HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Tuesday 25th January 2005
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Manchester.
1. Oath—Patrick Robin Archibald Earl of Glasgow, having received a Writ of Summons in accordance with Standing Order 10 (Hereditary peers: by-elections) following the death of the Earl Russell, took and subscribed the oath pursuant to statute.
Judicial Business
2. Lewin (Northamptonshire County Council Trading Standards Service) (Petitioner) v. Purity Soft Drinks Limited (Respondents)—The petition of Bryan Roy Lewin praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.
3. Ali (Respondent) v. Headteacher and Governors of Lord Grey School (Appellants)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 8th March (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
4. Horton (Appellant) v. Sadler and others (Respondents)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 8th March (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
5. Appeal Committee—The 17th Report was made; the Appeal Committee reported that they had met and had heard Counsel; the report was agreed to and the following Order was made—
Sutradhar (Petitioner) v. Natural Environment Research Council (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 8th February.
6. Appeal Committee—The 18th Report from the Appeal Committee was agreed to and the following Orders were made—
Kohanzad (Petitioner) v. Derbyshire Police Authority (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.
R (on the application of Gillan (FC) and another (FC)) (Petitioners) v. Commissioner of Police for the Metropolis and another (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 8th February.
R (on the application of PD) (Petitioner) v. West Midlands & North West Mental Health Review Tribunal (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
7. Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:
Defence—Departmental Minute from the Ministry of Defence concerning the gifting of military equipment to the Interim Iraqi Government. (—)
8. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
(i) Draft Adults with Incapacity (Scotland) Act 2000 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2005, together with an Explanatory Memorandum—
(ii) Draft Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005, together with an Explanatory Memorandum—
(iii) Draft Education (Additional Support for Learning) (Scotland) Act 2004 (Consequential Modifications) Order 2005, together with an Explanatory Memorandum—
laid under the Scotland Act 1998.
9. Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:
Occupational Pension Schemes (Winding Up, Deficiency on Winding Up and Transfer Values) (Amendment) Regulations 2005, laid under the Pension Schemes Act 1993. (72)
Select Committee Reports
10. Merits of Statutory Instruments—The following report from the Select Committee was made and ordered to be printed:
7th Report, on the following negative instruments:
Licensing Act 2003 (Transitional provisions) Order 2005;
Licensing Act 2003 (Personal licences) Regulations 2005;
Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005;
Licensing Act 2003 (Licensing authority’s register) (other information) Regulations 2005;
Licensing Act 2003 (Hearings) Regulations 2005;
Licensing Act 2003 (Hearings) (Amendment) Regulations 2005;
Licensing Act 2003 (Fees) Regulations 2005;
Licensing Act 2003 (Transitional conversion fees) Regulations 2005. (HL Paper 33)
11. Statutory Instruments—The 6th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:
Draft Asylum (Designated States) Order 2005;
Draft Extradition Act 2003 (Amendment to Designations) Order 2005;
Draft Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2005;
Draft Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005;
Draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005;
it was ordered that the Report be printed. (HL Paper 34)
Public Business
12. Gambling Bill—A bill to make provision about gambling was brought from the Commons, read a first time and ordered to be printed. (HL Paper 19)
13. Gambling Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 19-EN)
14. Charities Bill [HL]—It was moved by the Lord Bassam of Brighton, on behalf of the Baroness Scotland of Asthal, that it be an instruction to the Grand Committee to which the Charities Bill [HL] has been committed that they consider the bill in the following order:
Clauses 1 to 6
Schedules 1 and 2
Clauses 7 and 8
Schedules 3 and 4
Clauses 9 to 12
Schedule 5 | Clauses 13 to 32
Schedule 6
Clauses 33 to 69
Schedules 7 to 9
Clauses 70 to 72; |
the motion was agreed to.1. 15. Mental Capacity Bill—The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed.
16. Public Services Ombudsman (Wales) [HL] Bill—The bill was reported from the Grand Committee with amendments; it was ordered that the bill be printed as amended. (HL Bill 20)
17. A27—The Lord Baker of Dorking asked Her Majesty’s Government what proposals they have to improve the A27 between Chichester and Eastbourne; after debate, the question was answered by the Lord Davies of Oldham.
18. Mental Capacity 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 after clause 6 stood part.
The House was adjourned at eight minutes past 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.
Public Services Ombudsman (Wales) [HL] Bill—The bill was considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; it was ordered that the bill be reported with amendments.
The Committee was adjourned at eighteen minutes before eight o’clock. | 
