House of Lords Journal 240 (Session 2006-07) |
Lords Journals Contents General Index Judicial Index Membership of the House Minutes and Order Papers |
Wednesday 28 March 2007 The House met at 9.45am The following Lords Spiritual and Temporal were present: Hayman, B. (Lord Speaker)
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Prayers were read by the Lord Bishop of Peterborough Judicial Business For judicial business see below. The House adjourned. The House resumed. Select Committee Reports 1 Delegated Powers and Regulatory Reform The following Report from the Select Committee was made and ordered to be printed: 7th Report, on the following: Greater London Authority Bill House of Lords Bill [HL] Page 382 2006-07 Volume 240 Back to topHouse of Lords (Amendment) Bill [HL] Northern Ireland (St Andrews Agreement) Act 2007 Offender Management Bill Royal Commission (Slavery) Bill [HL] Statistics and Registration Service Bill Torture (Damages) Bill [HL] Welfare Reform Bill—Government amendments Justice and Security (Northern Ireland) Bill—Government response. (HL Paper 85) 2 Statutory Instruments The following Report from the Joint Committee was made and ordered to be printed: 14th Report on certain statutory instruments, including the following affirmative instruments: Draft Disability Discrimination Act 1995 (Amendment) (Further Education) Regulations 2007 Draft Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007. (HL Paper 86) 3 House of Lords Business Plan It was ordered that the House of Lords Business Plan 2007, as authorised by the House Committee, be printed. (HL Paper 87) Public Business 4 Railways: delays A question was asked by Earl Attlee and answered by Lord Bassam of Brighton. 5 Iraq: Armed Forces A question was asked by Lord Roberts of Conwy and answered by Lord Drayson. 6 Housing: Affordable Rural Housing Commission A question was asked by Baroness Miller of Chilthorne Domer and answered by Baroness Andrews. 7 Local Government: refuse collection A question was asked by Lord Greaves and answered by Lord Rooker. 8 Palliative Care Bill [HL] The order of commitment was discharged. 9 Iranian Seizure of Royal Navy Personnel Lord Triesman repeated a ministerial statement made in the House of Commons 10 Gambling (Geographical Distribution of Casino Premises Licences) Order 2007 Lord Davies of Oldham moved that the draft Order laid before the House on 1 March be approved. Then Lord Clement-Jones moved an amendment to the original motion to leave out all the words after “that” and insert “this House, taking account of the 13th Report from the Merits of Statutory Instruments Committee, declines to approve the draft Order; considers it desirable that Lords be appointed to join with a Committee of the Commons as a Joint Committee to consider the process by which a decision was reached on which licensing authority should issue the regional casino premises licence and to report by 1 June 2007; and calls upon Her Majesty’s Government to take account of the recommendations of any such Joint Committee and to lay regulations including the licensing authorities as set out in the draft Order whose responsibility it is to issue the eight large and eight small casino premises licences”. After debate, the amendment was agreed to (see division list). Then the original motion, as amended, was agreed to and a message was sent to the Commons. Page 383 2006-07 Volume 240 Back to top11 Greater London Authority Bill Baroness Andrews 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. 12 Docking of Working Dogs’ Tails (England) Regulations 2007 Lord Rooker moved that the draft Regulations laid before the House on 8 February be approved. After debate, the motion was agreed to. 13 Mutilations (Permitted Procedures) (England) Regulations 2007 Lord Rooker moved that the draft Regulations laid before the House on 8 February be approved. The motion was agreed to. 14 Welfare of Animals (Miscellaneous Revocations) (England) Regulations 2007 Lord Rooker moved that the draft Regulations laid before the House on 8 February be approved. The motion was agreed to. The House adjourned at 11.02pm until Thursday 29 March at 11.00am. Papers All statutory instruments laid before the House are accompanied by an Explanatory Memorandum presented by command of Her Majesty, unless otherwise indicated. Command Paper The following paper was presented to the House by command of Her Majesty: Finance—Treasury Minutes on the Seventh, the Eighth and the Tenth Reports from the Committee of Public Accounts. (7020) Affirmative Instrument The following instrument was laid before the House for approval by resolution: Draft Planning and Compulsory Purchase Act 2004 (Corresponding Amendments) Order 2007, laid under the Planning and Compulsory Purchase Act 2004. Negative Instruments The following instruments were laid before the House: 1 National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007, laid under the Government of Wales Act 2006. (910) 2 Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2007, laid under the Vehicle Excise and Registration Act 1994. (1018) 3 Statement of Changes in Immigration Rules, laid under the Immigration Act 1971. (—) 4 Alterations in the provisions of the Highway Code proposed to be made by the Secretary of State for Transport, laid under the Road Traffic Act 1988. (—) Papers not subject to parliamentary proceedings The following papers were laid before the House: 1 Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2007, laid under the Social Security (Miscellaneous Provisions) Act 1977. (—) 2 Plan for 2007–08 of the Office of Fair Trading, laid under the Enterprise Act 2002. 3 Return for 2006 of expenditure incurred and prosecutions taken under the Animal Health Act 1981 and incidences of disease in imported animals, laid under that Act. Page 384 2006-07 Volume 240 Back to topJudicial Business 1 Golden Strait Corporation (Appellants) v Nippon Yusen Kubishika Kaisha (Respondents) It was moved by Lord Bingham of Cornhill, That the 20th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 18 October 2005 be affirmed and the appeal dismissed; and that the question of costs in this House be adjourned in order that the parties may make written submissions within 14 days. [2007] UKHL 12 2 R (on the application of Hurst) (Respondent) v Commissioner of Police for the Metropolis (Appellant) It was moved by Lord Bingham of Cornhill, That the 21st 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 Divisional Court of the High Court of Justice Queen’s Bench Division of 4 July 2003 and also the Order of the Court of Appeal of 21 July 2005 be set aside and the decision of Her Majesty’s Coroner, Dr W F G Dolman, of 19 November 2002 restored; and that the question of costs in this House and below be adjourned in order that the parties may make written submissions within 14 days. [2007] UKHL 13 3 Jordan (AP) (Appellant) v Lord Chancellor and another (Respondents) (Northern Ireland) 4 McCaughey (AP) (Appellant) v Chief Constable of the Police Service Northern Ireland (Respondent) (Northern Ireland) It was moved by Lord Bingham of Cornhill, That the 22nd Report from the Appellate Committee be agreed to; the motion was agreed to. In the appeal of Jordan it was ordered and adjudged that the Order of the Court of Appeal in Northern Ireland of 10 September 2004 be affirmed and the appeal dismissed; and that the question of costs in this House be adjourned in order that the parties may make written submissions within 14 days. In the appeal of McCaughey it was ordered and adjudged that the appeal be allowed to the extent that the Order of the Court of Appeal in Northern Ireland of 14 January 2005 be set aside so far as it relates to paragraph 1 of the Declaration in the Order of Mr Justice Weatherup in the High Court of Justice Queen’s Bench Division of 21 January 2004 and the said paragraph restored; that it be declared: “that section 8 of the Coroners Act (Northern Ireland) 1959 requires the Police Service of Northern Ireland to furnish to a coroner to whom notice under section 8 is given such information as it then has or is thereafter able to obtain (subject to any relevant privilege or immunity) concerning the finding of the body or concerning the death”; that the Order of the Court of Appeal in Northern Ireland of 14 January 2005 be affirmed so far as it relates to paragraph 2 of the Declaration in the Order of Mr Justice Weatherup in the High Court of Justice Queen’s Bench Division of 21 January 2004 and, to that extent, the appeal to this House dismissed; and that the question of costs in this House and below be adjourned in order that the parties may make written submissions within 14 days. [2007] UKHL 14 5 Her Majesty’s Revenue & Customs (Respondents) v William Grant & Sons Distillers Limited (Appellants) (Scotland) 6 Small (Her Majesty’s Inspector of Taxes) (Respondent) v Mars UK Limited (Appellants) (Conjoined Appeals) It was moved by Lord Hoffmann, That the 23rd Report from the Appellate Committee be agreed to; the motion was agreed to. In the appeal of William Grant and Sons Distillers Limited it was ordered and adjudged that the appeal be allowed; that the Interlocutors of an Extra Division of the Court of Session in Scotland of 23 August 2003 and 1 September 2005 be set aside and the decision of the Special Commissioners of 8 March 2004 restored; and that the question of costs in this House and of expenses below be adjourned in order that the parties may make written submissions within 14 days. Page 385 2006-07 Volume 240 Back to topIn the appeal of Mars UK Limited, it was ordered and adjudged that the appeal be allowed; that the Order of Mr Justice Lightman in the High Court of Justice Chancery Division of 12 April 2005 be set aside and the decision of the Special Commissioners of 8 March 2004 restored; and that the question of costs in this House and below be adjourned in order that the parties may make written submissions within 14 days. [2007] UKHL 15 7 West Tankers Inc (Respondents) v RAS Riunione Adriatica Di Sicurta SpA and others (Appellants) Further to the Order of the House of 21 February 2007 (12th Report Session 2006-07 [2007] UKHL 4), the 24th Report from the Appellate Committee was agreed to and it was ordered that the following question 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: “Is it consistent with EC Regulation 44/2001 for a court of a Member State to make an order to restrain a person from commencing or continuing proceedings in another Member State on the ground that such proceedings are in breach of an arbitration agreement?”; and that further consideration of the appeal be adjourned sine die. 8 R v F (Petitioner) The petition of F praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee. 9 YL (by her litigation friend the Official Solicitor) (Appellant) v Birmingham City Council and others (Respondents) The petition of Justice, the National Council for Civil Liberties and the British Institute of Human Rights praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee. 10 YL (by her litigation friend the Official Solicitor) (Appellant) v Birmingham City Council and others (Respondents) The petition of Help the Aged and the National Council on Ageing (also known as Age Concern England) praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee. 11 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 4 May (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed. 12 In re Officer L (Respondent) (Northern Ireland) It was ordered that the appellant be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order. Division Lord Clement-Jones moved an amendment to the motion to approve the draft Order to leave out all the words after “that” and insert “this House, taking account of the 13th Report from the Merits of Statutory Instruments Committee, declines to approve the draft Order; considers it desirable that Lords be appointed to join with a Committee of the Commons as a Joint Committee to consider the process by which a decision was reached on which licensing authority should issue the regional casino premises licence and to report by 1 June 2007; and calls upon Her Majesty’s Government to take account of the recommendations of any such Joint Committee and to lay regulations including the licensing authorities as set out in the draft Order whose responsibility it is to issue the eight large and eight small casino premises licences.” The House divided:
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