HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Lunae 25° Martii 2002
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Gloucester.
1. Oath—Kenneth John Lord Cameron of Lochbroom took and subscribed the oath pursuant to statute.
Judicial Business
2. Magill (Appellant) v. Porter (Respondent)—
3. Magill (Appellant) v. Weeks (Respondent)—
Further to the 28th Report from the Appellate Committee on 13th December 2001, it was ordered that—
(1) the orders as to costs of the Divisional Court of 19th December 1997 (as amended) be restored in relation to each of the respondents, on a standard basis;
(2) the respondents be jointly and severally liable for the appellant’s costs in the Court of Appeal and before this House, on a standard basis, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties;
(3) there be no order as to the payment of costs to the Westminster City Council in relation to the appellant’s appeal before this House;
(4) there be no order for payment by the Westminster City Council of the appellant’s expenses in the Court of Appeal or before this House.
4. Regina v. Crown Court at Manchester (Respondents) ex parte McCann (FC) and others (FC) (by their mother and litigation friend Margaret McCann) (Petitioners)—The petition of Sean McCann, Joseph McCann and Michael McCann praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners’ certificates of public funding were lodged (lodged 15th November last).
5. Montrod Limited (Petitioners) v. Grundkotter Fleischvertriebs GmbH and others (Respondents)—The petition of Montrod Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 17th January).
6. Buchler and another (as joint liquidators of Leyland Daf Limited) (Respondents) v. Talbot and another (as joint administrative receivers of Leyland Daf Limited) and others (Petitioners) and others—The petition of Stichting Ofasec praying for leave to appeal was presented and referred to an Appeal Committee (lodged 22nd March).
7. Lowe (Respondent) v. Guise (Petitioner)—The petition of Doris Guise praying for leave to appeal was presented and referred to an Appeal Committee.
8. Callery (Respondent) v. Gray (Appellant)—The appeal was set down for hearing and referred to an Appellate Committee.
9. Regina v. H (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The appeal was set down for hearing and referred to an Appellate Committee.
10. Lex Service plc (Appellants) v. Commissioners of Customs and Excise (Respondents)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.
11. Appeal Committee—The 71st Report from the Appeal Committee was agreed to and the following Orders were made—
Lloyds TSB General Insurance Holdings Limited and others (Respondents) v. Lloyds Bank Group Insurance Company Limited (Petitioners) and one other action—That the respondents be invited to lodge objections by 8th April next.
Burman (Respondent) v. Mount Cook Land Limited (Petitioners)—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.
Lloyd and others (Respondents) v. Dugdale (Petitioner) 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.
Lord Chancellor and others (Respondents) v. Coker and another (Petitioners)—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.
Reliance Water Controls Limited (Respondents) v. Altecnic Limited (Petitioners)—That the respondents be invited to lodge objections by 8th April next.
Mulkerrins (formerly Woodward) (FC) (Petitioner) v. Pricewaterhouse Coopers (a firm) (formerly trading as Coopers & Lybrand (a firm)) (Respondents)—That the respondents be invited to lodge objections by 8th April next.
Wainwright (Petitioner) v. Richmond Upon Thames London Borough Council (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.
Regina v. Secretary of State for Health (Respondent) ex parte British Association of European Pharmaceutical Distributors (formerly Association of Pharmaceutical Importers) and others (Petitioners) and others—That the respondent be invited to lodge objections by 8th April next.
12. Appeal Committee—The 72nd Report from the Appeal Committee was agreed to and the following Order was made—
Cullen (Appellant) v. Chief Constable of the Royal Ulster Constabulary (Respondent) (Northern Ireland)—That the appeal be restored (the appellant having lodged security for costs in accordance with Standing Order V) and that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 6th May next.
Papers
13. Instrument withdrawn—The following instrument, laid before the House on 20th March, was withdrawn on 25th March:
Draft Criminal Defence Service (Representation Order Appeals) (Amendment) Regulations 2002.
14. Command Papers—The following papers, having been presented to the House by command of Her Majesty on the dates shown, were ordered to lie on the Table:
(i) Departmental minute by the Department of Health in respect of the handling of allegations about the conduct of William Kerr and Michael Haslam; (22nd March) (—)
(ii) Departmental minute by the Department of Health in respect of the external review of the handling of retained organs at Birmingham Children’s Hospital; (22nd March) (—)
2. Isle of Man—Exchange of Notes between the United Kingdom and the Netherlands extending the European Convention on mutual assistance in criminal matters 1959; (22nd March) (5478)
3. Customs and Excise—Report for 2000-01 of the HM Customs and Excise; (25th March) (5309)
4. Fire Services—Report for 2000-01 of the Chief Inspector of Fire Services for England and Wales; (25th March) (5466)
5. Sport—Government response to the 2nd Report of the House of Commons Culture Media and Sport Select Committee, Session 2001-02, on Swimming. (25th March) (5480)
15. Statutory Instruments (Standing Order 70)—The following negative instruments, having been laid before the House on 22nd March, were ordered to lie on the Table:
1. (i) Police Service of Northern Ireland Pensions Regulations 2002— (—)
(ii) Police Service of Northern Ireland Reserve (Full-time) Pensions Regulations 2002— (—)
laid under the Police (Northern Ireland) Act 1998;
2. (i) Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) Regulations 2002— (773)
(ii) Food (Peanuts from China) (Emergency Control) (England) Regulations 2002— (774)
laid under the European Communities Act 1972;
3. Disability Discrimination Code of Practice (Goods, Facilities, Services and Premises) Revocation Order 2002, laid under the Disability Discrimination Act 1995. (721)
16. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Hemp (Third Country Imports) Regulations 2002, laid under the European Communities Act 1972; (787)
2. Declarations of Parentage (Allocation of Proceedings) Order (Northern Ireland) 2002, laid under the Children (Northern Ireland) Order 1995; (—)
3. Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002, laid under the Protection of Children Act 1999. (816)
17. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Return of expenditure incurred and prosecutions taken under the Animal Health Act 1981, and incidences of disease in imported animals for the year 2001, laid under the Animal Health Act 1981;
2. Product Accounts for 2000-01 of the National Savings, laid under the Exchequer and Audit Departments Act 1921;
3. Corporate Plan for 2002-03—2003-04 of the Legal Services Commission, laid under the Access to Justice Act 1999;
4. Report for 2001 of the Law Commission, laid under the Law Commissions Act 1965;
5. (i) Accounts for 2001 of the Leigh Park Education Action Zone—
(ii) Accounts for 2001 of the Hastings and St Leonards Education Action Zone—
laid under the School Standards and Framework Act 1998;
6. Report and Accounts for 2001 of the Apple and Pear Research Council, laid under the Industrial Organisation and Development Act 1947;
7. Corporate Plan for 2002-03—2006-07 of the Electoral Commission, laid under the Political Parties, Elections and Referendums Act 2000.
Public Business
18. Police Reform Bill [HL]—It was moved by the Lord Rooker that the amendments for the Report stage be marshalled and considered in the following order:
Clauses 1 to 8
Schedule 1
Clause 9
Schedule 2
Clauses 10 to 13
Schedule 3
Clauses 14 to 34
Schedule 4 |
Clauses 35 and 36
Schedule 5
Clauses 37 to 43
Schedule 6
Clauses 44 to 90
Schedules 7 and 8
Clause 91; |
the motion was agreed to.
19. Proceeds of Crime Bill—It was moved by the Lord Rooker that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Committee of the Whole House.
20. Afghanistan—It was moved by the Baroness Symons of Vernham Dean that this House takes note of developments in Afghanistan and the fight against global terrorism; after debate, the motion was agreed to.
21. Autism—The Baroness Uddin asked Her Majesty’s Government how they will respond to the call for 2002 to be declared Autism Awareness Year; after debate, the question was answered by the Lord Hunt of Kings Heath.
The House was adjourned at twenty-eight minutes before one o’clock
in the morning of Tuesday 26th March
till later the same day, half-past two o’clock in the afternoon.
MICHAEL DAVIES
Cler: Parliamentor:
APPENDIX
PROCEEDINGS OF THE GRAND COMMITTEE (IN COMMITTEE ROOM 4)
The Committee met at half-past three o’clock.
Employment Bill—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after amendment 166.
The Committee was adjourned at twenty-six minutes before eight o’clock. | 
