HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Wednesday 17th May 2006
The House met at a quarter before ten o’clock.
PRAYERS were read by the Lord Bishop of Salisbury.
1. Leave of Absence—Leave of absence was granted to the Lord Chancellor for Friday 19th May.
Judicial Business
2. Agassi (Respondent) v. Robinson (Her Majesty’s Inspector of Taxes) (Appellant)—It was moved by the Lord Nicholls of Birkenhead, That the 54th 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 the Court of Appeal of 19th November 2004 be set aside and the Order of Mr Justice Lightman in the High Court of Justice Chancery Division of 17th March 2004 and also the decision of the Special Commissioners of 29th July 2003 restored; that the respondent do pay or cause to be paid to the appellant his costs in this House, in Her Majesty’s Court of Appeal and in the High Court of Justice Chancery Division; and that there be no order for costs in respect of proceedings before the Special Commissioners. [2006] UKHL 23
3. Ali (FC) (Respondent) v. Headteacher and Governors of Lord Grey School (Appellants)—Further to the Order of the House of 22nd March 2006 (45th Report Session 2005-06; [2006] UKHL 14), it was ordered that the respondent do pay or cause to be paid to the appellants their costs in Her Majesty’s Court of Appeal and in this House, the amounts of such costs, if any, to be paid by the respondent and to be paid out of the Community Legal Service Fund to be determined by a Costs Judge for those costs incurred in Her Majesty’s Court of Appeal and to be certified by the Clerk of the Parliaments for those costs incurred in this House in accordance with regulations pursuant to section 11 of the Access to Justice Act 1999; and that the costs of the respondent be taxed in accordance with the Access to Justice Act 1999.
4. R (on the application of Begum (by her litigation friend, Rahman)) (Respondent) v. Headteacher and Governors of Denbigh High School (Appellants)—Further to the Order of the House of 22nd March 2006 (46th Report Session 2005-06; [2006] UKHL 15), it was ordered that the respondent do pay or cause to be paid to the appellants their costs in Her Majesty’s Court of Appeal and in this House, the amounts of such costs, if any, to be paid by the respondent and to be paid out of the Community Legal Service Fund to be determined by a Costs Judge for those costs incurred in Her Majesty’s Court of Appeal and to be certified by the Clerk of the Parliaments for those costs incurred in this House in accordance with regulations pursuant to section 11 of the Access to Justice Act 1999; and that the costs of the respondent be taxed in accordance with the Access to Justice Act 1999.
5. Mallett & Son (Antiques) Limited (Petitioner) v. Grosvenor West End Properties and others (Respondents)—The petition of Mallett & Son (Antiques) Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 21st April).
6. Saber (AP) (Appellant) v. Secretary of State for the Home Department (Respondent) (Scotland)—The appellant’s legal aid certificate was lodged.
The House was adjourned during pleasure.The House was resumed.
Papers
7. Command Papers—The following papers, having been presented to the House by command of Her Majesty, were ordered to lie on the Table:
1. Treaty Series—Index to Treaty Series 2005; (6795)
2. Foreign and Commonwealth Office—Departmental Report for 2005-06 of the Foreign and Commonwealth Office. (6823)
8. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft Human Tissue Act 2004 (Persons who Lack Capacity to Consent and Transplants) Regulations 2006, laid under the Human Tissues Act 2004, together with an Explanatory Memorandum; (—)
2. Draft Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No. 3) Order 2006, laid under the Constitutional Reform Act 2005, together with an Explanatory Memorandum. (—)
9. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Planning and Compulsory Purchase Act 2004 (Commencement No. 9 and Consequential Provisions) Order 2006, laid under the Planning and Compulsory Purchase Act 2004; (1281)
2. (i) Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006— (1282)
(ii) Planning (National Security Directions and Appointed Representatives) (England) Rules 2006— (1284)
laid under the Town and Country Planning Act 1990;
3. Planning (Listed Buildings, Conservation Areas and Hazardous Substances) (Amendment) (England) Regulations 2006, laid under the Planning (Listed Buildings and Conservation Areas) Act 1990; (1283)
4. (i) Protection of Wrecks (Designation) (England) (No.2) Order 2006— (1340)
(ii) Protection of Wrecks (Designation) (England) (No.3) Order 2006— (1342)
laid under the Protection of Wrecks Act 1973.
10. Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:
Report and Accounts for 2005 of the British Board of Film Classification (BBFC), laid under the Video Recordings Act 1984.
Select Committee Reports
11. Economic Affairs—The 5th Report from the Select Committee, Government Policy on the Management of Risk, was made and ordered to be printed. (HL Paper 183)
12. Statutory Instruments—The 26th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:
Draft Immigration (Provision of Physical Data) Regulations 2006;
Draft Serious Organised Crime and Police Act 2005 (Amendment of Section 61(1)) Order 2006;
it was ordered that the Report be printed. (HL Paper 184)
Private Business
13. HBOS Group Reorganisation Bill—The bill was read a third time and passed.
Public Business
14. Legislative and Regulatory Reform Bill—A bill to enable provision to be made for the purpose of removing or reducing burdens resulting from legislation, promoting regulatory principles and implementing recommendations of the Law Commission, the Scottish Law Commission and the Northern Ireland Law Commission; to make provision about the exercise of regulatory functions; to make provision about the interpretation of legislation relating to the European Communities and the European Economic Area; to make provision relating to section 2(2) of the European Communities Act 1972; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 109)
15. Legislative and Regulatory Reform Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 109-EN)
16. Business of the House—It was moved by the Lord Rooker, on behalf of the Lord President (Baroness Amos), that the Report of the Select Committee on Science and Technology on Ageing: Scientific Aspects (First Report, HL Paper 20) be referred to a Grand Committee; the motion was agreed to.
17. Economic Affairs Committee—It was moved by the Chairman of Committees, on behalf of the Committee of Selection, that the Lord Oakeshott of Seagrove Bay be appointed a member of the Select Committee in the place of the Lord Roper; the motion was agreed to.
18. European Union Committee—It was moved by the Chairman of Committees, on behalf of the Committee of Selection, that the Lord Roper be appointed a member of the Select Committee in the place of the Lord Goodhart; the motion was agreed to.
19. Information Committee—It was moved by the Chairman of Committees, on behalf of the Committee of Selection, that the Lord Jones of Cheltenham be appointed a member of the Select Committee in the place of the Lord Smith of Clifton; the motion was agreed to.
20. Violent Crime Reduction Bill—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; an amendment was agreed to (see division list 1); the House was resumed.
21. Conventions—A message was brought from the Commons that they concur with the Lords message of 25th April relating to Conventions, and have made the following orders:
That, accepting the primacy of the House of Commons, a Select Committee of 11 Members be appointed to join with a Committee appointed by the House of Lords as the Joint Committee on Conventions, to consider the practicality of codifying the key conventions on the relationship between the two Houses of Parliament which affect the consideration of legislation, in particular:
(A) the Salisbury-Addison convention that the Lords does not vote against measures included in the governing party’s Manifesto;
(B) conventions on secondary legislation;
(C) the convention that Government business in the Lords should be considered in reasonable time;
(D) conventions governing the exchange of amendments to legislation between the two Houses;
and that the Committee should report by Friday 21st July 2006;
That the Committee shall have power—
(i) to send for persons, papers and records;
(ii) to sit notwithstanding any adjournment of the House;
(iii) to report from time to time;
(iv) to appoint specialist advisers;
(v) to adjourn from place to place within the United Kingdom.
22. Legal Services—A message was brought from the Commons that they concur with the Lords that it is expedient that a Joint Committee of Lords and Commons be appointed to consider and report on any draft Legal Services Bill presented to both Houses by a Minister of the Crown, and that the Committee should report on the draft Bill by 25th July 2006, and have ordered:
That the Committee shall have power—
(i) to send for persons, papers and records;
(ii) to sit notwithstanding any adjournment of the House;
(iii) to report from time to time;
(iv) to appoint specialist advisers; and
(v) to adjourn from place to place within the United Kingdom;
That the quorum of the Committee shall be two; and
That Mr David Burrowes, Michael Jabez Foster, John Hemming, Stephen Hesford, Mr David Kidney and Emily Thornberry be members of the Committee.
23. Planning (Application to the Houses of Parliament) Order 2006—It was moved by the Baroness Andrews that the draft Order laid before the House on 19th April be approved; after debate, the motion was agreed to.
24. Private Tenancies (Northern Ireland) Order 2006—It was moved by the Lord Rooker that the draft Order laid before the House on 24th April be approved; after debate, the motion was agreed to.
1. 25. Wireless Telegraphy (Pre-Consolidation Amendments) Order 2006—It was moved by the Lord Sainsbury of Turville that the draft Order laid before the House on 27th April be approved; after debate, the motion was agreed to.
The House was adjourned during pleasure.The House was resumed.
26. Violent Crime Reduction Bill—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; an amendment was disagreed to (see division list 2); the House was resumed after clause 25 stood part.
The House was adjourned at twenty-nine minutes before ten o’clock till tomorrow, eleven o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
