House of Lords
Session 2005 - 06
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Minutes and Order Paper - Minutes of Proceedings

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HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Thursday 7th July 2005

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

PRAYERS were read by the Lord Bingham of Cornhill.

1.  Oath—Henry Dennistoun Lord Stevenson of Coddenham took and subscribed the oath pursuant to statute.

Judicial Business

2.  Roberts (FC) (Appellant) v. Parole Board (Respondents)—The cause was considered; it was ordered and adjudged that the Order of the Court of Appeal of 28th July 2004 be affirmed and the appeal dismissed with costs; and that the amounts thereof, if any, to be paid by the appellant and to be paid out of the Community Legal Service Fund be certified by the Clerk of the Parliaments in accordance with section 11 of the Access to Justice Act 1999. [2005] UKHL 45

3.  In re McClean (Original Respondent and Cross-appellant) (On Appeal from the Court of Appeal Northern Ireland) (Northern Ireland)—It was moved by the Lord Bingham of Cornhill, That the 5th 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 Her Majesty’s Court of Appeal in Northern Ireland of 23rd April 2004 be set aside; that the Order of Mr Justice Coghlin in the High Court of Justice in Northern Ireland, Queen’s Bench Division (Judicial Review) of 15th May 2003 and also the decision of the Sentence Review Commissioners of 23rd April 2002 be restored; and that the question of costs be adjourned in order that the parties may make written submissions within 21 days. [2005] UKHL 46

4.  MacDonald (Her Majesty’s Inspector of Taxes) (Respondent) v. Dextra Accessories Limited and others (Appellants)—It was moved by the Lord Nicholls of Birkenhead, That the 6th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 28th January 2004 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties. [2005] UKHL 47

5.  Kay and others and another (FC) (Appellants) v. London Borough of Lambeth and others (Respondents) (England)—The appeal of Gavin Kay, William Gorman, Ian Peter Constantine, Cherry Barnett, Christopher Cole, Mieczyslaw Dymny and Thomas Greenhalgh was presented and it was ordered that, notwithstanding Standing Order VI, the statement and appendix thereto be lodged on or before 3rd October.

6.  Borchard Lines Limited (Respondents) v. Camomile Lines plc and others and others (Petitioners) and others—The petition of Deutsche Nah-Ost Linien GmbH & Co KG and KNSM-Kroonburgh BV praying for leave to appeal was presented and referred to an Appeal Committee (lodged 23rd June).

7.  Borchard Lines Limited (Respondents) v. Camomile Lines plc and others and others (Petitioners)—The petition of ZIM Integrated Shipping Services Limited (formerly ZIM Israel Navigation Co Limited) praying for leave to appeal was presented and referred to an Appeal Committee (lodged 24th June).

8.  Borchard Lines Limited and others and others (Petitioners) v. Managers and Processors of Claims Limited (Respondents)—The petition of Deutsche Nah-Ost Linien GmbH & Co KG and KNSM-Kroonburgh BV praying for leave to appeal was presented and referred to an Appeal Committee (lodged 23rd June).

9.  Borchard Lines Limited and others and others (Petitioners) and others v. Managers and Processors of Claims Limited (Respondents)—The petition of ZIM Integrated Shipping Services Limited (formerly ZIM Israel Navigation Co Limited) praying for leave to appeal was presented and referred to an Appeal Committee (lodged 24th June).

10.  Coudrat (Petitioner) v. Her Majesty’s Revenue and Customs (Respondents)—The petition of Didier Coudrat praying for leave to appeal was presented and referred to an Appeal Committee (lodged 24th June).

11.  J & H Ritchie Limited (Appellants) v. Lloyd Limited (Respondents) (Scotland)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 6th July).

12.  Appeal Committee—The 17th Report from the Appeal Committee was agreed to and the following Orders were made—

    Robertson and others (Petitioners) v. Department of Environment, Food and Rural Affairs (Respondents)—That the respondents be invited to lodge objections by 21st July.

    R (on the application of Begum (by her litigation friend, Rahman)) (Respondent) v. Headteacher and Governors of Denbigh High School (Petitioners)—That leave to appeal be given; and that the petition of appeal be lodged by 21st July.

    Walsh (AP) (Petitioner) v. Director of Assets Recovery Agency (Respondent) (Northern Ireland)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981; 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.

    Majrowski (Respondent) v. Guy’s and St. Thomas’ NHS Trust (Petitioners)—That leave to appeal be given; and that the petition of appeal be lodged by 21st July.

    Her Majesty’s Attorney General (Respondent) v. Pelling (Petitioner) (First petition)—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.

    Her Majesty’s Attorney General (Respondent) v. Pelling (Petitioner) (Second petition)—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.

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

Papers

13.  Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:

    1.  Environment—Responses to the Government’s Consultation on the Crossrail Bill Environmental Statement;    (6603)

    2.  Sustainable Development—Government Response to the Environmental Audit Committee’s Thirteenth Report, Session 2003-04, The Sustainable Development Strategy: Illusion or Reality?.    (—)

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

    1.  Education (Student Loans) (Amendment) (England and Wales) Regulations 2005, laid under the Education (Student Loans) Act 1990;    (1718)

    2.    (i)  Land Registration (Proper Office) (Amendment) Order 2005—    (1765)

      (ii)  Land Registration (Amendment) Rules 2005—  (1766)

      laid under the Land Registration Act 2002;

    3.  Crime and Disorder Act 1998 (Responsible Authorities) Order 2005, laid under the Crime and Disorder Act 1998;    (1789)

    4.  Fees for Assessment of Active Substances (Fourth Stage Review) Regulations 2005, laid under the European Communities Act 1972.    (1811)

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

    1.  Olympic Lotteries (Declaration that London is to host the 2012 Olympic Games) Order 2005, laid under the Horserace Betting and Olympic Lottery Act 2004;    (1830)

    2.    (i)  Report and Accounts for 2003-04 of the Youth Council for Northern Ireland—

      (ii)    Report and Accounts 2004-05 of the Laganside Corporation—

      (iii)  Report and Accounts for 2004-05 of the Valuation and Lands Agency—

      (iv)  Report and Accounts for 2004-05 of Driver and Vehicle Licensing Northern Ireland—

      (v)  Report and Accounts for 2003-04 of the Livestock and Meat Commission for Northern Ireland—

      (vi)  Report and Accounts for 2001-02 of the Sports Council for Northern Ireland—

      (vii)  Report and Accounts for 2002-03 of the Sports Council for Northern Ireland—

      (viii)  Report and Accounts for 2004-05 of the Northern Ireland Statistics and Research Agency—

      laid under the Northern Ireland Act 2000;

    3.  Report by the Comptroller and Auditor General for Northern Ireland on Financial Auditing and Reporting: 2003-04, laid under the Government Resources and Accounts Act (Northern Ireland) 2001;

    4.  Report and Accounts for 2004-05 of the Health and Safety Commission, laid under the Health and Safety at Work etc. Act 1974;

    5.  Report for 2004 of the Department for Transport, laid under the New Roads and Street Works Act 1991.

Public Business

16.  Finance Bill—A bill to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance was brought from the Commons, read a first time and ordered to be printed. (HL Bill 13)

17.  Business of the House—It was moved by the Lord Rooker, on behalf of the Lord President (Baroness Amos), that the debates on the motions in the names of the Earl of Sandwich and the Baroness Finlay of Llandaff set down for today shall each be limited to 2½ hours; the motion was agreed to.

18.  Business of the House—It was moved by the Lord Rooker, on behalf of the Lord President (Baroness Amos), that leave be given for the three motions set down for today referring instruments to a Grand Committee to be moved en bloc; the motion was agreed to.

19.  Community Legal Service (Scope) Regulations 2005—

20.  Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005—

21.  Revised Funding Code Prepared by the Legal Services Commission—

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

22.  Budget (No. 2) (Northern Ireland) Order 2005—

23.  Companies (Audit, Investigations and Community Enterprise) (Northern Ireland) Order 2005—

24.  Traffic Management (Northern Ireland) Order 2005—

25.  Colleges of Education (Northern Ireland) Order 2005—

26.  Criminal Justice (Northern Ireland) Order 2005—

    It was moved by the Lord Rooker that the draft Orders laid before the House on 9th, 16th, 27th and 28th June be approved en bloc; the motion was agreed to.

27.  Slavery (2½-hour debate)—It was moved by the Earl of Sandwich that there be laid before the House papers relating to the progress made towards the eradication of contemporary forms of slavery; after debate, the motion was (by leave of the House) withdrawn.

28.  Palliative care (2½-hour debate)—It was moved by the Baroness Finlay of Llandaff that there be laid before the House papers relating to the availability of palliative care; after debate, the motion was (by leave of the House) withdrawn.

29.  Army, Air Force and Naval Discipline Acts (Continuation) Order 2005—The Grand Committee reported that it had considered the draft Order.

30.  International Tribunal for the Law of the Sea (Immunities and Privileges) Order 2005—The Grand Committee reported that it had considered the draft Order.

1.  31.  Criminal Procedure and Investigations Act 1996 (Code of Practice) (Northern Ireland) Order 2005—The Grand Committee reported that it had considered the draft Order.

32.  Local Elections (Northern Ireland) (Amendment) Order 2005—The Grand Committee reported that it had considered the draft Order.

33.  Northern Ireland Act 2000 (Modification) (No. 2) Order 2005—The Grand Committee reported that it had considered the draft Order.

34.  Age-Related Payments Regulations 2005—The Grand Committee reported that it had considered the draft Regulations.

35.  Pension Protection Fund (Investigation by PPF Ombudsman of Complaints of Maladministration) Regulations 2005—The Grand Committee reported that it had considered the draft Regulations.

36.  Pension Protection Fund (PPF Ombudsman) Amendment Order 2005—The Grand Committee reported that it had considered the draft Order.

37.  Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005—The Grand Committee reported that it had considered the draft Regulations.

38.  Financial Assistance Scheme Regulations 2005—The Grand Committee reported that it had considered the draft Regulations.

39.  Financial Assistance Scheme (Internal Review) Regulations 2005—The Grand Committee reported that it had considered the draft Regulations.

40.  Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005—The Grand Committee reported that it had considered the draft Order.

41.  Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005—The Grand Committee reported that it had considered the draft Order.

42.  Civil Partnership (Amendments to Registration Provisions) Order 2005—The Grand Committee reported that it had considered the draft Order.

43.  Dentists Act 1984 (Amendment) Order 2005—It was moved by the Lord Warner that the draft Order laid before the House on 26th May be approved; after debate, the motion was agreed to.

44.  Life-long Learning (EUC Report)—It was moved by the Baroness Thomas of Walliswood that this House takes note of the Report of the European Union Committee on the Proposed EU Integrated Action Programme for Life-long Learning (17th Report, Session 2004-05, HL Paper 104); after debate, the motion was agreed to.

The House was adjourned at sixteen minutes past seven o’clock

to Monday next, half-past two o’clock.

PAUL HAYTER

  Clerk of the Parliaments

APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

The Committee met at two o’clock.

Army, Air Force and Naval Discipline Acts (Continuation) Order 2005—It was moved by the Baroness Crawley that the Grand Committee do consider the draft Army, Air Force and Naval Discipline Acts (Continuation) Order 2005; after debate, the motion was agreed to.

International Tribunal for the Law of the Sea (Immunities and Privileges) Order 2005—It was moved by the Baroness Royall of Blaisdon that the Grand Committee do consider the draft International Tribunal for the Law of the Sea (Immunities and Privileges) Order 2005; after debate, the motion was agreed to.

Criminal Procedure and Investigations Act 1996 (Code of Practice) (Northern Ireland) Order 2005—It was moved by the Lord Rooker that the Grand Committee do consider the draft Criminal Procedure and Investigations Act 1996 (Code of Practice) (Northern Ireland) Order 2005; after debate, the motion was agreed to.

Local Elections (Northern Ireland) (Amendment) Order 2005—It was moved by the Lord Rooker that the Grand Committee do consider the draft Local Elections (Northern Ireland) (Amendment) Order 2005; after debate, the motion was agreed to.

Northern Ireland Act 2000 (Modification) (No. 2) Order 2005—It was moved by the Lord Rooker that the Grand Committee do consider the draft Northern Ireland Act 2000 (Modification) (No. 2) Order 2005; after debate, the motion was agreed to.

Age-Related Payments Regulations 2005—It was moved by the Lord Hunt of Kings Heath that the Grand Committee do consider the draft Age-Related Payments Regulations 2005; after debate, the motion was agreed to.

Pension Protection Fund (Investigation by PPF Ombudsman of Complaints of Maladministration) Regulations 2005—It was moved by the Lord Hunt of Kings Heath that the Grand Committee do consider the draft Pension Protection Fund (Investigation by PPF Ombudsman of Complaints of Maladministration) Regulations 2005; after debate, the motion was agreed to.

Pension Protection Fund (PPF Ombudsman) Amendment Order 2005—It was moved by the Lord Hunt of Kings Heath that the Grand Committee do consider the draft Pension Protection Fund (PPF Ombudsman) Amendment Order 2005; the motion was agreed to.

Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005—It was moved by the Lord Hunt of Kings Heath that the Grand Committee do consider the draft Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005; the motion was agreed to.

Financial Assistance Scheme Regulations 2005—It was moved by the Lord Hunt of Kings Heath that the Grand Committee do consider the draft Financial Assistance Scheme Regulations 2005; after debate, the motion was agreed to.

Financial Assistance Scheme (Internal Review) Regulations 2005—It was moved by the Lord Hunt of Kings Heath that the Grand Committee do consider the draft Financial Assistance Scheme (Internal Review) Regulations 2005; the motion was agreed to.

Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005—It was moved by the Lord Evans of Temple Guiting that the Grand Committee do consider the draft Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005; after debate, the motion was agreed to.

Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005—It was moved by the Lord Evans of Temple Guiting that the Grand Committee do consider the draft Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005; the motion was agreed to.

Civil Partnership (Amendments to Registration Provisions) Order 2005—It was moved by the Lord McKenzie of Luton that the Grand Committee do consider the draft Civil Partnership (Amendments to Registration Provisions) Order 2005; after debate, the motion was agreed to.

The Committee was adjourned at twenty minutes before five o’clock.

 
 
 
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Prepared: 8 july 2005