House of Lords Journal 241 (Session 2007-08) |
Lords Journals Contents General Index Judicial Index Membership of the House Minutes and Order Papers |
Wednesday 7 November 2007 The House met at 3.00pm. The following Lords Spiritual and Temporal were present: Hayman, B. (Lord Speaker)
Page 7 2007-08 Volume 241
Page 8 2007-08 Volume 241 Back to top
Prayers were read by the Lord Bishop of Winchester. 1 Earldom of Lonsdale in the Peerage of the United Kingdom The Petition of Hugh Clayton Lowther claiming to have succeeded to the Earldom of Lonsdale in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the Earl of Lonsdale on the register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor for a report to the House pursuant to Standing Order 11. 2 Barony of Borwick in the Peerage of the United Kingdom The Petition of Geoffrey Robert James Borwick claiming to have succeeded to the Barony of Borwick in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as Lord Borwick on the register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor for a report to the House pursuant to Standing Order 11. 3 Dukedom of Devonshire in the Peerage of England The Lord Chancellor reported that Peregrine Andrew Morny Cavendish had established his succession to the Dukedom of Devonshire in the Peerage of England. The Clerk of the Parliaments was accordingly directed to enter the Duke of Devonshire on the register of hereditary peers maintained under Standing Order 10(5). Public Business 4 Local Transport Bill [HL] Lord Bassam of Brighton presented a bill to make further provision in relation to local transport authorities, the provision and regulation of road transport services and the subsidising of passenger transport services; to amend sections 74, 75 and 79 of the Transport Act 1985; to make provision for or in relation to committees which represent the interests of users of public transport; to rename the Passenger Transport Authorities as Integrated Transport Authorities and to make further provision in relation to them; to make further provision in relation to charging for the use of roads; to make provision in relation to the acquisition, disclosure and use of information relating to vehicles registered outside the United Kingdom; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 1) 5 Local Transport Bill [HL] The Explanatory Notes on the bill were ordered to be printed. (HL Bill 1-EN) 6 Dormant Bank and Building Society Accounts Bill [HL] Lord Davies of Oldham presented a bill to make provision for, and in connection with, using money from dormant bank and building society accounts for social or environmental purposes. It was read a first time and ordered to be printed. (HL Bill 2) Page 9 2007-08 Volume 241 Back to top7 Dormant Bank and Building Society Accounts Bill [HL] The Explanatory Notes on the bill were ordered to be printed. (HL Bill 2-EN) 8 House of Lords Bill [HL] Lord Steel of Aikwood presented a bill to make provision for the appointment of a Commission to make recommendations to the Crown for the creation of life peerages; to restrict membership of the House of Lords by virtue of hereditary peerage; to make provision for permanent leave of absence from the House of Lords; to provide for the expulsion of members of the House of Lords in specified circumstances; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 3) 9 Disabled Persons (Independent Living) Bill [HL] Lord Ashley of Stoke presented a bill to impose duties upon certain persons and bodies in respect of disabled persons; to confer certain rights upon disabled persons for independent living; to amend the Mental Health Act 1983; to amend the Care Standards Act 2000; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 4) 10 Powers of Entry etc. Bill [HL] Lord Selsdon presented a bill to regulate powers of entry and powers in relation to documents; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 5) 11 Committee of Selection The Chairman of Committees moved that in accordance with Standing Order 64 a Committee of Selection be appointed to select and propose to the House the names of the members to form each select committee of the House (except the Committee of Selection itself and any committee otherwise provided for by statute or by order of the House) or any other body not being a select committee referred to it by the Chairman of Committees, and the panel of Deputy Chairmen of Committees; and that the following members together with the Chairman of Committees be appointed to the Committee:
The motion was agreed to. 12 Queen’s Speech The debate on the motion that a Humble Address be presented to Her Majesty was resumed and, after further debate, was again adjourned until Thursday 8 November. The House adjourned at 10.53pm until Thursday 8 November 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. Instrument Withdrawn The following instrument, laid before the House on 10 July, was withdrawn: Company and Business Names (Amendment) Regulations 2007. Command Paper The following paper was presented to the House by command of Her Majesty: Explanatory Memorandum (Revised)—Replacement Explanatory Memorandum to the Prison (Amendment No. 2) Rules 2007, SI2007/3149. Page 10 2007-08 Volume 241 Back to topAffirmative Instrument The following instrument was laid before the House for approval by resolution: Draft Regional Learning and Skills Councils Regulations 2007, laid under the Learning and Skills Act 2000. Negative Instruments The following instruments were laid before the House: 1 Nursing and Midwifery Council (Election Scheme) (Amendment) Rules Order of Council 2007, laid under the Nursing and Midwifery Order 2001. (3134) 2 Industrial Training (Film Industry Training Board for England and Wales) Order 2007, laid under the Industrial Training Act 1982. (3148) 3 Gambling Act 2005 (Temporary Use Notices) Regulations 2007, laid under the Gambling Act 2005. (3157) 4 Statement of Changes in Immigration Rules, laid under the Immigration Act 1971. (—) 5 Statement made by the Governing Body of the University of Cambridge on 17 May 2007, laid under the Universities of Oxford and Cambridge Act 1923. (—) 6 Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment No. 2) Order 2007, laid under the Access to Justice Act 1999. (3169) 7 Asylum and Immigration Tribunal (Procedure) (Amendment No. 2) Rules 2007, laid under the Nationality, Immigration and Asylum Act 2002. (3170) Papers not subject to parliamentary proceedings The following papers were laid before the House: 1 Report and Accounts for 2006-07 of the Churches Conservation Trust, laid under the Pastoral Measure 1983. 2 (1) Sixteenth Report of the Independent Monitoring Commission (2) Seventeenth Report of the Independent Monitoring Commission laid under the Northern Ireland (Monitoring Commission etc.) Act 2003. 3 Report and Accounts for 2006-07 of the General Osteopathic Council, laid under the Osteopaths Act 1993. 4 Report and Accounts for 2006-07 of the Scottish Arts Council National Lottery Distribution Fund, laid under the National Lottery etc. Act 1993. Judicial Business 1 In re M and another (children) (England) The appeal of the mother was presented and it was ordered that notwithstanding Standing Order VI the statement and appendix thereto be lodged forthwith. 2 EB (Kosovo) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) (England) The appeal of EB was presented and it was ordered that notwithstanding Standing Order VI the statement and appendix thereto be lodged on or before 7 January. 3 R (on the application of Bancoult) (Respondent) v Secretary of State for Foreign and Commonwealth Affairs (Appellant) (England) The appeal of the Secretary of State for Foreign and Page 11 2007-08 Volume 241 Back to topCommonwealth Affairs was presented and it was ordered that notwithstanding Standing Order VI the statement and appendix thereto be lodged on or before 7 January.4 R v Green (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) The appeal of Mark Green was presented and ordered to be prosecuted subject to the procedures applicable thereto (lodged 6 November). 5 Bowden (AP) (Appellant) v Poor Sisters of Nazareth (Respondents) and others (Scotland) The appeal of Adelien Bowden (aka Spence) was presented and it was ordered that notwithstanding Standing Order VI the statement and appendix thereto be lodged on or before 7 January. The appellant’s legal aid certificate was lodged (lodged 25 October). 6 Whitton (AP) (Appellant) v Poor Sisters of Nazareth (Respondents) and others (Scotland) The appeal of Jacqueline Whitton (aka Pringle) was presented and it was ordered that notwithstanding Standing Order VI the statement and appendix thereto be lodged on or before 7 January (lodged 25 October). 7 In re H (children) (2007) (third petition) The petition of the father praying for leave to appeal 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 (lodged 6 September). 8 Davies (Petitioner) v Davies (Respondent) The petition of Gywnne Evans Davies praying for leave to appeal was presented and referred to an Appeal Committee (lodged 21 September). 9 Her Majesty’s Revenue and Customs (Petitioners) v Loyalty Management UK Limited (Respondents) The petition of the Commissioners for Her Majesty’s Revenue and Customs praying for leave to appeal was presented and referred to an Appeal Committee (lodged 5 November). 10 OB (by his mother and litigation friend) (Respondent) v Aventis Pasteur SA (Petitioners) The petition of Aventis Pasteur SA praying for leave to appeal was presented and referred to an Appeal Committee. 11 Togher (Petitioner) v Her Majesty’s Revenue and Customs (Respondents) The petition of Kenneth Togher praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. 12 In re M and another (Children) The petition of the children praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee. 13 R (on the application of M) (FC) (Petitioner) v Her Majesty’s Treasury (Respondents) and two other actions The certificate of public funding of MM was lodged. 14 Appeal Committee The 1st Report from the Appeal Committee was agreed to and the following Order was made: Mbasogo (President of the State of Equatorial Guinea) and others (Appellants) v Logo Limited and others (Respondents) That the appellants be invited to lodge observations on the petition to increase security forthwith. 15 Appeal Committee The 2nd Report from the Appeal Committee was agreed to and the following Orders were made: R (on the application of Lin) (FC) (Petitioner) v London Borough of Barnet (Respondents) 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 respondents be at liberty to apply for their 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. P B Investments Limited (Respondents) v McInnes (Petitioner) That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and if the Page 12 2007-08 Volume 241 Back to topapplication is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.Cusworth (Petitioner) v British Gas Services Limited and others (Respondents) That the petition be dismissed as inadmissible. Consolidated Contractors International Company SAL and others (Petitioners) v Masri (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. McFaddens Solicitors (Respondents) v Chandrasekaran (Petitioner) That leave to appeal be refused; that the respondents be at liberty to apply for their 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. Masri (Respondent) v Consolidated Contractors International Company SAL and others (Petitioners) 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. 16 Appeal Committee The 3rd Report from the Appeal Committee was agreed to and the following Order was made: Trafigura Beheer BV and others (Respondents) v Mediterranean Shipping Company SA (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); and if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties. 17 Appeal Committee The 4th Report from the Appeal Committee was agreed to and the following Orders were made: Caldarelli (Petitioner) v Court of Naples (Respondents) That leave to appeal be given; and that the petition of appeal be lodged by 21 November. R (on the application of Johnson) (Respondent) v Secretary of State for Justice (formerly Secretary of State for the Home Department) (Petitioner) and others That leave to appeal be refused. Director of the Assets Recovery Agency (Respondent) v Szepietowski (Petitioner) and others 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 JL) (Respondent) v Secretary of State for Justice (Petitioner) That leave to appeal be given; and that the petition of appeal be lodged by 21 November. R v Campbell (Petitioner) That leave to appeal be refused. R v Johnson (Petitioner) That leave to appeal be refused. R (on the application of the Central Examining Court, Criminal Court of the National Court, Madrid) (Respondents) v City of Westminster Magistrates’ Court and another (Petitioner) That leave to appeal be refused.
|