House of Lords
Session 2005 - 06
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Minutes and Order Papers

Minutes and Order Paper - Minutes of Proceedings

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Monday 5th June 2006

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

PRAYERS were read by the Lord Bishop of Norwich.

1.  Lord Cotter—Brian Joseph Michael Cotter Esquire, having been created Baron Cotter, of Congresbury in the County of Somerset, for life by Letters Patent dated in the forenoon of 30th May 2006, was introduced between the Lord Redesdale and the Baroness Northover, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

2.  Lord Taylor of Holbeach—John Derek Taylor Esquire, CBE, having been created Baron Taylor of Holbeach, of South Holland in the County of Lincolnshire, for life by Letters Patent dated in the forenoon of 31st May 2006, was introduced between the Baroness Byford and the Lord Hodgson of Astley Abbotts, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

Judicial Business

3.  Kay and others and another (FC) (Appellants) v. London Borough of Lambeth and others (Respondents)—Further to the Order of the House of Wednesday 8th March 2006 (41st Report Session 2005-06; [2006] UKHL 10), it was ordered that the appellants do pay or cause to be paid the costs of the London Borough of Lambeth, first respondent, in this House, the amount which it is reasonable for them to pay to include one leading counsel and two junior counsel and to be certified by the Clerk of the Parliaments in accordance with section 11 of the Access to Justice Act 1999 and the regulations made thereunder; that the costs of the appellants in this House be taxed in accordance with the Access to Justice Act 1999, such costs to include one leading counsel and two junior counsel; and that, on the question of costs in the courts below, the Order of Her Majesty’s Court of Appeal of 20th July 2004 and also the Orders of His Honour Judge Cooke sitting at Central London County Court of 13th December 2002 and 19th December 2003 be affirmed.

4.  In re G (children) (England)—The appeal of CG was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 17th July (lodged 25th May).

5.  Ceredigion County Council (Respondents) v. Jones (FC) and others (FC) (Appellants) (England)—The appeal of Matthew Eifion Jones, Byron Rees and Aled James was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 17th July.

6.  KM (Petitioner) v. Secretary of State for the Home Department (Respondent)—The petition of KM praying for leave to appeal was presented and referred to an Appeal Committee (lodged 31st May).

7.  Her Majesty’s Revenue and Customs (Petitioners) v. Edinburgh’s Telford College (Respondents)—The petition of the Commissioners for Her Majesty’s Revenue and Customs praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

8.  Riverside Housing Association Limited (Appellants) v. White (FC) and another (FC) (Respondents)—The petition of the Housing Corporation praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.

9.  Masri (Respondent) v. Consolidated Contractors International (UK) Limited and others (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 31st May).

10.  Moncrieff (AP) and another (AP) (Respondents) v. Jamieson and others (Appellants) (Scotland)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 1st June).

11.  Kola (FC) and another (FC) (Appellants) v. Secretary of State for Work and Pensions (Respondent)—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 7th July (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 26th May).

12.  Scrabster Harbour Trust (Appellants) v. Mowlem plc (trading as Mowlem Marine) (Respondents) (Scotland)—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 31st July (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

13.  Mowlem Marine (Respondents) v. Scrabster Harbour Trust (formerly known as Trustees of the Harbour of Scrabster) (Appellants) (Scotland)—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 31st July (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

14.  Wilson (Respondent) v. Jaymarke Estates Limited and another (Appellants) (Scotland)—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 3rd July (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

15.  Jones (Respondent) v. Garnett (Her Majesty’s Inspector of Taxes) (Appellant)—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 17th July (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

16.  Scrabster Harbour Trust (Appellants) v. Mowlem plc (trading as Mowlem Marine) (Respondents) (Scotland)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.

17.  Mowlem Marine (Respondents) v. Scrabster Harbour Trust (formerly known as Trustees of the Harbour of Scrabster) (Appellants) (Scotland)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.

Papers

18.  Instruments withdrawn—The following instruments, laid before the House on 22nd May, were withdrawn:

    1.  Draft Regulation of Investigatory Powers (Communications Data) (Additional Functions and Amendment) Order 2006;

    2.  Draft Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2006.

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

    1.  Commercial Debts—Exchange of Notes between the United Kingdom and Nigeria concerning Certain Commercial Debts (The United Kingdom/Nigeria Debt Agreement No. 5 (2005)); (30th May)    (6847)

    2.  Commercial Debts—Exchange of Notes between the United Kingdom and Iraq concerning Certain Commercial Debts (The United Kingdom/Iraq Debt Agreement No. 1 (2004)). (31st May)    (6848)

20.  Statutory Instruments (Standing Order 71)—The following instruments, having been laid before the House on the dates shown, were ordered to lie on the Table:


Title, etc.
S.I. No.
2006
Date of
Laying
Negative instruments
Civil Aviation (Safety of Third-Country Aircraft) Regulations 2006, laid under the European Communities Act 1972;138426th May
Police (Complaints and Misconduct) (Amendment) Regulations 2006, laid under the Police Reform Act 2002;140626th May

Title, etc.
S.I. No.
2006
Date of
Laying
Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2006, laid under the Immigration Act 1971;14211st June
(i)

    National Health Service (Performers Lists) Amendment Regulations 2006—

13852nd June
(ii)

    Health Authorities (Membership and Procedure) Amendment (England) Regulations 2006—

13932nd June
(ii

    i) Strategic Health Authorities (Establishment and Abolition) (England) Order 2006—

14082nd June

    laid under the National Health Service Act 1977;

Plastic Materials and Articles in Contact with Food (England) Regulations 2006, laid under the Food Safety Act 1990;14012nd June
General Dental Council (Professions Complementary to Dentistry) Regulations Order of Council 2006, laid under the Dentists Act 1984;14402nd June
Police (Promotion) (Amendment) Regulations 2006, laid under the Police Act 1996.14422nd June
21.

    Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:

    1.    (i)  Draft Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Amendment Regulations 2006, together with an Explanatory Memorandum—

      (ii)  Draft Pensions Appeal Tribunals (Additional Rights of Appeal) (Amendment) Regulations 2006, together with an Explanatory Memorandum—

      laid under the Pensions Appeal Tribunals Act 1943;

    2.  (i)  Draft Regulation of Investigatory Powers (Communications Data) (Additional Functions and Amendment) Order 2006, together with an Explanatory Memorandum—

      (ii)    Draft Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2006, together with an Explanatory Memorandum—

      laid under the Regulation of Investigatory Powers Act 2000;

    3.  Draft National Minimum Wage Regulations 1999 (Amendment) Regulations 2006, laid under the National Minimum Wage Act 1998, together with an Explanatory Memorandum;

    4.  Draft Water and Sewerage Services (Miscellaneous Provisions) (Northern Ireland) Order 2006, laid under the Northern Ireland Act 2000, together with an Explanatory Memorandum.

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

    1.  Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006, laid under the Armed Forces (Pensions and Compensation) Act 2004;  (1438)

    2.  Electromagnetic Compatibility (Amendment) Regulations 2006, laid under the European Communities Act 1972.  (1449)

Select Committee Report

23.  Procedure of the House—The 5th Report from the Select Committee was made and ordered to be printed. (HL Paper 197)

Private Business

24.  Leicester City Council Bill—The following petition praying to be heard against the bill was deposited:

Petition No.PetitionersAgent
1.Stuart George ThompsonMr Stuart George Thompson
25.

    Liverpool City Council Bill—The following petitions praying to be heard against the bill were deposited:

Petition No.PetitionersAgent
1.Barry ClementsChristopher Topping, Jackson & Canter Solicitors
2.Stuart George ThompsonMr Stuart George Thompson
26.

    Maidstone Borough Council Bill—The following petition praying to be heard against the bill was deposited:

Petition No.PetitionersAgent
1.Stuart George ThompsonMr Stuart George Thompson
Public Business

27.  National Health Service Bill [HL]—A bill to consolidate certain enactments relating to the health service was presented by the Lord Falconer of Thoroton, read a first time and ordered to be printed. (HL Bill 118)

28.  National Health Service (Wales) Bill [HL]—A bill to consolidate certain enactments relating to the health service was presented by the Lord Falconer of Thoroton, read a first time and ordered to be printed. (HL Bill 119)

29.  National Health Service (Consequential Provisions) Bill [HL]—A bill to make provision for repeals, revocations, consequential amendments, transitional and transitory modifications and savings in connection with the consolidation of enactments in the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 was presented by the Lord Falconer of Thoroton, read a first time and ordered to be printed. (HL Bill 120)

30.  Police and Justice Bill—It was moved by the Baroness Scotland of Asthal that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Committee of the Whole House.

31.  Report of the Science and Technology Committee on Ageing: Scientific Aspects (First Report, HL Paper 20)—The Grand Committee reported that it had considered the Report.

32.  History teaching—The Lord Luke asked Her Majesty’s Government whether the teaching of history in schools in England and Wales is satisfactory; after debate, the question was answered by the Lord Adonis.

The House was adjourned at twenty minutes before nine 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.

    Report of the Science and Technology Committee on Ageing: Scientific Aspects (First Report, HL Paper 20)—It was moved by the Lord Sutherland of Houndwood that the Grand Committee do report to the House that it has considered the Report of the Science and Technology Committee on Ageing: Scientific Aspects; after debate, the motion was agreed to.

The Committee was adjourned at five minutes before six o’clock.

 
 
 
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Prepared: 6 june 2006