House of Lords
Session 2005 - 06
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Minutes and Order Papers

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Tuesday 19th July 2005

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

PRAYERS were read by the Lord Bishop of Worcester.

1.  Baroness Fritchie—Dame Irene Tordoff Fritchie, DBE, having been created Baroness Fritchie, of Gloucester in the County of Gloucestershire, for life by Letters Patent dated 31st May 2005, was introduced between the Baroness Cumberlege and the Lord Wilson of Dinton, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

2.  Lord Anderson of Swansea—The Right Honourable Donald Anderson, having been created Baron Anderson of Swansea, of Swansea in the County of West Glamorgan, for life by Letters Patent dated in the forenoon of 28th June 2005, was introduced between the Baroness Andrews and the Lord Morris of Aberavon, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

3.  Oath—Christopher Robin Lord Haskins took and subscribed the oath pursuant to statute.

Judicial Business

4.  London Borough of Newham (Respondents) v. Hawkins (FC) and others (FC) (Petitioners)—The petition of Raymond Hawkins, Bryan Hawkins and Darren Exley 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 petitioners’ certificates of public funding were lodged.

5.  Smith (FC) (Appellant) v. Secretary of State for Work and Pensions and another (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 18th July).

6.  Massey and another (Appellants) v. Boulden and another (Respondents)—The petition of the appellants was presented praying that the appeal be withdrawn on the terms agreed between the parties (the agents for the respondents consenting thereto); and it was ordered as prayed.

Papers

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

    1.  Defence—The Government’s Expenditure Plans 2005-06 to 2007-08;    (6532)

    2.  Children—Post-consultation report for the paper—Disclosure of Information in Family Proceedings Cases Involving Children;    (6623)

    3.  Taxes—

      (i)  Agreement between the United Kingdom, including the British Virgin Islands, and the United States of America for the Exchange of Information relating to Taxes;  (6627)

      (ii)  Agreement between the United Kingdom, including the Cayman Islands, and the United States of America for the Exchange of Information relating to Taxes;  (6628)

    4.  Social Security—Convention on Social Security between the United Kingdom and Ireland;    (6633)

    5.  Hong Kong—Six-monthly Report on Hong Kong January-June 2005;    (6642)

    6.  Culture—

      (i)  Government Response to the 6th Report of the House of Commons Select Committee on Culture, Media and Sport, Session 2004-05, on the Market for Art;  (6643)

      (ii)  Government Response to the 5th Report of the House of Commons Select Committee on Culture, Media and Sport, Session 2004-05, on Theatre;  (6644)

    7.  Sports Council—Report and Accounts for 2004-05 of the United Kingdom Sports Council Grant-in-Aid.    (—)

8.  Regulatory Reform—The following order was laid before the House under section 6(1) of the Regulatory Reform Act 2001 and referred to the Delegated Powers and Regulatory Reform Committee:

    Draft Regulatory Reform (Forestry) Order 2006, together with a Statement by the Forestry Commission.

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

    1.  Protection of Wrecks (Designation) (England) Order 2005, laid under the Protection of Wrecks Act 1973;    (1974)

    2.  Motor Vehicles (Driving Licences) (Amendment) Regulations 2005, laid under the Road Traffic Act 1988;    (1975)

    3.  Family Proceedings (Amendment No 4) Rules 2005, laid under the Matrimonial and Family Proceedings Act 1984;    (1976)

    4.  Family Proceedings Courts (Miscellaneous Amendments) Rules 2005, laid under the Magistrates’ Courts Act 1980;    (1977)

    5.  Police Service of Northern Ireland (Complaints etc) (Amendment) Regulations 2005, laid under the Police (Northern Ireland) Act 1998.    (—)

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

    1.    (i)  Accounts for 1st March 1998-28th February 1999 of Funds in Court England and Wales, together with the Report of the Comptroller and Auditor General—

      (ii)  Accounts for 1st March 1999-29th February 2000 of Funds in Court England and Wales, together with the Report of the Comptroller and Auditor General—

      (iii)  Accounts for 1st March 2000-28th February 2001 of Funds in Court England and Wales, together with the Report of the Comptroller and Auditor General—

      (iv)  Accounts for 1st March 2001-28th February 2002 of Funds in Court England and Wales, together with the Report of the Comptroller and Auditor General—

      (v)  Accounts for 1st March 2002-28th February 2003 of Funds in Court England and Wales, together with the Report of the Comptroller and Auditor General—

      (vi)  Accounts for 1st March 2003-29th February 2004 of Funds in Court England and Wales, together with the Report of the Comptroller and Auditor General—

      laid under the Administration of Justice Act 1982;

    2.  Reports for 2004 of the Medicines Act 1968 Advisory Bodies, laid under that Act;

    3.    (i)  Report and Accounts for 2004-05 of the Coal Authority—

      (ii)    Report on Health and Safety for 2004-05 of the Coal Authority—

      (iii)  Environmental Review for 2004-05 of the Coal Authority—

      laid under the Coal Authority Act 1994;

    4.  Accounts for 2004-05 of the Office of Communications Licence Fees and Penalties, together with the Report of the Comptroller and Auditor General, laid under the Communications Act 2003;

    5.  Report for 2004-05 of the Serious Fraud Office, laid under the Criminal Justice Act 1987;

    6.  Report and Accounts for 2004-05 of the Disability Rights Commission, laid under the Disability Rights Commission Act 1999;

    7.  Report and Accounts for 2004-05 of the Duchy of Lancaster, laid under the Duchy of Cornwall and Duchy of Lancaster Act 1838;

    8.  Report and Accounts for 2004-05 of the Qualifications and Curriculum Authority, laid under the Education Act 1997;

    9.  Report and Accounts for 2004-05 of the Central Arbitration Committee, laid under the Employment Relations Act 1999;

    10.  Report and Accounts for 2004-05 of the Competition Commission, laid under the Enterprise Act 2002;

    11.  Report for 2004-05 on Miscellaneous Duty Reliefs by the Department of Trade and Industry, laid under the European Communities Act 1972;

    12.  Report and Accounts for 2004-05 of the Defence Science and Technology Laboratory, together with the Report of the Comptroller and Auditor General, laid under the Government Trading Funds Act 1973;

    13.    (i)  Report and Accounts for 2004-05 of the Bradford Teaching Hospitals NHS Foundation Trust—

      (ii)    Report and Accounts for the period 1st July 2004 to 31st March 2005 of the Derby Hospitals NHS Foundation Trust—

      (iii)  Report and Accounts for the period 5th January to 31st March 2005 of the Gateshead Health NHS Foundation Trust—

      (iv)  Report and Accounts for 2004-05 of the Homerton University Hospital NHS Foundation Trust—

      (v)  Report and Accounts for the period 1st July 2004 to 31st March 2005 of the Papworth Hospital NHS Foundation Trust—

      (vi)  Report for the period 1st July 2004 to 31st March 2005 of the Queen Victoria Hospital NHS Foundation Trust—

      (vii)  Accounts for the period 1st July 2004 to 31st March 2005 of the Queen Victoria Hospital NHS Foundation Trust—

      (viii)  Report and Accounts for 2004-05 of the Royal Marsden NHS Foundation Trust—

      laid under the Health and Social Care (Community Health and Standards) Act 2003;

    14.  Report for 2004-05 of the Liverpool Housing Action Trust, laid under the Housing Act 1988;

    15.  Report and Accounts for 2004-05 of the Natural History Museum, laid under the Museums and Galleries Act 1992;

    16.    (i)  Accounts for 2004-05 of the Counter Fraud and Security Management Service—

      (ii)    Accounts for 2004-05 of the Dental Practice Board—

      (iii)  Report and Accounts for 2004-05 of the Dental Vocational Training Authority—

      (iv)  Report and Accounts for 2004-05 of the Family Health Services Appeal Authority (Special Health Authority)—

      (v)  Accounts for 2004-05 of the Health Development Agency—

      (vi)  Report and Accounts for 2004-05 of the Health Protection Agency—

      (vii)  Accounts for 2004-05 of the Mental Health Act Commission—

      (viii)  Accounts for 2004-05 of the National Blood Authority—

      (ix)  Report and Accounts for 2004-05 of the National Clinical Assessment Authority—

      (x)  Report and Accounts for 2004-05 of the NHS Information Authority—

      (xi)  Accounts for 2004-05 of the NHS Logistics Authority—

      (xii)  Accounts for 2004-05 of NHS UK Transplant—

      (xiii)  Accounts for 2004-05 of the NHS University Special Health Authority—

      (xiv)  Accounts for 2004-05 of the National Institute for Clinical Excellence—

      (xv)  Report and Accounts for 2004-05 of the National Patient Safety Agency—

      (xvi)  Report and Accounts for 2004-05 of the Prescription Pricing Authority—

      laid under the National Health Service Act 1977;

    17.    (i)  Report and Accounts for 2004-05 of the National Lottery Commission—

      (ii)    Report and Accounts for 2004-05 of the United Kingdom Sports Council Lottery Distribution Fund—

      laid under the National Lottery etc. Act 1993;

    18.  Departmental Responses to Recommendations in Northern Ireland Audit Office Reports, laid under the Northern Ireland Act 2000;

    19.  Report and Accounts for 2004-05 of the Office of Communications, laid under the Office of Communications Act 2002;

    20.  Code of Practice on the Management of Police Information, laid under the Police Act 1996;

    21.  Report and Accounts for 2004-05 of the Police Information Technology Organisation, laid under the Police Act 1997;

    22.  Report and Accounts for 2004-05 of the Northern Ireland Prison Service, laid under the Prison Act (Northern Ireland) 1953;

    23.    (i)  Accounts for April-December 2003 of the Plymouth Education Action Zone, together with the Report of the Comptroller and Auditor General—

      (ii)    Accounts for April-November 2004 of the Slough Education Action Zone, together with the Report of the Comptroller and Auditor General—

      (iii)  Accounts for 1st April 2004 to 2nd April 2005 of the South East England Virtual Education Action Zone, together with the Report of the Comptroller and Auditor General—

      (iv)  Accounts for 1st April 2004 to 16th April 2005 of the Bristol Education Action Zone, together with the Report of the Comptroller and Auditor General—

      (v)  Accounts for 1st April 2004 to 16th April 2005 of the Great Yarmouth Education Action Zone, together with the Report of the Comptroller and Auditor General—

      laid under the School Standards and Framework Act 1998;

    24.    (i)  Report and Accounts for 2004-05 of the Medical Research Council—

      (ii)    Report and Accounts for 2004-05 of the Particle Physics and Astronomy Research Council—

      laid under the Science and Technology Act 1965;

    25.  Accounts for 2004-05 of the National Radiological Protection Board, together with the Report of the Comptroller and Auditor General, laid under the Radiological Protection Act 1970;

    26.  Report and Accounts for 2004-05 of the General Teaching Council for England, laid under the Teaching and Higher Education Act 1998.

Select Committee Reports

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

    7th Report, on the following negative instruments:

      Local Government Pension Scheme (Amendment) Regulations 2005;

      School Governance (Constitution, Federations and New Schools) (England) (Amendment) Regulations 2005;

      Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005;

      Education (School Organisation Proposals) (England) (Amendment) Regulations 2005;

      Passenger and Goods Vehicles (Recording Equipment) Regulations 2005;

      Drought Plan Regulations 2005. (HL Paper 32)

12.  European Union—The following Reports from the Select Committee were made and ordered to be printed, together with the Minutes of Evidence:

    Ensuring Effective Regulation in the EU; (9th Report-HL Paper 33)

    Evidence from the Minister for Europe—the European Council and the UK Presidency; (10th Report-HL Paper 34)

    The European Union’s Role at the Millennium Review Summit; (11th Report-HL Paper 35)

    The United Kingdom Presidency: Defra’s Priorities; (12th Report-HL Paper 36)

    Proposed EU Consumer-Credit Harmonisation Directive: Interim Report. (13th Report-HL Paper 37)

13.  Statutory Instruments—The following Reports from the Joint Committee were made and ordered to be printed:

    3rd Report on certain statutory instruments; (HL Paper 39)

    First Special Report: Departmental Returns 2004. (HL Paper 40)

Public Business

14.  Consumer Credit Bill—A bill to amend the Consumer Credit Act 1974; to extend the ombudsman scheme under the Financial Services and Markets Act 2000 to cover licensees under the Consumer Credit Act 1974; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 18)

15.  Consumer Credit Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 18-EN)

16.  Human Rights—It was moved by the Chairman of Committees that the Commons message of 13th July be now considered; and that a Select Committee of six Lords be appointed to join with the Committee appointed by the Commons as the Joint Committee on Human Rights:

    To consider:

      (a)  matters relating to human rights in the United Kingdom (but excluding consideration of individual cases);

      (b)  proposals for remedial orders, draft remedial orders and remedial orders made under section 10 of and laid under Schedule 2 to the Human Rights Act 1998; and

      (c)  in respect of draft remedial orders and remedial orders, whether the special attention of the House should be drawn to them on any of the grounds specified in Standing Order 74 (Joint Committee on Statutory Instruments);

    To report to the House:

      (a)  in relation to any document containing proposals laid before the House under paragraph 3 of the said Schedule 2, its recommendation whether a draft order in the same terms as the proposals should be laid before the House; or

      (b)  in relation to any draft order laid under paragraph 2 of the said Schedule 2, its recommendation whether the draft Order should be approved;

    and to have power to report to the House on any matter arising from its consideration of the said proposals or draft orders; and

    To report to the House in respect of any original order laid under paragraph 4 of the said Schedule 2, its recommendation whether:

      (a)  the order should be approved in the form in which it was originally laid before Parliament; or

      (b)  that the order should be replaced by a new order modifying the provisions of the original order; or

      (c)  that the order should not be approved,

    and to have power to report to the House on any matter arising from its consideration of the said order or any replacement order;

    That, as proposed by the Committee of Selection, the Lords following be named of the Committee:

L. Bowness
L. Campbell of Alloway
L. Judd
L. Lester of Herne Hill
L. Plant of Highfield
B. Stern;
That the Committee have power to agree with the Committee appointed by the Commons in the appointment of a Chairman;

    That the quorum of the Committee shall be two;

    That the Committee have power to adjourn from place to place;

    That the Committee have leave to report from time to time;

    That the Committee have power to appoint specialist advisers;

    That the minutes of evidence taken before the Human Rights Committee in the last Parliament be referred to the Committee;

    That the minutes of evidence taken before the Committee from time to time shall, if the Committee think fit, be printed; and

    That the Committee do meet with the Committee appointed by the Commons at four o’clock this day in Committee Room 5;

    the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.

17.  Industrial Training Levy (Engineering Construction Board) Order 2005—It was moved by the Lord President (Baroness Amos) that the order of 12th July referring the draft Order to a Grand Committee be discharged; the motion was agreed to.

18.  Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005—

19.  Companies Act 1989 (Delegation) Order 2005—

20.  National Minimum Wage Regulations 1999 (Amendment) Regulations 2005—

    It was moved by the Lord McKenzie of Luton that the draft Order and Regulations laid before the House on 10th February, 25th May and 20th June be approved en bloc; the motion was agreed to.

21.  Community Legal Service (Scope) Regulations 2005—

22.  Community Legal Service (Cost Protection) (Amendment) Regulations 2005—

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

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

    It was moved by the Lord Evans of Temple Guiting that the draft Regulations and Order and the Revised Funding Code laid before the House on 21st, 23rd and 27th June be approved en bloc; the motion was agreed to.

25.  Procedure of the House—It was moved by the Chairman of Committees that the First Report from the Select Committee be agreed to; the motion was agreed to.

26.  Borough Freedom (Family Succession) Bill [HL]—The order of commitment was discharged.

27.  Consolidated Fund (Appropriation) Bill—It was moved by the Lord McKenzie of Luton that the bill be now read a second time; the motion was agreed to and the Committee was negatived; then, Standing Order 47 having been dispensed with, the bill was read a third time and passed.

28.  Finance Bill—It was moved by the Lord McKenzie of Luton that the bill be now read a second time; the motion was agreed to and the Committee was negatived; then, Standing Order 47 having been dispensed with, the bill was read a third time and passed.

29.  Finance Bill (EAC Report)—It was moved by the Lord Wakeham that this House takes note of the Report of the Economic Affairs Committee on The Finance Bill 2005 (2nd Report, HL Paper 13); the motion was agreed to.

30.  Extradition Act 2003 (Amendment to Designations) (No. 2) Order 2005—The Grand Committee reported that it had considered the draft Order.

31.  Railways (Convention on International Carriage by Rail) Regulations 2005—The Grand Committee reported that it had considered the draft Regulations.

32.  Railways Act 1993 (Determination of Turnover) Order 2005—The Grand Committee reported that it had considered the draft Order.

33.  Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005—The Grand Committee reported that it had considered the draft Order.

34.  Code of Practice: Access and Unfair Practices during Recognition and Derecognition Ballots—The Grand Committee reported that it had considered the draft Code of Practice.

35.  Code of Practice: Industrial Action Ballots and Notice to Employers—The Grand Committee reported that it had considered the draft Code of Practice.

36.  Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005—The Grand Committee reported that it had considered the draft Order.

37.  Further and Higher Education (Scotland) Act 2005 (Consequential Modifications) Order 2005—The Grand Committee reported that it had considered the draft Order.

38.  Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005—The Grand Committee reported that it had considered the draft Order.

39.  Fraud Bill [HL]—The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed after clause 13 stood part.

The House was adjourned at thirteen minutes before ten o’clock

till tomorrow, 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 half-past three o’clock.

    Extradition Act 2003 (Amendment to Designations) (No. 2) Order 2005—It was moved by the Lord Bassam of Brighton that the Grand Committee do consider the draft Extradition Act 2003 (Amendment to Designations) (No. 2) Order 2005; after debate, the motion was agreed to.

    Railways (Convention on International Carriage by Rail) Regulations 2005—It was moved by the Lord Davies of Oldham that the Grand Committee do consider the draft Railways (Convention on International Carriage by Rail) Regulations 2005; after debate, the motion was agreed to.

    Railways Act 1993 (Determination of Turnover) Order 2005—It was moved by the Lord Davies of Oldham that the Grand Committee do consider the draft Railways Act 1993 (Determination of Turnover) Order 2005; after debate, the motion was agreed to.

    Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005—It was moved by the Lord Sainsbury of Turville that the Grand Committee do consider the draft Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005; after debate, the motion was agreed to.

    Code of Practice: Access and Unfair Practices during Recognition and Derecognition Ballots—It was moved by the Lord Sainsbury of Turville that the Grand Committee do consider the draft Code of Practice: Access and Unfair Practices during Recognition and Derecognition Ballots; after debate, the motion was agreed to.

    Code of Practice: Industrial Action Ballots and Notice to Employers—It was moved by the Lord Sainsbury of Turville that the Grand Committee do consider the draft Code of Practice: Industrial Action Ballots and Notice to Employers; after debate, the motion was agreed to.

    Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005—It was moved by the Lord Evans of Temple Guiting that the Grand Committee do consider the draft Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005; after debate, the motion was agreed to.

    Further and Higher Education (Scotland) Act 2005 (Consequential Modifications) Order 2005—It was moved by the Lord Evans of Temple Guiting that the Grand Committee do consider the draft Further and Higher Education (Scotland) Act 2005 (Consequential Modifications) Order 2005; after debate, the motion was agreed to.

    Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005—It was moved by the Lord Evans of Temple Guiting that the Grand Committee do consider the draft Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005; after debate, the motion was agreed to.

The Committee was adjourned at thirty-one minutes past five o’clock.

 
 
 
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