House of Lords

Session 2005 - 06 Publications on the internet Minutes and Order Papers

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Monday 24th April 2006

The House met at half-past two o’clock.

PRAYERS were read by the Lord Bishop of Sheffield.

Judicial Business

1.  Carter (sued on his own on behalf of the other members of the Labour Party) (Respondent) v. Ahsan (Appellant) (England)—The appeal of Raghib Ahsan was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 5th June (lodged 31st March).

2.  Jones (Respondent) v. Garnett (Her Majesty’s Inspector of Taxes) (Appellant) (England)—The appeal of Michael Vincent Garnett was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 5th June (lodged 31st March).

3.  R (on the application of B (FC)) (Petitioner) v. Dr. SS (Responsible Medical Officer, Broadmoor Hospital) and another and another (Respondent)—The petition of B praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 17th March).

4.  Boake Allen Limited and others (Petitioners) v. Her Majesty’s Revenue and Customs (Respondents)—The petition of Boake Allen Limited, Bush Boake Allen Enterprises Limited, Bush Boake Allen Holdings UK Limited, Bush Boake Allen Inc, Acushnet Limited, Acushnet International Inc, NEC Semiconductors Limited, NEC Corporation and Gallaher Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 23rd March).

5.  R (on the application of Abdi (FC)) (Petitioner) v. Secretary of State for the Home Department (Respondent)—The petition of Sadia Abdi praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 31st March).

6.  IDA Limited (Respondents) and others v. University of Southampton and others (Petitioners)—The petition of the University of Southampton, Philip Edwin Howse and Roger Edward Ashby praying for leave to appeal was presented and referred to an Appeal Committee (lodged 31st March).

7.  Best (FC) (Petitioner) v. Hesketh (Respondent)—The petition of Kenneth Montgomery James Best praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 12th April).

8.  El Ajou (Respondent) v. Stern and others (Petitioners) and others—The petition of William George Stern, Dollarland (Manhattan) Limited and Remile Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 13th April).

9.  Bradford (Respondent) v. T (FC) (a child by his father and litigation friend) (Petitioner)—The petition of T praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 21st April).

10.  Smith (Respondent) v. Kvaerner Cementation Foundations Limited (Petitioners)—The petition of Kvaerner Cementation Foundations Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 21st April).

11.  Principal and Fellows of Newnham College in the University of Cambridge (Respondents) v. Her Majesty’s Revenue and Customs (Petitioners)—The petition of Her Majesty’s Revenue and Customs praying for leave to appeal was presented and referred to an Appeal Committee (lodged 21st April).

12.  Robinson (Petitioner) v. Child Support Agency (Respondents)—The petition of Timothy David Robinson praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee (lodged 5th April).

13.  Johnson (Petitioner) v. Perot Systems Europe Limited and another (Respondents)—The petition of Michael Leo Johnson praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee (lodged 6th April).

14.  Norris (Petitioner) v. Secretary of State for the Home Department (Respondent)—The petition of Ian Norris praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.

15.  R v. Carmona (Petitioner)—The petition of Nelson Carmona praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 4th April).

16.  In re Mariotti (Petitioner) (application for a writ of Habeas Corpus)—The petition of Enrico Mariotti praying for leave to appeal in accordance with the Extradition Act 1989 was presented and referred to an Appeal Committee (lodged 3rd April).

17.  Welsh and another (Petitioners) v. Government of the United States of America and another (Respondent)—The petition of Howard Welsh and Lee Hope Thrasher praying for leave to appeal in accordance with the Extradition Act 2003 was presented and referred to an Appeal Committee.

18.  Down and Lisburn Health and Social Services Trust (Respondents) v. H (AP) and another (AP) (Appellants) (Northern Ireland)—The appeal was set down for hearing and referred to an Appellate Committee.

19.  Kashmiri (FC) (Appellant) v. Secretary of State for the Home Department (Respondent)—

20.  Huang (FC) (Respondent) v. Secretary of State for the Home Department (Appellant)—

(Conjoined Appeals)—

The appeal was set down for hearing and referred to an Appellate Committee (lodged 21st April)

21.  Beoku-Betts (FC) (Appellant) v. Secretary of State for the Home Department (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 15th May (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 31st March).

22.  Crown Prosecution Service (Respondents) v. Jennings (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 17th April (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 3rd April).

23.  Hamilton and others (Appellants) v. Allied Domecq plc (Respondents) (Scotland)—The 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 1st May (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 3rd April).

24.  Masri (Respondent) v. Consolidated Contractors International (UK) Limited and others (Appellants)—The 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 29th May (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

25.  Wilson (Respondent) v. Jaymarke Estates Limited and another (Appellants) (Scotland)—The 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 22nd May (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 10th April).

26.  Moncrieff (AP) and another (AP) (Respondents) v. Jamieson and others (Appellants) (Scotland)—The 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 1st June (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 21st April).

27.  Al-Skeini and others (Respondents) v. Secretary of State for Defence (Appellant)—

28.  Al-Skeini and others (Appellants) v. Secretary of State for Defence (Respondent)—

The petition of the appellants in the second appeal praying that the appeals be consolidated; that they be allowed to lodge one statement, one case and one appendix in respect of the two appeals and that the respondent in the second appeal be allowed to lodge one case in respect of the two appeals (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

29.  Whaley and another (Appellant) v. Advocate General for Scotland and another and others (Respondents) (Scotland)—The petition of the appellant praying that the appeal be rendered effective notwithstanding the appellant’s bankruptcy was presented and referred to an Appeal Committee.

30.  Appeal Committee—The following Order was made pursuant to the 78th Report:

Douglas and another and others (Original Petitioners and Cross-respondents) v. Hello! Limited and others (Original Respondents and Cross-petitioners)—That leave to cross-appeal be refused.

Papers

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

1.  Patents—Patent Law Treaty (PLT);    (6779)

2.  Foreign and Commonwealth Office—Departmental Minute concerning Contingent Liability in Iraq.    (—)

32.  Statutory Instruments (Standing Order 71)—The following negative instruments, having been laid before the House on 21st April, were ordered to lie on the Table:

1.  Smoking, Health and Social Care (Scotland) Act 2005 and the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Consequential Provisions) (Scotland) Order 2006, laid under the Scotland Act 1998;    (1115)

2.  Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006, laid under the Criminal Justice Act 1988.    (1116)

33.  Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:

1.  Draft Social Security (Income Support and Jobseeker’s Allowance) Amendment Regulations 2006, laid under the Jobseekers Act 1995, together with an Explanatory Memorandum;

2.  Draft Private Tenancies (Northern Ireland) Order 2006, laid under the Northern Ireland Act 2000, together with an Explanatory Memorandum;

3.  Draft National Assembly for Wales (Transfer of Functions) Order 2006, laid under the Government of Wales Act 1998, together with an Explanatory Memorandum.

34.  Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:

Smoke Control Areas (Exempted Fireplaces) (England) Order 2006, laid under the Clean Air Act 1993.    (1152)

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

1.  Accounts for 2004-05 of the Grants and Loans to the Housing Action Trusts, together with the Report of the Comptroller and Auditor General, laid under the Housing Act 1988;

2.  Accounts for 2004-05 of the Northern Ireland Land Purchase, together with the Report of the Comptroller and Auditor General, laid under the Northern Ireland Land Purchase (Winding Up) Act 1935;

3.  Report and Accounts for 2005 of the Channel Four Corporation, laid under the Broadcasting Act 1990.

Public Business

36.  Animal Welfare Bill—It was moved by the Baroness Farrington of Ribbleton, on behalf of the Lord Bach, that the bill be committed to a Grand Committee; the motion was agreed to.

37.  Procedure of the House—It was moved by the Chairman of Committees that the 3rd Report from the Select Committee be agreed to; after debate, the motion was agreed to.

1.  38.  National Lottery Bill—The report was received; an amendment was agreed to (see division list); amendments were moved and (by leave of the House) withdrawn; it was ordered that the bill be printed as amended. (HL Bill 97)

39.  Bananas—The Viscount Montgomery of Alamein asked Her Majesty’s Government whether the new European regime for the import of bananas is in the best interests of the United Kingdom; after debate, the question was answered by the Lord Bach.

The House was adjourned at twenty-five minutes before seven o’clock till tomorrow, half-past two o’clock.

PAUL HAYTER

  Clerk of the Parliaments

APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

The Committee met at half-past three o’clock.

Health Bill—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after amendment 25.

The Committee was adjourned at twenty-five minutes before eight o’clock.