House of Lords

Session 2005 - 06 Publications on the internet Minutes and Order Papers

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Wednesday 26th October 2005

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

PRAYERS were read by the Lord Bishop of Norwich.

1.  Leave of Absence—Leave of absence was granted to the Lord Chancellor for Monday 31st October.

Judicial Business

2.  Seal (Petitioner) v. Chief Constable of South Wales Police (Respondent)—The petition of Robert Edward Seal praying for leave to appeal 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.

3.  St Helens Borough Council (Respondents) v. Derbyshire (Petitioner) and others —The petition of the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission praying for leave to intervene in the said petition for leave to appeal was presented and referred to an Appeal Committee.

4.  Appeal Committee—The following Order was made pursuant to the 33rd Report:

Markem Corporation and others (Petitioners) v. Zipher Limited (Respondents) and one other action—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.

5.  Appeal Committee—The following Order was made pursuant to the 34th Report:

Fourie (Petitioner) v. Le Roux and others (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 9th November.

6.  Appeal Committee—The 47th Report from the Appeal Committee was agreed to and the following Order was made—

In re H (children) (FC)—That leave to appeal be refused and that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999.

Papers

7.  Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:

1.  Draft European Forest Institute (Legal Capacities) Order 2005, laid under the International Organisations Act 1968, together with an Explanatory Memorandum;

2.    (i)  Draft Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005, together with an Explanatory Memorandum—

(ii)  Draft Financial Assistance Scheme (Appeals) Regulations 2005, together with an Explanatory Memorandum—

laid under the Pensions Act 2004.

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

Medicines for Human Use (Fees Amendments) (No. 2) Regulations 2005, laid under the European Communities Act 1972.    (2979)

Select Committee Reports

9.  Statutory Instruments—The 6th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

Draft Civil Partnership (House of Commons Members’ Fund) Order 2005;

Draft Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005;

Draft Civil Partnership (Judicial Pensions and Church Pensions etc.) Order 2005;

Draft Disability Discrimination (Private Clubs etc.) Regulations 2005;

Draft European Communities (Definition of Treaties) (WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty) Order 2005;

Draft Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005;

Revised Funding Code Prepared by the Legal Services Commission;

it was ordered that the Report be printed. (HL Paper 55)

10.  Delegated Powers and Regulatory Reform—The following Report from the Select Committee was made and ordered to be printed:

4th Report, on the following bills:

Commons Bill [HL]—Government amendments for Committee Stage;

Equality Bill [HL]—Government response;

Commissioner for Older People (Wales) Bill [HL]—Government response. (HL Paper 56 )

Public Business

11.  Business of the House—It was moved by the Lord President (Baroness Amos), that Standing Order 41 (Arrangement of the Order Paper) be dispensed with tomorrow to allow the motions standing in the name of the Lord Evans of Temple Guiting to be taken before the motion standing in the name of the Baroness O’Cathain; the motion was agreed to.

12.  Merchant Shipping (Pollution) Bill [HL]—The bill was read a third time; a privilege amendment was agreed to; the bill was passed and sent to the Commons.

13.  Road Safety Bill [HL]—The House again resolved itself into a Committee upon the bill; amendments were agreed to; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed for a statement; the House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed.

14.  Commissioner for Older People (Wales) Bill [HL]—The bill was reported from the Grand Committee with amendments; it was ordered that the bill be printed as amended. (HL Bill 32)

15.  School Governance (Constitution, Federations and New Schools) (England) (Amendment) Regulations 2005—It was moved by the Baroness Walmsley that an Humble Address be presented to Her Majesty praying that the Regulations, laid before the House on 8th July, be annulled (S.I. 2005/1730); after debate, the motion was (by leave of the House) withdrawn.

The House was adjourned during pleasure. The House was resumed.

16.  Road Safety Bill [HL]—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 and the bill was reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 33)

The House was adjourned at seventeen minutes before eleven o’clock till tomorrow, a quarter before ten o’clock for judicial business, eleven o’clock for public business.

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.

Commissioner for Older People (Wales) Bill [HL]—The bill was further 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 six minutes before seven o’clock.