HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Wednesday 19th July 2006
The House met at a quarter before ten o’clock.
PRAYERS were read by the Lord Bishop of Leicester.
Judicial Business
1. Inntrepreneur Pub Company (CPC) and others (Original Appellants and Cross-Respondents) v. Crehan (Original Respondent and Cross-Appellant)--It was moved by the Lord Bingham of Cornhill that the 70th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed and the cross appeal dismissed; that the Order of the Court of Appeal of 21st May 2004 be set aside and the Order of Mr Justice Park in the High Court of Justice Chancery Division of 26th June 2003 restored; and that the question of costs in the Court of Appeal and in this House be adjourned in order that the parties may make written submissions within 14 days. [2006] UKHL 38
2. R v. Coutts (Appellant) (On appeal from the Court of Appeal Criminal Division)—It was moved by the Lord Bingham of Cornhill that the 71st 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 first Order of the Court of Appeal Criminal Division of 21st January 2005, being the order appealed against, be set aside; that the cause be remitted to the Court of Appeal Criminal Division for reconsideration in light of the opinions expressed in this House; and that the questions certified by the Court of Appeal Criminal Division and set out in the second Order of that court of 21st January 2005 be answered in accordance with the opinions expressed in this House. [2006] UKHL 39
3. Director of Public Prosecutions (Appellant) v. Collins (Respondent)—It was moved by the Lord Bingham of Cornhill that the 72nd 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 High Court of Justice Queen’s Bench Division of 23rd June 2005 and also the adjudication of the Magistrates’ Court sitting at Pocklingtons Walk, Leicester, on 4th October 2004 be set aside; that there be no order to remit the cause to the said Magistrates’ Court; that the certified question set out in the Order of the High Court of Justice Queen’s Bench Division of 28th July 2005 be answered in accordance with the opinions expressed in this House; and that the costs of the respondent incurred in this House and below be paid out of central funds in accordance with section 16 of the Prosecution of Offences Act 1985. [2006] UKHL 40
4. Rothwell (Original Petitioner and Cross-respondent) v. Chemical and Insulating Company Limited and others (Original Respondents and Cross-petitioners)—The petition of Chemical and Insulating Company Limited and W B Industrial Limited praying for leave to cross-appeal was presented and referred to an Appeal Committee.
5. Johnston (Original Petitioner and Cross-respondent) v. NEI International Combustion Limited (Original Respondents and Cross-petitioners)—The petition of NEI International Combustion Limited praying for leave to cross-appeal was presented and referred to an Appeal Committee.
6. Topping (Original Petitioner and Cross-respondent) v. Benchtown Limited (formerly Jones Bros. Preston Limited) (Original Respondents and Cross-petitioners)—The petition of Benchtown Limited (formerly Jones Bros. Preston Limited) praying for leave to cross-appeal was presented and referred to an Appeal Committee.
The House was adjourned during pleasure.The House was resumed.
7. Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:
Statement of Changes in Immigration Rules, laid under the Immigration Act 1971. (—)
8. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Second Report on the Secretary of State’s functions under the Communications Act 2003, laid under that Act;
2. (i) Report and Accounts for 2005-06 of the Natural Environment Research Council—
(ii) Report and Accounts for 2005-06 of the Particle Physics and Astronomy Research Council—
(iii) Report and Accounts for 2005-06 of the Economic and Social Research Council—
(iv) Report and Accounts for 2005-06 of the Engineering and Physical Sciences Research Council—
laid under the Science and Technology Act 1965;
3. Report and Accounts for 2005-06 of the Exchange Equalisation Account, laid under the Exchange Equalisation Account Act 1979;
4. Report for 2005-06 of the Charity Commissioners for England and Wales, laid under the Charities Act 1993;
5. Report and Accounts for 2005-06 of the Disability Rights Commission, laid under the Disability Rights Commission Act 1999;
6. Report and Accounts for 2005-06 of the Criminal Cases Review Commission, laid under the Criminal Appeal Act 1995;
7. Accounts for 2005-06 of the Greenwich Hospital and Travers Foundation, laid under the Armed Forces Act 1976;
8. (i) Report and Accounts for 2005-06 of NHS Direct—
(ii) Report and Accounts for the period 1st July 2005 to 31st March 2006 of the NHS Institute for Innovation and Improvement—
(iii) Report and Accounts for 2005-06 of the NHS Logistics Authority—
(iv) Report and Accounts for 2005-06 of the NHS Business Services Authority—
(v) Report and Accounts for 2005-06 of NHS Professionals—
(vi) Report and Accounts for the period 1st October 2005 to 31st March 2006 of NHS Blood and Transplant—
(vii) Report and Accounts for 2005-06 of the Mental Health Act Commission—
(viii) Report and Accounts for 2005-06 of the Dental Vocational Training Authority—
(ix) Report and Accounts for 2005-06 of the NHS Appointments Commission—
(x) Report and Accounts for 2005-06 of the National Treatment Agency for Substance Misuse—
(xi) Report and Accounts for 2005-06 of the Dental Practice Board—
(xii) Report and Accounts for the period 1st April to 31st July 2005 of NHSU—
(xiii) Report and Accounts for 2005-06 of the National Institute for Health and Clinical Excellence—
laid under the National Health Service Act 1977;
9. Report and Accounts for 2005-06 of the Countryside Agency, together with the Report of the Comptroller and Auditor General, laid under the Wildlife and Countryside Act 1981;
10. (i) Report and Accounts for the period 1st April to 4th December 2005 of the Forensic Science Service Trading Fund, together with the Report of the Comptroller and Auditor General—
(ii) Report and Accounts for 2005-06 of the Driver and Vehicle Licensing Agency, together with the Report of the Comptroller and Auditor General—
laid under the Government Trading Funds Act 1973;
11. Report and Accounts for 2005-06 of the Valuation Tribunal Service, together with the Report of the Comptroller and Auditor General, laid under the Local Government Act 2003;
12. Report and Accounts for 2005-06 of the National Criminal Intelligence Service, together with the Report of the Comptroller and Auditor General, laid under the Police Act 1997;
13. Report for 2005-06 of the Council on Tribunals, laid under the Tribunals and Inquiries Act 1992;
14. Report and Accounts for 2005-06 of the Police Ombudsman for Northern Ireland, laid under the Police (Northern Ireland) Act 1998;
15. (i) Report and Accounts for 2005-06 of the Forest Service—
(ii) Report and Accounts for 2005-06 of Driver and Vehicle Licensing Northern Ireland—
(iii) Report and Accounts for 2005-06 of the Northern Ireland Statistics and Research Agency—
laid under the Northern Ireland Act 2000;
16. Report and Accounts for 2005-06 of the Duchy of Lancaster, laid under the Duchy of Cornwall and Duchy of Lancaster Act 1838;
17. (i) Report and Accounts for 2005-06 of the Millennium Commission—
(ii) Report and Accounts for 2005-06 of the Heritage Lottery Fund and National Heritage Memorial Fund Lottery Distribution—
laid under the National Lottery etc. Act 1993;
18. Report and Accounts for 2005-06 of the National Heritage Memorial Fund, laid under the National Heritage Act 1980;
19. Report and Accounts for 2005-06 of the National Museum of Science and Industry, laid under the Museums and Galleries Act 1992;
20. Report and Accounts for 2005-06 of the Public Lending Right Scheme, laid under the Public Lending Right Act 1979;
21. Report and Accounts for 2005-06 of VisitBritain, laid under the Development of Tourism Act 1969.
Select Committee Report
9. Statutory Instruments—The 34th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:
Draft Social Security (Graduated Retirement Benefit) (Consequential Provisions) Order 2006;
Draft Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006;
Draft Terrorism Act (Proscribed Organisations) (Amendment) Order 2006;
it was ordered that the Report be printed. (HL Paper 235)
10. Constitution Committee—The 15th Report from the Select Committee, Waging war: Parliament’s role and responsibility, was made and ordered to be printed. (HL Paper 236)
Public Business
11. Royal Assent—The Lord Speaker (Baroness Hayman) notified the Queen’s Assent to the following Acts:
| Appropriation (No. 2) Act | c. | 24 |
| Finance Act | c. | 25 |
| Commons Act | c. | 26 |
| Housing Corporation (Delegation) etc. Act | c. | 27 |
| Health Act | c. | 28 |
12. Constitution Committee—It was moved by the Chairman of Committees that the Lord Morris of Aberavon be appointed a member of the Select Committee in the place of the Baroness Hayman; the motion was agreed to.
13. Liaison Committee—It was moved by the Chairman of Committees that the Lord Richard be appointed a member of the Select Committee in the place of the Baroness Hayman; the motion was agreed to.
1. 14. Government of Wales Bill—The bill was returned from the Commons with certain amendments disagreed to with reasons for such disagreement, with other amendments disagreed to but with amendments proposed in lieu thereof and with the remaining amendments agreed to; the Commons amendments and reasons were ordered to be printed. (HL Bill 145)
15. Northern Ireland (Miscellaneous Provisions) Bill—The bill was read a third time; an amendment was disagreed to (see division list); then the bill was passed and returned to the Commons with amendments.
16. Compensation Bill [HL]—The Commons amendments were considered; an amendment to a Commons amendment was moved and (by leave of the House) withdrawn and the Commons amendment was agreed to; the remaining Commons amendments were agreed to and with a privilege amendment.
17. Legislative and Regulatory Reform Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the question that a clause stand part of the bill was disagreed to; the House was resumed and the bill was reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 146)
The House was adjourned at twenty-five minutes before eleven o’clock till tomorrow, eleven o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
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