HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Jovis 22° Martii 2001
The House met at two o’clock.
PRAYERS were read by the Lord Bishop of Wakefield.
Judicial Business
1. Johnson (AP) (Appellant) v. Unisys Limited (Respondents)—It was moved by the Lord Bingham of Cornhill, That the 21st Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 4th December 1998 be affirmed and the appeal dismissed; that the costs incurred by the respondents in respect of the Appeal to this House be paid out of the Legal Aid Fund in accordance with section 18 of the Legal Aid Act 1988, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties, such order to be suspended for four weeks to allow the Legal Aid Board to object if they wish; and that the costs of the appellant in this House be taxed in accordance with the Legal Aid Act 1988. [2001] UKHL 13
2. Anyanwu and another (AP) (Appellants) v. South Bank Student Union and others (Respondents) and Commission for Racial Equality (Interveners)—It was moved by the Lord Bingham of Cornhill, That the 22nd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 26th October 1999 be set aside, save as to legal aid taxation, and that the Order of the Employment Appeal Tribunal of 19th January 1998 be restored; that the cause be remitted to an Employment Tribunal for hearing in accordance with the Opinions expressed in this House; that the costs of the appellants in this House be taxed in accordance with the Legal Aid Act 1988; and that the question of costs be otherwise adjourned. [2001] UKHL 14
3. Hallam and another (Appellants) v. Cheltenham Borough Council and others (Respondents)—It was moved by the Lord Bingham of Cornhill, That the 23rd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 10th December 1999 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties. [2001] UKHL 15
4. Three Rivers District Council and others (Original Appellants and Cross-respondents) v. Governor and Company of the Bank of England (Original Respondents and Cross-appellants)—It was moved by the Lord Steyn, That the 24th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Appeal be allowed and the Cross-appeal dismissed; that the Order of the Court of Appeal of 21st January 1998 and the Order of Mr Justice Clarke of 2nd October 1997 be set aside; that the original appellants be granted leave to amend their particulars of claim in the terms of the New Draft Particulars of Claim; and that the question of costs be adjourned sine die. [2001] UKHL 16
5. Borealis AB (formerly Borealis Petrokemi AB and Statoil Petrokemi AB) (Respondents) v. Stargas Limited and others (Respondents) and Bergesen D.Y. A/S “Berge Sisar” (Appellants)—
6. Borealis AB (formerly Borealis Petrokemi AB and Statoil Petrokemi AB) (Appellants) v. Stargas Limited and others (Respondents)—
It was moved by the Lord Hoffmann, That the 25th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 30th July 1998 be affirmed; that the first appeal be dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties; that the second appeal be dismissed and that the costs incurred by the appellants and first respondents to the second appeal be paid by Bergesen D.Y. A/S, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties. [2001] UKHL 17
7. Appeal Committee—The 36th Report was made; the Appeal Committee reported that they had met and had heard Counsel; the report was agreed to and the following Order was made—
Regina v. East Sussex County Council (Petitioners) ex parte Reprotech (Pebsham) Limited (Respondents) and one other action—That leave to appeal be given, and that the petition of appeal be lodged by 5th April next.
The House was adjourned during pleasure.
The House was resumed.
8. Royal Assent—The Lord Chancellor notified the Queen’s Assent to the following Acts:
| Consolidated Fund Act | c. | 1 |
| Capital Allowances Act | c. | 2 |
| Alliance & Leicester Group Treasury plc (Transfer) Act | c. | i |
| Colchester Borough Council Act | c. | ii |
Papers
9. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. Telecommunications—Amendments to the Agreement and Operating Agreement relating to the International Telecommunications satellite Organization (INTELSAT), together with an explanatory memorandum; (5092)
2. Biodiversity—The Government’s Response to the Environment, Transport and Regional Affairs Committee Report: UK Biodiversity; (5072)
3. Air Services—The Government’s Response to the Environment, Transport and Regional Affairs Committee’s Report: National Air Traffic Services. (5085)
10. Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:
Draft Scottish Parliament (Elections etc.) (Amendment) Order 2001.
11. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Royal Ulster Constabulary Reserve (Full-time) (Appointment and Conditions of Service) (Amendment) Regulations 2001, laid under the Police (Northern Ireland) Act 1998; (80)
2. Social Security Amendment (Capital Disregards and Recovery of Benefits) Regulations 2001, laid under the Social Security Contributions and Benefits Act 1992; (1118)
3. National Assistance (Assessment of Resources) (Amendment) (No. 3) (England) Regulations 2001, laid under the National Assistance Act 1948; (1124)
4. Local Authorities (Changing Executive Arrangements and Alternative Arrangements) (England) Regulations 2001, laid under the Local Government Act 2000; (1003)
5. (i) Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2001— (1113)
(ii) Plant Protection Products (Amendment) Regulations 2001— (1112)
(iii) Fisheries and Aquaculture Structures (Grants) (England) Regulations 2001— (1117)
laid under the European Communities Act 1972.
12. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
Statement of Guarantee given by the Secretary of State for Health in respect of temporary borrowing by the:
(i) Whittington Hospital National Health Service Trust from Lloyds TSB Bank PLC—
(ii) Norfolk Mental Health Care National Health Service Trust from Barclays Bank PLC—
(iii) Norfolk and Norwich Health Care National Health Service Trust from Barclays Bank PLC—
(iv) East Anglian Ambulance National Health Service Trust from Barclays Bank PLC—
(v) University Hospitals of Leicester National Health Service Trust from the Royal Bank of Scotland PLC—
(vi) Weston Area Health National Health Service Trust from National Westminster Bank PLC—
(vii) Gloucestershire Royal National Health Service Trust from Barclays Bank PLC—
(viii) East Gloucestershire National Health Service Trust from National Westminster Bank PLC—
(ix) Southampton University Hospitals National Health Service Trust from National Westminster Bank PLC—
(x) Southampton Community Health Services National Health Service Trust from National Westminster Bank PLC—
(xi) South Buckinghamshire National Health Service Trust from HSBC Bank PLC—
(xii) Nuffield Orthopaedic Centre National Health Service Trust from Lloyds TSB Bank PLC—
(xiii) North Hampshire Hospitals National Health Service Trust from Lloyds TSB Bank PLC—
(xiv) Isle of Wight Healthcare National Health Service Trust from Barclays Bank PLC—
(xv) Epsom & St Helier National Health Service Trust from the Cooperative Bank PLC—
laid under the National Health Service and Community Care Act 1990.
Select Committee Reports
13. Science and Technology—The following Reports from the Select Committee were made and ordered to be printed, together with the Minutes of Evidence:
Resistance to Antibiotics; (3rd Report-HL Paper 56)
Human Genetic Databases: challenges and opportunities. (4th Report-HL Paper 57)
Public Business
14. Health and Social Care Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; amendment were disagreed to (see division lists 1 and 2); the House was resumed.
15. Commonhold and Leasehold Reform Bill [HL]—The bill was reported from the Grand Committee with amendments; it was ordered that the bill be printed as amended. (HL Bill 38)
16. Swine fever—The Viscount Cranborne asked Her Majesty’s Government what measures they have taken to relieve the plight of East Anglian pig producers in the light of the recent outbreak of classical swine fever; after debate, the question was answered by the Lord Carter.
17. Health and Social Care Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed and the bill was reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 39)
The House was adjourned at ten minutes before two o’clock
in the morning of Friday 23rd March to Monday next, half-past two o’clock.
MICHAEL DAVIES
Cler: Parliamentor:
APPENDIX
PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)
The Committee met at four o’clock.
Commonhold and Leasehold Reform Bill [HL]—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; it was ordered that the bill be reported with amendments.
The Committee was adjourned at twenty-five minutes before eight o’clock. | 
