HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Wednesday 29th March 2006

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

PRAYERS were read by the Lord Bishop of St Edmundsbury and Ipswich.

Judicial Business

1.  R v. Jones (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R v. J (Appellant))—

2.  R v. Milling (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R v. M (Appellant))—

3.  R v. Olditch (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R v. O (Appellant))—

4.  R v. Pritchard (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R v. P (Appellant))—

5.  R v. Richards (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (formerly R v. R (Appellant))—

(Conjoined Appeals)—

6.  Ayliffe and others (Appellants) v. Director of Public Prosecutions (Respondent) (Criminal Appeal from Her Majesty’s High Court of Justice)—

7.  Swain (Appellant) v. Director of Public Prosecutions (Respondent) (Criminal Appeal from Her Majesty’s High Court of Justice)—

It was moved by the Lord Bingham of Cornhill, That the 47th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that all seven appeals be dismissed, and that the questions of law of general public importance certified by the Court of Appeal (Criminal Division) on 21st July 2004 in respect of Jones, Milling, Olditch, Pritchard and Richards and also the questions of law of general public importance certified by the High Court of Justice Queen’s Bench Division Divisional Court on 21st April 2005 in respect of Ayliffe and others and Swain be answered in accordance with the opinions expressed in this House. [2006] UKHL 16

8.  Watkins (Respondent) v. Home Office (Appellants) and others—It was moved by the Lord Bingham of Cornhill, That the 48th 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 20th July 2004 be set aside save as to costs and the Order of His Honour Judge Ibbotson sitting in the County Court at Leeds of 10th July 2003 restored; and that, in accordance with the Order of the Court of Appeal of 20th July 2004, the appellants do pay to the respondent his costs in the Court of Appeal, the amount of such costs to be determined by a Costs Judge, and also his costs in this House, the amount of such costs to be certified by the Clerk of the Parliaments if not agreed between the parties. [2006] UKHL 17

9.  R v. Holding (Respondent) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of the Crown Prosecution Service was presented and ordered to be prosecuted subject to the procedures applicable thereto.

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.  Health—Government response to the First Report of the House of Commons Health Committee on Smoking in Public Places;    (6769)

2.  Defence—Report by the Ministry of Defence: The Deepcut Review: a review of the deaths of four soldiers at Princess Royal Barracks, Deepcut, between 1995 and 2002.    (—)

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

1.  Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006, laid under the Local Government Act 2000;  (886)

2.  Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006, laid under the Social Security Administration Act 1992;  (909)

3.  European Parliamentary (United Kingdom Representatives) Pensions (Amendment) Order 2006, laid under the European Parliament (Pay and Pensions) Act 1979;  (919)

4.  Parliamentary Pensions (Amendment) Regulations 2006, laid under the Parliamentary and other Pensions Act 1987.  (920)

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

1.  Statement of Guarantee in respect of temporary borrowing by the Civil Aviation Authority, laid under the Civil Aviation Act 1982;

2.  Report for 2004-05 of the Healthcare Commission relating to the independent healthcare sector in England, laid under the Health and Social Care (Community Health and Standards) Act 2003;

3.  Plan for 2006-07 of The Office of Fair Trading, laid under the Enterprise Act 2002.

Select Committee Reports

13.  Statutory Instruments—The 23rd Report from the Joint Committee was made on certain statutory instruments; it was ordered that the Report be printed. (HL Paper 159)

14.  Delegated Powers and Regulatory Reform—The following Report from the Select Committee was made and ordered to be printed:

17th Report, on the following bills:

Government of Wales Bill;

Childcare Bill;

Safeguarding Vulnerable Groups Bill [HL];

Violent Crime Reduction Bill—Government response; and

on the following proposal under the Regulatory Reform Act 2001:

Proposal for the draft Regulatory Reform (Registered Designs) Order 2006.(HL Paper 160)

15.  Science and Technology—The 7th Report from the Select Committee, Energy: Meeting with Malcolm Wicks MP, was made and ordered to be printed. (HL Paper 161)

Private Business

16.  London Local Authorities Bill [HL]—The Baroness McIntosh of Hudnall, Chairman of the Select Committee, reported that, pursuant to Private Business Standing Order 108 (Adjournment of committee on opposed bill), the Committee had adjourned over Wednesday 29th March for the convenience of all parties.

Public Business

17.  Police (Northern Ireland) Bill [HL]—The order of commitment was discharged.

18.  Northern Ireland Act 2000 (Modification) Order 2006—It was moved by the Lord Rooker that the draft Order laid before the House on 27th February be approved; the motion was agreed to.

1.  19.  Government of Wales Bill—It was moved by the Lord Davies of Oldham, on behalf of the Lord Evans of Temple Guiting, that it be an instruction to the Committee of the Whole House to which the Government of Wales Bill has been committed that they consider the bill in the following order:

20.  Fraud Bill [HL]—The bill was read a third time; an amendment was moved and (by leave of the House) withdrawn; then the bill was passed and sent to the Commons.

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

21.  Identity Cards Bill—The bill was returned from the Commons with certain amendments disagreed to with reasons for such disagreement; the Commons reasons were considered forthwith; it was moved that this House do not insist on its Amendments 22J and 22K to which the Commons have disagreed for their Reasons 22JA and 22L; then it was moved, as an amendment thereto, at end to insert “but do propose Amendments 22M, 22N and 22O in lieu”; after debate, the amendment was agreed to (see division list 1); then the original motion, as amended, was agreed to (see division list 2); the bill was returned to the Commons with amendments.

22.  Violent Crime Reduction Bill—It was moved by the Baroness Scotland of Asthal 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.

23.  Immigration, Asylum and Nationality Bill—The bill was returned from the Commons with the amendments agreed to.

The House was adjourned at twenty-three minutes before nine o’clock

till tomorrow, eleven o’clock.

PAUL HAYTER

  Clerk of the Parliaments