HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Jovis 3° Maii 2001
The House met at two o’clock.
PRAYERS were read by the Lord Bishop of Lincoln.
Judicial Business
1. Lister and others (AP) (Appellants) v. Hesley Hall Limited (Respondents)—It was moved by the Lord Steyn, That the 30th 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 7th October 1999 be set aside and that the Order of His Honour Judge Walker of 21st January 1999 be restored; that the respondents do pay to the appellants their costs in the Court of Appeal and before this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the appellants in this House be taxed in accordance with the Legal Aid Act 1988. [2001] UKHL 22
The House was adjourned during pleasure.
The House was resumed.
Papers
2. Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:
Health—Government Response to the House of Commons Select Committee on Health’s Report on Access to NHS Dentistry. (5145)
3. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Children (Allocation of Proceedings) (Amendment No. 2) Order 2001, laid under the Children Act 1989; (1656)
2. Medicines (Products for Animal Use - Fees) (Amendment) Regulations 2001, laid under the Medicines Act 1971; (1669)
3. Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2001, laid under the Public Passenger Vehicles Act 1981; (1649)
4. Merchant Shipping (Miscellaneous Amendments) Regulations 2001, laid under the Merchant Shipping Act 1995; (1638)
5. Merchant Shipping (Oil Pollution Preparedness, Response and Cooperation Convention) (Amendment) Regulations 2001, laid under the Merchant Shipping (Oil Pollution Preparedness, Response and Cooperation Convention) Order 1997; (1639)
6. Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001, laid under the European Communities Act 1972; (1701)
7. (i) National Health Service (Functions of Health Authorities) (General Dental Services Incentive Schemes) Regulations 2001— (1678)
(ii) National Health Service (General Dental Services) Amendment (No. 3) Regulations 2001; (1677)
laid under the National Health Service Act 1977;
8. (i) Motor Vehicles (Tests) (Amendment) Regulations 2001— (1648)
(ii) Goods Vehicles (Plating and Testing) (Amendment) Regulations 2001— (1650)
laid under the Road Traffic Act 1988.
Private Business
4. Standing Orders (Private Business)—It was moved by the Chairman of Committees that the Standing Orders relating to Private Business be amended, with effect from 27th November 2001, as follows:
Amendment
No.
Standing Order 1
1. Line 46, at end insert—
““minister of the Crown” means the holder of an office in Her Majesty’s Government in the United Kingdom, and includes the Treasury;”
Standing Order 27
2. Line 52, leave out from “borough, or” to “and if” in line 53 and insert “(in Wales) of the county or county borough or (in Scotland) of the local government area”
Standing Order 38
3. Line 13, at end insert—
“(2A) The printed memorandum shall include a statement of opinion, by or on behalf of the promoters, as to the compatibility of the provisions of the bill with the Convention rights (as defined in the Human Rights Act 1998).”
Standing Order 39
4. Line 7, after “Treasury,” insert “the Privy Council Office,”
Standing Order 91
5. Line 5, at end insert—
“(2) Without prejudice to the generality of paragraph (1) of this standing order, where in the case of a private bill which has been read a first time no report from a minister of the Crown has been presented to the House under Standing Order 98A, the Chairman of Committees may, if he thinks fit, direct the attention of the House to that fact.”
After Standing Order 98
6. Insert the following new Standing Order—
“Reports concerning human rights.
98A. In the case of a private bill originating in this House or brought from the House of Commons, a report from a minister of the Crown on the statement of opinion required by Standing Order 38(2A) shall be presented to the House (by being deposited in the Office of the Clerk of the Parliaments) not later than the second sitting day after that on which the bill was read a first time.”
Standing Order 127
7. Leave out Standing Order 127 and insert—
“Reports by ministers of the Crown.
127.—(1) All reports on a private bill, or its objects, which are—
(a) made by a minister of the Crown; and
(b) presented to the House by being deposited in the office of the Clerk of the Parliaments,
shall stand referred to the committee on the bill.
(2) Where a recommendation is made in any such report, the committee—
(a) may, if they think fit, hear an officer of the minister in explanation of the recommendation; and
(b) shall note the recommendation in their report and, if they do not agree to it, shall state their reasons for dissenting.”
Standing Order 142
8. Line 15, at end insert “(by being deposited in the Office of the Clerk of the Parliaments)”
Standing Order 167
9. Line 2, leave out “(hereinafter referred to as an infant)” and insert “(in this order referred to as a minor)”
10. Line 5, leave out “such infant” and insert “the minor”
11. Line 8, leave out “such infant” and insert “the minor”
12 Line 13, leave out “infants” and insert “minors”;
after debate, the motion was agreed to; it was ordered that the Standing Orders relating to Private Business be printed as amended. (HL Paper 77)
Public Business
5. Culture and Recreation Bill [HL]—It was moved by the Lord McIntosh of Haringey that it be an instruction to the Committee of the Whole House to whom the Culture and Recreation Bill [HL] has been committed that they consider the Bill in the following order:
Clause 1
Schedule 1
Clauses 2 to 25
Schedule 2
Clauses 26 to 33
Schedule 3
Clauses 34 and 35
Schedule 4 |
Clauses 36 to 38
Schedule 5
Clauses 39 to 44
Schedule 6
Clauses 45 to 50
Schedule 7
Clauses 51 and 52; |
the motion was agreed to.
6. Health and Social Care Bill—The bill was read a third time; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; then the bill was passed and returned to the Commons with amendments.
7. Family law—The Lord Bishop of Oxford asked Her Majesty’s Government when they will bring the provisions of the Family Law Act 1996 into force; after debate, the question was answered by the Lord Chancellor.
The House was adjourned at twelve minutes before eight o’clock
to Tuesday next, half-past two o’clock.
MICHAEL DAVIES
Cler: Parliamentor:
| 
