House of Lords Journal 240 (Session 2006-07) |
Lords Journals Contents General Index Judicial Index Membership of the House Minutes and Order Papers |
Tuesday 17 July 2007 The House met at 2.30 pm The following Lords Spiritual and Temporal were present: Hayman, B. (Lord Speaker)
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Prayers were read by the Lord Bishop of Norwich Select Committee Reports 1 European Union Committee Evidence from the Minister for Europe on the June European Council and the 2007 Inter-Governmental Conference (28th Report, HL Paper 142) Evidence from the Ambassador of Portugal on the Priorities of the Portuguese Presidency (29th Report, HL Paper 143) European Wine: A Better Deal for All (30th Report, HL 144) European Supervision Order (31st Report, HL Paper 145) Current Developments in European Foreign Policy: Kosovo (32nd Report, HL 154) 2 Merits of Statutory Instruments Private Business 3 National Trust (Northern Ireland) Bill The bill was read a third time and passed. The bill was returned to the Commons with amendments. 4 London Local Authorities Bill [HL] The bill was returned from the Commons agreed to with amendments. The amendments were considered and agreed to. Page 726 2006-07 Volume 240 Back to topPublic Business 5 Restorative justice A question was asked by Lord Harries of Pentregarth and answered by Lord Hunt of Kings Heath. 6 Olympic Games 2012: Gypsies and Travellers A question was asked by Baroness Whitaker and answered by Lord Davies of Oldham. 7 Millennium Dome A question was asked by Baroness Miller of Hendon and answered by Lord Davies of Oldham. 8 Turkey: European Union observers A question was asked by Lord Rea and answered by Baroness Royall of Blaisdon. 9 Gambling Act 2005 (Horserace Totalisator Board) Order 2007 10 Gambling Act 2005 (Amendment of Schedule 6) Order 2007 11 Gambling Act 2005 (Horserace Betting Levy) Order 2007 Lord Davies of Oldham moved that the draft Orders laid before the House on 13 June be approved en bloc. The motion was agreed to. 12 Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2007 13 Community Order (Review by Specified Courts) Order 2007 Lord Hunt of Kings Heath moved that the draft Orders laid before the House on 13 and 14 June be approved en bloc. The motion was agreed to. 14 Criminal Justice and Court Services Act 2000 (Amendment) Order 2007 15 Asylum (Designated States) Order 2007 Lord Grocott, on behalf of Lord Bassam of Brighton, moved that the draft Orders laid before the House on 21 and 24 May be approved en bloc. The motion was agreed to. 16 Welfare of Farmed Animals (England) Regulations 2007 Lord Rooker moved that the draft Regulations laid before the House on 12 June be approved. The motion was agreed to. 17 Consolidated Fund (Appropriation) (No. 2) Bill Lord Davies of Oldham moved that the bill be now read a second time. The motion was agreed to and the Committee was negatived. Then, Standing Order 47 having been dispensed with, the bill was read a third time and passed. 18 Corporate Manslaughter and Corporate Homicide Bill The Commons amendments were considered. Lords amendments 2, 3, 5, 6 and 10 were insisted on, Commons amendments 10K to 10N in lieu were disagreed to and amendments 10P and 10Q in lieu of the Commons amendments were agreed to (see division list). 19 Tribunals, Courts and Enforcement Bill [HL] The Commons amendments were considered and agreed to. The privilege amendment was agreed to. 20 Finance Bill Lord Davies of Oldham moved that the bill be now read a second time. After debate, the motion was agreed to and the Committee was negatived. Then, Standing Order 47 having been dispensed with, the bill was read a third time and passed. 21 Finance Bill (EAC Report) Lord Wakeham moved that this House takes note of the Report of the Economic Affairs Committee on the Finance Bill 2007 (4th Report, HL Paper 121). The motion was agreed to. 22 Local Government and Public Involvement in Health Bill The bill was further considered in Committee, beginning with amendment 215. Amendments were agreed to. The House resumed after clause 183 was agreed to. Page 727 2006-07 Volume 240 Back to top23 Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 24 Regulation of Investigatory Powers (Investigation of Protected Electronic Information: Code of Practice) Order 2007 25 Regulation of Investigatory Powers (Acquisition and Disclosure of Communications Data: Code of Practice) Order 2007 26 Terrorism (Northern Ireland) Act 2006 (Transitional Provisions and Savings) Order 2007 27 Regulatory Reform (Deer) (England and Wales) Order 2007 28 Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 29 Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 30 Scottish Parliament (Elections etc.) (Amendment) Order 2007 31 Railway Pensions (Transfer of Pension Schemes) Order 2007 32 European Communities (Definition of Treaties) (Stabilisation and Association Agreement) (Republic of Albania) Order 2007 33 Housing Benefit (Loss of Benefit) (Pilot Scheme) Regulations 2007 The Grand Committee reported that it had considered the draft instruments. 34 Pensions Bill The bill was returned from the Commons with certain amendments disagreed to with reasons for such disagreement, and with the remaining amendments agreed to. It was ordered that the reasons be printed. (HL Bill 96) The House adjourned at 10.46pm until Wednesday 18 July at 9.45am for judicial business, 3.00pm for public business. Grand Committee Business The Grand Committee met in the Moses Room at 3.30pm Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 Lord Bassam of Brighton moved that the Grand Committee do consider the draft Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007. After debate, the motion was agreed to. Regulation of Investigatory Powers (Investigation of Protected Electronic Information: Code of Practice) Order 2007 Lord Bassam of Brighton moved that the Grand Committee do consider the draft Regulation of Investigatory Powers (Investigation of Protected Electronic Information: Code of Practice) Order 2007. After debate, the motion was agreed to. Regulation of Investigatory Powers (Acquisition and Disclosure of Communications Data: Code of Practice) Order 2007 Lord Bassam of Brighton moved that the Grand Committee do consider the draft Regulation of Investigatory Powers (Acquisition and Disclosure of Communications Data: Code of Practice) Order 2007. The motion was agreed to. Terrorism (Northern Ireland) Act 2006 (Transitional Provisions and Savings) Order 2007 Lord Rooker moved that the Grand Committee do consider the draft Terrorism (Northern Ireland) Act 2006 (Transitional Provisions and Savings) Order 2007. After debate, the motion was agreed to. Regulatory Reform (Deer) (England and Wales) Order 2007 Lord Rooker moved that the Grand Committee do consider the draft Regulatory Reform (Deer) (England and Wales) Order 2007. After debate, the motion was agreed to. Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 Lord Evans of Temple Guiting moved that the Grand Committee do Page 728 2006-07 Volume 240 Back to topconsider the draft Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007. After debate, the motion was agreed to. Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 Lord Evans of Temple Guiting moved that the Grand Committee do consider the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007. After debate, the motion was agreed to. Scottish Parliament (Elections etc.) (Amendment) Order 2007 Lord Evans of Temple Guiting moved that the Grand Committee do consider the draft Scottish Parliament (Elections etc.) (Amendment) Order 2007. After debate, the motion was agreed to. Railway Pensions (Transfer of Pension Schemes) Order 2007 Lord Bassam of Brighton moved that the Grand Committee do consider the draft Railway Pensions (Transfer of Pension Schemes) Order 2007. After debate, the motion was agreed to. European Communities (Definition of Treaties) (Stabilisation and Association Agreement) (Republic of Albania) Order 2007 Baroness Royall of Blaisdon moved that the Grand Committee do consider the draft European Communities (Definition of Treaties) (Stabilisation and Association Agreement) (Republic of Albania) Order 2007. After debate, the motion was agreed to. Housing Benefit (Loss of Benefit) (Pilot Scheme) Regulations 2007 Lord McKenzie of Luton moved that the Grand Committee do consider the draft Housing Benefit (Loss of Benefit) (Pilot Scheme) Regulations 2007. After debate, the motion was agreed to. The Committee adjourned at 7.03pm. 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 Environment—Air Quality Strategy for England, Scotland, Wales and Northern Ireland. (7169) 2 Gender—Priorities for the Ministers for Women. (7183) Negative Instruments The following instruments were laid before the House: 1 National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2007, laid under the National Health Service Act 2006. (1975) 2 Rights of Way (Hearings and Inquiries Procedure) (England) Rules 2007, laid under the Tribunals and Inquiries Act 1992. (2008) 3 Football Spectators (Seating) Order 2007, laid under the Football Spectators Act 1989. (2038) 4 (1) Gambling Act 2005 (Incidental Non-Commercial Lotteries) Regulations 2007 (2040) (2) Gambling Act 2005 (Non-Commercial Equal-Chance Gaming) Regulations 2007 (2041) laid under the Gambling Act 2005. Page 729 2006-07 Volume 240 Back to topPapers not subject to parliamentary proceedings The following papers were laid before the House: 1 (1) Report and Accounts for 2006-07 of Tavistock and Portman NHS Foundation Trust (2) Report and Accounts for 2006-07 of Papworth NHS Foundation Trust (3) Report and Accounts for 2006-07 of the Royal National Hospital for Rheumatic Diseases NHS Foundation Trust (4) Report and Accounts for the period 1 August 2006 to 31 March 2007 of Sheffield Children’s NHS Foundation Trust (5) Report and Accounts for 2006-07 of Harrogate and District NHS Foundation Trust (6) Report and Accounts for the period 1 August 2006 to 31 March 2007 of Salford Royal NHS Foundation Trust (7) Report and Accounts for 2006-07 of Basildon and Thurrock University Hospitals NHS Foundation Trust (8) Report and Accounts for 2006-07 of Gateshead Health NHS Foundation Trust (9) Report and Accounts for 2006-07 of Barnsley Hospital NHS Foundation Trust (10) Report and Accounts for the period 1 June 2006 to 31 March 2007 of Royal Berkshire NHS Foundation Trust (11) Report and Accounts for 2006-07 of Stockport NHS Foundation Trust (12) Report and Accounts for 2006-07 of University Hospital Birmingham NHS Foundation Trust (13) Report and Accounts for 2006-07 of Gloucestershire Hospitals NHS Foundation Trust (14) Report and Accounts for March 2007 of South Devon Healthcare NHS Foundation Trust (15) Report and Accounts for 2006-07 of Peterborough and Stamford Hospitals NHS Foundation Trust (16) Report and Accounts for 2006-07 of Calderdale and Huddersfield NHS Foundation Trust (17) Report and Accounts for the period 1 May 2006 to 31 March 2007 of South Essex Partnership NHS Foundation Trust laid under the Health and Social Care (Community Health and Standards) Act 2003. 2 (1) Report and Accounts for 2006-07 of the National Patient Safety Agency, together with the Report of the Comptroller and Auditor General (2) Report and Accounts for 2006-07 of the Health and Social Care Information Centre, together with the Report of the Comptroller and Auditor General laid under the National Health Service Act 2006. 3 Report for 2006-07 of the Judicial Appointments and Conduct Ombudsman, laid under the Constitutional Reform Act 2005. 4 Report and Accounts for 2006-07 of the Crown Prosecution Service, together with the Report of the Comptroller and Auditor General, laid under the Prosecution of Offences Act 1985. 5 Report and Accounts for 2006-07 of the Consumer Council for Water, together with the Report of the Comptroller and Auditor General, laid under the Water Industry Act 1991. Page 730 2006-07 Volume 240 Back to top6 (1) Report and Accounts for 2006-07 of the Defence Aviation Repair Agency, together with the Report of the Comptroller and Auditor General (2) Report and Accounts for 2006-07 of ABRO, together with the Report of the Comptroller and Auditor General laid under the Government Trading Funds Act 1973. 7 Accounts for 2006-07 of the Pooling of Non-Domestic Rates and Redistribution to Local Authorities in England, together with the Report of the Comptroller and Auditor General, laid under the Local Government Finance Act 1988. 8 (1) Accounts for 2006-07 of the National Loans Fund, together with the Report of the Comptroller and Auditor General (2) Accounts for 2006-07 of the Consolidated Fund, together with the Report of the Comptroller and Auditor General laid under the National Loans Act 1968. 9 Accounts for 2006-07 of the Electoral Commission, together with the Report of the Comptroller and Auditor General, laid under the Political Parties, Elections and Referendums Act 2000. 10 Accounts for 2006-07 of the Competition Appeals Tribunal and Competition Service, together with the Report of the Comptroller and Auditor General, laid under the Enterprise Act 2002. 11 Report for 2006-07 of H M Crown Prosecution Service Inspectorate, laid under the Crown Prosecution Inspectorate Act 2000. 12 Report for 2006-07 of the Revenue and Customs Prosecutions Office, laid under the Commissioners for Revenue and Customs Act 2005. 13 Report for 2006-07 of the Serious Fraud Office, laid under the Criminal Justice Act 1987. 14 Group and Lottery Report and Accounts for 2006-07 of the UK Film Council, together with the Report of the Comptroller and Auditor General, laid under the National Lottery etc. Act 1993. 15 Reports and Accounts for 2006-07 of the Horserace Betting Levy Board and Horserace Totalisator Board, laid under the Betting, Gaming and Lotteries Act 1963. Judicial Business 1 In re Hilali (Respondent) (application for a writ of Habeas Corpus) (Criminal Appeal from Her Majesty’s High Court of Justice) The appeal of the Central Criminal Court of Committal Proceedings No. 5, High Court, Madrid was presented and ordered to be prosecuted subject to the procedures applicable thereto (lodged 16 July). 2 Doherty (FC) (Appellant) and others v Birmingham City Council (Respondents) The appeal was set down for hearing and referred to an Appellate Committee (lodged 16 July). 3 In re Maye (AP) (Appellant) (Northern Ireland) 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 16 August or to the third sitting day after the next ensuing meeting of the House (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 5 July). 4 AL (Serbia) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) 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 13 August or to the third sitting day after the next ensuing meeting of the House (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 16 July). Page 731 2006-07 Volume 240 Back to top5 Appeal Committee The 73rd Report from the Appeal Committee was agreed to and the following Orders were made: Mongoto (FC) (Petitioner) v Secretary of State for the Home Department (Respondent) That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; that the respondent be at liberty to apply for her costs in accordance with direction 5.1(c); and if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties. Strbac (FC) (Petitioner) v Secretary of State for the Home Department (Respondent) That leave to appeal be refused. Chikwamba (FC) (Petitioner) v Secretary of State for the Home Department (Respondent) That leave to appeal be given; and that the petition of appeal be lodged by 31 July. 6 Appeal Committee The 74th Report from the Appeal Committee was agreed to and the following Orders were made: JL (Sierra Leone) (FC) (Petitioner) v Secretary of State for the Home Department (Respondent) That leave to appeal be given; and that the petition of appeal be lodged by 31 July. HB (Ethiopia) (Petitioner) v Secretary of State for the Home Department (Respondent) That leave to appeal be given; and that the petition of appeal be lodged by 31 July. R (on the application of Hirst) (Petitioner) v Secretary of State for the Home Department (Respondent) That leave to appeal be refused; that the respondent be at liberty to apply for her costs in accordance with direction 5.1(d); if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties. Eyres (Respondents) v Atkinsons Kitchens and Bedrooms Limited (Petitioners) That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties. Chief Constable of the Hertfordshire Police (Petitioner) v Van Colle (administrator of the estate of GC (deceased)) and another (Respondents) That leave to appeal be given; and that the petition of appeal be lodged by 31 July. Farley (Petitioner) v Buckley (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); if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties. Division Corporate Manslaughter and Corporate Homicide Bill Lord Ramsbotham moved Motion A1 as an amendment to Motion A in the name of the Lord President (Baroness Ashton of Upholland). The House divided:
Contents
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Not Contents
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