No. 193

Tuesday 23 October 2018 Votes and Proceedings

Corrected 12 November 2018

The House met at 11.30 am. Prayers

1 Questions to the Secretary of State for Health and Social Care

2 Abortion: 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 amend the law relating to abortion in England and Wales, and Northern Ireland; to remove criminal liability in respect of abortion performed with the consent of the pregnant woman up to the twenty-fourth week of pregnancy; to repeal sections 59 and 60 of the Offences Against the Person Act 1861; to create offences of termination of a pregnancy after its twenty-fourth week and non-consensual termination of a pregnancy; to amend the law relating to conscientious objection to participation in abortion treatment; and for connected purposes.—(.) Motion opposed (Standing Order No. 23(1)). Question put. The House divided. Division No. 244 Ayes: 208 (Tellers: Lyn Brown, Dr Roberta Blackman-Woods) Noes: 123 (Tellers: Emma Little Pengelly, Chris Green) Question accordingly agreed to. Ordered, That Diana Johnson, Dr Roberta Blackman-Woods, Dr Sarah Wollaston, Stella Creasy, Nicky Morgan, Liz Saville Roberts, Norman Lamb, Jo Stevens, Anna Soubry, Christine Jardine, Crispin Blunt and Caroline Lucas present the Bill. Diana Johnson accordingly presented the Bill. Bill read the first time; to be read a second time on Friday 23 November, and to be printed (Bill 276). 2 Votes and Proceedings: 23 October 2018 No. 193

3 Civil Liability Bill [Lords] (Report Stage): Consideration of the Bill, as amended in the Public Bill Committee New Clause NC1—(Gloria De Piero)—brought up, and read the first time. Question put, That the Clause be read a second time. The House divided. Division No. 245 Ayes: 240 (Tellers: Jeff Smith, Stephanie Peacock) Noes: 287 (Tellers: Jo Churchill, Michelle Donelan) Question accordingly negatived. New Clause NC2—(Gloria De Piero)—brought up, and read the first time. Question put, That the Clause be read a second time. The House divided. Division No. 246 Ayes: 243 (Tellers: Jeff Smith, Stephanie Peacock) Noes: 288 (Tellers: Jo Churchill, Michelle Donelan) Question accordingly negatived. Amendment 2 proposed.—(Gloria De Piero.) Question put, That the Amendment be made. The House divided. Division No. 247 Ayes: 243 (Tellers: Stephanie Peacock, Jeff Smith) Noes: 298 (Tellers: Mims Davies, Michelle Donelan) Question accordingly negatived. Amendment 1 made.

4 Deputy Speaker’s certification (Standing Order No. 83L(6)) The Deputy Speaker announced the certification in accordance with Standing Order No. 83L(2) in relation to the Civil Liability Bill [Lords] (Deputy Speaker’s certificate, today).

5 Civil Liability Bill [Lords]: Legislative Grand Committee (England and Wales) (Standing Order No. 83M(3)) The House forthwith resolved itself into the Legislative Grand Committee (England and Wales).

(In the Legislative Grand Committee (England and Wales)) Bill certified under Standing Order No. 83L(2) as relating exclusively to England and Wales and being within devolved legislative competence Motion made and Question proposed, That the Committee consents to the Bill as amended in the Public Bill Committee and on Report.—(Rory Stewart.) At 6.00 pm the debate was interrupted (Programme Order, 4 September). No. 193 Votes and Proceedings: 23 October 2018 3

The Deputy Speaker put the Question necessary to bring proceedings in Legislative Grand Committee to a conclusion (Programme Order, 4 September). Question, That the Committee consents to the Bill as amended in the Public Bill Committee and on Report, put forthwith (Standing Order No. 83E). Question agreed to. The occupant of the Chair left the Chair to report the decision of the Committee (Standing Order No. 83M(6)).

Amanda Milling reported, That the Legislative Grand Committee (England and Wales) has consented to the Civil Liability Bill [Lords], as amended in the Public Bill Committee and on Report.

6 Civil Liability Bill [Lords]: Third Reading Motion made and Question proposed, That the Bill be now read the third time. At 7.00 pm the debate was interrupted (Programme Order, 4 September). The Speaker put the Question necessary to bring proceedings on Third Reading to a conclusion (Programme Order, 4 September). Question, That the Bill be read the third time, put forthwith (Standing Order No. 83E). The House divided. Division No. 248 Ayes: 294 (Tellers: Mims Davies, Michelle Donelan) Noes: 238 (Tellers: Stephanie Peacock, Jeff Smith) Question agreed to. Bill accordingly read the third time and passed, with Amendments.

7 Statutory Instruments: Motions for Approval (1) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Electricity and Gas (Energy Company Obligation) Order 2018, which was laid before this House on 19 July, be approved.—(Iain Stewart.) The Speaker’s opinion as to the decision of the Question was challenged. Division deferred until Wednesday 24 October (Standing Order No. 41A). (2) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Department for Transport (Fees) (Amendment) (EU Exit) Regulations 2018, which were laid before this House on 19 July, be approved.—(Iain Stewart.) Question agreed to. (3) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018, which was laid before this House on 4 September, be approved.—(Iain Stewart.) Question agreed to. (4) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Armed Forces (Terms of Service) (Amendments Relating to Flexible Working) Regulations 2018, which were laid before this House on 18 July, be approved.—(Iain Stewart.) Question agreed to. 4 Votes and Proceedings: 23 October 2018 No. 193

(5) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2018, which were laid before this House on 23 July, be approved.—(Iain Stewart.) Question agreed to. (6) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018, which were laid before this House on 23 July, be approved.—(Iain Stewart.) Question agreed to.

8 Sitting in Westminster Hall (29 October) Ordered, That, notwithstanding the provisions of Standing Order No 10(1)(a), the sitting in Westminster Hall on Monday 29 October shall begin at 5.30 pm and may then continue for up to three hours.—(Iain Stewart.)

9 Delegated Legislation Ordered, That the motion in the name of Andrea Leadsom relating to the Electoral Commission be referred to a Delegated Legislation Committee.—(Iain Stewart.)

10 Public petitions (1) A public petition from residents of North Ayrshire and Arran relating to the Green Deal Scheme was presented and read by Patricia Gibson. (2) A public petition from residents of Kilmarnock and Loudoun relating to the Green Deal Scheme was presented and read by Alan Brown. (3) A public petition from residents of the United Kingdom relating to the Bredbury Parkway Industrial Estate extension was presented and read by Andrew Gwynne. (4) A public petition from residents of the United Kingdom relating to the Bredbury Parkway Industrial Estate extension was presented and read by Mr William Wragg.

11 Adjournment Subject: Elder abuse (Giles Watling) Resolved, That this House do now adjourn.—(Iain Stewart.) Adjourned at 7.52 pm until tomorrow.

Other Proceedings

Changes to Notices Given

12 European Union Withdrawal Agreement (Public Vote) Bill Order for Second Reading on Friday 26 October, read and discharged. Bill to be read a second time on Friday 23 November.

13 Construction (Retention Deposit Schemes) Bill Order for Second Reading on Friday 26 October, read and discharged. Bill to be read a second time on Friday 23 November. No. 193 Votes and Proceedings: 23 October 2018 5

14 Anti-Loitering Devices (Regulation) Bill Order for Second Reading on Friday 26 October, read and discharged. Bill to be read a second time on Friday 23 November.

15 Representation of the People (Gibraltar) Bill Order for Second Reading on Friday 26 October, read and discharged. Bill to be read a second time on Friday 23 November.

Lords Messages

16 Draft Registration of Overseas Entities Bill (Joint Committee) The Lords have come to the following Resolution, to which they desire the agreement of this House: That it is expedient that a joint committee of Lords and Commons be appointed to consider and report on the Draft Registration of Overseas Entities Bill presented to both Houses on 23 July (Cm. 9635).

17 Draft Parliamentary Buildings (Restoration and Renewal) Bill (Joint Committee) The Lords have come to the following Resolution, to which they desire the agreement of this House: That it is expedient that a joint committee of Lords and Commons be appointed to consider and report on the Draft Parliamentary Buildings (Restoration and Renewal) Bill presented to both Houses on 18 October (Cm. 9710).

General Committees: Reports

18 Agriculture Bill Committee Sir Roger Gale (Chair) reported: (1) That the Committee had come to the following Resolution, That, subject to the discretion of the Chair, any written evidence received by the Committee shall be reported to the House for publication; and (2) written evidence. Written evidence to be published.

19 Fifth Delegated Legislation Committee Sir Christopher Chope (Chair) reported the draft Higher Education (Transparency Condition and Financial Support) (England) Regulations 2018.

20 Sixth Delegated Legislation Committee Graham Stringer (Chair) reported the draft West of England Combined Authority (Adult Education Functions) Order and the draft Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018. 6 Votes and Proceedings: 23 October 2018 No. 193

21 European Committee B in respect of European Union Document No. 5191/17, a Communication from the Commission to the European Parliament and Council on Exchanging and Protecting Data in a Globalised World, and an Unnumbered European Union proposal for provisions on Cross-border data flows and protection of personal data and privacy Mr Nigel Evans (Chair) reported the following Resolution: That the Committee takes note of European Union Document No. 5191/17, a Communication from the Commission to the European Parliament and Council on Exchanging and Protecting Data in a Globalised World, and an Unnumbered European Union proposal for provisions on Cross-border data flows and protection of personal data and privacy; welcomes the adequacy framework as an effective means of ensuring a free flow of data from the EU to third countries; and further notes that in the context of the UK leaving the EU it provides the right starting point.

Reports from Select Committees

22 Backbench Business Committee Determination of business to be taken on 30 October, 6, 15, 20, 22 and 27 November and 4 December in Westminster Hall, with Annex containing a transcript of representations made on 23 October, to be published (Ian Mearns).

23 Digital, Culture, Media and Sport Committee (1) BBC Annual Report and Accounts 2017-18: Equal Pay at the BBC: Sixth Report, to be printed, with the formal minutes relating to the Report (HC 993); (2) Wembley Stadium and the future of English football: Written evidence, to be published (HC 1026) (Damian Collins).

24 Education Committee Special educational needs and disabilities: Oral and written evidence, to be published (HC 968) (Robert Halfon).

25 Environmental Audit Committee (1) Heatwaves: adapting to climate change: Government Response to the Ninth Report of the Committee: Tenth Special Report, to be printed (HC 1671); (2) Greening Finance: embedding sustainability in financial decision making: Government Response to the Seventh Report of the Committee: Eleventh Special Report, to be printed (HC 1673); (3) The Government’s 25 Year Plan for the Environment: Government Response to the Eighth Report of the Committee: Twelfth Special Report, to be printed (HC 1672); (4) Sustainable Development Goals in the UK follow-up: Oral and written evidence, to be published (HC 1491); (5) Correspondence with the Chancellor of the Exchequer relating to plastics and incineration tax: Written evidence, to be published; (6) Sustainable seas: Written evidence, to be published (HC 1543) (). No. 193 Votes and Proceedings: 23 October 2018 7

26 European Statutory Instruments Committee Fourth Report, to be printed, with the formal minutes relating to the Report (HC 1608), and including the following recommendation: That the affirmative procedure should apply to the instrument titled the Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2018, the proposal for which was laid before this House on 10 October 2018. (Sir Patrick McLoughlin).

27 Foreign Affairs Committee (1) China and the international rules-based system: Oral evidence, to be published (HC 612); (2) Correspondence from the Foreign Secretary relating to the Kosovo-Serbia land swap: Written evidence, to be published (Tom Tugendhat).

28 Health and Social Care Committee (1) Impact of a no deal Brexit on the health and social care sector: Oral and written evidence, to be published (HC 1583); (2) Correspondence with the Secretary of State regarding life expectancy: Written evidence, to be published; (3) Correspondence with the Secretary of State regarding shortage of EpiPens: Written evidence, to be published; (4) Patient safety and gross negligence manslaughter in healthcare: Written evidence, to be published (HC 1582) (Dr Sarah Wollaston).

29 Home Affairs Committee (1) Modern slavery: Oral evidence, to be published (HC 1460); (2) Correspondence from the Chair to the Home Secretary relating to the twentieth anniversary of the Macpherson Report: Written evidence, to be published ().

30 International Development Committee Forced displacement in Africa: Oral evidence, to be published (HC 1433) (Stephen Twigg).

31 Justice Committee (1) The implications of Brexit for the justice system: Follow-up: Oral evidence, to be published (HC 1648); (2) Correspondence with the Parliamentary Under-Secretary of State for Justice: Written evidence, to be published; (3) HMP Birmingham: Written evidence, to be published (HC 1647) (Robert Neill). 8 Votes and Proceedings: 23 October 2018 No. 193

32 Petitions Committee (1) Record of the Committee’s decisions relating to e-petitions, to be published; (2) List of closed e-petitions presented to the House, to be published (Helen Jones).

33 Privileges (Committee of) Kate Green reported: (1) That she had been chosen as Chair of the Committee; and (2) Matter of privilege referred to the Committee on 28 June 2018: Written evidence, to be published (HC 1490).

34 Public Administration and Constitutional Affairs Committee Status of resolutions of the House of Commons: Oral and written evidence, to be published (HC 1587) (Sir Bernard Jenkin).

35 Science and Technology Committee (1) Research integrity: clinical trials transparency: Tenth Report, to be printed, with the formal minutes relating to the Report (HC 1480); (2) Balance and effectiveness of research and innovation spending: Written evidence, to be published (HC 1453); (3) Digital government: Written evidence, to be published (HC 1455); (4) Evidence-based early-years intervention: Written evidence, to be published (HC 506) (Stephen Metcalfe).

36 Scottish Affairs Committee Scotland and Brexit: trade and foreign investment: Oral and written evidence, to be published (HC 903) (Pete Wishart).

37 Treasury Committee (1) SME finance: Oral evidence, to be published (HC 805); (2) Correspondence with the Director General of Customer Strategy and Tax Design, HMRC, relating to Making Tax Digital: Written evidence, to be published; (3) RBS’ Global Restructuring Group and its treatment of SMEs: Written evidence, to be published (HC 737) (Nicky Morgan).

John Bercow Speaker No. 193 Votes and Proceedings: 23 October 2018 9

Westminster Hall

The sitting began at 9.30 am.

Business appointed by the Chairman of Ways and Means (Standing Order No. 10(6))

1 Home energy and lifestyle management systems and the Green Deal Resolved, That this House has considered home energy and lifestyle management systems and the Green Deal—(Gavin Newlands.)

2 Future of BBC Parliament Resolved, That this House has considered the future of BBC Parliament.—(.)

The sitting was suspended between 11.29 am and 2.30 pm (Standing Order No. 10(1)(b)).

3 Drugs policy Motion made and Question proposed, That this House has considered drugs policy.— (Ronnie Cowan.) The sitting was suspended between 3.00 pm and 3.24 pm for divisions in the House (Standing Order No. 10(3)). Resolved, That this House has considered drugs policy.

4 Dead man's penny memorial plaque Resolved, That this House has considered the dead man's penny memorial plaque.— (David Morris.)

5 Addictive technology Resolved, That this House has considered addictive technology.—(Ged Killen.) Sitting adjourned without Question put (Standing Order No. 10(14)). Adjourned at 5.31 pm until tomorrow.

Lindsay Hoyle Chairman of Ways and Means 10 Votes and Proceedings: 23 October 2018 No. 193

Papers Laid

Papers presented or laid upon the Table

Papers subject to Affirmative Resolution

1 Exiting the European Union (Financial Services) Draft Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018, with an Explanatory Memorandum (by Act) (John Glen)

Papers subject to Negative Resolution

2 Exiting the European Union (Cinemas and Films) Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I., 2018, No. 1105), dated 22 October 2018 (by Act), with an Explanatory Memorandum (by Act) (Margot James)

3 Pensions (1) Occupational Pension Schemes (Cross-border Activities) (Amendment) Regulations 2018 (S.I., 2018, No. 1102), dated 22 October 2018 (by Act), with an Explanatory Memorandum (by Act) and an Impact Assessment (by Command) (Guy Opperman) (2) Occupational Pension Schemes (Governance) (Amendment) Regulations 2018 (S.I., 2018, No. 1103), dated 22 October 2018 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Guy Opperman)

Other papers

4 Northern Ireland (Stormont Agreement and Implementation Plan) (1) First Report of the Independent Reporting Commission (by Statutory Instrument), to be printed (HC 1665) (Secretary Karen Bradley) (2) Report and Accounts of the Independent Reporting Commission for 2017–18, with the Report of the Comptroller and Auditor General (by Statutory Instrument), to be printed (HC 1401) (Secretary Karen Bradley)

Withdrawn papers

5 Exiting the European Union (Road Traffic) Explanatory Memorandum to the draft International Road Transport Permits (EU Exit) Regulations 2018 (laid 13 September) (by Act) (Secretary Chris Grayling)

No. 193 Votes and Proceedings: 23 October 2018 11

SPEAKER’S CERTIFICATES

Civil Liability Bill [Lords] The Deputy Speaker has certified, for the purposes of Standing Order No. 83L, and on the basis of material put before him, that, in his opinion the Civil Liability Bill [Lords] as amended in the Public Bill Committee (Bill 264) and as amended on Report, relates exclusively to England and Wales on matters within devolved legislative competence, as defined in Standing Order No. 83J.

Instruments The Speaker has certified, for the purposes of Standing Order No. 83P, and on the basis of material put before him, that, in his opinion, the following instrument relates exclusively to England and is within devolved legislative competence, as defined in Standing Order No. 83P. Draft Infrastructure Planning (Water Resources) (England) Order 2018