New Clause 3 — Prior permission of the court

Internet Communications (Regulation) – in the House of Commons at 3:30 pm on 6 January 2015.

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Votes in this debate

‘(1) This section applies if the Secretary of State—

(a) makes the relevant decisions in relation to an individual, and

(b) makes an application to the court for permission to impose measures on the individual.

(2) The application must set out a draft of the proposed TEO notice.

(3) The function of the court on the application is—

(a) to determine whether the relevant decisions of the Secretary of State are obviously flawed, and

(b) to determine whether to give permission to impose measures on the individual and (where applicable) whether to exercise the power of direction under subsection (9).

(4) The court may consider the application—

(a) in the absence of the individual;

(b) without the individual having been notified of the application; and

(c) without the individual having been given an opportunity (if the individual was aware of the application) of making any representations to the court.

(5) But that does not limit the matters about which rules of court may be made.

(6) In determining the application, the court must apply the principles applicable on an application for judicial review.

(7) In a case where the court determines that a decision of the Secretary of State that condition A, condition B, or condition C is met is obviously flawed, the court may not give permission under this section.

(8) In any other case, the court may give permission under this section.

(9) If the court determines that the Secretary of State‘s decision that condition D is met is obviously flawed, the court may (in addition to giving permission under subsection (8) give directions to the Secretary of State in relation to the measures to be imposed on the individual.

(10) 1n this section “relevant decisions” means the decisions that the following conditions are met—

(a) condition A;

(b) condition B;

(c) condition C; and

(d) condition D.”—(Mr Hanson.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.

The House proceeded to a Division, andMadam Deputy Speaker having directed that the doors be locked—

Photo of Eleanor Laing Eleanor Laing Deputy Speaker (First Deputy Chairman of Ways and Means), First Deputy Chairman of Ways and Means

Order. As there was a reason for the delay and a large number of Members were held up coming into the Chamber, we will unlock the doors.

Whereupon the doors were unlocked.

The House having divided:

Ayes 230, Noes 315.

Division number 123 Internet Communications (Regulation) — New Clause 3 — Prior permission of the court

Aye: 230 MPs

No: 315 MPs

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

Question accordingly negatived.

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

Secretary of State

Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.

Deputy Speaker

The Deputy speaker is in charge of proceedings of the House of Commons in the absence of the Speaker.

The deputy speaker's formal title is Chairman of Ways and Means, one of whose functions is to preside over the House of Commons when it is in a Committee of the Whole House.

The deputy speaker also presides over the Budget.

clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

Division

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.

teller

A person involved in the counting of votes. Derived from the word 'tallier', meaning one who kept a tally.