House of Lords
Session 2005 - 06
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Minutes and Order Papers

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Tuesday 25th October 2005

The House met at half-past two o’clock.

PRAYERS were read by the Lord Bishop of Chelmsford.

1.  Baroness Deech—Dame Ruth Lynn Deech, DBE, having been created Baroness Deech, of Cumnor in the County of Oxfordshire, for life by Letters Patent dated 5th October 2005, was introduced between the Baroness Hale of Richmond and the Lord Patten of Barnes, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

2.  Baroness Valentine—Josephine Clare Valentine, having been created Baroness Valentine, of Putney in the London Borough of Wandsworth, for life by Letters Patent dated 10th October 2005, was introduced between the Lord Oakeshott of Seagrove Bay and the Lord King of Bridgwater, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

Judicial Business

3.  Saha (Petitioner) and another v. Lilley (Respondent)—The petition of Sisir Kumar Saha praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

4.  Appeal Committee—The 46th Report from the Appeal Committee was agreed to and the following Orders were made—

    Markos (Petitioner) v. Goodfellow and others (Respondents)—That the petition be dismissed as inadmissible.

    Robson (Petitioner) v. Mitchell (Her Majesty’s Inspector of Taxes) (Respondent)—That leave to appeal be refused; that the respondent be at liberty to apply for his costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Messenger Leisure Developments Limited (Petitioners) v. Her Majesty’s Revenue and Customs (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Papers

5.  House of Lords Resource Accounts 2004-05—The Resource Accounts for the year 2004-05 were laid before the House and ordered to be printed. (HL Paper 54)

6.  Command Papers—The following papers, having been presented to the House by command of Her Majesty, were ordered to lie on the Table:

    Education—Higher Standards, Better Schools For All: Government proposals.    (6677)

7.  Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:

    1.  Protected Rights (Transfer Payment) (Amendment) Regulations 2005, laid under the Pension Schemes Act 1993;  (2906)

    2.  Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) (No. 2) Order 2005, laid under the Housing Act 1985;    (2908)

    3.  Medical Devices (Amendment) Regulations 2005, laid under the European Communities Act 1972;    (2909)

    4.  Dissolution etc. (Pensions) Regulations 2005, laid under the Civil Partnership Act 2004;    (2920)

    5.  (i)  Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005—    (2921)

      (ii)  Family Proceedings (Amendment) (No. 5) Rules 2005—  (2922)

      laid under the Matrimonial and Family Proceedings Act 1984;

    6.  Family Law Act 1996 (Part IV) (Allocation of Proceedings) (Amendment) Order 2005, laid under the Family Law Act 1996;    (2924)

    7.  Magistrates’ Courts (Miscellaneous Amendments) Rules 2005, laid under the Magistrates’ Courts Act 1980;    (2930)

    8.  (i)  Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005—  (2966)

      (ii)    Draft Code of Practice on the Duty to Promote Disability Equality—  (—)

      laid under the Disability Discrimination Act 1995;

    9.  Financial Services and Markets Act 2000 (Consequential Amendments) Order 2005, laid under the Financial Services and Markets Act 2000.  (2967)

8.  Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:

    1.    (i)  Report on the making of a Call-out Order—

      (ii)    Amendment to the published rate of experimental pay for the Royal Air Force, the Royal Air Force Reserve and the Royal Auxiliary Air Force—

      laid under the Reserve Forces Act 1996;

    2.  Amendment to the rates of pay and trainer pay for medical and dental officers of the Royal Air Force, The Royal Air Force Reserve and the Royal Auxiliary Air Force, laid under the Air Force (Constitution) Act 1917;

    3.  Report and Accounts for 2004-05 of the Churches Conservation Trust, laid under the Pastoral Measure 1983.

Select Committee Report

9.  Merits of Statutory Instruments—The following report from the Select Committee was made and ordered to be printed:

    11th Report, on the following negative instruments:

      Bovine Products (Restriction on Placing on the Market) (England) Regulations 2005;

      Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005;

      Supply of Relevant Veterinary Medicinal Products Order 2005;

      British Nationality (General) (Amendment) Regulations 2005;

      Disclosure of Vehicle Insurance Information Regulations 2005. (HL Paper 53)

Public Business

10.  Estate Agents (Independent Redress Scheme) Bill [HL]—A bill to amend the Estate Agents Act 1979 to make provision for independent consumer redress in connection with the sale and purchase of residential property was presented by the Lord Dubs, read a first time and ordered to be printed. (HL Bill 30)

11.  Racial and Religious Hatred Bill—The House resolved itself into a Committee upon the bill; an amendment was agreed to (see division list); a further amendment was agreed to; the House was resumed for a statement; the House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed and the bill was reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 31)

1.  12.  Social Security Benefits Up-rating Regulations 2005—It was moved by the Baroness Greengross to resolve, That this House regrets that the Government have not considered uprating the state pension rights of all United Kingdom citizens living abroad in the Social Security Benefits Up-rating Regulations 2005, laid before the House on 18th March (S.I. 2005/632); after debate, the motion was (by leave of the House) withdrawn.

The House was adjourned at twenty minutes before nine o’clock

till tomorrow, half-past two o’clock.

PAUL HAYTER

  Clerk of the Parliaments

APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

The Committee met at half-past three o’clock.

    Commons Bill [HL]—The bill was considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the Committee was adjourned after clause 13 stood part.

The Committee was adjourned at twenty-seven minutes past seven o’clock.

 
 
 
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Prepared: 26 october 2005