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Minutes and Order Paper - Minutes of Proceedings



 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Wednesday 25th October 2006

The House met at a quarter before ten o’clock.

PRAYERS were read by the Lord Bishop of Peterborough.

Judicial Business

1.  Land Securities Group plc (Appellants) v. Scottish Ministers and others (Respondents) (Scotland)—

    It was moved by the Lord Nicholls of Birkenhead, That the 80th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged, that the appeal be dismissed; that the Interlocutor of an Extra Division of the Inner House of the Court of Session in Scotland of 30th March 2005 be affirmed; and that the appellant do pay or cause to be paid to the first and second respondents their costs in this House. [2006] UKHL 48

2.  Deutsche Morgan Grenfell Group Plc (Respondents) v. Her Majesty’s Commissioners of Inland Revenue and another (Appellants)—

3.  Deutsche Morgan Grenfell Group plc (Appellants) v. Her Majesty’s Commissioners of Inland Revenue and another (Respondents)

    (Consolidated Appeals)—

    It was moved by the Lord Hoffmann, That the 81st Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal of Her Majesty’s Commissioners of Inland Revenue and Her Majesty’s Attorney General be dismissed and the appeal of Deutsche Morgan Grenfell Group plc be allowed; that paragraphs 1 and 5 of the Order of the Court of Appeal of 4th February 2005 be set aside and the Order of Mr Justice Park in the High Court of Justice Chancery Division of 18th July 2003 restored; and that the question of costs in this House and in the Court of Appeal be adjourned in order that the parties may make written submissions within 14 days. [2006] UKHL 49

4.  Lake (Petitioner) v. Lake (Respondent)—The petition of Derek Lake praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.

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

Papers

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

    1.  Finance—Treasury Minutes on the Thirty-fifth, Fifty-second, Fifty-fourth and Fifty-sixth Reports from the Committee of Public Accounts;    (6924)

    2.  Health—Government Response to the Fourth Report of the House of Commons Health Committee on Independent Sector Treatment Centres;    (6930)

    3.  Prisons—Exchange of Notes between the United Kingdom and Antigua and Barbuda extending the Agreement of 23rd June 2003 relating to the Transfer of Prisoners;    (6949)

    4.  Science and Technology—Exchange of Notes between the United Kingdom and Russia amending the Agreement of 28th May 1996 on Science and Technology Cooperation;    (6950)

    5.  Petroleum—Agreement between the United Kingdom and the Netherlands relating to the Reciprocal Holding of Stocks of Crude Oil and/or Petroleum Products.    (6952)

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

    Feeding Stuffs (England) (Amendment) Regulations 2006, laid under the Agriculture Act 1970.    (2808)

7.  Instrument not subject to parliamentary proceedings—The following instrument was laid before the House and ordered to lie on the Table:

    Naval and Marine Pay and Pensions (Pay and Allowances) (No. 3) Order 2006, laid under the Naval and Marine Pay and Pensions Act 1865.  (—)

Select Committee Report

8.  Statutory Instruments—The 36th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

      Draft Association of Law Costs Draftsmen Order 2006;

      Draft National Assembly for Wales (Transfer of Functions) (No.2) Order 2006;

      Draft Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006;

      Draft Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006;

      Draft Review of Polling Districts and Polling Places (Parliamentary Elections) Regulations 2006;

      Draft Service Voters’ Registration Period Order 2006;

    it was ordered that the Report be printed. (HL Paper 260)

Public Business

9.  Safeguarding Vulnerable Groups 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 157)

10.  Police and Justice Bill—The bill was returned from the Commons with certain Lords amendments disagreed to with reasons for such disagreement; with a Lords amendment disagreed to but with amendments to the words so restored to the bill; with certain other Lords amendments agreed to with amendments; and with the remaining Lords amendments agreed to; the Commons amendments and reasons were ordered to be printed. (HL Bill 159)

11.  Civil Aviation Bill—The Commons amendments were considered; a motion to disagree with the Commons in their amendments in lieu of certain Lords amendments, in respect of which the Commons had insisted on their disagreement, and to propose an amendment in lieu of the Lords amendments, was moved and (by leave of the House) withdrawn and the Lords amendments were not insisted on and the Commons amendments in lieu were agreed to; and a Commons amendment to a Lords amendment, in respect of which the Commons had not insisted on their disagreement, was agreed to.

12.  NHS Redress Bill [HL]—The Commons amendments were considered; Commons amendments were agreed to; motions to disagree to certain Commons amendments and to propose amendments in lieu were moved and (by leave of the House) withdrawn; an amendment to a Commons amendment was agreed to (see division list 1); certain other Commons amendments were disagreed to; a Committee was appointed to propose a reason for such disagreement.

    The Lords following were named of the Committee:

      Howe, E.

      Neuberger, B.

      Warner, L.

    The Committee reported that they had proposed the following reason in respect of the disagreement with Commons amendments 5 and 16:

      “Because it is appropriate to ensure the separation between fact-finding and assessment of liability under the scheme”.

    The Report was agreed to; the remaining Commons amendments were agreed to and the privilege amendment was agreed to; then the bill was returned to the Commons with the reason and amendment.

1.  13.  Violent Crime Reduction Bill—The bill was read a third time; amendments were moved and (by leave of the House) withdrawn; an amendment was disagreed to (see division list 2); amendments were agreed to; then, after debate, the bill was passed and returned to the Commons with amendments.

14.  Victims and Survivors (Northern Ireland) Order 2006—The Grand Committee reported that it had considered the draft Order.

15.  Electricity Consents (Planning) (Northern Ireland) Order 2006—The Grand Committee reported that it had considered the draft Order.

16.  Rates (Amendment) (Northern Ireland) Order 2006—The Grand Committee reported that it had considered the draft Order.

The House was adjourned at twenty-one minutes before eight o’clock till tomorrow, eleven o’clock.

PAUL HAYTER

  Clerk of the Parliaments

APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

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

Victims and Survivors (Northern Ireland) Order 2006—It was moved by the Lord Rooker that the Grand Committee do consider the draft Victims and Survivors (Northern Ireland) Order 2006; after debate, the motion was agreed to.

Electricity Consents (Planning) (Northern Ireland) Order 2006—It was moved by the Lord Rooker that the Grand Committee do consider the draft Electricity Consents (Planning) (Northern Ireland) Order 2006; after debate, the motion was agreed to.

Rates (Amendment) (Northern Ireland) Order 2006—It was moved by the Lord Rooker that the Grand Committee do consider the draft Rates (Amendment) (Northern Ireland) Order 2006; after debate, the motion was agreed to.

The Committee was adjourned at seven o’clock.

 
 
 
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Prepared: 26 october 2006