HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Thursday 26th January 2006
The House met at a quarter before ten oclock.
PRAYERS were read by the Lord Bishop of Manchester.
Judicial Business
1. R v. Longworth (Appellant) (On Appeal from the Court of Appeal (Criminal Division))It was moved by the Lord Hoffmann on behalf of Lord Nicholls of Birkenhead, That the 32nd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed; that the Order of the Court of Appeal Criminal Division of 23rd July 2004 be set aside; that the Order of His Honour Judge Hale in the Crown Court at Warrington of 22nd December 2003 be set aside in respect of that part of the judges sentence which purported to determine that the appellant was subject to notification requirements and to require him to register under the Sex Offenders Act 1997; and that the costs of the Appellant incurred in this House and in the Court of Appeal be paid out of central funds in accordance with section 16 of the Prosecution of Offences Act 1985, the amount of the costs in this House to be certified by the Clerk of the Parliaments if not agreed between the parties and the amount of the costs in Her Majestys Court of Appeal to be determined by a Costs Judge. [2006] UKHL 1
2. Gillies (AP) (Appellant) v. Secretary of State for Work and Pensions (Respondent) (Scotland)It was moved by the Lord Hope of Craighead on behalf of Lord Nicholls of Birkenhead, That the 33rd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be dismissed; that the Interlocutor of the First Division of the Inner House of the Court of Session in Scotland of 28 November 2003 be affirmed; that the appellant do pay to the respondent his costs in this House; that the respondents costs in this House be paid out of the Legal Aid Fund in accordance with section 19 of the Legal Aid (Scotland) Act 1986; that the appellants liability as an assisted person be modified to nil under the provisions of the Legal Aid (Scotland) Act 1986, but such orders on costs to be suspended for four weeks to allow the Scottish Legal Aid Board to object if they wish; and that the costs of the appellant in this House be taxed in accordance with the Legal Aid (Scotland) Act 1986. [2006] UKHL 2
3. Serco Limited (Respondents) v. Lawson (Appellant)
4. Botham (FC) (Appellant) v. Ministry of Defence (Respondents)
5. Crofts (Respondent) and others v. Veta Limited (Appellants) and others and one other action
It was moved by the Lord Hoffmann, That the 34th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that: in the appeal of Lawson, the appeal be allowed, the Order of the Court of Appeal of 23rd January 2004 be set aside save as to costs and the Order of the Employment Appeal Tribunal of 11th March 2003 restored, that the matter be remitted to an Employment Tribunal for hearing on the merits, and that there be no order for costs in the appeal to this House; in the appeal of Botham, the appeal be allowed, the Order of the Court of Appeal of 14th March 2005, the amended Order of the Employment Appeal Tribunal of 1st December 2004 and the decision of the Employment Tribunal sitting at Southampton of 11th May 2004 all be set aside, that the matter be remitted to an Employment Tribunal for hearing on the merits, and that the question of costs be adjourned in order that the parties may make written submissions within 14 days; in the appeal of Veta Limited, the appeal be dismissed, the Order of the Court of Appeal of 19th May 2005 be affirmed, and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2006] UKHL 3
6. Capewell (Respondent) v. Her Majestys Revenue and Customs (Appellants) and anotherThe 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 13th March (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
The House was adjourned during pleasure.The House was resumed.
Papers
7. Instrument withdrawnThe following instrument, laid before the House on 25th January, was withdrawn:
Draft Budget (Northern Ireland) Order 2006.
8. Affirmative InstrumentsThe following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. (i) Draft Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2006, together with an Explanatory Memorandum
(ii) Draft Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 2006, together with an Explanatory Memorandum
laid under the Clean Neighbourhoods and Environment Act 2005;
2. Draft Representation of the People (Scotland) (Amendment) Regulations 2006, laid under the Political Parties, Elections and Referendums Act 2000, together with an Explanatory Memorandum;
3. (i) Draft Budget (Northern Ireland) Order 2006, together with an Explanatory Memorandum
(ii) Draft Rates (Capital Values, etc.) (Northern Ireland) Order 2006, together with an Explanatory Memorandum
laid under the Northern Ireland Act 2000.
9. Negative InstrumentsThe following instruments were laid before the House and ordered to lie on the Table:
1. Draft Charities (Cheadle Royal Hospital, Manchester) Order 2006, laid under the Charities Act 1993, together with an Explanatory Memorandum;
2. (i) Local Authorities (Executive Arrangements) (Access to Information) (Amendment) (England) Regulations 2006 (69)
(ii) Relevant Authorities (Standards Committee) (Amendment) Regulations 2006 (87)
laid under the Local Government Act 2000;
3. Local Government (Access to Information) (Variation) Order 2006, laid under the Local Government Act 1972; (88)
4. Local Safeguarding Children Boards Regulations 2006, laid under the Children Act 2004; (90)
5. Feeding Stuffs and the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2006, laid under the Agriculture Act 1970; (113)
6. Dairy Produce Quotas (Amendment) Regulations 2006, laid under the European Communities Act 1972; (120)
7. Rates (Regional Rates) Order (Northern Ireland) 2006, laid under the Northern Ireland Act 2000. ()
10. Paper not subject to parliamentary proceedingsThe following paper was laid before the House and ordered to lie on the Table:
Accounts for 2004-05 of the Dartford-Thurrock Crossing Road User Charging Scheme, laid under the Trunk Road Charging Schemes (Bridges and Tunnels) (Keeping of Accounts) (England) Regulations 2003.
Private Business
11. London Local Authorities Bill [HL]The petition of Westminster City Council for additional provision, together with a list of the amendments proposed to be made, was presented and referred to the Examiners.
1. Public Business
12. Business of the HouseIt was moved by the Lord President (Baroness Amos) that the debate on the motion in the name of the Lord Harrison set down for today shall be limited to 2½ hours and that in the name of the Baroness Jay of Paddington to 3 hours; the motion was agreed to.
13. Health and safety at work (2½-hour debate)It was moved by the Lord Harrison that there be laid before the House papers relating to health and safety at work, especially with regard to preventing deaths and accidents in the workplace; after debate, the motion was (by leave of the House) withdrawn.
14. G8: development aid (3-hour debate)It was moved by the Baroness Jay of Paddington that there be laid before the House papers relating to the commitments made by the G8 on development aid and the case for fulfilling these commitments in 2006; after debate, the motion was (by leave of the House) withdrawn.
15. National Insurance Contributions BillThe bill was reported from the Grand Committee without amendment.
16. Central European TimeThe Viscount Montgomery of Alamein asked Her Majestys Government when they will consider adopting Central European Time; after debate, the question was answered by the Lord Sainsbury of Turville.
The House was adjourned at four minutes past six oclock
to Monday next, half-past two oclock.
PAUL HAYTER
Clerk of the Parliaments
APPENDIX
PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)
The Committee met at two oclock.
National Insurance Contributions BillThe bill was considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; it was ordered that the bill be reported without amendment.
The Committee was adjourned at twenty-seven minutes past four oclock. |