HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Jovis 7° Februarii 2002
The House met at two o’clock.
PRAYERS were read by the Lord Bishop of Blackburn.
Judicial Business
1. Caledonia North Sea Limited (Respondents) v. British Telecommunications plc (Appellants) (Scotland)—
2. Caledonia North Sea Limited (Respondents) v. Kelvin International Services Limited (formerly Kelvin Catering Limited) (Appellants) (Scotland)—
3. Caledonia North Sea Limited (Respondents) v. London Bridge Engineering Limited (Appellants) (Scotland)—
4. Caledonia North Sea Limited (Respondents) v. Norton (No. 2) Limited (in liquidation) (Appellants) (Scotland)—
5. Caledonia North Sea Limited (Respondents) v. Pickup No. 7 Limited (formerly Northern Industrial & Marine Services Company Limited) (Appellants) (Scotland)—
6. Caledonia North Sea Limited (Respondents) v. Stena Offshore Limited (Appellants) (Scotland)—
7. Caledonia North Sea Limited (Respondents) v. Wood Group Engineering Contractors Limited (Appellants) (Scotland)—
It was moved by the Lord Bingham of Cornhill, That the 36th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that, in the appeal of Norton (No. 2) Limited, the Interlocutors of the First Division of the Inner House of the Court of Session of 1st February 2000 be affirmed and the appeal dismissed with costs, such costs to include a certificate for 2 Leading Counsel; and that, in the 6 other appeals, the causes be remitted to the First Division of the Inner House of the Court of Session to give effect to the settlement agreed between the parties. [2002] UKHL 4
8. Appeal Committee—It was moved by the Lord Scott of Foscote on behalf of the Lord Steyn that the 52nd Report from the Appeal Committee (HL Paper 77) be agreed to; the motion was agreed to. It was ordered that the Order made pursuant to the 48th Report of the Appeal Committee on 30th January last, relating to the petition for leave to appeal in the Cause Fairchild (suing on her own behalf and on behalf of the estate of and dependants of Arthur Eric Fairchild (deceased)) (Petitioner) v. Glenhaven Funeral Services Limited and others (Respondents), be vacated; and that leave to appeal be given.
9. Regina v. Immigration Appeal Tribunal (Appellants) ex parte Sivakumar (Respondent) (England)—The appeal of the Secretary of State for the Home Department was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 21st March next.
10. Callery (Respondent) v. Gray (Appellant) (England)—The appeal of Charles Gray was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 21st March next.
11. Societe Eram Shipping Company Limited (Respondents) and others v. Hong Kong and Shanghai Banking Corporation Limited (Appellants) (England)—The appeal of the Hong Kong and Shanghai Banking Corporation Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 21st March next.
12. Regina v. Dervish (Petitioner)—The petition of Mulayim Dervish praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee.
13. Relaxion Group plc (Respondents) v. Rhys-Harper (FC) (Petitioner)—The petitioner’s certificate of public funding was lodged.
14. Appeal Committee—The 53rd Report was made; the Appeal Committee reported that they had met and had heard Counsel; the report was agreed to and the following Orders were made—
British Waterways Board (Respondents) v. Severn Trent Water Limited (Petitioners)—That leave to appeal be refused; and that the petitioners do pay to the respondents the costs of the petition, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.
Bairstow (Petitioner) and others v. Queens Moat Houses plc (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 21st February.
Relaxion Group plc (Respondents) v. Rhys-Harper (FC) (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 21st February.
15. Appeal Committee—The 54th Report from the Appeal Committee was agreed to and the following Orders were made—
Solo Industries UK Limited (Petitioners) v. Canara Bank (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.
MCA Records Inc (a company incorporated under the laws of the State of California USA) and others (Respondents) v. Charly Records Limited (now known as Night and Day Distribution Limited) and others and another (Petitioner)—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.
In re De Brun (Respondent) (Northern Ireland)—That leave to appeal be refused; that the respondent be at liberty to apply for her 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.
In re McGuinness (Respondent) (Northern Ireland)—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.
Hertsmere Borough Council (Respondents) v. Harty and others (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.
Wrexham County Borough Council (Petitioners) v. Berry (Respondent)—That the respondent be invited to lodge objections by 21st February.
South Bucks District Council (Petitioners) v. Porter and another (Respondents)—That the respondents be invited to lodge objections by 21st February.
Chichester District Council (Petitioners) v. Searle and others (Respondents)—That the respondents be invited to lodge objections by 21st February.
Paragon Finance plc (formerly The National Home Loans Corporation plc) (Respondents) v. Staunton and another (Petitioners) and one other action —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.
The House was adjourned during pleasure.
The House was resumed.
Papers
16. Instrument withdrawn—The following instrument, laid before the House on 30th January, was withdrawn:
Draft Police Act 1997 (Enhanced Criminal Record Certificates) (Protection of Vulnerable Adults) Regulations 2002.
17. Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:
Immigration—Secure Borders, Safe Haven: Integration with Diversity in Modern Britain: Government Proposals. (5387)
18. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft Adjacent Waters Boundaries (Northern Ireland) Order 2002;
2. Draft Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2002;
3. Draft Contracting Out (Local Education Authority Functions) (England) Order 2002;
4. Draft Criminal Injuries Compensation (Northern Ireland) Order 2002, together with a report by the Northern Ireland Assembly on the Proposed Draft Order and a Summary of Representations made on the Proposed Draft;
5. Draft Police Act 1997 (Enhanced Criminal Record Certificates) (Protection of Vulnerable Adults) Regulations 2002;
6. Draft Sea Fisheries (Northern Ireland) Order 2002.
19. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Fur Farming (Compensation Scheme) (England) Order 2002, laid under the Fur Farming (Prohibition) Act 2000; (221)
2. Elections (Policy Development Grants Scheme) Order 2002, laid under the Political Parties, Elections and Referendums Act 2000; (224)
3. Forestry (Felling of Trees) (England and Wales) (Amendment) Regulations 2002, laid under the Forestry Act 1967; (226)
4. Courts-Martial (Royal Air Force) (Amendment) Rules 2002, laid under the Air Force Act 1955; (229)
5. Courts-Martial (Army) (Amendment) Rules 2002, laid under the Army Act 1955; (230)
6. Courts-Martial (Royal Navy) (Amendment) Rules 2002, laid under the Naval Discipline Act 1957; (231)
7. Education (Mandatory Awards) Regulations 2001 (Amendment) (No. 4) Regulations 2002, laid under the Education Act 1962; (232)
8. Police Act 1997 (Criminal Records) Regulations 2002, laid under the Police Act 1997; (233)
9. Medicines (Codification Amendments Etc.) Regulations 2002, laid under the European Communities Act 1972; (236)
10. Road Traffic (NHS Charges) Amendment Regulations 2002, laid under the Road Traffic (NHS Charges) Act 1999; (237)
11. Social Security (Contributions) (Amendment) Regulations 2002, laid under the Social Security Contributions and Benefits Act 1992. (238)
20. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Supreme Court Fees (Amendment) Order 2002, laid under the Supreme Court Act 1981; (222)
2. County Court Fees (Amendment) Order 2002, laid under the County Courts Act 1984. (223)
Private Business
21. London Local Authorities and Transport for London Bill [HL]—The following petitions praying to be heard against the bill were deposited:
Petition No. |
Petitioners |
Agent |
1. |
British Telecommunications plc |
Winckworth Sherwood |
2. |
The London Forum of Amenity and Civic
Societies
|
Mr Bernard Selwyn |
3. |
Southern Electric Power Distribution plc |
Winckworth Sherwood |
4. |
Anglian Water Services Limited |
Bircham Dyson Bell |
5. |
Cable and Wireless Communications |
Bircham Dyson Bell |
6. |
Colt Telecommunications |
Bircham Dyson Bell |
7. |
Easynet Limited, Easynet Telecommunications
Limited
|
Bircham Dyson Bell |
8. |
Fibernet Group Plc |
Bircham Dyson Bell |
9. |
Global Crossing (UK) Telecommunications
Limited
|
Bircham Dyson Bell |
10. |
London Power Networks plc, EPN Distribution
Limited
|
Bircham Dyson Bell |
11. |
MCI WorldCom Limited |
Bircham Dyson Bell |
12. |
The National Grid Company plc |
Bircham Dyson Bell |
13. |
ntl Limited |
Bircham Dyson Bell |
14. |
SEEBOARD Power Networks plc |
Bircham Dyson Bell |
15. |
Telewest Communications PLC |
Bircham Dyson Bell |
16. |
Thames Water Utilities Limited |
Bircham Dyson Bell |
17. |
Transco plc |
Bircham Dyson Bell |
18. |
Thus plc |
Bircham Dyson Bell |
19. |
Your Communications Limited |
Bircham Dyson Bell |
Public Business
22. Education Bill—A bill to make provision about education, training and childcare was brought from the Commons, read a first time and ordered to be printed. (HL Bill 51)
23. Education Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 51-EN)
24. Export Control 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.
25. Tax Credits Bill—A bill to make provision for tax credits; to amend the law about child benefit and guardian’s allowance; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 52)
26. Tax Credits Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 52-EN)
The House was adjourned during pleasure.
The House was resumed.
27. Industrial Training Levy (Construction Board) Order 2002—It was moved by the Lord Davies of Oldham, on behalf of the Baroness Ashton of Upholland, that the draft Order laid before the House on 17th January be approved; after debate, the motion was agreed to.
28. Industrial Training Levy (Engineering Construction Board) Order 2002—It was moved by the Lord Davies of Oldham, on behalf of the Baroness Ashton of Upholland, that the draft Order laid before the House on 17th January be approved; the motion was agreed to.
29. Export Control Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; an amendment was agreed to; the House was resumed after amendment 42.
The House was adjourned at eighteen minutes before midnight
to Monday next, half-past two o’clock.
MICHAEL DAVIES
Cler: Parliamentor:
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