HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Monday 9th January 2006
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Exeter.
1. Deaths of Lords—The Lord Chancellor acquainted the House that the following members of the House had died:
Lord Merlyn-Rees on 5th January 2006
Lord Stratford on 8th January 2006.
2. Lord Bishop of Southwell and Nottingham—The Lord Chancellor acquainted the House that Her Majesty The Queen in Council on 15th November 2005 had made an Order changing the name of the See of Southwell to Southwell and Nottingham; and that accordingly on 20th December 2005 a new Writ of Summons to Parliament was issued to George Henry Lord Bishop of Southwell as the Lord Bishop of Southwell and Nottingham.
Judicial Business
3. St Helens Borough Council (Respondents) v. Derbyshire and others (Appellants) (England)—The appeal of Joyce Ellen Derbyshire and others was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 20th February (lodged 19th December).
4. Beoku-Betts (FC) (Appellant) v. Secretary of State for the Home Department (Respondent) (England)—The appeal of Ernest Festus Beoku-Betts was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 20th February (lodged 19th December).
5. Hamid (FC) (Appellant) v. Secretary of State for the Home Department (Respondent) (England)—The appeal of Abdoulazaz Hadu Hamid was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 20th February (lodged 20th December).
6. Gaafar (FC) (Appellant) v. Secretary of State for the Home Department (Respondent) (England)—The appeal of Ibrahim Mohammed Gaafar was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 20th February (lodged 20th December).
7. Mohammed (FC) (Appellant) v. Secretary of State for the Home Department (Respondent) (England)—The appeal of Noureldeain Zakaria Mohammed was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 20th February (lodged 20th December).
8. Seismic Shipping Inc and others (Respondents) v. Total E & P UK plc (Appellants) (England)—The appeal of Total E & P UK plc was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 20th February (lodged 21st December).
9. Stack (Appellant) v. Dowden (Respondent) (England)—The appeal of Barry Alan Stack was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 20th February (lodged 21st December).
10. Whaley and another (Appellant) v. Advocate General for Scotland and another and others (Respondents) (Scotland)—The appeal of Brian Leonard Friend was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 20th February (lodged 4th January).
11. R v. Abdroikof (Appellant) and another (On Appeal from the Court of Appeal (Criminal Division))—The appeal of Nurlan Abdroikof was presented and ordered to be prosecuted subject to the procedures applicable thereto (lodged 4th January).
12. R v. Abdroikof and another (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of Richard John Green was presented and ordered to be prosecuted subject to the procedures applicable thereto (lodged 4th January).
13. R v. Williamson (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of Kenneth Joseph Williamson was presented and ordered to be prosecuted subject to the procedures applicable thereto (lodged 4th January).
14. Masri (Respondent) v. Consolidated Contractors International (UK) Limited and others (Petitioners)—The petition of Said Tawfic Khoury, Consolidated Contractors Group SAL (Holding Company), Consolidated Contractors International Company SAL and Consolidated Contractors (Oil and Gas) Company SAL praying for leave to appeal was presented and referred to an Appeal Committee (lodged 24th November).
15. Smith International Inc (Respondents) v. Specialised Petroleum Services Group Limited (Petitioners)—The petition of Specialised Petroleum Services Group Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 16th December).
16. Lillywhite and another (Respondents) v. University College London Hospitals NHS Trust (Petitioners)—The petition of University London Hospitals Trust of Claims Management praying for leave to appeal was presented and referred to an Appeal Committee (lodged 21st December).
17. Secretary of State for Work and Pensions (Respondent) v. B (FC) (Petitioner)—The petition of B praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 4th January).
18. Datec Electronics Holdings Limited and others (Respondents) v. United Parcels Services Limited (Petitioners)—The petition of United Parcels Services Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 4th January).
19. Riverside Housing Association Limited (Petitioners) v. White and another (Respondents)—The petition of Riverside Housing Association Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 4th January).
20. R (on the application of Alamieyeseigha) (Petitioner) v. Crown Prosecution Service (Respondents)—The petition of Diepreye Solomon Peter Alamieyeseigha praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee (lodged 4th January).
21. R (on the application of Beresford) (Petitioner) v. Government of Australia (Respondents)—The petition of Brian John Beresford praying for leave to appeal in accordance with the Extradition Act 2003 was presented and referred to an Appeal Committee (lodged 16th December).
22. Sempra Metals Limited (formerly Metallgesellschaft Limited) (Respondents) v. Her Majesty’s Commissioners of Inland Revenue and another (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 19th December).
23. OBG Limited and others (Appellants) v. Allan and others (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 19th December).
24. Bailey and others (Respondents) v. Home Office (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 19th December).
25. Fornah (Appellant) v. Secretary of State for the Home Department (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 19th December).
26. Fourie (Appellant) v. Le Roux and others (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 20th December).
27. Miller (Appellant) v. Miller (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee.
28. O’Brien and others (FC) (Appellants) v. Independent Assessor (Respondent)—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 February (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 16th December).
29. Mainstream Properties Limited (Appellants) v. Young and others and another (Respondent)—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 15th February (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 19th December).
30. Small (Her Majesty’s Inspector of Taxes) (Respondent) v. Mars UK Limited (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 16th February (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 19th December).
31. Douglas and another and others (Appellants) v. Hello! Limited and others (Respondents)—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 six weeks after the final determination on the application for leave to cross-appeal (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
32. Robb (Appellant) v. Salamis (M & I) Limited (formerly known as Salamis Marine & Industrial Limited) (Respondents) (Scotland)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 6th February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 4th January).
33. McCaughey (AP) (Appellant) v. Chief Constable of the Police Service of Northern Ireland (Respondent) (Northern Ireland)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 9th February (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 4th January).
34. Jordan (AP) (Appellant) v. Lord Chancellor and another (Respondents) (Northern Ireland)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 9th February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 4th January).
35. Her Majesty’s Revenue and Customs (Respondents) v. William Grant & Sons Distillers Limited (Appellants) (Scotland)—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 15th February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
36. Moncrieff (AP) and another (AP) (Respondents) v. Jamieson and others (Appellants) (Scotland)—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 20th February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
37. Bradford & Bingley plc (Appellants) v. Rashid (FC) (Respondent)—The respondent’s certificate of public funding was lodged.
38. Farley (FC) (Respondent) v. Child Support Agency and another (Appellants)—The respondent’s certificate of public funding was lodged.
Papers
39. Statutory Instruments (Standing Order 71)—The following negative 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 |
| Derbyshire (Coroners’ Districts) (Amendment) Order 2005, laid under the Coroners Act 1988; | 3489 | 21st December |
| Civil Procedure (Amendment No. 4) Rules 2005, laid under the Civil Procedure Act 1997; | 3515 | 21st December |
| Parliamentary Commissioner (No. 2) Order 2005, laid under the Parliamentary Commissioner Act 1967; | 3424 | 22nd December |
| Health Service Commissioner for England (Special Health Authorities) (No. 2) Order 2005, laid under the Health Service Commissioners Act 1993; | 3428 | 22nd December |
| Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005, laid under the Ministers of the Crown Act 1975; | 3429 | 22nd December |
| Education (Grants etc.) (Dance and Drama) (England) (Amendment) (No. 2) Regulations 2005, laid under the Education Act 1996; | 3436 | 22nd December |
| Social Security (Payments on account, Overpayments and Recovery) Amendment Regulations 2005, laid under the Social Security Administration Act 1992; | 3476 | 22nd December |
| Armed Forces Proceedings (Costs) Regulations 2005, laid under the Armed Forces Act 2001; | 3478 | 22nd December |
| Adoption and Children (Miscellaneous Amendments) Regulations 2005, laid under the Education Act 1962; | 3482 | 22nd December |
(i) Road Traffic (Permitted Parking Area and Special Parking Area) (County of West Sussex) (District of Horsham) Order 2005—
| 3492 | 22nd December |
(ii) Road Traffic (Permitted Parking Area and Special Parking Area) (County of West Sussex) (District of Mid Sussex) Order 2005—
laid under the Road Traffic Act 1991;
| 3494 | 22nd December |
| Adoption and Children Act 2002 (Consequential Amendments) Order 2005, laid under the Adoption and Children Act 2002; | 3504 | 22nd December |
| Police Service of Northern Ireland Regulations 2005, laid under the Police (Northern Ireland) Act 1998; | — | 22nd December |
| Older Cattle (Disposal) (England) Regulations 2005, laid under the European Communities Act 1972; | 3522 | 23rd December |
(i) Courts-Martial (Army) (Amendment) Rules 2005—
| 3483 | 29th December |
(ii) Summary Appeal Court (Army) (Amendment) Rules 2005—
| 3486 | 29th December |
laid under the Army Act 1955;
| | |
(i) Courts-Martial (Royal Navy) (Amendment) Rules 2005—
| 3484 | 29th December |
(ii) Summary Appeal Court (Navy) (Amendment) Rules 2005—
| 3487 | 29th December |
laid under the Naval Discipline Act 1957;
| | |
(i) Courts-Martial (Royal Air Force) (Amendment) Rules 2005—
| 3485 | 29th December |
(ii) Summary Appeal Court (Air Force) (Amendment) Rules 2005—
| 3488 | 29th December |
laid under the Air Force Act 1955;
| | |
| National Health Service (Performers Lists) Amendment Regulations 2005, laid under the National Health Service Act 1977; | 3491 | 30th December |
| Insolvency Practitioners and Insolvency Services Account (Fees) (Amendment) Order 2005, laid under the Insolvency Act 1986; | 3524 | 30th December |
| Noise Emission in the Environment by Equipment for Use Outdoors (Amendment) Regulations 2005, laid under the European Communities Act 1972; | 3525 | 30th December |
| Education (School Teachers’ Pay and Conditions) (No. 4) Order 2006, laid under the Education Act 2002; | 3479 | 3rd January |
| Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Hertsmere) Order 2005, laid under the Road Traffic Act 1991; | 3543 | 4th January |
| Enterprise Act 2002 (Merger Fees) (Amendment) Order 2005, laid under the Enterprise Act 2002. | 3558 | 5th January |
40.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. (i) Draft Industrial Training Levy (Construction Board) Order 2006—
(ii) Draft Industrial Training Levy (Engineering Construction Board) Order 2006—
laid under the Industrial Training Act 1982, together with an Explanatory Memorandum;
2. Draft National Endowment for Science, Technology and the Arts (Increase of Endowment) Order 2006, laid under the National Lottery Act 1998, together with an Explanatory Memorandum;
3. Draft Pensions Act 2004 (PPF Payments and FAS Payments) (Consequential Provisions) Order 2006, laid under the Pensions Act 2004, together with an Explanatory Memorandum;
4. Draft National Assembly for Wales (Representation of the People) (Amendment) Order 2006, laid under the Government of Wales Act 1998.
41. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
(i) Public Contracts Regulations 2006— (5)
(ii) Utilities Contracts Regulations 2006— (6)
(iii) Food Hygiene (England) Regulations 2006— (14)
(iv) Official Feed and Food Controls (England) Regulations 2006— (15)
laid under the European Communities Act 1972.
42. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Report of the making of a call-out order of members of the Reserve Forces, laid under the Reserve Forces Act 1996;
2. Codes of Practice for the Use of Serious Crime Analysis Section, laid under the Police Act 1996;
3. Accounts for 2004-05 of the Nursing and Midwifery Council, laid under the Nursing and Midwifery Order 2001;
4. Report and Accounts for 2003-04 of the Sports Council for Northern Ireland, laid under the Northern Ireland Act 2000;
5. Statement of Alterations to the Northern Ireland Criminal Injuries Compensation Scheme 2002, laid under the Criminal Injuries Compensation (Northern Ireland) Order 2002.
Private Business
43. London Local Authorities and Transport for London Bill—The following petitions praying to be heard against the bill were deposited on or before 9th January 2006:
| Petition no. | Petitioner | Agent | Deposited |
| 1. | Clive and Anna Wolman | Clive Wolman | 9th January 2006 |
| 2. | The Society of London Theatre and The Theatrical Management Association | Bircham Dyson Bell | 9th January 2006 |
| 3. | The Sir John Soane’s Museum | Winckworth Sherwood | 9th January 2006 |
| 4. | The Honourable Society of Lincoln’s Inn | Winckworth Sherwood | 9th January 2006 |
| 5. | The Royal College of Surgeons of England | Winckworth Sherwood | 9th January 2006 |
Public Business44. National Insurance Contributions Bill—It was moved by the Lord McKenzie of Luton that the bill be now read a second time; after debate, the motion was agreed to.
45. Council Tax (New Valuation Lists for England) Bill—It was moved by the Lord Bassam of Brighton, on behalf of the Baroness Andrews, that the bill be now read a second time; after debate, the motion was agreed to.
The House was adjourned at twenty-nine minutes past five 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.
Immigration, Asylum and Nationality Bill—The bill was considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after amendment 15.
The Committee was adjourned at twenty-two minutes before eight o’clock. | 
