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Minutes and Order Paper - Minutes of Proceedings

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HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Tuesday 8th November 2005

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

PRAYERS were read by the Lord Bishop of Newcastle.

1.  Lord Alexander of Weedon—The Lord Chancellor acquainted the House that Lord Alexander of Weedon, a member of the House, had died on 6th November 2005.

Judicial Business

2.  Fourie (Appellant) v. Le Roux and others (Respondents) (England)—The appeal of John Louis Carter Fourie was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 20th December.

3.  Malekout (Petitioner) v. Secretary of State for Health (Respondent)—The petition of Cyrus Malekout praying for leave to appeal was presented and referred to an Appeal Committee.

4.  Hammond (Petitioner) v. Benefits Agency (Respondents)—The petition of Michael Hammond 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 (lodged 6th September).

5.  Deutsche Morgan Grenfell Group plc (Appellants) v. Her Majesty’s Commissioners of Inland Revenue and another (Respondents)—

6.  Deutsche Morgan Grenfell Group plc (Respondents) v. Her Majesty’s Commissioners of Inland Revenue and another (Appellants)—

    (Consolidated 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 16th November (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

7.  R v. Bhatti (Respondent)—Upon application by the petitioners (the agents for the respondent consenting thereto), it was ordered that the petition be withdrawn and that there be no order as to costs.

8.  Appeal Committee—The 50th Report from the Appeal Committee was agreed to and the following Order was made—

    Leeds City Council (Respondents) v. Price and others and others (FC) (Appellants)—That the petition of Justice and the National Council for Civil Liberties that they might be heard or otherwise intervene in the said appeal be allowed to the extent that they may lodge written submissions only.

Papers

9.  Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:

    1.  Social Fund Maternity and Funeral Expenses (General) Regulations 2005, laid under the Social Security Contributions and Benefits Act 1992;    (3061)

    2.  Vaccine Damage Payments (Amendment) Regulations 2005, laid under the Vaccine Damage Payments Act 1979;    (3070)

    3.  National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Civil Partnership) Amendment Regulations 2005, laid under the Superannuation Act 1972;    (3074)

    4.  Civil Partnership (Miscellaneous and Consequential Provisions) Order (Northern Ireland) 2005, laid under the Northern Ireland Act 2000;    (—)

    5.  Dissolution etc. (Pensions) Regulations (Northern Ireland) 2005, laid under the Civil Partnership Act 2004.    (—)

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

    1.  Report and Accounts for 2004-05 of the British Library, laid under the British Library Act 1972;

    2.  Report and Accounts for 2004-05 of the Staff Commission for Education and Library Boards, laid under the Northern Ireland Act 2000;

    3.  Report for 2003 on the operation of the Treasure Act 1996, laid under that Act;

    4.  (i)  Naval and Marine Pay and Pensions (Hong Kong Locally Engaged Ratings’ Service Gratuities and Attributable Disablement and Death Awards) Order 2005—

      (ii)  Naval and Marine Pay and Pensions (Hong Kong Locally Engaged Ratings’ Service Pensions Increases) Order 2005—

      (iii)  Naval and Marine Pay and Pensions (Maltese Naval Locally Engaged Personnel Widows’ Attributable Pensions) Order 2005—

      (iv)  Naval and Marine Pay and Pensions (Maltese Naval Locally Engaged Personnel Disablement Awards) Order 2005—

      laid under the Naval and Marine Pay and Pensions Act 1865;

    5.  (i)  Draft Code of Practice for the Exercise by police officers of statutory powers of stop and search, and police officers and police staff of requirements to record public encounters (Code A)—

      (ii)     Draft Code of Practice for searches of premises by police officers and the seizure of property found by police officers on persons or premises (Code B)—

      (iii)     Draft Code of Practice for the detention, treatment and questioning of persons by police officers (Code C)—

      (iv)     Draft Code of Practice for the identification of persons by police officers (Code D)—

      (v)     Draft Code of Practice on audio recording interviews with suspects (Code E)—

      (vi)     Draft Code of Practice on visual recording with sound of interviews with suspects (Code F)—

      (vii)     Draft Code of Practice for the statutory power of arrest by police officers (Code G)—

      laid under the Police and Criminal Evidence Act 1984.

Select Committee Report

11.  Merits of Statutory Instruments—The following Report from the Select Committee was made and ordered to be printed:

    13th Report, on the following affirmative instruments:

      Draft Asylum (Designated States) (No. 2) Order 2005;

      Draft Criminal Justice Act 2003 (Commencement No. 12 and Transitory Provisions) Order 2005;

      Draft Financial Assistance Scheme (Appeals) Regulations 2005;

      Draft Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005;

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

    and on the following negative instruments:

      Disability Discrimination (Service Providers and Public Authorities Carrying Out Functions) Regulations 2005;

      Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2005;

      Avian Influenza (Preventive Measures) Regulations 2005;

      Avian Influenza (Preventive Measures in Zoos) Regulations 2005. (HL Paper 61)

Public Business

12.  Consumer Credit Bill—It was moved by the Lord Sainsbury of Turville that it be an instruction to the Grand Committee to which the Consumer Credit Bill has been committed that they consider the bill in the following order:

Clauses 1 to 55
Schedule 1
Clauses 56 to 59
Schedule 2
Clauses 60 to 69
Schedule 3
Clause 70
Schedule 4
Clause 71;
the motion was agreed to.

13.  Children and Adoption Bill [HL]—It was moved by the Baroness Crawley, on behalf of the Lord Adonis, that the amendments for the Report stage be marshalled and considered in the following order:

Clauses 1 to 4
Schedule 1
Clauses 5 to 14
Schedules 2 and 3
Clauses 15 and 16;
the motion was agreed to.

14.  Racial and Religious Hatred Bill—The report was received; amendments were moved and (by leave of the House) withdrawn; an amendment was disagreed to (see division list).

15.  Charities Bill [HL]—The Queen’s and Prince of Wales’ consents were signified; the bill was read a third time; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; further proceedings after third reading were adjourned.

16.  Family Procedure (Modification of Enactments) Order 2005—It was moved by the Lord Evans of Temple Guiting that the draft Order laid before the House on 12th October be approved; after debate, the motion was agreed to.

17.  Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2005—It was moved by the Lord Evans of Temple Guiting that the draft Order laid before the House on 12th October be approved; the motion was agreed to.

18.  Revised Funding Code prepared by the Legal Services Commission—It was moved by the Lord Evans of Temple Guiting that the Revised Funding Code laid before the House on 19th October be approved; the motion was agreed to.

19.  Charities Bill [HL]—The bill was further considered after third reading; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; a privilege amendment was agreed to; then the bill was passed and sent to the Commons.

The House was adjourned at twenty-two minutes past nine o’clock

till 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.

    Consumer Credit Bill—The bill was considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after clause 37 stood part.

The Committee was adjourned at twenty-two minutes past six o’clock.

 
 
 
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Prepared: 9 november 2005