HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Lunae 11° Februarii 2002
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of St. Edmundsbury and Ipswich.
Judicial Business
1. In re Families Need Fathers Limited (Respondents)—The petition of Michael John Pelling 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 20th August last).
2. In re Kanaris (Respondent) (application for a writ of Habeas Corpus)—The petition of the Crown Prosecution Service praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.
3. Transco plc (formerly BG plc and BG Transco plc) (Appellants) v. Stockport Metropolitan Borough Council (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee.
4. Malekshad (Respondent) v. Howard de Walden Estates Limited (Appellants)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.
5. Appeal Committee—The 55th 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—
London Borough of Lambeth (Petitioners) v. Blackburn (FC) (Respondent)—That leave to appeal be refused; that the petitioners do pay to the respondent the costs of the petition and that the costs of the respondent be taxed in accordance with the Access to Justice Act 1999, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.
D’Souza (Petitioner) v. London Borough of Lambeth (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 25th February next.
Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire (Petitioners) v. Wallbank and another (Respondents)—That leave to appeal be given on terms that the petitioners do bear their own costs in this House in any event; and that the petition of appeal be lodged by 25th February next.
6. Appeal Committee—The 56th Report from the Appeal Committee was agreed to and the following Orders were made—
Pearce (Petitioner) v. Governing Body of Mayfield School (Respondents)—That the respondents be invited to lodge objections by 25th February.
Regina v. Drury and another (Petitioners) and another—That leave to appeal be refused.
Regina v. Drury and another and another (Petitioner)—That leave to appeal be refused.
Tyagi (Petitioner) v. BBC World Service (Respondents)—That the respondents be invited to lodge objections by 25th February.
Regina v. Kingston (Petitioner)—That leave to appeal be refused.
Berkeley Leisure Group Limited (Respondents) v. Hampton (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.
Lex Service plc (Petitioners) v. Commissioners of Customs and Excise (Respondents)—That the respondents be invited to lodge objections by 25th February.
In re Families Need Fathers Limited (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.
7. Appeal Committee—The 57th Report from the Appeal Committee was agreed to and the following Order was made—
Kuwait Airways Corporation (Appellants) v. Iraqi Airways Company (Body Corporate) and others (Respondents)—That the petition praying that the determination by the Clerk of the Parliaments of the respondents’ costs might be reviewed be referred for hearing.
8. Appeal Committee—The 58th Report from the Appeal Committee was agreed to and the following Order was made—
Designers Guild Limited (Appellants) v. Russell Williams (Textiles) Limited (trading as Washington DC) (Respondents)—That the petition praying that the determination by the Clerk of the Parliaments of the appellants’ costs might be reviewed be allowed, and that the said report be printed.
Papers
9. Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:
Contingent Liabilities—Departmental minute in respect of the Strategic Rail Authority: Chiltern Rail Franchise. (—)
10. Statutory Instruments (Standing Order 70)—The following negative instruments, having been laid before the House on 8th February, were ordered to lie on the Table:
1. (i) Broomfield Agricultural College (Dissolution) Order 2002— (243)
(ii) Mackworth College (Dissolution) Order 2002— (244)
(iii) Derby Tertiary College-Wilmorton (Dissolution) Order 2002— (245)
(iv) East Yorkshire College of Further Education, Bridlington (Dissolution) Order 2002— (246)
laid under the Further and Higher Education Act 1992;
2. (i) Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 2002— (208)
(ii) Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 2002— (225)
laid under the Social Security Contributions and Benefits Act 1992;
3. Road Vehicles (Construction and Use) (Amendment) Regulations 2002, laid under the Road Traffic Act 1988; (227)
4. Patents and Plant Variety Rights (Compulsory Licensing) Regulations 2002, laid under the European Communities Act 1972. (247)
11. Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:
Road Traffic (Permitted Parking Area and Special Parking Area) (County of Cumbria) (District of South Lakeland) Order 2002, laid under the Road Traffic Act 1991. (276)
12. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Report for July 2001-January 2002 of the Parliamentary Commissioner for Administration on Access to Official Information, laid under the Parliamentary Commissioner Act 1967;
2. Report and Accounts for 2000-01 of the British Museum, together with the Report of the Comptroller and Auditor General, laid under the Museums and Galleries Act 1992;
3. Report and Accounts for 2000-01 of the Electoral Commission, together with the Report of the Comptroller and Auditor General, laid under the Political Parties, Elections and Referendums Act 2000.
Public Business
13. Second Parliamentary Chamber for Europe (EUC Report)—It was moved by the Lord Brabazon of Tara that this House takes note of the Report of the European Union Committee on A Second Parliamentary Chamber for Europe: An unreal solution to some real problems (7th Report, HL Paper 48); after debate, the motion was agreed to.
14. Airspace in Europe (EUC Reports)—It was moved by the Lord Brooke of Alverthorpe that this House takes note of the Reports of the European Union Committee on Reducing Air Traffic Delays: Civil and Military Management of Airspace in Europe (14th Report, Session 2000-01, HL Paper 79, and Supplementary Report: 9th Report, Session 2001-02, HL Paper 63); after debate, the motion was agreed to.
15. Healthcare for ethnic minorities—The Baroness Uddin asked Her Majesty’s Government what assessment they have made of the effect of the policies outlined in the NHS Plan (Cm 4818) on healthcare for ethnic minority communities; after debate, the question was answered by the Lord Hunt of Kings Heath.
The House was adjourned at twenty-four minutes before ten o’clock
till tomorrow, half-past two o’clock.
MICHAEL DAVIES
Cler: Parliamentor:
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