HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Martis 23° Julii 2002
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Rochester.
Judicial Business
1. Regina v. City of Sunderland (Respondents) ex parte Beresford (FC) (Petitioner)—The petition of Pamela Beresford praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.
2. Reliance Water Controls Limited (Respondents) v. Altecnic Limited (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 22nd July).
3. Skidmore (Respondent) v. Dartford & Gravesham NHS Trust (Appellants)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 21st August next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
4. Jones (Appellant) v. 3M Healthcare Limited (Respondents) and three other actions—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 30th July (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 9th July).
5. Family Housing Association (Petitioners) v. Donnellan (FC) and another (Respondents) and another—The first respondent’s certificate of public funding was lodged.
6. Appeal Committee—The following Orders were made pursuant to the 92nd Report:
Regina v. London Borough of Bromley (Respondents) ex parte Barker (FC) (Petitioner)—That the petition be referred for hearing.
Shogun Finance Limited (Respondents) v. Hudson (FC) (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 6th August next.
7. Appeal Committee—The 107th Report from the Appeal Committee was agreed to and the following Orders were made—
Pollards Hill Housing Association (Petitioners) v. Marsh (Respondent)—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.
London Borough of Tower Hamlets and others (Petitioners) v. Sherwood and another (Respondents) and one other action—That leave to appeal be given; and that the petition of appeal be lodged by 6th August next.
Rowe (FC) (Petitioner) v. Sanders (sued as the petitioner’s trustee in bankruptcy) (Respondent)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and that the respondent be at liberty to apply for his costs in accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.
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—That leave to appeal be given; and that the petition of appeal be lodged by 6th August next.
Begum (Petitioner) v. London Borough of Tower Hamlets (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 6th August next.
Tomlinson (Respondent) v. Congleton Borough Council and others (Petitioners)—That leave to appeal be given; and that the petition of appeal be lodged by 6th August next.
Regina v. Her Majesty’s Attorney General (Petitioner) ex parte Rusbridger and another (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 6th August next.
Regina v. Bracknell Forest Borough Council (Respondents) and others ex parte McLellan (FC) (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 6th August next.
Papers
8. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. Art and Libraries—Report and Accounts for 2001-02 of the Historical Manuscript Commission; (—)
2. Social Security—Report for 2001-02 on the Social Fund; (5492)
3. Judicial Statistics—Report for 2001 of the Lord Chancellor’s Department on Judicial Statistics; (5551)
4. Hong Kong—Report for the period January to June 2002 on Hong Kong; (5568)
5. Industry—Government Response to the Third Report for Session 2001-02 of the House of Commons Select Committee on Trade and Industry on Manufacturing Strategy; (5578)
6. Animals—Statistics for 2001 of Scientific Procedures on Living Animals. (5581)
9. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Education Maintenance Allowance (Pilot Areas) (Amendment) Regulations 2002, laid under the Education Act 1996; (1841)
2. Income-Related Benefits (Subsidy to Authorities) Amendment Order 2002, laid under the Social Security Administration Act 1992; (1859)
3. Hemp (Third Country Imports) (Amendment) Regulations 2002, laid under the European Communities Act 1972; (1924)
4. Agricultural Holdings (Units of Production) (England) Order 2002, laid under the Agricultural Holdings Act 1986. (1925)
10. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Report for 2000-01 on Smallholdings in England, laid under the Agriculture Act 1970;
2. Accounts for 2000-01 of Greenwich Hospital and Travers Foundation, laid under the Armed Forces Act 1976;
3. Statement by the Secretary of State for Culture, Media and Sport on the appointment of Duncan Lewis to the Board of the British Library, laid under the British Library Act 1972;
4. Accounts for 2001-02 of Additional Payments and Financial Penalties by Licensees to the Independent Television Commission, together with the Report of the Comptroller and Auditor General, laid under the Broadcasting Act 1990;
5. Report and Accounts for 2001-02 of the Coal Authority, laid under the Coal Industry Act 1994;
6. Report for 2001-02 by the Department of Trade and Industry on Companies, laid under the Companies Act 1985;
7. Report for 2001-02 of the Criminal Cases Review Commission, laid under the Criminal Appeal Act 1995;
8. Report and Accounts for 2000-01 of the Defence Geographic and Imagery Intelligence Agency, laid under the Exchequer and Audit Departments Act 1921;
9. (i) Report and Accounts for 2001-02 of Companies House—
(ii) Report and Accounts for 2001-02 of the Driving Standards Agency—
(iii) Report and Accounts for 2001-02 of the Fire Service College—
(iv) Report and Accounts for 2001-02 of Her Majesty’s Land Registry—
(v) Report and Accounts for 2001-02 of the Medicines Control Agency—
together with Reports of the Comptroller and Auditor General, laid under the Government Trading Funds Act 1973;
10. Report and Accounts for 2001-02 of the Housing Corporation, laid under the Housing Association Act 1985;
11. Report and Accounts for 2001-02 of the Office of the Immigration Service Commissioner, together with the Report of the Comptroller and Auditor General, laid under the Immigration and Asylum Act 1999;
12. Report and Accounts for 2001-02 of the Local Government Commission for England, laid under the Local Government Act 1992;
13. Report for 2001 of the Medicines Act Advisory Bodies, laid under the Medicines Act 1968;
14. Accounts for 2001-02 of the National Portrait Gallery, together with the Report of the Comptroller and Auditor General, laid under the Museums and Galleries Act 1992;
15. Report and Accounts for 2001-02 of English Heritage, laid under the National Heritage Act 1983;
16. Lottery Distribution Accounts for 2001-02 of the Arts Council of Wales, together with the Report of the Comptroller and Auditor General, laid under the National Lottery etc. Act 1993;
17. (i) Lottery Distribution Accounts for 2001-02 of the Sports Council for Wales, together with the Report of the Comptroller and Auditor General—
(ii) Lottery Strategy for 2002-05 of UK Sport—
laid under the National Lottery Act 1998;
18. Report for the period 6th November 2000 to 31st March 2002 of the Police Ombudsman for Northern Ireland, laid under the Police (Northern Ireland) Act 1998;
19. Report and Accounts for 2001-02 of the Northern Ireland Prison Service, laid under the Prison Act (Northern Ireland) 1953;
20. Accounts for 2001-02 of the Public Lending Right Central Fund, together with the Report of the Comptroller and Auditor General, laid under the Public Lending Right Act 1979;
21. Report and Accounts for 2001-02 of Postwatch, laid under the Postal Services Act 2000;
22. Accounts for 2001-02 of the National Radiological Protection Board, together with the Report of the Comptroller and Auditor General, laid under the Radiological Protection Act 1970;
23. (i) Report and Accounts for 2001-02 of the Medical Research Council—
(ii) Report and Accounts for 2001-02 of the Particle Physics and Astronomy Research Council—
laid under the Science and Technology Act 1965;
24. Accounts for 2000-01 of the National Insurance Fund, together with the Report of the Comptroller and Auditor General, laid under the Social Security Administration Act 1992.
Select Committee Reports
11. Statutory Instruments—The 37th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:
Draft European Communities (Definition of Treaties) (Stabilisation and Association Agreement between the European Communities and their Member States, and the Republic of Croatia) Order 2002;
Draft European Communities (Definition of Treaties) (Stabilisation and Association Agreement between the European Communities and their Member States, and the Former Yugoslav Republic of Macedonia) Order 2002;
Draft Northern Ireland Act 1998 (Modification of Enactments) Order 2002;
it was ordered that the Report be printed. (HL Paper 161)
12. European Union—The following Reports from the Select Committee were made and ordered to be printed, together with the Minutes of Evidence:
Combating racism and xenophobia—Defining criminal offences in the EU; (29th Report-HL Paper 162);
The Convention on the Future of Europe; (30th Report-HL Paper 163)
Evidence by the Minister of State, Foreign and Commonwealth Office on the Seville European Council; (31st Report-HL Paper 164)
Review of the EC Merger Regulation; (32nd Report-HL Paper 165)
Packaging and Packaging Waste: Revised Recovery and Recycling Targets; (33rd Report-HL Paper 166)
Environmental Liability. (34th Report-HL Paper 167)
Public Business
13. Public Services (Disruption) Bill [HL]—The bill was read a third time and passed and sent to the Commons.
14. Export Control Bill—The Commons reasons and amendments were considered; a Lords amendment was not insisted on and amendments in lieu thereof were agreed to; a Commons amendment to a Lords amendment was agreed to; an amendment to a Commons amendment was disagreed to (see division list 1), and the Commons amendment to a Lords amendment was agreed to; the remaining Lords amendments were not insisted on; then the bill was returned to the Commons with amendments.
15. Education Bill—The Commons amendments were considered; a Lords amendment was insisted on and a Commons amendment in lieu thereof was disagreed to (see division list 2); a further Lords amendment was insisted on and Commons amendments in lieu thereof were disagreed to; a Committee was appointed to propose a reason for such insistence and disagreements.
The Lords following were named of the Committee:
The Committee reported that they had proposed the following reason:
“Because the provisions on the formation of companies are not good practice and have not been thought through.”
The Report was agreed to; an amendment to an amendment in lieu of a Commons amendment in lieu of a Lords amendment was agreed to (see division list 3); further amendments to the Commons amendment in lieu were agreed to; then the Lords amendment was not insisted on and the Commons amendment in lieu was agreed to; a Lords amendment was not insisted on and a Commons amendment in lieu thereof was agreed to; an amendment to a Commons amendment to words restored to the bill by the Commons disagreement to a Lords amendment was moved and (by leave of the House) withdrawn; then the Lords amendment was not insisted on and the Commons amendments to words restored to the bill and a Commons consequential amendment were agreed to; the remaining Lords amendment was not insisted on; then the bill was returned to the Commons with amendments and reasons.
16. Nationality, Immigration and Asylum Bill—The House again resolved itself into a Committee upon the bill; an amendment was moved and (by leave of the Committee) withdrawn; the House was resumed.
17. Women of World War Two—The Baroness Boothroyd asked Her Majesty’s Government whether, in recognising the contribution made by women during the Second World War, they support the proposal for a national memorial to the Women of World War Two; after debate, the question was answered by the Baroness Blackstone.
18. Nationality, Immigration and Asylum Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed after amendment 199A.
The House was adjourned at twenty-seven minutes past one o’clock
in the morning of Wednesday 24th July
till later the same day, half-past two o’clock in the afternoon.
MICHAEL DAVIES
Cler: Parliamentor: |
