Private Rented Sector

Debate between Lindsay Hoyle and Peter Bottomley
Tuesday 4th March 2014

(10 years, 7 months ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Deputy Speaker
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Under the Standing Order, I am now required to put the Questions necessary to dispose of proceedings on the estimates set down for consideration this day.

Peter Bottomley Portrait Sir Peter Bottomley (Worthing West) (Con)
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On a point of order, Mr Deputy Speaker. On the Serious Fraud Office supplementary estimate, which comes later, with the Justice Committee report, the agreed redactions and the Tchenguiz interests featuring in the Office of Fair Trading report on abuses of leaseholders, overvaluations of freeholds and the sale of managers’ flats, could the Question on motion No. 21 be put separately for approval?

Lindsay Hoyle Portrait Mr Deputy Speaker
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But of course.

The Deputy Speaker put the deferred Questions (Standing Order No. 54).

European Union (Approvals) Bill [Lords]

Debate between Lindsay Hoyle and Peter Bottomley
Monday 27th January 2014

(10 years, 8 months ago)

Commons Chamber
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Peter Bottomley Portrait Sir Peter Bottomley
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On a point of order, Mr Deputy Speaker. I know that we occasionally allow words from other languages in the Chamber, but I am not sure whether that one should be allowed.

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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I must admit, I did not catch the word that was said, so we will proceed.

Pensions Bill

Debate between Lindsay Hoyle and Peter Bottomley
Tuesday 29th October 2013

(10 years, 11 months ago)

Commons Chamber
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Peter Bottomley Portrait Sir Peter Bottomley
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On a point of order, Mr Deputy Speaker. Am I right in saying that, under the procedure of the House, amendment 1, which would remove clause 20, will not be called because of the guillotine?

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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I am not calling it. Unfortunately, that is the procedure of the House, as the hon. Gentleman well knows.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill (Programme) (No. 2)

Debate between Lindsay Hoyle and Peter Bottomley
Tuesday 8th October 2013

(10 years, 12 months ago)

Commons Chamber
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Graham Allen Portrait Mr Allen
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I strongly support your view, Mr Deputy Speaker, so I will not repeat anything, and will instead move on to the very long list of brand new points that I can put before the House.

The National Council for Voluntary Organisations makes a completely new point about the programming:

“We also have concerns about the lack of pre-legislative scrutiny and the lack of consultation with organisations that might be affected by the changes in order to ensure they are clear and workable. Government is committed”

—apparently—

“to the national Compact which states that ‘where it is appropriate, and enables meaningful engagement, conduct 12-week formal written consultations, with clear explanations and rationale for any shorter time-frames’”.

Peter Bottomley Portrait Sir Peter Bottomley (Worthing West) (Con)
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On a point of order, Mr Deputy Speaker. I know I am quite mature in years, but my hearing is still fairly acute and I think we are hearing about the programme of the Government. About 15 minutes have passed since we last heard about the programming of this Bill.

Lindsay Hoyle Portrait Mr Deputy Speaker
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I shall repeat what I just said to Mr Allen: we need to get to the point. This debate is about the programme motion. I have allowed a little leeway, and he has used that leeway. I think he is now in danger of taking advantage of the Chamber, and I am sure he is about to finish.

Points of Order

Debate between Lindsay Hoyle and Peter Bottomley
Thursday 6th December 2012

(11 years, 10 months ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Deputy Speaker
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It is not for the Chair to write statements. The hon. Lady has rightly put her point on the record. I am sure she will not leave it at that and take the avenues available to her to ensure that it is raised in other ways. It is certainly on the record.

Peter Bottomley Portrait Sir Peter Bottomley (Worthing West) (Con)
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On a point of order, Mr Deputy Speaker. Those here earlier will have heard the right hon. Member for Exeter (Mr Bradshaw) try to make his point of order, expressing his apparent surprise that my hon. Friend the Minister was not going to answer questions about alcohol and minimum pricing. As the right hon. Member for Exeter is quoted in his local paper as knowing that in advance, may we ask why he was so surprised and why he had to raise it again as a separate point of order?

Lindsay Hoyle Portrait Mr Deputy Speaker
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I have dealt with that point of order already.

Marine Navigation (No. 2) Bill

Debate between Lindsay Hoyle and Peter Bottomley
Friday 30th November 2012

(11 years, 10 months ago)

Commons Chamber
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Peter Bottomley Portrait Sir Peter Bottomley (Worthing West) (Con)
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I beg to move amendment 8, page 3, line 27, leave out clause 5.

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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With this it will be convenient to discuss the following:

Amendment 9, page 3, line 34, in clause 5, at end insert—

‘for the purpose of promoting safety of navigation’.

Amendment 11, page 4, line 19, at end insert—

‘(8) An order designating a harbour authority shall not be made unless the Welsh Ministers, the Secretary of State or the Scottish Ministers, as the case may be, are satisfied that the harbour authority has in place appropriate procedures for resolving any disputes that may arise in relation to a proposed harbour direction.’.

Amendment 7, page 4, line 27, at end insert—

‘(3A) Section 236(3) to (8) and section 238 of the Local Government Act 1972 apply to all harbour directions made by a designated harbour authority under section 40A and those provisions so applied have effect subject to the modification that for references to byelaws there are substituted references to harbour directions and for references to a local authority there are substituted references to a designated harbour authority.

(3B) The confirming authority for the purposes of section 236 in its application to harbour directions made under section 40A shall be the Secretary of State.’.

Government amendment 17, page 9, line 12, at end insert—

‘() the apprehension of offenders within the port constable’s police area in respect of offences committed outside that area and the transport of them to police stations outside that area;’.

Government amendment 18, page 11, line 8, leave out ‘subsection’ and insert ‘subsections (1A) and’.

Government amendment 19, page 11, line 8, at end insert—

‘(1A) Sections 5 and 6 come into force in relation to fishery harbours in Wales on such day or days as the Welsh Ministers may by order made by statutory instrument appoint.’.

Peter Bottomley Portrait Sir Peter Bottomley
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I congratulate my hon. Friend the Member for South East Cornwall (Sheryll Murray) on promoting the Bill and recognise that there is growing interest in it. The Government have managed to accommodate the substantial points made on pilotage. I congratulate the shadow Minister, to whom the Bill is familiar, and my hon. Friend the Minister on that achievement.

I have a number of proposals, one of which is that the simplest thing to do with clause 5 is remove it, which amendment 8 would do. I ought to explain to the House that I spoke briefly in Committee—I cleared my throat—for 15 minutes. We now have 75 minutes for the Bill to make progress. Were we to have, say, two Divisions, we would have about 45 minutes. Hon. Members need to recognise that there are time limitations.

Much in the Bill is of advantage, but clause 5, which amends the Harbours Act 1964, provides that each national authority can designate harbour authorities, which means we can anticipate a larger number of harbour authorities, which can give general harbour directions to ships within or entering or leaving their harbours. That currently requires a byelaw, which requires the approval of the Department. If a Minister is not prepared to approve the byelaw, it does not happen. I believe I am right that the Minister would be advised on whether the byelaw proposed is right and rational, and on whether the authority has been rational in terms of the results of the consultation—the requirement for a consultation will remain if a harbour is designated.

It has been said that, if the Government’s proposals go through, an interested group or person can object to the decision through judicial review, but that is too big a weapon for too many people. In any case, judicial review decides whether the way in which the harbour authority went about its decision was rational. If it goes about the decision unfairly, it can be stopped, but if it does it wrongly, it cannot. The decision would then be made. In the years that my wife and I were Ministers, we never had a judicial review application against us upheld. That means not that all our decisions were right, but that how we reached them was right. That illustrates the distinction.

Proposed new section 40A of the 1964 Act deals with the designation of harbour authorities. Proposed section 40B, which governs the procedure applicable to harbour direction, states that a harbour authority is required to consult users and publicise a harbour direction before and after it is given.

Proposed new section 40C, on enforcement, creates an offence. The Royal Yachting Association, of which I have been a member for some time, has raised issues with this measure. Those with longer memories will recall that, in 2008 and later, when a Bill of this nature was in the House of Lords, there was no equivalent of clause 5, because there were problems with such a proposal.

I should tell my hon. Friend the Member for South East Cornwall and the Minister that there will be significant interest in the measure in the House of Lords, to which one anticipates the Bill going after today. I predict that the Bill will be amended if the provisions are not satisfactory—I am not threatening, but anticipating. Private Member’s Bill procedures mean that a Bill amended in the House of Lords will not be at the top of the list of priorities when it returns to the Commons, so getting the Bill right between now and when the House of Lords considers it matters.

--- Later in debate ---
Peter Bottomley Portrait Sir Peter Bottomley
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I am sure that what the Minister said will be helpful. The question of whether it is sufficiently helpful will be a second test, but I am grateful to my hon. Friend and I will take that into account.

Mr Deputy Speaker, the selection of amendments to other clauses in the same debate is, if I may say so, generous to the promoter of the Bill, because it allows for fewer debates than would otherwise happen. I do not make any criticism—I just note that.

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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I am sure there is no criticism of the Chair.

Peter Bottomley Portrait Sir Peter Bottomley
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I do not propose to speak to the amendments on the other clauses, as a way of bowing with respect to my hon. Friend the Member for South East Cornwall.

Amendment 9 would insert, on page 3, line 34, the words:

“for the purpose of promoting safety of navigation”.

That is an essential point. My hon. Friend the Minister says that that is not necessary, although when I was having a discussion with my hon. Friend the Member for South East Cornwall I saw references to lobster pots and fishing lines and wondered whether the navigation point had been slightly lost, but that was a letter to her rather than a letter from her, so perhaps we can pass on from that.

The alternative or additional way is to look at amendment 11, which, at the end of line 19, would insert the words:

“(8) An order designating a harbour authority shall not be made unless the Welsh Ministers, the Secretary of State or the Scottish Ministers, as the case may be, are satisfied that the harbour authority has in place appropriate procedures for resolving any disputes that may arise in relation to a proposed harbour direction.”

My hon. Friend the Minister has made a comment on that, as far as he is able to, and we cannot expect him to speak for Welsh or Scottish Ministers, but I think they would be irrational if they did not have the same intention in mind.

Finally, amendment 7 would insert proposed new subsection (3A):

“Section 236(3) to (8) and section 238 of the Local Government Act 1972 apply to all harbour directions made by a designated harbour authority under section 40A and those provisions so applied have effect subject to the modification that for references to byelaws there are substituted references to harbour directions and for references to a local authority there are substituted references to a designated harbour authority.”

It would also insert proposed new subsection (3B):

“The confirming authority for the purposes of section 236 in its application to harbour directions made under section 40A shall be the Secretary of State.”

The point is this: clause 5 will potentially give, not just to existing designated harbour authorities, but to many, many others, the power of creating criminal offences.

Business without Debate

Debate between Lindsay Hoyle and Peter Bottomley
Tuesday 21st February 2012

(12 years, 7 months ago)

Commons Chamber
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Chris Bryant Portrait Chris Bryant
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In particular, we note that 28 March is the anniversary of the last occasion on which a Prime Minister was ousted by virtue of a vote of confidence. Can you confirm, Mr Deputy Speaker, that if we were to sit on 23 March, which is a Friday, it would be perfectly possible for there to be questions to the Prime Minister, and indeed a statement from the Prime Minister, if the Government tabled a motion to that effect?

Peter Bottomley Portrait Sir Peter Bottomley (Worthing West) (Con)
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Further to that point of order, Mr Deputy Speaker. Would it be sensible—whether generally or just in the case of the hon. Member for Rhondda (Chris Bryant)—for Members to be asked to submit their points of order in writing, so that we could be spared the words that are unnecessary to the making of the actual point?

Lindsay Hoyle Portrait Mr Deputy Speaker
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Let me say first that things can happen on a Friday, as was suggested by the hon. Member for Rhondda (Chris Bryant), and secondly that the hon. Member for Worthing West (Sir Peter Bottomley) has certainly got his point on the record.

ADJOURNMENT (EASTER, MAY, WHITSUN, SUMMER, CONFERENCE, NOVEMBER AND CHRISTMAS)

Motion made, and Question put forthwith (Standing Order No. 25),

That this House—

(1) at its rising on Tuesday 27 March 2012, do adjourn until Monday 16 April 2012;

(2) at its rising on Thursday 3 May 2012, do adjourn until Tuesday 8 May 2012;

(3) at its rising on Thursday 24 May 2012, do adjourn until Monday 11 June 2012;

(4) at its rising on Tuesday 17 July 2012, do adjourn until Monday 3 September 2012;

(5) at its rising on Tuesday 18 September 2012, do adjourn until Monday 15 October 2012;

(6) at its rising on Tuesday 13 November 2012, do adjourn until Monday 19 November 2012; and

(7) at its rising on Thursday 20 December 2012, do adjourn until Monday 7 January 2013.—(Mr Heath.)

Daylight Saving Bill

Debate between Lindsay Hoyle and Peter Bottomley
Friday 20th January 2012

(12 years, 8 months ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Mr. Chope, you are such a magnanimous Member.

Peter Bottomley Portrait Sir Peter Bottomley
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On a point of order, Mr. Deputy Speaker. May I briefly say that the issue underlying the amendments tabled by my hon. Friend the Member for Christchurch (Mr Chope) is whether we will align our waking hours and working hours to the available daylight? It is quite clear that we should do that and I hope that the amendment is rejected and that we move on to the other two groups of amendments.

Lindsay Hoyle Portrait Mr Deputy Speaker
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I am sure that there will be no more non-points of order.

Employment Opportunities Bill

Debate between Lindsay Hoyle and Peter Bottomley
Friday 17th June 2011

(13 years, 3 months ago)

Commons Chamber
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Peter Bottomley Portrait Sir Peter Bottomley (Worthing West) (Con)
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On a point of order, Mr. Deputy Speaker. Would it be open to my hon. Friend the Member for Christchurch (Mr Chope) to move the Bill formally?

Welfare Reform Bill

Debate between Lindsay Hoyle and Peter Bottomley
Wednesday 15th June 2011

(13 years, 3 months ago)

Commons Chamber
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Peter Bottomley Portrait Sir Peter Bottomley (Worthing West) (Con)
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On a point of order, Mr Deputy Speaker. We now come to a sensible grouping of amendments, to be considered together, on the personal independence payment. The first, amendment 43, refers to clause 78, but amendments 41 and 42 refer to clause 83, which is about a rather separate issue, so I hope that the Chair will take into account the progress of the debate in order to decide whether to allow a vote, if necessary, on amendments 41 and 42.

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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We will see how the debate goes, and I am sure that we will look favourably upon the issue when we get there.

Clause 78

Ability to carry out daily living activities or mobility activities

Registration of Members’ Financial Interests

Debate between Lindsay Hoyle and Peter Bottomley
Monday 7th February 2011

(13 years, 8 months ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Deputy Speaker
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Comments must relate to the motion. I understand the advice that has rightly been given, but speeches must relate to the motion.

Peter Bottomley Portrait Sir Peter Bottomley
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Further to that point of order, Mr Deputy Speaker. For us to stick to the terms of the motion, passing references to individual matters may be fine, but if we are induced—rather than “provoked”—into going into such issues in detail, the debate will change its character and its usefulness. If the advice to my hon. Friend the Member for Harlow (Robert Halfon) was that he could mention the subject, that is fine, but to go on at great length will lead to the rest of us trying to do the same thing.

Lindsay Hoyle Portrait Mr Deputy Speaker
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That is quite right. Hon. Members could start raising other issues, and I am therefore frightened that the debate will not be the one that we should hold, and that we will be drawn into other subjects. The hon. Gentleman has mentioned the issue that he needed to raise, but the debate must not stray from the motion.

Parliamentary Voting System and Constituencies Bill

Debate between Lindsay Hoyle and Peter Bottomley
Tuesday 2nd November 2010

(13 years, 11 months ago)

Commons Chamber
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Peter Bottomley Portrait Peter Bottomley (Worthing West) (Con)
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On a point of order, Mr Deputy Speaker. The facts show that those who rebel against their own party are more likely to become junior Ministers than those who do not.

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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I thank the hon. Member for that clarification, but it was not a point of order. Have you finished Mr Walker?