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Minutes and Order Paper - Minutes of Proceedings



 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Monday 28th November 2005

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

PRAYERS were read by the Lord Bishop of Manchester.

Judicial Business

1.  Paragon Finance plc (formerly National Home Loans Corporation plc) (Respondents) v. Pender and another (Petitioners)—The petition of Richard Joseph Pender and Kathleen Pauline Pender praying for leave to appeal was presented and referred to an Appeal Committee (lodged 27th October).

2.  Majrowski (Respondent) v. Guy’s and St. Thomas’ NHS Trust (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 November (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

3.  Oakley Inc (Petitioners) v. Animal Limited and others (Respondents)—Upon application by the petitioners (the agents for the respondents consenting thereto), it was ordered that the petition be withdrawn and that there be no order as to costs.

4.  Appeal Committee—The 60th Report from the Appeal Committee was agreed to and the following Orders were made—

    J (FC) (Petitioner) v. Secretary of State for the Home Department (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.

    Tweed (Petitioner) v. Parades Commission for Northern Ireland (Respondents) (Northern Ireland)—That leave to appeal be given; and that the petition of appeal be lodged by 12th December.

    R (on the application of Omar) (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—That the respondent be invited to lodge objections by 12th December.

    Crown Prosecution Service (Respondents) v. Jennings (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 12th December.

    Saha (Petitioner) and another v. Lilley (Respondent)—That leave to appeal be refused.

Papers

5.  Instrument withdrawn—The following instrument, laid before the House on 9th November, was withdrawn:

    Draft Scotland Act 1998 (Modifications of Schedule 5) (No. 3) Order 2005, laid under the Scotland Act 1998.

6.  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.  Petroleum—Agreement between the United Kingdom and Norway relating to the Transmission by Pipeline of Heimdal Liquids to the United Kingdom; (25th November 2005)  (6694)

    2.  International Criminal Court—Exchange of Letters between the United Kingdom and the Prosecutor of the International Criminal Court concerning the Provision of Information by the United Kingdom to the Office of the Prosecutor. (25th November 2005)  (6695)

7.  Statutory Instruments (Standing Order 71)—The following instruments, having been laid before the House on 25th November, were ordered to lie on the Table:

    Negative Instruments

      1.  (i)  Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 2005—  (3179)

      (ii)  Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 2005—  (3180)

      laid under the Criminal Justice (International Co-operation) Act 1990;

    2.  Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, laid under the Proceeds of Crime Act 2002;    (3181)

    3.  Export Control (Uzbekistan) Order 2005, laid under the Export Control Act 2002;    (3257)

    4.  Salaries (Comptroller and Auditor General) (No. 2) Order (Northern Ireland) 2005, laid under the Northern Ireland Act 2000;    (—)

    5.  Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules (Northern Ireland) 2005, laid under the Insolvency (Northern Ireland) Order 1989.    (—)

    Instruments not subject to parliamentary proceedings

    6.  Navy and Marines (Property of Deceased) (Amendment) Order 2005, laid under the Navy and Marines (Property of the Deceased) Act 1865;    (3184)

    7.    (i)  Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) (No. 3) Order 2005—    (3187)

      (ii)    Ulster Defence Regiment (Amendment) Order 2005—  (3189)

      laid under the Social Security (Miscellaneous Provisions) Act 1977.

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

    1.  (i)  Housing Health and Safety Rating System (England) Regulations 2005—  (3208)

      (ii)    Draft Operating Guidance on the Housing Health and Safety Rating System—   (—)

      (iii)  Draft Enforcement Guidance on Housing Conditions—  (—)

      laid under the Housing Act 2004;

    2.  (i)  Travel Concessions (Extension of Entitlement) (England) Order 2005—  (3224)

      (ii)    Transport for London (Woodside Park Substation) Order 2005—  (3231)

      (iii)  Transport for London (High Barnet Substation) Order 2005—  (3232)

      laid under the Greater London Authority Act 1999.

Select Committee Report

9.  Human Rights—The 3rd Report from the Joint Committee, Counter-Terrorism Policy and Human Rights, together with appendices, was made and ordered to be printed. (HL Paper 75)

Private Business

10.  Petitions for private bills—The following petitions for private bills were deposited on or before 28th November 2005 pursuant to Standing Order:

Name of PetitionBy whom deposited
Leicester City CouncilSharpe Pritchard
Liverpool City CouncilSharpe Pritchard
Maidstone Borough CouncilSharpe Pritchard
Merseyside Local Authorities (Prohibition of Smoking in Places of Work)Sharpe Pritchard
Transport for LondonRees & Freres
Whitehaven HarbourRees & Freres
Public Business

11.  European Union (Accessions) Bill—A bill to make provision consequential on the treaty concerning the accession of the Republic of Bulgaria and Romania to the European Union, signed at Luxembourg on 25th April 2005; and to make provision in relation to the entitlement of nationals of those states to enter or reside in the United Kingdom as workers was brought from the Commons, read a first time and ordered to be printed. (HL Bill 46)

12.  European Union (Accessions) Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 46-EN)

13.  Commons Bill [HL]—The report was received; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; an amendment was disagreed to (see division list); further consideration on report was adjourned after amendment 37.

14.  European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005—The Grand Committee reported that it had considered the draft Order.

15.  European Forest Institute (Legal Capacities) Order 2005—The Grand Committee reported that it had considered the draft Order.

16.  Compensation Bill [HL]—It was moved by the Baroness Ashton of Upholland, on behalf of the Lord Falconer of Thoroton, that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Grand Committee.

The House was adjourned at twenty-seven minutes before nine o’clocktill 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.

European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005—It was moved by the Lord Triesman that the Grand Committee do consider the draft European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005; the motion was agreed to.

European Forest Institute (Legal Capacities) Order 2005—It was moved by the Lord Triesman that the Grand Committee do consider the draft European Forest Institute (Legal Capacities) Order 2005; after debate, the motion was agreed to.

Burma—The Lord Alton of Liverpool asked Her Majesty’s Government whether they will raise in the United Nations Security Council the issues of the alleged genocide committed against the Karen, Karenni and Shan of Burma; and the imposition of an arms and investment embargo on Burma; after debate, the question was answered by the Lord Triesman.

Community relations—The Baroness Falkner of Margravine asked Her Majesty’s Government what steps they are taking to address the segregation of communities, and to enhance better community relations; after debate, the question was answered by the Lord Bassam of Brighton.

The Committee was adjourned at twenty-five minutes before seven o’clock.

CORRECTION

In the Minutes of Proceedings of 24th November the following item, which was included in item 7 (Affirmative Instruments), should have appeared as a negative instrument:

    Draft Statutory Code of Practice (Scotland): The Duty to Promote Disability Equality, laid under the Disability Discrimination Act 1995.  (—)

 
 
 
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Prepared: 29 november 2005