HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Martis 7° Januarii 2003
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of St Albans.
1. Leave of Absence—It was ordered that leave of absence be granted to the Baroness Pike for the remainder of this Parliament.
Judicial Business
2. Department for Environment, Food and Rural Affairs (Appellants) v. ASDA Stores Limited and another (Respondents) (England)—The appeal of the Department for Environment, Food and Rural Affairs was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 18th February next (lodged 20th December).
3. Regina v. Secretary of State for the Home Department and another (Respondents) ex parte IH (FC) (Appellant) (England)—The appeal of IH was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 18th February next (lodged 20th December).
4. Eastwood and another (Appellants) v. Magnox Electric plc (Respondents) (England)—The appeal of George Brian Eastwood and John Roger Williams was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 18th February next (lodged 20th December).
5. Taylor (Her Majesty’s Inspector of Taxes) (Respondent) v. MEPC Holdings Limited (Appellants) (England)—The appeal of MEPC Holdings Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 18th February next (lodged 30th December).
6. RCO Support Services Limited (Appellants) v. Unison and others (Respondents) (England)—The appeal of RCO Support Services Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 18th February next (lodged 30th December).
7. In re B (minors) (2002) (FC) (England)—The appeal of the mother was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 18th February next (lodged 30th December).
8. Regina v. Police Complaints Authority (Respondents) ex parte Green (FC) (Appellant) (England)—The appeal of Anthony Lloyd Green was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 18th February next (lodged 30th December).
9. Simmons (Respondent) v. British Steel plc (Appellants) (Scotland)—The appeal of British Steel plc was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 18th February next.
10. Regina v. G and another (Appellants) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of G and R was presented and ordered to be prosecuted subject to the procedures applicable thereto (lodged 30th December).
11. Lambert (Respondent) v. Lambert (Petitioner)—The petition of Harry Paul Lambert praying for leave to appeal was presented and referred to an Appeal Committee (lodged 13th December).
12. Regina v. South Cambridgeshire District Council (Respondents) ex parte Kides (FC) (Petitioner)—The petition of Erine Kides praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 19th December).
13. Hendricks (Respondent) v. Commissioner of Police for the Metropolis (Petitioner)—The petition of the Commissioner of Police for the Metropolis praying for leave to appeal was presented and referred to an Appeal Committee (lodged 20th December).
14. Dugmore (Respondent) v. Swansea NHS Trust (Petitioners) and others—The petition of Swansea NHS Trust praying for leave to appeal was presented and referred to an Appeal Committee (lodged 20th December).
15. Times Newspapers Limited (Petitioners) v. Burstein (Respondent)—The petition of Times Newspapers Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 30th December).
16. Larvin (Petitioner) v. Phoenix Office Supplies Limited and others (Respondents)—The petition of Shaun Larvin praying for leave to appeal was presented and referred to an Appeal Committee (lodged 30th December).
17. Akumah (FC) (Petitioner) v. London Borough of Hackney (Respondents)—The petition of Marcel Akumah praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.
18. Regina v. Secretary of State for the Home Department (Respondent) ex parte Greenfield (FC) (Petitioner)—The petition of Richard Greenfield praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.
19. Kuwait Oil Tanker Company SAK and others (Respondents) v. UBS AG (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 19th December).
20. Tomlinson (Original Respondent and Cross-appellant) v. Congleton Borough Council and others (Original Appellants and Cross-respondents)—The appeal was set down for hearing and referred to an Appellate Committee.
21. Regina v. Drew (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The appeal was set down for hearing and referred to an Appellate Committee.
22. Barber (Appellant) v. Somerset County Council (Respondents)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 28th January (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 16th December).
23. Waters and others (Appellants) v. Welsh Development Agency (Respondents)—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 January (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 19th December).
24. Malory Enterprises Limited (a company incorporated under the laws of the British Virgin Islands) (Respondents) v. Cheshire Homes (UK) Limited (Appellants) and others and another (Respondent)—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 9th January (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 19th December).
25. 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 (Appellants) and others—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 18th February next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
Papers
26. 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:
1. International Maritime Organisation—Amendments to the Convention on the International Maritime Organisation; (20th December) (5727)
2. European Community—Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States and Egypt, together with an explanatory memorandum; (20th December) (5726)
3. Departmental Performance—Autumn Performance Report 2002 of the Department of Trade and Industry; (20th December) (5731)
4. Contingent Liability—Minute of Contingent Liability providing indemnity for members of the investigation panel into allegations of research fraud made against Dr David Jefferys; (31st December) (—)
5. Foreign Affairs—Government Response to the Eleventh Report of the House of Commons Foreign Affairs Committee, Session 2001-02, on Gibraltar; (7th January) (5714)
6. Marshall Aid—Report and Accounts for 2001-02 of the Marshall Aid Commemoration Commission. (7th January) (5667)
27. Statutory Instruments (Standing Order 71)—The following instruments, having been laid before the House on the dates shown, were ordered to lie on the Table:
|
Title, etc.
| S.I. No.
2002 | Date of
Laying |
Negative instruments | | |
(i) LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2002— | 3199 | 20th December |
(ii) Learning Together East Cleveland Education Action Zone (Extension) Order 2002— | 3090 | 20th December |
(iii) Camborne, Pool and Redruth Success Zone Education Action Zone (Extension) Order 2002— | 3085 | 20th December |
(iv) Peterlee Education Action Zone (Extension) Order 2002— | 3086 | 20th December |
(v) Easington and Seaham Education Action Zone (Extension) Order 2002— | 3087 | 20th December |
(vi) Dingle Granby Toxteth Education Action Zone (Extension) Order 2002— | 3088 | 20th December |
(vii) Sunderland Building Our Future Education Action Zone (Extension) Order 2002— | 3089 | 20th December |
(viii) Wolverhampton Education Action Zone (Extension) Order 2002— | 3091 | 20th December |
(ix) North Gillingham Education Action Zone (Extension) Order 2002— | 3092 | 20th December |
(x) Community Learning Partnership Barrow-in-Furness Education Action Zone (Extension) Order 2002— | 3093 | 20th December |
(xi) Leigh Park Education Action Zone (Extension) Order 2002— | 3094 | 20th December |
(xii) Ashington Education Action Zone (Extension) Order 2002— | 3095 | 20th December |
(xiii) Breaking the Cycle Bridgewater Education Action Zone (Extension) Order 2002— | 3096 | 20th December |
(xiv) Rainbow Education Action Zone in Stoke on Trent (Extension) Order 2002— | 3097 | 20th December |
(xv) Bolton Education Action Zone (Extension) Order 2002— | 3098 | 20th December |
(xvi) Coventry Millennium Education Action Zone (Extension) Order 2002— | 3099 | 20th December |
(xvii) Downham and Bellingham Education Action Zone (Extension) Order 2002— | 3100 | 20th December |
(xviii) Epicentre LEAP Ellesmere Port Cheshire Education Action Zone (Extension) Order 2002— | 3101 | 20th December |
(xix) Clacton and Harwich Education Action Zone (Extension) Order 2002— | 3102 | 20th December |
(xx) Challenge for Corby Education Action Zone (Extension) Order 2002— | 3103 | 20th December |
(xxi) Action for Learning Partnership, Bedford Education Action Zone (Extension) Order 2002— | 3104 | 20th December |
(xxii) Withernsea and Southern Holderness Rural Achievement Education Action Zone (Extension) Order 2002— | 3105 | 20th December |
(xxiii) Speke Garston Excellent Education Action Zone (Extension) Order 2002— | 3106 | 20th December |
(xxiv) South Bradford Community Learning Partnership Education Action Zone (Extension) Order 2002— | 3107 | 20th December |
(xxv) Wakefield Community Learning Partnership Education Action Zone (Extension) Order 2002— | 3109 | 20th December |
(xxvi) Gloucester Education Achievement Education Action Zone (Extension) Order 2002— | 3108 | 20th December |
laid under the School Standards and Framework Act 1998; | | |
(i) Beet Seed (England) Regulations 2002— | 3171 | 20th December |
(ii) Fodder Plant Seed (England) Regulations 2002— | 3172 | 20th December |
(iii) Oil and Fibre Plant Seed (England) Regulations 2002— | 3174 | 20th December |
(iv) Cereal Seed (England) Regulations 2002— | 3173 | 20th December |
(v) Seed (Registration, Licensing and Enforcement) (England) Regulations 2002— | 3176 | 20th December |
(vi) Vegetable Seed (England) Regulations 2002— | 3175 | 20th December |
laid under the Plant Varieties and Seeds Act 1964; | | |
Plant Varieties and Seeds Tribunal (Amendment) (England and Wales) Rules 2002, laid under the Plant Varieties Act 1997; | 3198 | 20th December |
Products of Animal Origin (Third Country Imports) (England) (Amendment) (No. 4) Regulations 2002, laid under the European Communities Act 1972; | 3206 | 20th December |
Education (Student Support) (No. 2) Regulations 2002, laid under the Teaching and Higher Education Act 1998; | 3200 | 20th December |
Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2002, laid under the Social Security Administration Act 1992; | 3116 | 23rd December |
Kava-kava in Food (England) Regulations 2002, laid under the Food Safety Act 1990; | 3169 | 23rd December |
Medicines for Human Use (Kava-kava) (Prohibition) Order 2002, laid under the Medicines Act 1968; | 3170 | 23rd December |
State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002, laid under the Social Security Contributions and Benefits Act 1992; | 3197 | 23rd December |
Protection of Animals (Anaesthetics) Amendment Order 2002, laid under the Protection of Animals (Anaesthetics) Act 1954; | 3215 | 23rd December |
(i) Nurses Agencies Regulations 2002— | 3212 | 23rd December |
(ii) Residential Family Centres Regulations 2002— | 3213 | 23rd December |
(iii) Domiciliary Care Agencies Regulations 2002— | 3214 | 23rd December |
(iv) National Care Standards Commission (Fees and Frequency of Inspections) Amendment (No. 3) Regulations 2002— | 3211 | 23rd December |
laid under the Care Standards Act 2000; | | |
Street Works (Records) (England) Regulations 2002, laid under the New Roads and Street Works Act 1991; | 3217 | 24th December |
Children and Family Court Advisory and Support Service (Miscellaneous Amendments) Order 2002, laid under the Criminal Justice and Court Services Act 2000; | 3220 | 24th December |
Civil Procedure (Amendment No. 2) Rules 2002, laid under the Civil Procedure Act 1997; | 3219 | 24th December |
Animal By-Products (Identification) (Amendment) (England) (No. 2) Regulations 2002, laid under the Food Safety Act 1990; | 3231 | 30th December |
Electricity (Connection Charges) (Amendment) Regulations 2002, laid under the Electricity Act 1989; | 3232 | 31st December |
Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002, laid under the Employment Rights Act 1996; | 3236 | 3rd January |
General Medical Council (Constitution) Order 2002, laid under the Medical Act 1983; | 3136 | 6th January |
General Dental Council (Constitution) Amendment Order 2002, laid under the Dentists Act 1984; | 3134 | 6th January |
Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002, laid under the Proceeds of Crime Act 2002. | 3133 | 6th January |
Instruments not subject to parliamentary proceedings | | |
Crown Office (Forms and Proclamations Rules) (Amendment) Order 2002, laid under the Crown Office Act 1877; | 3131 | 6th January |
Merchant Shipping (Confirmation of Legislation) (Bermuda) Order 2002, laid under the Merchant Shipping Act 1894. | 3132 | 6th January |
28. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft Education and Libraries (Northern Ireland) Order 2003, together with an Explanatory Memorandum;
2. Draft Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003, together with an Explanatory Memorandum;
3. Draft Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, together with an Explanatory Memorandum.
29. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
(i) Londonderry Port and Harbour (Variation of Pilotage Limits) Order (Northern Ireland) 2002; (—)
(ii) River Bann Navigation Order (Northern Ireland) 2002. (—)
laid under the Northern Ireland Act 2000.
30. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Report for 2001-02 of the Arts Council of Wales, laid under the National Lottery etc. Act 1993;
2. Report of a Call-Out Order for Members of the Reserve Forces, laid under the Reserve Forces Act 1996.
Public Business
31. Business of the House—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that Standing Order 41 (Arrangement of the Order Paper) be dispensed with on 14th January to allow the motion standing in the name of the Baroness Harris of Richmond to be taken before the motion standing in the name of the Lord Grenfell; the motion was agreed to.
32. Arms Control and Disarmament (Inspections) Bill [HL]—The House resolved itself into a Committee upon the bill; an amendment was moved and (by leave of the Committee) withdrawn; the House was resumed and the bill was reported without amendment.
33. Convention on the Future of Europe—It was moved by the Baroness Scotland of Asthal that this House takes note of the Convention on the Future of Europe; after debate, the motion was agreed to.
34. Convention on the Future of Europe (EUC Report)—It was moved by the Lord Grenfell that this House takes note of the Report of the European Union Committee on The Convention on the Future of Europe (30th Report, HL Paper 163, Session 2001-02) and the Minutes of evidence taken on 8th October (HL Paper 33); the motion was agreed to.
35. Industrial chemicals (EUC Report)—It was moved by the Lord Crickhowell that this House takes note of the Report of the European Union Committee on Reducing the Risk: Regulating Industrial Chemicals (13th Report, HL Paper 81, Session 2001-02); after debate, the motion was agreed to.
The House was adjourned at eleven o’clock
till tomorrow, half-past two o’clock.
MICHAEL DAVIES
Cler: Parliamentor: | 
