HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Wednesday 18th October 2006
The House met at a quarter before ten o’clock.
PRAYERS were read by the Lord Bishop of Newcastle.
Judicial Business
1. Secretary of State for the Home Department (Respondent) v. K (FC) (Appellant)—
2. Fornah (FC) (Appellant) v. Secretary of State for the Home Department (Respondent)—
It was moved by the Lord Bingham of Cornhill, That the 78th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged in the Appeal of K that the appeal be allowed; that the Order of the Court of Appeal of 28th July 2004 and also the determination of the Immigration Appeal Tribunal notified on 29th September 2003 be set aside; that the determination of the Adjudicator at Durham Magistrates Court promulgated on 16th October 2002 be restored; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days: and in the appeal of Fornah that the appeal be allowed; that the Order of the Court of Appeal of 22nd June 2005 and also the determination of the Immigration Appeal Tribunal notified on 5th August 2004 be set aside; that the determination of the Adjudicator in the Immigration Appellate Authority promulgated on 6th October 2003 be restored; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2006] UKHL 46
3. Tehrani (AP) (Appellant) v. Secretary of State for the Home Department (Respondent) (Scotland)—It was moved by the Lord Nicholls of Birkenhead, That the 79th 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 Interlocutor of an Extra Division of the Court of Session in Scotland of 27th April 2004 and also the Interlocutor of the Lord Ordinary of 3rd April 2003 be recalled and the respondent’s first plea-in-law repelled; that the Cause be remitted to the Lord Ordinary to proceed as accords; that the respondent do pay to the appellant his costs of the appeal in this House, the amount of such costs to be certified by the Clerk of the Parliaments if not agreed between the parties; that the appellant’s costs in this House be taxed in accordance with the Legal Aid (Scotland) Act 1986; and that the question of expenses in the Court of Session to date be remitted to the Court of Session for determination. [2006] UKHL 47
4. Appeal Committee—The 132nd Report from the Appeal Committee was agreed to and the following Orders were made—
Hameed (Respondent) v. Qayyum (Petitioner) and others—That leave to appeal be refused; that the respondent be at liberty to apply for his 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.
Phillips and others (suing as administrators of the estate of Christo Michailidis) (Petitioners) v. Symes and others (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 1st November.
McGrath and another (as joint liquidators of HIH Casualty and General Insurance Limited, FAI General Insurance Company Limited, World Marine and General Insurances Pty Limited and FAI Insurances Limited, appointed by the Supreme Court of New South Wales) (Petitioners) and others v. Riddell and others (Respondents) (as joint provisional liquidators of HIH Casualty and General Insurance Limited, FAI General Insurance Company Limited, World Marine and General Insurances Pty Limited and FAI Insurances Limited, appointed by the High Court of Justice of England and Wales)—That leave to appeal be given; and that the petition of appeal be lodged by 1st November.
McGrath and another (as joint liquidators of HIH Casualty and General Insurance Limited, FAI General Insurance Company Limited, World Marine and General Insurances Pty Limited and FAI Insurances Limited, appointed by the Supreme Court of New South Wales) and others (Petitioners) v. Riddell and others (Respondents) (as joint provisional liquidators of HIH Casualty and General Insurance Limited, FAI General Insurance Company Limited, World Marine and General Insurances Pty Limited and FAI Insurances Limited, appointed by the High Court of Justice of England and Wales)—That leave to appeal be given; and that the petition of appeal be lodged by 1st November.
Shinedean Limited (Petitioners) and others v. AXA Insurance Limited (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.
The House was adjourned during pleasure.The House was resumed.
Paper
5. Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:
Meat (Official Controls Charges) (England) Regulations 2006, laid under the European Communities Act 1972. (2705)
Select Committee Reports
6. Liaison—The 3rd Report from the Liaison Committee was made and ordered to be printed. (HL Paper 251)
7. Statutory Instruments—The 35th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:
Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2006;
Draft Big Lottery Fund (Prescribed Expenditure) Order 2006;
Draft Misuse of Drugs Act 1971 (Amendment) Order 2006;
Draft Non-Domestic Rating (Chargeable Amounts) (Amendment) (England) Regulations 2006;
Draft Treasure Act 1996 Code of Practice (Second Revision) England and Wales;
it was ordered that the Report be printed. (HL Paper 253)
8. Delegated Powers and Regulatory Reform—The following Report from the Select Committee was made and ordered to be printed:
25th Report, on the following bills:
Emergency Workers (Obstruction) Bill;
Life Peerages (Disclaimer) Bill [HL];
Armed Forces Bill—Government Response;
Legislative and Regulatory Reform Bill—Government Responses. (HL Paper 254)
9. Constitution Committee—The 16th Report from the Select Committee, Final Progress Report 2005-06, was made and ordered to be printed. (HL Paper 255)
Public Business
10. Police and Justice Bill—The bill was read a third time; amendments were moved and (by leave of the House) withdrawn; amendments were disagreed to (see division lists 1 and 2); amendments were agreed to; then the bill was passed and returned to the Commons with amendments.
11. Africa: population growth—The Lord Taverne asked Her Majesty’s Government what steps they are taking to contribute to the stabilisation of population growth in Africa; after debate, the question was answered by the Baroness Royall of Blaisdon.
The House was adjourned at twenty-nine minutes past eight o’clock till tomorrow, eleven o’clock.
PAUL HAYTER
Clerk of the Parliaments
CORRECTION
In the Minutes of Proceedings of 11th October the following item, which was included in item 12 (Negative Instruments), should have appeared as an Instrument not subject to parliamentary proceedings:
Terrorism (United Nations Measures) Order 2006, laid under the United Nations Act 1946. (2657) | 
