HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Tuesday 24th January 2006
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Manchester.
Judicial Business
1. R (on the application of Hurst) (Respondent) v. Commissioner of Police for the Metropolis (Appellant)—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 8th March (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
Papers
2. Instruments withdrawn—The following instruments, laid before the House on the dates shown, were withdrawn:
1. Draft Representation of the People (England and Wales) (Amendment) Regulations 2006; (19th December 2005)
2. Draft National Assembly for Wales (Representation of the People) (Amendment) Order 2006. (9th January 2006)
3. Command Papers—The following papers, having been presented to the House by command of Her Majesty, were ordered to lie on the Table:
1. Welfare—A new deal for welfare: Empowering people to work: Government consultation document; (6730)
2. Criminal Justice—Treaty between the United Kingdom and Brazil on Mutual Legal Assistance in Criminal Matters. (6734)
4. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft Representation of the People (England and Wales) (Amendment) Regulations 2006, laid under the Representation of the People Act 1983, together with an Explanatory Memorandum;
2. Draft National Assembly for Wales (Representation of the People) (Amendment) Order 2006, laid under the Government for Wales Act 1998, together with an Explanatory Memorandum.
5. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i) Merchant Shipping (Training and Certification and Minimum Standards of Safety Communications) (Amendment) Regulations 2006— (89)
(ii) Working Time (Amendment) Regulations 2006— (99)
laid under the European Communities Act 1972;
2. Draft Code of Practice (Supplement to Part 3 Code of Practice) on the provision and use of transport vehicles, laid under the Disability Discrimination Act 1995. (—)
Select Committee Reports
6. Merits of Statutory Instruments—The following Report from the Select Committee was made and ordered to be printed:
21st Report, on the following negative instrument:
Community Drivers’ Hours and Working Time (Road Tankers) (Temporary Exception) Regulations 2006. (HL Paper 105)
Private Business
7. Merseyside Local Authorities (Prohibition of Smoking in Places of Work) Bill [HL]—It was reported by the Chairman of Committees, pursuant to Private Business Standing Order 91 (Special circumstances), that he had received the following report on the bill from Caroline Flint MP, Parliamentary Under-Secretary of State for Public Health: “In my opinion the promoters have failed to undertake an adequate assessment of the compatibility of their proposals with the European Convention on Human Rights. The exclusion from the prohibition on smoking in places of work that applies for domestic purposes in Clause 4 (meaning of “place of work”) is drawn narrowly. For example, long term residential accommodation which is the sole home of an individual may fall outside the definition of “domestic premises” in Clause 4(2), even where it is the individual’s sole home and only occasionally a place of work. It follows that there might be circumstances in which a total prohibition on smoking tobacco in such accommodation could constitute a disproportionate interference with the right to respect for private and family life within the meaning of Article 8 of the Convention, having regard to the fact that smoking is a legal activity. In addition, the promoters have failed to address issues raised by the Joint Committee on Human Rights on similar Bills in their Twelfth Report (Session 2004-05, ordered to be printed 9 March 2005).”.
Public Business
8. European Union (Accessions) Bill—The report was received.
9. Racial and Religious Hatred Bill—The bill was read a third time; an amendment was moved and (by leave of the House) withdrawn; then, after debate, the bill was passed and returned to the Commons with amendments.
10. Natural Environment and Rural Communities Bill—The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; an amendment was agreed to; the House was resumed after amendment 110.
11. Artist’s Resale Right Regulations 2006—It was moved by the Lord Sainsbury of Turville that the draft Regulations laid before the House on 15th December be approved; then it was moved by the Lord Brooke of Sutton Mandeville, as an amendment thereto, at end to insert “but this House regrets that the Regulations go beyond the requirements of the European Union Directive implementing the regime for the payment of artists and calls for the Regulations to be replaced within six months by Regulations in accordance with the Directive”; after debate, the amendment was (by leave of the House) withdrawn; then the original motion was agreed to.
The House was adjourned at ten o’clock
till tomorrow, half-past two o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
