House of Lords Journal 241 (Session 2007-08) |
Lords Journals Contents General Index Judicial Index Membership of the House Minutes and Order Papers |
Page 204 2007-08 Volume 241Wednesday 23 January 2008 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 Manchester. Judicial Business For judicial business see below. The House adjourned. The House resumed. 1 Leave of Absence Leave of absence was granted to the following Lords for the remainder of this Parliament: Lord Habgood Lord Randall of St Budeaux Select Committee Reports 2 Human Rights A Life Like Any Other? Human Rights of Adults with Learning Disabilities. (7th Report, HL Paper 40) 3 Statutory Instruments 7th Report on certain statutory instruments, including the following affirmative instruments: Draft Industrial Training Levy (Construction Industry Training Board) Order 2008 Draft Industrial Training Levy (Engineering Construction Industry Training Board) Order 2008 Draft Immigration, Asylum and Nationality Act 2006 (Duty to Share Information and Disclosure of Information for Security Purposes) Order 2008 Draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2008. (HL Paper 41) 4 Constitution Committee Pre-Legislative Scrutiny in the 2006-07 Session (4th Report, HL Paper 43) Annual Report 2006-07. (5th Report, HL Paper 44) Public Business 5 Squirrels A question was asked by Lady Saltoun of Abernethy and answered by Lord Rooker. 6 Parliament: broadcasting A question was asked by Lord Vinson and answered by Lord Davies of Oldham. Page 207 2007-08 Volume 241 Back to top7 Children: poverty A question was asked by Lord Giddens and answered by Lord McKenzie of Luton. 8 Pakistan: elections A question was asked by Lord Desai and answered by Lord Malloch-Brown. 9 Dormant Bank and Building Society Accounts Bill [HL] Lord Davies of Oldham moved that the amendments for the Report stage be marshalled and considered in the following order:
The motion was agreed to. 10 Climate Change Bill [HL] The bill was further considered in Committee, beginning with clause 36. The House resumed after clause 50 was agreed to. 11 Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2008 Lord West of Spithead moved that the draft Order laid before the House on 17 December 2007 be approved. After debate, the motion was agreed to. The House adjourned. The House resumed. 12 Climate Change Bill [HL] The bill was further considered in Committee, beginning with amendment 182C. Amendments were agreed to. The House resumed after amendment 183BA. The House adjourned at 10.18pm until Thursday 24 January at 11.00am. Grand Committee Business The Grand Committee met in the Moses Room at 3.45pm. Regulatory Enforcement and Sanctions Bill [HL] The Grand Committee further considered the bill, beginning with amendment 30. Amendments were agreed to. The Committee adjourned after amendment 67. The Committee adjourned at 7.32pm. Papers All statutory instruments laid before the House are accompanied by an Explanatory Memorandum presented by command of Her Majesty, unless otherwise indicated. Instruments Withdrawn The following instruments, laid before the House on 16 January, were withdrawn: 1 Draft Representation of the People (Scotland) (Amendment) Regulations 2008. 2 Draft Scottish Parliament (Elections etc.) (Amendment) Order 2008. Command Papers The following papers were presented to the House by command of Her Majesty: 1 Treaty Series—Third Supplementary List of Ratifications, Accessions, Withdrawals, Etc., for 2007. (7307) 2 Social Security—Report by the Government Actuary on the drafts of the Social Security Benefits Up-rating Order 2008 and the Social Security (Contributions) (Re-rating) Order 2008. (7312) Page 208 2007-08 Volume 241 Back to topAffirmative Instruments The following instruments were laid before the House for approval by resolution: 1 Draft Guaranteed Minimum Pensions Increase Order 2008, laid under the Pension Schemes Act 1993. 2 (1) Draft Social Security Benefits Up-rating Order 2008 (2) Draft Social Security (Contributions) (Re-rating) Order 2008 laid under the Social Security Administration Act 1992. 3 Draft Representation of the People (Scotland) (Amendment) Regulations 2008, laid under the Representation of the People Act 1983. 4 Draft Scottish Parliament (Elections etc.) (Amendment) Order 2008, laid under the Scotland Act 1998. Negative Instruments The following instruments were laid before the House: 1 Export Control (Democratic Republic of Congo) (Amendment) Order 2008, laid under the Export Control Act 2002. (131) 2 Social Security (Contributions) (Amendment) Regulations 2008, laid under the Social Security Contributions and Benefits Act 1992. (133) Paper not subject to parliamentary proceedings The following paper was laid before the House: Accounts for 2006-07 of Northern Ireland Land Purchase, together with the Report of the Comptroller and Auditor General, laid under the Northern Ireland Land Purchase (Winding Up) Act 1935. Judicial Business 1 Phillips and another (suing as administrators of the estate of Christo Michailidis) (Appellants) v Symes and others (Respondents) and others It was moved by Lord Bingham of Cornhill that the 11th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed and the Order of Her Majesty’s Court of Appeal of 19 May 2006 set aside; that paragraphs 1 and 4 of the Order of Mr Justice Peter Smith in Her Majesty’s High Court of Justice of 19 August 2005 be restored; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2008] UKHL 1 2 Fleming (t/a Bodycraft) (Respondent) v Her Majesty’s Revenue and Customs (Appellants) 3 Condeú Nast Publications Limited (Respondents) v Her Majesty’s Revenue and Customs (Appellants) It was moved by Lord Hope of Craighead that the 12th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that in the appeal of Her Majesty’s Revenue and Customs against Fleming, the Order of Her Majesty’s Court of Appeal of 15 February 2006 be affirmed and the appeal dismissed; and that the appellants do pay to the respondent his costs of the appeal in this House; and that in the appeal of Her Majesty’s Revenue and Customs against The Condeú Nast Publications, the Order of Her Majesty’s Court of Appeal of 11 July 2006 be affirmed and the appeal dismissed; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2008] UKHL 2 Page 209 2007-08 Volume 241 Back to top4 Smith (on behalf of the Gypsy Council) (Respondent) v Buckland (FC) (Petitioner) The petition of Maria Buckland praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 17 January). 5 R (on the application of Rudi) (FC) (Petitioner) v Secretary of State for the Home Department The petition of Mifail Rudi praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged. 6 C plc v P (Appellant) and another (Respondent) The petition of the appellant praying that the security for costs required under Standing Order V be waived was presented and referred to an Appeal Committee. 7 Appeal Committee The following Order was made pursuant to the 11th Report: Togher (Petitioner) v Her Majesty’s Revenue and Customs (Respondents) That leave to appeal be refused; that the respondent 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.
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