House of Lords Journal 241 (Session 2007-08)
Membership of the House
Minutes and Order Papers
Tuesday 1 July 2008
The House met at 2.30pm.
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.
1 Lord Bishop of Lincoln John Charles Lord Bishop of Lincoln was introduced between the Lord Bishop of St Albans and the Lord Bishop of Southwell and Nottingham; and took and subscribed the oath.
2 Baroness Manningham-Buller Dame Elizabeth Lydia Manningham-Buller, DCB, having been created Baroness Manningham-Buller, of Northampton in the County of Northamptonshire, for life by Letters Patent dated 2 June 2008, was introduced between Lord Inge and Lord Luce, and took and subscribed the oath. (See Appendix)
3 Merits of Statutory Instruments
24th Report, on the following negative instruments, together with the minutes of evidence:
Fire and Rescue Services (National Framework) (England) Order 2008
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4 Housing: selective licensing schemes A question was asked by Lord Greaves and answered by Baroness Andrews.
5 National Health Service: sixtieth anniversary A question was asked by Baroness Jones of Whitchurch and answered by Lord Darzi of Denham.
6 Railways: passenger demand A question was asked by Lord Bradshaw and answered by Lord Bassam of Brighton.
7 Police: ethnic minority officers A question was asked by Lord Sheikh and answered by Lord West of Spithead.
8 Special Educational Needs (Information) Bill The order of commitment was discharged.
9 Alcohol Labelling Bill [HL] The bill was read a third time and passed. The bill was sent to the Commons.
10 Health and Social Care Bill The bill was read a third time. Amendments were agreed to. Then the bill was passed and returned to the Commons with amendments.
11 Education and Skills Bill The bill was further considered in Committee, beginning with amendment 22. Amendments were considered. The House resumed.
12 Terrorism Act 2006 (Disapplication of Section 25) Order 2008 Lord West of Spithead moved that the draft Order laid before the House on 21 May be approved. After debate, the motion was agreed to.
The House adjourned. The House resumed.
13 Energy Bill The bill was reported from the Grand Committee with amendments. The bill, as amended, was ordered to be printed. (HL Bill 72)
14 Education and Skills Bill The bill was further considered in Committee, beginning with amendment 50. Amendments were considered. The House resumed after amendment 61A.
The House adjourned at 10.05pm until Wednesday 2 July at 9.45am for judicial business, 3.00pm for public business.
Grand Committee Business
The Grand Committee met in the Moses Room at 3.30pm.
Energy Bill The Grand Committee further considered the bill, beginning with amendment 63C. Amendments were considered. The bill was reported with amendments.
The Committee adjourned at 7.40pm.
All statutory instruments laid before the House are accompanied by an Explanatory Memorandum presented by command of Her Majesty, unless otherwise indicated.
The following paper was presented to the House by command of Her Majesty:
BankingFurther Consultation Paper of the Bank of England, HM Treasury and the Financial Services Authority on financial stability and depositor protection. (7436)
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The following instruments were laid before the House:
1 National Health Service (Optical Charges and Payments) Amendment (No. 2) Regulations 2008, laid under the National Health Service Act 1977. (1657)
2 (1) Cross-border Railway Services (Working Time) Regulations 2008 (1660)
(2) Regulated Covered Bonds (Amendment) Regulations 2008 (1714)
(3) Eggs and Chicks (England) Regulations 2008 (1718)
laid under the European Communities Act 1972.
3 Armed Forces (Entry, Search and Seizure) (Amendment) Order 2008, laid under the Armed Forces Act 2001. (1698)
4 Courts-Martial (Amendment) Rules 2008, laid under the Army Act 1955. (1699)
5 (1) Estate Agents (Redress Scheme) Order 2008 (1712)
(2) Estate Agents (Redress Scheme) (Penalty Charge) Regulations 2008 (1713)
laid under the Estate Agents Act 1979.
Papers not subject to parliamentary proceedings
The following papers were laid before the House:
1 Report and Accounts for 2007-08 of the Legal Services Ombudsman for England and Wales, laid under the Courts and Legal Services Act 1990.
2 Report for 2007-08 of the Regulator of Community Interest Companies, laid under the Companies (Audit, Investigations and Community Enterprise) Act 2004.
3 (1) Report for 1989 of Local Government Financial Statistics in England
(2) Report for 1990 of Local Government Financial Statistics in England
(3) Report for 1991 of Local Government Financial Statistics in England
(4) Report for 1990-91 to 1993-4 of Local Government Financial Statistics in England
(5) Report for 1994 of Local Government Financial Statistics in England
laid under the Local Government Act 1972.
1 Schweppe (Petitioner) v Harper (Respondent) The petition of Desmond Schweppe praying for leave to appeal was presented and referred to an Appeal Committee (lodged 23 June).
2 Moran (FC) (Petitioner) v Manchester City Council (Respondents) The petition of Sharon Moran praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners certificate of public funding was lodged (lodged 30 June).
3 Obiang Mbasogo (President of the State of Equatorial Guinea) and others (Appellants) v Logo Limited and others (Respondents) The Appellate Committee reported that upon application by the appellants (the agents for the respondents consenting thereto) it had ordered that the appeal and
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(1) that the appeal in relation to the Appellants claim against the First, Second, Fourth and Fifth Respondents and all pending petitions lodged by the Appellants against the First, Second, Fourth and Fifth Respondents be withdrawn;
(2) that all pending petitions lodged on behalf of the First, Second, Fourth and Fifth Respondents in relation to the Appellants claim against them be withdrawn;
(3) that the Order of this House dated 6 February 2008 be discharged;
(4) that there be no order as between the Appellants and the First, Second, Fourth and Fifth Respondents on the Appellants application to restore the appeal in relation to their claim against the First, Second, Fourth and Fifth Respondents;
(5) that there be no order as to costs in relation to the Appellants appeal in relation to their claim against the First, Second, Fourth and Fifth Respondents and in relation to any pending or previous petitions lodged by the Appellants against the First, Second, Fourth and Fifth Respondents;
(6) that there be no order as to costs in relation to any pending or previous petitions lodged on behalf of the First, Second, Fourth and Fifth Respondents in relation to the Appellants claim against them;
(7) that any orders as to costs which have been made in the Court of Appeal and in the Queens Bench Division of the High Court as between the Appellants and the First, Second, Fourth and Fifth Respondents (including the order made by the Court of Appeal on 23 October 2006) shall not be further enforced;
(8) that in relation to the action and appeals between the Appellants and the First, Second, Fourth and Fifth Respondents, any and all monies held as security for costs in the House of Lords Security Account Fund and/or in court and/or joint deposit accounts and/or held as security in compliance with the Practice Directions or Standing Orders of this House or Orders of the Court of Appeal or of the Queens Bench Division of the High Court or undertakings to the court be returned to the paying party forthwith;
(9) that the Agents for the Appellants and the Fifth Respondent shall forthwith execute a written instruction to the Allied Irish Bank (GB) authorising the immediate payment of all sums in the fixed deposit account no. 41616668 in the joint names of Penningtons Solicitors LLP and Collyer Bristow LLP, together with interest, to Penningtons Solicitors LLP; and
(10) that save as provided for in (8) and (9) above, neither the Appellants nor the First, Second, Fourth and Fifth Respondents shall have any obligation to pay or repay any sum to the other (which for the avoidance of any doubt includes any costs arising in the Royal Court of Guernsey, the Court of Appeal of Guernsey and the Privy Council), and any costs orders made shall be treated as having been discharged.
4 Appeal Committee The 91st Report from the Appeal Committee was agreed to and the following Orders were made:
Dixon (Petitioner) v Marchant (formerly Dixon) (Respondent) That leave to appeal be refused; that the respondent 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.
Berkeley (Respondent) v Bulliqi (Petitioner) That leave to appeal be refused; that the respondent 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.
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ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion in pursuance of the Life Peerages Act 1958 and of all other powers in that behalf Us enabling do by these Presents advance create and prefer Our trusty and well beloved Dame Elizabeth Lydia Manningham-Buller Dame Commander of Our Most Honourable Order of the Bath (commonly called the Honourable Dame Elizabeth Lydia Manningham-Buller) to the state degree style dignity title and honour of Baroness Manningham-Buller of Northampton in Our County of Northamptonshire
And for Us Our heirs and successors do appoint give and grant unto her the said name state degree style dignity title and honour of Baroness Manningham-Buller to have and to hold unto her for her life
Willing and by these Presents granting for Us Our heirs and successors that she may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that she may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy
In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster the second day of June in the fifty-seventh year of Our Reign
BY WARRANT UNDER THE QUEENS SIGN MANUAL