House of Lords

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

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Tuesday 10th October 2006

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

PRAYERS were read by the Lord Bishop of Coventry.

1.  Lord Dear—Sir Geoffrey James Dear, Knight, having been created Baron Dear, of Willersey in the County of Gloucestershire, for life by Letters Patent dated in the afternoon of 15th June 2006, was introduced between the Lord Armstrong of Ilminster and the Lord Dholakia, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

2.  Baroness Meacher—Molly Christine Meacher (The Lady Layard), having been created Baroness Meacher, of Spitalfields in the London Borough of Tower Hamlets, for life by Letters Patent dated in the afternoon of 16th June 2006, was introduced between the Lord Stevens of Kirkwhelpington and the Baroness Shephard of Northwold, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and subscribed the solemn affirmation pursuant to statute.

Judicial Business

3.  C (FC) (Petitioner) v. Middlesbrough Council (Respondents)—The petition of C praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 22nd September).

4.  Jolghazi and another (Petitioners) v. Ali and others (Respondents)—The petition of Mahmoud Jolghazi and Zahra Beigom Mojabi praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

5.  Ashley and another (Respondents) v. Chief Constable of Sussex Police (Petitioner)—The petition of Christopher Sherwood praying for leave to intervene in the said petition for leave to appeal was presented and referred to an Appeal Committee.

6.  Beggs (AP) (Respondent) v. Scottish Ministers (Appellants) (Scotland)—The petition of the Advocate General for Scotland praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.

7.  Myatt and others (Petitioners) v. National Coal Board (Respondents)—The petition of the Law Society of England and Wales praying for leave to intervene in the said petition for leave to appeal was presented and referred to an Appeal Committee.

8.  Fleming (t/a Bodycraft) (Respondent) v. Her Majesty’s Revenue and Customs (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee.

9.  Whaley and another (Appellant) v. Advocate General for Scotland and another and others (Respondents) (Scotland)—The appeal was set down for hearing and referred to an Appellate Committee.

10.  Saber (AP) (Appellant) v. Secretary of State for the Home Department (Respondent) (Scotland)—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 22nd November (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

11.  Principal and Fellows of Newnham College in the University of Cambridge (Respondents) v. Her Majesty’s Revenue and Customs (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 10th November (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

12.  Appeal Committee—The 127th Report from the Appeal Committee was agreed to and the following Orders were made—

R v. Carmona (Petitioner)—That the respondent be invited to lodge objections by 24th October.

R (on the application of TP (FC) (a child by his litigation friend)) (Petitioner) v. West London Youth Court (Respondents)—That leave to appeal be refused and that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999.

R v. Davis (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 24th October.

13.  Appeal Committee—The 128th Report from the Appeal Committee was agreed to and the following Orders were made—

Noble and another (Petitioners) v. British Airways plc (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

In re B and O (children)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

R (on the application of Conville) (FC) (Respondent) v. London Borough of Richmond upon Thames (Petitioners)—That leave to appeal be refused; that the costs of the respondent be taxed in accordance with the Access to Justice Act 1999; and that the respondent be at liberty to apply for her costs in accordance with direction 5.1(b); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Ali (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and that the respondent be at liberty to apply for his costs in accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Papers

14.  Command Paper—The following paper, having been presented to the House by command of Her Majesty, was ordered to lie on the Table:

Broadcasting—Royal Charter for the continuance of the British Broadcasting Corporation.    (6925)

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

1.  Social Fund Cold Weather Payments (General) Amendment Regulations 2006, laid under the Social Security Contributions and Benefits Act 1992;    (2655)

2.  Local Probation Boards (Appointment and Miscellaneous Provisions) (Amendment) Regulations 2006, laid under the Criminal Justice and Court Services Act 2000;    (2664)

3.    (i)  Lebanon (Technical Assistance, Financing and Financial Assistance) (Penalties and Licences) Regulations 2006—    (2681)

(ii)  Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance) (Penalties and Licences) Regulations 2006—  (2682)

laid under the European Communities Act 1972;

4.  Export Control (Lebanon, etc.) Order 2006, laid under the Export Control Act 2002;    (2683)

5.  Child Trust Funds (Amendment No. 2) Regulations 2006, laid under the Child Trust Funds Act 2004;    (2684)

6.  Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006, laid under the Housing (Northern Ireland) Order 1981.    (—)

16.  Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

Statement by the Department of Transport on Pension determination for current and former Civil Aviation Authority Board Members, laid under the Civil Aviation Act 1982.

Select Committee Reports

17.  Economic Affairs—The 7th Report from the Select Committee, on the Government Response to the Management of Risk, was made and ordered to be printed. (HL Paper 249)

18.  Merits of Statutory Instruments—The following Report from the Select Committee was made and ordered to be printed:

44th Report, on the following negative instruments:

Medicines for Human Use (National Rules for Homoeopathic Products) Regulations 2006;

Education (Pupil Exclusions and Appeals) (Miscellaneous Amendments) (England) Regulations 2006;

Environmental Noise (England) Regulations 2006;

Town and Country Planning (General Development Procedure) (Amendment) (No. 2) (England) Order 2006;

Education (Nutritional Standards for School Lunches) (England) Regulations 2006. (HL Paper 250)

Public Business

19.  Violent Crime Reduction Bill—It was moved by the Lord Bassam of Brighton, on behalf of the Baroness Scotland of Asthal, that the amendments for the Report stage be marshalled and considered in the following order:

Clauses 1 to 45 Schedule 1 Clauses 46 and 47 Schedule 2 Clause 48 Schedule 3

Clauses 49 and 50 Schedule 4 Clauses 51 to 60 Schedule 5 Clause 61;

the motion was agreed to.

20.  Police and Justice Bill—The bill was further considered on report; amendments were agreed to (see division lists 1 and 2); amendments were moved and (by leave of the House) withdrawn; an amendment was agreed to; further consideration on report was adjourned.

21.  Road Safety Bill [HL]—The bill was returned from the Commons agreed to with amendments and with a privilege amendment; it was ordered that the Commons amendments be printed. (HL Bill 150)

22.  Afghanistan—The Lord Garden asked Her Majesty’s Government what further assistance they are providing for the reconstruction and security of Afghanistan; after debate, the question was answered by the Baroness Royall of Blaisdon.

23.  Police and Justice 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 151)

The House was adjourned at twelve minutes past eleven o’clock till tomorrow, a quarter before ten o’clock for judicial business,three o’clock for public business.

PAUL HAYTER

  Clerk of the Parliaments

CORRECTION

In yesterday’s Minute of Proceedings the following instrument, which was included as a Negative Instrument in item 80 (Statutory Instruments (Standing Order 71)), should have appeared as an Affirmative Instrument in that item:

Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2006, laid under the Financial Services and Markets Act 2000. (13th September)  (2383)

 
 
 

 

© Parliamentary copyright 2006	Prepared: 11 october 2006