House of Lords Journal 241 (Session 2007-08) |
Lords Journals Contents General Index Judicial Index Membership of the House Minutes and Order Papers |
Page 263 2007-08 Volume 241Wednesday 6 February 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 Southwell and Nottingham. Judicial Business For judicial business see below. The House adjourned. The House resumed. Select Committee Reports 1 Committee for Privileges The following Report from the Select Committee was made and ordered to be printed: Declaration of Relevant Interests in Debate (See Appendix). (First Report, HL Paper 52) 2 Statutory Instruments 9th Report on certain statutory instruments, including the following affirmative instruments: Draft Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008 Private Business 3 London Local Authorities Bill [HL] The following petitions praying to be heard against the bill were deposited on or before 6 February:
4 London Local Authorities and Transport for London (No. 2) Bill [HL] The following petitions praying to be heard against the bill were deposited on or before 6 February: Page 266 2007-08 Volume 241 Back to top
Public Business 5 Youth offenders: Review of Restraint A question was asked by Lord Judd and answered by Lord Hunt of Kings Heath. 6 Squirrels A question was asked by Lord Rotherwick and answered by Lord Rooker. 7 Local Government: Representing the Future A question was asked by Lord Greaves and answered by Baroness Andrews. 8 Kenya A question was asked by Lord Sheikh and answered by Lord Malloch-Brown. 9 National security: Chilcot report The Lord President (Baroness Ashton of Upholland) repeated a ministerial statement made in the House of Commons. 10 Criminal Justice and Immigration Bill The bill was further considered in Committee, beginning with amendment 32. Amendments were agreed to. The House resumed. 11 Regulatory Enforcement and Sanctions Bill [HL] The bill was reported from the Grand Committee with amendments. The bill, as amended, was ordered to be printed. (HL Bill 31) 12 Zimbabwe A question was asked by Lord Blaker and, after debate, answered by Lord Malloch-Brown. 13 Criminal Justice and Immigration Bill The bill was further considered in Committee, beginning with amendment 68. The House resumed after amendment 78. The House adjourned at 10.13pm until Thursday 7 February 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 135. Amendments were agreed to. It was ordered that the bill be reported with amendments. The Committee adjourned at 7.17pm. Papers All statutory instruments laid before the House are accompanied by an Explanatory Memorandum presented by command of Her Majesty, unless otherwise indicated. Command Papers The following papers were presented to the House by command of Her Majesty: 1 European Union—Prospects for the European Union in 2008: Government proposals. Page 267 2007-08 Volume 241 Back to top2 Interception of Communications—Report of the Privy Council Review of Intercept as Evidence. (7324) Affirmative Instruments The following instruments were laid before the House for approval by resolution: 1 Draft National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008, laid under the Government of Wales Act 2006. 2 (1) Draft Guardian’s Allowance Up-rating Order 2008 (2) Draft Child Benefit Up-rating Order 2008 laid under the Social Security Administration Act 1992. 3 Draft Guardian’s Allowance Up-rating (Northern Ireland) Order 2008, laid under the Social Security Administration (Northern Ireland) Act 1992. 4 Draft Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2008, laid under the Government Resources and Accounts Act 2000. 5 Draft Tax Credits Up-rating Regulations 2008, laid under the Tax Credits Act 2002. 6 Draft Offender Management Act 2007 (Consequential Amendments) Order 2008, laid under the Offender Management Act 2007. Negative Instruments The following instruments were laid before the House: 1 Income-related Benefits (Subsidy to Authorities) Amendment Order 2008, laid under the Social Security Administration Act 1992. (196) 2 Rating Lists (Valuation Date) (England) Order 2008, laid under the Local Government Finance Act 1988. (216) 3 Immigration and Nationality (Cost Recovery Fees) (Amendment) Regulations 2008, laid under the Immigration, Asylum and Nationality Act 2006. (218) 4 Petroleum Licensing (Production) (Seaward Areas) Regulations 2008, laid under the Petroleum Act 1998. (225) 5 Statement of Changes in Immigration Rules, laid under the Immigration Act 1971. (—) Papers not subject to parliamentary proceedings The following papers were laid before the House: 1 Report required under section 41 of the Tax Credits Act 2002, laid under that Act. 2 Report and Accounts for 2006-07 of the Medical Research Council, laid under the Science and Technology Act 1965. Judicial Business 1 Pilecki (Appellant) v Circuit Court of Legnica, Poland (Respondents) (Criminal Appeal from Her Majesty’s High Court of Justice) It was moved by Lord Bingham of Cornhill that the 17th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of a Divisional Court of the Queen’s Bench Division of Her Majesty’s High Court of Justice of 31 July 2007 be affirmed and the appeal dismissed; and that the question certified by a Divisional Court of the Queen’s Bench Division of Her Majesty’s High Court of Justice on 22 August 2007 be answered in accordance with the opinions expressed in this House. [2008] UKHL 7 2 R v Clarke (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) Page 268 2007-08 Volume 241 Back to top3 R v McDaid (Appellant) (On Appeal from the Court of Appeal (Criminal Division)) (Consolidated Appeals) It was moved by Lord Bingham of Cornhill that the 18th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that both appeals be allowed; that the Orders of Her Majesty’s Court of Appeal Criminal Division of 25 May 2006 dismissing the appeals against conviction of both appellants be set aside and the convictions of both appellants quashed; that the question of law certified by Her Majesty’s Court of Appeal Criminal Division on 25 May 2006 be answered in accordance with the opinions expressed in this House; and that the costs of the appellants in this House and in the Court of Appeal be paid out of central funds in accordance with section 16 of the Prosecution of Offences Act 1985. [2008] UKHL 8 4 In re Maye (AP) (Appellant) (Northern Ireland) It was moved by Lord Bingham of Cornhill that the 19th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Orders of Her Majesty’s Court of Appeal in Northern Ireland of 14 October 2005 be affirmed and the appeal dismissed; and that the question of costs be adjourned in order that the parties may make written representations within 14 days. [2008] UKHL 9 5 Majorstake Limited (Respondents) v Curtis (Appellant) It was moved by Lord Hope of Craighead that the 20th 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 8 August 2006 be set aside and paragraphs 1, 2 and 3 of the Order of His Honour Judge Cowell in the London County Court of 8 November 2005 restored; that the respondents’ claim under section 47(1) of the Leasehold Reform, Housing and Urban Development Act 1993 be dismissed; that it be declared that the respondents’ counter-notice of 21 November 2003 pursuant to section 45 of the Leasehold Reform, Housing and Urban Development Act 1993 is of no effect; and that the respondents do pay or cause to be paid to the appellant his costs in this House and in Her Majesty’s Court of Appeal, 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 to be determined by a Costs Judge if not agreed between the parties. [2008] UKHL 10 Page 269 2007-08 Volume 241 Back to topAPPENDIX 1ST REPORT FROM THE COMMITTEE FOR PRIVILEGES
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