§ Motion made, and Question put,
§ That in the opinion of this House:—
§ (1) No Minister of the Crown should give agreement in the Council of Ministers to any proposal for European Community legislation—
- (a) which is still subject to scrutiny (that is, on which the Select Committee on European Legislation has not completed its scrutiny) or
- (b) which is awaiting consideration by the House (that is, which has been recommended by the Select Committee for consideration pursuant to Standing Order No. 102 (European Standing Committees) but in respect of which the House has not come to a Resolution, either on a Resolution reported by a European Standing Committee or otherwise);
§ (2) In this Resolution, any reference to agreement to a proposal includes, in the case of a proposal on which the Council acts in co-operation with the European Parliament, agreement to a common position.
§ (3) The Minister concerned may, however, give agreement:—
- (a) to a proposal which is still subject to scrutiny if he considers that it is confidential, routine or trivial or is substantially the same as a proposal on which scrutiny has been completed;
- (b) to a proposal which is awaiting consideration by the House if the Select Committee has indicated that agreement need not be withheld pending consideration.
§ (4) The Minister concerned may also give agreement to a proposal which is still subject to scrutiny or awaiting consideration by the House if he decides that for special reasons agreement should be given; but he should explain his reasons—
- (i) in every such case, to the Select Committee at the first opportunity after reaching his decision; and
- (ii) in the case of a proposal awaiting consideration by the House, to the House at the first opportunity after giving agreement.
§ (5) In relation to any proposal which requires adoption by unanimity, abstention shall, for the purposes of paragraph (4), be treated as giving agreement.—[Mr. Chapman.]
§ The House proceeded to a Division—
§ Mr. Roger Knapman (Stroud) ( seated and covered)On a point of order, Madam Deputy Speaker. I wish to draw your attention to motion No. 5, paragraph (5) of which states:
abstention shall, for the purposes of paragraph (4), be treated as giving agreement.Is there any precedent in the history of British Parliaments for abstention being treated as agreement?
Madam Deputy SpeakerOrder. I should not go so far as to say that there was a precedent, but I can inform the hon. Gentleman that it is certainly not a matter for the Chair.
§ The House having divided: Ayes 165, Noes 8.
401| Division No. 337] | [7.46pm |
| AYES | |
| Abbott, Ms Diane | Baker, Nicholas(Dorset N) |
| Allen, Graham | Banks, Tony(Newham NW) |
| Arbuthnot, James | Barnes, Harry(Derbyshire NE) |
| Arnold, Jacques(Gravesham) | Barron, Kevin |
| Arnold, Sir Thomas | Beggs, Roy |
| Atkins, Robert | Bendall, Vivian |
| Atkinson, David | Bennett, Nicholas(Pembroke) |
| Baker, Rt Hon K.(Mole Valley) | Benyon, W. |
| Boscawen, Hon Robert | Lawrence, Ivan |
| Boswell, Tim | Leighton, Ron |
| Bottomley, Peter | Lester, Jim(Broxtowe) |
| Bottomley, Mrs Virginia | Lightbown, David |
| Bowis, John | Lilley, Peter |
| Brazier, Julian | Livsey, Richard |
| Bright, Graham | Lloyd, Peter(Fareham) |
| Brooke, Rt Hon Peter | Lofthouse, Geoffrey |
| Browne, John(Winchester) | Lord, Michael |
| Buckley, George J. | Lyell, Rt Hon Sir Nicholas |
| Budgen, Nicholas | McKay, Allen(Barnsley West) |
| Burns, Simon | MacKay, Andrew(E Berkshire) |
| Carlisle, Kenneth(Lincoln) | Maclean, David |
| Carrington, Matthew | McLoughlin, Patrick |
| Cash, William | Mans, Keith |
| Channon, Rt Hon Paul | Maples, John |
| Chapman, Sydney | Martin, David(Portsmouth S) |
| Churchill, Mr | Mellor, David |
| Clark, Hon Alan(Plym'th S'n) | Michael, Alun |
| Colvin, Michael | Mitchell, Andrew(Gedling) |
| Conway, Derek | Morrison, Rt Hon P(Chester) |
| Cope, Rt Hon John | Moss, Malcolm |
| Cormack, Patrick | Moynihan, Hon Colin |
| Curry, David | Neale, Gerrard |
| Dalyell, Tam | Needham, Richard |
| Davies, Q.(Stamf'd & Spald'g) | Neubert, Michael |
| Davis, David(Boothferry) | Newton, Rt Hon Tony |
| Dixon, Don | Nicholson, David(Taunton) |
| Douglas-Hamilton, Lord James | Norris, Steve |
| Dover, Den | O'Brien, William |
| Emery, Sir Peter | Orme, Rt Hon Stanley |
| Fallon, Michael | Page, Richard |
| Fishburn, John Dudley | Paice, James |
| Flynn, Paul | Patchett, Terry |
| Forsythe, Clifford(Antrim S) | Patnick, Irvine |
| Freeman, Roger | Patten, Rt Hon John |
| Gale, Roger | Pike, Peter L. |
| Garel-Jones, Tristan | Primarolo, Dawn |
| Glyn, Dr Sir Alan | Raffan, Keith |
| Godman, Dr Norman A. | Redwood, John |
| Golding, Mrs Llin | Roberts, Sir Wyn(Conwy) |
| Goodlad, Alastair | Sackville, Hon Tom |
| Graham, Thomas | Sainsbury, Hon Tim |
| Greenway, Harry(Ealing N) | Salmond, Alex |
| Greenway, John(Ryedale) | Shaw, Sir Giles(Pudsey) |
| Griffiths, Peter(Portsmouth N) | Shaw, Sir Michael(Scarb') |
| Grist, Ian | Shelton, Sir William |
| Hague, William | Shepherd, Colin(Hereford) |
| Hanley, Jeremy | Sillars, Jim |
| Hargreaves, A.(B'ham H'll Gr') | Skeet, Sir Trevor |
| Harris, David | Smith, Tim(Beaconsfield) |
| Hawkins, Christopher | Spearing, Nigel |
| Hayhoe, Rt Hon Sir Barney | Steen, Anthony |
| Heathcoat-Amory, David | Stevens, Lewis |
| Heseltine, Rt Hon Michael | Stewart, Andy(Sherwood) |
| Hind, Kenneth | Summerson, Hugo |
| Home Robertson, John | Taylor, Ian(Esher) |
| Hordern, Sir Peter | Taylor, Rt Hon J. D.(S'ford) |
| Howarth, Alan(Strat'd-on-A) | Taylor, John M(Solihull) |
| Howe, Rt Hon Sir Geoffrey | Tebbit, Rt Hon Norman |
| Howell, Rt Hon David(G'dford) | Thompson, D.(Calder Valley) |
| Howells, Geraint | Thompson, Patrick(Norwich N) |
| Howells, Dr. Kim (Pontypridd) | Thurnham, Peter |
| Hughes, Robert G.(Harrow W) | Tracey, Richard |
| Hughes, Simon(Southwark) | Wells, Bowen |
| Hunt, David(Wirral W) | Welsh, Andrew(Angus E) |
| Irvine, Michael | Wheeler, Sir John |
| Irving, Sir Charles | Wise, Mrs Audrey |
| Jack, Michael | Wood, Timothy |
| Jackson, Robert | Woodcock, Dr. Mike |
| Jopling, Rt Hon Michael | Yeo, Tim |
| Kellett-Bowman, Dame Elaine | Young, Sir George(Acton) |
| Key, Robert | |
| Kilfedder, James | Tellers for the Ayes: |
| King, Roger(B'ham N'thfield) | Mr. Neil Hamilton and Mr. Timothy Kirkhope. |
| Knight, Greg(Derby North) | |
| Knowles, Michael |
| NOES | |
| Clay, Bob | Skinner, Dennis |
| Corbyn, Jeremy | Taylor, Teddy(S'end E) |
| Cousins, Jim | |
| Cryer, Bob | Tellers for the Noes: |
| Knapman, Roger | Mr. Eric Illsley and Mr. Bill Michie. |
| Nellist, Dave |
§ Question accordingly agreed to.