Clause 4 - The Secretary of State’s duty as to promoting autonomy
Health and Social Care(Re-Committed) Bill
2:30 pm

Photo of Roger Gale

Roger Gale (Parliamentary Assembly of the Council of Europe (Substitute Member); North Thanet, Conservative)

The question is that clause 4 stand part of the Bill. As many as are of that opinion, say aye.

Hon. Members:

Aye.

Photo of Roger Gale

Roger Gale (Parliamentary Assembly of the Council of Europe (Substitute Member); North Thanet, Conservative)

To the contrary, no. I think the ayes have it—

Photo of Emily Thornberry

Emily Thornberry (Shadow Minister (Health); Islington South and Finsbury, Labour)

I am sorry, Chair, but I believe that the Opposition Whip raised an objection to clause 4 being taken formally.

Photo of Roger Gale

Roger Gale (Parliamentary Assembly of the Council of Europe (Substitute Member); North Thanet, Conservative)

There cannot be an objection to it being taken formally; it has been debated. Let me explain: in the grouping under clause 1, all these clauses were debated and put to bed.

Photo of Emily Thornberry

Emily Thornberry (Shadow Minister (Health); Islington South and Finsbury, Labour)

Not clause 4, though, Sir.

Photo of Roger Gale

Roger Gale (Parliamentary Assembly of the Council of Europe (Substitute Member); North Thanet, Conservative)

The question on clause 4 has already been put, and there was no objection.

Photo of Emily Thornberry

Emily Thornberry (Shadow Minister (Health); Islington South and Finsbury, Labour)

There was.

Photo of Roger Gale

Roger Gale (Parliamentary Assembly of the Council of Europe (Substitute Member); North Thanet, Conservative)

Order. I will make some exception for new Members, but the hon. Member for Sedgefield has been in the House long enough to know that if I put the question on a clause and nobody rises to speak on it, I put it to the vote. I did so, and nobody shouted no.

Photo of Phil Wilson

Phil Wilson (Opposition Assistant Whip (Commons); Sedgefield, Labour)

On a point of order, Mr Gale. I did shout no.

Photo of Emily Thornberry

Emily Thornberry (Shadow Minister (Health); Islington South and Finsbury, Labour)

He absolutely did.

Photo of Simon Burns

Simon Burns (The Minister of State, Department of Health; Chelmsford, Conservative)

Can I be helpful?

Photo of Roger Gale

Roger Gale (Parliamentary Assembly of the Council of Europe (Substitute Member); North Thanet, Conservative)

No, you cannot—I am ruling. I want to be absolutely clear that the Committee has had a fair crack, but the Committee has to understand that if the Chair puts the question and nobody rises to speak, and nobody votes against—nobody rose to speak—the best you can have is a Division. I am now going to put the question on clause 4 without debate, and if the Opposition wish to vote against it, they may do so. I hope that that is being fair to the hon. Member for Sedgefield, because nobody rose to speak.

Question put, That the clause stand part of the Bill.

The Committee divided: Ayes 13, Noes 9.

Question accordingly agreed to.

Clause 4 ordered to stand part of the Bill.