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Minutes and Order Paper - Minutes of Proceedings

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HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Wednesday 22nd March 2006

The House met at a quarter before ten o’clock.

PRAYERS were read by the Lord Bishop of Chelmsford.

1.  Lord Ackner—The Lord Chancellor acquainted the House that Lord Ackner, a member of the House, had died on 21st March 2006.

2.  Leave of Absence—Leave of absence was granted to the Lord Chancellor for Friday 24th March.

Judicial Business

3.  Ali (FC) (Respondent) v. Headteacher and Governors of Lord Grey School (Appellants)—It was moved by the Lord Bingham of Cornhill, That the 45th 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 Orders of the Court of Appeal of 29th March 2004 and 21st May 2004 be set aside and the Order of Mr Justice Stanley Burnton in the High Court of Justice Queen’s Bench Division of 27th June 2003 restored; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2006] UKHL 14

4.  R (on the application of Begum (by her litigation friend, Rahman)) (Respondent) v. Headteacher and Governors of Denbigh High School (Appellants)—It was moved by the Lord Bingham of Cornhill, That the 46th 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 of 2nd March 2005 be set aside and the Order of Mr Justice Bennett in the High Court of Justice Queen’s Bench Division Administrative Court of 15th June 2004 restored; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2006] UKHL 15

5.  Seal (FC) (Appellant) v. Chief Constable of South Wales Police (Respondent) (England)—The appeal of Robert Edward Seal was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 3rd May. The appellant’s certificate of public funding was lodged.

6.  Down and Lisburn Health and Social Services Trust (Respondents) v. H (AP) and another (AP) (Appellants) (Northern Ireland)—The appeal of H and R was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 3rd May.

7.  EB (Respondent) v. BA (Petitioner)—The petition of BA praying for leave to appeal was presented and referred to an Appeal Committee.

8.  Cyganik (Petitioner) v. Agulian and others (Respondents)—The petition of Renata Cyganik praying for leave to appeal was presented and referred to an Appeal Committee.

9.  Appeal Committee—The following Order was made pursuant to the 87th Report:

    R v. Holding (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 5th April.

10.  Appeal Committee—The 93rd Report from the Appeal Committee was agreed to and the following Order was made—

    Jones (Respondent) v. Garnett (Her Majesty’s Inspector of Taxes) (Petitioner)—That leave to appeal be given on terms that the petitioner does not seek to disturb the orders for costs below and does not seek costs in this House; and that the petition of appeal be lodged by 5th April.

The House was adjourned during pleasure.The House was resumed.

Papers

11.  Command Papers—The following papers, having been presented to the House by command of Her Majesty, were ordered to lie on the Table:

    1.  Finance—Treasury Minutes on the Eighteenth to Twenty-first Reports from the Committee of Public Accounts;    (6766)

    2.  Budget—Budget 2006: A strong and strengthening economy: Investing in Britain’s future;    (—)

12.  Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

    Draft Local Government (Boundaries) (Northern Ireland) Order 2006, laid under the Northern Ireland Act 2000, together with an Explanatory Memorandum.

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

    1.  Children (Prescribed Orders—Northern Ireland, Guernsey and Isle of Man) Amendment Regulations 2006, laid under the Children Act 1989;    (837)

    2.    (i)  Products of Animal Origin (Third Country Imports) (England) (No. 4) (Amendment) Regulations 2006—    (844)

      (ii)  Salmonella in Broiler Flocks (Survey Powers) (England) Regulations 2006—  (864)

      laid under the European Communities Act 1972;

    3.  Social Security (Contributions) (Amendment No. 3) Regulations 2006, laid under the Social Security Contributions and Benefits Act 1992;    (883)

    4.  Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2006, laid under the Northern Ireland Act 2000.    (—)

14.  Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:

    1.  Report and Accounts for 2004-05 of the Council for Catholic Maintained Schools, laid under the Northern Ireland Act 2000;

    2.  Remit for the Monetary Policy Committee, laid under the Bank of England Act 1998.

Select Committee Reports

15.  Statutory Instruments—The 22nd Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instrument:

      Draft Terrorism Act 2000 (Revised Code of Practice for the Identification of Persons by Police Officers) (Northern Ireland) Order 2006;

    it was ordered that the Report be printed. (HL Paper 150)

16.  Constitution Committee—The 9th Report from the Select Committee, Third Progress Report 2005-06, was made and ordered to be printed. (HL Paper 151)

17.  House Committee—The First Report from the Select Committee was made and ordered to be printed. (HL Paper 152)

Private Business

18.  London Local Authorities Bill [HL]—The Baroness McIntosh of Hudnall, Chairman of the Select Committee, reported that the Lord Faulkner of Worcester was not present for part of Wednesday, 22nd March and that the Committee continued sitting in his absence, all parties having consented thereto.

Public Business

19.  Business of the House—It was moved by the Lord President (Baroness Amos) that Standing Order 47 (No two stages of a Bill to be taken on one day) be dispensed with on Tuesday 28th March to allow the Consolidated Fund (Appropriation) (No. 2) Bill to be taken through its remaining stages that day; the motion was agreed to.

20.  Terrorism Bill—The Commons amendments were considered; it was moved that this House do not insist on its Amendments 5, 11, 31 and 34 and do agree with the Commons Amendments 34B and 34D in lieu; then it was moved as an amendment thereto to leave out from “House” to end and to insert “do insist on its Amendment 31, do not insist on its Amendments 5, 11 and 34, but do disagree with the Commons Amendments 34B and 34D in lieu and do propose Amendments 34E to 34J in lieu, after debate, the amendment was disagreed to (see division list); then the original motion was agreed to.

21.  London Olympic Games and Paralympic Games Bill—The bill was returned from the Commons with the amendments agreed to.

22.  Identity Cards Bill—The bill was returned from the Commons with certain Commons amendments to which the Lords have disagreed not insisted on and with the Lords amendments disagreed to; the Commons reasons were ordered to be printed. (HL Bill 92)

23.  Government of Wales Bill—The Queen’s Consent was signified; then it was moved by the Lord Evans of Temple Guiting that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Committee of the Whole House.

24.  Cross-Border Insolvency Regulations 2006—The Grand Committee reported that it had considered the draft Regulations.

25.  Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2006—The Grand Committee reported that it had considered the draft Order.

26.  Renewables Obligation Order 2006—The Grand Committee reported that it had considered the draft Order.

27.  Communications Act 2003 (Maximum Penalty for Persistent Misuse of Network or Service) Order 2006—The Grand Committee reported that it had considered the draft Order.

28.  Northern Ireland Act 2000 (Modification) Order 2006—The Grand Committee reported that it had considered the draft Order.

29.  Bus industry—The Lord Bradshaw asked Her Majesty’s Government what proposals they have to stimulate the bus industry outside London; after debate, the question was answered by the Lord Davies of Oldham.

The House was adjourned at nineteen minutes past ten o’clock till tomorrow, eleven o’clock.

PAUL HAYTER

  Clerk of the Parliaments

APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

The Committee met at a quarter before four o’clock.

    Cross-Border Insolvency Regulations 2006—It was moved by the Lord McKenzie of Luton that the Grand Committee do consider the draft Cross-Border Insolvency Regulations 2006; after debate, the motion was agreed to.

    Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2006—It was moved by the Lord McKenzie of Luton that the Grand Committee do consider the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2006; after debate, the motion was agreed to.

    Renewables Obligation Order 2006—It was moved by the Lord McKenzie of Luton that the Grand Committee do consider the draft Renewables Obligation Order 2006; after debate, the motion was agreed to.

    Communications Act 2003 (Maximum Penalty for Persistent Misuse of Network or Service) Order 2006—It was moved by the Lord McKenzie of Luton that the Grand Committee do consider the draft Communications Act 2003 (Maximum Penalty for Persistent Misuse of Network or Service) Order 2006; after debate, the motion was agreed to.

    Northern Ireland Act 2000 (Modification) Order 2006—It was moved by the Lord Rooker that the Grand Committee do consider the draft Northern Ireland Act 2000 (Modification) Order 2006; after debate, the motion was agreed to.

    Working hours—The Lord Rosser asked Her Majesty’s Government what plans they have to address the long working hours culture; after debate, the question was answered by the Lord Sainsbury of Turville.

The Committee was adjourned at seventeen minutes before seven o’clock.

CORRECTION

In the Minutes of Proceedings of 20th March the following item, which was included in item 7 (Negative Instruments), should have appeared as an Instrument not subject to parliamentary proceedings:

Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, laid under the Social Security (Miscellaneous Provisions) Act 1977.  (606)

 
 
 
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Prepared: 23 march 2006