House of Lords Journal 241 (Session 2007-08) |
Lords Journals Contents General Index Judicial Index Membership of the House Minutes and Order Papers |
Wednesday 30 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 St Albans. Page 232 2007-08 Volume 241 Back to topJudicial Business For judicial business see below. The House adjourned. The House resumed. Select Committee Reports 1 Statutory Instruments The following Report from the Joint Committee was made and ordered to be printed: 8th Report on certain statutory instruments, including the following affirmative instruments: Draft Cornwall (Structural Change) Order 2008 2 Science and Technology The following report from the Select Committee was made and ordered to be printed: Radioactive Waste Management Update: Government Response. (2nd Report, HL Paper 48) 3 Delegated Powers and Regulatory Reform The following Report from the Select Committee was made and ordered to be printed: 4th Report, on the following bills: Channel Tunnel Rail Link (Supplementary Provisions) Bill 4 Human Rights The following Report from the Joint Committee was made and ordered to be printed: Counter-Terrorism Policy and Human Rights: Counter-Terrorism Bill. (9th Report, HL Paper 50) Page 233 2007-08 Volume 241 Back to topPublic Business 5 Energy: electricity generation A question was asked by Lord Ezra and answered by Lord Bach. 6 Political Parties: expenditure A question was asked by Lord Hylton and answered by Lord Hunt of Kings Heath. 7 NHS: malnutrition A question was asked by Baroness Knight of Collingtree and answered by Baroness Thornton. 8 Elections: Review of Voting Systems A question was asked by Lord Greaves and answered by Lord Hunt of Kings Heath. 9 Safety Deposit Current Accounts Bill [HL] Earl of Caithness presented a bill to make provision for the introduction of a mandatory requirement for banks and building societies to offer safety deposit current accounts to allow money to be stored for safe-keeping; and for connected purposes. It was read a first time and ordered to be printed. (HL Bill 27) 10 Local Transport Bill [HL] The bill was read a third time. Amendments were agreed to and a privilege amendment was agreed to. The bill was passed and sent to the Commons. 11 Payments into the Olympic Lottery Distribution Fund etc. Order 2007 Lord Davies of Oldham moved that the draft Order laid before the House on 25 October 2007 be approved. Then Lord Clement-Jones moved, as an amendment to the original motion, at end to insert “but this House calls on Her Majesty’s Government to mitigate the impact of this draft Order through exploration of other funding options and to guarantee that the Arts, heritage, sport, charity and voluntary sectors adversely affected by the draft Order benefit from any increase in land value in the Olympic site following completion of the 2012 London Olympic and Paralympic Games”. After debate, the amendment was withdrawn and the original motion was agreed to. 12 Climate Change Bill [HL] The bill was further considered in Committee, beginning with the question that clause 51 be agreed to. The House resumed after clause 60 was agreed to. The House adjourned at 11.01pm until Thursday 31 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 104. Amendments were agreed to. The Committee adjourned after clause 39 was agreed to. The Committee adjourned at 7.23pm. 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 29 January, was withdrawn: Draft Immigration and Nationality (Fees) (Amendment) Regulations 2008. Command Paper The following paper was presented to the House by command of Her Majesty: Page 234 2007-08 Volume 241 Back to topBanking—Financial stability and depositor protection: strengthening the framework: Government consultation document. (7308) Affirmative Instruments The following instruments were laid before the House for approval by resolution: 1 Draft Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2008, laid under the Prevention of Terrorism Act 2005. 2 Draft Immigration and Nationality (Fees) (Amendment) Regulations 2008, laid under the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. Negative Instrument The following instrument was laid before the House: Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) Order 2008, laid under the Judicial Pensions and Retirement Act 1993. (171) Papers not subject to parliamentary proceedings The following papers were laid before the House: 1 Report for 2005-07 of the Mental Health Act Commission, laid under the Mental Health Act 1983. 2 Report and Accounts for 2006-07 of the sportscotland Lottery Fund, laid under the National Lottery etc. Act 1993. Judicial Business 1 In re Hilali (FC) (Respondent) (application for a writ of Habeas Corpus) (Criminal Appeal from Her Majesty’s High Court of Justice) It was moved by Lord Bingham of Cornhill that the 13th 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 Order of the Divisional Court of the Queen’s Bench Division of the High Court of Justice of 25 April 2007 be set aside and the Order of the Senior District Judge of 1 June 2005 to order the respondent’s extradition to Spain restored; and that the costs of the respondent in this House be taxed in accordance with the Access to Justice Act 1999. [2008] UKHL 3 2 In re Duffy (FC) (Appellant) (Northern Ireland) It was moved by Lord Bingham of Cornhill that the 14th 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 Order of Her Majesty’s Court of Appeal in Northern Ireland of 19 June 2006 be set aside and the Order of Mr Justice Morgan in the Queen’s Bench Division of the High Court of Justice in Northern Ireland of 19 May 2006 restored; that the respondent do pay or cause to be paid to the appellant his costs in this House and below, the amount of such costs in this House to be certified by the Clerk of the Parliaments if not agreed between the parties and the amount of such costs in the courts below to be determined by the Taxing Master if not agreed between the parties; and that the costs of the appellant in this House be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. [2008] UKHL 4 3 Boss Holdings Limited (Appellants) v Grosvenor West End Properties and others (Respondents) It was moved by Lord Hoffmann that the 15th 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 Order of Her Majesty’s Court of Appeal of 21 March 2006 so far as complained against and also the Order Page 235 2007-08 Volume 241 Back to topof His Honour Judge Cowell in the Central London County Court of 17 May 2005 so far as complained against be set aside; that it be declared that“the property at 21 Upper Grosvenor Street, London W1 was and is ’designed or adapted for living in’ within the meaning of section 2(1) of the Leasehold Reform Act 1967 (as amended); “the said property was a house within the meaning of section 2(1) of the Leasehold Reform Act 1967 (as amended) as at 14 October 2003, being the date of service of the notice of desire to have the freehold of the said property by the appellant’s predecessor in title pursuant to the said Act; “the appellant is entitled to have the freehold interest in the said property pursuant to the provisions of Part I of the Leasehold Reform Act 1967; and That the respondents do pay or cause to be paid to the appellants their costs in this House and below, the amount of such costs in this House to be certified by the Clerk of the Parliaments if not agreed between the parties, and the amount of such costs in Her Majesty’s Court of Appeal and Central London County Court to be determined by a Costs Judge if not agreed between the parties. [2008] UKHL 5 4 A (Appellant) v Hoare (Respondent) 5 C (FC) (Appellant) v Middlesbrough Council (Respondents) 6 X (FC) and another (FC) (Appellants) v London Borough of Wandsworth (Respondents) (Conjoined Appeals) 7 H (FC) (Appellant) v Suffolk County Council (Respondents) 8 Young (FC) (Appellant) v Catholic Care (Diocese of Leeds) and others (Respondents) It was moved by Lord Hoffmann that the 16th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged In the appeal of A, that the appeal be allowed; that the Order of Her Majesty’s Court of Appeal of 12 April 2006 and also the Order of Mr Justice Jack in the Queen’s Bench Division of Her Majesty’s High Court of Justice of 7 October 2005 be set aside; that the case be remitted to a judge of the Queen’s Bench Division of Her Majesty’s High Court of Justice to decide whether the discretion under section 33 of the Limitation Act 1980 should be exercised in the appellant’s favour; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. In the appeal of C, that the appeal be allowed; that the Order of Her Majesty’s Court of Appeal of 21 December 2004 and also the Order of His Honour Judge Paul Collins CBE sitting in the Queen’s Bench Division of Her Majesty’s High Court of Justice of 28 May 2004 be set aside; that the matter be referred back to the Queen’s Bench Division of Her Majesty’s High Court of Justice with an instruction to give effect to the awards of damages set out in paragraph 33 of the judgment of His Honour Judge Paul Collins CBE which the judge would have made had he been free to decide that the action came within section 11 of the Limitation Act 1980; and that the questions of costs and interest on damages be adjourned in order that the parties may make written submissions within 14 days. In the appeal of X and Y, that the appeal be allowed; that paragraphs 1 and 3 of the Order of Her Majesty’s Court of Appeal of 12 April 2006 and also the Order of His Honour Judge Cotran in the Mayors and City of London County Court of 7 October 2005 be set aside; that the appellants be awarded the agreed sums of damages; and that the questions of costs and interest on damages be adjourned in order that the parties may make written submissions within 14 days. In the appeal of H, that the appeal be allowed against the ruling on limitation only; that the Order of Her Majesty’s Court of Appeal of 12 April 2006 save for paragraph 2 and also the Order of His Honour Judge Yelton in Southend County Court of 21 February 2005 be set aside; that the cause be remitted to His Honour Judge Yelton to decide whether to exercise his discretion under section Page 236 2007-08 Volume 241 Back to top33 of the Limitation Act 1980 to allow the case to proceed; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days.In the appeal of Young, that the appeal be allowed; that the Order of Her Majesty’s Court of Appeal of 14 November 2006 and also the Order of His Honour Judge Cockroft in Dewsbury County Court of 16 December 2005 be set aside; that the matter be remitted to the judge to reconsider in accordance with the opinions expressed in this House; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2008] UKHL 6
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