HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Wednesday 3rd May 2006
The House met at a quarter before ten o’clock.
PRAYERS were read by the Lord Bishop of St Albans.
Judicial Business
1. R v. Saik (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—It was moved by the Lord Nicholls of Birkenhead, That the 49th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed; that the Order of Her Majesty’s Court of Appeal Criminal Division of 24 November 2004 be set aside and the appellant’s conviction at Kingston-upon-Thames Crown Court on 18 October 2002 quashed; and that the questions of law certified by Her Majesty’s Court of Appeal Criminal Division of 26 May 2005 be answered in accordance with the opinions expressed in this. [2006] UKHL 18
2. Secretary of State for Trade and Industry (Respondent) v. Rutherford and another (FC) (Appellants) and others—It was moved by the Lord Nicholls of Birkenhead, That the 50th 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 3 September 2004 and also the Order of the Employment Appeal Tribunal of 2 October 2003 be affirmed and the appeal dismissed; that the appellants do pay or cause to be paid to the respondent his costs in this House but that this costs order be not enforced without leave of this House; that, if such leave be given, the costs, if any, to be paid by the appellants 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; and that the costs of the appellants be taxed in accordance with the Access to Justice Act 1999. [2006] UKHL 19
3. Barker (Respondent) v. Corus (UK) plc (Appellants) (formerly Barker (Respondent) v. Saint Gobain Pipelines plc (Appellants))—
4. Patterson (son and executor of the estate of J Patterson (deceased)) (Respondent) v. Smiths Dock Limited (Appellants) and others—
5. Murray (widow and executrix of the estate of John Lawrence Murray (deceased)) (Respondent) v. British Shipbuilders (Hydrodynamics) Limited (Appellants) and others and others (Appellants)—
It was moved by the Lord Hoffmann, That the 51st Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that: in the appeal of Barker v. Corus (UK) plc (formerly Barker v. Saint Gobain Pipelines plc), that the appeal be allowed and the Order of Her Majesty’s Court of Appeal of 5 May 2004 set aside; that, to the extent only of the amount of damages awarded against the appellants and any orders regarding costs, the Order of the High Court of Justice Queen’s Bench Division Manchester District Registry of 23 May 2003 also be set aside; that the Cause be remitted back to the High Court of Justice Queen’s Bench Division Manchester District Registry to redetermine the amount of damages to be awarded against the appellants by reference to the proportion of the risk attributable to the breach of duty by John Summers Limited; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days: in the appeal of Murray v British Shipbuilders (Hydrodynamics) Limited and others and others, that the appeal be allowed and the Order of Her Majesty’s Court of Appeal of 5 May 2004 set aside; that, to the extent only of the amount of damages awarded against the appellants and of any orders regarding costs, the Order of Mr Recorder Hirst sitting at Newcastle-upon-Tyne County Court of 24 March 2004 also be set aside; that the Cause be remitted back to Newcastle-upon-Tyne County Court to redetermine the amount of damages to be awarded against the appellants by reference to the share of risk attributable to the breaches of duty by them; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days: in the appeal of Patterson v Smiths Dock Limited and others, that the appeal be allowed and the Order of Her Majesty’s Court of Appeal of 5 May 2004 set aside; that, to the extent only of the amount of damages awarded against the appellants and of any orders regarding costs, the Order of Mr Recorder Nolan QC at Newcastle-upon-Tyne County Court of 22 January 2004 also be set aside; that the Cause be remitted back to Newcastle-upon-Tyne County Court to redetermine the amount of damages to be awarded against the appellants by reference to the share of risk attributable to the breaches of duty by them; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2006] UKHL 20
6. Gover and others (Petitioners) v. Propertycare Limited (Respondents)—The petition of T Gover, B Lewis, I McDougall, M Buckley, N Lunn, W Weir, I Macleod, J Hall and V Stevenson praying for leave to appeal was presented and referred to an Appeal Committee (lodged 26th April).
7. Seal (FC) (Appellant) v. Chief Constable of South Wales Police (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee.
The House was adjourned during pleasure.The House was resumed.
Papers
8. Command Paper—The following paper, having been presented to the House by command of Her Majesty, was ordered to lie on the Table:
Compensation—Government Response to the Reports of the House of Commons Constitutional Affairs Select Committee on Compensation Culture and the NHS Redress Bill. (6784)
9. Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:
Draft Serious Organised Crime and Police Act 2005 (Amendment of Section 61(1)) Order 2006, laid under the Serious Organised Crime and Police Act 2005, together with an Explanatory Memorandum.
10. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. M6 Toll (Speed Limit) Regulations 2006, laid under the Road Traffic Regulation Act 1984; (1185)
2. Registered Designs Act 1949 and Patents Act 1977 (Electronic Communications) Order 2006, laid under the Electronic Communications Act 2000; (1229)
3. Departments (Transfer of Functions) Order (Northern Ireland) 2006, laid under the Northern Ireland Act 2000. (—)
Select Committee Reports
11. Refreshment—The First Report of the Refreshment Committee was made and ordered to be printed. (HL Paper 171)
12. Procedure of the House—The 4th Report from the Select Committee was made and ordered to be printed. (HL Paper 172)
Private Business
13. HBOS Group Reorganisation Bill—The bill was read a second time and committed to an Unopposed Bill Committee.
Public Business
14. Standing Orders (Public Business)—It was moved by the Lord President (Baroness Amos) that the Standing Orders relating to public business be amended as follows:
Standing Order 17 (Recall of the House)
In paragraph (3), leave out “the Lord Chancellor or, in his absence,”
New Standing Order 18A (Election of Lord Speaker)
(1) The first election of the Lord Speaker shall be held no later than 30th June 2006. Thereafter elections shall be held (a) no more than five years after the previous election, or (b) within three months of the death of the Lord Speaker, or his giving notice of resignation, if sooner. If, after a date has been set in accordance with (a) or (b), a Dissolution of Parliament is announced, the applicable deadline shall be extended to one month after the opening of the next Parliament.
(2) All members of the House shall be entitled to stand for election and to vote, save that (a) Lords who have not taken the Oath in the current Parliament, or who are on Leave of Absence, may not stand or vote and (b) a Lord who has been successful in two previous elections may not stand. Before they can stand, candidates shall require a proposer and a seconder, who must themselves be eligible to stand.
(3) The election shall be conducted in accordance with arrangements made by the Clerk of the Parliaments. The Clerk of the Parliaments may refer any question concerning the propriety of the electoral process to the Committee for Privileges.
(4) In the event of a tie between two or more candidates, the matter (if not resolved by the electoral arrangements adopted by the House) shall be decided by the drawing of lots.
(5) The result of the election shall be subject to the approval of Her Majesty The Queen.
(6) The Chairman of Committees may act during any vacancy in the office of Speaker.
(7) The Lord Speaker may resign at any time by giving written notice to the Leader of the House.
(8) If the House passes a motion for an Address to Her Majesty seeking the Lord Speaker’s removal from office, the Lord Speaker shall be deemed to have resigned.
Standing Order 87 (Appellate and Appeal Committees)
In paragraph (4), leave out “by the Lord Chancellor or, in his absence,”
With effect from the election of a Lord Speaker under Standing Order 18A:
Standing Order 17 (Recall of the House)
In paragraph (1), leave out “If, during any adjournment of the House, the Lord Chancellor is satisfied that the public interest requires that the House should meet at a time earlier than that appointed” and insert “If, during any adjournment of the House, the Lord Speaker, after consultation with Her Majesty’s Government, is satisfied that the public interest requires that the House should meet at a time earlier than that appointed”
In paragraph (2), leave out “Lord Chancellor” and insert “Lord Speaker”
Standing Order 18 (Speaker of the House)
Leave out whole Standing Order and insert—
18.—It is the duty of the Lord Speaker ordinarily to attend the Lords House of Parliament as Speaker of the House; and in case the Lord Speaker be absent, his place on the Woolsack or in the Chair may be taken either by a Deputy Speaker, authorised under the Great Seal from the Queen to supply that place, or by a Deputy Chairman, appointed by the House; and if neither a Deputy Speaker nor a Deputy Chairman be present, the Lords may then choose their own Speaker during that vacancy.
Standing Order 19 (The Lord Chancellor)
Leave out whole Standing Order
Standing Order 52 (Joint Committee on Consolidation Bills)
Leave out “on the recommendation of the Lord Chancellor”
Standing Order 63 (Committees of the Whole House)
Leave out “Whenever the House resolves itself into a Committee, the Lord Chancellor leaves the Woolsack and the Lord Chairman of Committees presides over the Committee” and insert “Whenever the House resolves itself into a Committee, the Lord Speaker leaves the Woolsack and he or the Lord Chairman of Committees presides over the Committee from the Chair”
Standing Order 72 (Notifications)
Leave out “Lord Chancellor” and insert “Lord Speaker”
Standing Order 76 (Proceedings upon opening the Parliament)
In paragraph (1), leave out “Lord Chancellor” and insert “Lord Speaker”
In paragraph (2), leave out “Lord Chancellor” and insert “Lord Speaker”
Standing Order 79 (Claims of Peerage)
In paragraph (2), leave out “Lord Chancellor” and insert “Lord Speaker”;
the motion was agreed to; it was ordered that the amendments be printed. (HL Paper 173)
1. 15. Electoral Administration Bill—It was moved by the Baroness Ashton of Upholland that the bill be recommitted to a Committee of the Whole House in respect of amendments dealing with the regulation of loans to, and corresponding transactions concerning, political parties; the motion was agreed to.
16. Wireless Telegraphy Bill [HL]—It was moved by the Lord Falconer of Thoroton that the bill be now read a second time; the motion was agreed to and the bill was committed to the Joint Committee on Consolidation Bills.
17. Dynamic Demand Appliances Bill [HL]—The order of commitment was discharged.
18. Government of Wales Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; an amendment was agreed to; the House was resumed.
19. Safeguarding Vulnerable Groups Bill [HL]—The bill was reported from the Grand Committee with amendments; it was ordered that the bill be printed as amended. (HL Bill 101)
20. Transfer of Undertakings (Protection of Employment) Regulations 2006—It was moved by the Lord Hunt of Wirral to resolve that this House calls upon Her Majesty’s Government to revoke the Regulations laid before the House on 7th February (S.I. 2006/246); after debate, the motion was disagreed to (see division list).
The House was adjourned during pleasure.The House was resumed.
21. Government of Wales Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed after amendment 59.
The House was adjourned at three minutes past ten 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 a quarter before four o’clock.
Safeguarding Vulnerable Groups Bill [HL]—The bill was further considered in the Grand Committee; amendments were agreed to; amendments were moved and (by leave of the Committee) withdrawn; it was ordered that the bill be reported with amendments.
The Committee was adjourned at one minute past seven o’clock. |
