HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Mercurii 9° Julii 2003
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Newcastle.
1. Lord Bishop of Coventry—Colin James Lord Bishop of Coventry was introduced between the Lord Bishop of Chester and the Lord Bishop of Newcastle; and took and subscribed the oath pursuant to statute.
Judicial Business
2. Regina v. Ashworth Hospital Authority (Appellants) and another ex parte Brogan (Respondent)—It was ordered that the appeal of the Ashworth Hospital Authority be dismissed in accordance with Standing Order V, the appellants having failed to give security for costs by 8th July.
3. Appeal Committee—The 63rd Report from the Appeal Committee was agreed to and the following Order was made—
Regina v. London Underground Limited and others (Respondents) ex parte Prokopp (Petitioner)—That leave to appeal be refused; that the first 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.
Papers
4. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. Social Security—Report for 2002-03 on the Social Fund; (5807)
2. Education—21st Century Skills, Realising Our Potential: Government Proposals; (5810)
3. Finance—Treasury Minutes on the 16th, 17th and 18th Reports from the Committee of Public Accounts; (5823)
4. Prisons—Report for 2002-03 of the Prisons and Probation Ombudsman for England and Wales; (5851)
5. Double Taxation—Convention between the United Kingdom and South Africa for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital Gains. (5871)
5. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Unlicensed Medicinal Products for Human Use (Transmissible Spongiform Encephalopathies) (Safety) Regulations 2003, laid under the Consumer Protection Act 1987; (1680)
2. Rail Vehicle Accessibility (South West Trains Class 444 and Class 450 Vehicles) Exemption Order 2003, laid under the Disability Discrimination Act 1995. (1704)
6. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Report for 2002 on the Children Act, laid under that Act;
2. Sixth Report for 2002-03 of the Parliamentary Commissioner for Administration on Investigations Completed in the period November 2002 to June 2003, laid under the Parliamentary Commissioner Act 1967;
3. Report and Accounts for 2002-03 of Her Majesty’s Land Registry, laid under the Government Funds Trading Act 1973, together with the Report of the Comptroller and Auditor General;
4. Report and Accounts for 2002-03 of the Gaming Board for Great Britain, laid under the Gaming Act 1968;
5. (i) Amendment 8 to Air Publication 1269, The Royal Air Force Manual of Medical Management and Administration—
(ii) Amendment to the Fifth Edition of the Queen’s Regulations for the Royal Air Force—
laid under the Air Force (Constitution) Act 1917.
Select Committee Reports
7. Delegated Powers and Regulatory Reform—The following report from the Select Committee was made and ordered to be printed:
23rd Report, on the following bills:
Anti-social Behaviour Bill;
Human Fertilisation and Embryology (Deceased Fathers) Bill;
National Lottery (Funding of Endowments) Bill;
Dealing in Cultural Objects (Offences) Bill;
Water Bill [HL]—Government amendments for Committee (on Re-commitment) and for Third Reading;
Local Government Bill—Government amendments for Report Stage;
Criminal Justice Bill—Government Response and Government amendments for Committee Stage;
European Union (Accessions) Bill—Government Response. (HL Paper 144)
8. House Committee—The 4th Report from the Select Committee was made and ordered to be printed. (HL Paper 145)
9. House of Lords’ Annual Report—It was ordered that the Report for the year 2002-03, as authorised by the House Committee, be printed. (HL Paper 146)
10. House of Lords’ Business Plan—It was ordered that the House of Lords’ Business Plan for the period to 2006-07, as authorised by the House Committee, be printed. (HL Paper 147)
Public Business
11. Clerk of the Parliaments—On consideration of the letter from Sir John Michael Davies, KCB, announcing his retirement from the office of Clerk of the Parliaments, it was moved by the Lord President (Lord Williams of Mostyn) to resolve, That this House has received with sincere regret the announcement of the retirement of Sir John Michael Davies, KCB, from the office of Clerk of the Parliaments and thinks it right to record the just sense which it entertains of the zeal, ability, diligence, and integrity with which the said Sir John Michael Davies executed the important duties of his office; after debate, the motion was agreed to nemine dissentiente; it was ordered that the Lord Chancellor do communicate this resolution to the said Sir John Michael Davies, KCB.
12. Speakership of the House—It was moved by the Chairman of Committees that, as proposed by the Committee of Selection, the following Lords be named of the Select Committee to consider the future arrangements for the Speakership of the House in the light of the Government’s announcement that it is intended to reform the office of Lord Chancellor, and to make recommendations:
L. Alexander of Weedon
L. Ampthill
L. Carter
L. Desai
L. Freeman
B. Gould of Potternewton |
L. Lloyd of Berwick (Chairman)
L. Marsh
B. Miller of Chilthorne Domer
L. Tordoff
L. Trefgarne; |
That the Committee have power to appoint specialist advisers;
That the Committee have leave to report from time to time;
That the Reports of the Select Committee from time to time shall be printed, notwithstanding any adjournment of the House;
That the Committee shall report by the end of the session;
And that the Committee do meet on Tuesday 15th July at 11 a.m;
the motion was agreed to.
13. Railways and Transport Safety Bill—The bill was returned from the Commons on Tuesday 8th July with an amendment disagreed to but with an amendment in lieu thereof, and with the remaining amendments agreed to; the Commons amendment was printed pursuant to Standing Order 51(2). (HL Bill 93)
14. Health and Social Care (Community Health and Standards) Bill—A bill to amend the law about the National Health Service; to make provision about quality and standards in the provision of health and social care, including provision establishing the Commission for Healthcare Audit and Inspection and the Commission for Social Care Inspection; to amend the law about the recovery of NHS costs from persons making compensation payments; to provide for the replacement of the Welfare Food Schemes; to make provision about appointments to health and social care bodies; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 94)
15. Health and Social Care (Community Health and Standards) Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 94-EN)
16. Licensing Bill [HL]—The bill was returned from the Commons with the amendments agreed to.
17. Sunday Working (Scotland) Bill—The bill was read a third time and passed.
18. Aviation (Offences) Bill—The bill was read a third time and passed.
19. Water Bill [HL]—The House resolved itself into a Committee (on re-commitment) upon the bill in respect of fluoridation; an amendment was moved and (by leave of the Committee) withdrawn; an amendment was disagreed to (see division list 1); an amendment was negatived; amendments were agreed to; the bill was reported with amendments.
20. Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003—It was moved by the Lord Evans of Temple Guiting that the draft Order laid before the House on 24th June be approved; after debate, the motion was agreed to.
21. Taxation (Information) Bill [HL]—It was moved by the Lord Saatchi that the bill be now read a second time; after debate, the motion was agreed to.
22. Water Bill [HL]—Standing Order 47 having been suspended, the report in respect of fluoridation was received; an amendment was moved and (by leave of the House) withdrawn; then the Queen’s and the Prince of Wales’ consents were signified; the bill was read a third time; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; an amendment was disagreed to (see division list 3); a privilege amendment was agreed to; then, after debate, the bill was passed and sent to the Commons.
The House was adjourned at five minutes past midnight
in the morning of Thursday 10th July till later the same day, eleven o’clock.
MICHAEL DAVIES
Cler: Parliamentor: | 
