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

Wednesday 14th June 2006

The House met at a quarter before ten o’clock.

PRAYERS were read by the Lord Bishop of Coventry.

Judicial Business

1.  Jones (Respondent) v. Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of Saudi Arabia) (Appellants)—

2.  Mitchell and others (Respondents) v. Al-Dali and others and Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of Saudi Arabia)(Appellants)—

3.  Jones (Appellant) v. Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of Saudi Arabia) (Respondents)—

    (Conjoined Appeals)—

    It was moved by the Lord Bingham of Cornhill, That the 57th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged, in the appeal of the Kingdom of Saudi Arabia against Jones, that the appeal be allowed; that paragraphs (2) and (3) of the Order of Her Majesty’s Court of Appeal of 28th October 2004 be set aside and paragraphs (1) and (2) of the Order of Master Whitaker in the High Court of Justice Queen’s Bench Division of 16th September 2003 restored; and that there be no order for costs in the appeal to this House: in the appeal of the Kingdom of Saudi Arabia against Mitchell and others, that the appeal be allowed; that paragraphs (1) and (2) of the Order of Her Majesty’s Court of Appeal of 28th October 2004 be set aside and paragraph (1) of the Order of Master Whitaker in the High Court of Justice Queen’s Bench Division of 20th February 2004 restored; and that there be no order for costs in the appeal to this House: in the appeal of Jones against the Kingdom of Saudi Arabia, that the Order of Her Majesty’s Court of Appeal of 28th October 2004, save for paragraphs (2) and (3), be affirmed and the appeal dismissed; and that there be no order for costs in the appeal to this House. [2006] UKHL 26

4.  Horton (Original Appellant and Cross-respondent) v. Sadler and another (Original Respondents and Cross-appellants)—

    It was moved by the Lord Bingham of Cornhill, That the 58th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed and the cross-appeal dismissed; that the Order of Her Majesty’s Court of Appeal of 28th June 2004 and the Order in respect of the second action of His Honour Judge Roger Cooke in the County Court at Salford of 7th May 2003 be set aside; that the cause be remitted to the County Court at Salford for redetermination in light of the opinions expressed in this House; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2006] UKHL 25

5.  Appeal Committee—The following Order was made pursuant to the 96th Report:

    R (on the application of S (FC) and another (FC) by their litigation friend HS) (Petitioners) v. London Borough of Wandsworth (Respondents)—That leave to appeal be refused; that the costs of the petitioners be taxed in accordance with the Access to Justice Act 1999; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

6.  Appeal Committee—The 106th Report from the Appeal Committee was agreed to and the following Orders were made—

    Koninklijke Philips Electronics NV (a Dutch company) (Petitioners) v. Remington Consumer Products Limited and others (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Grieves (Petitioner) v. F T Everard & Sons Limited and others (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 28th June.

    Davis and another (Petitioners) v. Richard Reed (Transport) Limited (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Holden (Her Majesty’s Inspector of Taxes) (Petitioner) v. Wood and another (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    EB (Respondent) v. BA (Petitioner)—That leave to appeal be refused.

    Cyganik (Petitioner) v. Agulian and others (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Koninklijke Philips Electronics NV (a Dutch company) (Respondents) v. Remington Consumer Products Limited and others (Petitioners)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

The House was adjourned during pleasure.The House was resumed.

Papers

7.  Command Paper—The following paper, having been presented to the House by command of Her Majesty, was ordered to lie on the Table:

    Parliamentary Costs Bill—Report of the Law Commission and the Scottish Law Commission on the consolidation of legislation relating to parliamentary costs.    (6846)

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

    1.  Draft Motor Vehicles (Wearing of Seating Belts) (Amendment) Regulations 2006, laid under the European Communities Act 1972, together with an Explanatory Memorandum;

    2.  Draft Police and Criminal Evidence Act 1984 (Code of Practice C and Code of Practice H) Order 2006, laid under the Police and Criminal Evidence Act 1984, together with an Explanatory Memorandum;

    3.  Draft Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006, laid under the Private Security Industry Act 2001, together with an Explanatory Memorandum.

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

    1.  Home Information Pack Regulations 2006, laid under the Housing Act 2004;  (1503)

    2.  Social Security (Categorisation of Earners) (Amendment) Regulations 2006, laid under the Social Security Contributions and Benefits Act 1992;  (1530)

    3.  Social Security (Categorisation of Earners) (Amendment) (Northern Ireland) Regulations 2006, laid under the Social Security Contributions and Benefits (Northern Ireland) Act 1992;  (1531)

    4.  (i)  Cattle Identification (Amendment) Regulations 2006—  (1538)

      (ii)  Cattle Database (Amendment) Regulations 2006—  (1539)

      (iii)  Eggs (Marketing Standards) (Amendment) (England and Wales) Regulations 2006—   (1540)

      laid under the European Communities Act 1972.

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

    1.  Report for 2005-06 on Miscellaneous Duty Reliefs, laid under the European Communities Act 1972;

    2.  Report for 2005-06 of the Law Commission, laid under the Law Commissions Act 1965;

    3.  Report and Accounts for 2004-05 of Enterprise Ulster, laid under the Northern Ireland Act 2000;

    4.    (i)  Draft Code of Practice for The Detention, Treatment and Questioning of Persons by Police Officers (Code C)—

      (ii)     Draft Code of Practice in connection with the detention, treatment and questioning by Police Officers of persons under section 41 of, and Schedule 8 to, the Terrorism Act 2000 (Code H)—

      laid under the Police and Criminal Evidence Act 1984;

    5.    (i)  Report for 2005-06 of the Assets Recovery Agency—

      (ii)    Report for 2005-06 of the Appointed Person for England and Wales and Northern Ireland, concerning the exercise of powers under the Proceeds of Crime Act 2002 during the period—

      laid under the Proceeds of Crime Act 2002.

Select Committee Reports

11.  Delegated Powers and Regulatory Reform—The following Report from the Select Committee was made and ordered to be printed:

    22nd Report, on the following bills:

      Police and Justice Bill;

      Northern Ireland (Miscellaneous Provisions) Bill;

      Health Bill—Government Amendment for Report Stage. (HL Bill 205)

12.  Statutory Instruments—The 29th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

      Draft European Organization for Nuclear Research (Privileges and Immunities) Order 2006;

      Draft Pensions Appeal Tribunals (Additional Rights of Appeal) (Amendment) Regulations 2006;

      Draft Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Amendment Regulations 2006;

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

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

      Draft Representation of the People (Form of Canvass) (England and Wales) Regulations 2006;

      Draft Representation of the People (Form of Canvass) (Scotland) Regulations 2006;

      Draft Scotland Act 1998 (River Tweed) Order 2006;

    it was ordered that the Report be printed. (HL Paper 207)

Public Business

13.  Parliamentary Costs Bill [HL]—A bill to consolidate the House of Commons Costs Taxation Act 1847, the House of Lords Costs Taxation Act 1849, the Parliamentary Costs Act 1865, the Parliamentary Costs Act 1867, the Parliamentary Costs Act 1871 and the House of Commons Costs Taxation Act 1879, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission was presented by the Lord Falconer of Thoroton, read a first time and ordered to be printed. (HL Bill 124)

14.  Electoral Administration Bill—The bill was returned from the Commons with an amendment disagreed to with a reason for such disagreement and with the remaining Lords amendments agreed to; the reason was ordered to be printed. (HL Bill 125)

15.  Northern Ireland (Miscellaneous Provisions) Bill—It was moved by the Lord Rooker that it be an instruction to the Grand Committee to which the Northern Ireland (Miscellaneous Provisions) Bill has been committed that they consider the bill in the following order:

Clauses 1 to 14
Schedule 1
Clauses 15 to 17
Schedule 2
Clauses 18 to 26
Schedule 3
Clauses 27 to 30
Schedules 4 and 5
Clauses 31 to 33;
the motion was agreed to.

1.  16.  Liaison—It was moved by the Chairman of Committees that the 2nd Report from the Select Committee be agreed to; then it was moved by the Lord Fowler, as an amendment thereto, at end to insert “except that the proposal for a permanent Select Committee on Broadcasting, the Media, and Communications, should be reconsidered by the Liaison Committee”; after debate, the amendment was agreed to; then the original motion, as amended, was agreed to.

17.  Climate Change and Sustainable Energy Bill—The order of commitment was discharged.

18.  Armed Forces Bill—It was moved by the Lord Drayson 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.

19.  Animal Welfare Bill—The bill was reported from the Grand Committee with amendments; it was ordered that the bill be printed as amended. (HL Bill 126)

20.  Army, Air Force and Naval Discipline Acts (Continuation) Order 2006—It was moved by the Lord Drayson that the draft Order laid before the House on 27th April be approved; after debate, the motion was agreed to.

21.  Courts-Martial (Prosecution Appeals) Order 2006—It was moved by the Lord Drayson that the draft Order laid before the House on 22nd May be approved; after debate, the motion was agreed to.

22.  Immigration (Provision of Physical Data) Regulations 2006—It was moved by the Baroness Scotland of Asthal that the draft Regulations laid before the House on 2nd May be approved; after debate, the motion was agreed to.

23.  Serious Organised Crime and Police Act 2005 (Amendment of Section 61(1)) Order 2006—It was moved by the Baroness Scotland of Asthal that the draft Order laid before the House on 3rd May be approved; after debate, the motion was agreed to.

24.  Intelligence and security services—The Lord Hamilton of Epsom asked Her Majesty’s Government what plans they have for reform of the intelligence and security services; after debate, the question was answered by the Baroness Scotland of Asthal.

The House was adjourned at half-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.

    Animal Welfare Bill—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; it was ordered that the bill be reported with amendments.

The Committee was adjourned at seventeen minutes before eight o’clock.

 
 
 
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Prepared: 15 june 2006