Orders of the Day – in the House of Commons at 5:45 pm on 11 June 2008.
Votes in this debate
Prosecution of Offences Act 1985
2 (1) Section 1(6) and (7) of the Prosecution of Offences Act 1985 (c. 23) have effect in relation to the making of an application under Part 4 of Schedule 8 to the Terrorism Act 2000 (c. 11) (a "Part 4 application") subject to the following provisions.
(2) Section 1(6) (Crown Prosecutor to have powers of Director as to the institution and conduct of proceedings) does not authorise the making of a Part 4 application by a Crown Prosecutor without the consent of the Director.
(3) Section 1(7) (power of Crown Prosecutor to give consent etc in place of Director) applies only to a Crown Prosecutor authorised by the Director in person to give consent for the purposes of Part 4 applications.
Terrorism Act 2000
3 In section 41(6), (7) and (8) of the Terrorism Act 2000 (c. 11) for "or 36" substitute ", 36 or 39".
4 In paragraph 29(3) of Schedule 8 to that Act for "paragraph 36" substitute "paragraphs 36 and 39".
5 For paragraph 36 of that Schedule (extension of warrants) substitute—
"Extension of specified period
36 (1) Each of the following—
(a) in England and Wales, a Crown Prosecutor,
(b) in Scotland, the Lord Advocate or a procurator fiscal,
(c) in Northern Ireland, the Director of Public Prosecutions for Northern Ireland,
(d) in any part of the United Kingdom, a police officer of at least the rank of superintendent,
may apply under this paragraph for the extension of the period specified in a warrant of further detention.
(2) An application under this paragraph may be made to a judicial authority if—
(a) the grant of the application (otherwise than in accordance with sub-paragraph (4)(b)) would extend that period to a time that is no more than 14 days after the relevant time, and
(b) no application has previously been made to a senior judge in respect of that period.
In any other case an application under this paragraph must be made to a senior judge.
(3) Subject to sub-paragraph (4), the period by which the specified period is extended on an application under this paragraph shall be the period—
(a) beginning with—
(i) in the case of a warrant specifying a period that has not previously been extended, the end of the period specified in the warrant, and
(ii) in any other case, the end of the period for which the period specified in the warrant was last extended; and
(b) ending with the earlier of—
(i) the end of the period of 7 days beginning with that time, or
(ii) the end of the period of 28 days beginning with the relevant time.
(4) A judicial authority or senior judge may extend the period specified in a warrant by a shorter period than is required by sub-paragraph (3) if—
(a) the application for the extension is an application for an extension by a period that is shorter than is so required, or
(b) the judicial authority or senior judge is satisfied that there are circumstances that would make it inappropriate for the period of the extension to be as long as the period so required.
(5) Where the specified period is extended, the warrant must be endorsed with a note stating the new specified period.
Extension of specified period: supplementary provisions
36A (1) Paragraphs 30(3) and 31 to 34 apply to an application under paragraph 36 as they apply to an application for a warrant of further detention.
(2) In relation to an application made to a senior judge they apply—
(a) as if references to a judicial authority were to a senior judge, and
(b) as if references to the judicial authority in question were to the senior judge in question.
(3) A judicial authority or senior judge may adjourn the hearing of an application under paragraph 36 only if the hearing is adjourned to a date before the end of the period specified in the warrant.
This does not apply to an adjournment under paragraph 33(2).
(4) In paragraph 36 "the relevant time", in relation to a person, means—
(a) the time of that person's arrest under section 41, or
(b) if that person was being detained under Schedule 7 at the time of that person's arrest under section 41, the time when that person's examination under that Schedule began.
(5) In this Part of this Schedule "senior judge" means—
(a) in England and Wales—
(i) a judge of the High Court, or
(ii) a circuit judge designated for the purposes of paragraph 36 by the Lord Chief Justice of England and Wales;
(b) in Scotland—
(i) a judge of the High Court of Justiciary, or
(ii) the sheriff;
(c) in Northern Ireland—
(i) a judge of the High Court, or
(ii) a county court judge designated for the purposes of paragraph 36 by the Lord Chief Justice of Northern Ireland.
(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (5)(a).
(7) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (5)(c)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).".
Terrorism Act 2006
6 (1) Section 25 of the Terrorism Act 2006 (c. 11) (expiry or renewal of extended maximum detention period) is amended as follows.
(2) In the heading for "extended" substitute "28 day".
(3) In subsection (3)(b) for "paragraph 37" substitute "paragraphs 36A and 37".
(4) For subsection (4) substitute—
"(4) The further consequential modifications are—
(a) the substitution for paragraph 36(2) of—
"(2) The person to whom an application under this paragraph may be made is a judicial authority.";
(b) the omission of the words "or senior judge" wherever occurring in paragraphs 36(4), 36A(3) and 37(2); and
(c) the omission of paragraph 36A(2) and (5) to (7).".'.— [Mr. McNulty.]
Brought up, and read the First time.
Question put, That the schedule be added to the Bill:—
The House divided: Ayes 315, Noes 294.
Division number 220
Orders of the Day — Part 2 — Consequential amendments
Division number 221
Orders of the Day — Part 2 — Consequential amendments
Iain Duncan Smith
Conservative, Chingford and Woodford Green
On a point of order, Mr. Speaker. We understand that internal agreement of extra expenditure in Northern Ireland of some £1.2 billion has been announced today, so I wonder whether you, Mr. Speaker, have had notice of any emergency Budget statement concerning Northern Ireland?
Michael Martin
Chair, Speaker's Committee on the Electoral Commission, Speaker of the House of Commons, Chair, Speaker's Committee on the Electoral Commission
All I can say is that that is something on which I do not want to be drawn. I will leave it at that.
Douglas Hogg
Conservative, Sleaford and North Hykeham
Further to that point of order, Mr. Speaker. Would it be in order to request that an urgent question on precisely that issue be directed to the Chancellor of the exchequer for tomorrow?
Michael Martin
Chair, Speaker's Committee on the Electoral Commission, Speaker of the House of Commons, Chair, Speaker's Committee on the Electoral Commission
I deal with Urgent Questions on the day. The right hon. and learned Gentleman would know that, as he is quite a regular at submitting urgent questions.
Liam Fox
Shadow Secretary of State for Defence
On a different point of order, Mr. Speaker. Reports are appearing in the media that there may have been a major security breach, with a top-level intelligence report on al-Qaeda having been left on a train. Will it be possible for a Minister to make a statement to the House as soon as possible on what might be a very serious issue?
Michael Martin
Chair, Speaker's Committee on the Electoral Commission, Speaker of the House of Commons, Chair, Speaker's Committee on the Electoral Commission
As the hon. Gentleman knows, Ministers are entitled to come to the House whenever they wish to make a statement. His concern will have been heard and recorded.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.
The chancellor of the exchequer is the government's chief financial minister and as such is responsible for raising government revenue through taxation or borrowing and for controlling overall government spending.
The chancellor's plans for the economy are delivered to the House of Commons every year in the Budget speech.
The chancellor is the most senior figure at the Treasury, even though the prime minister holds an additional title of 'First Lord of the Treasury'. He normally resides at Number 11 Downing Street.
An Urgent Question, formerly a Private Notice Question (PNQ), is a question in the House of Commons of an urgent nature, for which no previous notice has been given, relating to a matter of public importance or the arrangement of business. An Urgent Question may be taken at the end of Question Time if it has been submitted to, and approved by, the Speaker. The Minister concerned must be notified before the question is asked. Private Notice Questions became Urgent Questions at the start of the 2002/03 session. Further information can be obtained from factsheet P1 on the UK Parliament website.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
