House of Lords
Session 2005 - 06
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Minutes and Order Papers

Minutes and Order Paper - Minutes of Proceedings

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Monday 5th December 2005

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

PRAYERS were read by the Lord Bishop of Chelmsford.

1.  Lord Belstead—The Lord Chancellor acquainted the House that Lord Belstead, a member of the House, had died on 3rd December 2005.

Judicial Business

2.  Miller (Appellant) v. Miller (Respondent) (England)—The appeal of Alan Jonathan Richard Miller was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 16th January.

3.  Wallace and another (Respondents) v. Crossley and another (Petitioners) (First petition)—The petition of Elizabeth Claire Crossley and Peter John Crossley praying for leave to appeal was presented and referred to an Appeal Committee (lodged 2nd December).

4.  Wallace and another (Respondents) v. Crossley and another (Petitioners) (Second petition)—The petition of Elizabeth Claire Crossley and Peter John Crossley praying for leave to appeal was presented and referred to an Appeal Committee (lodged 2nd December).

5.  R (on the application of Laporte) (FC) (Original Appellant and Cross-respondent) v. Chief Constable of Gloucestershire (Original Respondent and Cross-appellant)—The appeal was set down for hearing and referred to an Appellate Committee.

6.  Beggs (AP) (Respondent) v. Scottish Ministers (Appellants) (Scotland)—The appeal was set down for hearing and referred to an Appellate Committee.

7.  Gaafar (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—The petitioner’s certificate of public funding was lodged.

8.  Appeal Committee—The 63rd Report from the Appeal Committee was agreed to and the following Orders were made—

    St Helens Borough Council (Respondents) v. Derbyshire (Petitioner) and others—That the petition of the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission that they might be heard or otherwise intervene in the said appeal be allowed.

    St Helens Borough Council (Respondents) v. Derbyshire (Petitioner) and others—That leave to appeal be given; and that the petition of appeal be lodged by 19th December.

9.  Appeal Committee—The 64th Report from the Appeal Committee was agreed to and the following Orders were made—

    Lonsdale (Petitioner) v. Braisby (Her Majesty’s Inspector of Taxes) (Respondent)—That leave to appeal be refused; that the respondent be at liberty to apply for her 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.

    Murad and another (Respondents) v. Al-Saraj and others (Petitioners)—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.

    Langley (FC) (Petitioner) v. Bradford Metropolitan District Council and another (Respondents)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and that the second respondent be at liberty to apply for his costs in accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Beoku-Betts (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 19th December.

Papers

10.  Command Paper—The following paper, having been presented to the House by command of Her Majesty, was ordered to lie on the Table:

    Budget—Pre-Budget Report December 2005: Britain meeting the global challenge: Enterprise, fairness and responsibility.  (6701)

11.  Statutory Instruments (Standing Order 71)—The following negative instruments, having been laid before the House on 2nd December, were ordered to lie on the Table:

    1.  National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2005, laid under the National Assistance Act 1948;    (3277)

    2.  Revenue and Customs (Complaints and Misconduct) Regulations 2005, laid under the Commissioners for Revenue and Customs Act 2005.    (3311)

12.  Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

    Draft Climate Change Agreements (Energy-intensive Installations) Regulations 2006, laid under the Finance Act 2000, together with an Explanatory Memorandum.

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

    1.  Feed (Hygiene and Enforcement) (England) Regulations 2005, laid under the European Communities Act 1972;  (3280)

    2.  Feeding Stuffs (England) Regulations 2005, laid under the Agriculture Act 1970;   (3281)

    3.  Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (District of New Forest) Order 2005, laid under the Road Traffic Act 1991;  (3295)

    4.  Hydrocarbon Oil Duties (Reliefs for Electricity Generation) Regulations 2005, laid under the Hydrocarbon Oil Duties Act 1979.  (3320)

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 Advisory, Conciliation and Arbitration Service, laid under the Trade Union and Labour Relations (Consolidation) Act 1992;

    2.  Immigration (Designation of Travel Bans) (Amendment) Order 2005, laid under the Immigration Act 1971.    (3310)

Public Business

15.  Council Tax (New Valuation Lists for England) Bill—A bill to make provision about the dates on which new valuation lists for the purposes of council tax must be compiled in relation to billing authorities in England was brought from the Commons, read a first time and ordered to be printed. (HL Bill 51)

16.  Council Tax (New Valuation Lists for England) Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 51-EN)

17.  Regulation of Financial Services (Land Transactions) Bill—The bill was read a third time and passed.

18.  Harbours Bill [HL]—The bill was read a third time and passed and sent to the Commons.

19.  Terrorism Bill—The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; an amendment was agreed to; the House was resumed.

20.  Legal Aid (Northern Ireland) Order 2005—It was moved by the Lord Rooker that the draft Order laid before the House on 15th November be approved; after debate, the motion was agreed to.

The House was adjourned during pleasure.The House was resumed.

1.  21.  Terrorism Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed after amendment 20.

The House was adjourned at two minutes before ten 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.

    Civil Aviation Bill—The bill was considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after amendment 28.

The Committee was adjourned at a quarter past seven o’clock.

 
 
 
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Prepared: 6 december 2005