HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Monday 21st February 2005
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of London.
Judicial Business
1. R v. Longworth (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of Gary Dean Longworth was presented and ordered to be prosecuted subject to the procedures applicable thereto.
2. Jones (trading as Shamrock Coaches) (Petitioner) v. Department of Transport Welsh Traffic Area (Respondents)—The petition of Alison Jones praying for leave to appeal was presented and referred to an Appeal Committee (lodged 18th February).
3. Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Kehoe (FC) (Appellant)—The appeal was set down for hearing and referred to an Appellate Committee.
4. Watkins (Respondent) v. Home Office (Appellants) and others—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 4th April (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
5. Appeal Committee—The 27th Report from the Appeal Committee was agreed to and the following Orders were made—
R (on the application of Hammond) (Respondent) v. Secretary of State for the Home Department (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 7th March.
MH (by her litigation friend, Official Solicitor) (Respondent) v. Secretary of State for the Department of Health (Petitioner) and others—That leave to appeal be given; and that the petition of appeal be lodged by 7th March.
Secretary of State for Work and Pensions (Petitioner) v. M (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 7th March.
Papers
6. Paper withdrawn—The following paper, laid before the House on 20th January, was withdrawn:
Defence—Departmental Minute from the Ministry of Defence, concerning the gifting of Non-Lethal Military Equipment to Nepal.
7. Command Paper—The following paper, having been presented to the House by command of Her Majesty on 14th February, was ordered to lie on the Table:
Constitutional Affairs—Government Response to the House of Commons Constitutional Affairs Select Committee Report on the Implementation of the Freedom of Information Act 2000. (Cm 6470)
8. Statutory Instruments (Standing Order 71)—The following instruments, having been laid before the House on the dates shown, were ordered to lie on the Table:
Title, etc. | S.I. No.
2005 | Date of
Laying |
| Negative instruments | | |
| Disqualification from Working with Children (Scotland) Order 2005, laid under the Criminal Justice and Court Services Act 2000; | 267 | 11th February |
Title, etc. | S.I. No.
2005 | Date of
Laying |
| Misuse of Drugs (Amendment) Regulations 2005, laid under the Misuse of Drugs Act 1971; | 271 | 11th February |
| Potatoes Originating in the Netherlands (Revocation) (England) Regulations 2005, laid under the European Communities Act 1972; | 278 | 11th February |
| Dutch Potatoes (Notification) (England) Order 2005, laid under the Plant Health Act 1967; | 279 | 11th February |
| Gas Act 1986 (Exemption) (No.2) Order 2005, laid under the Gas Act 1986; | 280 | 11th February |
| Electromagnetic Compatibility Regulations 2005, laid under the European Communities Act 1972; | 281 | 11th February |
| Anthrax Prevention Order 1971 etc. (Revocation) Regulations 2005, laid under the Health and Safety at Work etc. Act 1974; | 228 | 14th February |
| Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2005, laid under the Housing Act 1996; | 236 | 14th February |
| Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2005, laid under the Social Security Administration Act 1992; | 238 | 14th February |
| Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2005, laid under the Social Security Contributions and Benefits Act 1992; | 273 | 15th February |
| Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005, laid under the Pensions Act 2004; | 277 | 15th February |
| Pension Protection Fund (Limit on Borrowing) Order 2005, laid under the Pensions Act 2004; | 339 | 16th February |
(i) General Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2005—
| 340 | 17th February |
(ii) Special Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2005—
| 341 | 17th February |
laid under the Taxes Management Act 1970;
| | |
| Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2005, laid under the Social Security Contributions and Benefits Act 1992; | 324 | 18th February |
| Legal Officers (Annual Fees) Order 2005, laid under the Ecclesiastical Fees Measure 1986; | 336 | 18th February |
| Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005, laid under the Social Security Act 1998; | 337 | 18th February |
| Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2005, laid under the Social Security Administration Act 1992. | 343 | 18th February |
| Instruments not subject to parliamentary proceedings | | |
| Code of Practice on the discharge of the obligations of public authorities, laid under the Environmental Information Regulations 2004. | — | 16th February |
9.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft Immigration (Leave to Enter and Remain) (Amendment) Order 2005, laid under the Immigration Act 1971, together with an Explanatory Memorandum;
1. 2. (i) Draft Firearms (Amendment) (Northern Ireland) Order 2005, together with an Explanatory Memorandum—
(ii) Draft District Policing Partnerships (Northern Ireland) Order 2005, together with an Explanatory Memorandum—
(iii) Draft Unauthorised Encampments (Northern Ireland) Order 2005, together with an Explanatory Memorandum—
laid under the Northern Ireland Act 2000;
3. Draft Criminal Procedure and Investigations Act 1996 (Code of Practice) Order 2005, laid under the Criminal Procedure and Investigations Act 1996, together with an Explanatory Memorandum.
10. Regulatory Reform—The following orders were laid before the House under section 4(2) of the Regulatory Reform Act 2001 and referred to the Delegated Powers and Regulatory Reform Committee:
1. Draft Regulatory Reform (Execution of Deeds and Documents) Order 2005, together with a Statement by the Department for Constitutional Affairs;
2. Draft Regulatory Reform (Fire Safety) Order 2005, together with a Statement by the Office of the Deputy Prime Minister.
11. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Child Abduction and Custody (Falkland Islands) (Amendment) Order 2005, laid under the Child Abduction and Custody Act 1985; (244)
2. Pensions Appeal Tribunals (Posthumous Appeals) (Amendment) Order 2005, laid under the Social Security Act 1980; (245)
3. Commonwealth Countries and Ireland (Immunities and Privileges) (Amendment) Order 2005, laid under the Consular Relations Act 1968; (246)
4. Parliamentary Commissioner Order 2005, laid under the Parliamentary Commissioner Act 1967; (249)
5. Health Service Commissioner for England (Special Health Authorities) Order 2005, laid under the Health Service Commissioners Act 1993; (251)
6. Transfer of Functions (Children, Young People and Families) Order 2005, laid under the Ministers of the Crown Act 1975; (252)
7. Pensions (Northern Ireland) Order 2005, laid under the Northern Ireland Act 2000; (255)
8. Renewables Obligation Order (Northern Ireland) 2005, laid under the Northern Ireland Act 2000. (—)
12. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Accounts for 2003-04 of the Independent Police Complaints Commission, laid under the Police Reform Act 2002, together with the Report of the Comptroller and Auditor General;
2. Accounts for 2003-04 of the Criminal Injuries Compensation Appeals Panel for Northern Ireland, laid under the Criminal Injuries Compensation Act 1995, together with the Report of the Comptroller and Auditor General;
3. Accounts for 2003-04 of the Westminster Education Action Zone, laid under the School Standards and Framework Act 1998, together with the Report of the Comptroller and Auditor General;
4. Code of Practice for the Criminal Procedure and Investigations Act 1996, laid under that Act.
Select Committee Report
13. Delegated Powers and Regulatory Reform—The following report from the Select Committee was made and ordered to be printed:
9th Report, on the following bills:
Electoral Registration (Northern Ireland) Bill [HL];
Commissioners for Revenue and Customs Bill;
Mental Capacity Bill—correspondence. (HL Paper 49)
Public Business
14. Identity Cards Bill—A bill to make provision for a national scheme of registration of individuals and for the issue of cards capable of being used for identifying registered individuals; to make it an offence for a person to be in possession or control of an identity document to which he is not entitled, or of apparatus, articles or materials for making false identity documents; to amend the Consular Fees Act 1980; to make provision facilitating the verification of information provided with an application for a passport; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 30)
15. Identity Cards Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 30-EN)
16. Business of the House—It was moved by the Lord President (Baroness Amos) that Standing Order 47 (No two stages of a Bill to be taken on one day) be dispensed with on Tuesday next, 22nd February, to allow the Electoral Registration (Northern Ireland) Bill [HL] to be taken through its remaining stages that day; the motion was agreed to.
17. Business of the House—It was moved by the Lord President (Baroness Amos) that consideration of the Report of the Select Committee on Economic Affairs on Monetary and Fiscal Policy: Present Successes and Future Problems in Grand Committee today shall be limited to 3 hours; the motion was agreed to.
18. Commissioners for Revenue and Customs Bill—It was moved by the Lord Grocott, on behalf of the Lord Goldsmith, that it be an instruction to the Grand Committee to which the Commissioners for Revenue and Customs Bill has been committed that they consider the bill in the following order:
Clauses 1 to 7
Schedule 1
Clauses 8 to 16
Schedule 2
Clauses 17 to 34
Schedule 3 | Clauses 35 to 50
Schedule 4
Clauses 51 and 52
Schedule 5
Clauses 53 to 57; |
the motion was agreed to.19. Electoral Registration (Northern Ireland) Bill [HL]—It was moved by the Lord President (Baroness Amos) that the bill be now read a second time; then it was moved by the Lord Smith of Clifton, as an amendment thereto, at end to insert “but this House deplores the attempt in the Bill to weaken the application of the Electoral Fraud (Northern Ireland) Act 2002”; after debate, the amendment was (by leave of the House) withdrawn; then the original motion was agreed to and the bill was committed to a Committee of the Whole House.
20. Education Bill [HL]—The report was received; amendments were agreed to; amendments were agreed to (see division lists 1 to 3); amendments were moved and (by leave of the House) withdrawn; further consideration on report was adjourned.
The House was adjourned during pleasure.The House was resumed.
21. Report of the Select Committee on Economic Affairs on Monetary and Fiscal Policy: Present Successes and Future Problems (3rd Report, Session 2003-04, HL Paper 176)—The Grand Committee reported that it had considered the Report.
22. Child Trust Funds (Amendment) Regulations 2005—The Grand Committee reported that it had considered the draft Regulations.
23. Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2005—The Grand Committee reported that it had considered the draft Order.
24. Education Bill [HL]—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; further consideration on report was adjourned after amendment 54.
The House was adjourned at six minutes past ten o’clocktill 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.
Report of the Select Committee on Economic Affairs on Monetary and Fiscal Policy: Present Successes and Future Problems (3rd Report, Session 2003-04, HL Paper 176)—It was moved by the Lord Peston that the Grand Committee do report to the House that it has considered the Report of the Select Committee on Economic Affairs on Monetary and Fiscal Policy: Present Successes and Future Problems; after debate, the motion was agreed to.
Child Trust Funds (Amendment) Regulations 2005—It was moved by the Lord McIntosh of Haringey that the Grand Committee do report to the House that it has considered the draft Child Trust Funds (Amendment) Regulations 2005; the motion was agreed to.
Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2005—It was moved by the Lord McIntosh of Haringey that the Grand Committee do report to the House that it has considered the draft Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2005; the motion was agreed to.
The Committee was adjourned at thirteen minutes before seven o’clock. |
