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 28th June 2006

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

PRAYERS were read by the Lord Bishop of Southwark.

Judicial Business

1.  Farley (FC) (Respondent) v. Child Support Agency and another (Appellants)—It was moved by the Lord Nicholls of Birkenhead, That the 62nd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed; that paragraph 6 of the Order of the Court of Appeal of 22nd June 2005 be set aside; that the application for judicial review be dismissed and it be declared that “The decision of Mr Justice Keith in the High Court of Justice Queen’s Bench Division of 12th July 2004 and the decision of the North Somerset Magistrates’ Court of 4th December 2003 were correct in law”; that the respondent do pay or cause to be paid to the appellants their costs in the High Court of Justice in the sum of £2,200, in the Court of Appeal so far as regards proceedings on 25th January 2005 and in this House, the amounts thereof, 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, if not agreed between the parties, for those costs incurred in the High Court of Justice and in the Court of Appeal and certified by the Clerk of the Parliaments, if not agreed between the parties, for those costs incurred in this House in accordance with section 11 of the Access to Justice Act 1999; that the appellants do pay or cause to be paid to the respondent his costs in the Court of Appeal so far as regards proceedings on 22nd June 2005, the amount thereof to be determined by a Costs Judge, if not agreed between the parties; and that the costs of the respondent be taxed in accordance with the Access to Justice Act 1999. [2006] UKHL 31

2.  Johnston (Appellant) v. NEI International Combustion Limited (Respondents)—

3.  Rothwell (Appellant) v. Chemical and Insulating Company Limited and others (Respondents)—

4.  Downey (Appellant) v. Charles Evans Shopfitters Limited (Respondents)—

5.  Topping (Appellant) v. Benchtown Limited (formerly Jones Bros. Preston Limited) (Respondents)—

    The petition of the appellants praying that the appeals be conjoined; that they be allowed to lodge one statement, one appendix and one case and that the respondents be allowed to lodge one case and be separately represented in respect of the four appeals (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

6.  Appeal Committee—The 110th Report from the Appeal Committee was agreed to and the following Order was made—

    Campbell (Appellant) v. MGN Limited (Respondents)—That leave to appeal against the decision of the Taxing Officers be refused.

7.  Appeal Committee—The 111th Report from the Appeal Committee was agreed to and the following Orders were made—

    Boake Allen Limited and others (Petitioners) v. Her Majesty’s Revenue and Customs (Respondents)—That the petition be referred for hearing.

    IDA Limited (Respondents) and others v. University of Southampton and others (Petitioners)—That the respondents be invited to lodge objections by 12th July.

    Smith (Respondent) v. Kvaerner Cementation Foundations Limited (Petitioners)—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.

    Principal and Fellows of Newnham College in the University of Cambridge (Respondents) v. Her Majesty’s Revenue and Customs (Petitioners)—That leave to appeal be given; and that the petition of appeal be lodged by 12th July.

8.  Appeal Committee—The 112th Report from the Appeal Committee was agreed to and the following Order was made—

    Riverside Housing Association Limited (Appellants) v. White and another (Respondents)—That the petition of the Housing Corporation that they might be heard or otherwise intervene in the said appeal be allowed.

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

Papers

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

    1.  Finance—Treasury Minutes on the Thirty-fourth and Thirty-sixth to Thirty-ninth Reports from the Committee of Public Accounts;    (6863)

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

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

    1.  Home Loss Payments (Prescribed Amounts) (England) Regulations 2006, laid under the Land Compensation Act 1973;    (1658)

    2.  Cereal Seed (England) and Fodder Plant Seed (England) (Amendment) Regulations 2006, laid under the Plant Varieties and Seeds Act 1964;    (1678)

    3.  Constitutional Reform Act 2005 (Supplementary Provisions) Order 2006, laid under the Constitutional Reform Act 2005;    (1693)

    4.  Lands Tribunal (Salaries) Order (Northern Ireland) 2006, laid under the Northern Ireland Act 2000.    (—)

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

    1.  Report and Accounts for 2005-06 of the Office for Fair Access, laid under the Higher Education Act 2004;

    2.  Report for 2005-06 on the exercise of powers under the Industrial Development Act 1982, laid under that Act.

12.  Instrument coming into operation before being laid—The Lord Chancellor acquainted the House that he had received, under the proviso to section 4(1) of the Statutory Instruments Act 1946, notification that the following instrument had come into operation before being laid before Parliament, with an explanation thereof; the notification and explanation were ordered to lie on the Table:

    Constitutional Reform Act 2005 (Supplementary Provisions) Order 2006, laid under the Constitutional Reform Act 2005.

Select Committee Reports

13.  Statutory Instruments—The 31st Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

      Draft Criminal Defence Service (Financial Eligibility) Regulations 2006;

      Draft Criminal Defence Service (Representation Orders: Appeals etc.) Regulations 2006;

      Draft Criminal Defence Service (Representation Orders and Consequential Amendments) Regulations 2006;

      Draft General Lighthouse Authorities (Beacons: Automatic Identification System) Order 2006;

      Draft Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006;

      Draft Radio Multiplex Services (Required Percentage of Digital Capacity) Order 2006;

      Draft Television Licensable Content Services Order 2006;

    it was ordered that the Report be printed. (HL Paper 216)

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

    23rd Report, on the following bills:

      Armed Forces Bill;

      Education and Inspections Bill;

      International Development (Reporting and Transparency) Bill;

      Government of Wales Bill—Government Response;

      Northern Ireland (Miscellaneous Provisions) Bill—Government Response;

    and on the following proposal under the Regulatory Reform Act 2001:

      Draft Regulatory Reform (Registered Designs) Order 2006. (HL Paper 217)

Public Business

15.  Regulation of Investigatory Powers (Communications Data) (Additional Functions and Amendment) Order 2006—

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

    It was moved by the Baroness Scotland of Asthal that the draft Orders laid before the House on 5th June be approved en bloc; the motion was agreed to.

17.  Northern Ireland Act 2000 (Modification) (No. 2) Order 2006—

18.  Recovery of Health Services Charges (Northern Ireland) Order 2006—

    It was moved by the Lord Rooker that the draft Orders laid before the House on 24th May be approved en bloc; the motion was agreed to.

19.  Piped Music and Showing of Television Programmes Bill [HL]—It was moved by the Lord Beaumont of Whitley that the bill be committed to a Committee of the Whole House; the motion was agreed to.

20.  Civil Aviation Bill—The Commons amendment and reason were considered; Lords amendments were insisted on (see division list 1); a Lords amendment was insisted on and a Commons amendment in lieu thereof was disagreed to (see division list 2); the remaining Lords amendment was not insisted on; a Committee was appointed to propose reasons for insistence on Lords amendments and disagreement to a Commons amendment.

    The Lords following were named of the Committee:

      Evans of Temple Guiting, L.

      Hanningfield, L.

      Mar and Kellie, E.

    The Committee reported that they had proposed the following reason in respect of the insistence on Lords amendments 1, 2 and 4:

      “Because it is appropriate to require aerodrome authorities to fix their charges in the manner proposed”;

    and the following reason in respect of the insistence on Lords amendment 5 and the disagreement with Commons amendment 11A in lieu:

      “Because it is desirable to maintain the current system of regulating night flights.”

    The Report was agreed to; then the bill was returned to the Commons with the reasons.

21.  Childcare Bill—The bill was returned from the Commons with the amendments agreed to.

22.  Electoral Administration Bill—The bill was returned from the Commons with the amendment disagreed to with a reason for such disagreement; the reason was ordered to be printed. (HL Bill 131)

23.  National Lottery Bill—The bill was returned from the Commons with certain amendments disagreed to with reasons for such disagreement; with an amendment disagreed to but with an amendment proposed in lieu thereof; and with the remaining amendments agreed to; the Commons amendment and reasons were ordered to be printed. (HL Bill 132)

24.  Government of Wales Bill—The bill was further considered on report; amendments were disagreed to (see division lists 3 and 4); amendments were moved and (by leave of the House) withdrawn; further consideration on report was adjourned.

1.  25.  Disasters: prevention and recovery—The Lord Dubs asked Her Majesty’s Government whether their new policy outlined in Reducing the Risk of Disasters will provide sufficient resources to enable vulnerable communities to prevent the worst consequences of disasters and to deal effectively with their aftermath; after debate, the question was answered by the Baroness Royall of Blaisdon.

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

26.  Government of Wales Bill—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; it was ordered that the bill be printed as amended. (HL Bill 133)

The House was adjourned at two minutes past eleven o’clock till tomorrow, eleven o’clock.

PAUL HAYTER

  Clerk of the Parliaments

 
 
 
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© Parliamentary copyright 2006
Prepared: 29 june 2006