HC Deb 16 June 1999 vol 333 cc527-31

Amendments made: No. 140, in page 141, line 21, at end insert—

'1993 c. 8. The Judicial Pensions and Retirement Act 1993. In Schedule 6, paragraphs 37 and 38.'.

No. 141, in page 141, line 33, column 3, at end insert— 'Section 2. Section 3.'.

No. 142, in page 141, line 49, at end insert—

'1997 c. 68. The Special Section 7(4).
Immigration Appeals Commission Act 1997. In Schedule 2, paragraph 5.'.

[Mr. Mike Hall.]

Order for Third Reading read.

Motion made, and Question put, That the Bill be now read the Third time.—[Mr. Mike Hall.]

The House divided: Ayes 310, Noes 41.

Division No. 212] [12.2 am
AYES
Adams, Mrs Irene (Paisley N) Borrow, David
Ainger, Nick Bradley, Keith (Withington)
Ainsworth, Robert (Cov'try NE) Bradley, Peter (The Wrekin)
Alexander, Douglas Bradshaw, Ben
Allen, Graham Brinton, Mrs Helen
Anderson, Donald (Swansea E) Brown, Rt Hon Nick (Newcastle E)
Anderson, Janet (Rossendale) Brown, Russell (Dumfries)
Atherton, Ms Candy Browne, Desmond
Atkins, Charlotte Buck, Ms Karen
Barron, Kevin Burden, Richard
Battle, John Butler, Mrs Christine
Bayley, Hugh Caborn, Rt Hon Richard
Beard, Nigel Campbell, Alan (Tynemouth)
Begg, Miss Anne Campbell, Mrs Anne (C'bridge)
Benn, Hilary (Leeds C) Campbell, Ronnie (Blyth V)
Bennett, Andrew F Campbell—Savours, Dale
Benton, Joe Cann, Jamie
Berry, Roger Caton, Martin
Best, Harold Cawsey, Ian
Blackman, Liz Chapman, Ben (Wirral S)
Blears, Ms Hazel Chaytor, David
Blizzard, Bob Church, Ms Judith
Blunkett, Rt Hon David Clapham, Michael
Boateng, Paul Clark, Rt Hon Dr David (S Shields)
Clark, Dr Lynda (Edinburgh Pentlands) Heal, Mrs Sylvia
Healey, John
Clark, Paul (Gillingham) Henderson, Ivan (Harwich)
Clarke, Charles (Norwich S) Hepburn, Stephen
Clarke, Eric (Midlothian) Heppell, John
Clarke, Rt Hon Tom (Coatbridge) Hesford, Stephen
Clarke, Tony (Northampton S) Hewitt, Ms Patricia
Clelland, David Hill, Keith
Coaker, Vernon Hinchliffe, David
Coffey, Ms Ann Hodge, Ms Margaret
Colman, Tony Hoey, Kate
Connarty, Michael Hood, Jimmy
Corbett, Robin Hoon, Geoffrey
Corston, Ms Jean Hope, Phil
Cousins, Jim Hopkins, Kelvin
Cranston, Ross Howarth, Alan (Newport E)
Crausby, David Howarth, George (Knowsley N)
Cryer, Mrs Ann (Keighley) Howells, Dr Kim
Cryer, John (Hornchurch) Hoyle, Lindsay
Cummings, John Hughes, Ms Beverley (Stretford)
Cunningham, Rt Hon Dr Jack (Copeland) Hughes, Kevin (Doncaster N)
Humble, Mrs Joan
Curtis—Thomas, Mrs Claire Hurst, Alan
Dalyell, Tam Iddon, Dr Brian
Darling, Rt Hon Alistair Ingram, Rt Hon Adam
Darvill, Keith Jackson, Ms Glenda (Hampstead)
Davey, Valerie (Bristol W) Jackson, Helen (Hillsborough)
Davidson, Ian Jamieson, David
Davies, Rt Hon Denzil (Llanelli) Jenkins, Brian
Davies, Geraint (Croydon C) Johnson, Alan (Hull W & Hessle)
Dawson, Hilton Johnson, Miss Melanie (Welwyn Hatfield)
Dean, Mrs Janet
Denham, John Jones, Barry (Alyn & Deeside)
Dismore, Andrew Jones, Mrs Fiona (Newark)
Dobbin, Jim Jones, Helen (Warrington N)
Dobson, Rt Hon Frank Jones, Jon Owen (Cardiff C)
Donohoe, Brian H Jones, Martyn (Clwyd S)
Doran, Frank Jowell, Rt Hon Ms Tessa
Dowd, Jim Kaufman, Rt Hon Gerald
Drew, David Keeble, Ms Sally
Eagle, Angela (Wallasey) Keen, Alan (Feltham & Heston)
Eagle, Maria (L'pool Garston) Kennedy, Jane (Wavertree)
Edwards, Huw Khabra, Piara S
Efford, Clive Kidney, David
Ellman, Mrs Louise Kilfoyle, Peter
Ennis, Jeff King, Andy (Rugby & Kenilworth)
Fisher, Mark Kumar, Dr Ashok
Fitzpatrick, Jim Ladyman, Dr Stephen
Fitzsimons, Lorna Lawrence, Ms Jackie
Flint, Caroline Laxton, Bob
Follett, Barbara Lepper, David
Foster, Michael J (Worcester) Leslie, Christopher
Foulkes, George Levitt, Tom
Fyfe, Maria Lewis, Ivan (Bury S)
Galloway, George Linton, Martin
Gapes, Mike Lloyd, Tony (Manchester C)
Gardiner, Barry Lock, David
George, Bruce (Walsall S) McAvoy, Thomas
Gibson, Dr Ian McCabe, Steve
Gilroy, Mrs Linda McCartney, Rt Hon Ian (Makerfield)
Godman, Dr Norman A
Godsiff, Roger McDonagh, Siobhain
Goggins, Paul Macdonald, Calum
Golding, Mrs Llin McGuire, Mrs Anne
Gordon, Mrs Eileen McIsaac, Shona
Griffiths, Jane (Reading E) Mackinlay, Andrew
Griffiths, Nigel (Edinburgh S) McNulty, Tony
Griffiths, Win (Bridgend) Mactaggart, Fiona
Grocott, Bruce McWalter, Tony
Grogan, John McWilliam, John
Gunnell, John Mallaber, Judy
Hain, Peter Mandelson, Rt Hon Peter
Hall, Mike (Weaver Vale) Marsden, Paul (Shrewsbury)
Hall, Patrick (Bedford) Marshall, David (Shettleston)
Hamilton, Fabian (Leeds NE) Marshall—Andrews, Robert
Harman, Rt Hon Ms Harriet Martlew, Eric
Meacher, Rt Hon Michael Sheerman, Barry
Meale, Alan Sheldon, Rt Hon Robert
Merron, Gillian Short, Rt Hon Clare
Michael, Rt Hon Alun Smith, Rt Hon Andrew (Oxford E)
Michie, Bill (Shef'ld Heeley) Smith, Angela (Basildon)
Milburn, Rt Hon Alan Smith, Rt Hon Chris (Islington S)
Miller, Andrew Smith, Jacqui (Redditch)
Moffatt, Laura Smith, John (Glamorgan)
Moonie, Dr Lewis Smith, Llew (Blaenau Gwent)
Moran, Ms Margaret Snape, Peter
Morley, Elliot Soley, Clive
Morris, Ms Estelle (B'ham Yardley) Southworth, Ms Helen
Morris, Rt Hon John (Aberavon) Spellar, John
Mountford, Kali Squire, Ms Rachel
Mowlam, Rt Hon Marjorie Steinberg, Gerry
Mudie, George Stewart, David (Inverness E)
Mullin, Chris Stewart, Ian (Eccles)
Murphy, Denis (Wansbeck) Stinchcombe, Paul
Murphy, Jim (Eastwood) Stoate, Dr Howard
Murphy, Rt Hon Paul (Torfaen) Stott, Roger
Naysmith, Dr Doug Strang, Rt Hon Dr Gavin
Norris, Dan Straw, Rt Hon Jack
O'Brien, Bill (Normanton) Stringer, Graham
O'Brien, Mike (N Warks) Stuart, Ms Gisela
Olner, Bill Sutcliffe, Gerry
O'Neill, Martin Taylor, Rt Hon Mrs Ann (Dewsbury)
Osborne, Ms Sandra
Palmer, Dr Nick Taylor, Ms Dari (Stockton S)
Pearson, Ian Temple—Morris, Peter
Pendry, Tom Thomas, Gareth (Clwyd W)
Pickthall, Colin Thomas, Gareth R (Harrow W)
Pike, Peter L Timms, Stephen
Plaskitt, James Tipping, Paddy
Pond, Chris Touhig, Don
Pope, Greg Turner, Dennis (Wolverh'ton SE)
Powell, Sir Raymond Turner, Dr Desmond (Kemptown)
Prentice, Ms Bridget (Lewisham E) Turner, Dr George (NW Norfolk)
Prentice, Gordon (Pendle) Twigg, Derek (Halton)
Primarolo, Dawn Twigg, Stephen (Enfield)
Prosser, Gwyn Walley, Ms Joan
Purchase, Ken Ward, Ms Claire
Quin, Rt Hon Ms Joyce Wareing, Robert N
Quinn, Lawrie Watts, David
Radice, Giles White, Brian
Rammell, Bill Whitehead, Dr Alan
Reed, Andrew (Loughborough) Wicks, Malcolm
Robertson, Rt Hon George (Hamilton S) Williams, Rt Hon Alan (Swansea W)
Roche, Mrs Barbara Williams, Alan W (E Carmarthen)
Rooker, Jeff Williams, Mrs Betty (Conwy)
Rooney, Terry Wills, Michael
Rooney, Terry Winnick, David
Ross, Ernie (Dundee W) Winterton, Ms Rosie (Doncaster C)
Rowlands, Ted Wise, Audrey
Ruane, Chris Woolas, Phil
Ruddock, Joan Worthington, Tony
Russell, Ms Christine (Chester) Wright, Anthony D (Gt Yarmouth)
Ryan, Ms Joan
Sarwar, Mohammad Tellers for the Ayes:
Savidge, Malcolm Mr. David Hanson and
Sawfort, Phil Mr. Clive Betts.
NOES
Abbott, Ms Diane Chidgey, David
Allan, Richard Corbyn, Jeremy
Baker, Norman Cotter, Brian
Ballard, Jackie Davey, Edward (Kingston)
Beith, Rt Hon A J Fearn, Ronnie
Benn, Rt Hon Tony (Chesterfield) Gerrard, Neil
Brake, Tom Harvey, Nick
Bruce, Malcolm (Gordon) Hughes, Simon (Southwark N)
Burnett, John Jones, Nigel (Cheltenham)
Burstow, Paul Keetch, Paul
Cable, Dr Vincent Kirkwood, Archy
Campbell, Rt Hon Menzies (NE Fife) Livingstone, Ken
Livsey, Richard
Llwyd, Elfyn Smith, Sir Robert (W Ab'd'ns)
McDonnell, John Stunell, Andrew
Michie, Mrs Ray (Argyll & Bute) Tonge, Dr Jenny
Moore, Michael Tyler, Paul
Oaten, Mark Webb, Steve
Öpik, Lembit Willis, Phil
Rendel, David
Russell, Bob (Colchester) Tellers for the Noes:
Sanders, Adrian Dr. Evan Harris and
Simpson, Alan (Nottingham S) Mr. Don Foster.

Question accordingly agreed to.

Bill read the Third time, and passed.

Mr. Hogg

On a point of order, Mr. Deputy Speaker. May I raise with you the consequences of the guillotine motion that has been applied? You will appreciate that there remain outstanding eight groups of amendments; the last group of amendments, relating to the code of practice, were debated in about one minute; moreover, there was no debate on Third Reading. The cause of all that was the guillotine motion. The result is that a substantial part of the Bill has not been debated on Report. I recognise that you are bound by the guillotine motion and that I cannot complain about that. However, I can point out—and I do point out—that one of the reasons why time was eroded was that, yesterday, a statement on the London underground was made by the Deputy Prime Minister—

Mr. Deputy Speaker

Order. The right hon. and learned Gentleman is an experienced Member of Parliament and I think that he recognises that the answer to his point of order lies in what he has already said. The Chair is indeed bound by the terms of yesterday's guillotine motion, as is the House. What he has said so far is a matter of comment and debate, which should have been said at the time of the guillotine motion. It is not a matter for me.

Mr. Hogg

I am coming to my substantive point. I was laying the background. One reason why the debate has been truncated tonight is the statement that the Deputy Prime Minister made yesterday about the London underground. The practice is for a Minister to inform the Speaker of his intention to make a statement. The consent of the Speaker is not required, even though the Minister always begins with the phrase, "With permission, Madam Speaker". However, it is within the discretion of the Speaker to seek to dissuade the Minister. Furthermore, it is certainly within the discretion of the Speaker to ensure that the question and answer session that follows is kept very short. My point of order is that when there is a guillotine motion the Speaker should seek to ensure that there is not—

Mr. Deputy Speaker

Order. The right hon. and learned Gentleman should resume his seat when I have risen to my feet. He is getting dangerously close to criticising the decision of the Chair. If there was a moment to do that it was yesterday, not now.

Mr. Hogg

rose

Mr. Deputy Speaker

Order. I think that I have heard sufficient in two bursts from the right hon. and learned Gentleman to know that this is not a matter on which I can rule now. It relates to the decision of the Chair that was taken yesterday. If the right hon. and learned Gentleman wishes to pursue that matter, it will have to be on a substantive motion criticising the Chair.

Mr. Hogg

Further to that point of order, Mr. Deputy Speaker. I am not in any way criticising the Speaker. I am bringing a point to your attention so that you can have an opportunity to discuss it with Madam Speaker. When there is a guillotine motion that constrains debate, the Speaker should seek to consider whether—

Mr. Deputy Speaker

Order. There is little that I can add to the point of order that the right hon. and learned Gentleman is seeking to make, because he is implicitly criticising the decision taken by the Chair yesterday. The Speaker must be presumed to be aware of all the relevant matters. If an hon. Member wishes later to challenge a decision taken by the Speaker, it must be done on a substantive motion.

Miss Widdecombe

On a point of order, Mr. Deputy Speaker. I acknowledge that the Government went to considerable lengths this evening to ensure that we had a vote on amendment No. 9, but that was achieved only by sacrificing any debate on an important subject. There were other important issues to be debated on Report, as well as a tranche of other matters that could have been addressed on Third Reading but were not scheduled for debate on Report. Those subjects were guillotined out of debate not as a result of any lack of progress on the Immigration and Asylum Bill, which was conducted in an exemplary manner, but because of a perceived lack of progress on another Bill. As the guardian of Back-Bench rights and the rights of debate, does the Chair have a view, or will you be taking a view, on the use of a guillotine to curtail not the debate in question, but a separate debate?

Mr. Deputy Speaker

The question whether there is a guillotine and the terms of it are not a matter for the Chair. It is a matter for debate on the substantive motion put down by the Government and the decision of the House on it.