HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Wednesday 3rd December 2003
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Portsmouth.
1. Lord Bishop of Leicester—Timothy John Lord Bishop of Leicester was introduced between the Lord Bishop of Portsmouth and the Lord Bishop of Sheffield; and took and subscribed the oath pursuant to statute.
Judicial Business
2. Regina v. H (Appellant) (2003) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of H was presented and ordered to be prosecuted subject to the procedures applicable thereto.
3. Moy v. Pettman Smith (a firm) (Original Respondents and Cross-appellants) and another (Original Appellant and Cross-respondent)—The petition of the original appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 10th December next (the agents for the original respondents consenting thereto) was presented; and it was ordered as prayed.
Papers
4. Instrument withdrawn—The following instrument, laid before the House on 27th November 2003, was withdrawn:
Draft Conduct of Employment Agencies and Employment Businesses Regulations 2003.
5. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. Disability—Draft Disability Discrimination Bill, together with Explanatory Notes and a Draft Regulatory Impact Assessment; (6058)
2. Northern Ireland—Agreement between the United Kingdom and Ireland establishing the Independent Monitoring Commission, together with an Explanatory Memorandum; (6068)
3. Departmental Performance—Autumn Performance Report 2003 of the Department of Health. (6073)
6. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. (i) Draft Extradition Act 2003 (Police Powers: Code of Practice) Order 2003, together with an Explanatory Memorandum—
(ii) Draft Extradition Act 2003 (Part 3 Designation) Order 2003, together with an Explanatory Memorandum—
(iii) Draft Extradition Act 2003 (Designation of Part 2 Territories) Order 2003, together with an Explanatory Memorandum—
(iv) Draft Extradition Act 2003 (Designation of Part 1 Territories) Order 2003, together with an Explanatory Memorandum—
laid under the Extradition Act 2003;
2. Draft Conduct of Employment Agencies and Employment Businesses Regulations 2003, laid under the Employment Agencies Act 1973, together with an Explanatory Memorandum.
7. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. National Savings Bank (Amendment) Regulations 2003, laid under the National Savings Bank Act 1971; (2895)
2. Merchant Shipping (Working Time: Inland Waterways) Regulations 2003, laid under the European Communities Act 1972; (3049)
3. Council Tax and Non-Domestic Rating (Electronic Communications) (England) (No. 2) Order 2003, laid under the Electronic Communications Act 2000; (3052)
4. Wireless Telegraphy (Interception and Disclosure of Messages) (Designation) Regulations 2003, laid under the Wireless Telegraphy Act 1949; (3104)
5. (i) Extradition Act 2003 (Police Powers) Order 2003— (3106)
(ii) Extradition Act 2003 (Police Powers) (Northern Ireland) Order 2003— (3107)
(iii) Extradition Act 2003 (Part 1 Designated Authorities) Order 2003— (3109)
laid under the Extradition Act 2003;
6. Northern Ireland (Monitoring Commission etc.) Act 2003 (Immunities and Privileges) Order 2003, laid under the Northern Ireland (Monitoring Commission etc.) Act 2003.
8. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Report and Accounts for 2002-03 of the Sports Council for Wales, laid under the National Lottery etc. Act 1993;
2. Code of Practice on Police Use of Firearms and Less Lethal Weapons, laid under the Police Act 1996;
3. Report and Accounts for 2002 of the Special EU Programmes Body, laid under the British Irish Agreement Act 1999.
Public Business
9. Companies (Audit, Investigations and Community Enterprise) Bill [HL]—A bill to amend the law relating to company auditors and accounts and company investigations; to make provision for community interest companies; and for connected purposes was presented by the Lord Evans of Temple Guiting on behalf of the Lord Sainsbury of Turville, read a first time and ordered to be printed. (HL Bill 8)
10. Companies (Audit, Investigations and Community Enterprise) Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 8-EN)
11. Constitution Committee—It was moved by the Chairman of Committees that a Select Committee be appointed to examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of the constitution;
That, as proposed by the Committee of Selection, the following Lords be named of the Committee:
L. Acton
L. Elton
L. Fellowes
B. Gould of Potternewton
L. Holme of Cheltenham
B. Howells of St Davids |
L. Jauncey of Tullichettle
L. Lang of Monkton
L. MacGregor of Pulham Market
E. Mar and Kellie
L. Morgan
L. Norton of Louth (Chairman); |
That the Committee have power to appoint specialist advisers;
That the Committee have power to adjourn from place to place;
That the Committee have leave to report from time to time;
That the minutes of evidence taken before the Constitution Committee in the last session of Parliament be referred to the Committee;
That the minutes of evidence taken before the Committee from time to time shall, if the Committee think fit, be printed;
the motion was agreed to.
12. Delegated Powers and Regulatory Reform—It was moved by the Chairman of Committees that a Select Committee be appointed to report whether the provisions of any bill inappropriately delegate legislative power, or whether they subject the exercise of legislative power to an inappropriate degree of parliamentary scrutiny; to report on documents and draft orders laid before Parliament under the Regulatory Reform Act 2001; and to perform, in respect of such documents and orders and subordinate provisions orders laid under that Act, the functions performed in respect of other instruments by the Joint Committee on Statutory Instruments;
That, as proposed by the Committee of Selection, the following Lords be named of the Committee:
L. Brooke of Sutton Mandeville
B. Carnegy of Lour
L. Dahrendorf (Chairman)
L. Desai
L. Harrison |
L. Mayhew of Twysden
L. Temple-Morris
L. Tombs
L. Wigoder; |
That the Committee have power to adjourn from place to place within the United Kingdom;
That the Committee have power to appoint specialist advisers;
the motion was agreed to.
13. Liaison Committee—It was moved by the Chairman of Committees that a Select Committee be appointed to advise the House on the resources required for select committee work and to allocate resources between select committees; to review the select committee work of the House; to consider requests for ad hoc committees and report to the House with recommendations; to ensure effective co-ordination between the two Houses; and to consider the availability of Lords to serve on committees;
That, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee:
B. Amos (Lord President)
V. Colville of Culross
L. Craig of Radley
L. Geddes
B. Hayman |
L. Kimball
B. Pitkeathley
B. Scott of Needham Market
L. Strathclyde
B. Williams of Crosby; |
That the Committee have leave to report from time to time;
That the Committee have power to appoint specialist advisers;
the motion was agreed to.
14. Privileges—It was moved by the Chairman of Committees that a Committee for Privileges be appointed and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees and any four Lords of Appeal be named of the Committee:
B. Amos (Lord President)
L. Browne-Wilkinson
L. Carlisle of Bucklow
L. Cope of Berkeley
L. Craig of Radley
L. Graham of Edmonton
L. Grocott
L. Mackay of Clashfern |
L. Marsh
L. Merlyn-Rees
L. Roper
L. Strabolgi
L. Strathclyde
L. Trefgarne
B. Williams of Crosby; |
That the Committee have power to appoint sub-committees and that such sub-committees have power to appoint their own Chairman;
That the Committee have power to co-opt any Lord for the purposes of serving on any sub-committee;
the motion was agreed to.
15. Science and Technology—It was moved by the Chairman of Committees that a Select Committee be appointed to consider science and technology and that, as proposed by the Committee of Selection, the following Lords be named of the Select Committee:
B. Finlay of Llandaff
L. Lewis of Newnham
L. Mitchell
L. Oxburgh (Chairman)
L. Paul
B. Perry of Southwark
B. Platt of Writtle |
B. Sharp of Guildford
L. Soulsby of Swaffham Prior
L. Sutherland of Houndwood
L. Turnberg
B. Walmsley
L. Winston
L. Young of Graffham; |
That the Committee have power to appoint sub-committees and that the Committee have power to appoint the Chairmen of sub-committees;
That the Committee have power to co-opt any Lord for the purposes of serving on the Committee or any sub-committee;
That the Committee have leave to report from time to time;
That the Committee and any sub-committee have power to adjourn from place to place;
That the Committee and any sub-committee have power to appoint specialist advisers;
That the minutes of evidence taken before the Science and Technology Committee or any sub-committee in the last session of Parliament be referred to the Committee;
That the minutes of evidence taken before the Committee from time to time shall, if the Committee think fit, be printed;
the motion was agreed to.
16. The Queen’s Speech—The debate on the motion that an Humble Address be presented to Her Majesty was resumed and, after further debate, was again adjourned till tomorrow.
17. European Union Constitution (EUC Report)—It was moved by the Lord Grenfell that this House takes note of the Report of the European Union Committee on The Future of Europe: The Convention’s Draft Constitutional Treaty (41st Report, Session 2002-03, HL Paper 169); the motion was agreed to.
18. European Union Constitution—It was moved by the Lord Norton of Louth that this House takes note of the Report of the Select Committee on the Constitution on The Draft Constitutional Treaty for the European Union (9th Report, Session 2002-03, HL Paper 168); the motion was agreed to.
The House was adjourned at nine minutes before eleven o’clock
till tomorrow, eleven o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
