HC Deb 21 November 2001 vol 375 cc419-32
Mr. Letwin

I beg to move amendment No. 102, in page 65, line 19, after "may", insert "not".

The First Deputy Chairman of Ways and Means (Sylvia Heal)

With this it will be convenient to discuss the following amendments: No. 103, page 65, line 19, after "provision", insert "except".

No. 59, in page 65 leave out lines 21 to 28 and insert— 'arising from the 2001 Framework Decision of the European Union on combating terrorism'. No. 104, in page 65 line 21, after "pillar", insert— 'limited to those directives that may be required to be implemented by 31st December 2001 under the Framework Decision on Counter-Terrorism and the 1994 and 1995 Supplementary Convention on Extradition'. No. 22, in page 66, line 8, leave out— 'except in accordance with subsection (7)'. No. 21, in page 66 line 24, leave out subsection (7).

Clause stand part.

Clause 110 stand part.

Mr. Letwin

I begin what will, of necessity, not be a long utterance by pointing out, mainly for the purposes of the other place but also I hope, in due course, for a wider audience, that it is positively one of the most astonishing features of our much-prized democracy that we can be discussing in 14 minutes a couple of clauses that relate to the fundamental structure of this country's constitution.

Clause 109 deals with the removal of proper parliamentary scrutiny of legislation on justice and home affairs, which it was the noble purpose of our former colleague and Prime Minister, John Major, to institute when he brought about, at great pains to himself and to the Government whom he led, the third pillar of the EU.

We are now faced with a Bill that will make it possible for the Government of the day to implement decisions on matters of British law, with criminal penalties attached, which have been arrived at by negotiation under the prerogative power between Ministers in Brussels, without going through the laborious process that our predecessors so carefully constructed of First and Second Reading, Committee stage, Third Reading and a similar passage in the House of Lords. None of that will now be necessary.

Sir Teddy Taylor (Rochford and Southend, East)

Does my hon. Friend not think it terribly wrong to treat European Union treaties as though they had been amended by the treaty of Nice before that treaty has been approved by all member states?

Mr. Letwin

I do, although I have to say that by comparison with the fundamental destruction of parliamentary check that these clauses bring about, that is a fine point, which I would expect my hon. Friend to make. It is an important one, but it is by no means as important.

Angela Eagle

Does the hon. Gentleman admit that the powers that we are talking about are broadly similar to, and based on, those in section 2(2) of the European Communities Act 1972, which have been working very well since our accession in that year, and that they guarantee effective parliamentary scrutiny?

Mr. Letwin

I suppose that the Minister and I have completely different views of the centrality of legislation that entails putting people in jail. Perhaps that is the central theme running through our discussions tonight. We are dealing here with something that people in the time of Charles I would certainly have recognised but which it appears Ministers have lost sight of. Our predecessors fought a civil war to try to prevent the Executive from introducing legislation under the prerogative power that would put our citizens in jail. Now, as long as the Executive take themselves off to Brussels, they will be able to do just that in a 90-minute debate hidden away Upstairs. That is a monstrosity.

Mr. McNamara

The hon. Gentleman will be aware that the city of Hull started the civil war by slamming its gates in the face of King Charles I, who went off to Nottingham in a huff. There is a democratic deficit in relation to the whole question of the third pillar. Would it not be far better if we were to seek to amend the treaties so that the ambit of the third pillar, and defence aspects and so on, came under the aegis of a properly elected European Parliament?

Mr. Letwin

The hon. Gentleman and I will differ on that point, but at least we are joined in holding the view that there should by some means be a proper democratic check. I prefer that which is provided by our own Parliament.

The Bill proposes not the replacement of one democratic check with another, but merely the removal of the greater part of that which exists. I hope that the hon. Gentleman will join us in seeking to remove these clauses wholesale, with one slight exception that the Opposition have explored with the Liberal Democrats. We understand there to be a small set of pre-existing obligations under the third pillar, which we have specifically exempted in our amendments.

We also understand that it is the intention of Ministers—we hope that they will fulfil it in practice—to introduce the European arrest warrant provisions, and hence to subject them to the full glare of parliamentary scrutiny with a reasonable timetable. We are grateful for that. Thus, we are talking about implementation of every decision and framework decision under the third pillar thereafter. I hope that the Committee will realise what it is doing if it allows Ministers to introduce the legislation in its current form. If it does not realise that, I hope that the other place will do so.

Mr. George Osborne

My point concerns an issue raised by my hon. Friend the Member for Witney (Mr. Cameron) in his cross-examination of the Under-Secretary in the Select Committee on Home Affairs. He asked her whether, as a result of the clause, measures that had absolutely nothing to do with terrorism could be introduced by affirmative resolution in this House rather than in primary legislation. She said, "The answer is yes."

Mr. Letwin

Not only was that her answer, but it was true.

Mr. Cameron

Does my hon. Friend accept that it is not only Opposition Members who feel strongly about the extraordinary power that is being taken in the clause? The Home Affairs Committee—a Labour-dominated body—agreed unanimously that it was wrong to take the power. Indeed, amendment No. 59, which originates from the Committee, seeks to restrict the power to provisions that apply to terrorism in the framework directive.

Mr. Letwin

My hon. Friend is absolutely right.

I now want to sit down to give the maximum opportunity to my opposite number, the hon. Member for Southwark, North and Bermondsey (Simon Hughes), to make the point that we are not discussing a piece of Conservative Euroscepticism. The issue has nothing to do with that, as it relates to the preservation of the fundamental ability of this House to protect British citizens.

Simon Hughes

I shall be extremely brief. I want to make the point that I was invited to make by the hon. Member for West Dorset (Mr. Letwin). The view about how we should proceed on this matter unites people who have always been sceptical about more powers going to the European Union, such as the hon. Member for Rochford and Southend, East (Sir T. Taylor), and those who have been very positive about that prospect.

We object for three simple reasons. First, it was always understood that justice and home affairs matters needed to be treated differently. That is why there is such a thing as the third pillar and why legislation dealing with liberty, prisons, policing and the rest has always been treated differently—Parliament has always been most keen to reserve its authority over those matters.

Secondly, in that area the decision of the Council of Ministers is not subject to a co-decision by the European Parliament. I do not think that all my colleagues are aware of that fact. There does not have to be democratic accountability somewhere else for that decision. There is no democratic accountability.

Angela Eagle

I think that the hon. Gentleman will find that the European Parliament takes a co-decision on some of the issues. His argument that there is no way in which that Parliament can oversee the matter—leaving aside the scrutiny that takes place as all these directives are drawn up through our processes here—is wrong.

Simon Hughes

I stand to be corrected, but I talk to colleagues who are Members of the European Parliament and lead the group there. I understand that the matters that would be governed by these clauses, which would allow the Secretary of State to put statutory instruments before the House to be debated and disposed of in 90 minutes, are not matters that would go to the European Parliament after the Council of Ministers decides on them.

The hon. Member for West Dorset, the Conservative party, the Liberal Democrat party and I have agreed that, where the United Kingdom has said that it will pass certain measures into law by the end of this year, we must do so—matters that are clearly related to terrorism or have a timetable commitment.

We are not willing, however, to sign up to a sudden change in a very delicately negotiated constitutional settlement, which provides that third pillar justice and home affairs matters will be treated differently until and unless Parliament decides otherwise. We have not debated whether we should decide differently. We have never looked at the issue in the round. We have not considered amendments to the treaty. We are being asked to do all that here, in a limited time, in the context of this Bill. That is inappropriate and I hope that hon. Members on both sides will support the amendments and will vote that the clauses should be taken out of the Bill.

Angela Eagle

I ask the Committee to resist all the amendments and agree that clauses 109 and 110 should stand part of the Bill.

On bypassing Parliament, which is the issue that has caused the outrage, these powers have been broadly working in relation to the first pillar since 1972. They provide an effective way for this Parliament to scrutinise the decisions taken—by unanimity—in the Justice and Home Affairs Council.

Annabelle Ewing

Will the hon. Lady give way?

Angela Eagle

I do not have time. I have only two minutes to answer some of the questions that have been raised. [Interruption.] I will not give way. [Interruption.] If Opposition Members had not spent so much time talking and voting, we would have had the time to have a much—[Interruption.]

The First Deputy Chairman of Ways and Means

Order. Hon. Members may wish to hear what the Minister has to say.

Angela Eagle

If we had spent less time on some of the shenanigans that we have witnessed tonight, we would have had more time to deal with the debates.

Mr. Andrew Turner

On a point of order, Mrs. Heal. Is it right to describe debating and voting on clauses as shenanigans? Is it not a right of hon. Members?

The First Deputy Chairman

Order. It is important that we get to the substance of the Bill.

Angela Eagle

The amendments to the clauses that try to focus only on terrorism simply do not work. The framework decisions that the Justice and Home Affairs Council is drawing up deal with serious crime too. If Opposition Members are serious about fighting terrorism, they need to consider not only the framework decision on terrorism but the decisions on freezing assets, money laundering and mutual judicial co-operation, which help us to catch terrorists. We know from the documents that are emerging from Kabul that al-Qaeda has been involved in money laundering and drug smuggling.

Opposition Members want to say that terrorism is important, but they also want to tie our hands when it comes to judicial co-operation on dealing with terrorist organisations. They need to realise that we need to take power at European level to ensure that we can deal with global organisations in the most effective way.

It being Ten o'clock, THE CHAIRMAN, pursuant to Order [this day], put forthwith the Question already proposed from the Chair.

Question put, That the amendment be made:—

The Committee divided: Ayes 210, Noes 344.

Division No. 78] [10 pm
AYES
Abbott, Ms Diane Beith, RtHon A J
Ainsworth, Peter (E Surrey) Bellingham, Henry
Amess, David Bennett, Andrew
Arbuthnot, Rt Hon James Bercow, John
Bacon, Richard Beresford, Sir Paul
Baker, Norman Blunt, Crispin
Baldry, Tony Boswell, Tim
Barker, Gregory Brady, Graham
Baron, John Brazier, Julian
Breed, Colin Horam, John
Brooke, Annette Howard, Rt Hon Michael
Browning, Mrs Angela Howarth, Gerald (Aldershot)
Bruce, Malcolm Hughes, Simon (Southwark N)
Burnett, John Hunter, Andrew
Burns, Simon Jack, Rt Hon Michael
Burstow, Paul Jackson, Robert (Wantage)
Burt, Alistair Jenkin, Bernard
Butterfill, John Johnson, Boris (Henley)
Cable, Dr Vincent Jones, Nigel (Cheltenham)
Calton, Mrs Patsy Keetch, Paul
Cameron, David Kennedy, Rt Hon Charles (Ross Skye & Inverness W)
Campbell, Gregory (E Lond'y)
Campbell, Rt Hon Menzies (NE Fife) Key, Robert
Kirkbride, Miss Julie
Carmichael, Alistair Knight, Rt Hon Greg (E Yorkshire)
Cash, William Laing, Mrs Eleanor
Chapman, Sir Sydney (Chipping Barnet) Lait, Mrs Jacqui
Lamb, Norman
Chidgey, David Lansley, Andrew
Chope, Christopher Laws, David
Clappison, James Leigh, Edward
Clarke, Rt Hon Kenneth (Rushcliffe) Letwin, Oliver
Lewis, Dr Julian (New Forest E)
Clifton-Brown, Geoffrey Liddell-Grainger, Ian
Collins, Tim Lidington, David
Conway, Derek Llwyd, Elfyn
Corbyn, Jeremy Loughton, Tim
Cotter, Brian Luff, Peter
Cran, James McDonnell, John
Curry, Rt Hon David McIntosh, Miss Anne
Dalyell, Tam MacKay, Rt Hon Andrew
Davey, Edward (Kingston) Maclean, Rt Hon David
Davies, Rt Hon Denzil (Llanelli) McLoughlin, Patrick
Davies, Quentin (Grantham) McNamara, Kevin
Davis, Rt Hon David (Haltemprice) Malins, Humfrey
Djanogly, Jonathan Maples, John
Dodds, Nigel Marshall, Jim (Leicester S)
Dorrell, Rt Hon Stephen Mates, Michael
Duncan, Alan (Rutland & Melton) Mawhinney, Rt Hon Sir Brian
Duncan, Peter (Galloway) May, Mrs Theresa
Evans, Nigel Mercer, Patrick
Ewing, Annabelle Mitchell, Andrew (Sutton Coldfield)
Fabricant, Michael Moore, Michael
Fallon, Michael Moss, Malcolm
Field, Mark (Cities of London) Murrison, Dr Andrew
Flight, Howard Norman, Archie
Flook, Adrian Oaten, Mark
Forth, Rt Hon Eric O'Brien, Stephen (Eddisbury)
Foster, Don (Bath) öpik, Lembit
Francois, Mark Osborne, George (Tatton)
Gale, Roger Ottaway, Richard
George, Andrew (St Ives) Page, Richard
Gibb, Nick Paice, James
Gidley, Sandra Paterson, Owen
Gillan, Mrs Cheryl Pickles, Eric
Goodman, Paul Price, Adam
Gray, James Prisk, Mark
Grayling, Chris Pugh, Dr John
Green, Damian (Ashford) Redwood, Rt Hon John
Green, Matthew (Ludlow) Reid, Alan (Argyll & Bute)
Greenway, John Rendel, David
Grieve, Dominic Robathan, Andrew
Gummer, Rt Hon John Robertson, Angus (Moray)
Hague, Rt Hon William Robinson, Mrs Iris (Strangford)
Hammond, Philip Robinson, Peter (Belfast E)
Hancock, Mike Roe, Mrs Marion
Harris, Dr Evan (Oxford W) Rosindell, Andrew
Harvey, Nick Russell, Bob (Colchester)
Hawkins, Nick Salmond, Alex
Hayes, John Sanders, Adrian
Heath, David Shephard, Rt Hon Mrs Gillian
Heathcoat-Amory, Rt Hon David Shepherd, Richard
Hoban, Mark Simmonds, Mark
Hogg, Rt Hon Douglas Simpson, Alan (Nottingham S)
Holmes, Paul Simpson, Keith (Mid-Norfolk)
Smith, Llew (Blaenau Gwent) Walter, Robert
Smith, Sir Robert (W Ab'd'ns) Waterson, Nigel
Smyth, Rev Martin (Belfast S) Watkinson, Angela
Soames, Nicholas Webb, Steve
Spelman, Mrs Caroline Weir, Michael
Spink, Bob Whittingdale, John
Spring, Richard Widdecombe, Rt Hon Miss Ann
Stanley, Rt Hon Sir John Wiggin, Bill
Steen, Anthony Wilkinson, John
Stunell, Andrew Willetts, David
Swayne, Desmond Williams, Hywel (Caemarfon)
Swire, Hugo Williams, Roger (Brecon)
Syms, Robert Willis, Phil
Tapsell, Sir Peter Wilshire, David
Taylor, Matthew (Truro) Winterton, Mrs Ann (Congleton)
Taylor, Sir Teddy Winterton, Nicholas (Macclesfield)
Thomas, Simon (Ceredigion) Wishart, Pete
Thurso, John Yeo, Tim
Tonge, Dr Jenny Young, Rt Hon Sir George
Tredinnick, David Younger-Ross, Richard
Trend, Michael
Turner, Andrew (Isle of Wight) Tellers for the Ayes:
Tyler, Paul Tom Brake and
Tyrie, Andrew Mr. Charles Hendry.
NOES
Adams, Mrs Irene (Paisley N) Chapman, Ben (Wirral S)
Ainger, Nick Chaytor, David
Ainsworth, Bob (Cov'try NE) Clark, Mrs Helen (Peterborough)
Alexander, Douglas Clark, Dr Lynda (Edinburgh Pentlands)
Allen, Graham
Armstrong, Rt Hon Ms Hilary Clark, Paul (Gillingham)
Atherton, Ms Candy Clarke, Rt Hon Charles (Norwich S)
Atkins, Charlotte
Austin, John Clarke, Rt Hon Tom (Coatbridge)
Bailey, Adrian Clarke, Tony (Northampton S)
Baird, Vera Clelland, David
Banks, Tony Clwyd, Ann
Barnes, Harry Coaker, Vernon
Barron, Kevin Coffey, Ms Ann
Battle, John Cohen, Harry
Bayley, Hugh Coleman, Iain
Beckett, Rt Hon Margaret Colman, Tony
Begg, Miss Anne Connarty, Michael
Beggs, Roy Cook, Rt Hon Robin (Livingston)
Benn, Hilary Corston, Jean
Berry, Roger Cousins, Jim
Best, Harold Cranston, Ross
Betts, Clive Crausby, David
Blackman, Liz Cruddas, Jon
Blears, Ms Hazel Cryer, Mrs Ann (Keighley)
Blizzard, Bob Cummings, John
Blunkett, Rt Hon David Cunningham, Rt Hon Dr Jack (Copeland)
Boateng, Rt Hon Paul
Borrow, David Cunningham, Jim (Cov'try S)
Bradley, Rt Hon Keith (Withington) Cunningham, Tony (Workington)
Bradley, Peter (The Wrekin) Curtis-Thomas, Mrs Claire
Bradshaw, Ben Darling, Rt Hon Alistair
Brennan, Kevin Davey, Valerie (Bristol W)
Brown, Rt Hon Nicholas (Newcastle E & Wallsend) David, Wayne
Davidson, Ian
Brown, Russell (Dumfries) Davies, Geraint (Croydon C)
Browne, Desmond Dawson, Hilton
Bryant, Chris Dean, Mrs Janet
Buck, Ms Karen Denham, Rt Hon John
Burden, Richard Dhanda, Parmjit
Burgon, Colin Dobbin, Jim
Burnham, Andy Dobson, Rt Hon Frank
Byers, Rt Hon Stephen Donohoe, Brian H
Caborn, Rt Hon Richard Doran, Frank
Campbell, Alan (Tynemouth) Dowd, Jim
Campbell, Mrs Anne (C'bridge) Drew, David
Campbell, Ronnie (Blyth V) Eagle, Angela (Wallasey)
Caplin, Ivor Eagle, Maria (L'pool Garston)
Caton, Martin Edwards, Huw
Cawsey, Ian Efford, Clive
Ellman, Mrs Louise Keen, Ann (Brentford & Isleworth)
Ennis, Jeff Kemp, Fraser
Etherington, Bill Kennedy, Jane (Wavertree)
Farrelly, Paul Khabra, Piara S
Fisher, Mark Kidney, David
Fitzpatrick, Jim Kilfoyle, Peter
Fitzsimons, Mrs Lorna King, Andy (Rugby & Kenilworth)
Flint, Caroline King, Ms Oona (Bethnal Green)
Foster, Rt Hon Derek Knight, Jim (S Dorset)
Foster, Michael (Worcester) Kumar, Dr Ashok
Foster, Michael Jabez (Hastings) Ladyman, Dr Stephen
Foulkes, George Lammy, David
Francis, Dr Hywel Lawrence, Mrs Jackie
Gapes, Mike Laxton, Bob
Gardiner, Barry Lazarowicz, Mark
George, Rt Hon Bruce (Walsall S) Lepper, David
Gerrard, Neil Leslie, Christopher
Gibson, Dr Ian Levitt, Tom
Gilroy, Linda Lewis, Ivan (Bury S)
Godsiff, Roger Lewis, Terry (Worsley)
Goggins, Paul Liddell, Rt Hon Mrs Helen
Griffiths, Jane (Reading E) Linton, Martin
Griffiths, Nigel (Edinburgh S) Lloyd, Tony
Griffiths, Win (Bridgend) Love, Andrew
Grogan, John Lucas, Ian
Hain, Rt Hon Peter Luke, Iain
Hall, Mike (Weaver Vale) Lyons, John
Hall, Patrick (Bedford) McAvoy, Thomas
Hamilton, David (Midlothian) McCabe, Stephen
Hamilton, Fabian (Leeds NE) McCafferty, Chris
Hanson, David McCartney, Rt Hon Ian
Harman, Rt Hon Ms Harriet MacDonald, Calum
Harris, Tom (Glasgow Cathcart) MacDougall, John
Havard, Dai McFall, John
Healey, John McGuire, Mrs Anne
Henderson, Doug (Newcastle N) McIsaac, Shona
Henderson, Ivan (Harwich) McKenchin, Ann
Hendrick, Mark McKenna, Rosemary
Hepburn, Stephen Mackinlay, Andrew
Heppell, John Mactaggart, Fiona
Hermon, Lady McWalter, Tony
Hesford, Stephen McWilliam, John
Hewitt, Rt Hon Ms Patricia Mahmood, Khalid
Heyes, David Mallaber, Judy
Hill, Keith Mandelson, Rt Hon Peter
Hodge, Margaret Mann, John
Hood, Jimmy Marris, Rob
Hoon, Rt Hon Geoffrey Marsden, Gordon (Blackpool S)
Hope, Phil Marshall, David (Shettleston)
Hopkins, Kelvin Martlew, Eric
Howarth, Rt Hon Alan (Newport E) Meacher, Rt Hon Michael
Howarth, George (Knowsley N) Meale, Alan
Howells, Dr Kim Merron, Gillian
Hoyle, Lindsay Michael, Rt Hon Alun
Hughes, Beverley (Stretford) Miliband, David
Hughes, Kevin (Doncaster N) Miller, Andrew
Humble, Mrs Joan Mitchell, Austin (Gt Grimsby)
Hurst, Alan Moffatt, Laura
Hutton, Rt Hon John Moonie, Dr Lewis
Iddon, Dr Brian Moran, Margaret
Illsley, Eric Morley, Elliot
Ingram, Rt Hon Adam Morris, Rt Hon Estelle
Jackson, Glenda (Hampstead) Munn, Ms Meg
Jackson, Helen (Hillsborough) Murphy, Denis (Wansbeck)
Jamieson, David Murphy, Jim (Eastwood)
Jenkins, Brian Murphy, Rt Hon Paul (Torfaen)
Johnson, Alan (Hull W & Hessle) Naysmith, Dr Doug
Jones, Helen (Warrington N) O'Brien, Bill (Normanton)
Jones, Jon Owen (Cardiff C) O'Brien, Mike (N Warks)
Jones, Kevan (N Durham) O'Hara, Edward
Jones, Martyn (Clwyd S) Olner, Bill
Jowell, Rt Hon Tessa O'Neill, Martin
Joyce, Eric Organ, Diana
Kaufman, Rl Hon Gerald Osborne, Sandra (Ayr)
Keeble, Ms Sally Owen, Albert
Keen, Alan (Feltham & Heston) Palmer, Dr Nick
Pearson, Ian Spellar, Rt Hon John
Pertham, Linda Squire, Rachel
Picking, Anne Starkey, Dr Phyllis
Pickthall, Colin Steinberg, Gerry
Pike, Peter Stevenson, George
Plaskitt, James Stewart, David (Inverness E)
Pollard, Kerry Stewart, Ian (Eccles)
Pond, Chris Stoate, Dr Howard
Pope, Greg Stringer, Graham
Powell, Sir Raymond Tami, Mark
Prentice, Ms Bridget (Lewisham E) Taylor, Rt Hon Ann (Dewsbury)
Prentice, Gordon (Pendle) Taylor, Ms Dan (Stockton S)
Prescott, Rt Hon John Taylor, David (NW Leics)
Primarolo, Dawn Thomas, Gareth (Clwyd W)
Prosser, Gwyn Thomas, Gareth R (Harrow W)
Purchase, Ken Timms, Stephen
Purnell, James Tipping, Paddy
Quin, Rt Hon Joyce Todd, Mark
Quinn, Lawrie Touhig, Don
Rammell, Bill Trickett, Jon
Rapson, Syd Truswell, Paul
Raynsford, Rt Hon Nick Turner, Dennis (Wolverth'ton SE)
Reed, Andy (Loughborough) Turner, Dr Desmond (Kemptown)
Robertson, John (Glasgow Anniesland) Turner, Neil (Wigan)
Twigg, Derek (Halton)
Robinson, Geoffrey (Cov'try NW) Twigg, Stephen (Enfield)
Roche, Mrs Barbara Tynan, Bill
Rooney, Terry Walley, Ms Joan
Ross, Ernie Ward, Ms Claire
Roy, Frank Wareing, Robert N
Ruane, Chris Watson, Tom
Ruddock, Joan Watts, David
Russell, Ms Christine (Chester) Whitehead, Dr Alan
Ryan, Joan Wicks, Malcolm
Salter, Martin Williams, Rt Hon Alan (Swansea W)
Sarwar, Mohammad
Savidge, Malcolm Williams, Mrs Betty (Conwy)
Sawford, Phil Wills, Michael
Shaw, Jonathan Wilson, Brian
Sheerman, Barry Winnick, David
Sheridan, Jim Winterton, Ms Rosie (Doncaster C)
Shipley, Ms Debra Wood, Mike
Simon, Siôn Woodward, Shaun
Smith, Rt Hon Andrew (Oxford E) Worthington, Tony
Smith, Angela (Basildon) Wright, Anthony D (Gt Yarmouth)
Smith, Rt Hon Chris (Islington S) Wright, David (Telford)
Smith, Geraldine (Morecambe) Wright, Tony (Cannock)
Smith, Jacqui (Redditch)
Smith, John (Glamorgan) Tellers for the Noes:
Soley, Clive Mr. Tony McNulty and
Southworth, Helen Mr. Phil Woolas.

Question accordingly negatived.

Question put, That clauses 109 and 110 stand part of the Bill:—

The Committee divided: Ayes 343, Noes 203.

Division No. 79] [10.15 pm
AYES
Adams, Mrs Irene (Paisley N) Battle, John
Ainger, Nick Bayley, Hugh
Ainsworth, Bob (Cov'try NE) Beckett, Rt Hon Margaret
Alexander, Douglas Begg, Miss Anne
Allen, Graham Benn, Hilary
Armstrong, Rt Hon Ms Hilary Berry, Roger
Atherton, Ms Candy Best, Harold
Atkins, Charlotte Betts, Clive
Austin, John Blackman, Liz
Bailey, Adrian Blears, Ms Hazel
Baird, Vera Blizzard, Bob
Banks, Tony Blunkett Rt Hon David
Barnes, Harry Boateng, Rt Hon Paul
Barron, Kevin Borrow, David
Bradley, Rt Hon Keith (Withington) Fitzpatrick, Jim
Bradley, Peter (The Wrekin) Fitzsimons, Mrs Lorna
Brennan, Kevin Flint, Caroline
Brown, Rt Hon Nicholas (Newcastle E & Wallsend) Foster, Rt Hon Derek
Foster, Michael (Worcester)
Brown, Russell (Dumfries) Foster, Michael Jabez (Hastings)
Browne, Desmond Foulkes, George
Bryant, Chris Francis, Dr Hywel
Buck, Ms Karen Gapes, Mike
Burden, Richard Gardiner, Barry
Burgon, Colin George, Rt Hon Bruce (Walsall S)
Burnham, Andy Gerard, Neil
Byers, Rt Hon Stephen Gibson, Dr Ian
Caborn, Rt Hon Richard Gilroy, Linda
Campbell, Alan (Tynemouth) Godsiff, Roger
Campbell, Mrs Anne (C'bridge) Goggins, Paul
Campbell, Ronnie (Blyth V) Griffiths, Jane (Reading E)
Caplin, Ivor Griffiths, Nigel (Edinburgh S)
Caton, Martin Griffiths, Win (Bridgend)
Cawsey, Ian Grogan, John
Chapman, Ben (Wirral S) Hain, Rt Hon Peter
Chaytor, David Hall, Mike (Weaver Vale)
Clark, Mrs Helen (Peterborough) Hall, Patrick (Bedford)
Clark, Dr Lynda (Edinburgh Pentlands) Hamilton, David (Midlothian)
Hamilton, Fabian (Leeds NE)
Clark, Paul (Gillingham) Hanson, David
Clarke, Rt Hon Charles (Norwich S) Harman, Rt Hon Ms Harriet
Harris, Tom (Glasgow Cathcart)
Clarke, Rt Hon Tom (Coatbridge) Havard, Dai
Clarke, Tony (Northampton S) Healey, John
Clelland, David Henderson, Doug (Newcastle N)
Clwyd, Ann Henderson, Ivan (Harwich)
Coaker, Vernon Hendrick, Mark
Coffey, Ms Ann Hepburn, Stephen
Cohen, Harry Heppell, John
Coleman, Iain Hermon, Lady
Colman, Tony Hesford, Stephen
Connarty, Michael Hewitt, Rt Hon Ms Patricia
Cook, Rt Hon Robin (Livingston) Heyes, David
Corston, Jean Hill, Keith
Cousins, Jim Hodge, Margaret
Cranston, Ross Hood, Jimmy
Crausby, David Hoon, Rt Hon Geoffrey
Cruddas, Jon Hope, Phil
Cryer, Mrs Ann (Keighley) Hopkins, Kelvin
Cummings, John Howarth, Rt Hon Alan (Newport E)
Cunningham, Rt Hon Dr Jack (Copeland) Howarth, George (Knowsley N)
Howells, Dr Kim
Cunningham, Jim (Cov'try S) Hoyle, Lindsay
Cunningham, Tony (Workington) Hughes, Beverley (Stretford)
Curtis-Thomas, Mrs Claire Hughes, Kevin (Doncaster N)
Dalyell, Tam Humble, Mrs Joan
Darling, Rt Hon Alistair Hurst, Alan
Davey, Valerie (Bristol W) Hutton, Rt Hon John
David, Wayne Iddon, Dr Brian
Davidson, Ian Illsley, Eric
Davies, Geraint (Croydon C) Ingram, Rt Hon Adam
Dawson, Hilton Jackson, Glenda (Hampstead)
Dean, Mrs Janet Jackson, Helen (Hillsborough)
Denham, Rt Hon John Jamieson, David
Dhanda, Parmjit Jenkins, Brian
Dobbin, Jim Johnson, Alan (Hull W & Hessle)
Dobson, Rt Hon Frank Jones, Helen (Warrington N)
Donohoe, Brian H Jones, Jon Owen (Cardiff C)
Doran, Frank Jones, Kevan (N Durham)
Dowd, Jim Jones, Martyn (Clwyd S)
Drew, David Jowell, Rt Hon Tessa
Eagle, Angela (Wallasey) Joyce, Eric
Eagle, Maria (L'pool Garston) Kaufman, Rt Hon Gerald
Edwards, Huw Keeble, Ms Sally
Efford, Clive Keen, Alan (Feltham & Heston)
Ellman, Mrs Louise Keen, Ann (Brentford & Isleworth)
Ennis, Jeff Kemp, Fraser
Etherington, Bill Kennedy, Jane (Wavertree)
Farrelly, Paul Khabra, Piara S
Fisher, Mark Kidney, David
King, Andy (Rugby & Kenilworth) Pike, Peter
King, Ms Oona (Bethnal Green) Plaskitt, James
Knight, Jim (S Dorset) Pollard, Kerry
Kumar, Dr Ashok Pond, Chris
Ladyman, Dr Stephen Pope, Greg
Lammy, David Prentice, Ms Bridget (Lewisham E)
Lawrence, Mrs Jackie Prentice, Gordon (Pendle)
Laxton, Bob Primarolo, Dawn
Lazarowicz, Mark Prosser, Gwyn
Lepper, David Purchase, Ken
Leslie, Christopher Purnell, James
Levitt, Tom Quin, Rt Hon Joyce
Lewis, Ivan (Bury S) Quinn, Lawrie
Lewis, Terry (Worsley) Rammell, Bill
Liddell, Rt Hon Mrs Helen Rapson, Syd
Linton, Martin Raynsford, Rt Hon Nick
Lloyd, Tony Reed, Andy (Loughborough)
Love, Andrew Robertson, John (Glasgow Anniesland)
Lucas, Ian
Luke, Iain Robinson, Geoffrey (Cov'try NW)
Lyons, John Roche, Mrs Barbara
McAvoy, Thomas Rooney, Terry
McCabe, Stephen Ross, Ernie
McCafferty, Chris Roy, Frank
McCartney, Rt Hon Ian Ruane, Chris
McDonagh, Siobhain Ruddock, Joan
MacDonald, Calum Russell, Ms Christine (Chester)
MacDougall, John Ryan, Joan
McFall, John Salter, Martin
McGuire, Mrs Anne Sarwar, Mohammad
McIsaac, Shona Savidge, Malcolm
McKechin, Ann Sawford, Phil
McKenna, Rosemary Shaw, Jonathan
Mackinlay, Andrew Sheerman, Barry
Mactaggart, Fiona Sheridan, Jim
McWalter, Tony Shipley, Ms Debra
McWilliam, John Simon, Siôn
Mahmood, Khalid Skinner, Dennis
Mallaber, Judy Smith, Rt Hon Andrew (Oxford E)
Mandelson, Rt Hon Peter Smith, Rt Hon Chris (Islington S)
Mann, John Smith, Geraldine (Morecambe)
Marris, Rob Smith, Jacqui (Redditch)
Marsden, Gordon (Blackpool S) Smith, John (Glamorgan)
Marshall, David (Shettleston) Soley, Clive
Martlew, Eric Southworth, Helen
Meacher, Rt Hon Michael Spellar, Rt Hon John
Meale, Alan Squire, Rachel
Merron, Gillian Starkey, Dr Phyllis
Michael, Rt Hon Alun Steinberg, Gerry
Miliband, David Stevenson, George
Miller, Andrew Stewart, David (Inverness E)
Mitchell, Austin (Gt Grimsby) Stewart, Ian (Eccles)
Moffatt, Laura Stoate, Dr Howard
Moonie, Dr Lewis Stringer, Graham
Moran, Margaret Tami, Mark
Morley, Elliot Taylor, Rt Hon Ann (Dewsbury)
Morris, Rt Hon Estelle Taylor, Ms Dari (Stockton S)
Mullin, Chris Taylor, David (NW Leics)
Munn, Ms Meg Thomas, Gareth (Clwyd W)
Murphy, Denis (Wansbeck) Timms, Stephen
Murphy, Jim (Eastwood) Tipping, Paddy
Murphy, Rt Hon Paul (Torfaen) Todd, Mark
Naysmith, Dr Doug Touhig, Don
O'Brien, Bill (Normanton) Trickett, Jon
O'Brien, Mike (N Warks) Truswell, Paul
O'Hara, Edward Turner, Dennis (Wolverh'ton SE)
Olner, Bill Turner, Dr Desmond (Kemptown)
O'Neill, Martin Turner, Neil (Wigan)
Organ, Diana Twigg, Derek (Halton)
Osborne, Sandra (Ayr) Twigg, Stephen (Enfield)
Owen, Albert Tynan, Bill
Palmer, Dr Nick Walley, Ms Joan
Pearson, Ian Ward, Ms Claire
Perham, Linda Wareing, Robert N
Picking, Anne Watson, Tom
Pickthall, Colin Watts, David
Whitehead, Dr Alan Woodward, Shaun
Wicks, Malcolm Worthington, Tony
Williams, Rt Hon Alan (Swansea W) Wray, James
Wright, Anthony D (Gt Yarmouth)
Williams, Mrs Betty (Conwy) Wright, David (Telford)
Wills, Michael Wright, Tony (Cannock)
Wilson, Brian Wyatt, Derek
Winnick, David Tellers for the Ayes:
Winterton, Ms Rosie (Doncaster C) Mr. Tony McNulty and
Wood, Mike Mr. Phil Woolas.
NOES
Ainsworth, Peter (E Surrey) Fight, Howard
Allan, Richard Rook, Adrian
Amess, David Forth, Rt Hon Eric
Arbuthnot, Rt Hon James Foster, Don (Bath)
Bacon, Richard Francois, Mark
Baker, Norman Gale, Roger
Baldry, Tony Gibb, Nick
Barker, Gregory Gidley, Sandra
Baron, John Gillan, Mrs Cheryl
Beggs, Roy Goodman, Paul
Beith, Rt Hon A J Gray, James
Bellingham, Henry Grayling, Chris
Bercow, John Green, Damian (Ashford)
Beresford, Sir Paul Green, Matthew (Ludlow)
Blunt, Crispin Greenway, John
Boswell, Tim Grieve, Dominic
Brady, Graham Gummer, Rt Hon John
Brazier, Julian Hague, Rt Hon William
Breed, Colin Hammond, Philip
Brooke, Annette Hancock, Mike
Browning, Mrs Angela Harris, Dr Evan (Oxford W)
Bruce, Malcolm Harvey, Nick
Burnett, John Hawkins, Nick
Burns, Simon Hayes, John
Burstow, Paul Heath, David
Burt, Alistair Heathcoat-Amory, Rt Hon David
Butterfill, John Hoban, Mark
Cable, Dr Vincent Hogg, Rt Hon Douglas
Calton, Mrs Patsy Holmes, Paul
Cameron, David Horam, John
Campbell, Gregory (E Lond'y) Howard, Rt Hon Michael
Campbell, Rt Hon Menzies (NE Fife) Howarth, Gerald (Aldershot)
Hughes, Simon (Southwark N)
Carmichael, Alistair Hunter, Andrew
Cash, William Jack, Rt Hon Michael
Chapman, Sir Sydney (Chipping Barnet) Jackson, Robert (Wantage)
Jenkin, Bernard
Chidgey, David Johnson, Boris (Henley)
Chope, Christopher Jones, Nigel (Cheltenham)
Clappison, James Keetch, Paul
Clarke, Rt Hon Kenneth (Rushcliffe) Key, Robert
Kirkbride, Miss Julie
Clifton-Brown, Geoffrey Knight, Rt Hon Greg (E Yorkshire)
Collins, Tim Laing, Mrs Eleanor
Conway, Derek Lamb, Norman
Corbyn, Jeremy Lansley, Andrew
Cotter, Brian Laws, David
Cran, James Leigh, Edward
Curry, Rt Hon David Letwin, Oliver
Davey, Edward (Kingston) Lewis, Dr Julian (New Forest E)
Davies, Rt Hon Denzil (Llanelli) Liddell-Grainger, Ian
Davies, Quentin (Grantharm) Lidington, David
Davis, Rt Hon David (Haltemprice) Llwyd, Elfyn
Djanogly, Jonathan Loughton, Tim
Dodds, Nigel Luff, Peter
Dorrell, Rt Hon Stephen McDonnell, John
Duncan, Alan (Rutland & Melton) McIntosh, Miss Anne
Duncan, Peter (Galloway) MacKay, Rt Hon Andrew
Evans, Nigel Maclean, Rt Hon David
Ewing, Annabelle McLoughlin, Patrick
Fabricant, Michael McNamara, Kevin
Fallen, Michael Malins, Humfrey
Field, Mark (Cities of London) Maples, John
Mates, Michael Spink, Bob
Mawhinney, Rt Hon Sir Brian Spring, Richard
May, Mrs Theresa Stanley, Rt Hon Sir John
Mercer, Patrick Steen, Anthony
Mitchell, Andrew (Sutton Coldfield) Stunell, Andrew
Moore, Michael Swayne, Desmond
Moss, Malcolm Swire, Hugo
Norman, Archie Syms, Robert
Oaten, Mark Tapsell, Sir Peter
O'Brien, Stephen (Eddisbury) Taylor, Matthew (Truro)
ôpik, Lembit Taylor, Sir Teddy
Osborne, George (Tatton) Thomas, Simon (Ceredigion)
Ottaway, Richard Thurso, John
Page, Richard Tonge, Dr Jenny
Paice, James Tredinnick, David
Paterson, Owen Trend, Michael
Pickles, Eric Turner, Andrew (Isle of Wight)
Price, Adam Tyler, Paul
Prisk, Mark Tyrie, Andrew
Pugh, Dr John Walter, Robert
Redwood, Rt Hon John Watkinson, Angela
Reid, Alan (Argyll & Bute) Webb, Steve
Rendel, David Weir, Michael
Robathan, Andrew Whittingdale, John
Robertson, Angus (Moray) Widdecombe, Rt Hon Miss Ann
Robertson, Laurence (Tewk'b'ry) Wiggin, Bill
Robinson, Mrs Iris (Strangford) Wilkinson, John
Robinson, Peter (Belfast E) Willetts, David
Roe, Mrs Marion Williams, Hywel (Caemarfon)
Rosindell, Andrew Williams, Roger (Brecon)
Russell, Bob (Colchester) Willis, Phil
Salmond, Alex Wilshire, David
Sanders, Adrian Winterton, Mrs Ann (Congleton)
Shephard, Rt Hon Mrs Gillian Winterton, Nicholas (Macclesfield)
Shepherd, Richard Wishart, Pete
Simmonds, Mark Yeo, Tim
Simpson, Alan (Nottingham S) Young, Rt Hon Sir George
Simpson, Keith (Mid-Norfolk) Younger-Ross, Richard
Smith, Llew (Blaenau Gwent)
Smith, Sir Robert (W Ab'd'ns) Tellers for the Noes:
Smyth, Rev Martin (Belfast S) Mr. Charles Hendry and
Spelman, Mrs Caroline Tom Brake.

Question accordingly agreed to.

Clauses 109 and 110 ordered to stand part of the Bill.

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