HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Thursday 3rd November 2005
The House met at a quarter before ten o'clock.
PRAYERS were read by the Lord Speaker (Lord Bingham of Cornhill).
Judicial Business
1. Regina v. Secretary of State for the Home Department (Appellant) ex parte Adam (FC) (Respondent)—
2. Regina v. Secretary of State for the Home Department (Appellant) ex parte Tesema (FC) (Respondent)—
3. Regina v. Secretary of State for the Home Department (Appellant) ex parte Limbuela (FC) (Respondent)
It was moved by the Lord Bingham of Cornhill, That the 23rd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged in the appeal of the Secretary of State against Adam, that the appeal be dismissed; that the Order of the Court of Appeal of 21st May 2004 and also the Order of Mr Justice Charles in the High Court of Justice Queen's Bench Division Administrative Court of 17th February 2004 be affirmed; that the appellant do pay to the respondent his costs in this House, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the respondent in this House be taxed in accordance with the Access to Justice Act 1999; that in the appeal of the Secretary of State against Tesema, the appeal be dismissed; that the Order of the Court of Appeal of 21st May 2004 and also the Order of Mr Justice Gibbs in the High Court of Justice Queen's Bench Division Administrative Court of 16th February 2004 be affirmed; that the appellant do pay to the respondent his costs in this House, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the respondent in this House be taxed in accordance with the Access to Justice Act 1999; that in the appeal of the Secretary of State against Limbuela, the appeal be dismissed; that the Order of the Court of Appeal of 21st May 2004 and also the Order of Mr Justice Collins in the High Court of Justice Queen's Bench Division Administrative Court of 4th February 2004 be affirmed; that the appellant do pay to the respondent his costs in this House, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the respondent in this House be taxed in accordance with the Access to Justice Act 1999. [2005] UKHL 66
4. Autologic Holdings plc and others (Respondents) v. Her Majesty's Commissioners of Inland Revenue (Appellants)—
5. BNP Paribas UK Holdings Limited and others (Respondents) v. Her Majesty's Commissioners of Inland Revenue (Appellants)—
6. The Future Network plc and others (Respondents) v. Her Majesty's Commissioners of Inland Revenue (Appellants)—
7. Perkins Engines Company Limited and others (Respondents) v. Her Majesty's Commissioners of Inland Revenue (Appellants)—
8. HJ Heinz Company Inc and others (Respondents) v. Her Majesty's Commissioners of Inland Revenue (Appellants)—
9. British Telecommunications plc and others (Respondents) v. Her Majesty's Commissioners of Inland Revenue (Appellants)—
Further to the Judgment of the House of 28th July 2005 (Session 2004-05 [2005] UKHL 54), it was ordered that the respondents do pay or cause to be paid to the appellants one-half of their costs in the High Court of Justice Chancery Division so far as regards the jurisdiction issues relating to the category 1 claims as described in the several orders of Mr Justice Park of 31 March 2004, one half of their costs in Her Majesty's Court of Appeal and one half of their costs in this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties: and that the appellants do pay or cause to be paid to the respondents their costs in the High Court of Justice Chancery Division so far as regards the jurisdiction issues relating to the category 2, 3 and 4 claims.
10. Appeal Committee—The following Orders were made pursuant to the 36th Report:
R v. Sellick (Petitioner) (First petition)—That leave to appeal be refused.
R v. Sellick (Petitioner) (Second petition)—That leave to appeal be refused.
11. Appeal Committee—The following Orders were made pursuant to the 39th Report:
McCaughey (AP) (Petitioner) v. Chief Constable of the Police Service Northern Ireland (Respondent) (Northern Ireland)—That leave to appeal be given; and that the petition of appeal be lodged by 17th November.
Jordan (AP) (Petitioner) v. Lord Chancellor and another (Respondents) (Northern Ireland)—That leave to appeal be given; and that the petition of appeal be lodged by 17th November.
The House was adjourned during pleasure.The House was resumed.
Papers
12. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005, laid under the International Organisations Act 1968, together with an Explanatory Memorandum;
2. Draft Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005, laid under the Social Security Act 1988, together with an Explanatory Memorandum;
3. Draft Retention of Communications Data (Further Extension of Initial Period) Order 2005, laid under the Anti-terrorism, Crime and Security Act 2001, together with an Explanatory Memorandum.
13. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. North-West, Severn-Trent and Welsh Regional Flood Defence Committees (Boundaries Alteration) Order 2005, laid under the Environment Act 1995; (3047)
2. Draft Code of Practice for using Plant Protection Products, laid under the Food and Environment Protection Act 1985. (—)
14. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Report and Accounts for 2004-05 of the Youth Justice Board for England and Wales, laid under the Crime and Disorder Act 1998;
2. Report for 2004-05 of the Chief Surveillance Commissioner to the Prime Minister and to Scottish Ministers, laid under the Police Act 1997;
3. (i) Report for 2004 of the Interception of Communications Commissioner—
(ii) Report for 2004 of the Intelligence Services Commissioner—
laid under the Regulation of Investigatory Powers Act 2000.
Public Business
15. Ecclesiastical Committee—The Lord Chancellor acquainted the House that, pursuant to section 2 of the Church of England Assembly (Powers) Act 1919, he had nominated the following Lords to be members of the Ecclesiastical Committee established under that Act, and to serve for the duration of the present Parliament:
1.Davies of Coity, L.
Elton, L.
Judd, L.
Laming, L.
Lloyd of Berwick, L.
Massey of Darwen, B.
Newby, L.
Perry of Southwark, B.
| Pilkington of Oxenford, L.
Rendell of Babergh, B.
Shaw of Northstead, L.
Wallace of Saltaire, L.
Walpole, L.
Wilcox, B.
Williams of Elvel, L. |
16.Business of the House—It was moved by the Lord Davies of Oldham, on behalf of the Lord President (Baroness Amos), that the debate on the motion in the name of the Lord Bhattacharyya set down for today shall be limited to 2 hours and that in the name of the Lord Puttnam to 3½ hours; the motion was agreed to.
17. Commissioner for Older People (Wales) Bill [HL]—It was moved by the Lord Evans of Temple Guiting that the amendments for the Report stage be marshalled and considered in the following order:
Clause 1;
Schedule 1;
Clauses 2 and 3;
Schedule 2;
Clauses 4 to 6; | Schedule 3;
Clauses 7 to 21;
Schedule 4;
Clauses 22 to 29; |
the motion was agreed to.18. Science and technology (2-hour debate)—It was moved by the Lord Bhattacharyya that there be laid before the House papers relating to the contribution of science and technology to the United Kingdom economy; after debate, the motion was (by leave of the House) withdrawn.
19. Parliament and the public (3½-hour debate)—It was moved by the Lord Puttnam that there be laid before the House papers relating to the Hansard Society report, Members Only? Parliament in the Public Eye, on participation in the political process; after debate, the motion was (by leave of the House) withdrawn.
20. Immigration (Provision of Physical Data) (Amendment) Regulations 2005—It was moved by the Lord Bassam of Brighton, on behalf of the Baroness Scotland of Asthal, that the draft Regulations laid before the House on 10th October be approved; after debate, the motion was agreed to.
21. Tourism—The Lord Clement-Jones asked Her Majesty's Government what action they are taking to ensure that their policies reflect the value of tourism and travel to the British economy; after debate, the question was answered by the Lord Davies of Oldham.
The House was adjourned at six minutes past six o'clock
to Monday next, half-past two o'clock.
PAUL HAYTER
Clerk of the Parliaments |
