House of Lords Journal 240 (Session 2006-07) |
Lords Journals Contents General Index Judicial Index Membership of the House Minutes and Order Papers |
Wednesday 13 December 2006 The House met at 9.45am The following Lords Spiritual and Temporal were present: Hayman, B. (Lord Speaker)
Page 96 2006-07 Volume 240
Page 97 2006-07 Volume 240 Back to top
Prayers were read by the Lord Bishop of Salisbury Judicial Business For judicial business see below. The House adjourned. The House resumed. Select Committee Reports 1 Statutory Instruments The following Report from the Joint Committee was made and ordered to be printed: 4th Report on certain statutory instruments, including the following affirmative instrument: Draft District Electoral Areas Commissioner (Northern Ireland) (Amendment) Order 2006. (HL Paper 18) 2 Delegated Powers and Regulatory Reform The following Report from the Select Committee was made and ordered to be printed: 3rd Report, on the following bills: Cluster Munitions (Prohibition) Bill [HL] Concessionary Bus Travel Bill [HL] Corporate Manslaughter and Corporate Homicide Bill Disabled Persons (Independent Living) Bill [HL] Forced Marriage (Civil Protection) Bill [HL] Further Education and Training Bill [HL] Investment Exchanges and Clearing Houses Bill Legal Services Bill [HL] Consumers, Estate Agents and Redress Bill [HL]—Government Response Tribunals, Courts and Enforcement Bill [HL]—Government Response. (HL Paper 19) Page 98 2006-07 Volume 240 Back to topPublic Business 3 Inquiries: Ministerial evidence A question was asked by Baroness Miller of Hendon and answered by Lord Bassam of Brighton. 4 Special advisers: Select Committees A question was asked by Lord Sheldon and answered by Lord Bassam of Brighton. 5 Gambling: casinos A question was asked by Lord Lee of Trafford and answered by Lord Davies of Oldham. 6 Intellectual property rights A question was asked by Lord Clement-Jones and answered by Lord McKenzie of Luton. 7 Energy Efficiency and Microgeneration Bill [HL] Lord Redesdale presented a bill to make provision about the energy rating of residential properties on the market; to make provision about energy efficiency and microgeneration; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 21) 8 Business of the House The Lord President (Baroness Amos) moved that Standing Order 47 (No two stages of a Bill to be taken on one day) be dispensed with on Monday 18 December to allow the Consolidated Fund Bill to be taken through its remaining stages that day. The motion was agreed to. 9 Concessionary Bus Travel Bill [hl] Lord Davies of Oldham moved that it be an instruction to the Grand Committee to which the Concessionary Bus Travel Bill [HL] has been committed that they consider the bill in the following order:
The motion was agreed to. 10 Child maintenance Lord Hunt of Kings Heath repeated a ministerial statement made in the House of Commons. 11 Further Education and Training Bill [HL] Lord Adonis moved that the bill be now read a second time. After debate, the motion was agreed to and the bill was committed to a Grand Committee. The House adjourned at 9.12pm until Thursday 14 December at 11.00am. Grand Committee Business The Grand Committee met in the Moses Room at 3.45pm Tribunals, Courts and Enforcement Bill [HL] The Grand Committee considered the bill. Amendments 1 to 60 were considered. Amendments were agreed to. The Committee adjourned after Schedule 5 stood part. The Committee adjourned at 6.17pm Papers All statutory instruments laid before the House are accompanied by an Explanatory Memorandum presented by command of Her Majesty, unless otherwise indicated. Command Papers The following papers were presented to the House by command of Her Majesty: 1 Children—A new system of child maintenance: Government proposals. (6979) Page 99 2006-07 Volume 240 Back to top2 Finance—Treasury Minutes on the Fifty-eighth, Fifty-ninth, Sixty-first and Sixty-second Reports from the Committee of Public Accounts, Session 2005–06. (6981) 3 Conventions—Government Response to the Report of the Joint Committee on Conventions of the UK Parliament (HL Paper 265 2005-06). (6997) Negative Instruments The following instruments were laid before the House: (1) Textile Products (Indications of Fibre Content) (Amendment and Consolidation of Schedules of Textile Names and Allowances) Regulations 2006 (3297) (2) Textile Products (Determination of Composition) Regulations 2006 (3298) laid under the European Communities Act 1972. Papers not subject to parliamentary proceedings The following papers were laid before the House: 1 Report of the Department for Environment, Food and Rural Affairs of the Framework Response Plan for Exotic Animal Diseases together with a Supplementary Report on Emergency Preparedness, laid under the Animal Health Act 2002. 2 Report of the Information Commissioner’s Office on the first six months’ progress in halting the unlawful trade in confidential personal information, laid under the Data Protection Act 1998. 3 Naval and Marine Pay and Pensions (Pay) (No. 2) Order 2006, laid under the Naval and Marine Pay and Pensions Act 1865. (—) 4 Report for 2005–06 of the Export of Objects of Cultural Interest, laid under the Export Control Act 2002. 5 Report and Accounts for 2005–06 of the Independent Police Complaints Commission, laid under the Police Reform Act 2002. 6 Report by H M Chief Inspector of Prisons and the Chief Inspector of Criminal Justice in Northern Ireland on an unannounced inspection of Magilligan Prison, laid under the Justice (Northern Ireland) Act 2002. Judicial Business 1 Tweed (Appellant) v Parades Commission for Northern Ireland (Respondents) (Northern Ireland) It was moved by Lord Bingham of Cornhill that the 4th 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 the Court of Appeal in Northern Ireland of 7 September 2005 and also the Order of Mr Justice Girvan in the High Court of Justice in Northern Ireland of 6 December 2004 be set aside; that, with regard to the items in the appellant’s summons of 29 September 2004, the question of disclosure of items 2 to 6 be remitted to the High Court of Justice in Northern Ireland for reconsideration 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 53 2 R (on the application of Clift) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) 3 Secretary of State for the Home Department (Respondent) v Hindawi (FC) (Appellant) and another 4 Secretary of State for the Home Department (Respondent) v Hindawi and another (FC) (Appellant) (Conjoined Appeals) Page 100 2006-07 Volume 240 Back to topIt was moved by Lord Bingham of Cornhill that the 5th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged: that in the appeal of Clift, the Order of Her Majesty’s Court of Appeal of 29 April 2004 be affirmed and the appeal dismissed; that the appellant do pay or cause to be paid to the respondent his costs in this House, the amounts thereof, if any, to be paid by the appellant and to be paid out of the Community Legal Service Fund to be certified by the Clerk of the Parliaments in accordance with regulations pursuant to section 11 of the Access to Justice Act 1999; that the appellant do pay or cause to be paid to the respondent his costs in Her Majesty’s Court of Appeal and also in the High Court of Justice Queen’s Bench Division Administrative Court in accordance, respectively, with the Order of Her Majesty’s Court of Appeal of 29 April 2004 and the Order of Mr Justice Hooper in the High Court of Justice Queen’s Bench Division Administrative Court of 13 June 2003, which Orders were affirmed; and that the costs of the appellant be taxed in accordance with the Access to Justice Act 1999: and that the appeals of Hindawi and Headley be allowed; that the Order of Her Majesty’s Court of Appeal of 13 October 2004 be set aside and the Orders of Mr Justice McCombe in the High Court of Justice Queen’s Bench Division Administrative Court of 29 January 2004 in respect of Hindawi and of 2 February 2004 in respect of Headley restored; that it be declared that “Sections 46(1) and 50(2) of the Criminal Justice Act 1991 are incompatible with article 14 (in conjunction with article 5) of the European Convention on Human Rights to the extent that those sections prevent prisoners liable for removal from having their cases reviewed by the Parole Board in the same manner as other long term prisoners”; that in each appeal the respondent do pay or cause to be paid to the appellant his costs in this House and in Her Majesty’s Court of Appeal, the amount of such costs in this House to be certified by the Clerk of the Parliaments if not agreed between the parties and the amount of such costs in Her Majesty’s Court of Appeal to be determined by a Costs Judge if not agreed between the parties; that the respondent do pay or cause to be paid to the appellants their costs in the High Court of Justice Queen’s Bench Division Administrative Court in accordance with the Orders of Mr Justice McCombe in the High Court of Justice Queen’s Bench Division Administrative Court of 29 January 2004 in respect of Hindawi and of 2 February 2004 in respect of Headley, which Orders were affirmed; and that the costs of the appellants be taxed in accordance with the Access to Justice Act 1999. 5 R (on the application of Laporte) (FC) (Original Appellant and Cross-respondent) v Chief Constable of Gloucestershire (Original Respondent and Cross-appellant) It was moved by Lord Bingham of Cornhill that the 6th 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 paragraph 2 of the Order of the High Court of Justice Queen’s Bench Division Administrative Court of 19 February 2004 be set aside; that paragraph 1 of the Order of the Court of Appeal of 9 December 2004, to the extent only of the appellant’s cross-appeal to the Court of Appeal, also be set aside; that it be declared that “the actions of the Chief Constable of Gloucestershire Police which are the subject of the appellant’s first complaint (that is, that the Chief Constable prevented the appellant from travelling to the demonstration in Fairford and forced her to leave the area) were unlawful because they were not prescribed by law and were disproportionate”; that any ancillary claim for relief be remitted to the High Court of Justice Queen’s Bench Division Administrative Court; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2006] UKHL 55 6 Robb (Appellant) v. Salamis (M & I) Limited (formerly known as Salamis Marine & Industrial Limited) (Respondents) (Scotland) It was moved by Lord Hope of Craighead that the 7th 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 Interlocutor of an Extra Division of the Court of Session in Scotland of 16 March 2005 (as altered by its Interlocutor of 6 May 2005) be altered: (i) by substituting the word “failed” for the words “did not fail” in the renumbered findings of fact and law (5), (6) and (7); and (ii) by substituting for the renumbered findings of fact and law (8) and (9) the following: “(8) That the accident to the pursuer on 6 September 1999 was caused by the defenders’ breach of statutory duty in terms of the Provision and Use of Work Equipment Page 101 2006-07 Volume 240 Back to topRegulations, regulations 4(1) and 20; (9) that the accident was also caused and contributed to by the pursuer’s fault and negligence to the extent of 50%.”; that that part of the Interlocutor of the Extra Division of the Court of Session in Scotland of 16 March 2005 (as altered by its Interlocutor of 6 May 2005) which affirmed the Interlocutor of the Sheriff at Aberdeen Sheriff Court of 16 October 2003 be recalled; that the Interlocutor of the Sheriff of 16 October 2003 also be recalled; that the appellant’s first plea in law be sustained and the respondents’ first to fifth and seventh pleas in law repelled; that the respondents’ sixth plea in law be sustained and the appellant be entitled to 50% of the sum assessed by the Extra Division of the Court of Session in Scotland as reparation for the loss, injury and damage which he sustained due to the accident with interest on that sum at the legal rate from 16 October 2003 until payment; and that the question of costs in this House and expenses in the courts below be adjourned in order that the parties may make written submissions within 14 days. [2006] UKHL 56 7 Her Majesty’s Revenue and Customs (Respondents) v Stringer and others (Appellants) The 8th Report from the Appellate Committee was agreed to and it was ordered that the following questions be referred to the Court of Justice of the European Communities for a preliminary ruling under Article 234 of the Treaty establishing the European Community: “(1) Does Article 7(1) of Directive 2003/88/EC mean that a worker on indefinite sick leave is entitled (i) to designate a future period as paid annual leave and (ii) to take paid annual leave, in either case during a period that would otherwise be sick leave? (2) If a Member State exercises its discretion to replace the minimum period of paid annual leave with an allowance in lieu on termination of employment under Article 7(2) of Directive 2003/88/EC, in circumstances in which a worker has been absent on sick leave for all or part of the leave year in which the employment relationship is terminated, does Article 7(2) impose any requirements or lay down any criteria as to whether the allowance is to be paid or how it is to be calculated?”; and that further consideration of the appeal be adjourned pending the conclusion of the reference to the Court of Justice of the European Communities. 8 R (on the application of Al Rawi and others (Appellants) and others and others (Appellants)) v Secretary of State for the Foreign and Commonwealth Office and another (Respondents) (England) The appeal of Jamil El Banna, Omar Deghayes, Sabah Sunnoqrot and Abubaker Deghayes was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 24 January. 9 Bettamix Limited (formerly Tarmac Roadstone Southern Limited) and others (Petitioners) v Kew (Respondent) The petition of Bettamix Limited, Tarmac Roadstone Limited, Situsec Limited, Tarmac Contractors Limited and FM Conway Limited was presented and referred to an Appeal Committee. 10 R v Mustafa (aka Hamza, aka Al Masri) (Petitioner) The petition of Mustafa Kamel Mustafa praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee.
|