House of Lords Journal 241 (Session 2007-08)


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Friday 18 July 2008

The House met at 10.00am.

The following Lords Spiritual and Temporal were present:

Hayman, B. (Lord Speaker)

Acton, L.
Adams of Craigielea, B.
Addington, L.
Ahmed, L.
Ampthill, L.
Anderson of Swansea, L.
Attlee, E.
Bach, L.
Barker, B.
Bew, L.
Bhattacharyya, L.
Bilston, L.
Bonham-Carter of Yarnbury, B.
Borrie, L.
Boston of Faversham, L.
Boyd of Duncansby, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Brown of Eaton-under-
Heywood, L.
Burnett, L.
Caithness, E.
Campbell of Alloway, L.
Campbell-Savours, L.
Carter of Coles, L.
Cathcart, E.
Chorley, L.
Clarke of Hampstead, L.
Clinton-Davis, L.
Colwyn, L.
Corbett of Castle Vale, L.
Cotter, L.
Craigavon, V.
Crickhowell, L.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Thornton-le-Fylde, B.
Deech, B.
Desai, L.
Dholakia, L.
Donoughue, L.
D’Souza, B.
Dubs, L.
Elder, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Exeter, Bp.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fookes, B.
Forsyth of Drumlean, L.
Foster of Bishop Auckland, L.
Fowler, L.
Gale, B.
Garden of Frognal, B.
Gardner of Parkes, B.
Geddes, L.
Gibson of Market Rasen, B.
Glentoran, L.
Goodhart, L.
Goodlad, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Griffiths of Fforestfach, L.
Grocott, L.
Hameed, L.
Hamwee, B.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Haworth, L.
Henig, B.
Higgins, L.
Hollis of Heigham, B.
Hooper, B.
Hooson, L.
Howarth of Newport, L.
Howe of Idlicote, B.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Wirral, L.
Janner of Braunstone, L.
Jenkin of Roding, L.
Jones of Whitchurch, B.
Kilclooney, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Lamont of Lerwick, L.
Lucas, L.
Luke, L.
McColl of Dulwich, L.
McIntosh of Haringey, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
McNally, L.
Mar and Kellie, E.
Marlesford, L.
Massey of Darwen, B.
Mawson, L.
Maxton, L.
Miller of Hendon, B.
Molyneaux of Killead, L.
Montgomery of Alamein, V.
Morgan of Huyton, B.
Morris of Bolton, B.
Morris of Manchester, L.
Moynihan, L.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Noakes, B.
Northbrook, L.
O’Cathain, B.
O’Neill of Clackmannan, L.
Parekh, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Pitkeathley, B.
Powell of Bayswater, L.
Puttnam, L.
Quin, B.
Quirk, L.
Ramsay of Cartvale, B.
Rawlings, B.
Razzall, L.
Rea, L.
Redesdale, L.
Richard, L.
Roberts of Llandudno, L.
Rogan, L.

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Roper, L.
Rosser, L.
Rowlands, L.
Royall of Blaisdon, B.
Ryder of Wensum, L.
St John of Fawsley, L.
Sawyer, L.
Scott of Needham Market, B.
Selborne, E.
Selkirk of Douglas, L.
Selsdon, L.
Sewel, L.
Sheikh, L.
Simon, V.
Skelmersdale, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Soley, L.
Steel of Aikwood, L.
Stern, B.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taylor of Blackburn, L.
Taylor of Holbeach, L.
Temple-Morris, L.
Teverson, L.
Thomas of Walliswood, B.
Thomas of Winchester, B.
Tomlinson, L.
Tonge, B.
Tope, L.
Trenchard, V.
Trimble, L.
Trumpington, B.
Truscott, L.
Uddin, B.
Vallance of Tummel, L.
Verma, B.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Warner, L.
Warnock, B.
Watson of Invergowrie, L.
Waverley, V.
Whitaker, B.
Wilcox, B.
Williams of Elvel, L.
Wilson of Tillyorn, L.
Windlesham, L.
Woolmer of Leeds, L.
Wright of Richmond, L.

Prayers were read by the Lord Bishop of Exeter.

1    Lord Hunt of Tanworth The Lord Speaker informed the House that Lord Hunt of Tanworth, a member of the House, had died on 17 July 2008.

Private Business

2    London Local Authorities Bill [HL]
The bill was reported from the Select Committee with amendments. A Special Report was made and ordered to be printed (HL Paper 160). The bill was re-committed to an Unopposed Bill Committee.

Public Business

3    Health and Safety (Offences) Bill The order of commitment was discharged.

4    Consolidated Fund (Appropriation) (No. 2) Bill Lord Davies of Oldham moved that the bill be now read a second time. The motion was agreed to and the Committee was negatived. Then, Standing Order 47 having been dispensed with, the bill was read a third time and passed.

5    Finance Bill Lord Davies of Oldham moved that the bill be now read a second time. After debate, the motion was agreed to and the Committee was negatived. Then, Standing Order 47 having been dispensed with, the bill was read a third time and passed.

6    Finance Bill (EAC Report) Lord Vallance of Tummel moved that this House takes note of the Report of the Economic Affairs Committee on The Finance Bill 2008 (2nd Report, HL Paper 117). The motion was agreed to.

The House adjourned at 1.38pm until 2.30pm on Monday 21 July.

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 11 March, was withdrawn:

Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2008.

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Command Papers

The following papers were presented to the House by command of Her Majesty:

1    Regulatory Impact—28th Report on Regulatory Impact Assessments for the period 1 July 2007 to 31 March 2008.     (7358)

2    Courts—Extending the Powers of the Crown Court to Prevent Fraud and Compensate Victims: Government consultation document.     (7442)

3    Exports—Report for 2007 of United Kingdom Strategic Export Controls.     (7451)

Negative Instruments

The following instruments were laid before the House:

1    Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2008, laid under the Access to Justice Act 1999.     (666)

2    Local Involvement Networks (Amendment) Regulations 2008, laid under the Local Government and Public Involvement in Health Act 2007.     (1877)

3    Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008, laid under the Welfare Reform Act 2007.     (1879)

4    Companies (Trading Disclosures) (Insolvency) Regulations 2008, laid under the European Communities Act 1972.     (1897)

5    Whole of Government Accounts (Designation of Bodies) (No. 2) Order 2008, laid under the Government Resources and Accounts Act 2000.     (1907)

Paper not subject to parliamentary proceedings

The following paper was laid before the House:

Report and Accounts for 2007-08 of the Derby Hospitals NHS Foundation Trust, laid under the National Health Service Act 2006.

Instrument coming into operation before being laid

The Lord Speaker informed the House that she had received, under the proviso to section 4(1) of the Statutory Instruments Act 1946, notification that the following instrument had come into operation before being laid before Parliament, together with an explanation:

Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2008.     (666)

Judicial Business

1    McGrath and another (Appellants) and others v Riddell and others (Respondents)

2    McGrath and another and others (Appellants) v Riddell and others (Respondents)

(Conjoined Appeals)

Further to the Order of the House of Wednesday 9 April 2008 (31st Report, Session 2007-08; [2008] UKHL 21) it was ordered that there be no further Order for costs save that (i) the costs of the respondents in this House and in the courts below be payable as an expense of the provisional liquidations of the Companies; and (ii) the costs of the Australian insurance creditors in this House and in the courts below be payable as an expense of the provisional liquidations of the Companies, the amount of such costs to be certified by the Clerk of the Parliaments if not agreed between the parties.

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3    Beoku-Betts (FC) (Appellant) v Secretary of State for the Home Department (Respondent) Further to the Order of the House of Wednesday 25 June (49th Report, Session 2007-08; [2008] UKHL 39) it was ordered that the respondent do pay or cause to be paid to the appellant his costs of the appeal to Her Majesty’s Court of Appeal and to this House, 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 and the amount of such costs in this House to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the appellant be taxed in accordance with the Access to Justice Act 1999.

4    R v Asfaw (Appellant) (On Appeal from the Court of Appeal Criminal Division) Further to the Order of the House of Wednesday 21 May 2008 (41st Report, Session 2007-08; [2008] UKHL 31) it was ordered that the costs of the appellant in this House and in the courts below be paid out of central funds in accordance with section 16 of the Prosecution of Offences Act 1985, the amount of such costs incurred in this House to be certified by the Clerk of the Parliaments and the amount of such costs below to be determined by a Costs Judge; and that such costs in this House include provision for one leading Counsel and two junior Counsel.

5    R (on the application of Edwards and another) (Appellant) v Environment Agency and others (Respondents) Further to the Order of the House of Wednesday 16 April 2008 (32nd Report, Session 2007-08; [2008] UKHL 22) it was ordered that the appellant do pay or cause to be paid to the respondents their costs of the appeal to this House, the amount of such costs to be certified by the Clerk of the Parliaments if not agreed between the parties.

6    AL (Serbia) (FC) (Appellant) v Secretary of State for the Home Department (Respondent)

7    R (on the application of Rudi) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) Further to the Order of the House of 25 June 2008 (52nd Report, Session 2007-08; [2008] UKHL 42) it was ordered that in each appeal the appellant do pay or cause to be paid to the respondent her costs in this House, the amounts of such costs, if any, to be paid by the appellant and to be paid out of the Community Legal Service Fund to be certified by the Clerk of the Parliaments if not agreed between the parties: And it is further Ordered, That the costs of the appellant in each appeal be taxed in accordance with the Access to Justice Act 1999.

8    R (on the application of Gentle (FC) and another (FC)) (Appellants) v The Prime Minister and others (Respondents) Further to the Order of the House of 9 April 2008 (30th Report, Session 2007-08; [2008] UKHL 20) it was ordered that the appellants do pay or cause to be paid to the respondents their costs in this House, such costs to include provision for two Queens’ Counsel and one junior Counsel; that the amount of such costs, if any, to be paid by the appellants and to be paid out of the Community Legal Service Fund be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the appellants be taxed in accordance with the Access to Justice Act 1999.

9    OB (by his mother and litigation friend) (FC) (Respondent) v Aventis Pasteur SA (Appellants) Further to the order of the House of Wednesday 11 June 2008 (44th Report, Session 2007-08; [2008] UKHL 34) it was ordered that the following question be referred to the Court of Justice of the European Communities for a preliminary ruling under Article 234 of the Treaty establishing the European Community: “Is it consistent with the European Product Liability Directive for the laws of a Member State to allow substitution of a new defendant to a claim brought under the Directive after the 10 year period for enforcing rights under Article 11 of the Directive has expired in circumstances where the only person named as a defendant in proceedings instituted during the 10 year period was someone who does not fall within Article 3 of the Directive?”.

10    Porter (FC) (Petitioner) v Shepherds Bush Housing Association (Respondents) The petition of Oslo Porter praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 19 May).

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11    Moore Stephens (a firm) (Respondents) v Stone & Rolls Limited (in liquidation) (Petitioners) The petition of Stone & Rolls Limited praying for leave to appeal was presented and referred to an Appeal Committee.