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

Tuesday 25th July 2006

The House met at eleven o’clock.

PRAYERS were read by the Lord Bishop of Sheffield.

1.  Baroness Butler-Sloss—The Right Honourable Dame Ann Elizabeth Oldfield Butler-Sloss, GBE, having been created Baroness Butler-Sloss, of Marsh Green in the County of Devon, for life by Letters Patent dated in the forenoon of 13th June 2006, was introduced between the Lord Woolf and the Lord Carswell, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

2.  Lord Harries of Pentregarth—The Right Reverend Richard Douglas Harries, lately Bishop of Oxford, having been created Baron Harries of Pentregarth, of Ceinewydd in the County of Dyfed, for life by Letters Patent dated 30th June 2006, was introduced between the Lord Wilson of Tillyorn and the Baroness Neuberger, 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.  Stansell Limited (Petitioners) v. Co-operative Group (CWS) Limited (Respondents) and another—Upon application by the petitioners (the agents for the respondents consenting thereto), it was ordered that the petition be withdrawn and that there be no order as to costs.

4.  Appeal Committee—The following Order was made pursuant to the 111th Report—

    IDA Limited (Respondents) and others v. University of Southampton 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.

5.  Appeal Committee—The 119th Report from the Appeal Committee was agreed to and the following Order was made—

    R (on the application of National Grid Gas plc (Petitioners)) v. Environment Agency (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 8th August.

6.  Appeal Committee—The 120th Report from the Appeal Committee was agreed to and the following Orders were made—

    Dabas (Petitioner) v. High Court of Justice, Madrid, Spain (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 8th August.

    Hosseini and others (Petitioners) v. Vice Prosecutor of the Courts of Higher Instance, Paris, France (Respondent)—That leave to appeal be refused.

7.  Appeal Committee—The 121st Report from the Appeal Committee was agreed to and the following Orders were made—

    R v. Anderson (Petitioner)—That leave to appeal be refused.

    R v. Norris (Petitioner)—That leave to appeal be refused.

8.  Appeal Committee—The 122nd Report from the Appeal Committee was agreed to and the following Orders were made—

    R (on the application of K) (Petitioner) v. West London Health NHS Trust (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 respondents be at liberty to apply for their 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.

    1.  Oates (Petitioner) v. Stimson and another (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.

    R v. HTM Limited (Respondent)—That leave to appeal be refused.

    United Utilities Water plc (Petitioners) v. Environment Agency for England and Wales (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 8th August.

9.  Appeal Committee—The 123rd Report from the Appeal Committee was agreed to and the following Orders were made—

    Office of Fair Trading (Respondents) v. Lloyds TSB Bank plc and others (Petitioners) and others (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 8th August.

    Her Majesty’s Revenue and Customs (Petitioners) v. Edinburgh’s Telford College (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.

    Akrill (as personal representative of the estate of George Gordon Akrill) (Petitioner) and others v. Derbyshire County Council and others (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.

10.  Appeal Committee—The 124th Report from the Appeal Committee was agreed to and the following Order was made—

    Her Majesty’s Revenue and Customs (Petitioners) v. Bookit Limited (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.

11.  Appeal Committee—The 125th Report from the Appeal Committee was agreed to and the following Orders were made—

    Rothwell (Original Petitioner and Cross-respondent) v. Chemical and Insulating Company Limited and others (Original Respondents and Cross-petitioners)—That leave to cross-appeal be given; and that the petition of cross-appeal be lodged by 8th August.

    Johnston (Original Petitioner and Cross-respondent) v. NEI International Combustion Limited (Original Respondents and Cross-petitioners)—That leave to cross-appeal be given; and that the petition of cross-appeal be lodged by 8th August.

    Topping (Original Petitioner and Cross-respondent) v. Benchtown Limited (formerly Jones Bros. Preston Limited) (Original Respondents and Cross-petitioners)—That leave to cross-appeal be given; and that the petition of cross-appeal be lodged by 8th August.

Papers

12.  Registration of Interests—It was ordered that the Register of Lords’ Interests, prepared by the Clerk of the Parliaments pursuant to the Code of Conduct adopted by the House on 2nd July 2001, be printed. (HL Paper 244)

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

    1.  Tribunals, Courts and Enforcement Bill, Draft—Draft Tribunals, Courts and Enforcement Bill;    (6885)

    2.  Hong Kong—Report for the period 1st January to 30th June 2006 on the Implementation of the Sino-British Joint Declaration on Hong Kong.    (6891)

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

    1.  Church of England (Legal Aid) (Amendment) Rules 2006, laid under the Church of England (Legal Aid) Measure 1994;    (1939)

    2.    (i)  Legal Officers (Annual Fees) Order 2006—    (1940)

      (ii)  Parochial Fees Order 2006—  (1942)

      (iii)  Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2006—  (1943)

      laid under the Ecclesiastical Fees Measure 1986;

    3.  Care of Cathedrals Rules 2006, laid under the Care of Churches and Ecclesiastical Jurisdiction Measure 1991;    (1941)

    4.  Derelict Land Clearance Area (Briar’s Lane, Hatfield) Order 2006, laid under the Derelict Land Act 1982;    (1950)

    5.  Motor Vehicles (Tests) (Amendment) Regulations 2006, laid under the Road Traffic Act 1988;    (1998)

    6.  Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2006, laid under the Housing Act 1996;    (2007)

    7.  Local Government Pension Scheme (Amendment) (No. 2) Regulations 2006, laid under the Superannuation Act 1972;    (2008)

    8.  Blood Safety and Quality (Amendment) Regulations 2006, laid under the European Communities Act 1972.    (2013)

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

    1.  (i)  Civil Service Compensation Scheme (Amendment) Scheme 2006 (No. 2)—

      (ii)     Principal Civil Service Pension Scheme (Amendment) Scheme 2006 (No. 2)—

      (iii)     Civil Service Additional Voluntary Contribution Scheme (Amendment) Scheme 2006 (No. 2)—

      laid under the Superannuation Act 1972;

    2.  Report and Accounts for 2005-06 of the Council for Healthcare Regulatory Excellence, laid under the National Health Service Reform and Health Care Professions Act 2002;

    3.  Report and Accounts for 2005-06 of the Forestry Commission, laid under the Exchequer and Audit Departments Act 1921;

    4.  Statement from the Department for Environment, Food and Rural Affairs of remuneration and allowances payable to members of the British Waterways Board, laid under the Transport Act 1962;

    5.  Statement from the Department for Environment, Food and Rural Affairs of remuneration and allowances payable to members of the Covent Garden Market Authority, laid under the Covent Garden Market Authority Act 1961;

    6.  Report and Accounts for 2005-06 of the Horticultural Development Council, laid under the Industrial Organisation and Development Act 1947;

    7.  Report and Accounts for 2005-06 of the General Social Care Council, laid under the Care Standards Act 2000.

Select Committee Reports

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

    43rd Report, on the following negative instrument:

      Statement of Changes in Immigration Rules. (HL Paper 242)

17.  European Union—The 45th Report from the Select Committee, Correspondence with Ministers—March 2005 to January 2006, was made and ordered to be printed. (HL Paper 243)

Private Business

18.  London Local Authorities (Prohibition of Smoking in Places of Work) Bill [HL]—The Chairman of Committees informed the House that the Promoters do not intend to proceed further with the bill; it was ordered that the bill be withdrawn.

Public Business

19.  Life Peerage (Disclaimer) Bill [HL]—A bill to authorise the disclaimer of a life peerage; and to establish a mechanism to replace a disclaimed life peerage was presented by the Lord Phillips of Sudbury, read a first time and ordered to be printed. (HL Bill 147)

20.  Criminal Defence Service (Representation Orders and Consequential Amendments) Regulations 2006—

21.  Criminal Defence Service (Financial Eligibility) Regulations 2006—

22.  Criminal Defence Service (Representation Orders: Appeals etc.) Regulations 2006—

1.  23.  Data Protection (Processing of Sensitive Personal Data) Order 2006—

    It was moved by the Baroness Ashton of Upholland that the draft instruments laid before the House on 13th and 22nd June be approved en bloc; the motion was agreed to.

24.  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; 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 149)

25.  Northern Ireland (Miscellaneous Provisions) Bill—The bill was returned from the Commons with certain Lords amendments disagreed to with reasons for such disagreement, and with the remaining Lords amendments agreed to; the Commons reasons were considered forthwith; the Lords amendments were not insisted on.

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

26.  Royal Assent—The Lord Speaker (Baroness Hayman) notified the Queen’s Assent to the following Acts:

Compensation Actc.29
Commissioner for Older People (Wales) Actc. 30
International Development (Reporting and Transparency) Actc. 31
Government of Wales Actc. 32
Northern Ireland (Miscellaneous Provisions) Actc. 33

The House was adjourned at twenty-four minutes past six o’clock to Monday 9th October next, half-past two o’clock except for judicial business.

PAUL HAYTER

  Clerk of the Parliaments

 
 
 
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© Parliamentary copyright 2006
Prepared: 26 july 2006