HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Thursday 24th February 2005
The House met at a quarter before ten o’clock.
PRAYERS were read by the Lord Bishop of Coventry.
Judicial Business
1. Regina v. Secretary of State for Education and Employment and others (Respondents) ex parte Williamson (Appellant) and others—It was moved by the Lord Bingham of Cornhill, That the 23rd 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 12th December 2002 be affirmed and the appeal dismissed; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties. [2005] UKHL 15
2. Secretary of State for Trade and Industry (Respondent) v. Rutherford and another (FC) (Appellants) and others (England)—The appeal of John Dennis Rutherford and Samuel Bentley was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 7th April.
3. Jackson and others (Petitioners) v. Her Majesty’s Attorney General (Respondent)—The petition of John Bernard Haysom Jackson, Patrick Douglas Martin and Harriet Mair Hughes praying for leave to appeal was presented and referred to an Appeal Committee.
4. Maguire (personal representative of the estate of Teresa Maguire, deceased) (Petitioner) v. Harland & Wolff plc and others (Respondents)—The petition of James Maguire praying for leave to appeal was presented and referred to an Appeal Committee.
5. Ahmad (Petitioner) v. Her Majesty’s Commissioners of Inland Revenue (Respondents)— The petition of Musabbir Ahmad praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.
6. In re D (a child appearing by her guardian ad litem) (Respondent) (FC)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 23rd February).
7. McFarlane (Appellant) v. McFarlane (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 23rd February).
8. R v. Olditch (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R v. O (Appellant))—
9. R v. Pritchard (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R v. P (Appellant))—
10. R v. Jones (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R v. J (Appellant))—
11. R v. Milling (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R v. M (Appellant))—
12. R v. Richards (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R v. R (Appellant))—
The appeals were set down for hearing and referred to an Appellate Committee.
13. R v. Jones (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R v. J (Respondent))—
14. R v. Milling (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R v. M (Respondent))—
15. R v. Olditch (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R v. O (Respondent))—
16. R v. Pritchard (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R v. P (Respondent))—
17. R v. Richards (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R v. R (Respondent))—
The appeals were set down for hearing and referred to an Appellate Committee.
18. Autologic Holdings plc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—
19. BNP Paribas UK Holdings Limited and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—
20. The Future Network plc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—
21. Perkins Engines Company Limited and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—
22. HJ Heinz Company Inc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—
23. British Telecommunications plc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—
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 24th March next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
24. Appeal Committee—The 28th Report from the Appeal Committee was agreed to and the following Orders were made—
Speed Investments Limited and others (Respondents) v. Formula One Holdings Limited 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.
Clays Lane Housing Co-operative Limited (Petitioners) v. Housing Corporation (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.
Law Society (Respondents) v. Sephton & Co (a firm) (Petitioners) and another and others (Petitioners)—That leave to appeal be given; and that the petition of appeal be lodged by 10th March next.
7 Strathray Gardens Limited (Petitioners) v. Pointstar Shipping & Finance Limited 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.
The House was adjourned during pleasure.The House was resumed.
Papers
25. Instrument withdrawn—The following instrument, laid before the House on 3rd February 2005, was withdrawn:
Draft Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2005.
26. Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:
United Nations—A More Secure World: our Shared Responsibility. (6449)
27. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft Opticians Act 1989 (Amendment) Order 2005, laid under the Health Act 1999, together with an Explanatory Memorandum;
2. Draft Electoral Law Act (Northern Ireland) 1962 (Amendment No. 2) Order 2005, laid under the Political Parties, Elections and Referendums Act 2000, together with an Explanatory Memorandum;
3. Draft Contracting Out (Functions in Relation to Cultural Objects) Order 2005, laid under the Deregulation and Contracting Out Act 1994, together with an Explanatory Memorandum;
4. Draft Companies Act 1989 (Delegation) Order 2005, laid under the Companies Act 1989, together with an Explanatory Memorandum.
28. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Police Act 1997 (Criminal Records) (Amendment) Regulations 2005, laid under the Police Act 1997; (347)
2. (i) Financial Services and Markets Act 2000 (Market Abuse) Regulations 2005— (381)
(ii) Investment Recommendation (Media) Regulations 2005— (382)
laid under the European Communities Act 1972.
Select Committee Reports
29. Stipends (Cessation of Special Payments) Measure—The Measure and the 219th Report thereon of the Ecclesiastical Committee were laid before the House (pursuant to section 4 of the Church of England Assembly (Powers) Act 1919) and ordered to be printed. (HL Paper 55-I and II)
30. Care of Cathedrals (Amendment) Measure—The Measure and the 220th Report thereon of the Ecclesiastical Committee were laid before the House (pursuant to section 4 of the Church of England Assembly (Powers) Act 1919) and ordered to be printed. (HL Paper 56-I and II)
31. Church of England (Miscellaneous Provisions) Measure—The Measure and the 221st Report thereon of the Ecclesiastical Committee were laid before the House (pursuant to section 4 of the Church of England Assembly (Powers) Act 1919) and ordered to be printed. (HL Paper 57-I and II)
Public Business
32. Business of the House—It was moved by the Lord President (Baroness Amos) that leave be given to advance the Third Reading of the Public Services Ombudsman (Wales) Bill [HL] from Thursday 3rd March to Wednesday 2nd March; the motion was agreed to.
33. Railways Bill—It was moved by the Lord Davies of Oldham that it be an instruction to the Grand Committee to which the Railways Bill has been committed that they consider the bill in the following order:
Clause 1
Schedules 1 and 2
Clause 2
Schedule 3
Clauses 3 and 4
Schedule 4
Clauses 5 to 19
Schedule 5
Clauses 20 and 21
Schedule 6
Clause 22
Schedule 7 | Clauses 23 to 25
Schedule 8
Clauses 26 to 45
Schedule 9
Clauses 46 to 52
Schedule 10
Clause 53
Schedule 11
Clauses 54 to 58
Schedules 12 and 13
Clause 59; |
the motion was agreed to.34. Pension Protection Fund (PPF Ombudsman) Order 2005—It was moved by the Lord President (Baroness Amos) that the draft Order be referred to a Grand Committee; the motion was agreed to.
35. Pension Protection Fund (Pension Compensation Cap) Order 2005—It was moved by the Lord President (Baroness Amos) that the draft Order be referred to a Grand Committee; the motion was agreed to.
36. Occupational Pension Schemes (Levies) Regulations 2005—It was moved by the Lord President (Baroness Amos) that the draft Regulations be referred to a Grand Committee; the motion was agreed to.
37. Occupational Pension Schemes (Modification of Pension Protection Provisions) Regulations 2005—It was moved by the Lord President (Baroness Amos) that the draft Regulations be referred to a Grand Committee; the motion was agreed to.
38. Industrial Training Levy (Construction Board) Order 2005—It was moved by the Lord President (Baroness Amos) that the draft Order be referred to a Grand Committee; the motion was agreed to.
39. Parliamentary Commissioner (Amendment) Bill [HL]—The order of commitment was discharged.
40. Education Bill [HL]—The bill was further considered on report; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; amendments were disagreed to (see division lists 1 and 2); further consideration on report was adjourned.
41. Licensing Act 2003 (Fees) Regulations 2005—It was moved by the Lord Clement-Jones that an Humble Address be presented to Her Majesty praying that the Regulations, laid before the House on 20th January, be annulled (S.I. 2005/79); after debate, the motion was (by leave of the House) withdrawn.
The House was adjourned during pleasure.The House was resumed.
42. Education Bill [HL]—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; it was ordered that the bill be printed as amended. (HL Bill 33)
43. Electoral Registration (Northern Ireland) Bill [HL]—The bill was returned from the Commons agreed to.
44. Royal Assent—The Lord Speaker (Lord Brougham and Vaux) notified the Queen’s Assent to the following Act:
| Electoral Registration (Northern Ireland) Act | c. | 1 |
The House was adjourned at twenty-three minutes before seven o’clock to Monday next, 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 a quarter past three o’clock.
Commissioners for Revenue and Customs Bill—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after amendment 47.
The Committee was adjourned at one minute past seven o’clock. | 
