HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Monday 6th June 2005
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Rochester.
1. Baroness Blatch—The Lord Chancellor acquainted the House that Baroness Blatch, a member of the House, had died on 31st May 2005.
2. Oaths—The Lords following took and subscribed the oath pursuant to statute:
William Douglas Lord Cullen of Whitekirk
Colin James Bishop of Coventry
3. Barony of Polwarth in the Peerage of Scotland—The Lord Chancellor reported that Andrew Walter Hepburne Scott had established his succession to the Barony of Polwarth. The Clerk of the Parliaments was accordingly directed to enter the Lord Polwarth on the register of hereditary peers maintained under Standing Order 10(5).
4. Barony of Boyle in the Peerage of Great Britain—The Lord Chancellor reported that John Richard Boyle had established his succession to the Barony of Boyle. The Clerk of the Parliaments was accordingly directed to enter the Lord Boyle (Earl of Cork and Orrery in the Peerage of Ireland) on the register of hereditary peers maintained under Standing Order 10(5).
5. Barony of Aberdare in the Peerage of the United Kingdom—The Lord Chancellor reported that Alastair John Lyndhurst Bruce had established his succession to the Barony of Aberdare. The Clerk of the Parliaments was accordingly directed to enter the Lord Aberdare on the register of hereditary peers maintained under Standing Order 10(5).
6. Barony of Mountgarret in the Peerage of the United Kingdom—The Lord Chancellor reported that Piers James Richard Butler had established his succession to the Barony of Mountgarret. The Clerk of the Parliaments was accordingly directed to enter the Lord Mountgarret (Viscount Mountgarret in the Peerage of Ireland) on the register of hereditary peers maintained under Standing Order 10(5).
Judicial Business
7. Botham (Appellant) v. Ministry of Defence (Respondents) (England)—The appeal of John Botham was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 18th July.
8. R (on the application of Clift) (FC) (Appellant) v. Secretary of State for the Home Department (Respondent) (England)—The appeal of Sean Clift was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 18th July.
9. Secretary of State for the Home Department (Respondent) v. Hindawi and another (Appellant) (FC) (England)—The appeal of Prince Charles Headley was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 18th July.
10. Black and others (Petitioners) v. Davies (Respondent)—The petition of Herbert Black, American Iron & Metal Company Incorporated and Lito Trade Incorporated praying for leave to appeal was presented and referred to an Appeal Committee.
11. Small (Her Majesty’s Inspector of Taxes) (Respondent) v. Mars UK Limited (Petitioners)—The petition of Mars UK Limited praying for leave for an appeal to be brought direct from the High Court of Justice in accordance with Part II of the Administration of Justice Act 1969 was presented and referred to an Appeal Committee (lodged 1st June).
12. McCaughey (AP) (Petitioner) v. Chief Constable of the Police Service Northern Ireland (Respondent) (Northern Ireland)—The petition of Owen McCaughey praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.
13. R (on the application of P) (Petitioner) v. South and South East Hampshire Youth Court (Respondents)—The petition of P praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee (lodged 27th May).
14. Interfact Limited (Petitioners) v. Liverpool City Council (Respondents)—The petition of Interfact Limited praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee (lodged 1st June).
15. Pabo Limited (Petitioners) v. Liverpool City Council (Respondents)—The petition of Pabo Limited praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee (lodged 2nd June).
16. R v. Sellick (Petitioner) (First petition)—The petition of Carlo Sellick praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 26th May).
17. R v. Sellick (Petitioner) (Second petition)—The petition of Santino Sellick praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 26th May).
18. Jordan (AP) (Petitioner) v. Lord Chancellor and another (Respondents) (Northern Ireland)—The petition of Hugh Jordan praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.
19. Regina v. Ashworth Hospital Authority (now Mersey Care National Health Service Trust) (Appellants) ex parte Munjaz (FC) (Respondent)—The petition of the Mental Health Act Commission praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.
20. Davidson (AP) (Appellant) v. Scottish Ministers (Respondents) (Scotland)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 1st June).
21. R v. Longworth (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The appeal was set down for hearing and referred to an Appellate Committee.
22. Massey and another (Appellants) v. Boulden and another (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee.
23. Law Society (Respondents) v. Sephton & Co (a firm) (Appellants) and another and others (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 30th June (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 1st June).
24. Harper (Appellant) v. Virgin Net Limited (Respondents)—The petition of the appellant was presented praying that the appeal be withdrawn on the terms agreed between the parties (the agents for the respondents consenting thereto); and it was ordered as prayed.
25. Appeal Committee—The following Orders were made pursuant to the 14th Report of the Appeal Committee appointed by the Lords of Appeal sitting in the name of the House of Lords by virtue of a Writing by Her Majesty The Queen under Her Majesty’s Sign Manual dated the 11th day of April:
Kinane (Respondent) v. Mackie-Conteh (Petitioner) and others—That leave to appeal be refused; that the respondent be at liberty to apply for his 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.
Telewest Communications plc and others (Respondents) v. Her Majesty’s Commissioners of Customs and Excise (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.
26. Appeal Committee—The 6th Report from the Appeal Committee was agreed to and the following Order was made—
Jones (Respondent) v. Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of Saudi Arabia) (Appellants)—
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)—
Jones (Appellant) v. Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of Saudi Arabia) (Respondents)—
That the petition of the Secretary of State for Constitutional Affairs that he might be heard or otherwise intervene in the said appeal be allowed.
Papers
27. Instrument withdrawn—The following instrument, laid before the House on 26th May, was withdrawn on 1st June:
Environmental Impact Assessment (Land Drainage Improvement Works) (Amendment) Regulations 2005.
28. Command Papers—The following papers, having been presented to the House by command of Her Majesty on the dates shown, were ordered to lie on the Table:
1. European Communities—Partnership and Cooperation Agreement establishing a partnership between the European Communities and Moldova; (27th May) (6567)
2. Double Taxation—Protocol between the United Kingdom and New Zealand to amend the Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion, signed on 4th August 1983; (27th May) (6568)
3. Petroleum—Agreement between the United Kingdom and Ireland on the Reciprocal Holding of Stocks of Crude Oil and/or Petroleum Products; (3rd June) (6569)
4. Telecommunications—Tampere Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations. (3rd June) (6573)
29. 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 | | |
| Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2005, laid under the Public Passenger Vehicles Act 1981; | 1403 | 27th May |
(i) Prospectus Regulations 2005—
| 1433 | 27th May |
(ii) Plant Protection Products Regulations 2005—
| 1435 | 27th May |
laid under the European Communities Act 1972;
| | |
| Pension Protection Fund (Pension Protection Levies Consultation) Regulations 2005, laid under the Pensions Act 2004; | 1440 | 27th May |
| Unfitness to Stand Trial and Insanity (Royal Air Force) Regulations 2005, laid under the Air Force Act 1955; | 1388 | 31st May |
| Unfitness to Stand Trial and Insanity (Royal Navy) Regulations 2005, laid under the Naval Discipline Act 1957; | 1389 | 31st May |
| Unfitness to Stand Trial and Insanity (Army) Regulations 2005, laid under the Army Act 1955; | 1390 | 31st May |
(i) Environmental Impact Assessment (Land Drainage Improvement Works) (Amendment) Regulations 2005—
| 1399 | 1st June |
(ii) Reporting of Prices of Milk Products (England) Regulations 2005—
| 1441 | 1st June |
(iii) Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) (England) Regulations 2005—
| 1442 | 1st June |
laid under the European Communities Act 1972;
| | |
| Rail Vehicle Accessibility (Heathrow Express Class 360/2) Exemption (Amendment) Order 2005, laid under the Disability Discrimination Act 1995; | 1404 | 1st June |
| Police Pensions (Part-time Service) Regulations 2005, laid under the Police Pensions Act 1976; | 1439 | 1st June |
| Ship and Port Facility (Security) (Amendment) Regulations 2005, laid under the European Communities Act 1972; | 1434 | 2nd June |
| Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Hartlepool) Order 2005, laid under the Road Traffic Act 1991; | 1438 | 2nd June |
| Education (Outturn Statements) (England) Regulations 2005, laid under the School Standards and Framework Act 1998; | 1386 | 3rd June |
(i) National Health Service Litigation Authority (Establishment and Constitution) Amendment (No. 2) Order 2005—
| 1445 | 3rd June |
(ii) NHS Institute for Innovation and Improvement (Establishment and Constitution Order 2005—
| 1446 | 3rd June |
(iii) NHS Institute for Innovation and Improvement Regulations 2005—
| 1447 | 3rd June |
laid under the National Health Service Act 1977;
| | |
| Pollution Prevention and Control (Public Participation) (England and Wales) Regulations 2005, laid under the Pollution Prevention and Control Act 1999; | 1448 | 3rd June |
30.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Air Publication 3392, The Royal Air Force Manual of Personnel Administration—Volume 2 Pay and Personnel (2nd edition), laid under the Air Force (Constitution) Act 1917;
2. Report for 2004-05 and Business Plan for 2005-06 of the Assets Recovery Agency, laid under the Proceeds of Crime Act 2002;
3. Report and Accounts for 2004-05 of the United Kingdom Hydrographic Office, laid under the Government Trading Funds Act 1973.
Select Committee Report
31. European Union—The 2nd Report from the Select Committee, The Future Financing of the Common Agricultural Policy, was made and ordered to be printed, together with the Minutes of Evidence. (HL Paper 7)
Public Business
32. Borough Freedom (Family Succession) Bill [HL]—A bill to make new provision relating to admission to borough freedom was presented by the Lord Graham of Edmonton, read a first time and ordered to be printed. (HL Bill 9)
33. Constitution Committee—It was moved by the Chairman of Committees that a Select Committee be appointed to examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of the constitution;
That, as proposed by the Committee of Selection, the following Lords be named of the Committee:
V. Bledisloe
L. Carter
L. Elton
B. Hayman
L. Holme of Cheltenham (Chairman)
L. Monro of Langholm | B. O’Cathain
L. Peston
L. Rowlands
E. Sandwich
L. Smith of Clifton
L. Windlesham; |
That the Committee have power to appoint specialist advisers; That the Committee have power to adjourn from place to place;
That the Committee have leave to report from time to time;
That the minutes of evidence taken before the Constitution Committee in the last Parliament be referred to the Committee; and
That the minutes of evidence taken before the Committee from time to time shall, if the Committee think fit, be printed;
the motion was agreed to.
34. Economic Affairs—It was moved by the Chairman of Committees that a Select Committee be appointed to consider economic affairs;
That, as proposed by the Committee of Selection, the following Lords be named of the Committee:
L. Goodhart
L. Kingsdown
L. Lamont of Lerwick
L. Lawson of Blaby
L. Layard
L. Macdonald of Tradeston
L. Paul | L. Powell of Bayswater
L. Sheldon
L. Sheppard of Didgemere
L. Skidelsky
L. Vallance of Tummel
L. Wakeham (Chairman); |
That the Committee have power to appoint a sub-committee and to refer to such sub-committee any of the matters within the terms of reference of the Committee; That the Committee have power to appoint the Chairman of such sub-committee;
That the Committee have power to co-opt any Lord for the purpose of serving on such sub-committee;
That the Committee have power to adjourn from place to place;
That the Committee have power to appoint specialist advisers;
That the Committee have leave to report from time to time;
That the minutes of evidence taken before the Economic Affairs Committee or any sub-committee in the last Parliament be referred to the Committee; and
That the minutes of evidence taken before the Committee from time to time shall, if the Committee think fit, be printed;
the motion was agreed to.
35. Merits of Statutory Instruments—It was moved by the Chairman of Committees that a Select Committee be appointed to consider every instrument which is laid before each House of Parliament and upon which proceedings may be or might have been taken in either House of Parliament, in pursuance of an Act of Parliament, being:
(i) a statutory instrument, or a draft of a statutory instrument;
(ii) a scheme, or an amendment of a scheme, or a draft thereof, requiring approval by statutory instrument; or
(iii) any other instrument (whether or not in draft), where the proceedings in pursuance of an Act of Parliament are proceedings by way of an affirmative or negative resolution;
but excluding any Order in Council or draft Order in Council made or proposed to be made under paragraph 1 of the Schedule to the Northern Ireland Act 2000 and any remedial order or draft remedial order under Schedule 2 to the Human Rights Act 1998 and any draft order proposed to be made under section 1 of the Regulatory Reform Act 2001, or any subordinate provisions order made or proposed to be made under that Act;
with a view to determining whether the special attention of the House should be drawn to it on any of the following grounds:
(a) that it is politically or legally important or gives rise to issues of public policy likely to be of interest to the House;
(b) that it is inappropriate in view of the changed circumstances since the passage of the parent Act;
(c) that it inappropriately implements EU legislation;
(d) that it imperfectly achieves its policy objectives;
That, as proposed by the Committee of Selection, the following Lords be named of the Committee:
L. Addington
L. Armstrong of Ilminster
L. Boston of Faversham
V. Colville of Culross
V. Eccles
L. Filkin (Chairman) | L. Jopling
L. Methuen
B. Morgan of Drefelin
E. Northesk
L. Tunnicliffe; |
That the Committee have power to appoint specialist advisers; That the Committee have power to adjourn from place to place within the United Kingdom;
That the Committee have leave to report from time to time;
That the minutes of evidence taken before the Merits of Statutory Instruments Committee in the last Parliament be referred to the Committee; and
That the minutes of evidence taken before the Committee from time to time shall, if the Committee think fit, be printed;
the motion was agreed to.
36. Science and Technology—It was moved by the Chairman of Committees that a Select Committee be appointed to consider science and technology and that, as proposed by the Committee of Selection, the following Lords be named of the Committee:
L. Broers (Chairman)
B. Finlay of Llandaff
L. Howie of Troon
L. Mitchell
L. Patel
L. Paul
B. Perry of Southwark | B. Platt of Writtle
E. Selborne
B. Sharp of Guildford
L. Sutherland of Houndwood
L. Taverne
L. Winston
L. Young of Graffham; |
That the Committee have power to appoint sub-committees and that the Committee have power to appoint the Chairmen of sub-committees; That the Committee have power to co-opt any Lord for the purposes of serving on the Committee or any sub-committee;
That the Committee have leave to report from time to time;
That the Committee and any sub-committee have power to adjourn from place to place;
That the Committee and any sub-committee have power to appoint specialist advisers;
That the minutes of evidence taken before the Science and Technology Committee or any sub-committee in the last Parliament be referred to the Committee; and
That the minutes of evidence taken before the Committee from time to time shall, if the Committee think fit, be printed;
the motion was agreed to.
37. European Union: Future Financing (EUC Report)—It was moved by the Lord Radice that this House takes note of the Report of the European Union Committee on Future Financing of the European Union (6th Report, Session 2004-05, HL Paper 62); after debate, the motion was agreed to.
38. Parliament and the Legislative Process—It was moved by the Lord Holme of Cheltenham that this House takes note of the Report of the Select Committee on the Constitution on Parliament and the Legislative Process (14th Report, Session 2003-04, HL Paper 173); after debate, the motion was agreed to.
The House was adjourned at eighteen minutes past nine o’clock
till tomorrow, half-past two o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
