House of Lords
Session 2005 - 06
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Minutes and Order Papers

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Wednesday 21st June 2006

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

PRAYERS were read by the Lord Bishop of Peterborough.

1.  Earldom of Swinton in the Peerage of the United Kingdom—The Petition of Nicholas John Cunliffe-Lister claiming to have succeeded to the Earldom of Swinton and the Barony of Masham in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the Earl of Swinton on his register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor for a report to the House pursuant to Standing Order 11.

Judicial Business

2.  Her Majesty’s Commissioners of Customs and Excise (Respondents) v. Barclays Bank plc (Appellants)—It was moved by the Lord Hoffmann, on behalf of the Lord Bingham of Cornhill, That the 59th 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 of 22nd November 2004 be set aside and the Order of Mr Justice Colman in the High Court of Justice Queen’s Bench Division Commercial Court of 3rd February 2004 restored; and that the respondents do pay or cause to be paid to the appellants their costs in this House and below. [2006] UKHL 28

3.  North Wales Training and Enterprise Council Limited (t/a Celtec) (Appellants) v. Astley and others (Respondents) (formerly Celtec Limited (Appellants) v. Astley and others (Respondents))—It was moved by the Lord Hope of Craighead, on behalf of the Lord Bingham of Cornhill, That the 60th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of Her Majesty’s Court of Appeal of 19th July 2002 be affirmed and the appeal dismissed; and that the question of costs be adjourned in order that the parties may make written submissions within 21 days. [2006] UKHL 29

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

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

    (Conjoined Appeals)—

    It was moved by the Lord Nicholls of Birkenhead, That the 61st Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeals be allowed; that paragraphs 3, 4 and 5 of the Order of the Her Majesty’s Court of Appeal of 21st December 2004 be set aside and the Orders of Mr Justice Maurice Kay of 10th December 2003 and of Mr Justice Mitting of 6th February 2004, both in the High Court of Justice Queen’s Bench Division Administrative Court, be restored; and that, in each appeal, the respondents do pay or cause to be paid to the appellants their costs in this House and below. [2006] UKHL 30

6.  Datec Electronics Holdings Limited and others (Respondents) v. United Parcels Services Limited (Appellants)—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 27th June (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 20th June).

7.  Appeal Committee—The 108th Report from the Appeal Committee was agreed to and the following Order was made—

    In re W (a child)—That leave to appeal be refused; that the respondent be at liberty to apply for his 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

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

    Defence—Minute from the Ministry of Defence concerning the gifting of military bases to Iraq.    (—)

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

      (i)  Draft Television Licensable Content Services Order 2006, together with an Explanatory Memorandum—

      (ii)  Draft Radio Multiplex Services (Required Percentage of Digital Capacity) Order 2006, together with an Explanatory Memorandum—

      laid under the Broadcasting Act 1996.

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

    1.  National Health Service (General Ophthalmic Services etc.) Amendment Regulations 2006, laid under the National Health Service Act 1977;    (1550)

    2.  Planning (Issue of Certificate) Rules (Northern Ireland) 2006, laid under the Planning (Northern Ireland) Order 1991.    (—)

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

    1.  Accounts for 2004-05 of the Northern Ireland National Insurance Fund, together with the Report of the Comptroller and Auditor General, laid under the Social Security Administration (Northern Ireland) Act 1992;

    2.  Report for 2005-06 of the Food Standards Agency, laid under the Food Standards Act 1999.

Select Committee Reports

12.  Statutory Instruments—The 30th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

      Draft Data Protection (Processing of Sensitive Personal Data) Order 2006;

      Draft Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006;

      Draft National Minimum Wage Regulations 1999 (Amendment) Regulations 2006;

      Draft Police and Criminal Evidence Act 1984 (Code of Practice C and Code of Practice H) Order 2006;

      Draft Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006;

      Draft Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2006;

    it was ordered that the Report be printed. (HL Paper 212)

13.  Constitution Committee—The 14th Report from the Select Committee, on the Meeting with the Lord Chief Justice, was made and ordered to be printed. (HL Paper 213)

Public Business

14.  Government of Wales Bill—It was moved by the Lord Evans of Temple Guiting that the amendments for the Report stage be marshalled and considered in the following order:

Clauses 1 and 2
Schedule 1
Clauses 3 to 27
Schedule 2
Clause 28 to 58
Schedule 3
Clauses 59 to 87
Schedule 4
Clauses 88 to 93
Schedule 5
Clauses 94 to 102
Schedule 6
Clauses 103 to 107
Schedule 7
Clauses 108 to 144
Schedule 8
Clauses 145 to 148
Schedule 9
Clauses 149 to 159
Schedule 10
Clauses 160 and 161
Schedule 11
Clause 162
Schedule 12
Clauses 163 to 165;
the motion was agreed to.

15.  Education and Inspections Bill—It was moved by the Lord Adonis 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.

16.  Children and Adoption Bill [HL]—The bill was returned from the Commons agreed to with a privilege amendment; the amendment was considered and agreed to.

17.  Royal Assent—The Lord Speaker (Baroness Turner of Camden) notified the Queen’s Assent to the following Acts:

Work and Families Actc.18
Climate Change and Sustainable Energy Actc. 19
Children and Adoption Actc. 20
HBOS Group Reorganisation Actc. i

18.  Constitutional Reform (Prerogative Powers and Civil Service etc.) Bill [HL]—The House resolved itself into a Committee upon the bill; an amendment was agreed to; an amendment was moved and (by leave of the Committee) withdrawn; the House was resumed and the bill was reported with an amendment; it was ordered that the bill be printed as amended. (HL Bill 128)

The House was adjourned at a quarter before eleven o’clock till tomorrow, eleven o’clock.

PAUL HAYTER

  Clerk of the Parliaments

 
 
 
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Prepared: 22 june 2006