House of Lords Journal 241 (Session 2007-08) |
Lords Journals Contents General Index Judicial Index Membership of the House Minutes and Order Papers |
Wednesday 16 January 2008 The House met at 3.00pm. The following Lords Spiritual and Temporal were present: Hayman, B. (Lord Speaker)
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Prayers were read by the Lord Bishop of Newcastle. Select Committee Report 1 Statutory Instruments 6th Report on certain statutory instruments, including the following affirmative instruments: Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2007 Draft Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 2008 Draft Companies (Late Filing Penalties) and Limited Liability Partnerships (Filing Periods and Late Filing Penalties) Regulations 2008 Draft Companies (Trading Disclosures) Regulations 2008 Draft Companies Act 2006 (Amendment) (Accounts and Reports) Regulations 2008 Draft County Durham (Structural Change) Order 2008 Draft Greater London Authority Elections (Election Addresses) (Amendment) Order 2008 Draft Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 Draft Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2008 Draft Northumberland (Structural Change) Order 2008 Draft Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2008 Draft Small Companies and Groups (Accounts and Directors’ Report) Regulations 2008 Draft Statutory Auditors (Delegation of Functions etc) Order 2008 Draft Wiltshire (Structural Change) Order 2008. (HL Paper 35) Public Business 2 Whaling: Japan A question was asked by Lord Hoyle and answered by Lord Rooker. 3 Civil Service Bill A question was asked by Lord Sheldon and answered by the Lord President (Baroness Ashton of Upholland). 4 Autism A question was asked by Baroness Uddin and answered by Lord Adonis. 5 Medical Education A question was asked by Baroness Finlay of Llandaff and answered by Lord Darzi of Denham. Page 179 2007-08 Volume 241 Back to top6 Local Transport Bill [HL] The report was received. Amendments were agreed to. Amendment 2C was disagreed to (see division list). The report stage was adjourned. 7 European Communities (Finance) Bill A bill to amend the definition of “the Treaties” and “the Community Treaties” in section 1(2) of the European Communities Act 1972 so as to include the decision of 7th June 2007 of the Council on the Communities’ system of own resources, certified by the Speaker as a money bill, was brought from the Commons. It was read a first time and ordered to be printed. (HL Bill 18) 8 European Communities (Finance) Bill The Explanatory Notes on the bill were ordered to be printed. (HL Bill 18-EN) 9 Home Information Pack (Amendment) Regulations 2007 Lord Dixon-Smith moved that a Humble Address be presented to Her Majesty praying that the Regulations, laid before the House on 23 November 2007, be annulled (SI 2007/3301). After debate, the motion was withdrawn. 10 Local Transport Bill [HL] The report stage was continued, beginning with amendment 109. Amendments were agreed to. The bill, as amended, was ordered to be printed. (HL Bill 19) The House adjourned at 10.21pm until Thursday 17 January at 11.00am. Grand Committee Business The Grand Committee met in the Moses Room at 3.45pm. Children and Young Persons Bill [HL] The Grand Committee further considered the bill, beginning with amendment 27. Amendments were agreed to. The Committee adjourned after clause 16 was agreed to. The Committee adjourned at 7.46pm. 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: Salary Review Bodies—64th Report of the Review Body on Senior Salaries, including Independent Studies on pay and allowances, and pension. (7270) Affirmative Instruments The following instruments were laid before the House for approval by resolution: 1 (1) Draft Industrial Training Levy (Engineering Construction Industry Training Board) Order 2008 (2) Draft Industrial Training Levy (Construction Industry Training Board) Order 2008 laid under the Industrial Training Act 1982. 2 Draft Scottish Parliament (Elections etc.) (Amendment) Order 2008, laid under the Scotland Act 1998. 3 Draft Representation of the People (Scotland) (Amendment) Regulations 2008, laid under the Representation of the People Act 1983. Page 180 2007-08 Volume 241 Back to topNegative Instruments The following instruments were laid before the House: 1 Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2008, laid under the Armed Forces (Pensions and Compensation) Act 2004. (39) 2 Absent Voting (Transitional Provisions) (Scotland) Regulations 2008, laid under the Electoral Administration Act 2006. (48) 3 (1) Hill Farm Allowance Regulations 2008 (51) (2) European Communities (Lawyer’s Practice and Services of Lawyers) (Amendment) Regulations 2008 (81) laid under the European Communities Act 1972. Papers not subject to parliamentary proceedings The following papers were laid before the House: 1 Statement from the Department for Environment, Food and Rural Affairs of remuneration and allowances payable to members of the British Waterways Board, laid under the Transport Act 1962. 2 Amendment List 19 to the Fifth Edition of the Queen’s Regulations for the Royal Air Force, laid under the Air Force (Constitution) Act 1917. Judicial Business 1 Earl Cadogan (Petitioner) v Pitts and another (Respondents) and one other action The petition of the Earl Cadogan praying for leave to appeal was presented and referred to an Appeal Committee (lodged 18 December). 2 Appiah (FC) and another (FC) (Petitioners) v Governing Body of Bishop Douglass Roman Catholic School (Respondents) The petition of Reinhart Appiah and Frank Wabwire praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners’ certificates of public funding were lodged (lodged 4 January). 3 Banfield and another (Petitioners) v Leeds Building Society (Respondents) The petition of Lawrence Banfield and Beaulah Banfield praying for leave to appeal was presented and referred to an Appeal Committee. 4 Mucelli (Petitioner) v Government of Albania (Respondents) The petition of Vullnet Mucelli praying for leave to appeal in accordance with the Extradition Act 2003 was presented and referred to an Appeal Committee (lodged 10 December). 5 In re McGee (AP) (Petitioner) (Northern Ireland) The petition of Bernard (Brian) McGee praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged (lodged 10 January). 6 In re BW (AP) (Petitioner) (Northern Ireland) The petition of BW praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged (lodged 14 January). 7 Her Majesty’s Attorney General (Respondent) v Miles and another (Petitioners) The petition of John Miles and Bridget Miles 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 3 January). Page 181 2007-08 Volume 241 Back to top8 R (on the application of M) (FC) (Appellant) v Her Majesty’s Treasury (Respondents) and two other actions The appeal was set down for hearing and referred to an Appellate Committee (lodged 17 December). 9 R v GG plc and others (Appellants) and others and others (Appellants) (On Appeal from the Court of Appeal (Criminal Division)) The appeal was set down for hearing and referred to an Appellate Committee. 10 Pilecki (Appellant) v Circuit Court of Legnica, Poland (Respondents) (Criminal Appeal from Her Majesty’s High Court of Justice) The appeal was set down for hearing and referred to an Appellate Committee (lodged 4 January). 11 Spencer-Franks (Appellant) v Kellogg Brown and Root Limited and others (Respondents) (Scotland) The appeal was set down for hearing and referred to an Appellate Committee (lodged 7 January). 12 Scottish & Newcastle plc (Original Respondents and Cross-appellants) v Raguz (Original Appellant and Cross-respondent) The appeal was set down for hearing and referred to an Appellate Committee (lodged 9 January). 13 Knowsley Housing Trust (Respondents) v White (FC) (Appellant) 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 8 February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 14 December). 14 R (on the application of Bancoult) (Respondent) v Secretary of State for Foreign and Commonwealth Affairs (Appellant) 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 21 January (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 14 December). 15 McEwan (AP) (Appellant) v De La Salle Brothers (Respondents) and others and another (Respondent) (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 31 January (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 19 December). 16 R (on the application of JL) (Respondent) v Secretary of State for Justice (Appellant) 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 25 February (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 20 December). 17 Zalewska (AP) (Appellant) v Department for Social Development (Respondents) (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 14 February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 21 December). 18 In re P and others (AP) (Appellants) (Northern Ireland) The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 19 February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 7 January). 19 Bowden (AP) (Appellant) v Poor Sisters of Nazareth (Respondents) and others (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 20 February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 4 January). 20 Whitton (AP) (Appellant) v Poor Sisters of Nazareth (Respondents) and others (Scotland) The petition of the appellant praying that the time for lodging the statement and appendix and setting Page 182 2007-08 Volume 241 Back to topdown the cause for hearing might be extended to 20 February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 4 January).21 WHA Limited and others (Appellants) v Her Majesty’s Revenue and Customs (Respondents) The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 19 February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 4 January). 22 R (on the application of Heffernan) (FC) (Appellant) v The Rent Service (Respondents) 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 20 February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 8 January). 23 R (on the application of RJM) (FC) (Appellant) v Secretary of State for Work and Pensions (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 20 February (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 8 January). 24 R (on the application of Mondelly) (Appellant) v Commissioner of Police for the Metropolis (Respondent) (Criminal Appeal from Her Majesty’s High Court of Justice) The petition of the appellant praying that the appeal be withdrawn on the terms agreed between the parties and that the appellant’s costs be taxed in accordance with the Access to Justice Act 1999 (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed. 25 Appeal Committee The 19th Report from the Appeal Committee was agreed to and the following Order was made: In re C (a child) (Respondent) That leave to appeal be refused; that the child’s guardian be at liberty to apply for her 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. Division Local Transport Bill [HL] Lord Hanningfield moved amendment 2C, in clause 9, page 11, line 34, at end to insert: “(2C) (a) In preparing their local transport plan, the authority may create a bus partnership scheme. (b) A bus partnership scheme shall agree guidelines and seek consensus on bus routes, frequencies, fares and other matters that shall be agreed, for the period of the local transport plan. (c) In constructing a bus partnership scheme, the authority shall consult all operators of registered services in the specified area. (d) In exercising their statutory functions under the Town and Country Planning Acts, the local planning authority shall have regard to the bus partnership scheme and guidance contained therein.” The House divided:
Contents
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