HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Tuesday 7th November 2006
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Southwell and Nottingham.
Judicial Business
1. Jones (Respondent) v. Whalley (Appellant) (Criminal Appeal from Her Majesty’s High Court of Justice)--Further to the Order of the House of 26th July 2006 (73rd Report Session 2005-06; [2006] UKHL 41), it was ordered that the costs incurred by the appellant in this House and in the courts below be paid out of Central Funds in accordance with section 16 of the Prosecution of Offences Act 1985, the amount of the costs incurred in this House to be certified by the Clerk of the Parliaments and the amount of the costs incurred in the courts below to be determined by a Costs Judge.
2. Majorstake Limited (Respondents) v. Curtis (Petitioner)—The petition of Monty Curtis praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
3. Mallett & Son (Antiques) Limited (Appellants) v. Grosvenor West End Properties and others (Respondents)—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 December (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
4. Appeal Committee—The 137th Report from the Appeal Committee was agreed to and the following Orders were made—
Chen (Petitioner) v. Government of Romania (Respondents)—That the respondents be invited to lodge objections by 21st November.
R v. Clarke (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 21st November.
R v. McDaid (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 21st November.
R (on the application of Countryside Alliance and others (Petitioners) and others) v. Her Majesty’s Attorney General and another (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 21st November.
In re Duffy (FC) (Petitioner) (Northern Ireland)—That leave to appeal be given; and that the petition of appeal be lodged by 21st November.
R (on the application of Countryside Alliance and others and others (Petitioners)) v. Her Majesty’s Attorney General and another (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 21st November.
R v. Moses (Petitioner)—That leave to appeal be refused.
Papers
5. Command Papers—The following papers, having been presented to the House by command of Her Majesty, were ordered to lie on the Table:
1. Defence—Government Response to the 15th Report of the House of Lords Constitution Committee: Waging War: Parliament’s Role and Responsibility; (6923)
2. Coroner Services—Government Response to the Eighth Report of the House of Commons Constitutional Affairs Committee on Reform of the Coroners’ System and Death Certification; (6943)
3. Northern Ireland—Devolving Policing and Justice in Northern Ireland: A Discussion Paper. (6963)
6. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft Extradition Act 2003 (Amendment to Designations) Order 2006, laid under the Extradition Act 2003, together with an Explanatory Memorandum;
2. Draft Representation of the People (Combination of Polls) (England and Wales) (Amendment) Regulations 2006, laid under the Representation of the People Act 1983, together with an Explanatory Memorandum.
7. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Social Security (National Insurance Numbers) Amendment Regulations 2006, laid under the Social Security Administration Act 1992; (2897)
2. Immigration (Leave to Remain) (Prescribed Forms and Procedures) (Amendment No. 2) Regulations 2006, laid under the Immigration Act 1971; (2899)
3. Cosmetic Products (Safety) (Amendment) (No. 3) Regulations 2006, laid under the Consumer Protection Act 1987; (2907)
4. Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment) Order 2006, laid under the Enterprise Act 2002; (2909)
5. (i) Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006— (2914)
(ii) National Health Service (Pension Scheme and Compensation for Premature Retirement) Amendment Regulations 2006— (2919)
laid under the Superannuation Act 1972;
6.National Lottery Distributors Dissolution Order 2006, laid under the National Lottery etc. Act 1993; (2915)
7.Dangerous Substances and Preparations (Safety) Regulations 2006, laid under the Consumer Protection Act 1987; (2916)
8.Statement of Changes in Immigration Rules, laid under the Immigration Act 1971; (—)
9.Draft Code of Practice 10: Modification of Subsisting Rights, laid under the Pensions Act 2004. (—)
8. 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 Milk Development Council, laid under the Industrial Organisation and Development Act 1947;
2. Report for 2005-06 of the Professional Oversight Board, laid under the Companies Act 1989.
Select Committee Reports
9. European Union—The following Reports from the Select Committee were made and ordered to be printed:
The EU Strategy on biofuels; from field to fuel; (47th Report-HL Paper 267)
Europe in the World; (48th Report-HL Paper 268)
The EU and Africa: Follow-up Report; (49th Report-HL Paper 269)
Financial Management and Fraud in the European Union: Perceptions, Facts and Proposals; (50th Report-HL Paper 270)
Proposed European Institute for Gender Equality: Supplementary Report; (51st Report-HL Paper 271)
Rome III—Choice of Law in Divorce; (52nd Report-HL Paper 272)
Further Enlargement of the European Union: Threat or Opportunity? (53rd Report-HL Paper 273)
10. Merits of Statutory Instruments—The following Reports from the Select Committee were made and ordered to be printed:
48th Report; (HL Paper 274)
49th Report, the Work of the Committee in Session 2005-06. (HL Paper 275)
1. 11. Human Rights—The following Reports from the Joint Committee were made and ordered to be printed:
UN Convention Against Torture (UNCAT): The Government’s Response to the Committee’s Nineteenth Report; (30th Report-HL Paper 276)
Legislative Scrutiny: Final Progress Report on the following:
Safeguarding Vulnerable Groups Bill [HL]; (31st Report-HL Paper 277)
The Human Rights Act: The DCA and Home Office Reviews. (32nd Report-HL Paper 278)
Public Business
12. Companies Bill [HL] (formerly Company Law Reform Bill [HL])—The bill was returned from the Commons with the amendments agreed to.
13. Safeguarding Vulnerable Groups Bill [HL]—The bill was returned from the Commons with the amendments agreed to.
14. Police and Justice Bill—The bill was returned from the Commons with the Commons disagreement to certain Lords amendments insisted on, with amendments proposed in lieu thereof, and with the remaining Lords amendments agreed to; the Commons message was considered forthwith; a Lords amendment was not insisted on and the Commons amendments in lieu thereof were agreed to; a motion to propose an amendment to a Commons amendment in lieu was disagreed to (see division list 1); the remaining Lords amendments were not insisted on and the Commons amendments in lieu thereof were agreed to.
15. Road Safety Bill [HL]—The bill was returned from the Commons with certain Commons amendments insisted on and certain Lords amendments disagreed to, with reasons; and with a Commons amendment not insisted upon but with amendments proposed in lieu thereof; the Commons message was considered forthwith; the Commons amendments were agreed to, and Lords amendments in lieu of a Commons amendment were not insisted on.
16. Charities Bill [HL]—The Commons amendments were considered and agreed to.
17. Victims and Survivors (Northern Ireland) Order 2006—
18. Electricity Consents (Planning) (Northern Ireland) Order 2006—
It was moved by the Lord Rooker that the draft Orders laid before the House on 9th October be approved en bloc; the motion was agreed to.
19. Rates (Amendment) (Northern Ireland) Order 2006—It was moved by the Lord Rooker that the draft Order laid before the House on 9th October be approved; then it was moved by the Lord Smith of Clifton, as an amendment thereto, to leave out all the words after “That” and insert “this House declines to approve the draft Rates (Amendment) (Northern Ireland) Order 2006 until the Northern Ireland Assembly has taken a decision on the subject matter of this Order.”; after debate, the amendment was disagreed to (see division list 2); then it was moved by the Lord Glentoran, as an amendment to the original motion, at end to insert “but this House calls upon Her Majesty’s Government to work closely with the political parties in Northern Ireland; and, in the event of a system as envisaged under this Order being introduced, to set a valuation cap at £500,000 and to take action to help lower income pensioner households”; the amendment was agreed to; then the original motion, as amended, was agreed to.
The House was adjourned during pleasure.The House was resumed.
20. Legislative and Regulatory Reform Bill—The bill was returned from the Commons with the amendments agreed to.
21. Armed Forces Bill—The bill was returned from the Commons with the amendments agreed to.
The House was adjourned at thirteen minutes before ten o’clock till tomorrow, half-past eleven o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
