House of Lords Journal 240 (Session 2006-07) |
Lords Journals Contents General Index Judicial Index Membership of the House Minutes and Order Papers |
Wednesday 20 June 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 Coventry Judicial Business For judicial business see below. The House adjourned. The House resumed. Select Committee Report 1 Statutory Instruments Page 620 2006-07 Volume 240 Back to top20th Report on certain statutory instruments, including the following affirmative instruments: Draft Categories of Gaming Machine Regulations 2007 Draft Community Order (Review by Specified Courts) Order 2007 Draft Gambling Act 2005 (Lottery Machine Interval) Order 2007 Draft Gambling Act 2005 (Amendment of Schedule 6) Order 2007 Draft Gambling Act 2005 (Horserace Betting Levy) Order 2007 Draft Gambling Act 2005 (Horserace Totalisator Board) Order 2007 Draft Gambling Act 2005 (Operating Licence Conditions) Regulations 2007 Draft Police (Northern Ireland) Act 2003 (Commencement No. 2) Order 2007 Draft Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2007 Draft Terrorism Act 2006 (Disapplication of Section 25) Order 2007 Draft Welfare of Farmed Animals (England) Regulations 2007 Draft Working Time (Amendment) Regulations 2007. (HL Paper 131) Private Business 2 National Trust (Northern Ireland) Bill The bill was read a second time and committed to an Unopposed Bill Committee. Public Business 3 Criminal justice: rehabilitation of offenders A question was asked by Lord Judd and answered by Lord Falconer of Thoroton. 4 Crime: search powers A question was asked by the Earl of Onslow and answered by Lord Bassam of Brighton. 5 Railways: Paddington crash A question was asked by Lord Bradshaw and answered by Lord Goldsmith. 6 Universities: Scotland A question was asked by Lord Baker of Dorking and answered by Lord Adonis. 7 Mental Health Bill [HL] The bill was returned from the Commons agreed to with amendments and with a privilege amendment. It was ordered that the Commons amendments be printed. (HL Bill 83) 8 Local Government and Public Involvement in Health Bill Baroness Morgan of Drefelin, on behalf of 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 Committee of the Whole House. 9 Armed Forces, Army, Air Force and Naval Discipline Acts (Continuation) Order 2007 Lord Drayson moved that the draft Order laid before the House on 10 May be approved. After debate, the motion was agreed to. 10 Armed Forces (Alignment of Service Discipline Acts) Order 2007 Lord Drayson moved that the draft Order laid before the House on 14 May be approved. The motion was agreed to. Page 621 2006-07 Volume 240 Back to top11 Armed Forces (Service Police Amendments) Order 2007 Lord Drayson moved that the draft Order laid before the House on 14 May be approved. The motion was agreed to. The House adjourned at 9.25pm until Thursday 21 June 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 Papers The following papers were presented to the House by command of Her Majesty: 1 CourtsConfidence and Confidentiality: Openness in family courtsa new approach: Government consultation document. (7131) 2 Regulatory ImpactRegulatory Impact Assessments: 1 July to 31 December 2006. (7135) Affirmative Instruments The following instruments were laid before the House for approval by resolution: 1 Draft European Communities (Definition of Treaties) (Stabilisation and Association Agreement) (Republic of Albania) Order 2007, laid under the European Communities Act 1972. 2 Draft Housing Benefit (Loss of Benefit) (Pilot Scheme) Regulations 2007, laid under the Social Security Contributions and Benefits Act 1992. 3 Draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007, laid under the Scotland Act 1998. Negative Instruments The following instruments were laid before the House: 1 (1) European Communities (Designation) (No. 3) Order 2007 (1679) (2) Bovine Products (Restriction on Placing on the Market) (England) (No. 2) (Amendment) Regulations 2007 (1755) laid under the European Communities Act 1972. 2 Criminal Justice Act 2003 (Reviews of Sentencing) (Consequential and Supplementary Provisions) Order 2007, laid under the Criminal Justice Act 2003. (1762) Papers not subject to parliamentary proceedings The following papers were laid before the House: 1 Accounts for 2006 of the General Chiropractic Council, laid under the Chiropractors Act 1994. 2 Report and Accounts for 200607 of the Office for Fair Access, laid under the Higher Education Act 2004. Judicial Business 1 YL (by her litigation friend the Official Solicitor) (FC) (Appellant) v Birmingham City Council and others (Respondents) It was moved by Lord Hoffmann, That the 36th 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 30 January 2007 be affirmed and the appeal dismissed; and that there be no Page 622 2006-07 Volume 240 Back to toporder for costs in this House save that the costs of the appellant be taxed in accordance with the Access to Justice Act 1999. [2007] UKHL 27 2 R (on the application of Godmanchester Town Council) (Appellants) v Secretary of State for the Environment, Food and Rural Affairs (Respondent) 3 R (on the application of Drain) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs (Respondent) and one other action (Consolidated Appeals) It was moved by Lord Hoffmann, That the 37th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the two Appeals be allowed; that the Order of Her Majestys Court of Appeal of 19 December 2005 and the two Orders of the Divisional Court of the Queens Bench Division of the High Court of Justice of 22 July 2004 be set aside; that the decisions of Helen Slade, an inspector appointed by the Respondent, of 21 March 2003 and 9 June 2003 with respect to the modification orders made on the applications of Godmanchester Town Council and Dr Drain respectively be quashed and that both cases be remitted to the Respondent for decision in accordance with statutory procedures and in the 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. [2007] UKHL 28 4 Wilson (Respondent) v Jaymarke Estates Limited and another (Appellants) (Scotland) It was moved by Lord Hoffmann, That the 38th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Interlocutors of the First Division of the Inner House of the Court of Session in Scotland of 25 November 2005 and 15 February 2006 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 29 5 Datec Electronics Holdings Limited and others (Respondents) v United Parcels Services Limited (Appellants) Further to the Order of the House of 16 May 2007 (32nd Report Session 2006-07; [2007] UKHL 23) it was ordered that the appellants do pay or cause to be paid to the respondents their costs in this House, the amount of such costs to be certified by the Clerk of the Parliaments if not agreed between the parties. 6 Douglas and another and others (Appellants) v. Hello! Limited and others (Respondents) Further to the Order of the House of 2 May 2007 (30th Report Session 2006-07; [2007] UKHL 21) it was ordered that the respondents do pay or cause to be paid to the appellants their costs in this House, the amount of such costs to be certified by the Clerk of the Parliaments if not agreed between the parties, and also their costs in Her Majestys Court of Appeal, the amount of such costs to be determined by a Costs Judge if not agreed between the parties. 7 OBG Limited and others (Appellants) v. Allan and others (Respondents) Further to the Order of the House of 2 May 2007 (30th Report Session 2006-07; [2007] UKHL 21) it was ordered that the appellants do pay or cause to be paid to the respondents their costs in this House, the amount of such costs to be certified by the Clerk of the Parliaments if not agreed between the parties. 8 Norris (Appellant) v Government of the United States of America and others (Respondents) (Criminal Appeal from Her Majestys High Court of Justice) The appeal of Ian Norris was presented and ordered to be prosecuted subject to the procedures applicable thereto. 9 Caterpillar Financial Services (UK) Limited (Respondents) v Khaira and another (Petitioners) The petition of Jaspal Singh Khaira and Paramjit Khaira 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.
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