HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Lunae 26° Martii 2001
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Guildford.
Judicial Business
1. Parkins (Petitioner) v. City of Westminster (Respondents)—The petition of Milton Parkins praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee (lodged 9th October).
2. Hussain (Petitioner) v. Cuddy Woods and Cochrane (a firm) and another (Respondent)—The petition of Ibrar Hussain praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee (lodged 17th December).
3. Regina v. Department of Environment for Northern Ireland and others (Respondents) ex parte Belfast Chamber of Trade and Commerce and others (Petitioners) (Northern Ireland)—The petition of Belfast Chamber of Trade and Commerce, Belfast City Council and North Down Borough Council praying for leave to appeal was presented and referred to an Appeal Committee (lodged 23rd March).
4. Regina v. Benjafield (Petitioner)—The petition of Karl Robert Benjafield praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee.
5. Mohamed (Respondent) v. London Borough of Hammersmith and Fulham (Appellants)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 9th May next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
6. Appeal Committee—The following Orders were made pursuant to the 17th Report:
Regina v. Durham County Council and others and another (Petitioner) ex parte Huddleston (Respondent)—That the petition be referred for hearing.
American Home Products Corporation and another (Petitioners) v. Novartis Pharmaceuticals UK Limited and others (Respondents) and one other action—That leave to appeal be given, and that the petition of appeal be lodged by 9th April next.
7. Appeal Committee—The following Orders were made pursuant to the 27th Report:
Co-operative Retail Services Limited (Respondents) v. Taylor Young Partnership and others (Petitioners) and others—That leave to appeal be given, and that the petition of appeal be lodged by 9th April next.
Jackson and another (Petitioners) v. Royal Bank of Scotland plc (Respondents)—That leave to appeal be given, and that the petition of appeal be lodged by 9th April next.
Cape & Dalgleish (a firm) (Respondents) v. Fitzgerald (Petitioner) and others—That leave to appeal be given, and that the petition of appeal be lodged by 9th April next.
Regina v. Smith (Respondent) (2001)—That the petition be referred for hearing.
8. Appeal Committee—The 37th Report from the Appeal Committee was agreed to and the following Order was made—
Regina v. Independent Television Commission (Appellants) ex parte TV Danmark 1 Limited (Respondents)—That the petition of the British Broadcasting Corporation and ITV Network Limited that they might be heard or otherwise intervene in the said appeal be allowed to the extent that they may lodge written submissions only.
9. Appeal Committee—The 38th Report from the Appeal Committee was agreed to and the following Order was made—
Dubai Aluminium Company Limited v. Salaam (Respondent) and others (Original Appellants and Cross-Respondents) and others and another (Original Respondent and Cross-Petitioner)—That leave to cross-appeal be given, and that the petition of cross-appeal be lodged by 9th April next.
10. Appeal Committee—The 39th Report from the Appeal Committee was agreed to and the following Order was made—
Dubai Aluminium Company Limited v. Salaam (Original Respondent and Cross-Petitioner) and others (Original Appellants and Cross-Respondents)—That leave to cross-appeal be given, and that the petition of cross-appeal be lodged by 9th April next.
11. Appeal Committee—The 40th Report from the Appeal Committee was agreed to and the following Orders were made—
Welsh (Respondent) v. Mayor and Burgesses of the London Borough of Greenwich (Petitioners)—That the petition be referred for hearing.
Duguid (Petitioner) v. Secretary of State for the Environment, Transport and the Regions and others (Respondents)—That leave to appeal be refused; that the first respondent be at liberty to apply for his 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.
Stewart (Petitioner) v. Engel and another (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.
On Demand Information plc (in administrative receivership) and others (Petitioners) v. Michael Gerson (Finance) plc and others (Respondents)—That the respondents be invited to lodge objections by 9th April next.
Scott (Petitioner) v. Secretary of State for the Environment, Transport and the Regions and others (Respondents)—That leave to appeal be refused; that the first respondent be at liberty to apply for his 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.
Rosen (Petitioner) v. Trustees of the Campden Charities (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.
Parkins (Petitioner) v. City of Westminster (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.
12. Appeal Committee—The 41st Report from the Appeal Committee was agreed to and the following Orders were made—
Pritchard (Petitioner) v. Ministry of Defence (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.
Safa Limited (Petitioners) v. Banque du Caire SAE (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.
Lotus Cars Limited and others v. Southampton Cargo Handling plc (Respondents) and others and Associated British Ports (Petitioners) and others—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.
Medcalf (Respondent) and others v. Weatherill and another (Petitioners)—That the respondent be invited to lodge objections by 9th April next.
Cook (Her Majesty’s Inspector of Taxes) (Respondent) v. Billings SJ (Petitioner)—That the respondent be invited to lodge objections by 9th April next.
Cook (Her Majesty’s Inspector of Taxes) (Respondent) v. Billings CJ (Petitioner)—That the respondent be invited to lodge objections by 9th April next.
Cook (Her Majesty’s Inspector of Taxes) (Respondent) v. Billings AJ (Petitioner)—That the respondent be invited to lodge objections by 9th April next.
Cook (Her Majesty’s Inspector of Taxes) (Respondent) v. Jeffries (Petitioner)—That the respondent be invited to lodge objections by 9th April next.
Cook (Her Majesty’s Inspector of Taxes) (Respondent) v. Billings RJ (Petitioner)—That the respondent be invited to lodge objections by 9th April next.
Cook (Her Majesty’s Inspector of Taxes) (Respondent) v. Clifford (Petitioner)—That the respondent be invited to lodge objections by 9th April next.
Cook (Her Majesty’s Inspector of Taxes) (Respondent) v. Cawood (Petitioner)—That the respondent be invited to lodge objections by 9th April next.
Regina v. Bishop of Stafford (Respondent) ex parte Owen (Petitioner)—That leave to appeal be refused; that the respondent be at liberty to apply for his 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.
Hamilton (Petitioner) v. Al Fayed (Respondent)—That the petition be dismissed as inadmissible.
Hussain (Petitioner) v. Cuddy Woods and Cochrane (a firm) and another (Respondent)—That leave to appeal be refused; that the respondent be at liberty to apply for his 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.
Papers
13. Command Papers—The following papers, having been presented to the House by command of Her Majesty on the dates shown, were ordered to lie on the Table:
1. Transport—Public Inquiry into the Identification of Victims Following Major Transport Accidents: Report of Lord Justice Clarke; (23rd March) (5012)
2. International Development—Departmental Report 2001 of the Department for International Development: Expenditure Plans 2001/2002 to 2003/2004 and Main Estimates 2001/2002. (26th March) (5111)
14. Statutory Instruments (Standing Order 70)—The following negative instruments, having been laid before the House on 23rd March were ordered to lie on the Table:
1. Road Vehicles (Authorised Weight) (Amendment) Regulations 2001, laid under the Road Traffic Act 1988; (1125)
2. Employment Appeal Tribunals (Amendment) Rules 2001, laid under the Employment Tribunals Act 1996; (1128)
3. Notification of New Substances (Amendment) Regulations 2001, laid under the European Communities Act 1972. (1055)
15. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft Non-Domestic Rating (Public Houses and Petrol Filling Stations) (England) Order 2001;
2. Draft Relevant Authorities (General Principles) Order 2001.
16. Deregulation—The following documents were laid before the House under section 3(3) of the Deregulation and Contracting Out Act 1994 and referred to the Delegated Powers and Deregulation Committee:
1. Proposal for the Draft Deregulation (Bingo and Other Gaming) Order 2001;
2. Proposal for the Draft Deregulation (Restaurant Licensing Hours) Order 2001;
3. Proposal for the Draft Deregulation (Correction of Birth and Death Entries in Registers or Other Records) Order 2001.
17. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 2001; laid under the Criminal Justice (International Co-operation) Act 1990; (957)
2. Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 2001, laid under the Criminal Justice Act 1988; (960)
3. Drug Trafficking Act 1994 (Designated Countries and Territories) (Amendment) Order 2001, laid under the Drug Trafficking Act 1994; (956)
4. Proceeds of Crime (Scotland) Act 1995 (Enforcement of Scottish Confiscation Orders in England and Wales) Order 2001, laid under the Proceeds of Crime (Scotland) Act 1995; (953)
5. (i) Statute made by Clare College, Cambridge on 10th November 2000— (—)
(ii) Statute made by Churchill College, Cambridge on 20th December 2000— (—)
laid under the Oxford and Cambridge Act 1923;
6. European Convention on Extradition Order 2001, laid under the Extradition Act 1989; (962)
7. European Communities (Designation) Order 2001, laid under the European Communities Act 1972; (961)
8. (i) Criminal Defence Service (Funding) (Amendment) Order 2001— (1143)
(ii) Criminal Defence Service (General) Regulations 2001— (1144)
laid under the Access to Justice Act 1999;
9. Prison Service (Pay Review Body) Regulations 2001, laid under the Criminal Justice and Public Order Act 1994. (1161)
18. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Report for 1999-2000 of the Office of the Subsidence Adviser, laid under the Coal Mining Subsidence (Subsidence Adviser) Regulations 1994;
2. Report and Accounts 2000 of the Independent Television Commission, laid under the Broadcasting Act 1990;
3. Report 2000 of the Law Commission, laid under the Law Commissions Act 1965;
4. Accounts for 1999-2000 of the Wallace Collection, laid under the Museums and Galleries Act 1992;
5. Statements of Guarantee given by the Secretary of State for Health on loans proposed to be raised by the following National Health Service Trusts—
(i) Newcastle-upon-Tyne Hospitals—
(ii) Leeds Teaching Hospitals—
(iii) Leeds Community and Mental Health Services Teaching—
(iv) United Lincolnshire Hospitals—
(v) Rotherham General Hospitals—
(vi) Sheffield Teaching Hospitals—
(vii) Queens Medical Centre Nottingham University Hospital—
(viii) Nottingham City Hospital—
(ix) Lincolnshire Ambulance and Health Transport Service—
(x) Dewsbury Health Care—
(xii) Harrogate Health Care—
laid under the National Health Service and Community Care Act 1990.
Private Business
19. Kent County Council Bill [HL]—
20. Medway Council Bill [HL]—
The bills were returned from the Commons agreed to with amendments.
Public Business
21. Hunting Bill—The House resolved itself into a Committee upon the bill; an amendment was moved; the House was resumed.
The House was adjourned during pleasure.
The House was resumed.
22. European Council—The Leader of the House made a statement.
23. Hunting Bill—The House again resolved itself into a Committee upon the bill; the debate on the amendment was resumed; after further debate, the amendment was agreed to (see division list 1); a further amendment was agreed to (see division list 2); an amendment was disagreed to (see division list 3); further 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 40); the bill was recommitted to a Committee of the Whole House in accordance with the instruction of the House of 13th March.
The House was adjourned at twenty-eight minutes before nine o’clock
till tomorrow, half-past two o’clock.
MICHAEL DAVIES
Cler: Parliamentor:
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