House of Lords Journal 241 (Session 2007-08) |
Lords Journals Contents General Index Judicial Index Membership of the House Minutes and Order Papers |
Wednesday 14 November 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 Truro. Judicial Business For judicial business see below. The House adjourned. The House resumed. Select Committee Reports 1 Statutory Instruments First Report on certain statutory instruments, including the following affirmative instruments: Company and Business Names (Amendment) (No. 2) Regulations 2007 2 Science and Technology Air Travel and Health: An Update. (First Report, HL Paper 7) Page 32 2007-08 Volume 241 Back to topPublic Business 3 Nuclear Decommissioning Authority A question was asked by Lord Jenkin of Roding and answered by Lord Jones of Birmingham. 4 Foot-and-mouth disease A question was asked by Lord Livsey of Talgarth and answered by Lord Rooker. 5 Africa: arms trade A question was asked by Lord Alton of Liverpool and answered by Lord Malloch-Brown. 6 Health: Ritalin A question was asked by Baroness Greenfield and answered by Baroness Royall of Blaisdon. 7 Children and Young Persons Bill [HL] Baroness Crawley, on behalf of Lord Adonis, presented a bill to make provision about the delivery of local authority social work services for children and young persons; to amend Parts 2 and 3 of the Children Act 1989; to make further provision about the functions of local authorities and others in relation to children and young persons; to make provision about the enforcement of care standards in relation to certain establishments or agencies connected with children; to make provision about the independent review of determinations relating to adoption; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 8) 8 Children and Young Persons Bill [HL] The Explanatory Notes on the bill were ordered to be printed. (HL Bill 8-EN) 9 Climate Change Bill [HL] Lord Rooker presented a bill to set a target for the year 2050 for the reduction of targeted greenhouse gas emissions; to provide for a system of carbon budgeting; to establish a Committee on Climate Change; to confer powers to establish trading schemes for the purpose of limiting greenhouse gas emissions or encouraging activities that reduce such emissions or remove greenhouse gas from the atmosphere; to make provision about adaptation to climate change; to confer powers to make schemes for providing financial incentives to produce less domestic waste and to recycle more of what is produced; to amend the provisions of the Energy Act 2004 about renewable transport fuel obligations; to make other provisions about climate change; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 9) 10 Climate Change Bill [HL] The Explanatory Notes on the bill were ordered to be printed. (HL Bill 9-EN) 11 Merits of Statutory Instruments The Chairman of Committees moved that a Select Committee be appointed to consider the Merits of Statutory Instruments. (1) The Committee shall, subject to the exceptions in paragraph (2), consider— (a) every instrument (whether or not a statutory instrument), or draft of an instrument, which is laid before each House of Parliament and upon which proceedings may be, or might have been, taken in either House of Parliament under an Act of Parliament; (b) every proposal which is in the form of a draft of such an instrument and is laid before each House of Parliament under an Act of Parliament, with a view to determining whether or not the special attention of the House should be drawn to it on any of the grounds specified in paragraph (3). (2) The exceptions are— (a) remedial orders, and draft remedial orders, under section 10 of the Human Rights Act 1998; (b) draft orders under sections 14 and 18 of the Legislative and Regulatory Reform Act 2006, and subordinate provisions orders made or proposed to be made under the Regulatory Reform Act 2001; Page 33 2007-08 Volume 241 Back to top(c) Measures under the Church of England Assembly (Powers) Act 1919 and instruments made, and drafts of instruments to be made, under them. (3) The grounds on which an instrument, draft or proposal may be drawn to the special attention of the House are— (a) that it is politically or legally important or gives rise to issues of public policy likely to be of interest to the House; (b) that it may be inappropriate in view of changed circumstances since the enactment of the parent Act; (c) that it may inappropriately implement European Union legislation; (d) that it may imperfectly achieve its policy objectives. (4) The Committee shall also consider such other general matters relating to the effective scrutiny of the merits of statutory instruments and arising from the performance of its functions under paragraphs (1) to (3) as the Committee considers appropriate, except matters within the orders of reference of the Joint Committee on Statutory Instruments. That, as proposed by the Committee of Selection, the following members be appointed to the Committee:
That the Committee have power to appoint specialist advisers; That the Committee have power to adjourn from place to place within the United Kingdom; That the Committee have leave to report from time to time; That the Reports of the Committee shall be printed, regardless of any adjournment of the House. That the evidence taken by the Committee shall, if the Committee so wishes, be published. The motion was agreed to. 12 Constitution Committee The Chairman of Committees moved that a Select Committee be appointed to examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of the constitution; That, as proposed by the Committee of Selection, the following members be appointed to the Committee:
That the Committee have power to appoint specialist advisers; That the Committee have power to adjourn from place to place; That the Committee have leave to report from time to time; That the Reports of the Committee shall be printed, regardless of any adjournment of the House; Page 34 2007-08 Volume 241 Back to topThat the evidence taken by the Committee in the last session of Parliament be referred to the Committee; That the evidence taken by the Committee shall, if the Committee so wishes, be published. The motion was agreed to. 13 Human Rights The Chairman of Committees moved that a Select Committee of six members be appointed to join with the Committee appointed by the Commons as the Joint Committee on Human Rights: To consider: (a) matters relating to human rights in the United Kingdom (but excluding consideration of individual cases); (b) proposals for remedial orders, draft remedial orders and remedial orders made under section 10 of and laid under Schedule 2 to the Human Rights Act 1998; and (c) in respect of draft remedial orders and remedial orders, whether the special attention of the House should be drawn to them on any of the grounds specified in Standing Order 74 (Joint Committee on Statutory Instruments); To report to the House: (a) in relation to any document containing proposals laid before the House under paragraph 3 of the said Schedule 2, its recommendation whether a draft order in the same terms as the proposals should be laid before the House; or (b) in relation to any draft order laid under paragraph 2 of the said Schedule 2, its recommendation whether the draft Order should be approved; and to have power to report to the House on any matter arising from its consideration of the said proposals or draft orders; and To report to the House, in respect of any original order laid under paragraph 4 of the said Schedule 2, its recommendation whether: (a) the order should be approved in the form in which it was originally laid before Parliament; or (b) the order should be replaced by a new order modifying the provisions of the original order; or (c) the order should not be approved; and to have power to report to the House on any matter arising from its consideration of the said order or any replacement order; That the following members be appointed to the Committee:
That the Committee have power to agree with the Committee appointed by the Commons in the appointment of a Chairman; That the quorum of the Committee be two; That the Committee have power to appoint specialist advisers; That the Committee have power to adjourn from place to place; That the Committee have leave to report from time to time; That the Reports of the Committee shall be printed, regardless of any adjournment of the House; Page 35 2007-08 Volume 241 Back to topThat the evidence taken by the Committee in the last session of Parliament be referred to the Committee; That the evidence taken by the Committee shall, if the Committee so wishes, be published. The motion was agreed to, and a message was sent to the Commons. 14 Information The Chairman of Committees moved that a Select Committee be appointed to consider information and communications services, including the Library and the Parliamentary Archives, within financial limits approved by the House Committee; That, as proposed by the Committee of Selection, the following members be appointed to the Committee:
That the Committee have leave to report from time to time. The motion was agreed to. 15 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. 16 National security The Lord President (Baroness Ashton of Upholland) repeated a ministerial statement made in the House of Commons. 17 Queen’s Speech The debate was resumed on the motion that a Humble Address be presented to Her Majesty as follows— “Most Gracious Sovereign, We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament.”; after further debate, the motion was agreed to nemine dissentiente, and the Lord Chamberlain was ordered to present the Address to Her Majesty. The House adjourned at 9.31pm until Thursday 15 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. Page 36 2007-08 Volume 241 Back to topCommand Papers The following papers were presented to the House by command of Her Majesty: 1 Treaty Series—First supplementary list of ratifications, accessions, withdrawals. etc. for 2007. 2 Debt—Agreement between the United Kingdom and Peru Concerning the Prepayment of Certain Debt Obligations of Peru. (7265) Affirmative 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 Official Feed and Food Controls (England) Regulations 2007, laid under the European Communities Act 1972. (3185) 2 M25 (Junction 14, Terminal 5 Spur Roads) (Speed Limit) Regulations 2007, laid under the Road Traffic Regulation Act 1984. (3233) 3 Children (Allocation of Proceedings) (Amendment) Order (Northern Ireland) 2007, laid under the Children (Northern Ireland) Order 1995. (SR468) 4 Family Homes and Domestic Violence (Allocation of Proceedings) (Amendment) Order (Northern Ireland) 2007, laid under the Family Homes and Domestic Violence (Northern Ireland) Order 1998. (SR469) Judicial Business 1 Secretary of State for the Home Department (Appellant) v AH (Sudan) and others (FC) (Respondents) It was moved by Lord Bingham of Cornhill that the 1st 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 Orders of Her Majesty’s Court of Appeal of 4 and 19 April 2007 be set aside and the determination of the Asylum and Immigration Tribunal of 3 August 2006 restored; that the costs of the respondents be taxed in accordance with the Access to Justice Act 1999; and that any further question on costs be adjourned in order that the parties may make written submissions within 14 days. [2007] UKHL 49
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