HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Tuesday 24th October 2006

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

PRAYERS were read by the Lord Bishop of Peterborough.

Judicial Business

1.  Down Lisburn Health and Social Services Trust and another (AP) (Respondents) v. H (AP) and another (AP) (Appellants) (Northern Ireland)—Further to the Order of the House of 12th July 2006 (67th Report, Session 2005-06 [2006] UKHL 36), it was ordered that there be no order for costs between the parties save that the costs of the assisted parties be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.

2.  Barker (Respondent) v. Corus (UK) plc (Appellants) (formerly Barker (Respondent) v. Saint Gobain Pipelines plc (Appellants))—

3.  Patterson (son and executor of the estate of J Patterson (deceased)) (Respondent) v. Smiths Dock Limited (Appellants) and others—

4.  Murray (widow and executrix of the estate of John Lawrence Murray (deceased)) (Respondent) v. British Shipbuilders (Hydrodynamics) Limited (Appellants) and others and others (Appellants)—

(Conjoined Appeals)—

Further to the Order of the House of 3rd May 2006 (51st Report Session 2005-06; [2006] UKHL 20), it was ordered that: in the appeal of Barker against Corus (UK) plc (formerly Barker against Saint Gobain Pipelines plc), the respondent do pay or cause to be paid to the appellants 75 per cent of their costs in this House and 75 per cent of their costs in Her Majesty’s Court of Appeal, the amount of such costs in this House to be certified by the Clerk of the Parliaments if not agreed between the parties and the amount of such costs in Her Majesty’s Court of Appeal to be determined by a Costs Judge if not agreed between the parties; that the Order of the House of 3rd May 2006 be varied so that the words “and any orders regarding costs” are omitted and as a result the orders on costs in the Order of the High Court of Justice Queen’s Bench Division Manchester District Registry of 23rd May 2003 are affirmed: in the appeal of Murray (widow and executrix of the estate of John Lawrence Murray (deceased)) against British Shipbuilders (Hydrodynamics) Limited and others and others, the respondent do pay or cause to be paid to the appellants their costs in this House and in Her Majesty’s Court of Appeal, the amount of such costs in this House to be certified by the Clerk of the Parliaments if not agreed between the parties and the amount of such costs in Her Majesty’s Court of Appeal to be determined by a Costs Judge if not agreed between the parties; and that the Order of the House of 3rd May 2006 be varied so that the words “and of any orders regarding costs” are omitted and as a result the orders on costs in the Order of Mr Recorder Hirst sitting at Newcastle-upon-Tyne County Court of 24th March 2004 are affirmed: in the appeal of Patterson (son and executor of the estate of J Patterson (deceased)) against Smiths Dock Limited and others, the respondent do pay or cause to be paid to the appellants their costs in this House and in Her Majesty’s Court of Appeal, the amount of such costs in this House to be certified by the Clerk of the Parliaments if not agreed between the parties and the amount of such costs in Her Majesty’s Court of Appeal to be determined by a Costs Judge if not agreed between the parties; that the Order of the House of 3rd May 2006 be varied so that the words “and of any orders regarding costs” are omitted and as a result the orders on costs in the Order of Mr Recorder Nolan QC at Newcastle-upon-Tyne County Court of 22nd January 2004 are affirmed.

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

6.  Appeal Committee—The 133rd Report from the Appeal Committee was agreed to and the following Order was made—

Beggs (AP) (Respondent) v. Scottish Ministers (Appellants) (Scotland)—That the petition of the Advocate General for Scotland that he might be heard or otherwise intervene in the said appeal be allowed.

Papers

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

Law Commissions—Report from the Law Commission on Post-Legislative Scrutiny.    (6945)

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

1.  Northern Ireland Act 1998 (Modification) Order 2006, laid under the Northern Ireland Act 1998;  (2659)

2.  Nuclear Industries Security (Amendment) Regulations 2006, laid under the Anti-terrorism, Crime and Security Act 2001;  (2815)

3.  Traffic Management (Proceedings before Adjudicators) Regulations (Northern Ireland) 2006, laid under the Traffic Management (Northern Ireland) Order 2005.  (—)

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

1.  Report and Accounts for the period 8th July 2005 to 31st March 2006 of the Olympic Lottery Distributor, laid under the Horserace Betting and Olympic Lottery Act 2004;

2.  Railways Closures Guidance, laid under the Railways Act 2005;

3.  Minute from the Department for Environment, Food and Rural Affairs concerning a contingent liability in respect of the transposition of the High-activity Sealed Radioactive Sources and Orphan Sources Directive.

Select Committee Report

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

46th Report, on the following negative instruments:

Environmental Impact Assessment (Agriculture) (England) Regulations 2006;

Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006;

Local Probation Boards (Appointment and Miscellaneous Provisions) (Amendment) Regulations 2006. (HL Paper 258)

Private Business

11.  Transport for London Bill [HL]—The bill was reported from the Select Committee with amendments and re-committed to an Unopposed Bill Committee.

Public Business

12.  Companies Bill [HL] (formerly Company Law Reform Bill [HL])—The bill was returned from the Commons on Monday 23rd October agreed to with amendments and with a privilege amendment; the Commons amendments were printed pursuant to Standing Order 51. (HL Bill 155)

13.  Business of the House—It was moved by the Lord President (Baroness Amos) that the Report of the Economic Affairs Committee on Government Policy on the Management of Risk (5th Report, HL Paper 183) be referred to a Grand Committee; the motion was agreed to.

14.  Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006—

15.  Service Voters’ Registration Period Order 2006—

16.  Review of Polling Districts and Polling Places (Parliamentary Elections) Regulations 2006—

17.  Non-Domestic Rating (Chargeable Amounts) (Amendment) (England) Regulations 2006—

1.  18.  Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006—

19.  Misuse of Drugs Act 1971 (Amendment) Order 2006—

It was moved by the Lord President (Baroness Amos) that the draft instruments be referred to a Grand Committee en bloc; the motion was agreed to.

20.  Standing Orders (Public Business)—It was moved by the Lord President (Baroness Amos) that the Standing Orders relating to public business be amended as follows with effect from the beginning of the next Session:

Standing Order 31 (No Lord to speak more than once to a Motion)

In paragraph (2), leave out “Unstarred Question” and insert “Question for Short Debate”

Standing Order 37 (Unstarred Questions and Motions)

Leave out “Unstarred Questions” and insert “Questions for Short Debate”

Standing Order 38 (Balloted and time-limited Debates)

In paragraph (1), leave out “, notwithstanding the provisions of Standing Order No. 19”

Standing Order 41 (Arrangement of the Order Paper)

In paragraph (1), leave out “Starred Questions” and insert “Oral Questions”

In paragraph (9), leave out “Unstarred Questions” and insert “Questions for Short Debate”

Standing Order 43 (Postponement and advancement of business)

In paragraph (1), leave out “Starred Questions and Unstarred Questions” and insert “Oral Questions and Questions for Short Debate”

Standing Order 44 (Notices not to be placed on Order Paper more than one month ahead)

In paragraph (2), leave out “Starred Questions” and insert “Oral Questions”;

the motion was agreed to; it was ordered that the amendments be printed. (HL Paper 259)

21.  Education and Inspections Bill—The bill was further considered on report; amendments were disagreed to (see division lists 1 to 3); amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; further consideration on report was adjourned.

22.  Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2006—It was moved by the Lord McKenzie of Luton that the Order laid before the House on 13th September be approved; after debate, the motion was agreed to.

23.  Treasure Act 1996 Code of Practice (Second Revision) England and Wales—It was moved by the Lord Davies of Oldham that the draft Code of Practice laid before the House on 20th July be approved; after debate, the motion was agreed to.

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

24.  Education and Inspections Bill—The bill was further considered on report; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; it was ordered that the bill be printed as amended. (HL Bill 158)

The House was adjourned at four minutes before ten 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