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Session 2005 - 06
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Minutes and Order Paper - Minutes of Proceedings

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HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Monday 23rd May 2005

The House met at half-past two o’clock.

PRAYERS were read by the Lord Bishop of Newcastle.

1.  The Lord Adonis—Andrew Adonis Esquire, having been created Baron Adonis, of Camden Town in the London Borough of Camden, for life by Letters Patent dated 16th May 2005, was introduced between the Lord President (Baroness Amos) and the Lord Levy, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

2.  The Lord Ramsbotham—General Sir David John Ramsbotham, GCB, CBE, having been created Baron Ramsbotham, of Kensington in the Royal Borough of Kensington and Chelsea, for life by Letters Patent dated 17th May 2005, was introduced between the Lord Inge and the Baroness Stern, 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.  JD (FC) (Appellant) v. East Berkshire Community Health NHS Trust (Respondents) and two other actions (FC)—Further to the Order of the House of Wednesday 21 March 2005 (31st Report Session 2004-05 [2005] UKHL 23), it was ordered that the appellants do pay or cause to be paid to the respondents their costs in this House and that the amount of such costs, if any, to be paid by the appellants and to be paid out of the Community Legal Service Fund be certified by the Clerk of the Parliaments in accordance with section 11 of the Access to Justice Act 1999; and that the costs of the appellants in this House be taxed in accordance with the Access to Justice Act 1999.

4.  O’Brien and others (FC) (Petitioners) v. Independent Assessor (Respondent)—The petition of Vincent Hickey and Michael Hickey praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners’ certificates of public funding were lodged.

5.  London Borough of Brent (Respondents) v. Banjo (FC) (Petitioner)—The petition of Olatunji Banjo praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 20th May).

6.  Sritharan (Petitioner) v. Law Society (Respondents)—The petition of Murugesu Kanapathipillai Sritharan praying for leave to appeal was presented and referred to an Appeal Committee.

7.  Markem Corporation and others (Petitioners) v. Zipher Limited (Respondents) and one other action—The petition of Markem Corporation and Markem Technologies Limited praying for leave to appeal was presented and referred to an Appeal Committee.

8.  Jones (Respondent) v. Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of Saudi Arabia) (Appellants)—

9.  Mitchell and others (Respondents) v. Al-Dali and others and Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of Saudi Arabia) (Appellants)—

10.  Jones (Appellant) v. Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of Saudi Arabia) (Respondents)—

    (Conjoined Appeals)—

    The petition of the Secretary of state for Constitutional Affairs praying for leave to intervene in the said appeals was presented and referred to an Appeal Committee.

11.  Harding (Appellant) v. Wealands (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee.

12.  Standard Commercial Property Securities Limited and others (Respondents) v. Glasgow City Council (Appellants) and others (Scotland)—

13.  Standard Commercial Property Securities Limited and others (Respondents) v. Glasgow City Council and others (Appellants) (Scotland)—

    (Conjoined Appeals)—

    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 6th July (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

14.  Secretary of State for the Home Department (Respondent) v. K (FC) (Appellant)—The appellant’s certificate of public funding was lodged.

15.  Appeal Committee—The 3rd Report from the Appeal Committee was agreed to and the following Orders were made—

    R (on the application of Clift) (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 6th June.

    Secretary of State for the Home Department (Respondent) v. Hindawi and another (Petitioner) (FC)—That leave to appeal be given; and that the petition of appeal be lodged by 6th June.

    R (on the application of X) (FC) (Petitioner) v. Chief Constable of West Midlands Police (Respondent)—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 respondent be at liberty to apply for his 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.

    Hockenjos (Respondent) v. Secretary of State for Work and Pensions (Petitioner)—That the respondent be invited to lodge objections by 6th June.

    Secretary of State for the Home Department (Respondent) v. Hindawi (FC) (Petitioner) and another—That leave to appeal be given; and that the petition of appeal be lodged by 6th June.

Papers

16.  Instrument withdrawn—The following instrument, laid before the House on 24th February, was withdrawn:

    Draft Companies Act 1989 (Delegation) Order 2005.

17.  Command Paper—The following paper, having been presented to the House by command of Her Majesty on the date shown, was ordered to lie on the Table:

    Foreign and Commonwealth Office—Agreement between the United Kingdom and Poland on the Prepayment of Certain Obligations by Poland. (20th May)    (6555)

18.  Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:

    Education (Student Support) (Amendment) Regulations 2005, laid under the Teaching and Higher Education Act 1998.    (1341)

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

      (i)  Report for 2002-03 of the Commission for Patient and Public Involvement in Health—

      (ii)  Report for 2003-04 of the Commission for Patient and Public Involvement in Health—

      laid under the National Health Service Reform and Healthcare Professions Act 2002.

Public Business

20.  Oaths—The Lords following took and subscribed the oath pursuant to statute:

Ian Hedworth John Little Lord Gilmour of Craigmillar

Nigel Lord Lawson of Blaby

Melvyn Lord Bragg

Richard Hugh Lord Cavendish of Furness

Helena Ann Baroness Kennedy of The Shaws

Raj Kumar Lord Bagri

William Herbert Lord Laming

Alan John Lord Watson of Richmond

21.  Criminal Defence Service Bill [HL]—A bill to make provision about representation funded as part of the Criminal Defence Service was presented by the Baroness Ashton of Upholland, read a first time and ordered to be printed. (HL Bill 4)

22.  Criminal Defence Service Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 4-EN)

23.  The Queen’s Speech—The debate on the motion that an Humble Address be presented to Her Majesty was resumed and, after further debate, was again adjourned till tomorrow.

24.  Oath—Jeremy John Durham Lord Ashdown of Norton-sub-Hamdon took and subscribed the oath pursuant to statute.

The House was adjourned at thirteen minutes past ten o’clock

till tomorrow, half-past two o’clock.

PAUL HAYTER

  Clerk of the Parliaments

 
 
 
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© Parliamentary copyright 2005
Prepared: 24 may 2005