HC Deb 04 April 2001 vol 366 cc442-55

Order for Second Reading read.

10.13 pm
The Parliamentary Under-Secretary of State for the Home Department (Mr. Mike O'Brien)

I beg to move, That the Bill be now read a Second time.

This short, one-purpose Bill has been introduced following representations by all three main political parties. The issue arose from discussions between the Conservative party and the Electoral Commission, which established that the Conservatives were concerned about the new legislation. The Conservative party discussed the issue with the Labour party and the Liberal Democrats, and all three then made representations. The Bill is in response to their concerns.

The Bill postpones the operation of the new requirements relating to the imprint on election publications, which were introduced by the Political Parties, Elections and Referendums Act 2000. I emphasise that we are not repealing those new requirements, but simply delaying their commencement to assist political parties. The Bill is not about correcting defects in the 2000 Act.

Mr. Michael Fabricant (Lichfield)

Will the Minister give way?

Mr. O'Brien

If the hon. Gentleman will allow me to set out what the Bill does, I shall happily give way to him.

The Bill reverses what, in hindsight, may have been an overly rapid implementation of two provisions in the 2000 Act, given that political parties were not yet in a position in which they were prepared or able to comply with them. In those circumstances it is right that we listen to representations. From the start, we have said that we wanted to make progress on the legislation on the basis of consensus and consultation with political parties, and we have tried to take that approach throughout.

Mr. Dominic Grieve (Beaconsfield)

rose

Mr. O'Brien

Perhaps I may advance my arguments a little more, then I shall happily give way to Opposition Members.

It may assist the House if I briefly explain the background to the Bill. By definition, all right hon. and hon. Members have been candidates in one or more previous elections for Parliament. I trust, therefore, that we are all familiar with the long-standing requirement in section 110 of the Representation of the People Act 1983 that our election leaflets and posters bear an imprint stating the name and address of the printer and publisher. In its old guise, section 110 applied only to material that sought to promote or disparage a particular candidate; it did not apply to national material promoting or disparaging a political party. Section 143 of the 2000 Act made good that omission. Paragraph 14 of schedule 18 to that Act substituted a new section 110 in the 1983 Act. The new section 110 sought to make the provenance of any election material clearer.

Mr. Edward Leigh (Gainsborough)

Will the Minister give way?

Mr. O'Brien

Not at the moment, but when I have set out what the Bill is about I shall happily give way to the hon. Gentleman and his colleagues.

Mr. Fabricant

Do not forget me.

Mr. O'Brien

I will not forget the hon. Gentleman. How could I? He is a neighbour of mine and regularly appears in my local press. Indeed, I sometimes think that I cannot get away from his smiling face in the newspapers.

The new section 110 sought to make the provenance of election material clear to everyone, and did so by replacing the requirement to name the publisher with a requirement to identify the promoter and the person on behalf of whom the material is being published. The promoter is the person who calls for the material to be published and would normally be a candidate's election agent; the person on behalf of whom the material is being published would normally be the candidate himself. The new provisions relating to national electoral use deploy identical terminology.

Mr. A. J. Beith (Berwick-upon-Tweed)

Will the Minister give way?

Mr. O'Brien

If the right hon. Gentleman will forgive me, I shall explain what the Bill is about and then happily give way. Following Royal Assent, we consulted the main parties on the timetable for commencement in relation to section 143 and the new section 110. We proposed that they should come into force along with much of the rest of the 2000 Act as quickly as possible—that is, on 16 February. Unfortunately, at that time, none of the parties dissented and the order was made accordingly.

Mr. Grieve

Will the Minister give way?

Mr. O'Brien

The hon. Gentleman is very persistent, so I shall give way.

Mr. Grieve

One of my tasks was to take the 2000 Act through Committee on behalf of the Opposition. Will the Minister concede that one feature of discussion in Committee was that both the principle of various changes and the practicability of their implementation could be explored? Because he denied the House the opportunity to discuss section 143 when it came back from the House of Lords, there was no opportunity for Members to apply their practical experience to the difficulties that its implementation might cause. I am sure that the Minister will confirm that the letter from the Government makes no reference to section 143 or the problems that might surround its implementation.

Mr. O'Brien

The hon. Gentleman doth protest too much. He knows, as does everyone who watches proceedings in this place, that sometimes the Opposition—I suppose that it applies to almost any Opposition—seem to judge the quality of legislation by the length of their speeches, rather than by the quality of the drafting and the objective of making good law.

The part of the Bill under discussion was inserted in the legislation in July last year. There was plenty of time for consultation. We have always made sure that we were open to representations on the Bill from the Conservative party and any other political party. We have always emphasised our desire to move forward by way of consultation and consensus. The hon. Gentleman knows that there were opportunities for the Opposition to raise the issue in consultation or in other ways.

With regard to the letter, it is a matter for the political parties to examine the legislation and decide whether they have any points to raise. That is the purpose of the letter. We did not intend 10 set out the entire Bill in the letter that we sent to the political parties. We wanted to know whether they had any objection to our inserting particular provisions into the law.

Mr. Grieve

rose

Mr. O'Brien

I am conscious of the time. I have given way to the hon. Gentleman once, and other hon. Members have also asked me to give way. I give way to the hon. Member for Beaconsfield (Mr. Grieve) for the last time.

Mr. Grieve

I thank the Minister. He says that the Opposition did not respond, but presumably his own party did not respond, either. I understand that at least some of its national literature and posters do not conform with the requirements of the Political Parties, Elections and Referendums Act 2000.

Mr. O'Brien

That is not quite true. In the consultation period from December to January, the Labour party did not respond on the particular point. Although it did not object to the implementation of the provisions that we suggested, the Labour party did comment on them in July last year, in a telephone call, but that is all. There was no objection from the Labour party, the Conservatives or any of the political parties.

Subsequently, by 16 February, the parties and candidates throughout the country were already preparing for the county council elections. Many of us have experience of unpacking boxes of old leaflets and posters, and re-using them in later elections. Any such material would have borne the old "printer and publisher" imprint. In many cases, new material would have been commissioned without taking into account the new imprint requirements.

What is to be done in that situation? One option would have been for the parties and candidates to pulp the existing stocks of material and to arrange for new leaflets and posters to be printed. The political parties could have done that, at enormous cost and with some difficulty. However, the three main parties have made it clear to us that such an option was neither practical nor realistic. After due consideration, we accepted that, and in line with our wish to proceed by way of consensus and consultation, we agreed to accept the representations made by the three main parties.

Mr. Beith

Will the Minister give way?

Mr. O'Brien

I shall give way to the hon. Member for Lichfield (Mr. Fabricant), then to the right hon. Member for Berwick-upon-Tweed (Mr. Beith), and then to the hon. Member for Gainsborough (Mr. Leigh).

Mr. Fabricant

In his introduction, the Minister said that the Bill represented not a cancellation of legislation, but a postponement. It may be my lack of drafting skills, but I cannot find the date until which the legislation is to be postponed. Can the Minister clarify that?

Mr. O'Brien

The postponement is not until a particular date. We believe that the matter should be dealt with through consultation with the political parties. We want to enter into discussion not only with the Labour party and the Liberal Democrats, who in the past have been willing to discuss such matters, but with the Conservative party. I hope that, having learned its lesson that consultation is important, the Conservative party will engage seriously in discussions not only about this part of the political parties legislation, but in relation to other issues in the legislation that has already been passed but which has not yet come into force—where commencement provisions have not yet been enacted. I hope that the Conservative and other parties will engage in consultation about the effect on them and on the political process. We need to get it right. We are dealing with a new aspect of law and it is unsurprising that there are some teething troubles with a new area of regulation. The difficulty in question is one of those teething troubles. With the benefit of hindsight, I can say that we commenced the new imprint requirements too soon. The best course is, therefore, to suspend the process and to re-establish the status quo ante.

Mr. Beith

Will the Under-Secretary confirm that a further problem came to light only a few weeks ago? I refer to the difficulty of obtaining consistent and practical advice—a difficulty that was faced by the Electoral Commission, among others. Some of the advice suggested that the name of every candidate in a multi-candidate election would have to appear within the imprint. In the light of that lack of consistency, surely it is necessary for some agreement to be reached before the Bill is enacted on what constitutes a proper imprint.

Mr. O'Brien

The right hon. Gentleman raised that issue when he met my right hon. Friend the Home Secretary and myself. I think that that meeting occurred two weeks ago. It seemed to us that the legislation was unclear. We believe that we can deal with the matter through consultation and, if necessary, by providing clarification on the way in which we should proceed. The Bill gave us the opportunity to proceed in that manner. Clause 2 sets out how we propose to proceed in relation to election publications.

Mr. Leigh

In my experience, when a Bill is enacted, it is usually supported by at least one of the political parties that are represented in the House. The provisions were wrong in the first place because there was not sufficient time to consider them. The Under-Secretary will have noted that we have to finish Second Reading, the Committee stage and Third Reading by 11 o'clock. If we proceed by order and then counter-order, disorder will be the eventual result. We are now in the counter-order stage of our proceedings. Is not he worried that we might be rushing things again? Does he plan to allow the other place to give these provisions more detailed consideration? Let us get it right this time.

Mr. O'Brien

The Bill was introduced at the request of the Conservative party and of all the main political parties. We hope, therefore, that there is broad agreement on it. We have done our best to ensure that the drafting is correct. I thank the parliamentary draftsmen and officials who worked very hard at short notice to ensure that the Bill was in a proper condition to come before the House. With your permission, Mr. Speaker, I should like also to extend such thanks in relation to the Elections Bill, on which officials and draftsmen also worked hard.

Mr. Christopher Chope (Christchurch)

The Under-Secretary made it clear in his answer to the right hon. Member for Berwick-upon-Tweed (Mr. Beith) that the existing legislation is defective and needs amendment. Why do the Government think it reasonable to amend that legislation by issuing a fiat in a Henry VIII clause, without providing any opportunity whatever for the House to consider amendments?

Mr. O'Brien

We are not repealing the legislation. If the hon. Gentleman had listened to my opening remarks, he would be aware that we are postponing commencement in relation to a part of the legislation. We still intend to proceed with new section 110 of the Representation of the People Act 1983, but only after we have had the opportunity to consult the political parties. I hope that they will engage in the consultation with more alacrity and clarity than they have in the past. The measure is not defective and we propose to proceed with it. It is a question of when we commence that process.

We could have dealt with the existing legislation in many ways. We could have said that Parliament had decided the law and that our candidates should pulp what they had done wrong. However, we did not think that such a course of action would be consistent with the consultative and open-minded approach that we sought to adopt in order to gain the support not only of other Opposition parties, but of the Conservative party. There was no opposition to the Political Parties, Elections and Referendums Bill. The Conservatives did not vote against it. If I remember rightly, they abstained on Third Reading and did not dissent. I think also that, a number of times, they gave broad support to the general principles of the Neill report, whose implementation they wanted. There was much in that Bill that had broad support.

It is all too easy for hon. Members to criticise our parliamentary draftsmen. Drafting is an art, and they are experienced, but not infallible. Hon. Members should be careful in criticising public servants who work very hard to try to ensure that they do their best for Parliament. [Interruption.]

Mr. Speaker

Order. There is far too much noise. The Minister is entitled to put his case.

Mr. O'Brien

Thank you, Mr. Speaker.

Mr. Andrew Tyrie (Chichester)

Will the Minister give way?

Mr. O'Brien

No, I will not.

Clause 1 rescinds the commencement of section 143 of the 2000 Act and new section 110 of the 1983 Act. The natural consequence of that is to restore the position as at 16 February. In effect, it is as if the old section 110 had continued to operate after that date.

Because we still see merit in the new imprint requirements, clause 2 enables them to be reactivated by order, and it is our intention to do so in due course. I cannot at this stage offer the House a date, not least because we want to consult the Electoral Commission and political parties before we make a decision.

Mr. Andrew Stunell (Hazel Grove)

Will the Minister give way?

Mr. O'Brien

Not at the moment.

I hope that all the parties and the Electoral Commission will engage in that consultation.

Clause 3 includes a saving for any election publication that complies with new section 110. That saving will apply from 16 February 2001 to the date on which new section 110 is restored. During that transitional period, local material that complies with either the old or the new section 110 will be lawful. I hope that that reassures hon. Members and political parties. Although that option is there, my advice to anyone producing new material would be to comply with new section 110 so that any stocks left over from this year's elections could be reused at a later date. Of course, many Conservative candidates may well want to try their hand again after they have lost.

The circumstances surrounding the Bill are clearly a little unusual, but it is a necessary measure to deal with—

Mr. Eric Forth (Bromley and Chislehurst)

On a point of order, Mr. Deputy Speaker. Is there anything that you can do to protect the House in this situation? We now have 28 minutes left for the Second Reading, Committee, Report and Third Reading of the Bill, and the Minister has not yet concluded his remarks. Are you satisfied the House has sufficient time to discharge its responsibilities in the complete passage of a Bill, when the Minister is still on his feet with 28 minutes left?

Mr. Deputy Speaker (Mr. Michael Lord)

The time for which the Minister speaks is entirely a matter for him, but I hope that the whole House will bear the time very much in mind.

Mr. O'Brien

I hear what you say, Mr. Deputy Speaker. I have taken many interventions because I wanted to ensure that hon. Members had the opportunity to contribute, but I shall accept no more because the right hon. Member for Bromley and Chislehurst (Mr. Forth) takes the view that Ministers who do so should be penalised. I am trying, genuinely to assist the House, and the right hon. Gentleman seeks to use that to score cheap points. That is uncharacteristic of him; normally his points are much better considered.

Given that the county council elections will occur within nine weeks if the other place agrees with the Elections Bill passed by the House. I hope that the House will understand the need for this Bill to be enacted as quickly as possible. That will require the all-party support that was evident in another place, and I hope that the Bill will receive that here.

10.34 pm
Mrs. Angela Browning (Tiverton and Honiton)

It is astonishing that the Minister made no reference to the fact that all stages of the Bill were scheduled to be considered until any hour on Monday this week, when it could have been given proper scrutiny and attention. It is a disgrace that the Government are attempting to pass it in three quarters of an hour.

The Minister was right to say that the Opposition welcome the Bill. [HON. MEMBERS: "Oh."] Well, we might want to change our minds. The Bill has cross-party support, and I know that the parties appreciate the way in which the Home Secretary has taken difficult decisions. In introducing the Bill, however embarrassing it may be for him personally or for his Department corporately, he is discharging his duties as Home Secretary.

Despite the fact that the Home Secretary is providing a solution to the problem that the political parties face, the Bill could easily be renamed the Laurel and Hardy Bill, because it is the product of yet another fine mess the Government have got us into—and have even managed to get the Labour party into. I am sure that the Home Secretary does a very good Stan Laurel, but I shall not venture to suggest who in the Department is Oliver Hardy.

As the Minister said, the Bill was tabled in response to concerns expressed by all the main parties about the changes that have been made.

Mr. Mike O'Brien

When we had discussions with the chief executive of the Conservative party, we made it clear that we were prepared to listen to representations from his party but that we did not want cheap party political points thrown around as the hon. Lady has just been doing. That cheapens debate in this place, and makes her appear more of a Laurel and Hardy figure than anyone else.

Mrs. Browning

I am sorry that I took the Minister's intervention. A few weeks ago, I was doing a phone-in on the Ed Doolan show. I talked to a pensioner and then a mother with a young child. Suddenly we had a phone call from Mike of Warwickshire. He was apparently a constituent from Warwickshire who phoned in to ask my views on the Hunting Bill and how I intended to vote. I do not know who Mike from Warwickshire was, but when the Minister rose to make his intervention the word "prat", which went through my mind at the time, occurred to me again. I shall take no more interventions from the hon. Gentleman. He knows who he was.

Mr. Leigh

Does my hon. Friend accept that the issue is no longer the rights or wrongs of the Bill but the fact that, now that the Minister has sat down having opened the Second Reading debate, we have only 28 minutes for the remainder of Second Reading, Committee and Third Reading? That is unheard of, and—as if that were not enough—when the Opposition question the Minister, he says that all deals are off and that they are not allowed to criticise the Government. Neither time nor criticism is allowed. Are we the Supreme Soviet or the British Parliament?

Mrs. Browning

My hon. Friend is absolutely right. It is a disgrace that, although the Bill has all-party support, it arises from an Act of Parliament that was guillotined through the House. The very section that we are discussing was introduced in the House of Lords, and was never considered by the Commons on Second Reading or in Committee. It came back to the House and was guillotined through. It never had proper scrutiny in the first place.

It is a disgrace for the Minister to praise the draftsmen. He should take responsibility for the Government's failure to allow proper scrutiny of the original Bill before it became an Act of Parliament, and not keep bringing back dregs to the House of Commons so that we can put right the mess that the Government have created. Yes, the Bill has all-party support, but these proceedings are typical of this new Labour Government—all spin, no substance and no acknowledgement of their mistakes.

When this matter was discussed during proceedings on the Political Parties, Elections and Referendums Bill, the Government tabled no fewer than 665 amendments in the House of Lords. The Minister mentioned July, but in fact this matter came before the other place on 18 October. Lord Bach spoke for the Government, but it was not even explained then. The detail of what the Government are now having to defer was never explained to the House of Commons, and nor was it the subject of detailed consultation with other parties.

In an earlier debate, the Home Secretary kindly gave me a copy of a letter dated December, which was sent to other parties. It did not deal with consultation on the substance of the Bill, but was about implementation. This part of the Bill has never been subject to consultation with political parties. [Interruption.] Labour Members are saying from a sedentary position that it is about implementation. Had the substance of this part of the Bill ever been seen or discussed by this place, perhaps even a Labour Member would have noticed that it was flawed, and we would not have had to go through this charade tonight.

Mr. Andrew Miller (Ellesmere Port and Neston)

rose

Mrs. Browning

I will not give way to allow any more silly comments to be made by Labour Members. Perhaps the hon. Gentleman will catch your eye during the 20 minutes that remain for all stages of the Bill to be completed, Mr. Deputy Speaker.

I must tell the Minister that it is a disgrace that we are having to deal with this matter. It is also a disgrace that Ministers have implied tonight that there was a lack of consultation, or an unwillingness on the part of the Conservative party—[Interruption.] I invite the Minister to tell me precisely where the letter is that indicates that the Conservative party was not prepared to consult on this part of the Bill. Where is the response that he received from the party saying that we did not wish to discuss the substance of the issues before the House? That was never offered to us. All that we received was a letter which—as the Labour party itself noted, because it failed itself to point out the Bill's inadequacies—contained no reference to what the Government intended by the change in regulations governing imprints in election material. That was never spelt out—not in another place, not here, and not even in the notices that the Government sent out seeking to advise people that they intended to implement the change.

The explanatory notes containing the details were not published until March. That is why political parties on both sides of the House failed to register exactly what the Government intended to do.

Mr. Mike O'Brien

rose

Mrs. Browning

I shall be happy to give way to the Minister. I hope that he will justify the cheap allegations that he has been making about why the Conservative party did not respond. We were never asked to respond to the substance of the changes.

Mr. O'Brien

Let me say first that, obviously—as a Member of Parliament—I was invited to engage in debate with the hon. Lady on the Ed Doolan show. I am not sure why she made those silly points, but there we are. Those listening to the debate can decide for themselves.

Let me now deal with the substance. When my noble Friend Lord Bach raised these issues, Lord Cope said in reply: None of us would disagree with the intention behind these clauses."—[Official Report, House of Lords, 18 October 2000; Vol. 617, c. 1144.]

Let me add that throughout the debate on the Political Parties, Elections and Referendums Bill, and in Committee, it was clear that we were prepared to discuss all aspects of the Bill with the Conservative party. I cannot recall one occasion during the whole process on which the Conservatives entered into serious consultation with us on any part of the Bill. That is why I say now that we would welcome the Conservative party's engaging in serious consultation from now on, so that we can be sure we have a Bill that gets it right and has consensus behind it. I want that, and I want it to be taken seriously in future.

Mrs. Browning

If the Minister is serious about taking debate in the Chamber seriously, he and his Government should allow adequate time for debate and scrutiny. The Political Parties, Elections and Referendums Bill was not given adequate time, and the result is the mess that we are having to tidy up tonight.

There was no filibustering in another place—[HON. MEMBERS: "There was no filibustering here."] There was no filibustering here either; but the Government tabled no fewer than 665 amendments in another place. When those amendments came to the House of Commons, unseen by Members, debate was guillotined. That included the part of the legislation that we are dealing with tonight. There is much more that I could say—

Mr. Torn Levitt (High Peak)

The hon. Lady has not talked about the substance.

Mrs. Browning

I could talk for another 15 minutes, if the hon. Gentleman wanted me to. I will end, however, by saying that if Lord Mackay of Ardbrecknish had lived—he was the Conservative Front Bencher who originally took the Bill through the House of Lords—he would have laughed long and hard at the situation in which this House finds itself tonight. He worked hard to improve the Political Parties, Elections and Referendums Bill, just as he worked tirelessly in support of many other measures. Throughout his political career he has contributed to many Bills, and in another place he attempted to contribute to that Bill. If it does nothing else, this legislation reflects very clearly his last remarks about it. He observed that a lot of the devil was in the detail."—[Official Report, House of Lords, 27 November 2000: Vol. 619, c. 1188.] I suspect that this is not the last time that the House will have to deal with the defects, flaws and lack of scrutiny of the original Bill, which is now an Act of Parliament.

The House having been advised that it would have sufficient time to debate all stages of the Bill on Monday night, it is an absolute disgrace that we are faced with just three quarters of an hour to deal with a Bill of such importance. [HON. MEMBERS: "You don't disagree with it."] No, we do not, but even if we do agree with a Bill, the suggestion that we should pass it through the House without scrutiny shows the lack of understanding among Labour Members of what the job of Parliament—

Mr. Miller

Will the hon. Lady give way?

Mrs. Browning

No, I will not give way to the hon. Gentleman. Other hon. Members have more sensible things to say in the short time that is left.

I am sure that there is a lot more detail and many more devils to come out of that legislation, which the House will have to sort out. This Bill will have our support because it is in everyone's interests that the mess be cleared up, but it is an affront to democracy and to the House that the Government have allowed just three quarters of an hour for us to deal with this important matter.

10.46 pm
Mr. Andrew Stunell (Hazel Grove)

I do not quite share the total outrage of the hon. Member for Tiverton and Honiton (Mrs. Browning), but this is very much the "Carry on Corporal Jones Bill." We have blundered into an error which—let us be frank, although this is not usually the place where one is frank—no one saw coming: not in this House, not in the other place, not in the political party headquarters.

When the interpretation of the Political Parties, Elections and Referendums Act by the Electoral Commission filtered through to the parties, we realised that the meaning of the provision was going to place a heavy imposition on the political process.

Mr. Grieve

Will the hon. Gentleman give way?

Mr. Stunell

I shall, but the hon. Gentleman will have to be brief.

Mr. Grieve

The hon. Gentleman and I both served on the Committee that considered the Political Parties, Elections and Referendums Bill. Does he not agree that one of the features of the Committee stage of the Bill in the Commons was that there was a complete spirit of co-operation? In the course of that discussion, numerous instances of this kind emerged, were discussed and were resolved simply because they came up for scrutiny, could be examined and could be dealt with. It is the failure to do that which shames the House and the way in which we operate our procedures.

Mr. Stunell

I certainly agree with the hon. Gentleman on his interpretation of the procedures in Committee. Indeed, elsewhere, I have thanked the Minister and the Secretary of State for the Home Department for their approach to that legislation. That makes it all the more tedious and all the sadder that we have to revisit the matter tonight.

The Liberal Democrats will support this Bill, but there is an amendment standing in my name. I was hoping that the Minister might give way when he was speaking, so that he could answer the point. I hope that he might seek to intervene now to answer it because it is important.

The legislation that we are being invited to adopt tonight meets the immediate needs of the political parties and the political process, but clause 2 contains the bland wording: Introduction of new law … The Secretary of State may by order made by statutory instrument provide". It is that re-implementation process with which my amendment sought to deal. We will not reach that this evening but I would like to hear clearly from the Minister the process that the Government are prepared to write into Hansard as being the way forward, so that we know that we will not be at the behest of some future Secretary of State with less good manners and perhaps less good intentions than the current Home Secretary when it comes to re-implementation.

Mr. Mike O'Brien

I am happy to indicate how the Government would intend to proceed. This legislation, if Parliament agrees to it, will be able to stand the test of another year, I would have thought. In the meantime and certainly in the months to come, we would want to enter into serious discussions with each of the political parties, not just the three main ones, to get a view about how that particular provision and, indeed, other provisions of the legislation, should be dealt with.

I anticipate that we could allow several months for that to occur. I hope that, towards the end of the year, we will be in a position to say how we intend to proceed, having completed consultations. Then, no doubt following discussions through the usual channels, we will be able to decide whether we need legislation and, if so, the precise terms of the instrument. I hope that that helps the hon. Gentleman. I will be happy to answer any other questions that he has.

Mr. Stunell

I am grateful. The Minister referred in his speech to the electoral commissioners. It is extremely important that, having established the commission, we do not allow clause 2 to bypass it and the objective input that it was supposed to have in the management of the political process. We have been fortunate that, although the ownership of the electoral process has been in the hands of the Home Secretary, it has been so in a judicial rather than a political sense. We do not want the commissioners to be bypassed in a fudge.

Mr. O'Brien

I reassure the hon. Gentleman that the Government would want to consult the commissioners fully. Indeed, they were able to have advance sight of the clause. I understand that it went into the Bill in October but was drafted back in July.

Mr. Stunell

I am grateful. I hope that the record will show that we have had some reassurances that this necessary legislation has some of the safeguards around it that some of us seek. I welcome the Minister's offer of further consultation on wider matters, and I hope that all the parties, including the official Opposition, will take it up. It is clearly important to our democratic system to have widespread ownership of the electoral processes that we use.

Mr. Leigh

On a point of order, Mr. Deputy Speaker. I am minded to table a manuscript amendment to give effect to some of the assurances that the Minister has given. Would such a manuscript amendment be acceptable to you, and how could it be debated in the eight minutes remaining, given that we have not finished Second Reading and five more hon. Members want to speak?

Mr. Deputy Speaker

I am sure that the hon. Gentleman appreciates that that is a hypothetical question, because we have not yet reached Committee stage.

Mr. Stunell

Bearing in mind the time, I simply say that I support the Bill and that I am grateful for such assurances as we have had.

10.52 pm
Mr. Andrew Tyrie (Chichester)

The Bill addresses a problem that could have been foreseen if there had been adequate scrutiny. We are patching up matters with retrospective legislation, which is something of which we should always be wary. Indeed, I am not convinced that the Bill is needed at all. Why on earth cannot the Government simply instruct the Director of Public Prosecutions, through the Attorney-General, not to bring any prosecutions? If a private prosecution is brought, there is a well-established practice that the DPP can take it over and offer no evidence.

10.53 pm
Mr. Michael Fabricant (Lichfield)

We all support what the Bill is intended to achieve, but I am concerned that, in a few days' time, we may have to come back to it because we find a further lacuna, simply because there has not been adequate scrutiny. We do not have adequate time even for Second Reading, and we will have no Committee stage or Third Reading. We have only six minutes left.

On 11 April 2000, I wrote to the Home Secretary about how imprints ought to be applied to parliamentary websites. He replied on 18 May: You will not be surprised to learn that much of what you ask is not currently covered by electoral law as it stands. Of course, it is for the courts to interpret present statutes in the light of the evidence".

Although the Home Secretary went on to give some helpful guidance, it was merely guidance. If there had been more time to debate the Bill adequately, I would have tabled amendments—although I am surprised that the Bill does not already contain such provision—based on the Home Secretary's recommendations, so that people could be quite clear on the legality of websites appertaining to hon. Members and candidates in the forthcoming general election, whenever that is held. Currently, there is no clarity.

We have only five minutes left to consider the Bill, and other hon. Members wish to speak.

Mr. Mike O'Brien

On the point that the hon. Gentleman has raised, and to ensure that there is clarity, my advice would be to use the new provision in section 110. All three categories—the printer, the publisher and the promoter—will be covered by that, so it is all there and all clear. Subsequently, when we implement the provisions, as I trust we will, the websites can be used. I hope that that provides some clarity. What we did not want to do was to catch out someone who still had some of the old material.

Mr. Fabricant

I thank the Minister for that intervention. I know that it was intended to be helpful, but, sadly, it was not. The Bill does not, for example, deal with archival material or the use of the term MP in a uniform resource locator. They are dealt with in a letter, but not in the Bill. The Bill could have dealt with them if we had had adequate time to table amendments to it. Sadly, there is not time to do that. Sadly, yet again we see that the Government wish to deem legislation.

My fear is that we shall again have to consider this legislation in a week or two, when we discover that it is defective. Neither this Bill nor the original legislation would have been defective if we had had adequate time to scrutinise them. Time and again, however, the Government seem not to be prepared to learn that lesson.

10.57 pm
Mr. Eric Forth (Bromley and Chislehurst)

This is a grubby, seamy little measure and we really should not be giving it House room at all. It has arisen, of course, because this arrogant Government legislated without proper parliamentary process. A deal has apparently been done among political parties which cannot get their act together. Now we, the legislators, are supposed to cover up for that and change a law that we had been told was necessary. Originally, the Government said that the current arrangements were unnecessary and that the new arrangement was absolutely necessary. Now, they are saying that that was not the situation at all and that it has to be sorted out.

This is truly not the way in which we should use parliamentary process. It is not appropriate for legislation. What makes the situation worse is that, on Monday, we had an opportunity properly to debate, to scrutinise and possibly to amend the legislation. Then, the Government casually set aside that opportunity. Now, they have brought us here, under yet another guillotine, with 45 minutes in total to change the law of the land. That is utterly unacceptable and I hope that we will throw out the Bill.

10.58 pm
Mr. Edward Leigh (Gainsborough)

We have already had the debate on the amount of time allocated to the Bill, so I do not want to make that point again. However, almost every hon. Member is trying to tell the House that this is an entirely straightforward Bill. What really concerned and worried me about this process was the Minister's interventions in the speech of the hon. Member for Hazel Grove (Mr. Stunell) and the fact that the Minister clearly felt that he had to intervene to clarify to the House the Government's intentions. If the Bill were as clear as everyone is making out, why did the Minister feel that he had to intervene not once, but twice in the hon. Gentleman's speech? The hon. Gentleman was making a perfectly serious speech in which he was not attacking the Government at all, but the Minister felt that he had to clarify the Government's proposals. Is the Bill as clear as the Government say it is?

I do not think that the Bill is clear. It deals with a very complex sphere of the law and with a matter that is of acute concern to all three political parties. One mistake has already been made. Can we, please, just pause for a second and get the legislation right? Can we have a proper Committee stage and not rush the Bill through in just one minute—which is all that we have now for the Bill's remaining stages? This is not good enough.

10.59 pm
Mr. Christopher Chope (Christchurch)

The Bill cannot be in compliance with the European convention on human rights because of the process by which it is being implemented. It is absolutely outrageous, and I shall vote against it.

It being Eleven o'clock, MR. DEPUTY SPEAKER put the Question already proposed from the Chair, pursuant to Order [this day].

Question put, That the Bill be now read a Second time:—

The House divided: Ayes 327. Noes 4.

Division No. 180] [11 pm
AYES
Adams, Mrs Irene (Paisley N) Barnes, Harry
Ainger, Nick Barron, Kevin
Arbuthnot, Rt Hon James Battle, John
Armstrong, Rt Hon Ms Hilary Bayley, Hugh
Atherton, Ms Candy Beard, Nigel
Atkins. Charlotte Beith, Rt Hon A J
Atkinson, Peter (Hexham) Benn, Hilary (Leeds C)
Austin, John Benn, Rt Hon Tony (Chesterfield)
Bailey, Adrian Bercow, John
Banks, Tony Bermingham, Gerald
Best, Harold Field, Rt Hon Frank
Betts, Clive Fitzsimons, Mrs Lorna
Blears, Ms Hazel Flight, Howard
Blizzard, Bob Flynn, Paul
Boateng, Rt Hon Paul Follett, Barbara
Bottomley, Peter (Worthing W) Foster, Rt Hon Derek
Bradley, Keith (Withington) Foster, Michael Jabez (Hastings)
Bradley, Peter (The Wrekin) Foster, Michael J (Worcester)
Bradshaw, Ben Galloway, George
Brazier, Julian Gapes, Mike
Brinton, Mrs Helen George, Andrew (St Ives)
Brown, Rt Hon Nick (Newcastle E) George, Rt Hon Bruce (Walsall S)
Browne, Desmond Gerrard, Neil
Browning, Mrs Angela Gibson, Dr Ian
Buck, Ms Karen Gill, Christopher
Burden, Richard Gilroy, Mrs Linda
Burgon, Colin Golding, Mrs Llin
Butterfill, John Gordon, Mrs Eileen
Caborn, Rt Hon Richard Gray, James
Campbell, Alan (Tynemouth) Grieve, Dominic
Campbell, Mrs Anne (C'bridge) Griffiths, Jane (Reading E)
Campbell, Rt Hon Menzies (NE Fife) Griffiths, Nigel (Edinburgh S)
Griffiths, Win (Bridgend)
Campbell, Ronnie (Blyth V) Grocott, Bruce
Campbell—Savours, Dale Grogan, John
Cann, Jamie Hain, Peter
Casale, Roger Hall, Mike (Weaver Vale)
Caton, Martin Hall, Patrick (Bedford)
Cawsey, Ian Hamilton, Fabian (Leeds NE)
Chapman, Ben (Wirral S) Hammond, Philip
Chaytor, David Hanson, David
Clapham, Michael Harvey, Nick
Clark, Rt Hon Dr David (S Shields) Hayes, John
Clark, Dr Lynda (Edinburgh Pentlanck;) Heald, Oliver
Healey, John
Clarke, Charles (Norwich S) Henderson, Doug (Newcastle N)
Clarke, Rt Hon Torn (Coatbridge) Henderson, Ivan (Harwich)
Clarke, Tony (Northampton S) Hendrick, Mark
Clelland, David Hepburn, Stephen
Clifton-Brown, Geoffrey Heppell, John
Clwyd, Ann Hesford, Stephen
Coaker, Vernon Hinchliffe, David
Coffey, Ms Ann Hodge, Ms Margaret
Coleman, Iain Hood, Jimmy
Colman, Tony Hope, Phil
Cook, Frank (Stockton N) Hopkins, Kelvin
Corbett, Robin Howarth, Rt Hon Alan (Newport E)
Corbyn, Jeremy Howarth, George (Knowsley N)
Corston, Jean Howells, Dr Kim
Cousins, Jim Hoyle, Lindsay
Cran, James Hughes, Ms Bevertey (Stretford)
Cranston, Ross Hughes, Simon (Southwark N)
Crausby, David Humble, Mrs Joan
Cryer, Mrs Ann (Keighley) Hutton, John
Cryer, John (Hornchurch) Iddon, Dr Brian
Cunningham, Jim (Cov'try S) Illsley, Eric
Curtis-Thomas, Mrs Claire Jackson, Helen (Hillsborough)
Davidson, Ian Jenkins, Brian
Davies, Rt Hon Denzil (Llanelli) Johnson, Alan (Hull W & Hessle)
Davis, Rt Hon Terry (B'ham Hodge H) Johnson, Miss Melanie (Welwyn Hatfield)
Dawson, Hilton Jones, Rt Hon Barry (Alyn)
Day, Stephen Jones, Jon Owen (Cardiff C)
Denham, Rt Hon John Jones, Dr Lynne (Selly Oak)
Dismore, Andrew Jones, Martyn (Clwyd S)
Dobbin, Jim Jowell, Rt Hon Ms Tessa
Dobson, Rt Hon Frank Joyce, Eric
Donaldson, Jeffrey Kaufman, Rt Hon Gerald
Donohoe, Brian H Keeble, Ms Sally
Doran, Frank Kennedy, Jane (Wavertree)
Dowd, Jim Khabra, Piara S
Eagle, Angela (Wallasey) Kidney, David
Eagle, Maria (L'pool Garston) Kilfoyle, Peter
Edwards, Huw King, Andy (Rugby & Kenilworth)
Efford, Clive King, Ms Oona (Bethnal Given)
Fabricant, Michael Kumar, Dr Ashok
Lawrence, Mrs Jackie Purchase, Ken
Laxton, Bob Quinn, Lawrie
Leigh, Edward Radice, Rt Hon Giles
Leslie, Christopher Rammell, Bill
Levitt, Torn Rapson, Syd
Lewis, Ivan (Bury S) Raynsford, Nick
Lewis, Dr Julian (New Forest E) Rendel, David
Lewis, Terry (Worsley) Robertson, John (Glasgow Anniesland)
Linton, Martin
Lloyd, Tony (Manchester C) Robertson, Laurence (Tewk'b'ry)
Llwyd, Elfyn Robinson, Geoffrey (Cov'try NW)
Lock, David Rooker, Rt Hon Jeff
Loughton, Tim Ross, Ernie (Dundee W)
Love, Andrew Rowlands, Ted
Luff, Peter Ruane, Chris
McAvoy, Thomas Ruddock, Joan
McCafferty, Ms Chris Russell, Bob (Colchester)
McCartney, Rt Hon Ian (Makerfield) Russell, Mis Christine (Chester)
Sarwar, Mohammad
McDonagh, Siobhain Sawford, Phil
Macdonald, Calum Shaw, Jonathan
McDonnell, John Simpson, Alan (Nottingham S)
McFall, John Simpson, Keith (Mid-Norfolk)
McGuire, Mrs Anne Skinner, Dennis
McIntosh, Miss Anne Smith, Rt Hon Andrew (Oxford E)
McIsaac, Shona Smith, Angela (Basildon)
McKenna, Mrs Rosemary Smith, Rt Hon Chris (Islington S)
Mackinlay, Andrew Smith, Miss Geraldine (Morecambe & Lunesdale)
McLoughlin, Patrick
McNulty, Tony Smith, Jacqui (Redditch)
MacShane, Denis Smith, John (Glamorgan)
Mactaggart, Fiona Smith, Llew (Blaenau Gwent)
McWalter, Tony Smith, Sir Robert (W Ab'd'ns)
McWilliam, John Soley, Clive
Mahon, Mrs Alice Spellar, Jonn
Mallaber, Judy Squire, Ms Rachel
Marshall, David (Shettleston) Stanley, Rt Hon Sir John
Marshall, Jim (Leicester S) Starkey, Dr Phyllis
Martlew, Eric Steinberg, Gerry
Maxton, John Stewart, David (Inverness E)
Meacher, Rt Hon Michael Stewart, Ian (Eccles)
Michael, Rt Hon Alun Stinchcombe, Paul
Michie, Bill (Shef'ld Heeley) Stoate, Dr Howard
Miller, Andrew Straw, Rt Hon Jack
Mitchell, Austin Stringer, Graham
Moffatt, Laura Stuart, Ms Gisela
Moonie, Dr Lewis Stunell, Andrew
Moran, Ms Margaret Taylor, Rt Hon Mrs Ann (Dewsbury)
Morgan, Ms Julie (Cardiff N)
Morris, Rt Hon Ms Estelle (B'ham Yardley) Taylor, Ms Dari (Stockton S)
Taylor, David (NW Leics)
Mountford, Kali Temple-Morris, Peter
Mudie, George Thomas Gareth (Clwyd W)
Mullin, Chris Thomas Gareth R (Harrow W)
Murphy, Denis (Wansbeck) Timms, Stephen
Murphy, Rt Hon Paul (Torfaen) Tipping, Paddy
Norris, Dan Todd, Mark
O'Brien, Bill (Normanton) Touhig, Don
O'Brien, Mike (N Warks) Trickett, Jem
O'Hara, Eddie Truswell, Paul
Olner, Bill Turner, Dennis (Wolverh'ton SE)
O'Neill, Martin Turner, Or Desmond (Kemptown)
Palmer, Dr Nick Turner, Or George (NW Norfolk)
Paterson, Owen Turner, Neil (Wigan)
Pearson, Ian Twigg, Derek (Halton)
Perham, Ms Linda Twigg, Stephen (Enfield)
Pickthall, Colin Tynan, Bill
Pike, Peter L Vis, Dr Rudi
Plaskitt, James Walley, Ms Joan
Pollard, Kerry Wareing, Robert N
Pond, Chris Watts, David
Pope, Greg Webb, Steve
Prentice, Ms Bridget (Lewisham E) White, Brian
Prentice, Gordon (Pendle) Wicks, Malcolm
Prescott, Rt Hon John Widdecombe, Rt Hon Miss Ann
Prosser, Gwyn Wilkinson, John
Williams, Alan W (E Carmarthen) Worthington, Tony
Williams, Mrs Betty (Conwy) Wright, Anthony D (Gt Yarmouth)
Willis, Phil Wright, Tony (Cannock)
Wills, Michael Wyatt, Derek
Winnick, David
Winterton, Ms Rosie (Doncaster C) Tellers for the Ayes:
Wood, Mike Mr. Kevin Hughes and
Woodward, Shaun Mr. David Jamieson.
NOES
Amess, David Tellers for the Noes:
Lilley, Rt Hon Peter
Ross, William (E Lond'y) Mr. Eric Forth and
Tyrie, Andrew Mr. Christopher Chope.

Question accordingly agreed to.

Bill read a Second time, and committed to a Committee of the whole House, pursuant to Order [this day].

Bill immediately considered in Committee, pursuant to Order [this day].

It being after Eleven o'clock, THE CHAIRMAN put the Question necessary for the conclusion of proceedings in Committee, pursuant to Order [this day].

Question put, That clauses 1 to 3 stand part of the Bill:—

The Committee divided: Ayes 314, Noes 2.

Division No. 181] [11.11 pm
AYES
Adams, Mrs Irene (Paisley N) Campbell, Mrs Anne (C'bridge)
Ainger, Nick Campbell, Rt Hon Menzies (NEFife)
Amess, David
Arbuthnot, Rt Hon James Campbell, Ronnie (Blyth V)
Armstrong, Rt Hon Ms Hilary Campbell-Savours, Dale
Atherton, Ms Candy Cann, Jamie
Atkins, Charlotte Casale, Roger
Atkinson, Peter (Hexham) Caton, Martin
Austin, John Cawsey, Ian
Chapman, Ben (Wirral S)
Bailey, Adrian Chaytor, David
Banks, Tony Clapham, Michael
Barnes, Harry Clark, Rt Hon Dr David (S Shields)
Barron, Kevin Clark, Dr Lynda (Edinburgh Pentlands)
Battle, John
Bayley, Hugh Clarke, Charles (Norwich S)
Beard, Nigel Clarke, Rt Hon Torn (Coatbridge)
Beith, Rt Hon A J Clarke, Tony (Northampton S)
Benn, Hilary (Leeds C) Clelland, David
Benn, Rt Hon Tony (Chesterfield) Clifton-Brown, Geoffrey
Bermingham, Gerald Clwyd, Ann
Best, Harold Coaker, Vernon
Betts, Clive Coffey, Ms Ann
Blears, Ms Hazel Coleman, Iain
Blizzard, Bob Collins, Tim
Boateng, Rt Hon Paul Colman, Tony
Bottomley, Peter (Worthing W) Cook, Frank (Stockton N)
Bradley, Keith (Withington) Corbyn, Jeremy
Bradley, Peter (The Wrekin) Corston, Jean
Bradshaw, Ben Cousins, Jim
Brazier, Julian Cran, James
Brazier, Julian Cranston, Ross
Brinton, Mrs Helen Crausby, David
Brown, Rt Hon Nick (Newcastle E) Cryer, Mrs Ann (Keighley)
Browne, Desmond Cryer, Jonn (Hornchurch)
Browning, Mrs Angela Cunningham, Jim (Cov'try S)
Buck, Ms Karen Curtis—Thomas, Mrs Claire
Burden, Richard Davidson, Ian
Burgon, Colin Davies, Rt Hon Denzil (Llanelli)
Butterfill, John Davis, Rt Hon Terry (B'ham Hodge H)
Caborn, Rt Hon Richard
Campbell, Alan (Tynemouth) Dawson, Hilton
Day, Stephen Jowell, Rt Hon Ms Tessa
Denham, Rt Hon John Joyce, Eric
Dismore, Andrew Kaufman, Rt Hon Gerald
Dobbin, Jim Keeble, Ms Sally
Dobson, Rt Hon Frank Kennedy, Jane (Wavertree)
Donaldson, Jeffrey Khabra, Piara S
Donohoe, Brian H Kidney, David
Doran, Frank Kilfoyle, Peter
Dowd, Jim King, Andy (Rugby & Kenilworth)
Eagle, Angela (Wallasey) King, Ms Oona (Bethnal Green)
Eagle, Maria (L'pool Garston) Kumar, Dr Ashok
Edwards, Huw Lawrence, Mrs Jackie
Efford, Clive Laxton, Bob
Fabricant, Michael Leslie, Christopher
Fitzsimons, Mrs Lorna Levitt, Torn
Flight, Howard Lewis, Ivan (Bury S)
Flynn, Paul Lewis, Terry (Worsley)
Follett, Barbara Linton, Martin
Foster, Rt Hon Derek Uoyd, Tony (Manchester C)
Foster, Michael Jabez (Hastings) Llwyd, Elfyn
Foster, Michael J (Worcester) Lock, David
Galloway, George Loughton, Tim
Gapes, Mike Love, Andrew
George, Andrew (St Ives) Luff, Peter
George, Rt Hon Bruce (Walsall S) McAvoy, Thomas
Gerrard, Neil McCabe, Steve
Gibson, Dr Ian McCafferty, Ms Chris
Gill, Christopher McCartney, Rt Hon Ian (Makerfield)
Gilroy, Mrs Linda
Golding, Mrs Llin McDonagh, Siobhain
Gordon, Mrs Eileen Macdonald, Calum
Gray, James McDonnell, John
Grieve, Dominic McFall, John
Griffiths, Jane (Reading E) McGuire, Mrs Anne
Griffiths, Nigel (Edinburgh S) McIntosh, Miss Anne
Griffiths, Win (Bridgend) McIsaac, Shona
Grocott, Bruce McKenna, Mrs Rosemary
Grogan, John Mackinlay, Andrew
Hain, Peter McLoughlin, Patrick
Hall, Mike (Weaver Vale) McNulty, Tony
Hall, Patrick (Bedford) MacShane, Denis
Hamilton, Fabian (Leeds NE) Mactaggart, Fiona
Hammond, Philip McWalter, Tony
Hanson, David McWilliam, John
Hayes, John Mahon, Mrs Alice
Heald, Oliver Mallaber, Judy
Healey, John Marshall, David (Shettleston)
Henderson, Doug (Newcastle N) Marshall, Jim (Leicester S)
Henderson, Ivan (Harwich) Maxton, John
Hendrick, Mark Meacher, Rt Hon Michael
Hepburn, Stephen Michael, Rt Hon Alun
Heppell, John Michie, Bill (Shef'ld Heeley)
Hesford, Stephen Miller, Andrew
Hinchliffe, David Moffatt, Laura
Hodge, Ms Margaret Moonie, Dr Lewis
Hood, Jimmy Moran, Ms Margaret
Hope, Phil Morgan, Ms Julie (Cardiff N)
Hopkins, Kelvin Morley, Elliot
Howarth, Rt Hon Alan (Newport E) Morris, Rt Hon Ms Estelle (B'ham Yardley)
Howells, Dr Kim
Hoyle, Lindsay Mountford, Kali
Hughes, Ms Beverley (Stretford) Mullin, Chris
Hughes, Simon (Southwark N) Murphy, Denis (Wansbeck)
Humble, Mrs Joan Murphy, Rt Hon Paul (Torfaen)
Hutton, John Norris, Dan
Iddon, Dr Brian O'Brien, Bill (Normanton)
Illsley, Eric O'Brien, Mike (N Warks)
Jackson, Helen (Hillsborough) O'Hara, Eddie
Jenkins, Brian Olner, Bill
Johnson, Alan (Hull W & Hessle) O'Neill, Martin
Johnson, Miss Melanie (Welwyn Hatfield) Palmer, Dr Nick
Paterson, Owen
Jones, Rt Hon Barry (Alyn) Pearson, Ian
Jones, Jon Owen (Cardiff C) Perham, Ms Linda
Jones, Dr Lynne (Selly Oak) Pickthall, Colin
Jones, Martyn (Clwyd S) Pike, Peter L
Plaskitt, James Straw, Rt Hon Jack
Pollard, Kerry Stringer, Graham
Pond, Chris Stuart, Ms Gisela
Pope, Greg Stunell, Andrew
Prentice, Ms Bridget (Lewisham E) Taylor, Rt Hon Mrs Ann (Dewsbury)
Prentice, Gordon (Pendle)
Prescott, Rt Hon John Taylor, Ms Dari (Stockton S)
Prosser, Gwyn Taylor, David (NW Leics)
Purchase, Ken Temple-Morris, Peter
Quinn, Lawrie Thomas, Gareth (Clwyd W)
Rammell, Bill Thomas, Gareth R (Harrow W)
Rapson, Syd Timms, Stephen
Raynsford, Nick Tipping, Paddy
Robertson, John (Glasgow Anniesland) Todd, Mark
Touhig, Don
Robertson, Laurence (Tewk'b'ry) Trickett, Jon
Rooker, Rt Hon Jeff Truswell, Paul
Ross, Ernie (Dundee W) burner, Dennis (Wotverh'ton SE)
Rowlands, Ted Turner, Dr Desmond (Kemptown)
Ruane, Chris Turner, Dr George (NW Norfolk)
Ruddock, Joan Turner Neil (Wigan)
Russell, Bob (Colchester) Twigg, Derek (Halton)
Russell, Ms Christine (Chester) Twigg, Stephen (Enfield)
Sarwar, Mohammad Tynan, Bill
Sawford, Pill Vis, Dr Rudi
Shaw, Jonathan Walley, Ms Joan
Simpson, Alan (Nottingham S) Wareing, Robert N
Simpson, Keith (Mid-Norfolk) Watts, David
Skinner, Dennis Webb, Steve
Smith, Rt Hon Andrew (Oxford E) White, Brian
Smith, Angela (Basildon) wicks, Malcolm
Smith, Rt Hon Chns (Islington S) Widdecombe, Rt Hon Miss Ann
Smith, Miss Geraldine (Morecambe & Lunesdale) William Alan W (E Carmarthen)
Williams, Mrs Betty (Conwy)
Willis, Phil
Smith, John (Glamorgan) Wills, Michael
Smith, Llew (Blaenau Gwent) Winnick, David
Smith, Sir Robert (W Ab'd'ns) Winterton, Ms Rosie (Doncaster C)
Soley, Clive wood, Mike
Spellar, John Woodward, Shaun
Squire, Ms Rachel Wright, Anthony D (Gt Yarmouth)
Stanley, Rt Hon Sir John Wright, Tony (Cannock)
Startey, Dr Phyllis Wyatt, Derek
Steinberg, Gerry
Stewart, David (Inverness E) Tellers for the Ayes:
Stewart, Ian (Eccles) Mr. Kevin Hughes and
Stoate, Dr Howard Mr. David Jamieson.
NOES
Gill, Christopher Tellers for the Noes:
Ross, William (E Lond'y) Mr. Eric Forth and
Mr. Christopher Chope.

Question accordingly agreed to.

Clauses 1 to 3 ordered to stand part of the Bill

Bill reported, without amendment

Order for Third Reading read.

Motion made, and Question put forthwith, pursuant to Order [this day], That the Bill be now read the Third time.—[Mr. Touhig.]

The House divided: Ayes 285, Noes 0.

Division No. 182] [11.25 pm
AYES
Adams, Mrs Irene (Paisley N) Bailey, Adrian
Ainger, Nick Barnes, Harry
Amess, David Barron, Kevin
Arbuthnot, Rt Hon James Battle, John
Armstrong, Rt Hon Ms Hilary Bayley, Hugh
Atherton, Ms Candy Beard, Nigel
Atkins, Charlotte Beith, Rt Hon A J
Atkinson, Peter (Hexham) Benn, Hilary (Leeds C)
Benn, Rt Hon Tony (Chesterfield) Follett, Barbara
Bermingham, Gerald Foster, Rt Hon Derek
Best, Harold Foster, Michael Jabez (Hastings)
Betts, Clive Foster, Michael J (Worcester)
Blears, Ms Hazel Gapes, Mike
Blizzard, Bob George, Andrew (St Ives)
Boateng, Rt Hon Paul George, Pt Hon Bruce (Walsall S)
Bottomley, Peter (Worthing W) Gerrard, Neil
Bradley, Keith (Withington) Gibson, Dr Ian
Bradley, Peter (The Wrekin) Gilroy, Mrs Linda
Bradshaw, Ben Golding, Mrs Llin
Brazier, Julian Gordon, Mrs Eileen
Brinton, Mrs Helen Gray, James
Browne, Desmond Grieve, Dominic
Browning, Mrs Angela Griffiths, Jane (Reading E)
Buck, Ms Karen Griffiths, Nigel (Edinburgh S)
Burden, Richard Griffiths, Win (Bridgend)
Burgon, Colin Grocott, Bruce
Butterfill, John Grogan, John
Caborn, Rt Hon Richard Hain, Peter
Campbell, Alan (Tynemouth) Hall, Mike (Weaver Vale)
Campbell, Mrs Anne (C'bridge) Hall, Patrick (Bedford)
Campbell, Rt Hon Menzies (NE Fife) Hammond, Philip
Hanson, David
Campbell, Ronnie (Blyth V) Heald, Oliver
Campbell-Savours, Dale Healey, John
Casale, Roger Henderson, Doug (Newcastle N)
Caton, Martin Henderson, Ivan (Harwich)
Cawsey, Ian Hendrick, Mark
Chapman, Ben (Wirral S) Hepburn, Stephen
Chaytor, David Heppell, John
Clapham, Michael Hesford, Stephen
Clark, Rt Hon Dr David (S Shields) Hinchliffe, David
Clark, Dr Lynda (Edinburgh Penttands) Hodge, Ms Margaret
Hood, Jimmy
Clarke, Charles (Norwich S) Hope, Phil
Clarke, Rt Hon Torn (Coatbridge) Hopkins, Kelvin
Clarke, Tony (Northampton S) Howarth, Rt Hon Alan (Newport E)
Clelland, David Howells, Dr Kim
Clifton-Brown, Geoffrey Hoyle, Lindsay
Clwyd, Ann Hughes, Ms Beverley (Stretford)
Coaker, Vernon Hutton, John
Coleman, Iain Iddon, Or Brian
Colman, Tony Illsley, Eric
Corbett, Robin Jackson, Helen (Hillsborough)
Corbyn, Jeremy Jackson, Robert (Wantage)
Corston, Jean Jenkins, Brian
Cousins, Jim Johnson, Alan (Hull W & Hessle)
Cran, James Johnson, Miss Melanie (Welwyn Hatfield)
Cranston, Ross
Crausby, David Jones, Rt Hon Barry (Alyn)
Cryer, Mrs Ann (Keighley) Jones, Jon Owen (Cardiff C)
Cryer, John (Hornchurch) Jones, Dr Lynne (Selly Oak)
Cunningham, Jim (Cov'try S) Jones, Martyn (Clwyd S)
Curtis—Thomas, Mrs Claire Jowell, Rt Hon Ms Tessa
Davidson, Ian Joyce, Eric
Davies, Rt Hon Denzil (Llanelli) Kaufman, Rt Hon Gerald
Davis, Rt Hon Terry (B'ham Hodge H) Keeble, Ms Sally
Kennedy, Jane (Wavertree)
Dawson, Hilton Khabra, Piara S
Day, Stephen Kidney, David
Denham, Rt Hon John Kilfoyle, Peter
Dismore, Andrew King, Andy (Rugby & Kenilworth)
Dobbin, Jim King, Ms Oona (Bethnal Green)
Dobson, Rt Hon Frank Kumar, Dr Ashok
Donaldson, Jeffrey Lawrence, Mrs Jackie
Donohoe, Brian H Laxton, Bob
Doran, Frank Levitt, Torn
Dowd, Jim Lewis, Ivan (Bury S)
Eagle, Angela (Wallasey) Lewis, Terry (Worsley)
Eagle, Maria (L'pool Garston) Linton, Martin
Efford, Clive Lloyd, Tony (Manchester C)
Fabricant, Michael Llwyd, Elfyn
Fitzsimons, Mrs Loma Loughton, Tim
Flight, Howard Love, Andrew
Flynn, Paul Luff, Peter
McAvoy, Thomas Ruddock, Joan
McCabe, Steve Russell, Bob (Colchester)
McCafferty, Ms Chris Sarwar, Mohammad
McCartney, Rt Hon Ian (Makerfield) Sawford, Phil
Simpson, Alan (Nottingham S)
McDonagh, Siobhain Simpson, Keith (Mid-Norfolk)
Macdonald, Calum Skinner, Dennis
McDonnell, John Smith, Rt Hon Andrew (Oxford E)
McFall, John Smith, Rt Hon Chris (Islington S)
McGuire, Mrs Anne Smith, Miss Geraldine (Morecambe & Lunesdale)
McIntosh, Miss Anne
McIsaac, Shona Smith, John (Glamorgan)
McKenna, Mrs Rosemary Smith, Llew (Blaenau Gwent)
Maclean, Rt Hon David Smith, Sir Robert (W Ab'd'ns)
McLoughlin, Patrick Soley, Clive
McNulty, Tony Squire, Ms Rachel
MacShane, Denis Steinberg, Gerry
Mactaggart, Fiona Stewart, David (Inverness E)
McWalter, Tony Stewart, Ian (Eccles)
Mahon, Mrs Alice Stoate, Dr Howard
Mallaber, Judy Straw, Rt Hon Jack
Marshall, David (Shettleston) Stringer, Graham
Meacher, Rt Hon Michael Stuart, Ms Gisela
Michael, Rt Hon Alun Stunell, Andrew
Michie, Bill (Shef'ld Heeley) Taylor, Rt Hon Mrs Ann (Dewsbury)
Miller, Andrew
Moffatt Laura Taylor, Ms Dari (Stockton S)
Moonie, Dr Lewis Taylor, David (NW Leics)
Moran, Ms Margaret Temple-Morris, Peter
Morgan, Ms Julie (Cardiff N) Thomas, Gareth (Clwyd W)
Morley, Elliot Thomas, Gareth R (Harrow W)
Mullin, Chris Timms, Stephen
Murphy, Denis (Wansbeck) Tipping, Paddy
Murphy, Rt Hon Paul (Torfaen) Todd, Mark
Norris, Dan Touhig, Don
O'Brien, Bill (Normanton) Trickett, Jon
O'Brien, Mike (N Warks) Truswell, Paul
O'Hara, Eddie Turner, Dennis (Wolverh'ton SE)
Olner, Bill Turner, Dr Desmond (Kemptown)
O'Neill, Martin Turner, Dr George (NW Norfolk)
Palmer, Dr Nick Turner, Neil (Wigan)
Twigg Derek (Halton)
Paterson, Owen Twigg, Stephen (Enfield)
Pearson, Ian Tynan, Bill
Perham, Ms Linda Vis, Dr Rudi
Pickthall, Colin Walley, Ms Joan
Pike, Peter L Wareing, Robert N
Plaskitt, James Watts, David
Pond, Chris Webb, steve
Pope, Greg white Brian
Prentice, Ms Bridget (Lewisham E) Wicks, Malcolm
Prentice, Gordon (Pendle) Widdecombe, Rt Hon Miss Ann
Prosser, Gwyn Williams, Alan W (E Carmarthen)
Purchase, Ken Williams, Mrs Betty (Conwy)
Quinn, Lawrie Willis, Phil
Rammell, Bill Wills, Michael
Rapson, Syd Winnick, David
Raynsford, Nick Wood, Mike
Robertson, John (Glasgow Anniesland) Woodward, Shaun
Wright, Anthony D (Gt Yarmouth)
Robertson, Laurence (Tewk'b'ry) Wright, Tony (Cannock)
Rooker, Rt Hon Jeff
Ross, Ernie (Dundee W) Tellers for the Ayes:
Rowlands, Ted Mr. David Jamieson and
Ruane, Chris Mr. Kevin Hughes.
NOES
Tellers for the Noes:
Mr. Eric Forth and
Mr. Christopher Chope.

Question accordingly agreed to.

Bill read the Third time, and passed.

Forward to