House of Lords
Session 2005 - 06
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Minutes and Order Papers

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Wednesday 5th July 2006

The House met at a quarter before ten o’clock.

PRAYERS were read by the Lord Bishop of Chester.

1.  Earldom of Swinton in the Peerage of United Kingdom—The Lord Chancellor reported that Nicholas John Cunliffe-Lister had established his succession to the Earldom of Swinton. The Clerk of the Parliaments was accordingly directed to enter the Earl of Swinton on the register of hereditary peers maintained under Standing Order 10(5).

Judicial Business

2.  Harding (Appellant) v. Wealands (Respondent)—It was moved by the Lord Bingham of Cornhill, That the 63rd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed; that the Order of the Court of Appeal of 17th December 2004 be set aside and the Order of Mr Justice Elias in the High Court of Justice Queen’s Bench Division of 27th May 2004 restored; and that the question of costs in this House and in the Court of Appeal be adjourned in order that the parties may make written submissions within 14 days. [2006] UKHL 32

3.  Sutradhar (FC) (Appellant) v. Natural Environment Research Council (Respondents)— It was moved by the Lord Nicholls of Birkenhead, That the 64th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 20th February 2004 be affirmed and the appeal dismissed; and that the appellant do pay or cause to be paid to the respondents their costs in this House and below, the amount of such costs in this House, if any, to be paid by the appellant and to be paid out of the Community Legal Service Fund to be certified by the Clerk of the Parliaments, if not agreed between the parties, in accordance with regulations pursuant to section 11 of the Access to Justice Act 1999; that costs below be paid in accordance with the Order of Her Majesty’s Court of Appeal of 20th February 2004 which was affirmed; and that the costs of the appellant in this House be taxed in accordance with the Access to Justice Act 1999.

4.  Hosseini and others (Petitioners) v. Vice Prosecutor of the Courts of Higher Instance, Paris, France (Respondent)—The petition of Azad Hosseini, Omar Ahmed and Besran Zada praying for leave to appeal in accordance with the Extradition Act 2003 was presented and referred to an Appeal Committee (lodged 27th June).

5.  R (on the application of Abrams) (Petitioner) v. Local Government Ombudsman (Respondent)—The petition of Joseph David Abrams praying for leave to appeal was presented and referred to an Appeal Committee.

6.  Appeal Committee—The 115th Report from the Appeal Committee was agreed to and the following Order was made—

    R (on the application of Drain) (Appellant) v. Secretary of State for the Environment, Food and Rural Affairs (Respondent) and one other action—That the petition of Yattendon Estates Limited that they might be heard or otherwise intervene in the said appeal be allowed.

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

Papers

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

    Contingent Liability—Minute from the Department for Transport providing the annual update concerning Government support for Network Rail borrowing.    (—)

8.  Regulatory Reform—The following order was laid before the House under section 4(2) of the Regulatory Reform Act 2001 and referred to the Delegated Powers and Regulatory Reform Committee:

    Draft Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006, together with a statement by the Department for Environment, Food and Rural Affairs.

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

    1.  European Qualifications (Professions Complementary to Dentistry) Regulations 2006, laid under the European Communities Act 1972;  (1718)

    2.  Private and Voluntary Health Care (England) (Amendment No.2) Regulations 2006, laid under the Care Standards Act 2000;   (1734)

    3.  Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England And Wales) (Amendment) (No. 2) Regulations 2006, laid under the European Communities Act 1972;  (1742)

    4.  Gambling Act 2005 (Transitional Provisions) (No. 2) Order 2006, laid under the Gambling Act 2005.  (1758)

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

    1.  Report for 2005-06 of the Postal Services Commission, laid under the Postal Services Act 2000;

    2.  Report for 2005 of Her Majesty’s Inspectors of Explosives for Northern Ireland, laid under the Explosives Act 1875;

    3.  Report and Accounts for 2004-05 of the Northern Ireland Council for the Curriculum, Examinations and Assessment, laid under the Education (Northern Ireland) Order 1998;

    4.  Amendment List 12 to Air Publication 3392, Volume Seven (First Edition): Regulations for the Reserve Air Forces, laid under the Reserve Forces Act 1996.

Select Committee Reports

11.  Statutory Instruments—The 32nd Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

      Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2006;

      Draft Adoption and Children Act 2002 (Consequential Amendment to Statutory Adoption Pay) Order 2006;

      Draft Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2006;

    it was ordered that the Report be printed. (HL Paper 220)

Public Business

12.  Consolidated Fund (Appropriation) (No. 3) Bill—A bill to authorise the use of resources for the service of the year ending with 31st March 2007 and to apply certain sums out of the Consolidated Fund to the service of the year ending with 31st March 2007; to appropriate the supply authorised in this Session of Parliament for the service of the year ending with 31st March 2007; and to repeal certain Consolidated Fund and Appropriation Acts was brought from the Commons endorsed with the certificate of the Speaker that the bill is a money bill and read a first time.

13.  Conventions—A message was brought from the Commons that they concur with the order of this House of 20th June that it be an instruction to the Joint Committee on Conventions that it report by the end of this session of Parliament.

14.  House Committee—It was moved by the Chairman of Committees that the Lord Speaker (Baroness Hayman) be appointed a member of the House Committee, and that the Lord Speaker be appointed Chairman in place of the Chairman of Committees; the motion was agreed to.

15.  Procedure of the House—It was moved by the Chairman of Committees that the Lord Speaker (Baroness Hayman) be appointed a member of the Procedure Committee; the motion was agreed to.

16.  Piped Music and Showing of Television Programmes Bill [HL]—The order of commitment was discharged.

1.  17.  Education and Inspections 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.

18.  Police and Criminal Evidence Act 1984 (Code of Practice C and Code of Practice H) Order 2006—It was moved by the Baroness Scotland of Asthal that the draft Order laid before the House on 14th June be approved; after debate, the motion was agreed to.

19.  Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006—It was moved by the Baroness Scotland of Asthal that the draft Order laid before the House on 14th June be approved; after debate, the motion was agreed to.

20.  Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2006—It was moved by the Baroness Scotland of Asthal that the draft Order laid before the House on 12th June be approved; after debate, the motion was agreed to.

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

21.  Education and Inspections 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 clause 3 stood part.

The House was adjourned at a quarter before eleven o’clock till tomorrow, eleven o’clock.

PAUL HAYTER

  Clerk of the Parliaments

 
 
 
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Prepared: 6 july 2006