House of Lords Journal 243 (Session 2009-10)


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Tuesday 30 March 2010

The House met at 11.00am.

The following Lords Spiritual and Temporal were present:

Hayman, B. (Lord Speaker)

Adams of Craigielea, B.
Addington, L.
Adonis, L.
Afshar, B.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Andrews, B.
Anelay of St Johns, B.
Armstrong of Ilminster, L.
Ashdown of Norton-sub-
Hamdon, L.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Bates, L.

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Berkeley, L.
Best, L.
Bhatia, L.
Bhattacharyya, L.
Bichard, L.
Billingham, B.
Bilston, L.
Blackstone, B.
Blood, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Boyd of Duncansby, L.
Brabazon of Tara, L.
Bradley, L.
Bradshaw, L.
Bramall, L.
Brett, L.
Bridgeman, V.
Brittan of Spennithorne, L.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Browne of Belmont, L.
Burnett, L.
Buscombe, B.
Butler of Brockwell, L.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell of Surbiton, B.
Campbell-Savours, L.
Carlile of Berriew, L.
Carswell, L.
Cathcart, E.
Chidgey, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Cotter, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crawley, B.
Crickhowell, L.
Cunningham of Felling, L.
Davies of Abersoch, L.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Thornton-le-Fylde, B.
Dear, L.
Deech, B.
Denham, L.
Desai, L.
Dholakia, L.
Dixon-Smith, L.
Donoughue, L.
D’Souza, B.
Dubs, L.
Dykes, L.
Eames, L.
Eccles, V.
Eccles of Moulton, B.
Eden of Winton, L.
Elliott of Morpeth, L.
Elton, L.
Elystan-Morgan, L.
Erroll, E.
Evans of Parkside, L.
Evans of Watford, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fearn, L.
Ferrers, E.
Filkin, L.
Finlay of Llandaff, B.
Flather, B.
Fookes, B.
Ford, B.
Forsyth of Drumlean, L.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Freud, L.
Gale, B.
Garden of Frognal, B.
Gardner of Parkes, B.
Gavron, L.
Geddes, L.
Giddens, L.
Gilbert, L.
Glasgow, E.
Glenarthur, L.
Glentoran, L.
Gloucester, Bp.
Golding, B.
Goodhart, L.
Goodlad, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greenway, L.
Grenfell, L.
Grey-Thompson, B.
Grocott, L.
Hall of Birkenhead, L.
Hamilton of Epsom, L.
Hamwee, B.
Hanham, B.
Harries of Pentregarth, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Haskins, L.
Hattersley, L.
Hayhoe, L.
Healey, L.
Henig, B.
Higgins, L.
Hilton of Eggardon, B.
Hollis of Heigham, B.
Hooper, B.
Howarth of Breckland, B.
Howarth of Newport, L.
Howe, E.
Howe of Aberavon, L.
Howe of Idlicote, B.
Howell of Guildford, L.
Howells of St Davids, B.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Wirral, L.
Hylton, L.
Inglewood, L.
Janner of Braunstone, L.
Jay of Ewelme, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Jones, L.
Jones of Birmingham, L.
Jones of Cheltenham, L.
Jones of Whitchurch, B.
Jordan, L.
Judd, L.
Kennedy of The Shaws, B.
Kerr of Kinlochard, L.
Kilclooney, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsmill, B.
Kinnock of Holyhead, B.
Kirkham, L.
Knight of Collingtree, B.
Krebs, L.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Lee of Trafford, L.
Lester of Herne Hill, L.
Levene of Portsoken, L.
Lincoln, Bp.
Lipsey, L.
Liverpool, Bp.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Low of Dalston, L.
Lucas, L.
Luke, L.
Lyell, L.
McDonagh, B.
MacGregor of Pulham Market, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Mancroft, L.
Mar and Kellie, E.
Marlesford, L.
Massey of Darwen, B.
Mawhinney, L.
Mawson, L.
Maxton, L.
Mayhew of Twysden, L.
Meacher, B.
Methuen, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mitchell, L.
Monson, L.
Montrose, D.
Moonie, L.

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Morgan, L.
Morris of Bolton, B.
Morris of Handsworth, L.
Morris of Manchester, L.
Morris of Yardley, B.
Moser, L.
Myners, L.
Naseby, L.
Neville-Jones, B.
Newby, L.
Newton of Braintree, L.
Nicholson of Winterbourne, B.
Noakes, B.
Northbrook, L.
Northover, B.
Norton of Louth, L.
O’Cathain, B.
O’Loan, B.
O’Neill of Clackmannan, L.
Onslow, E.
Ouseley, L.
Palmer, L.
Parekh, L.
Patel, L.
Patel of Blackburn, L.
Patel of Bradford, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Phillips of Sudbury, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Prosser, B.
Quin, B.
Quirk, L.
Ramsay of Cartvale, B.
Rana, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rendell of Babergh, B.
Renfrew of Kaimsthorn, L.
Renton of Mount Harry, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rogan, L.
Rooker, L.
Roper, L.
Rosslyn, E.
Rotherwick, L.
Rowlands, L.
Royall of Blaisdon, B.
Ryder of Wensum, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandwich, E.
Sawyer, L.
Scott of Foscote, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selkirk of Douglas, L.
Selsdon, L.
Sewel, L.
Sharples, B.
Shaw of Northstead, L.
Sheikh, L.
Sheldon, L.
Shephard of Northwold, B.
Shrewsbury, E.
Shutt of Greetland, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Snape, L.
Soley, L.
Soulsby of Swaffham Prior, L.
Stern, B.
Stern of Brentford, L.
Stewartby, L.
Stoddart of Swindon, L.
Strabolgi, L.
Strathclyde, L.
Sugar, L.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Holbeach, L.
Tebbit, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Winchester, B.
Thornton, B.
Tomlinson, L.
Tonge, B.
Tope, L.
Trefgarne, L.
Trenchard, V.
Trimble, L.
Trumpington, B.
Tugendhat, L.
Tunnicliffe, L.
Turner of Camden, B.
Tyler, L.
Uddin, B.
Ullswater, V.
Verma, B.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Wallace of Tankerness, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warsi, B.
Watson of Invergowrie, L.
Waverley, V.
West of Spithead, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Wilson of Tillyorn, L.
Woolf, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young of Norwood Green, L.

Prayers were read by the Lord Bishop of Lincoln.

Select Committee Reports

1    Merits of Statutory Instruments

The following Report from the Select Committee was made and ordered to be printed:

16th Report, on the following affirmative instruments:

State Pension Credit Pilot Scheme Regulations 2010

Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010

And on the following negative instrument:

Social Security (Claims and Payments) Amendment Regulations 2010. (HL Paper 110)

2    Statutory Instruments

The following Report from the Joint Committee was made and ordered to be printed:

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13th Report on certain statutory instruments, including the following affirmative instruments:

Draft Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010

Draft Misuse of Drugs Act 1971 (Amendment) Order 2010

Draft Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010. (HL Paper 111)

3    Privileges

The following Report from the Select Committee was made and ordered to be printed:

The Conduct of Lord Clarke of Hampstead. (4th Report, HL Paper 112) (See Appendix).

Public Business

4    Aviation: regulatory framework A question was asked by Lord Rotherwick and answered by Lord Adonis.

5    Banking: Government support A question was asked by Lord Roberts of Conwy and answered by Lord Myners.

6    Airports: new runways A question was asked by Lord Geddes and answered by Lord Adonis.

7    Nigeria A question was asked by Baroness Cox and answered by Baroness Kinnock of Holyhead.

8    Standing Orders (Public Business) Baroness Royall of Blaisdon moved that the standing orders relating to public business be amended as follows:

Standing Order 19 (Election of Lord Speaker)

In paragraph (2), after “current Parliament,” insert “who are subject to statutory disqualification, who are suspended from the service of the House,”

In paragraph (3), after “Privileges” insert “and Conduct”

Standing Order 65 (Sessional Committees)

Delete “Personal Bills Committee” and insert “National Security Strategy Committee”

After “Privileges” insert “and Conduct”

Standing Order 78 (Committee for Privileges)

After each “Privileges” insert “and Conduct”

Standing Order 79 (Claims of Peerage)

After “Privileges” insert “and Conduct”

Standing Order 81 (Claims of Irish Peerages in abeyance)

After “Privileges” insert “and Conduct”

Standing Order 82 (Report of Committee for Privileges if improper arrangement entered into between co-heirs)

After “Privileges” insert “and Conduct”.

The motion was agreed to.

9    Code of Conduct Baroness Royall of Blaisdon moved to resolve that the Code of Conduct for Members of the House of Lords adopted on 30 November 2009 be amended as follows:

In Paragraph 16 delete “Rules” and insert “Code of Conduct”.

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Delete Paragraph 17 and insert:

“17. After investigation the Commissioner reports his findings to the Sub-Committee on Lords’ Conduct; the Sub-Committee reviews the Commissioner’s findings and, where appropriate, recommends a disciplinary sanction to the Committee for Privileges and Conduct. The Member concerned has a right of appeal to the Committee for Privileges and Conduct against both the Commissioner’s findings and any recommended sanction.”

In Paragraph 18 after “Privileges” insert “and Conduct”.

Delete Paragraph 19 and insert:

“19. In investigating and adjudicating allegations of non-compliance with this Code, the Commissioner, the Sub-Committee on Lords’ Conduct and the Committee for Privileges and Conduct shall act in accordance with the principles of natural justice and fairness.”

Delete Paragraph 21 and insert:

“21. No Member shall lobby a member of the Committee for Privileges and Conduct or the Sub-Committee on Lords’ Conduct in a manner calculated or intended to influence their consideration of a complaint of a breach of this Code.”

In Paragraph 22 delete “Sub-Committee on Lords’ Interests” and insert “Sub-Committee on Lords’ Conduct”.

In Paragraph 24 delete “Sub-Committee on Lords’ Interests” and insert “Sub-Committee on Lords’ Conduct”.

In Paragraph 25 delete “Rules” and insert “Code of Conduct”.

The motion was agreed to.

10    European Union Documents: Scrutiny Reserve Baroness Royall of Blaisdon moved to resolve that:

(1) Subject to paragraph (5) below, no Minister of the Crown shall give agreement in the Council or the European Council in relation to any document subject to the scrutiny of the European Union Committee in accordance with its terms of reference, while the document remains subject to scrutiny.

(2) A document remains subject to scrutiny if—

(a) the European Union Committee has made a report in relation to the document to the House for debate, but the debate has not yet taken place; or

(b) in any case, the Committee has not indicated that it has completed its scrutiny.

(3) Agreement in relation to a document means agreement whether or not a formal vote is taken, and includes in particular—

(a) agreement to a programme, plan or recommendation for European Union legislation;

(b) political agreement;

(c) agreement to a general approach;

(d) in the case of a proposal on which the Council acts in accordance with the procedure referred to in Article 289(1) of the Treaty on the Functioning of the European Union (the ordinary legislative procedure), agreement to the Council’s position at first reading, to its position at second reading, or to a joint text; and

(e) in the case of a proposal on which the Council acts in accordance with Article 289(2) of the Treaty on the Functioning of the European Union (a special legislative procedure), agreement to a Council position.

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(4) Where the Council acts by unanimity, abstention shall be treated as giving agreement.

(5) The Minister concerned may give agreement in relation to a document which remains subject to scrutiny—

(a) if he considers that it is confidential, routine or trivial, or is substantially the same as a proposal on which scrutiny has been completed;

(b) if the European Union Committee has indicated that agreement need not be withheld pending completion of scrutiny; or

(c) if the Minister decides that, for special reasons, agreement should be given; but he must explain his reasons—

i. in every such case, to the European Union Committee at the first opportunity after reaching his decision; and

ii. if that Committee has made a report for debate in the House, to the House at the opening of the debate on the report.

The motion was agreed to.

11    European Union Proposals: Scrutiny of opt-in decisions Baroness Royall of Blaisdon moved to resolve that, in relation to notification to the President of the Council of the European Union of the wish of the United Kingdom to take part in the adoption and application of a measure following from a proposal or initiative presented to the Council pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union:

(1) No Minister of the Crown may authorise such notification within 8 weeks after the proposal or initiative has been presented to the Council.

(2) A Minister may however authorise such notification sooner than provided by paragraph (1) if he decides that for special reasons this is essential; but he should explain his reasons—

(a) in every such case, to the European Union Committee at the first opportunity after giving that authorisation; and

(b) in the case of a proposal awaiting debate in the House, to the House at the opening of the debate.

(3) Where the European Union Committee is scrutinising the question of notification independently of the substance of the measure to which it relates, scrutiny of the substance of the measure will continue to be governed by the Resolution of the House of 30 March 2010, as amended.

The motion was agreed to.

12    Representation of the People (Timing of the Canvass) (Northern Ireland) Order 2010 Baroness Royall of Blaisdon moved that the draft Order laid before the House on 3 February be approved. The motion was agreed to.

13    European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2010 Baroness Royall of Blaisdon moved that the draft Regulations laid before the House on 24 February be approved. The motion was agreed to.

14    Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 Baroness Royall of Blaisdon moved that the draft Order laid before the House on 24 February be approved. The motion was agreed to.

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15    Constitutional Reform and Governance Bill Lord Bach moved that it be an instruction to the Committee of the Whole House to which the Constitutional Reform and Governance Bill has been committed that they consider the bill in the following order:

­/table˝
Clauses 1 and 2
Schedule 1
Clauses 3 to 19
Schedule 2
Clauses 20 to 23
Schedule 3
Clauses 24 to 38
Schedule 4
Clauses 39 to 46
Schedule 5
Clauses 47 to 50
Schedule 6
Clauses 51 and 52
Schedule 7
Clauses 53 and 54
Schedule 8
Clauses 55 to 61
Schedule 9
Clauses 62 to 65
Schedule 10
Clauses 66 to 74
Schedule 11
Clause 75
Schedule 12
Clauses 76 to 80
Schedules 13 and 14
Clauses 81 to 86
Schedule 15
Clauses 87 to 95.

The motion was agreed to.

16    Export Control (Iran) (Amendment) Order 2010 (SI 2010/144) Lord Howell of Guildford moved to resolve that this House regrets that Her Majesty’s Government have laid before Parliament the Export Control (Iran) (Amendment) Order 2010 (SI 2010/144) without explaining to Parliament how it would be implemented; and calls on the Government to explain why they consider the European Commission to be the appropriate institution for exercising this United Kingdom policy most effectively. After debate, the motion was withdrawn.

17    National Assembly for Wales (Legislative Competence) (Local Government) Order 2010 Lord Davies of Oldham moved that the draft Order laid before the House on 10 February be approved. After debate, the motion was agreed to.

18    National Assembly for Wales (Legislative Competence) (Transport) Order 2010 Lord Davies of Oldham moved that the draft Order laid before the House on 4 March be approved. After debate, the motion was agreed to.

19    Social Security (Loss of Benefit) Amendment Regulations 2010 Lord McKenzie of Luton moved that the draft Regulations laid before the House on 20 January be approved. After debate, the motion was agreed to.

20    Jobseeker’s Allowance (Work for your Benefit Pilot Scheme) Regulations 2010 Lord McKenzie of Luton to move that the draft Regulations laid before the House on 24 February be approved. After debate, the motion was agreed to.

21    Mortgage Repossessions (Protection of Tenants Etc.) Bill Lord Best moved that the bill be now read a second time. After debate, the motion was agreed to and the bill was committed to a Committee of the Whole House.

22    Intelligence and Security Committee Annual Report for 2008-09 (Cm 7807) The Grand Committee reported that it had considered the Report.

23    Intelligence and Security Committee Annual Report for 2009-10 (Cm 7844) The Grand Committee reported that it had considered the Report.

24    Sunbeds (Regulation) Bill Baroness Finlay of Llandaff moved that the bill be now read a second time. After debate, the motion was agreed to and the bill was committed to a Committee of the Whole House.

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Private Business

25    Manchester City Council Bill [HL] The Commons amendments were considered and agreed to with consequential amendments. The bill was returned to the Commons with amendments.

26    Bournemouth Borough Council Bill [HL] The Commons amendments were considered and agreed to with consequential amendments. The bill was returned to the Commons with amendments.

The House adjourned at 3.33pm until Tuesday 6 April at 2.30pm.

Grand Committee Business

The Grand Committee met in the Moses Room at 12 noon.

Intelligence and Security Committee Annual Report for 2008-09 (Cm 7807) Lord Foulkes of Cumnock moved that the Grand Committee do consider the Annual Report for 2008-09 of the Intelligence and Security Committee. After debate, the motion was agreed to.

Intelligence and Security Committee Annual Report for 2009-10 (Cm 7844) Lord Foulkes of Cumnock moved that the Grand Committee do consider the Annual Report for 2009-10 of the Intelligence and Security Committee. The motion was agreed to.

The Committee adjourned at 2.15pm.

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    Industrial Injuries—Government response to the Report of Rita Donaghy on the causes of construction industry fatalities.     (7828)

2    Broadcasting—

      (1)    Agreement between the Secretary of State for Culture, Media and Sport and the BBC on the Bailiwick of Guernsey Digital Switchover Help Scheme     (7830)

      (2)    Agreement between the Secretary of State for Culture, Media and Sport and the BBC on the Jersey Digital Switchover Help Scheme.     (7831)

3    Pay Review Bodies—Nineteenth Report of the School Teachers’ Review Body.     (7836)

4    Crime—Report of the Home Office on Cyber Crime Strategy.     (7842)

5    Social Care—Building the National Care Service: Government proposals.     (7854)

6    Constitutional Reform—Summary of responses on the Government consultation document: Rights and Responsibilities: Developing our Constitutional Framework.(7860)

7    Council of Europe—Convention on Cybercrime, together with an Explanatory Memorandum.
     (7862)

8    Local Government—Government response to the 3rd Report of the House of Commons Communities and Local Government Committee on the Department for Communities and Local Government’s Annual Report 2009.     (7865)

9    International Development (Official Development Assistance Target) Bill, Draft—Government response to the 7th Report of the House of Commons International Development

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Committee on the Draft International Development (Official Development Assistance Target) Bill.     (7866)

Affirmative Instrument

The following instrument was laid before the House for approval by resolution:

Draft Misuse of Drugs Act 1971 (Amendment) Order 2010, laid under the Misuse of Drugs Act 1971.

Negative Instruments

The following instruments were laid before the House:

1    (1)    Water Supply Regulations 2010     (991)

      (2)    Water Supply (Water Quality) Regulations 2010     (994)

      (3)    Water Supply (Miscellaneous Amendments) (England and Wales) Regulations 2010     (996)

      (4)    Air Quality Standards Regulations 2010     (1001)

      (5)    Merchant Shipping (Technical Requirements for Inland Water Vessels) Regulations 2010    
     (1075)

laid under the European Communities Act 1972.

2    Education (Independent Educational Provision in England) (Inspection Fees) (Amendment) Regulations 2010, laid under the Education and Skills Act 2008.     (1002)

3    Whole of Government Accounts (Designation of Bodies) Order 2010, laid under the Government Resources and Accounts Act 2000.     (1051)

Papers not subject to parliamentary proceedings

The following papers were laid before the House:

1    Report of the Comptroller and Auditor General on the Northern Ireland Policing Board: Continuous improvement arrangements, laid under the Police (Northern Ireland) Act 2000.

2    Report for the period 1 April 2003 to 31 March 2008 of the Department for Business Innovation and Skills on the Application of Part II of the Consumer Protection Act 1987—Consumer Safety, laid under the Consumer Protection Act 1987.

3    Report for the period 1 January 2004 to 31 March 2007 of the Department for Work and Pensions on the standards of decision making in Jobcentre Plus, the Pensions Service, the Disability and Carers Service and the Child Support Agency, laid under the Social Security Act 1998.

4    Government response to the Report of the Social Security Advisory Committee on the Social Security (Claims and Payments) Amendment Regulations (No. 2) 2010, laid under the Social Security Administration Act 1992.

5    (1)    Draft Code of Practice on audio recording interviews with suspects (Code E)     (—)

      (2)    Draft Code of Practice on visual recording with sound of interviews with suspects

(Code F)

laid under the Police and Criminal Evidence Act 1984.

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APPENDIX

COMMITTEE FOR PRIVILEGES

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