House of Commons Official Report Parliamentary

Total Page:16

File Type:pdf, Size:1020Kb

House of Commons Official Report Parliamentary Monday Volume 662 24 June 2019 No. 318 HOUSE OF COMMONS OFFICIAL REPORT PARLIAMENTARY DEBATES (HANSARD) Monday 24 June 2019 © Parliamentary Copyright House of Commons 2019 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 447 24 JUNE 2019 Oral Answers 448 David Hanson: May I first take a moment to congratulate House of Commons you, Mr Speaker, on serving 10 years in the Chair? That is worthy of recognition. Monday 24 June 2019 Will the Minister give some indication of when the results of the consultation on the restraint of children will be published? The consultation closed in January 2018, The House met at half-past Two o’clock having commenced in 2017. When is it going to happen? Mr Speaker: I thank the right hon. Gentleman very PRAYERS warmly for what he has said. [MR SPEAKER in the Chair] Nadhim Zahawi: May I add my congratulations, Mr Speaker, on your 10 years in the Chair? Speaker’s Statement The consultation will be published very, very shortly. Mr Speaker: I must advise the House that last Friday Frank Field (Birkenhead) (Ind): When do the I received notification from the petition officer for the Government expect to announce a national free school constituency of Brecon and Radnorshire, in respect of dinner scheme for poorer children during the holidays, the recall petition for Chris Davies. The recall petition based on the successful pilots the Department has been process for the constituency of Brecon and Radnorshire, running over the past two years? established under the Recall of MPs Act 2015, closed on Thursday last at 5 pm. In total, 10,005 people signed the Nadhim Zahawi: I am grateful to the right hon. petition for the removal of Chris Davies as Member of Gentleman, who helped to make sure those pilots happened. Parliament for Brecon and Radnorshire. As this number We are investing £9 million in holiday activities and was greater than 10% of those eligible to sign the petition, food programmes. This summer, children in 11 local the petition was successful. Chris Davies has therefore authorities will receive healthy meals, learn about the ceased to be the Member for Brecon and Radnorshire, and importance of healthy eating and enjoy enriching physical the seat is accordingly vacant. He can no longer participate activities during the summer holiday. Decisions on the in any parliamentary proceedings as a Member of programme beyond March 2020 will be taken as part of Parliament. I shall cause the text of the notification to the spending review, but I certainly think it has been a be published in the Votes and Proceedings and in the great success. Official Report. [The notification will appear at the end of today’s Patrick Grady (Glasgow North) (SNP): I also proceedings.] congratulate you on 10 years, Mr Speaker. What is quite scary is that we have been here for four of them now. On Friday I had the pleasure of meeting Hillhead High School S3. They are taking part in the “Send my Oral Answers to Questions Friend to School” campaign, which talks about the right of children all over the world to access education under the convention. What steps is the Department taking to work with the Department for International EDUCATION Development on ensuring that the right to education we enjoy in this country is accessed all around the world? The Secretary of State was asked— Nadhim Zahawi: We work closely with other Departments. In fact, the permanent secretary of the UN Convention on the Rights of the Child Department for Education has written to all other permanent secretaries to make sure that we deliver on 1. David Hanson (Delyn) (Lab): What steps he is our promise. Of course, we are making that commitment taking to ensure his Department’s policies are compliant across Government with the UN convention on the rights of the child. [911504] Angela Rayner (Ashton-under-Lyne) (Lab): All I can say on your 10th anniversary, Mr Speaker, is that you The Parliamentary Under-Secretary of State for Education do not look old enough. (Nadhim Zahawi): I am sure colleagues have enjoyed the Article 23 of the convention guarantees the right to bevy of sport over the weekend, especially the tennis, education for children with disabilities, yet just this but I think we would all want to congratulate the weekend we heard how that basic right has become a Lionesses on winning 3-0 against the Cameroon and, of privilege, with parents forced to go to the courts to get course, on reaching the quarter-finals, where I hope support for their children. Years since the Prime Minister they will quickly dispose of the Norway option to get to promised to tackle the burning injustices, and just weeks the semi-finals. before she is due to leave office, they burn brighter than The use of children’s rights impact assessments is ever before. Can the Minister tell us when the Prime widely promoted across the Department and wider Minister and the Chancellor will stop haggling over our Government, and our assessment template is designed children’s future in the press and come back to this to help staff to give due consideration to the UNCRC House with a statement announcing the funding they so when making new policy and legislation. desperately need? 449 Oral Answers 24 JUNE 2019 Oral Answers 450 Nadhim Zahawi: As the hon. Lady knows, we have Mr Barry Sheerman (Huddersfield) (Lab/Co-op): increased funding for children with special educational Mr Speaker, this is the limited edition Beatles “Magical needs and disabilities by £250 million, taking it to Mystery Tour” tie, which is very appropriate at this £6.3 billion. We have also introduced a system that stage in our parliamentary life. covers the ages from zero all the way up to 25, through May I say to the Minister that I do not want statistics? the 2014 reforms, and so many more children and The National Day Nurseries Association is based in my young people are eligible for education, health and care constituency and a Prime Minister many years ago plans, with rights of appeal. Inevitably, this leads to an prioritised “Education. Education. Education.” What he increase in the number of appeals, but the vast majority knows, and I know, is that early years stimulation is the of cases are handled without going to appeal—only most important priority of any Government, so why is 1.6% of them go to an appeal decision. As she will early years care so expensive for young couples and know, many local authorities have almost no appeals young women in this country, and why has the Minister whatsoever and we are attempting to learn from best not done something about it? practice and spread it throughout the system. Free Childcare Nadhim Zahawi: The numbers are important in this case and the 600,000 children benefiting from the 30 hours 2. Christian Matheson (City of Chester) (Lab): What in the first two years means 600,000 families who have recent assessment he has made of the effect of the been able to go out to work. Of course, 700,000 of the provision of 30 hours’ free childcare on the financial most disadvantaged families with two-year-olds have also benefited. Weare spending £3.5 billion on entitlements, viability of childcare settings. [911505] which is a record to be proud of. I should also mention The Parliamentary Under-Secretary of State for Education the hon. Gentleman’s tie, which is very beautiful. (Nadhim Zahawi): The 30 hours’ entitlement has been a real success story for this Government, with an estimated Sir David Evennett (Bexleyheath and Crayford) (Con): 600,000 children benefiting in the first two years of the Does my hon. Friend agree that this Government’sreforms, programme. such as the 30 hours’ free childcare for three and four- year-olds, are helping more children to grow up to Christian Matheson: Nursery schools in Chester are develop their full potential, regardless of their background? closing and parents are being charged for extras just so that the nursery schools can make ends meet. Will the Nadhim Zahawi: I absolutely agree with my right Minister not accept that there are real problems with the hon. Friend. The parents whom I have met and with whom funding of this programme, and will he agree to review it? I meet regularly tell me that it has made an enormous difference. Parents who hardly saw each other are able Nadhim Zahawi: I thank the hon. Gentleman for his to work and to see each other and their child. One lady supplementary. We do keep a close eye in monitoring said movingly that her child came out of his shell the provider, the market and of course the cost base. because he was able to spend more time with children Under the early years national funding formula, our his age, too. average rates to local authorities are higher than the average hourly costs of providing childcare to three and Tracy Brabin (Batley and Spen) (Lab/Co-op): On four-year-olds, but he makes an important contribution, many occasions, the Minister has told us that what he in the sense that we have to keep an eye on the costs. really cares about is quality and sustainability. Will he Ofsted has essentially done the work; the number of explain how he is improving quality when the National childcare places has remained broadly stable since the Day Nurseries Association’s most recent data shows introduction of the 30 hours’ programme.
Recommended publications
  • LAND REGISTRATION for the TWENTY-FIRST CENTURY a Conveyancing Revolution
    LAND REGISTRATION FOR THE TWENTY-FIRST CENTURY A Conveyancing Revolution LAND REGISTRATION BILL AND COMMENTARY Laid before Parliament by the Lord High Chancellor pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 9 July 2001 LAW COMMISSION H M LAND REGISTRY LAW COM NO 271 LONDON: The Stationery Office HC 114 The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. THE COMMISSIONERS ARE: The Honourable Mr Justice Carnwath CVO, Chairman Professor Hugh Beale Mr Stuart Bridge· Professor Martin Partington Judge Alan Wilkie QC The Secretary of the Law Commission is Mr Michael Sayers Her Majesty’s Land Registry, a separate department of government and now an Executive Agency, maintains the land registers for England and Wales and is responsible for delivering all land registration services under the Land Registration Act 1925. The Chief Land Registrar and Chief Executive is Mr Peter Collis The Solicitor to H M Land Registry is Mr Christopher West The terms of this report were agreed on 31 May 2001. The text of this report is available on the Internet at: http://www.lawcom.gov.uk · Mr Stuart Bridge was appointed Law Commissioner with effect from 2 July 2001. The terms of this report were agreed on 31 May 2001, while Mr Charles Harpum was a Law Commissioner. ii LAW COMMISSION HM LAND REGISTRY LAND REGISTRATION FOR THE TWENTY- FIRST CENTURY A Conveyancing Revolution CONTENTS Paragraph Page PART I: THE LAND REGISTRATION BILL AND
    [Show full text]
  • Kew Gardens (Leases) (No
    KEW GARDENS (LEASES) (NO. 3) BILL [HL] EXPLANATORY NOTES What these notes do These Explanatory Notes relate to the Kew Gardens (Leases) (No. 3) Bill [HL] as introduced in the House of Lords on 25 April 2019 (HL Bill 174). • These Explanatory Notes have been prepared by the Department for Environment, Food and Rural Affairs in order to assist the reader of the Bill and to help inform debate on it. They do not form part of the Bill and have not been endorsed by Parliament. • These Explanatory Notes explain what each part of the Bill will mean in practice; provide background information on the development of policy; and provide additional information on how the Bill will affect existing legislation in this area. • These Explanatory Notes might best be read alongside the Bill. They are not, and are not intended to be, a comprehensive description of the Bill. HL Bill 174–EN 57/1 Table of Contents Subject Page of these Notes Overview of the Bill 2 Policy background 2 Legal background 2 Territorial extent and application 2 Commentary on provisions of Bill 3 Clause 1: Power to grant a lease in respect of land at Kew Gardens 3 Clause 2: Extent, commencement and short title 3 Commencement 3 Financial implications of the Bill 3 Compatibility with the European Convention on Human Rights 3 Annex A – Territorial extent and application in the United Kingdom 4 Subject matter and legislative competence of devolved legislatures 4 These Explanatory Notes relate to the Kew Gardens (Leases) (No. 3) Bill [HL] as introduced in the House of Lords on 25 April 2019 (HL Bill 174) 1 1 Overview of the Bill 1 This Bill provides that the Secretary of State's powers of management in relation to the Royal Botanic Gardens, Kew (Kew) include powers to grant a lease over land at Kew for a term of up to 150 years.
    [Show full text]
  • THE RELIGION of the QUEEN – TIME for CHANGE Queen
    THE RELIGION OF THE QUEEN – TIME FOR CHANGE * GRAHAM MCBAIN Queen Elizabeth II is 85 years old. The law in the UK prohibits her from being a Roman Catholic or being married to one. It also requires her to be in ‘communion’ with the Church of England – the legal rights and privileges of which she swore to uphold as part of her coronation oath. Her present style and title declare her to be ‘Defender of the Faith’ – likely a reference to the faith expressed by the Church of England (or, possibly, the protestant faith in general). On her accession to the throne in 1952, she was required to declare that she was a ‘faithful protestant’. She also gave an oath to maintain the Presbyterian Church of Scotland. Prince Charles, the heir to the throne, is 63 years old. Should he be subject to the same restrictions, especially when he has declared he would prefer to be ‘Defender of Faith’ only and given his sympathy with the removal of the prohibition against Roman Catholics? This article sets out the legal basis for these restrictions and their repeal – as well as the removal of the unequal right of females to succeed to the throne. Changes to the law will not only involve England. Pursuant to the Statute of Westminster 1931, the assent of the Australian Parliament is required as well as of 14 other Commonwealth countries which still have Elizabeth II as their sovereign. At a recent Commonwealth conference in Australia it was agreed to remove the prohibition on the sovereign being married to a Roman Catholic as well as the unequal right of females to succeed to the throne.
    [Show full text]
  • Modernising English Land Law
    International Law Research; Vol. 8, No. 1; 2019 ISSN 1927-5234 E-ISSN 1927-5242 Published by Canadian Center of Science and Education Modernising English Land Law Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: January 22, 2019 Accepted: February 28, 2019 Online Published: March 5, 2019 doi:10.5539/ilr.v8n1p30 URL: https://doi.org/10.5539/ilr.v8n1p30 1. INTRODUCTION At present, the legal situation in respect of land in England and Wales is confusing. Title to most land in England and Wales is now registered. However, title to some 15% (or less) is still governed by older legal principles, including the need for title deeds. Further, there are many antiquated pieces of legislation relating to land still existing - various pieces of which are obsolete and others which should be re-stated in modern language. For a list of existing land legislation, see Appendices A-B. Antiquated (and obsolete) land legislation complicates the legal position as well as prevents the consolidation of English land law. Such has major financial implications since a clearer, consolidated, land law would help speed up land sales - including house purchases - and reduce costs for businesses and individuals. Also, old laws can (often) be a ‘trap for the unwary.’1 The purpose of this article is to consider various ancient pieces of land legislation and to argue that they should be repealed. In particular, this article argues for the repeal of the following: Inclosure Acts.
    [Show full text]
  • Thirteenth Report: Draft Statute Law Repeals Bill
    The Law Commission and The Scottish Law Commission (LAW COM. No. 179) (SCOT. LAW COM. No. 117) STATUTE LAW REVISION: THIRTEENTH REPORT . 8 1 ! DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord High Chancellor and the Lord Advocate by Command of Her Majesty May I989 LONDON HER MAJESTY'S STATIONERY OFFICE - -. E10.40 net Cm. 671 The Law Commission and the Scottish Law Commission were set up by the Law CommissionsAct 1965 for the purpose of promoting the reform of the law. The Law Commissioners are- The Honourable Mr. Justice Beldam, Chairman Mr Trevor M. Aldridge Mr Richard Buxton, Q.C. Professor Brenda Hoggett, Q.C. The Secretary of the Law Commission is Mr. Michael Collon. Its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WClN 2BQ. The Scottish Law Commissioners are- The Honourable Lord Davidson, Chairman Dr E. M. Clive Professor P. N. Love, C.B.E. Sheriff C. G. B. Nicholson, Q.C. Mr W. A. Nimmo Smith, Q.C. The Secretary of the Scottish Law Commissionis Mr K. F. Barclay. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. , : I -: + .. -- 11 THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION Statute Law Revision: Thirteenth Report Draft Statute Law (Repeals) Bill To the Right Honourable the Lord Mackay of Clashfern, Lord High Chancellor of Great Britain, and the Right Honourable the Lord Fraser of Carmyllie, Q.C., Her Majesty’s Advocate. In pursuance of section 3(l)(d) of the Law CommissionsAct 1965, we have prepared the draft Bill which is Appendix 1 and recommend that effect be given to the proposals contained in it.
    [Show full text]
  • Crown Lands Act 1702
    Changes to legislation: There are currently no known outstanding effects for the Crown Lands Act 1702. (See end of Document for details) Crown Lands Act 1702 1702 CHAPTER 1 1 Ann I.—IV. F1 Textual Amendments F1 Ss. 1–4 repealed by Statute Law Revision Act 1867 (c. 59). V Reasons for passing this Enactment. Grants of Lands, &c. from the Crown as herein mentioned void, unless made for such Estate as herein mentioned, and made to commence from the making thereof, and for such Rent and upon such Terms as herein mentioned. And whereas the necessary Expences of supporting the Crown or the greatest part of them were formerly defrayed by a Land Revenue which hath from time to time been impaired and diminished by the Grants of former Kings and Queens of this Realm so that Her Majesties Land Revenues at present can afford very little towards the Support of Her Government nevertheless from time to time upon the Determination of the particular Estates whereupon many Reversions and Remainders in the Crown do now depend or expect and by such Lands Tenements and Hereditaments as may hereafter descend escheat or otherwise accrue or come to Her Majesty Her Heirs or Successors the Land Revenues of the Crown in Fines Rents and other Profits thereof may hereafter be increased and consequently the Burthen upon the Estates of the Subjects of this Realm may be eased and lessened in all future Provisions to be made for the Expences of the Civil Government To the end therefore that the Land Revenues of the Crown may be preserved improved and increased for the
    [Show full text]
  • This Copy of the Thesis Has Been Supplied on Condition That Anyone
    This copy of the thesis has been supplied on condition that anyone who consults it is understood to recognise that its copyright rests with its author and that no quotation from the thesis and no information derived from it may be published without the author’s prior consent. “THE DUCHY OF CORNWALL – A FEUDAL REMNANT?” “An examination of the origin, evolution and present status of the Duchy of Cornwall” by JOHN KIRKHOPE Notary Public/Chartered Insurer A thesis submitted to the University of Plymouth in partial fulfilment for the degree of: DOCTOR OF PHILOSOPHY Plymouth Law School Plymouth Business School 2013 John Kirkhope “The Duchy of Cornwall – A Feudal Remnant?” “An examination of the origin, evolution and present status of the Duchy of Cornwall” ABSTRACT This thesis conducts a legal analysis of the Duchy of Cornwall and how its perceived status has changed over the centuries. The roots of the Duchy date back nearly a thousand years therefore an understanding of the roots of the Duchy and its evolution, focussing on the significant legal issues, over time is necessary to comprehend its present position. The thesis concludes by exploring issues surrounding the contemporary legal status of the Duchy and identifies areas in which there is a convenient ambiguity. In doing so it establishes that while the Duchy and Government describe it as a “private estate” it enjoys privileges and rights which are unique to a “private estate”. In addition it has a significant role in supporting the United Kingdom’s Head of State, the Sovereign, and the heir to the throne.
    [Show full text]
  • Report and Accounts of the Duchy of Lancaster for the Year Ended 31 March 2015 the Duchy of Lancaster Annual Report 2015
    Report and accounts of the Duchy of Lancaster for the year ended 31 March 2015 The Duchy of Lancaster Annual Report 2015 Our Aim: To provide an income for Her Majesty the Queen as Duke of Lancaster ensuring that the capital value of the Duchy estates is protected for the benefit of future Dukes of Lancaster. Lord Shuttleworth KCVO, Lord Lieutenant of Lancashire since 1996, retired as Chairman of the Duchy Council at the end of 2014. A member of the Council since 1998 and Chairman since January 2006, he has seen significant changes to the operational structure of the Duchy during his tenure, while ensuring the preservation of its historic values and principles. Much of the Duchy’s growth and development over recent years is due to his stewardship, wisdom and guidance. All members of the Duchy Council, Duchy staff and Duchy tenants would like to formally record their thanks for his outstanding record of service. I am delighted to serve as Chairman of the Duchy Council following the retirement of our Chairman for 9 years, Charles Shuttleworth. His tireless work in protecting, preserving and enhancing our portfolio of land and property assets has set the standard for the future. I look forward to working with Council and staff to take this work forward in the years ahead. Mark Hudson Chairman Duchy Council Cover photograph: Wellington House, Strand, London Annual Report Report and accounts of the Duchy of Lancaster for the year ended 31 March 2015 Presented to Parliament pursuant to Section 2 of the Duchies of Lancaster and Cornwall (Accounts) Act 1838.
    [Show full text]
  • Crown Lands Act 1702
    Status: Point in time view as at 08/11/2019. Changes to legislation: There are currently no known outstanding effects for the Crown Lands Act 1702. (See end of Document for details) Crown Lands Act 1702 1702 CHAPTER 1 1 Ann E+W F1 X1 An Act for the better Support of Her Majesties Houshold and of the Honour and Dignity of the Crown. Editorial Information X1 The Calendar at the Rolls Chapel is headed thus: Secunda pars Anno Regni Anne Regine primo “Vide I pt. 13° & 14° Gul R” and which 1st Part contains Six Chapters, and the common printed Editions therefore intitule this Chapter as Chapter 7. Stat. I., and preserve the same Distinction in the Number of each throughout the whole of 1st Ann. Stat. I. Textual Amendments F1 Act repealed, in relation to Duchy of Lancaster by the Act 19 Geo. 3 c. 45, s. 1 Modifications etc. (not altering text) C1 Short title given by Short Titles Act 1896 (c. 14) C2 Preamble omitted as not relevant to unrepealed provisions of the Act C3 Act restricted by Crown Private Estates Act 1862 (c. 37), s. 2. I.—IV. F2 E+W Textual Amendments F2 Ss. 1–4 repealed by Statute Law Revision Act 1867 (c. 59). V Reasons for passing this Enactment. Grants of Lands, &c. from the Crown as herein mentioned void, unless made for such Estate as herein mentioned, and 2 Crown Lands Act 1702 (c. 1) Document Generated: 2020-08-28 Status: Point in time view as at 08/11/2019. Changes to legislation: There are currently no known outstanding effects for the Crown Lands Act 1702.
    [Show full text]
  • On Proposals for Land Law Reform
    promoting law reform in Northern Ireland Northern Ireland Law Commission Equality Impact Assessment (EQIA) Report Proposals for land law reform in Northern Ireland Linum Chambers, 8th Floor 2 Bedford Square Bedford Street Belfast, BT2 7ES TABLE OF CONTENTS PREFACE 3 INTRODUCING NORTHERN IRELAND LAW COMMISSION 4 THE COMMISSION and SECTION 75 8 PROPOSALS FOR LAND LAW REFORM IN NORTHERN IRELAND 9 Feudal Tenure Estates in land CONSIDERATION OF AVAILABLE DATA AND RESEARCH 10 CONSIDERATION OF IMPACT 27 MEASURES TO MITIGATE AND ALTERNATIVE POLICIES 29 (Preliminary Recommendations) FORMAL CONSULTATION 30 DECISION BY PUBLIC AUTHORITY 30 PUBLICATION OF RESULTS 30 MONITORING FOR ADVERSE IMPACT 30 APPENDIX 31 • Examples of Section 75 Groups by Dimension 2 PREFACE Further to the statutory duties contained within Section 75 of the Northern Ireland Act 1998, the Northern Ireland Law Commission is committed to carrying out an equality impact assessment (EQIA) on each policy or group of co-joined policies where screening had indicated that there may be significant implications in relation to one or more of the nine equality dimensions. This report has been made available as part of the formal consultation stage of the EQIA relating to the proposals for land law reform in Northern Ireland (PLLR). We would welcome any comments you may have about this EQIA and our preliminary recommendations with regard to measures to mitigate adverse impact and alternative policies. Further copies of this EQIA report are available on the Commission’s website at www.nilawcommission.gov.uk.
    [Show full text]
  • England and Wales by Professor Peter Sparkes, Professor of Property Law, Uni- Versity of Southampton, Subject Sections Secretary of the Society of Legal Scholars
    Real Property Law and Procedure in the European Union Annotated Draft Questionnaire Report from England and Wales by Professor Peter Sparkes, Professor of Property Law, Uni- versity of Southampton, Subject Sections Secretary of the Society of Legal Scholars. 1. Real Property Law – Introduction 1.1 General Features and Short History When were the main rules of your national real property law introduced? What have been the main reforms up to the present date? What are the relevant sources of the law as it stands now (civil code, special statutes, case law)? Terminology “Real property” is commonly used as a translation for the civilian concept of immoveable property, and this is the term that has become entrenched in the USA for example, but in England modern property lawyers generally consider that the correct concept is “land”. “Real property” has a technical meaning derived from the old law of succession, which became obsolete in England (as opposed to Ireland) in 1925. Real property included free- hold land but excluded leasehold land so that the two forms of ownership were formerly treated differently on death but, since 1925, all property (moveable and immoveable) has been subject to a single assimilated law of succession. It is almost never correct to analy- se modern law in terms of real and personal property, so “land” is the closest concept to immoveable property. The United Kingdom The United Kingdom has a wide diversity of property laws. When this report refers to “English” law it means the law in force in England and Wales, the land law in force in Wales being more or less identical to that in England – apart from the possibility of using the Welsh language for forms and documents – since the competence of the Welsh As- sembly has not been exercised except in peripheral areas.
    [Show full text]
  • High Court of Australia
    [Home ] [ Databases ] [ WorldLII ] [ Search ] [ Feedback ] High Court of Australia You are here: AustLII >> Databases >> High Court of Australia >> 1996 >> [1996] HCA 40 [Database Search ] [ Name Search ] [ Recent Decisions ] [ Noteup ] [ Help ] Wik Peoples v Queensland ("Pastoral Leases case") [1996] HCA 40; (1996) 187 CLR 1; (1996) 141 ALR 129; (1996) 71 ALJR 173 (23 December 1996) HIGH COURT OF AUSTRALIA BRENNAN CJ, DAWSON, TOOHEY, GAUDRON, McHUGH, GUMMOW AND KIRBY JJ ______________________ Matter No B8 of 1996 THE WIK PEOPLES APPELLANTS AND THE STATE OF QUEENSLAND & ORS RESPONDENTS Matter No B9 of 1996 THE THAYORRE PEOPLE APPELLANTS AND THE STATE OF QUEENSLAND & ORS RESPONDENTS ORDER 1. Each appeal allowed in part. 2. Set aside the answers given by Drummond J to Question 1B(b), (c) and (d) and Question 1C(b), (c) and (d). Affirm the answers given by Drummond J to Question 1C(a), Question 4 and Question 5. 3. Answer Questions 1B, 1C, 4 and 5 as follows: Question 1B " If at any material time Aboriginal title or possessory title existed in respect of the land demised under the pastoral lease in respect of the Holroyd River Holding a copy of which is attached hereto (pastoral lease): (a) [not pressed] (b) does the pastoral lease confer rights to exclusive possession on the grantee? If the answer to (a) is 'no' and the answer to (b) is 'yes': (c) does the creation of the pastoral lease that has these two characteristics confer on the grantee rights wholly inconsistent with the concurrent and continuing exercise of any rights or interests which might comprise such Aboriginal title or possessory title of the Wik Peoples and their predecessors in title which existed before the New South Wales Constitution Act 1855 (Imp) took effect in the Colony of New South Wales? (d) did the grant of the pastoral lease necessarily extinguish all incidents of Aboriginal title or possessory title of the Wik Peoples in respect of the land demised under the pastoral lease?" Answer (b) No.
    [Show full text]