House of Lords Journal 240 (Session 2006-07) |
Lords Journals Contents General Index Judicial Index Membership of the House Minutes and Order Papers |
Monday 15 January 2007 The House met at 2.30pm The following Lords Spiritual and Temporal were present: Hayman, B. (Lord Speaker)
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Prayers were read by the Lord Bishop of Ripon and Leeds 1 Lord Neuberger of Abbotsbury The Rt Hon Sir David Edmond Neuberger, Knight, a Lord Justice of Appeal, having been appointed a Lord of Appeal in Ordinary and created Baron Neuberger of Abbotsbury, of Abbotsbury in the County of Dorset, for life by Letters Patent dated 11 January 2007, was introduced between Lord Bingham of Cornhill and Baroness Neuberger, and took and subscribed the oath (see Appendix 1). Select Committee Reports 2 Procedure of the House The following report from the Select Committee was made and ordered to be printed: 2nd Report (see Appendix 2). (HL Paper 25) 3 Human Rights The following report from the Joint Committee was made and ordered to be printed: First Report, on the Council of Europe Convention on the Prevention of Terrorism. (HL Paper 26) Public Business 4 Waterways: tourism A question was asked by Lord Lee of Trafford and answered by Lord Davies of Oldham. 5 Museums and galleries: funding A question was asked by Lord Sheldon and answered by Lord Evans of Temple Guiting. Page 141 2006-07 Volume 240 Back to top6 Post offices A question was asked by Lord Naseby and answered by Lord Truscott. 7 Railways: First Great Western A question was asked by Lord Berkeley and answered by Lord Davies of Oldham. 8 Piped Music etc. (Hospitals) Bill [HL] Lord Beaumont of Whitley presented a bill to provide for the Secretary of State to draw up a plan to prohibit piped music and the showing of television programmes in the public areas of hospitals; and to require the wearing of headphones by persons listening to music in public areas of hospitals. It was read a first time and ordered to be printed. (HL Bill 26) 9 Statutory Instruments The Chairman of Committees moved, in accordance with Standing Order 74 and the resolution of the House of 16 December 1997, that, as proposed by the Committee of Selection, the following members be appointed to join with a Committee of the Commons as the Joint Committee on Statutory Instruments:
The motion was agreed to. 10 Concessionary Bus Travel Bill [HL] Lord Davies of Oldham moved that the amendments for the Report stage be marshalled and considered in the following order:
The motion was agreed to. 11 Mental Health Bill [HL] The bill was further considered in committee. Amendments 8 to 19 were considered. The House resumed. 12 International Polar Year 2007-08 A question was asked by Viscount Montgomery of Alamein and, after debate, answered by Lord Triesman. The House adjourned. The House resumed. 13 Mental Health Bill [HL] The bill was further considered in committee. Amendments 20 to 27 were considered. The House resumed after amendment 27. The House adjourned at 11.11pm until Tuesday 16 January at 2.30pm. Grand Committee Business The Grand Committee met in the Moses Room at 3.30pm Corporate Manslaughter and Corporate Homicide Bill The bill was further considered in the Grand Committee. Amendments 22 to 43 were considered. The Committee adjourned after amendment 43. The Committee adjourned at 7.24pm. 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: Page 142 2006-07 Volume 240 Back to top1 Human Rights—Government Response to the 32nd Report of the Joint Committee on Human Rights, Session 2005-06, on the DCA and Home Office Reviews. (7011) 2 Air Services—Agreement between the United Kingdom and the Netherlands concerning Air Services between the United Kingdom and the Netherlands Antilles. (7012) Affirmative Instrument The following instrument was laid before the House for approval by resolution: Draft Mental Capacity Act 2005 (Loss of Capacity during Research Project) (England) Regulations 2007, laid under the Mental Capacity Act 2005. Negative Instruments The following instruments were laid before the House: 1 Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007, laid under the Social Security Administration Act 1992. (26) 2 Draft Code of Practice: Post-16 Education, laid under the Disability Discrimination Act 1995. (—) Papers not subject to parliamentary proceedings The following papers were laid before the House: 1 Report of Criminal Justice Inspection Northern Ireland: Hate Crime in Northern Ireland, laid under the Justice (Northern Ireland) Act 2002. 2 Accounts for 2005-06 of the Parliamentary Contributory Pension Fund, together with the Report of the Comptroller and Auditor General, laid under the Parliamentary and Other Pensions Act 1972. 3 Review for 2005-06 of the sportscotland Lottery Fund, laid under the National Lottery etc. Act 1993. Judicial Business 1 Jameel and others (Respondents) v Wall Street Journal Europe Sprl (Appellants) Further to the Order of the House of 11 October 2006 (76th Report Session 2005-06; [2006] UKHL 44) it was ordered: (1) that, subject to paragraph 2 below, the respondents do pay or cause to be paid to the appellants their costs in this House, in Her Majesty’s Court of Appeal and in the High Court of Justice Queen’s Bench Division, 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 the courts below to be determined by a Costs Judge if not agreed between the parties; (2) that the appellants do pay or cause to be paid to the respondents their costs of and associated with the matters put in issue by the appellants by paragraphs 2 to 4 of the Defence (including the costs of the hearing before Mr Justice Eady in the High Court of Justice Queen’s Bench Division on 24 and 25 November 2003) and also their costs of and occasioned by the appeal in relation to presumption of damage 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; Page 143 2006-07 Volume 240 Back to top(3) that interest on the costs under paragraphs (1) and (2) above shall be paid at the statutory rate respectively from 20 January 2004 (High Court); 3 February 2005 (Court of Appeal) and 11 October 2006 (House of Lords); and (4) that the respondents do repay to the appellants the damages awarded pursuant to the Order of Mr Justice Eady of 19 December 2003 together with interest at the statutory rate to run from the date of payment to the respondents; and that all costs orders not already subject to summary assessment be subject to detailed assessment if not agreed between the parties. 2 Majorstake Limited (Respondents) v Curtis (Appellant) (England) The appeal of Monty Curtis was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 26 February (lodged 21 December). 3 R (on the application of Stellato) (Respondent) v Secretary of State for the Home Department (Appellant) (England) The appeal of the Secretary of State for the Home Department was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 26 February (lodged 3 January). 4 Yeoman’s Row Management Limited (Petitioners) and another v Cobbe (Respondent) The petition of Yeoman’s Row Management Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 23 November). 5 In re E (a child) (AP) (Petitioner) (Northern Ireland) The petition of E praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 15 December). 6 Commerzbank AG (Respondents) v Keen (Petitioner) The petition of James Keen praying for leave to appeal was presented and referred to an Appeal Committee (lodged 18 December). 7 Ali (Respondent) v Lane and another (Petitioners) The petition of Robert Lane and Sandra Lane praying for leave to appeal was presented and referred to an Appeal Committee (lodged 21 December). 8 Gallagher (Valuation Officer) (Respondent) v Church of Jesus Christ of Latter-day Saints (Petitioners) The petition of the Church of Jesus Christ of Latter-day Saints praying for leave to appeal was presented and referred to an Appeal Committee (lodged 3 January). 9 Brit Syndicates Limited for and on behalf of Brit Syndicate 2987 at Lloyd’s for the 2003 year of account and others (Respondents) v Italaudit SpA (in liquidation) (formerly Grant Thornton SpA) and others (Petitioners) The petition of Grant Thornton International praying for leave to appeal was presented and referred to an Appeal Committee (lodged 4 January). 10 Haji-Ioannou (Petitioner) and others v Frangos and others (Respondents) The petition of Loucas Haji-Ioannou praying for leave to appeal was presented and referred to an Appeal Committee (lodged 5 January). 11 R (on the application of Animal Defenders International) (Petitioners) v Secretary of State for Culture, Media and Sport (Respondent) The petition of Animal Defenders International praying for leave for an appeal to be brought direct from the High Court of Justice in accordance with Part II of the Administration of Justice Act 1969 was presented and referred to an Appeal Committee (lodged 21 December). 12 Stevens (Respondent) v Stevens (Petitioner) The petition of Graham Stevens praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee. 13 R (on the application of Countryside Alliance and others and others (Appellants)) v Her Majesty’s Attorney General and another (Respondents) The petition of the Royal Society for the Prevention of Cruelty to Animals praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee. Page 144 2006-07 Volume 240 Back to top14 R (on the application of Countryside Alliance and others (Appellants) and others) v Her Majesty’s Attorney General and another (Respondents) The petition of the Royal Society for the Prevention of Cruelty to Animals praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee. 15 R (on the application of Al-Jedda) (FC) (Appellant) v Secretary of State for Defence (Respondent) The appeal was set down for hearing and referred to an Appellate Committee (lodged 18 December). 16 Saber (AP) (Original Appellant and Cross-respondent) v Secretary of State for the Home Department (Original Respondent and Cross-appellant) (Scotland) The appeal was set down for hearing and referred to an Appellate Committee (lodged 3 January). 17 Ceredigion County Council (Respondents) v Jones (FC) and others (FC) (Appellants) The appeal was set down for hearing and referred to an Appellate Committee (lodged 10 January). 18 Kola (FC) and another (FC) (Appellants) v Secretary of State for Work and Pensions (Respondent) The appeal was set down for hearing and referred to an Appellate Committee (lodged 12 January). 19 R (on the application of Countryside Alliance and others and others (Appellants)) v Her Majesty’s Attorney General and another (Respondents) (England) 20 R (on the application of Countryside Alliance and others (Appellants) and others) v Her Majesty’s Attorney General and another (Respondents) (England) The petition of the appellants praying that the appeals be conjoined; that they be allowed to lodge separate statements, one appendix and separate cases and be separately represented and that the respondents be allowed to lodge separate cases and be separately represented (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed. 21 X (FC) and another (FC) (Appellants) v London Borough of Wandsworth (Respondents) 22 C (FC) (Appellant) v Middlesbrough Council (Respondents) The petition of the appellants praying that the appeals be conjoined; that they be allowed to lodge separate statements, appendices and cases and be jointly represented and that the respondents be allowed to lodge separate cases and be jointly represented (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed. 23 Office of Fair Trading (Respondents) v Lloyds TSB Bank plc and others (Appellants) 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 15 January (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 18 December). 24 Clarke (Appellant) v Fennoscandia Limited and others (Respondents) (Scotland) The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 21 February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed. 25 Boake Allen Limited and others (Appellants) v Her Majesty’s Revenue and Customs (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 5 February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed. 26 R (on the application of Al Rawi and others (FC) (Appellants) and others and others (Appellants)) v Secretary of State for the Foreign and Commonwealth Office and another (Respondents) The certificates of public funding of Jamil El Banna and Omar Deghayes were lodged. Page 145 2006-07 Volume 240 Back to top27 Appeal Committee The following Orders were made pursuant to the 139th Report (Session 2005-06): Rusby (Petitioner) v Harr (Respondent) 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. R (on the application of Edwards and another (Petitioner)) v Environment Agency and others (Respondents) That leave to appeal be given, and that the petition of appeal be lodged by 29 January. 28 Appeal Committee The 16th Report from the Appeal Committee was agreed to and the following Orders were made: R v Asfaw (Petitioner) That leave to appeal be given, and that the petition of appeal be lodged by 29 January. R (on the application of Nadarajah) (Petitioner) v Secretary of State for the Home Department (Respondent) and another 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. R v Levey (Petitioner) (On Appeal from the Court of Appeal (Criminal Division)) That leave to appeal be refused. APPENDIX 1 ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all to whom these Presents shall come Greeting Whereas Our right trusty and well beloved Counsellor Donald James Baron Nicholls of Birkenhead has resigned his Office of a Lord of Appeal in Ordinary and the same is now vacant Now Know Ye that We of Our especial grace have in pursuance of the Appellate Jurisdiction Act 1876 as amended by subsequent enactments nominated and appointed and by these Presents Do nominate and appoint Our right trusty and well beloved Counsellor Sir David Edmond Neuberger Knight one of Our Lords Justices of Appeal to be a Lord of Appeal in Ordinary by the style of Baron Neuberger of Abbotsbury of Abbotsbury in Our County of Dorset To hold the said Office so long as he shall well behave himself therein subject to the provisions in the said Act mentioned with all wages profits privileges rank and precedence whatsover to the said Office belonging or in anywise appertaining and to hold the said style of Baron Neuberger of Abbotsbury unto him the said Sir David Neuberger during his life In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster the eleventh day of January in the fifty-fifth year of Our ReignBY WARRANT UNDER THE QUEEN’S SIGN MANUAL Page 146 2006-07 Volume 240 Back to topAPPENDIX 2 SECOND REPORT OF SESSION 2006–07 FROM THE PROCEDURE COMMITTEE 
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