House of Lords
Session 2005 - 06
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Minutes and Order Papers

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Wednesday 13th July 2005

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

PRAYERS were read by the Lord Bishop of Newcastle.

1.  Baroness Clark of Calton—Lynda Margaret Clark, QC, having been created Baroness Clark of Calton, of Calton in the City of Edinburgh, for life by Letters Patent dated in the afternoon of 21st June 2005, was introduced between the Lord Irvine of Lairg and the Baroness Scotland of Asthal, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and subscribed the solemn affirmation pursuant to statute.

2.  Lord Soley—Clive Stafford Soley Esquire, having been created Baron Soley, of Hammersmith in the London Borough of Hammersmith and Fulham, for life by Letters Patent dated in the forenoon of 29th June 2005, was introduced between the Lord Dubs and the Baroness Symons of Vernham Dean, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and subscribed the solemn affirmation pursuant to statute.

3.  Lord King of Wartnaby—The Lord Chancellor acquainted the House that Lord King of Wartnaby, a member of the House, had died on 12th July 2005.

4.  Oath—Leonard Robert Lord Carr of Hadley took and subscribed the oath pursuant to statute.

Judicial Business

5.  Secretary of State for the Home Department (Respondent) v. Hindawi (FC) (Appellant) and another (England)—The appeal of Nezar Hindawi was presented and it was ordered that, notwithstanding Standing Order VI, the statement and appendix thereto be lodged on or before 3rd October.

6.  Jameel and others (Respondents) v. Wall Street Journal Europe Sprl (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 20th July (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

7.  MH (by her litigation friend, Official Solicitor) (FC) (Respondent) v. Secretary of State for the Department of Health (Appellant) and others—The respondent’s certificate of public funding was lodged.

Papers

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

    1.  Departmental Performance—Departmental Report for 2005 of UK Trade and Investment;    (6535)

    2.  Finance—Treasury Minute on the Twenty-Fifth Report from the Committee of Public Accounts, Session 2003-04;    (6578)

    3.  Health—Government response to the Report of the Joint Committee on the draft Mental Health Bill 2004, Session 2004-05;    (6624)

    4.  Communications—Departmental Minute dated 13th July concerning the gifting of equipment to the Palestinian authority.    (—)

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

    1.  Local Government Pension Scheme (Amendment) Regulations 2005, laid under the Superannuation Act 1972;    (1903)

    2.  Passenger and Goods Vehicles (Recording Equipment) Regulations 2005, laid under the European Communities Act 1972;    (1904)

    3.  Drought Plan Regulations 2005, laid under the Water Industry Act 1991.    (1905)

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

    1.    (i)  Report for 2004 of the S4C Authority—

      (ii)  Accounts for 2004 of the S4C Authority—

      laid under the Broadcasting Act 1990;

    2.  Report for 2004-05 of the Certification Officer, laid under the Trade Union and Labour Relations (Consolidation) Act 1992;

    3.  Report and Accounts for 2004-05 of the Engineering and Physical Sciences Research Council, laid under the Science and Technology Act 1965;

    4.  Accounts for 1st April 2004 to 16th April 2005 of the following Education Action Zones, together with the Reports of the Comptroller and Auditor General—

      (i)    South East Sheffield—

      (ii)    Westminster—

      laid under the School Standards and Framework Act 1998;

    5.    (i)  Amendment List 16 to Air Publication 1269 (the Royal Air Force Manual of Medical Management and Administration—8th Edition)—

      (ii)    Amendment List 28 to Air Publication 1269A (the Royal Air Force Manual of Assessment of Medical Fitness—3rd Edition)—

      laid under the Air Force (Constitution) Act 1917.

Select Committee Report

11.  Liaison Committee—The First Report from the Select Committee was made and ordered to be printed. (HL Paper 29)

Public Business

12.  Business of the House—It was moved by the Lord Rooker, on behalf of the Lord President (Baroness Amos), that leave be given to advance the Committee stage of the Borough Freedom (Family Succession) Bill [HL] from Wednesday 20th July to Tuesday 19th July; the motion was agreed to.

13.  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.

14.  Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005—

15.  Further and Higher Education (Scotland) Act 2005 (Consequential Modifications) Order 2005—

16.  Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005—

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

17.  Business of the House—It was moved by the Lord Rooker, on behalf of the Lord President (Baroness Amos), that the following Unstarred Question be referred to a Grand Committee—

      The Viscount Astor—To ask Her Majesty’s Government what steps they will take to promote the art market in light of the proposed implementation of the European Union Directive on the resale right for the benefit of the author of an original work of art;

    the motion was agreed to.

18.  Equality Bill [HL]—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed after clause 60 stood part.

19.  Human Rights—A message was brought from the Commons that they have ordered that six members be members of the Committee appointed to join with a Committee of this House as the Joint Committee on Human Rights, and propose that the Committee do meet with the Committee appointed by this House on Tuesday 19th July at four o’clock in Committee Room 5.

1.  20.  Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2005—It was moved by the Lord Bassam of Brighton that the draft Order laid before the House on 14th June be approved; after debate, the motion was agreed to.

21.  Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005—It was moved by the Lord Bach that the draft Regulations laid before the House on 8th June be approved; after debate, the motion was agreed to.

22.  Water Supply Licence (Modification of Standard Conditions) Order 2005—It was moved by the Lord Bach that the draft Order laid before the House on 8th June be approved; the motion was agreed to.

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

23.  Equality Bill [HL]—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed and the bill was reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 17)

The House was adjourned at three minutes past ten o’clock

till tomorrow, a quarter before ten o’clock for judicial business,

eleven o’clock for public business.

PAUL HAYTER

  Clerk of the Parliaments

CORRECTION

The following item, which appeared in the Minutes of Proceedings on 11th July as a Negative Instrument, should not have been laid before this House:

Tax Avoidance Schemes (Information) (Amendment) Regulations 2005, laid under the Finance Act 2004.  (1869)

 
 
 
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Prepared: 14 july 2005