Selous, Iain Stewart, Steve Webb and Heather Wheeler.

21 Sixth Delegated Legislation Committee (Draft Forestry Commissioners (Climate Change Functions) (Scotland) Order 2012 (Consequential Modifications) Order 2012 (1) Chair: Mr James Gray (2) Members: Mr Alan Reid discharged and Tim Farron nominated in substitution.

22 European Committee B in respect of European Union Documents No 11112/12 and Addendum, dated 8 June 2012, relating to a Communication from the Commission to the European Parliament, the Council and the European Court of Auditors: Synthesis of the Commission’s management achievements in 2011; and No. 11479/12, dated 15 June 2012, relating to European Court of Auditors’ Opinion No. 4/2012 on the Commission’s evaluation report on the Union’s finances based on results achieved established under Article 318 of the Treaty on the Functioning of the European Union Chair: Mr Charles Walker.

23 Trusts (Capital and Income) Bill [Lords] Second Reading Committee (1) Chair: Martin Caton (2) Members: Heidi Alexander, Angie Bray, Mr , Rehman Chishti, Alex Cunningham, Mr David Evennett, Robert Flello, Mrs Helen Grant, Meg Hillier, Dr Julian Huppert, , Karen Lumley, Mr Brooks Newmark, Yasmin Qureshi, Mr Adrian Sanders, Mr Lee Scott, Jim Shannon, Mr Virendra Sharma and Karl Turner.

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European Union Documents Referred

24 European Committee A European Union Document No. 14536/12, Communication from the Commission: Single Market Act II—Together for new growth.

25 European Committee B European Union Document No. 15938/11, a draft Regulation on markets in financial instruments and amending Regulation [EMIR] on OTC derivatives, central counterparties and trade repositories, together with European Union Document No. 15939/11 and Addenda 1 to 2, a draft Directive on markets in financial instruments repealing Directive 2004/39/EC of the European Parliament and of the Council.

Reports from Select Committees

26 Backbench Business Committee Determination of business to be taken on 8 November in the Chamber and 6 December in Westminster Hall, with Annex containing a transcript of representations made on 30 October, to be published (Natascha Engel).

27 Defence Committee (1) Securing the future of Afghanistan: Evidence taken on 30 October, to be printed (HC 413-iii); (2) The work of the Service Complaints Commissioner for the Armed Forces: Written evidence, to be published (Mr James Arbuthnot).

28 Draft Communications Data Bill (Joint Committee on) Draft Communications Data Bill: Evidence, to be published (Mr Nicholas Brown).

29 Draft Enhanced Terrorism Prevention and Investigation Measures Bill (Joint Committee on) Draft Enhanced Terrorism Prevention and Investigation Measures Bill: Evidence, to be published (Mr Bob Ainsworth).

30 Education Committee (1) Children first: the child protection system in England: Fourth Report, with written evidence, to be printed, with the Formal Minutes relating to the Report, and written evidence reported and ordered to be published on 2 November 2011, in the last session of Parliament, and 22 May (HC 137-I, -II and -III); (2) Careers guidance for young people: Evidence, to be printed (HC 632-i); (3) Participation by 16-19 year olds in education and training: Written evidence, to be published (Mr Graham Stuart).

31 Energy and Climate Change Committee (1) Consumer Engagement with Energy Markets: Evidence taken on 30 October, to be printed (HC 554-iii); (2) Building New Nuclear: the Challenges Ahead: Written evidence, to be printed (HC 117); (3) Inclusion of international aviation and shipping emissions in carbon budgets: Written evidence, to be printed (HC 638); (4) The Economics of Wind Power: Written evidence, to be published;

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(5) The Impact of Shale Gas on Energy Markets: Written evidence, to be published (Mr Tim Yeo).

32 Environment, Food and Rural Affairs Committee (1) Dog Control and Welfare: (i) Evidence, to be printed (HC 575-v); (ii) Written evidence, to be published; (2) Draft Water Bill: (i) Evidence taken on 30 October, to be printed (HC 674-ii); (ii) Written evidence, to be published (Miss Anne McIntosh).

33 Environmental Audit Committee (1) The environment in Autumn Statement 2012: (i) Evidence, to be printed (HC 328-ii); (ii) Written evidence, to be published; (2) Embedding Sustainable Development: An update: Written evidence, to be published; (3) Transport and accessibility to public services: Written evidence, to be published; (4) Insects and insecticides: Written evidence, to be published (Joan Walley).

34 European Scrutiny Committee (1) Eighteenth Report, to be printed, with the Formal Minutes relating to the Report (HC 86- xviii); (2) European Scrutiny in the House of Commons: (i) Evidence, to be printed (HC 711-i); (ii) Written evidence, to be published; (3) Ministerial Correspondence: Written evidence, to be published (Mr William Cash).

35 Home Affairs Committee (1) The work of the UK Border Agency (April–June 2012): Eighth Report, to be printed, with the Formal Minutes relating to the Report, and written evidence reported and ordered to be published on 18 September and 16 October (HC 603); (2) Localised child grooming: (i) Evidence, taken on 30 October, to be printed (HC 182-iv); (ii) Written evidence, to be published; (3) E-Crime: Evidence, taken on 30 October, to be printed (HC 618-i); (4) Drugs: Evidence, taken on 30 October, to be printed (HC 184-iv) (Keith Vaz).

36 International Development Committee Post-2015 Development Goals: (1) Evidence, to be printed (HC 641-ii); (2) Written evidence, to be published

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(Sir Malcolm Bruce).

37 Northern Ireland Affairs Committee (1) Responsibilities of the Secretary of State for Northern Ireland: Evidence, to be printed (HC 616-i); (2) An air transport strategy for Northern Ireland: Written evidence, to be published (Mr ).

38 Parliamentary Commission on Banking Standards (1) Banking Standards: Evidence, to be printed (HC 606-vii); (2) Panel on HBOS: (i) Evidence taken before Sub-Committee B on 30 October, to be printed (HC 705-i); (ii) Written evidence, to be published (Mr Andrew Tyrie).

39 Procedure Committee Reasoned opinions on subsidiarity under the Lisbon Treaty: Government Response to the Committee’s Fourth Report of Session 2010–12: First Special Report, to be printed (HC 712) (Mr Charles Walker).

40 Public Accounts (Committee of) Settling Large Tax Disputes: Evidence, to be printed (HC 385-iii) (Margaret Hodge).

41 Science and Technology Committee (1) Proposed merger of British Antarctic Survey and National Oceanography Centre: (i) Sixth Report, with written evidence, to be printed, with the Formal Minutes relating to the Report, and written evidence reported and ordered to be published on 24 and 29 October (HC 699); (ii) Evidence, to be published (Andrew Miller).

42 Scottish Affairs Committee (1) Blacklisting in Employment: Evidence taken on 30 October, to be printed (HC 156-viii); (2) The Referendum on Separation for Scotland: Evidence, to be printed (HC 139-xi) (Mr Ian Davidson).

43 Standards and Privileges (Committee on) Mr Denis MacShane: Second Report, with Appendices, to be printed, with the Formal Minutes relating to the Report (HC 635) (Mr Kevin Barron).

44 Statutory Instruments (Joint Committee on) Ninth Report, to be printed (HC 135-ix) (Mr Robert Buckland).

45 Transport Committee Rail 2020: West Coast Main Line Franchise: Evidence, to be printed (537-ii) (Mrs Louise Ellman).

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46 Treasury Committee Administration and effectiveness of HMRC: Evidence taken before the Sub-Committee, to be printed (HC 673-ii) (Mr Andrew Tyrie). John Bercow Speaker

The Speaker will take the Chair at 9.30 am.

Sitting in Westminster Hall No. 35

The sitting began at 9.30 am. Adjournment Subjects: Upper legal limit for induced abortion (). Housing in Poplar and Limehouse (Jim Fitzpatrick). Social responsibility of internet-based media companies (Fiona Mactaggart). Stillbirth certification (Chris Heaton-Harris). Resolved, That the sitting be now adjourned.—(Mr Desmond Swayne.)

Adjourned at 4.59 pm until tomorrow. Lindsay Hoyle Deputy Speaker

APPENDIX Papers presented or laid upon the Table:

Papers subject to Negative Resolution:

1 Criminal Law Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment No. 2) Order 2012 (S.I., 2012, No. 2709), dated 26 October 2012 (by Act), with an Explanatory Memorandum (by Command) (Secretary ).

2 Licensing Amended Guidance issued under Section 182 of the Licensing Act 2003 (by Act), with an Explanatory Memorandum (by Command) (Secretary Theresa May).

3 Police Police (Amendment No. 4) Regulations 2012 (S.I., 2012, No. 2712), dated 29 October 2012 (by Act), with an Explanatory Memorandum (by Command) (Secretary Theresa May).

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4 Social Security Social Security (Credits) (Amendment) (No. 2) Regulations 2012 (S.I., 2012, No. 2680), dated 25 October 2012 (by Act), with an Explanatory Memorandum (by Command) (Secretary Iain Duncan Smith).

5 Value Added Tax Value Added Tax (Refund of Tax to Museums and Galleries) (Amendment) Order 2012 (S.I., 2012, No. 2731), dated 30 October 2012 (by Act), with an Explanatory Memorandum (by Command) (Mr David Gauke). Other Papers:

6 Government Resources and Accounts Whole of Government Accounts for 2010–11, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 687) (Sajid Javid).

7 Government Trading Funds Report and Accounts of Defence Support Group for 2011–12, with the Report of the Comptroller and Auditor General (by Act); to be printed (HC 333) (Clerk of the House).

8 House of Commons Commission Report of the House of Commons Commission on Lay Members of the new Standards Committee: Nomination of Candidates; to be printed (HC 709) (The Speaker).

CORRIGENDUM Tuesday 16 October 2012 Item 29, Scottish Affairs Committee, should read: (1) Blacklisting in Employment: (i) Evidence, to be printed (HC 156-vii); (ii) Written evidence, to be published; (2) The Referendum on Separation for Scotland: Written evidence, to be published (Mr Ian Davidson).