HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Mercurii 9° Maii 2001
The House met at two o’clock.
PRAYERS were read by the Lord Bishop of Bradford.
Judicial Business
1. Regina v. Secretary of State for the Environment, Transport and the Regions (Original Appellant and Cross-Respondent) ex parte Alconbury Developments Limited and others (Respondents) and others (Cross-Appellants) (On appeal from the Queen’s Bench Division of the High Court of Justice)—
2. Regina v. Secretary of State for the Environment, Transport and the Regions (Original Appellant and Cross-Respondent) ex parte Holding & Barnes plc (Original Respondents and Cross-Appellants) (On appeal from the Queen’s Bench Division of the High Court of Justice)—
3. Regina v. Secretary of State for the Environment, Transport and the Regions (Appellant) ex parte Legal & General Assurance Society Limited (On appeal from the Queen’s Bench Division of the High Court of Justice)—
It was moved by the Lord Slynn of Hadley, That the 31st Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeals be allowed and the cross-appeals dismissed; that the Orders of the Divisional Court of the Queen’s Bench Division of 20th December last be set aside; that it be declared that “The impugned decisions of the original appellant are not in breach of or incompatible with the Human Rights Act 1998.”; and that there be no order as to costs save that Huntingdonshire District Council do pay to the original appellant one quarter of his costs in the Divisional Court 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 original appellant do pay to Holding & Barnes plc their costs in the Divisional Court 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. [2001] UKHL 23
4. Preston and others (Appellants) v. Wolverhampton Healthcare NHS Trust and others (Respondents)—
5. Fletcher and others (Appellants) v. Midland Bank plc (Respondents)—
It was ordered that there be no order as to costs.
6. Anyanwu and another (AP) (Appellants) v. South Bank Student Union and others (Respondents) and Commission for Racial Equality (Interveners)—It was ordered that the order as to costs of the Court of Appeal of 26th October 1999 be restored; that the costs of the appellants in this House be costs in the cause; that the Commission for Racial Equality do pay to the respondents their costs in this House, the amount thereof 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.
7. Mohamed (Respondent) v. London Borough of Hammersmith and Fulham (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee.
8. Barclays Bank plc (Respondents) v. Harris (FC) (executor of Beryl Iris Harris (deceased)) (Appellant) (formerly Barclays Bank plc (Respondents) v. Harris and another (AP) (Appellant))—The appellant’s certificate of public funding was lodged.
9. Appeal Committee—The following Orders were made pursuant to the 43rd Report:
Bybrook Barn Centre Limited and others (Respondents) v. Kent County Council (Petitioners)—That the petition be referred for hearing.
A E Beckett & Sons (Lyndons) Limited and others (Respondents) v. Midlands Electricity plc (Petitioners)—That the petition be referred for hearing.
Ashworth Security Hospital (Respondents) v. MGN Limited (Petitioners)—That leave to appeal be given, and that the petition of appeal be lodged by 23rd May.
10. Appeal Committee—The 50th Report from the Appeal Committee was agreed to and the following Order was made—
Owners of cargo lately laden on board the ship or vessel “Starsin” and others (Respondents) v. Owners and/or demise charterer of the ship or vessel “Starsin” (Petitioners) and two other actions—That the respondents be invited to lodge objections by 23rd May.
The House was adjourned during pleasure.
The House was resumed.
11. Black Rod—The Baroness Jay of Paddington informed the House that Her Majesty had appointed Lieutenant-General Sir Michael Willcocks, KCB, to be Gentleman Usher of the Black Rod in the room of General Sir Edward Jones, KCB, CVO, CBE; and that he was at the door, ready to receive their Lordships’ commands; whereupon the House directed that he should be called in; accordingly he was called in and officiated in his place.
Papers
12. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. Patents—Amendments to the Regulations under the Patent Cooperation Treaty adopted by the Assembly of the International Patent Cooperation Union on 17th March 2000, with effect 1st March 2001; (5140)
2. Transport—Government Response to the Report of the House of Commons Environment, Transport and Regional Affairs Committee: Transport-Related Executive Agencies of the Department of the Environment, Transport and the Regions. (5148)
13. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Railways (Closure Provisions) (Exemptions) (St. Pancras) Order 2001, laid under the Railways Act 1993; (1768)
2. Financial Services and Markets Act 2000 (Compensation Scheme: Electing Participants) Regulations 2001, laid under the Financial Services and Markets Act 2000; (1783)
3. Civil Procedure (Amendment No. 3) Rules 2001, laid under the Civil Procedure Act 1997; (1769)
4. Elections Act 2001 (Supplemental Provisions) (No. 2) Order 2001, laid under the Elections Act 2001; (1774)
5. Utilities Act 2000 (Transitional Provisions) Regulations 2001, laid under the Utilities Act 2000; (1782)
6. Home-Grown Cereals Authority (Rate of Levy) Order 2001, laid under the Cereals Marketing Act 1965; (1773)
7. (i) Foot-and-Mouth Disease (Marking of Meat, Meat Products, Minced Meat and Meat Preparations) Regulations 2001— (1771)
(ii) Import and Export Restrictions (Foot-And-Mouth Disease) (No. 7) Regulations 2001— (1772)
laid under the European Communities Act 1972;
8. (i) National Patient Safety Agency Regulations 2001— (1742)
(ii) National Patient Safety Agency (Establishment and Constitution) Order 2001— (1743)
laid under the National Health Service Act 1977.
14. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Fifth Code of Practice of the Human Fertilisation and Embryology Authority, laid under the Human Fertilisation and Embryology Act 1990;
2. Report for 2001 of the Director General of Water Services, laid under the Water Industry Act 1991;
3. Compensation (H M Prison Service) Scheme 2001, laid under the Superannuation Act 1972.
Select Committee Reports
15. Delegated Powers and Deregulation—The following reports from the Select Committee were made and ordered to be printed:
23rd Report, on the proposal for the draft Deregulation (Restaurant Licensing Hours) Order 2001, with the minutes of evidence; (HL Paper 80)
24th Report, on the proposal for the draft Deregulation (Bingo and Other Gaming) Order 2001; (HL Paper 81)
25th report, on the Rating (Former Agricultural Premises and Rural Shops) Bill; (HL Paper 82)
Special Report for Session 2000-01: the Committee’s work. (HL Paper 83)
Public Business
16. Business of the House—It was moved by the Baroness Jay of Paddington that Standing Order 40 (Arrangement of the Order Paper) be suspended until the end of the Session so far as is necessary to give Her Majesty’s Government the power to arrange the order of business; and that Standing Order 46 (No two stages of a Bill to be taken on one day) be suspended for the same period; the motion was agreed to.
17. Private Security Industry Bill [HL]—The bill was returned from the Commons agreed to with a privilege amendment; the amendment was considered and agreed to.
18. Criminal Justice and Police Bill—The report was received; amendments were agreed to; an amendment was disagreed to (see division list 1); an amendment was agreed to (see division list 2); then, Standing Order 46 having been suspended, the bill was read a third time and after debate passed and returned to the Commons with amendments.
19. Children’s Commissioner for Wales Bill—The report was received; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; then, Standing Order 46 having been suspended, the bill was read a third time and passed and returned to the Commons with amendments.
20. House of Commons (Removal of Clergy Disqualification) Bill—The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed and the bill was reported without amendment; the report was received; then, Standing Order 46 having been suspended, the bill was read a third time and passed.
The House was adjourned at twenty-six minutes before six o’clock
till tomorrow, half-past eleven o’clock.
MICHAEL DAVIES
Cler: Parliamentor:
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