HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Wednesday 8th March 2006
The House met at a quarter before ten o’clock.
PRAYERS were read by the Lord Bishop of Coventry.
Judicial Business
1. Kay and others and another (FC) (Appellants) v. London Borough of Lambeth and others (Respondents)—
2. Leeds City Council (Respondents) v. Price and others and others (FC) (Appellants)—
It was moved by the Lord Bingham of Cornhill, That the 41st Report from the Appellate Committee be agreed to; the motion was agreed to. In respect of the appeal of Kay and others and another, it was ordered and adjudged that the Order of Her Majesty’s Court of Appeal of 20th July 2004 be affirmed, save as to costs, and the appeal dismissed; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. In respect of the appeal of Price and others and others, it was ordered and adjudged that the Order of Her Majesty’s Court of Appeal of 16th March 2005 be affirmed, save as to costs, and the appeal dismissed; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2006] UKHL 10
3. Secretary of State for Work and Pensions (Appellant) v. M (Respondent)—It was moved by the Lord Bingham of Cornhill, That the 42nd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 19th October 2004, the decision of Mr Commissioner Edward Jacobs of the Child Support Commissioners of the 1st October 2003 and the decision of the Appeal Tribunal at Middlesbrough issued on 11th November 2002 all be set aside; that the case be remitted back to the Appeal Tribunal for any necessary adjustments to be made to the maintenance assessment; that there be no order for costs in the appeal to this House; and that costs below be paid in accordance with the Order of the Court of Appeal of 2 December 2004. [2006] UKHL 11
4. R (on the application of Gillan (FC) and another (FC)) (Appellants) v. Commissioner of Police for the Metropolis and another (Respondents)—It was moved by the Lord Bingham of Cornhill, That the 43rd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 29th July 2004 be affirmed and the appeals dismissed; and that the question of costs in this House be adjourned in order that the parties may make written submissions within 14 days. [2006] UKHL 12
5. Preston and others v. Wolverhampton Healthcare NHS Trust and others (No. 3) (formerly Powerhouse Retail Limited and others (Respondents) v. Burroughs and others (Appellants))—It was moved by the Lord Hope of Craighead, That the 44th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 7th October 2004 be affirmed and the appeal dismissed; that the appellants do pay the costs of the respondents in this House, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties; and that there be no order for the costs in this House of the intervener. [2006] UKHL 13
6. Lonsdale (t/a Lonsdale Agencies) (Petitioner) v. Howard & Hallam Limited (Respondents)—The petition of Graham Robert Allan Lonsdale praying for leave to appeal was presented and referred to an Appeal Committee.
7. R (on the application of AN) (Petitioner) v. Mental Health Review Tribunal (Northern Region) and another (Respondents)—The petition of AN praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
8. Stack (Appellant) v. Dowden (Respondent)—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 20th March (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 6th March).
9. Appeal Committee—The 88th Report from the Appeal Committee was agreed to and the following Order was made—
Down and Lisburn Health and Social Services Trust (Respondents) v. H (AP) and another (AP) (Petitioners) (Northern Ireland)—That leave to appeal be given; and that the petition of appeal be lodged by 22nd March.
The House was adjourned during pleasure.The House was resumed.
Papers
10. Command Papers—The following papers, having been presented to the House by command of Her Majesty, were ordered to lie on the Table:
1. Corporate Manslaughter Bill, Draft—Government Reply to the First Joint Report of the House of Commons Home Affairs And Work And Pensions Committees on the Draft Corporate Manslaughter Bill; (6755)
2. Pollution—Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants; (6757)
3. Health—Government Response to the Report of the House of Commons Health Committee on Changes to Primary Care Trusts. (6760)
11. Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:
Draft Planning Reform (Northern Ireland) Order 2006, laid under the Northern Ireland Act 2000, together with an Explanatory Memorandum.
12. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Local Authorities (Capital Finance and Accounting) (Amendment) (England) Regulations 2006, laid under the Local Government Act 2003; (521)
2. Highways Act 1980 (Gating Orders) (England) Regulations 2006, laid under the Highways Act 1980; (537)
3. Social Security (Claims and Payments) Amendment Regulations 2006, laid under the Social Security Administration Act 1992; (551)
4. National Health Service (Local Pharmaceutical Services etc.) Regulations 2006, laid under the National Health Service Act 1977; (552)
5. Occupational Pension Schemes (Fraud Compensation Levy) Regulations 2006, laid under the Pensions Act 1995; (558)
6. Measuring Instruments (EEC Requirements) (Fees) (Amendments) Regulations 2006, laid under the Finance Act 1973; (604)
7. Communications (Television Licensing) (Amendment) Regulations 2006, laid under the Wireless Telegraphy Act 1967; (619)
8. Insolvent Partnerships (Amendment) Order 2006, laid under the Insolvency Act 1986; (622)
9. Local Government (General Grant) (Amendment) Regulations (Northern Ireland) 2006, laid under the Northern Ireland Act 2000. (—)
13. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Ninth Report of the Independent Monitoring Commission, laid under the Northern Ireland (Monitoring Commission etc) Act 2003;
2. Civil List Pensions for 2004-05, laid under the Civil List Act 1972.
Select Committee Reports
14. Statutory Instruments—The 20th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:
Draft Cross-Border Insolvency Regulations 2006;
Draft Information Sharing Index (England) Regulations 2006;
Draft Management of Offenders etc. (Scotland) Act 2005 (Consequential Modifications) Order 2006;
Draft Northern Ireland Act 2000 (Modification) Order 2006;
Draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2006;
Draft Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006;
Draft Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006;
Draft Social Security (Reduced Rates of Class 1 Contributions, Rebates and Minimum Contributions) Order 2006;
Draft Terrorism Act 2000 (Revised Code of Practice for the Identification of Persons by Police Officers) (Northern Ireland) Order 2006;
Draft Water Environment and Water Services (Scotland) Act 2003 (Consequential Provisions and Modifications) Order 2006;
it was ordered that the Report be printed. (HL Paper 139)
15. Delegated Powers and Regulatory Reform—The following Report from the Select Committee was made and ordered to be printed:
16th Report, on the following bills:
Company Law Reform Bill [HL]—Government response;
Compensation Bill [HL]—Government response. (HL Paper 140)
16. Constitution Committee—The following Reports from the Select Committee were made and ordered to be printed:
7th Report, on the Constitutional aspects of the challenge to the Hunting Act 2004, Session 2005-06; (HL Paper 141) 8th Report, on the Government of Wales Bill, Session 2005-06. (HL Paper 142)Private Business
17. London Local Authorities Bill [HL]—The petition against the bill from Maples Teesdale (No. 15) was withdrawn.
Public Business
18. Natural Environment and Rural Communities Bill—It was moved by the Lord Grocott, on behalf of the Lord Bach, that the amendments for the Report stage be marshalled and considered in the following order:
Clause 1
Schedule 1
Clauses 2 to 17
Schedule 2
Clauses 18 to 28
Schedule 3
Clauses 29 to 31
Schedule 4
Clauses 32 to 51
Schedule 5
Clause 52
Schedule 6 | Clauses 53 to 78
Schedule 7
Clauses 79 to 85
Schedule 8
Clauses 86 and 87
Schedule 9
Clause 88
Schedule 10
Clauses 89 to 103
Schedules 11 and 12
Clauses 104 to 107; |
the motion was agreed to.19. Council Tax (New Valuation Lists for England) Bill—The bill was read a third time; an amendment was disagreed to (see division list 1); the bill was passed.
1. 20. Merchant Shipping (Pollution) Bill [HL]—The bill was returned from the Commons agreed to with a privilege amendment; the amendment was considered and agreed to.
21. Civil Aviation Bill—The report was received; amendments were agreed to (see division lists 2 and 3); further amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; amendments were disagreed to (see division lists 4 and 5); further consideration on report was adjourned.
22. Secure Training Centres—The Baroness Linklater of Butterstone asked Her Majesty’s Government what is the role and purpose of Secure Training Centres in the appropriate management and rehabilitation of young people in trouble; after debate, the question was answered by the Lord Bassam of Brighton.
The House was adjourned during pleasure.The House was resumed.
23. Civil Aviation Bill—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; it was ordered that the bill be printed as amended. (HL Bill 84)
The House was adjourned at seventeen minutes past ten o’clock
till tomorrow, eleven o’clock.
PAUL HAYTER
Clerk of the Parliaments
CORRECTION
In Division No. 1 on 7th March, the number of Lords voting Content should have been recorded as 55. | 
Subscribe to Email Alerts for this page
