HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Jovis 28° Februarii 2002
The House met at two oclock.
PRAYERS were read by the Lord Bishop of Hereford.
Judicial Business
1. King (AP) (Respondent) v. Bristow Helicopters Limited (Appellants) (Scotland)
2. In re M (a child by her litigation friend C M) (FC) (Appellant)
It was moved by the Lord Mackay of Clashfern, on behalf of the Lord Nicholls of Birkenhead, That the 39th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that That, in the appeal of King, the Interlocutors of the First Division of the Court of Session of 12th and 21st July 2000 be recalled save as to legal aid taxation and that the Interlocutor of the Lord Ordinary of 13th November 1998 be restored; that no expenses shall be due for or by either party in the Inner House of the Court of Session; and that the costs of the appellants before this House to be paid by the respondent as an assisted person and that they be modified to nil under the provisions of the Legal Aid (Scotland) Act 1986, such costs be paid out of the Scottish Legal Aid Fund in accordance with section 19 of that Act, such order to be suspended for 4 weeks to allow the Scottish Legal Aid Board to object if they wish; and that the costs of the respondent in this House be taxed in accordance with the Legal Aid (Scotland) Act 1986; that in the appeal of M, the Order of the Court of Appeal of 17th May 2001 be affirmed and the appeal dismissed; and that there be no order as to costs. [2001] UKHL 7
3. Regina v. East Sussex County Council (Appellants) ex parte Reprotech (Pebsham) Limited (Respondents) and one other action It was moved by the Lord Mackay of Clashfern, on behalf of the Lord Nicholls of Birkenhead, That the 40th 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 16th June 2000 and the Order of Mr Justice Tucker of 30th July be set aside and that the application for Judicial Review of 2nd August 1998 and the Originating Summons of 27th July 1998 be dismissed; and that the respondents do pay to the appellants their costs before Mr Justice Tucker, 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. [2001] UKHL 8
4. National Westminster Bank plc (Respondents) v. Amin (executrix of the estate of Mohammed Amin) and another (AP) (Appellant)It was moved by the Lord Hope of Craighead, on behalf of the Lord Nicholls of Birkenhead, That the 41st 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 9th December 1998 be set aside, save as to funded client taxation, and that the Order of Her Honour Judge Hindley of 24th March 1998 be restored; that the case be remitted to the County Court for trial; and that the respondents do pay to the appellant her costs before Her Honour Judge Hindley, 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. [2001] UKHL 9
The House was adjourned during pleasure.
The House was resumed.
Papers
5. Command PapersThe following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. ExportsReport for 2000-01 of the Reviewing Committee on the Export of Works of Art; (5311)
2. Salary Review BodiesReport by the Review Body on Senior Salaries, including a fundamental review of the Judicial Salary Structure; (5389)
3. Economic ReformRealising Europes Potential: Economic Reform in Europe: Government proposals; (5438)
(i) Resource Accounts for 2000-01 for the Cabinet Office; (5443)
(ii) Consolidated Resource Accounts for 2000-01 for the Home Office; (5444)
(iii) Resource Accounts for 2000-01 for the Northern Ireland Office; (5445)
(iv) Financial Statement for 2000-01 for the Security and Intelligence Agencies; (5446)
(v) Resource Accounts for 2000-01 for the Ministry of Agriculture, Fisheries and Food. (5447)
6. Affirmative InstrumentsThe following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft Electricity and Gas (Determination of Turnover for Penalties) Order 2002;
2. Draft Social Security Administration Act 1992 (Amendment) Order 2002.
7. Negative InstrumentsThe following instruments were laid before the House and ordered to lie on the Table:
1. Statute made by St Hildas College, Oxford, on 22nd October 2001, laid under the Universities of Oxford and Cambridge Act 1923; ()
2. (i) Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Milton Keynes) Order 2002 (421)
(ii) Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Poole) Order 2002 (422)
laid under the Road Traffic Act 1991.
8. Papers not subject to parliamentary proceedingsThe following papers were laid before the House and ordered to lie on the Table:
1. Accounts for 2000-01 of the Corby Education Action Zone, together with the report of the Comptroller and Auditor General, laid under the School Standards and Framework Act 1998;
2. Statement on behalf of the Secretary of State for Culture, Media and Sport on the Appointment of Kumar Muthalagappan as a Member of the British Tourist Authority, laid under the Development of Tourism Act 1969.
Public Business
9. Proceeds of Crime BillA bill to establish the Assets Recovery Agency and make provision about the appointment of its Director and his functions (including Revenue functions), to provide for confiscation orders in relation to persons who benefit from criminal conduct and for restraint orders to prohibit dealing with property, to allow the recovery of property which is or represents property obtained through unlawful conduct or which is intended to be used in unlawful conduct, to make provision about money laundering, to make provision about investigations relating to benefit from criminal conduct or to property which is or represents property obtained through unlawful conduct or to money laundering, to make provision to give effect to overseas requests and orders made where property is found or believed to be obtained through criminal conduct, and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 57)
10. Proceeds of Crime BillIt was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 57-EN)
11. Police Reform Bill [HL]The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed.
12. Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2002It was moved by the Lord Falconer of Thoroton that the draft Regulations laid before the House on 7th February be approved; after debate, the motion was agreed to.
13. Deregulation (Bingo and Other Gaming) Order 2002It was moved by the Baroness Blackstone that the draft Deregulation Order laid before the House on 28th January be approved; after debate, the motion was agreed to.
14. Deregulation (Restaurant Licensing Hours) Order 2002It was moved by the Baroness Blackstone that the draft Deregulation Order laid before the House on 24th January be approved; after debate, the motion was agreed to.
The House was adjourned during pleasure.
The House was resumed.
15. Police Reform Bill [HL]The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed after amendment 34.
The House was adjourned at two minutes before eleven oclock
till tomorrow, eleven oclock.
MICHAEL DAVIES
Cler: Parliamentor: |