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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

Wednesday 20th July 2005

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

PRAYERS were read by the Lord Bishop of Worcester.

1.  Baroness Corston—The Right Honourable Jean Ann Corston, having been created Baroness Corston, of St George in the County and City of Bristol, for life by Letters Patent dated in the afternoon of 29th June 2005, was introduced between the Lord Campbell-Savours and the Lord Haworth, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

2.  Lord Goodlad—The Right Honourable Sir Alastair Robertson Goodlad, KCMG, having been created Lord Goodlad, of Lincoln in the County of Lincolnshire, for life by Letters Patent dated 19th July 2005, was introduced between the Lord Walker of Worcester and the Lord Jopling, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

3.  Royal Assent—The Lord Chancellor notified the Queen’s Assent to the following Acts:

Appropriation (No. 3) Actc.21
Finance (No. 2) Actc. 22

Judicial Business

4.  R (on the application of Begum (by her litigation friend, Rahman)) (Respondent) v. Headteacher and Governors of Denbigh High School (Appellants) (England)—The appeal of the Headteacher and Governors of Denbigh High School was presented and it was ordered that, notwithstanding Standing Order VI, the statement and appendix thereto be lodged on or before 3rd October.

5.  Deutsche Morgan Grenfell Group plc (Respondents) v. Her Majesty’s Commissioners of Inland Revenue and another (Appellants) (England)—The appeal of Her Majesty’s Commissioners of Inland Revenue and Her Majesty’s Attorney General was presented and it was ordered that, notwithstanding Standing Order VI, the statement and appendix thereto be lodged on or before 3rd October.

6.  R (on the application of Corporation of London) (Respondents) v. Secretary of State for Environment, Food and Rural Affairs and others (Appellants)—

7.  R (on the application of Corporation of London) (Respondents) v. Secretary of State for Environment, Food and Rural Affairs (Appellant) and others—

    (Conjoined Appeals)—

    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 28th July (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

8.  R (on the application of Laporte) (FC) (Appellant) v. Chief Constable of Gloucestershire (Respondent)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 31st August or to the third sitting day after the next ensuing meeting of the House (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

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

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

    The petition of the appellants praying that the appeals be consolidated, that they be allowed to lodge one statement, one appendix and one case and be jointly represented in respect of the appeals and that the respondents have leave to lodge one case in respect of the appeals (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

11.  Appeal Committee—The 23rd Report from the Appeal Committee was agreed to and the following Order was made—

    A and others (Appellants) v. Secretary of State for the Home Department (Respondent) (2004)—

    A and others (Appellants) (FC) and others v. Secretary of State for the Home Department (Respondent)—

    (Conjoined Appeals)—

    That the petition of the Commonwealth Lawyers Association, the Human Rights Institute of the International Bar Association and the International Commission of Jurists that they might be heard or otherwise intervene in the said appeal be allowed.

Papers

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

    1.  Transport—Government Response to the 7th Report of the House of Commons Transport Select Committee, Session 2004-05: Road Pricing: The Next Steps;    (6560)

    2.  Social Security—Report for 2004-05 by the Secretary of State for Work and Pensions on the Social Fund;    (6595)

    3.  Finance—

      (i)     Treasury Minutes on the Tenth, Eleventh and Thirteenth Reports from the Committee of Public Accounts 2004-05;  (6609)

      (ii)     Provisional Outturn of Public Expenditure for 2004-05;  (6639)

    4.  Animals—Review for 2004-05 of Controls on Imports of Animal Products;    (6636)

    5.  Exports—

      (i)     Government Response to the Reports from the House of Commons Defence, Foreign Affairs, International Development and Trade and Industry Committees, Session 2004-05, on Strategic Export Controls: Her Majesty’s Government’s Annual Report for 2004, Licensing Policy and Parliamentary Scrutiny;  (6638)

      (ii)     Report for 2004 of the United Kingdom Strategic Export Controls;  (6646)

    6.  Libraries—Government Response to the 3rd Report of the House of Commons Culture, Media and Sport Select Committee, Session 2004-05, on Public Libraries;    (6648)

    7.  Health—Government Response to the 3rd Report of the House of Commons Health Select Committee, Session 2004-05, on New Developments in Sexual Health and HIV/AIDS Policy;    (6649)

    8.  Contingent Liability—Treasury Minute dated 20th July concerning the Morris Review of Actuaries—Funding Guarantee to the Financial Reporting Council;    (—)

    9.  Criminal Justice—

      (i)     Report for 2004-05 of the Criminal Justice Inspection Northern Ireland;  (—)

      (ii)     Report of the Criminal Justice Inspection Northern Ireland: Improving the Provision of Care for Victims and Witnesses within the Criminal Justice System in Northern Ireland.  (—)

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

    1.  Housing (Right of First Refusal) (England) Regulations 2005, laid under the Housing Act 1985;    (1917)

    2.  Occupational Pension Schemes (Equal Treatment) (Amendment) Regulations 2005, laid under the European Communities Act 1972 and the Pensions Act 1995;    (1923)

    3.  Excise Duties (Road Fuel Gas) (Reliefs) Regulations 2005, laid under the Hydrocarbon Oil Duties Act 1979;    (1979)

    4.  Land Registration (Amendment) (No. 2) Rules 2005, laid under the Land Registration Act 2002;    (1982)

    5.    (i)  Bank Accounts Directive (Miscellaneous Banks) (Amendment) Regulations 2005—    (1984)

      (ii)  Insurance Accounts Directive (Miscellaneous Insurance Undertakings) (Amendment) Regulations 2005—  (1985)

      (iii)  Partnerships and Unlimited Companies (Accounts) (Amendment) Regulations 2005—  (1987)

      (iv)  Insurers (Reorganisation and Winding Up) (Lloyd’s) Regulations 2005—  (1998)

      laid under the European Communities Act 1972;

    6.  Limited Liability Partnerships (Amendment) Regulations 2005, laid under the Limited Liability Partnerships Act 2000;    (1989)

    7.  Railways (Accident Investigation and Reporting) Regulations 2005, laid under the Railways and Transport Safety Act 2003;    (1992)

    8.  Registration of Civil Partnerships (Fees) Order 2005, laid under the Civil Partnership Act 2004;    (1996)

    9.  Registration of Births, Deaths and Marriages (Fees) (Amendment) Order 2005, laid under the Public Expenditure and Receipts Act 1968.    (1997)

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

    1.  Democratic Republic of the Congo (Restrictive Measures) (Overseas Territories) (Amendment) Order 2005, laid under the Saint Helena Act 1833;    (1988)

    2.  Accounts for the year ended 30th September 2004 of the House of Commons Members’ Fund, together with the Report of the Comptroller and Auditor General, laid under the House of Commons Members Fund Act 1939;

    3.  Report for 2004 of the Independent Assessor of Military Complaints Procedures in Northern Ireland, laid under the Terrorism Act 2000;

    4.    (i)  Report and Accounts for 2004-05 of the Legal Services Commission—

      (ii)     Corporate Plan for 2005-06 to 2007-08 of the Legal Services Commission—

      laid under the Access to Justice Act 1999;

    5.  Accounts for 2004-05 of the Greenwich Hospital and Travers Foundation, laid under the Armed Forces Act 1976;

    6.  Accounts for 2004-05 of the Atomic Energy Authority Act 1954, together with the Report of the Comptroller and Auditor General, laid under that Act;

    7.    (i)  Report and Accounts for the Horserace Betting Levy Board—

      (ii)     Report and Accounts for the Horserace Totalisator Board—

      laid under the Betting, Gaming and Lotteries Act 1963;

    8.  Accounts for 2004-05 of the National Biological Standards Board, together with the Report of the Comptroller and Auditor General, laid under the Biological Standards Act 1975;

    9.  Accounts for 2004-05 of the General Social Care Council, together with the Report of the Comptroller and Auditor General, laid under the Care Standards Act 2000;

    10.    (i)  Report for 2004-05 of the Charity Commissioners for England and Wales—

      (ii)     Accounts for 2004-05 of the Charity Commissioners for England and Wales—

      laid under the Charities Act 1993;

    11.  First Report on the Secretary of State’s functions by the Secretary of State for Trade and Industry and the Secretary of State for Culture, Media and Sport, laid under the Communications Act 2003;

    12.  Report and Accounts for 2004-05 of the Criminal Cases Review Commission, laid under the Criminal Appeal Act 1995;

    13.  Report and Accounts for 2004-05 of the Children and Family Court Advisory and Support Service, laid under the Criminal Justice and Court Services Act 2000;

    14.  Report and Accounts for 2004-05 of the Teacher Training Agency, laid under the Education Act 1994;

    15.    (i)  Report and Accounts for 2004-05 of the Army Base Repair Organisation Agency—

      (ii)     Report and Accounts for 2004-05 of Companies House, together with the Report of the Comptroller and Auditor General—

      (iii)     Report for 2004-05 of the Driver and Vehicle Licensing Agency, together with the Report of the Comptroller and Auditor General—

      (iv)     Accounts for 2004-05 of the Driver and Vehicle Licensing Agency, together with the Report of the Comptroller and Auditor General—

      (v)     Report and Accounts for 2004-05 of the Metereological Office, together with the Report of the Comptroller and Auditor General—

      (vi)     Report and Accounts for 2004-05 of the NHS Estates—

      (vii)     Report and Accounts for 2004-05 of the Vehicle and Operator Services Agency, together with the Report of the Comptroller and Auditor General—

      laid under the Government Trading Funds Act 1973;

    16.  Report and Accounts for 2004-05 of the Commission for Social Care Inspection, together with the Report of the Comptroller and Auditor General, laid under the Health and Social Care (Community Health and Standards) Act 2003;

    17.  Report and Accounts for 2004-05 of the Office for Fair Access, together with the Report of the Comptroller and Auditor General, laid under the Higher Education Act 2004;

    18.  Report for 2004-05 of Her Majesty’s Chief Inspector of the Magistrates’ Courts Service, laid under the Justices of the Peace Act 1997;

    19.  Report and Accounts for 2004-05 of the Alcohol Education and Research Council, laid under the Licensing (Alcohol Education and Research Act) 1981;

    20.  Accounts for 2004-05 of the South Bank Centre, laid under the Local Government Act 1985;

    21.    (i)  Report and Accounts for 2004-05 of the British Museum—

      (ii)     Report and Accounts for 2004-05 of the Imperial War Museum—

      (iii)     Report and Accounts for 2004-05 of the National Gallery—

      (iv)     Report and Accounts for 2004-05 of the National Portrait Gallery—

      (v)     Report and Accounts for 2004-05 of the Tate Gallery—

      (vi)     Report and Accounts for 2004-05 of the Victoria and Albert Museum—

      laid under the Museums and Galleries Act 1992;

    22.  Report and Accounts for 2004-05 of the Commission for Patient and Public Involvement in Health, laid under the National Health Service Reform and Healthcare Professions Act 2002;

    23.    (i)  Accounts for 2004-05 of the Arts Council of Northern Ireland Lottery Distribution, together with the Report of the Comptroller and Auditor General—

      (ii)     Accounts for 2004-05 of the Arts Council of Wales Lottery Distribution, together with the Report of the Comptroller and Auditor General—

      (iii)     Report and Accounts for 2004-05 of the Millennium Commission—

      (iv)     Accounts for 2004-05 of the Sports Council for Wales Lottery Distribution, together with the Report of the Comptroller and Auditor General—

      laid under the National Lottery etc. Act 1993;

    24.    (i)  Report for 2004-05 of the Parliamentary and Health Service Ombudsman—

      (ii)     Accounts for 2004-05 of the Parliamentary and Health Service Ombudsman—

      laid under the Parliamentary Commissioner Act 1967;

    25.    (i)  Report and Accounts for 2004-05 of the National Crime Squad, together with the Report of the Comptroller and Auditor General—

      (ii)     Report and Accounts for 2004-05 of the National Criminal Intelligence Service, together with the Report of the Comptroller and Auditor General—

      laid under the Police Act 1997;

    26.    (i)  Accounts for 2004-05 of the Consumer Council for Postal Services, together with the Report of the Comptroller and Auditor General—

      (ii)     Report and Accounts for 2004-05 of Postwatch—

      laid under the Postal Services Act 2000;

    27.  Report for 2004-05 of the Public Works Loan Board, laid under the Public Works Loans Act 1875;

    28.  Report and Accounts for 2004-05 of the Natural Environment Research Council, laid under the Science and Technology Act 1965;

    29.    (i)  Accounts for 2004-05 of the Gas and Electricity Consumer Council (Energywatch), together with the Report of the Comptroller and Auditor General—

      (ii)     Report and Accounts for 2004-05 of the Office of Gas and Electricity Markets—

      laid under the Utilities Act 2000.

Private Business

15.  Standing Orders (Private Business)—It was moved by the Chairman of Committees that the Standing Orders relating to Private Business be amended as follows:

Standing Order 150B

    Leave out Standing Order 150B and insert—

“150B   Revival of bills

(1)  Paragraphs (2) and (3) apply in any case where—

(a)  this House resolves that the promoters of a bill which—

(i)  originated in this House in an earlier session of this Parliament or in the last Parliament; and

(ii)  had not received the Royal Assent,

should have leave to proceed with the bill in the current session; and

(b)  the House of Commons concur with the resolution, or have previously passed a resolution to the like effect as the resolution of this House.

(2)  The petition for the bill shall be deemed to have been deposited and all Standing Orders applicable to it shall be deemed to have been complied with.

(3)  The bill shall be deposited in the office of the Clerk of the Parliaments not later than the fifth day on which the House sits after the passing of the resolution of this House, or (as applicable) the concurrence of the House of Commons, and a declaration, signed by the agent, shall be annexed to the bill stating that it is the same in every respect as the bill at the last stage of the proceedings on it in this House in the last Parliament or, as the case may be, the bill passed by this House.

(4)  Paragraph (5) applies in any case where—

(a)  this House resolves that the promoters of a bill which—

(i)  originated in the House of Commons in an earlier session of this Parliament or in the last Parliament; and

(ii)  had not received the Royal Assent,

should have leave to proceed with the bill in the current session; and

(b)  the House of Commons subsequently pass a resolution to the like effect as the resolution of this House.

(5)  If the bill is brought from the House of Commons in the current session, the agent for the bill shall deposit in the office of the Clerk of the Parliaments a declaration, signed by the agent, stating that the bill is the same in every respect as the bill which was brought from the Commons in the last session.

(6)  The following provisions of this Order apply in both of those cases.

(7)  The proceedings on the bill in the current session shall be pro forma in regard to every stage through which it passed in the last Parliament or, as the case may be, the last session, and no further fees shall be charged to those stages.

(8)  If there is any petition outstanding—

(a)  any such petition which stood referred to a select committee on the bill in the last Parliament or, as the case may be, the last session shall stand referred to a select committee on the bill in the current session;

(b)  any minutes of evidence taken before a select committee on the bill in the last Parliament or, as the case may be, the last session shall stand referred to a select committee on the bill in the current session;

(c)  no petitioners shall be heard before any select committee on the bill in the current session unless their petition has been presented within the time stipulated for the deposit of petitions in the last Parliament or, as the case may be, the last session or deposited pursuant to Standing Order 109(b);

(d)  Standing Order 110 shall have effect as if the words “under Standing Order 109 (Reference to committee of petitions against bill)” were omitted.

(9)  In this Order “current session” means the session of Parliament in which the resolution of this House is passed and “the last Parliament” and “the last session” shall be construed accordingly.”;

    after debate, the motion was agreed to; it was ordered that the Standing Orders relating to Private Business be printed as amended. (HL Paper 38)

16.  Liverpool City Council (Prohibition of Smoking in Places of Work) Bill [HL]—It was moved by the Lord Faulkner of Worcester that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Select Committee.

17.  London Local Authorities (Prohibition of Smoking in Places of Work) Bill [HL]—It was moved by the Baroness Howarth of Breckland that the bill be now read a second time; the motion was agreed to and the bill was committed to a Select Committee.

Public Business

18.  Standing Orders (Public Business)—It was moved by the Lord Grocott, on behalf of the Lord President (Baroness Amos), that the Standing Orders relating to public business be amended as follows:

    Standing Order 65 (Sessional Committees)

    After “Hybrid Instruments Committee” insert “Merits of Statutory Instruments Committee”;

    the motion was agreed to.

19.  Merits of Statutory Instruments—It was moved by the Chairman of Committees that the orders of reference of the Select Committee be amended to read as follows:

“(1)  The Committee shall, subject to the exceptions in paragraph (2), consider—

(a)  every instrument (whether or not a statutory instrument), or draft of an instrument, which is laid before each House of Parliament and upon which proceedings may be, or might have been, taken in either House of Parliament under an Act of Parliament;

(b)  every proposal which is in the form of a draft of such an instrument and is laid before each House of Parliament under an Act of Parliament,

with a view to determining whether or not the special attention of the House should be drawn to it on any of the grounds specified in paragraph (3).

(2)  The exceptions are—

(a)  Orders in Council, and draft Orders in Council, under paragraph 1 of the Schedule to the Northern Ireland Act 2000;

(b)  remedial orders, and draft remedial orders, under section 10 of the Human Rights Act 1998;

(c)  draft orders (including draft subordinate provisions orders) under section 1 of the Regulatory Reform Act 2001, subordinate provisions orders under that Act and proposals in the form of a draft order under that Act;

(d)  Measures under the Church of England Assembly (Powers) Act 1919 and instruments made, and drafts of instruments to be made, under them.

(3)  The grounds on which an instrument, draft or proposal may be drawn to the special attention of the House are—

(a)  that it is politically or legally important or gives rise to issues of public policy likely to be of interest to the House;

(b)  that it may be inappropriate in view of changed circumstances since the enactment of the parent Act;

(c)  that it may inappropriately implement European Union legislation;

(d)  that it may imperfectly achieve its policy objectives.

(4)  The Committee shall also consider such other general matters relating to the effective scrutiny of the merits of statutory instruments and arising from the performance of its functions under paragraphs (1) to (3) as the Committee considers appropriate, except matters within the orders of reference of the Joint Committee on Statutory Instruments.”;

    the motion was agreed to.

20.  Extradition Act 2003 (Amendment to Designations) (No. 2) Order 2005—It was moved by the Lord Bassam of Brighton that the draft Order laid before the House on 26th May be approved; the motion was agreed to.

21.  Commons Bill [HL]—It was moved by the Lord Bach that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Grand Committee.

22.  Industrial Training Levy (Engineering Construction Board) Order 2005—It was moved by the Baroness Crawley that the draft Order laid before the House on 18th May be approved; after debate, the motion was agreed to.

1.  23.  Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005—It was moved by the Baroness Byford to resolve that this House regrets that Her Majesty’s Government have not considered that the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 inappropriately implement European legislation (S.I. 2005/1605); after debate, the motion was (by leave of the House) withdrawn.

The House was adjourned at fourteen minutes before eleven 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

 
 
 
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Prepared: 21 july 2005