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Contents

Minutes of Proceedings Wednesday 26 November 2008

Papers Laid

Judicial Business

Items marked are new or have been altered

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Minutes of Proceedings of Wednesday 26 November 2008

The House met at 9.45am. Prayers were read by the Lord Bishop of Manchester

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Judicial Business

For judicial business see page 4

The House adjourned. The House resumed.

Public Business

1 Iraq: Ashraf City A question was asked by Lord Eden of Winton and answered by Lord Malloch-Brown.

2 Visas: Sri Lanka and Maldives A question was asked by Lord Naseby and answered by Lord West of Spithead.

3 Armed forces: Future Rapid Effect System A question was asked by Lord Luke, on behalf of Lord Astor of Hever, and answered by Baroness Taylor of Bolton.

4 Banking: Northern Rock A question was asked by Baroness Noakes and answered by Lord Myners.

5 Pensions Bill The bill was returned from the Commons with the Lords amendments agreed to.

6 Dormant Bank and Building Society Accounts Bill [HL] The bill was returned from the Commons with the Lords amendments agreed to.

7 Energy Bill The Commons amendment was considered.

Motion A Commons amendment 42A to Lords amendment 42 was agreed to.

8 Democratic Republic of Congo Lord Malloch-Brown moved that this House takes note of the situation in the Democratic Republic of Congo. After debate, the motion was agreed to.

The House adjourned. The House resumed.

9 Royal Commission The Lords Commissioners being seated, the Lord President (Baroness Royall of Blaisdon) in the middle with the Lord Speaker (Baroness Hayman) and Lord McNally on her right hand and Lord Strathclyde and Lord Williamson of Horton on her left and the Commons being present at the Bar with their Speaker, the Commission for Royal Assent and Prorogation dated this day was read.

10 Royal Assent The following Acts, passed by both Houses of Parliament, received Royal Assent:

Education and Skills Act c. 25

Local Transport Act c. 26

Climate Change Act c. 27

Counter-Terrorism Act c. 28

Planning Act c. 29

Pensions Act c. 30

Dormant Bank and Building Society Accounts Act c. 31

Energy Act c. 32

11 The Queen’s Speech The Queen’s Speech was delivered by the Lord President (Baroness Royall of Blaisdon).

12 Prorogation Parliament was prorogued to Wednesday 3 December.

Michael Pownall

Clerk of the Parliaments

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Papers

All statutory instruments laid before the House are accompanied by an Explanatory Memorandum presented by command of Her Majesty, unless otherwise indicated.

Command Paper

The following paper was presented to the House by command of Her Majesty:

Explanatory Memorandum (Revised)—Replacement Explanatory Memorandum to the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008. (14 November) (—)

Affirmative Instruments

The following instruments were laid before the House for approval by resolution:

1 Draft European Parliament (Disqualification) (United Kingdom and Gibraltar) Order 2009, laid under the European Parliamentary Elections Act 2002.

2 Draft Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009, laid under the Tribunals, Courts and Enforcement Act 2007.

3 Draft Christmas Bonus (Specified Sum) Order 2008, laid under the Social Security Contributions and Benefits Act 1992.

Negative Instruments

The following instruments were laid before the House:

1 Allocation of Housing (England) (Amendment) (Family Intervention Tenancies) Regulations 2008, laid under the Housing Act 1996. (3015)

2 North Yorkshire County Council (School Meals) Order 2008, laid under the Education Act 2002. (3016)

3 Local Government (Structural Changes) (Finance) Regulations 2008, laid under the Local Government and Public Involvement in Health Act 2007. (3022)

4 Export Control (Iran) (Amendment) Order 2008, laid under the European Communities Act 1972. (3063)

5 Christmas Bonus (Relevant Week) Order 2008, laid under the Social Security Contributions and Benefits Act 1992. (3064)

6 Family Proceedings (Amendment No. 3) Rules (Northern Ireland) 2008, laid under the Family Law (Northern Ireland) Order 1993. (SR466)

Instruments not subject to parliamentary proceedings

The following papers were laid before the House:

1 Immigration (Designation of Travel Bans) (Amendment) Order 2008, laid under the Immigration Act 1971. (3052)

2 Employment Rights (Increase of Limits) Order 2008, laid under the Employment Relations Act 1999. (3055)

3 Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Full-Time) (Severance) (Amendment) Regulations 2008, laid under the Police (Northern Ireland) Act 1998. (SR439)

4 Prison and Young Offenders Centre (Amendment) Rules (Northern Ireland) 2008, laid under the Prison Act (Northern Ireland) 1953. (SR452)

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Judicial Business

Wednesday 26 November

1 R (on the application of JL) (Respondent) v Secretary of State for Justice (Appellant) It was moved by Lord Phillips of Worth Matravers that the 78th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of Her Majesty’s Court of Appeal of 24 July 2007 be affirmed and the appeal dismissed with costs, the amount of such costs to be certified by the Clerk of the Parliaments if not agreed between the parties. [2008] UKHL 68

2 Kay (FC) (Appellant) v Commissioner of Police of the Metropolis (Respondent) It was moved by Lord Phillips of Worth Matravers that the 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 21 May 2007 be set aside; that it be declared that no notice is required to be given under section 11 of the Public Order Act 1986 in relation to the Critical Mass cycle ride; that the question of costs be adjourned in order that the parties may make written submissions within 14 days; and that the costs of the appellant in this House be taxed in accordance with the Access to Justice Act 1999. [2008] UKHL 69

3 Appeal Committee The 126th Report from the Appeal Committee was agreed to and the following Orders were made:

R (on the application of Compton) (Respondent) v Wiltshire Primary Care Trust (Petitioners) (First Petition) 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.

CTI Group Inc (Respondents) v Transclear SA of Switzerland (Petitioners) That leave to appeal be refused; that the respondents be at liberty to apply for their 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.

Meer Care & Desai (a firm) (Respondents) and others v Attorney General of Zambia (for and on behalf of the Republic of Zambia) (Petitioner) That leave to appeal be refused; that the respondents be at liberty to apply for their 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.

Allen and others (Respondents) v GMB (Petitioners) That leave to appeal be refused; that the respondents be at liberty to apply for their 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.

Platform Funding Limited (Respondents) v Bank of Scotland plc (formerly Halifax plc) (Petitioners) That leave to appeal be refused; that the respondents be at liberty to apply for their 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.

London Borough of Wandsworth (Petitioners) v Greenweb Limited (Respondents) That leave to appeal be refused; that the respondents be at liberty to apply for their 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.

R (on the application of Compton) (Respondent) v Wiltshire Primary Care Trust (Petitioners) (Second Petition) 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.

4 Appeal Committee The 127th Report from the Appeal Committee was agreed to and the following Order was made:

In re McE (Appellant) (Northern Ireland)

In re C (AP) and another (AP) (Appellants) (Northern Ireland)

In re M (Appellant) (Northern Ireland)

That the petition of the Law Society of Northern Ireland that they might intervene in the said appeal by way of written submissions be allowed.

Thursday 27 November at 10.30amIn Committee Room No 1

Hearing by the Appellate Committee in the following cause:

Holmes-Moorhouse (FC) (Original Respondent and Cross-appellant) v London Borough of Richmond upon Thames (Original Appellants and Cross-respondents)

ISBN 9780 108456046

 
 
 
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Prepared: 27 November 2008