House of Lords Journal 240 (Session 2006-07) |
Lords Journals Contents General Index Judicial Index Membership of the House Minutes and Order Papers |
Thursday 23 November 2006 The House met at 11.00am The following Lords Spiritual and Temporal were present: Hayman, B. (Lord Speaker)
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Prayers were read by the Lord Bishop of Southwark 1 Affirmation Richard George Lord Rogers of Riverside made and subscribed the solemn affirmation. Public Business 2 Conventional Weapons Convention A question was asked by Lord Howell of Guildford, on behalf of Lord Elton, and answered by Lord Triesman. 3 Iraq and Afghanistan: United Kingdom forces A question was asked by Lord Trefgarne and answered by Lord Drayson. Page 34 2006-07 Volume 240 Back to top4 Government departments: judicial review A question was asked by Lord Trimble and answered by Lord Goldsmith. 5 Alcohol Harm Reduction Strategy A question was asked by Lord Avebury and answered by Lord Warner. 6 Legal Services Bill [HL] Lord Falconer of Thoroton presented a bill to make provision for the establishment of the Legal Services Board and in respect of its functions; to make provision for, and in connection with, the regulation of persons who carry on certain legal activities; to make provision for the establishment of the Office for Legal Complaints and for a scheme to consider and determine legal complaints; to make provision about claims management services and about immigration advice and immigration services; to make provision in respect of legal representation provided free of charge; to make provision about the application of the Legal Profession and Legal Aid (Scotland) Act 2006; to make provision about the Scottish legal services ombudsman; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 9) 7 Legal Services Bill [HL] The Explanatory Notes on the bill were ordered to be printed. (HL Bill 9-EN) 8 Cluster Munitions (Prohibition) Bill [HL] Lord Dubs presented a bill to make provision for the control of cluster munitions; for the destruction of such munitions; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 10) 9 Interception of Communications (Admissibility of Evidence) Bill [HL] Lord Lloyd of Berwick presented a bill to permit the introduction of intercept evidence and evidence of communications data in certain criminal proceedings; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 11) 10 Public Demonstrations (Repeals) Bill [HL] Baroness Miller of Chilthorne Domer presented a bill to amend certain provisions of the Serious Organised Crime and Police Act 2005 and other legislative restraints on public demonstrations; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 12) 11 House Committee The Chairman of Committees moved that a Select Committee be appointed to supervise the general administration of the House and guide the work of the Management Board; to agree the annual Estimates, Supplementary Estimates and the three-year spending forecasts; to approve the House of Lords Annual Report; and to approve changes in employment policy; That, as proposed by the Committee of Selection, the following members be appointed to the Committee:
That the Committee have leave to report from time to time; That the Reports of the Select Committee shall be printed, regardless of any adjournment of the House. The motion was agreed to. 12 Merits of Statutory Instruments The Chairman of Committees moved that a Select Committee be appointed to consider the Merits of Statutory Instruments; That: (1) The Committee shall, subject to the exceptions in paragraph (2), consider— (a) every instrument (whether or not a statutory instrument), or draft of an instrument, which is laid before each House of Parliament and upon which proceedings may be, or might have been, taken in either House of Parliament under an Act of Parliament; Page 35 2006-07 Volume 240 Back to top(b) every proposal which is in the form of a draft of such an instrument and is laid before each House of Parliament under an Act of Parliament, with a view to determining whether or not the special attention of the House should be drawn to it on any of the grounds specified in paragraph (3). (2) The exceptions are— (a) Orders in Council, and draft Orders in Council, under paragraph 1 of the Schedule to the Northern Ireland Act 2000; (b) remedial orders, and draft remedial orders, under section 10 of the Human Rights Act 1998; (c) draft orders (including draft subordinate provisions orders) under section 1 of the Regulatory Reform Act 2001, subordinate provisions orders under that Act and proposals in the form of a draft order under that Act; (d) Measures under the Church of England Assembly (Powers) Act 1919 and instruments made, and drafts of instruments to be made, under them. (3) The grounds on which an instrument, draft or proposal may be drawn to the special attention of the House are— (a) that it is politically or legally important or gives rise to issues of public policy likely to be of interest to the House; (b) that it may be inappropriate in view of changed circumstances since the enactment of the parent Act; (c) that it may inappropriately implement European Union legislation; (d) that it may imperfectly achieve its policy objectives. (4) The Committee shall also consider such other general matters relating to the effective scrutiny of the merits of statutory instruments and arising from the performance of its functions under paragraphs (1) to (3) as the Committee considers appropriate, except matters within the orders of reference of the Joint Committee on Statutory Instruments; That, as proposed by the Committee of Selection, the following members be appointed to the Committee:
That the Committee have power to appoint specialist advisers; That the Committee have power to adjourn from place to place within the United Kingdom; That the Committee have leave to report from time to time; That the Reports of the Select Committee shall be printed, regardless of any adjournment of the House. The motion was agreed to. 13 Delegated Powers and Regulatory Reform The Chairman of Committees moved that a Select Committee be appointed to report whether the provisions of any bill inappropriately delegate legislative power, or whether they subject the exercise of legislative power to an inappropriate degree of parliamentary scrutiny; to report on documents and draft orders laid before Parliament under the Regulatory Reform Act 2001; and to perform, in respect of such documents and orders Page 36 2006-07 Volume 240 Back to topand subordinate provisions orders laid under that Act, the functions performed in respect of other instruments by the Joint Committee on Statutory Instruments; That, as proposed by the Committee of Selection, the following members be appointed to the Committee:
That the Committee have power to adjourn from place to place within the United Kingdom; That the Committee have power to appoint specialist advisers. The motion was agreed to. 14 Regulators The Chairman of Committees moved that a Select Committee be appointed to consider the regulatory process and that, as proposed by the Committee of Selection, the following members be appointed to the Committee:
That the Committee have power to appoint specialist advisers; That the Committee have power to adjourn from place to place; That the Committee have power to report from time to time; That the evidence taken by the Committee shall, if the Committee so wishes, be printed; That the Committee do meet on Tuesday 28 November at ten o’clock. The motion was agreed to. 15 Compensation (Claims Management Services) Regulations 2006 16 Compensation (Specification of Benefits) Order 2006 17 Compensation (Regulated Claims Management Services) Order 2006 18 Association of Law Costs Draftsmen Order 2006 19 Representation of the People (Combination of Polls) (England and Wales) (Amendment) Regulations 2006 Lord Grocott, on behalf of the Lord President (Baroness Amos), moved that the instruments be referred to a Grand Committee en bloc. The motion was agreed to. 20 Business of the House Lord Grocott, on behalf of the Lord President (Baroness Amos), moved that the following motions be referred to a Grand Committee— Baroness Byford to move that the Grand Committee do consider the Environmental Impact Assessment (Agriculture) (England) Regulations 2006 (SI 2006/2362). 46th Report from the Merits Committee Page 37 2006-07 Volume 240 Back to topBaroness Byford to move that the Grand Committee do consider the Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 (SI 2006/2522). 46th Report from the Merits Committee The motion was agreed to. 21 Queen’s Speech The debate on the motion that a Humble Address be presented to Her Majesty was resumed and, after further debate, was again adjourned until Monday 27 November. The House adjourned at 6.43pm until Monday 27 November at 2.30pm. Papers All statutory instruments laid before the House are accompanied by an Explanatory Memorandum presented by command of Her Majesty, unless otherwise indicated. Affirmative Instruments The following instruments were laid before the House for approval by resolution: 1 Draft Employment Act 2002 (Amendment of Schedules 3, 4 and 5) Order 2006, laid under the Employment Act 2002. 2 Draft Technology Strategy Board Order 2007, laid under the Science and Technology Act 1965. 3 Draft Films (Definition of “British Film”) (No. 2) Order 2006, laid under the Films Act 1985. Negative Instruments The following instruments were laid before the House: 1 Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2006, laid under the Consumer Credit Act 1974. (3094) 2 Enterprise Act 2002 (Enforcement Undertakings) (No. 2) Order 2006, laid under the Enterprise Act 2002. (3095) 3 Banks (Former Authorised Institutions) (Insolvency) Order 2006, laid under the Insolvency Act 1986. (3107) 4 Justice (Northern Ireland) Act 2002 (Addition of Listed Judicial Offices etc.) Order 2006, laid under the Justice (Northern Ireland) Act 2002. (—) Papers not subject to parliamentary proceedings The following papers were laid before the House: 1 Report and Accounts for 2005–06 of the Home-Grown Cereals Authority, laid under the Cereals Marketing Act 1965. 2 (1) Accounts for 2005–06 of the Armagh Observatory and Planetarium (2) Report and Accounts for 2005-06 of Invest Northern Ireland laid under the Northern Ireland Act 2000. 3 Review from November 2006 of the Voluntary and Community Sector’s Contribution to the Northern Ireland Criminal Justice System, laid under the Justice (Northern Ireland) Act 2002. Page 38 2006-07 Volume 240 Back to topJudicial Business Appeal Committee The 3rd Report from the Appeal Committee was agreed to and the following Orders were made: Yeda Research and Development Company Limited (Petitioners) v. Rhone-Poulenc Rorer International Holdings Inc and others (Respondents) That leave to appeal be given; and that the petition of appeal be lodged by 7 December. Yeda Research and Development Company Limited (Petitioners) v. Rhone-Poulenc Rorer International Holdings Inc and others (Respondents) That the petition of the Comptroller-General of Patents, Designs and Trade Marks that he might be heard or otherwise intervene in the said petition for leave to appeal be allowed.
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