House of Lords Journal 241 (Session 2007-08) |
Lords Journals Contents General Index Judicial Index Membership of the House Minutes and Order Papers |
Page 823 2007-08 Volume 241Tuesday 7 October 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 Liverpool. 1 Barony of Shaughnessy in the Peerage of the United Kingdom The Petition of Charles George Patrick Shaughnessy claiming to have succeeded to the Barony of Shaughnessy in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as Lord Shaughnessy on the register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor for a report to the House pursuant to Standing Order 11. Select Committee Report 2 Merits of Statutory Instruments The following Report from the Select Committee was made and ordered to be printed: 28th Report, on the following negative instruments, together with the minutes of evidence: Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No. 2) Regulations 2008 Social Security (Miscellaneous Amendments) (No. 4) Regulations 2008 Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008. (HL Paper 171) Public Business 3 European Union: Emissions Trading Scheme A question was asked by the Lord Bishop of Liverpool and answered by Lord Hunt of Kings Heath. 4 Minimum wage A question was asked by Baroness Prosser and answered by Lord Brett. 5 Buses A question was asked by Lord Snape and answered by Lord Adonis. 6 Banking: savings A question was asked by Lord Forsyth of Drumlean and answered by Lord Davies of Oldham. 7 Deputy Chairmen of Committees The Chairman of Committees moved that Lord Bassam of Brighton be appointed a member of the panel of Deputy Chairmen of Committees, in the place of the Lord President (Baroness Royall of Blaisdon). The motion was agreed to. 8 Select Committees The Chairman of Committees moved that the Lord President (Baroness Royall of Blaisdon) be appointed a member of the following Committees, in the place of Baroness Ashton of Upholland: House and Liaison. The motion was agreed to. 9 Select Committees The Chairman of Committees moved that Lord Bassam of Brighton be appointed a member of the following Committees, in the place of Baroness Ashton of Upholland: Privileges, Procedure and Selection. The motion was agreed to. Page 826 2007-08 Volume 241 Back to top10 Administration and Works The Chairman of Committees moved that Lord Bassam of Brighton be appointed a member of the Administration and Works Committee, in the place of the Lord President (Baroness Royall of Blaisdon). The motion was agreed to. 11 Pensions Bill The report was received. Amendments were agreed to. Amendment 16 was disagreed to (see division list). The report stage was adjourned. 12 Millennium Development Goals A question was asked by Lord Alton of Liverpool and, after debate, answered by Lord Tunnicliffe. The House adjourned. The House resumed. 13 Pensions Bill The report stage was continued, beginning with amendment 52. Amendments were agreed to. The report stage was adjourned after amendment 64. The House adjourned at 9.37pm until 3.00pm on Wednesday 8 October. 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 22 July, was withdrawn: Draft Police (Conduct) Regulations 2008. Paper Withdrawn The following paper, laid before the House on 7 July, was withdrawn: Report and Accounts for 2007-08 of the UK Film Council Group and Lottery. Command Papers The following papers were presented to the House by command of Her Majesty: 1 Dentistry—Government response to the Report of the House of Commons Health Committee on Dental Services. (7470) 2 Wales—Pre-Legislative Scrutiny of the Proposed National Assembly for Wales (Legislative Competence) (Agriculture and Rural Development) Order 2008. (7474) 3 Contingent Liability—Minute concerning the reporting of a contingent liability for the costs associated with the sale of Defence Aviation Agency Rotary Wing and Components Business Units. (—) Affirmative Instruments The following instruments were laid before the House for approval by resolution: 1 Draft Local Elections (Ordinary Day of Elections in 2009) Order 2008, laid under the Representation of the People Act 1983. 2 Draft Police (Conduct) Regulations 2008, laid under the Police Act 1996. 3 Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2008, laid under the Enterprise Act 2002. (2645) Page 827 2007-08 Volume 241 Back to topNegative Instruments The following instruments were laid before the House: 1 Statutory Auditors and Third Country Auditors (Amendment) (No. 2) Regulations 2008, laid under the Companies Act 2006. (2639) 2 Heritable Bank plc Transfer of Certain Rights and Liabilities Order 2008, laid under the Banking (Special Provisions) Act 2008. (2644) 3 Proposal by the Secretary of State for Culture, Media and Sport under section 4(4) of the Video Recordings Act 1984 to appoint Gerard Lemnos and Alison Hastings as Designated Authorities, laid under that Act. (—) Paper not subject to parliamentary proceedings The following paper was laid before the House: Fourth Annual Report under section 11(1) of the Northern Ireland (Monitoring Commission etc.) Act 2003, laid under that Act. Judicial Business 1 Holmes-Moorhouse (FC) (Original Respondent and Cross-petitioner) v London Borough of Richmond upon Thames (Original Appellants and Cross-respondents) The petition of Edward Holmes-Moorhouse praying for leave to cross-appeal was presented and referred to an Appeal Committee. 2 SM (Eire) (FC) (Petitioner) v Secretary of State for the Home Department (Respondent) The petition of SM praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 7 July). 3 R (on the application of Heather, Moor & Edgecomb Limited) (Petitioners) v Financial Ombudsman Service (Respondents) The petition of Heather, Moor and Edgecomb Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 10 July). 4 Gray (Respondent) v Thames Trains Limited and others (Petitioners) The petition of Thames Trains Limited and Network Rail Infrastructure Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 23 July). 5 MB (Somalia) (FC) (Petitioner) v Entry Clearance Officer (Respondent) The petition of MB praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 25 July). 6 R (on the application of Compton) (Respondent) v Wiltshire Primary Care Trust (Petitioners) (First petition) The petition of Wiltshire Primary Care Trust praying for leave to appeal was presented and referred to an Appeal Committee (lodged 28 July). 7 Thorner (Petitioner) v Majors and others (Respondents) The petition of David Thorner praying for leave to appeal was presented and referred to an Appeal Committee (lodged 4 August). 8 Strachey (Respondent) v Ramage (Petitioner) The petition of Fraser Thomas Ramage praying for leave to appeal was presented and referred to an Appeal Committee (lodged 12 August). 9 Whitecap Leisure Limited (Respondents) v John H Rundle Limited (Petitioners) and another The petition of John H Rundle Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 12 August). 10 Birmingham Development Company Limited (Petitioners) v Tyler (Respondent) The petition of Birmingham Development Company Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 20 August). Page 828 2007-08 Volume 241 Back to top11 Johnston Publishing (North) Limited (Petitioners) v Her Majesty’s Revenue and Customs (Respondents) The petition of Johnston Publishing (North) Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 21 August). 12 Masri (Respondent) v Consolidated Contractors International Company SAL and others and another (Petitioner) and another The petition of Toufic Said Khoury praying for leave to appeal was presented and referred to an Appeal Committee (lodged 21 August). 13 CTI Group Inc (Respondents) v Transclear SA of Switzerland (Petitioners) The petition of Transclear SA praying for leave to appeal was presented and referred to an Appeal Committee (lodged 22 August). 14 Meer Care & Desai (a firm) (Respondents) and others v Attorney General of Zambia (for and on behalf of the Republic of Zambia) (Petitioner) The petition of the Attorney General of Zambia praying for leave to appeal was presented and referred to an Appeal Committee (lodged 22 August). 15 AS (Sri Lanka) (FC) (Petitioner) v Secretary of State for the Home Department (Respondent) The petition of AS praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 11 September). 16 Allen and others (Respondents) v GMB (Petitioners) The petition of the GMB praying for leave to appeal was presented and referred to an Appeal Committee (lodged 25 September). 17 R (on the application of C (a minor by his litigation friend MS)) (Respondent) v Secretary of State for Justice (Petitioner) The petition of Secretary of State for Justice praying for leave to appeal was presented and referred to an Appeal Committee (lodged 27 August). 18 Grundy (Respondent) v British Airways plc (Petitioners) The petition of British Airways plc praying for leave to appeal was presented and referred to an Appeal Committee (lodged 27 August). 19 Platform Funding Limited (Respondents) v Bank of Scotland plc (formerly Halifax plc) (Petitioners) The petition of the Bank of Scotland plc praying for leave to appeal was presented and referred to an Appeal Committee (lodged 29 August). 20 British Union for the Abolition of Vivisection (Petitioners) v Home Office and others (Respondents) The petition of the British Union for the Abolition of Vivisection praying for leave to appeal was presented and referred to an Appeal Committee (lodged 29 August). 21 Lifely (Respondent) v Lifely (Petitioner) The petition of Nicholas David John Lifely praying for leave to appeal was presented and referred to an Appeal Committee (lodged 29 August). 22 London Borough of Wandsworth (Petitioners) v Greenweb Limited (Respondents) The petition of the London Borough of Wandsworth praying for leave to appeal was presented and referred to an Appeal Committee (lodged 29 August). 23 R (on the application of G) (FC) (Petitioner) v London Borough of Southwark (Respondents) The petition of G praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 16 September). 24 Secretary of State for Justice (Respondent) v Walker and another (Petitioner) The petition of Brett James praying for leave to appeal was presented and referred to an Appeal Committee (lodged 17 September). 25 Redcar and Cleveland Borough Council (Petitioners) v Bainbridge and others (Respondents) and two other actions The petition of Redcar and Cleveland Borough Council praying for leave to appeal was presented and referred to an Appeal Committee (lodged 29 September). 26 Surtees and others (Respondents) v Middlesbrough Borough Council (Petitioners) and two other actions The petition of Middlesbrough Borough Council praying for leave to appeal was presented and referred to an Appeal Committee (lodged 29 September). Page 829 2007-08 Volume 241 Back to top27 R (on the application of L) (FC) (Petitioner) v Commissioner of Police of the Metropolis (Respondent) The petition of L praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged. 28 R v Forozan and another (Petitioners) The petition of Yahya Forozan and Khadijeh Behbod praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 5 August). 29 R v Cooper (Respondent) The petition of the Crown Prosecution Service praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 27 August). 30 R v Islam (Respondent) The petition of the Revenue and Customs Prosecutions Office praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 3 September). 31 R (on the application of JL) (Respondent) v Secretary of State for Justice (Appellant) The petition of the Equality and Human Rights Commission praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee. 32 R (on the application of H (by his mother and next friend O)) (FC) (Petitioner) v Secretary of State for the Home Department (Respondent) The petition of H praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. 33 Khan and another (Petitioners) v Home Office (Respondents) The petition of Marti Khan and Iris Odette King praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. 34 R (on the application of Roudham and Larling Parish Council) (Petitioners) v Breckland Council (Respondents) The petition of Roudham and Larling Parish Council praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. 35 Porter (FC) (Appellant) v Shepherds Bush Housing Association (Respondents) The appeal was set down for hearing and referred to an Appellate Committee. 36 Appeal Committee The 105th Report from the Appeal Committee was agreed to and the following Order was made: R (on the application of JL) (Respondent) v Secretary of State for Justice (Appellant) That the petition of the Equality and Human Rights Commission that they might be heard or otherwise intervene in the said appeal be allowed. 37 Appeal Committee The following Order was made pursuant to the 40th Report: Mucelli (Petitioner) v Government of Albania (Respondents) That the Order made in the 40th Report of the Appellate Committee of 6 March be vacated; that leave to appeal be given; and that the petition of appeal be lodged forthwith. Division Pensions Bill Baroness Thomas of Winchester moved amendment 16, after clause 10, to insert the new clause Duty in relation to provision of free independent generic advice. The House divided:
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