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Lord Falconer of Thoroton: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 294 to 330.
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Moved, That the House do agree with the Commons in their Amendments Nos. 294 to 330.—(Lord Falconer of Thoroton.)
On Question, Motion agreed to.
Lord Falconer of Thoroton: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 331.
This amendment will alter the Local Land Charges Act 1975 so as to give local authorities in England the power to set local land charge fees, except for personal search fees. Presently, although methods of keeping local land charge records vary considerable between local authorities, I set local land charge fees on a national basis with the concurrence of the Treasury.
For some local authorities these fees do not cover the cost of providing the service, while others may over-recover. Local fees that reflect the circumstances of each local authority will encourage local accountability, efficiency and transparency, and be fairer to local authorities and their customers. The intention to introduce this amendment, which implements an element of the September 2002 White Paper on local government, was announced by my noble friend Lord Rooker during the Committee stage of the Housing Bill last September.
This amendment will allow local authorities to set fees that, taken one year with another, will enable them to recover up to, but not in excess of, their costs of providing local land charge services. In setting and publishing fees, local authorities will have to have regard to such guidance as I may issue. An illustrative version of the type of that guidance has been placed in the Printed Paper Office and in the Library.
The amendment does not change the position in relation to fees for personal searches, where a full review will be undertaken before any decision is made; nor does it change the position in Wales, where, with effect from 31 December 2004, local land charge fees are set by the National Assembly for Wales.
Moved, That the House do agree with the Commons in their Amendment No. 331.—(Lord Falconer of Thoroton.)
On Question, Motion agreed to.
Lord Falconer of Thoroton: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 332 to 454. I have spoken to these amendments with Amendments Nos. 3, 13 and 30.
Moved, That the House do agree with the Commons in their Amendments Nos. 332 to 454.—(Lord Falconer of Thoroton.)
On Question, Motion agreed to.
Lord Falconer of Thoroton: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 455 to 460.
Schedule 6 to the Bill protects certain functions of the Lord Chancellor that relate to the judiciary, the courts and the Great Seal from transfer by order under Clause 18 of the Bill or by order under Section 1 of the
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Ministers of the Crown Act 1975. This is essential, given Clause 4 and the Lord Chancellor's particular duties in relation to judicial independence.
Amendments Nos. 456, 458 and 459 provide for the addition to, and deletion from, Schedule 6 of certain functions that the Lord Chancellor exercises in England and Wales.
Amendments No. 455, 457 and 460 amend Schedule 6 to provide for the protection of certain judiciary or court-related functions that the Lord Chancellor exercises in Northern Ireland. They ensure that protection is afforded to those functions on a similar basis to the protection already provided for England and Wales.
Moved, That the House do agree with the Commons in their Amendments Nos. 455 to 460.—(Lord Falconer of Thoroton.)
On Question, Motion agreed to.
Lord Falconer of Thoroton: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 461 to 489.
Moved, That the House do agree with the Commons in their Amendments Nos. 461 to 489.—(Lord Falconer of Thoroton.)
On Question, Motion agreed to.
Lord Falconer of Thoroton: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 190. The amendment is grouped with Amendments Nos. 494, 508 to 511, 513 and 516. This is a group of minor technical amendments which tidy up Schedule 10.
Moved, That the House do agree with the Commons in their Amendment No. 190.—(Lord Falconer of Thoroton.)
On Question, Motion agreed to.
Lord Falconer of Thoroton: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 491 to 548. I have spoken to these amendments with Amendments Nos. 330 and 490.
Moved, That the House do agree with the Commons in their Amendments Nos. 491 to 548.—(Lord Falconer of Thoroton.)
On Question, Motion agreed to.
Lord Falconer of Thoroton: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 549. The amendment is grouped with Amendments Nos. 552, 557 and 577; it is a group of minor amendments designed largely to bring the provisions regarding the appointment of the Judicial Appointments and Conduct Ombudsman into line with the corresponding provisions concerning the appointment of the members of the Judicial Appointments Commission.
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Moved, That the House do agree with the Commons in their Amendment No. 549.—(Lord Falconer of Thoroton.)
On Question, Motion agreed to.
Lord Falconer of Thoroton: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 550 to 583. I have spoken to these amendments under Amendments Nos. 330 and 549.
Moved, That the House do agree with the Commons in their Amendments Nos. 550 to 583.—(Lord Falconer of Thoroton.)
On Question, Motion agreed to.
Lord Falconer of Thoroton: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 584 to 588. These are all technical amendments.
Moved, That the House do agree with the Commons in their Amendments Nos. 584 to 588.—(Lord Falconer of Thoroton.)
On Question, Motion agreed to.
Lord Falconer of Thoroton: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 589 to 592. I have spoken to the amendments with Amendments Nos. 254 and 266.
Moved, That the House do agree with the Commons in their Amendments Nos. 589 to 592.—(Lord Falconer of Thoroton.)
On Question, Motion agreed to.
593 Schedule 14, page 221, line 18, at end insert—
(1) Section 12B of the Judicature (Northern Ireland) Act 1978 as substituted by section 6 of the Justice (Northern Ireland) Act 2002 (c. 26) is amended as follows.
(2) In subsection (3)(b) at the end insert "or, if the Lord Chancellor is not a member of that House, by another Minister of the Crown at his request."
(3) In subsections (4) and (5) for "Neither the Prime Minister nor the Lord Chancellor may make" substitute "The Prime Minister may not make, and the Lord Chancellor may not make or request the making of,".
(4) In subsection (7) for the words from "and the Lord Chancellor" to the end substitute "and a person making such a motion in the House of Lords shall lay a copy of them before that House before making the motion.""
Lord Falconer of Thoroton: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 593. I spoke to the amendment with Amendment No. 1.
Moved, That the House do agree with the Commons in their Amendment No. 593.—(Lord Falconer of Thoroton.)
Lord Kingsland rose to move Amendment No. 593A, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 593, leave out "agree" and insert "disagree".
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The noble Lord said: My Lords, I beg to move.
Moved, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 593, leave out "agree" and insert "disagree".—(Lord Kingsland.)
On Question, amendment agreed to.
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