HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Thursday 4th December 2003
The House met at eleven o’clock.
PRAYERS were read by the Lord Bishop of Gloucester.
1. Leave of Absence—Leave of absence was granted to the Lord Chancellor for Tuesday 9th December.
Papers
2. Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:
Departmental Performance—Autumn Performance Report 2003 of the Cabinet Office; (6055)
3. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i) NHS Professionals Special Health Authority (Establishment and Constitution) Order 2003— (3059)
(ii) NHS Professionals Special Health Authority Regulations 2003— (3060)
laid under the National Health Act 1977;
2. Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2003, laid under the Local Government Finance Act 1988; (3081)
3. Local Education Authority (Behaviour Support Plans) (Exception) (England) Regulations 2003, laid under the Education Act 1996; (3082)
4. Statistics of Trade (Customs and Excise) (Amendment) Regulations 2003, laid under the European Communities Act 1972; (3131)
5. (i) Statute made by the University of Cambridge amending the Statutes of the University— (—)
(ii) Statute made by Trinity College, Cambridge amending the Statutes of the College— (—)
laid under the Universities of Oxford and Cambridge Act 1923.
4. Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:
Report for 2002-03 of Her Majesty’s Chief Inspector of Constabulary, laid under the Police Act 1996.
Private Business
5. Mersey Tunnels Bill—The bill was brought from the Commons; the declaration of the agent having been deposited pursuant to the resolution of 11th November, the bill was read a first time.
Public Business
6. 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.
The House was adjourned during pleasure.
The House was resumed.
Judicial Business
7. McDonnell (FC) (Appellant) v. Congregation of Christian Brothers Trustees (formerly Irish Christian Brothers) and others (Respondents)—It was moved by the Lord Bingham of Cornhill, That the 1st Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 31st October 2001 be affirmed and the appeal dismissed with costs; that the amounts thereof, if any, to be paid by the appellant and to be paid out of the Community Legal Service Fund be certified by the Clerk of the Parliaments in accordance with section 11 of the Access to Justice Act 1999; and that the costs of the appellant be taxed in accordance with the Access to Justice Act 1999. [2003] UKHL 63
8. Lagden (Respondent) v. O’Connor (Appellant)—It was moved by the Lord Nicholls of Birkenhead, That the 2nd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 1st May 2002, so far as appealed against, be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties. [2003] UKHL 64
9. Venables and others (Appellants) v. Hornby (Her Majesty’s Inspector of Taxes) (Respondent)—It was moved by the Lord Nicholls of Birkenhead, That the 3rd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 18th September 2002 be set aside and that the Order of Mr Justice Lawrence Collins of 14th June 2001 be restored and the decision and assessment and determination of the Special Commissioner of 13th November 2000 be discharged; that the respondent do pay to the appellants their costs in the High Court, the Court of Appeal and in this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the respondent do repay to the appellants with interest the sum of £13,500 that they paid to the respondent on 2nd April 2003 in respect of the respondent’s costs in the High Court and the Court of Appeal. [2003] UKHL 65
10. Marcic (Respondent) v. Thames Water Utilities Limited (Appellants)—It was moved by the Lord Nicholls of Birkenhead, That the 4th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 7th February 2002 be set aside save as to costs and that the Order of His Honour Judge Richard Havery QC of 14th May 2001 be restored save for the answer to preliminary issue 6, which should also be answered in the negative; that the existing costs orders in the courts below remain undisturbed and that the appellants do pay to the respondent his costs in this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties. [2003] UKHL 66
11. Lex Service plc (Appellants) v. Her Majesty’s Commissioners of Customs and Excise (Respondents)—It was moved by the Lord Nicholls of Birkenhead, That the 5th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 26th October 2001 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties. [2003] UKHL 67
12. Regina v. C (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of C was presented and ordered to be prosecuted subject to the procedures applicable thereto.
13. Teva Pharmaceutical Industries Limited and others (Respondents) v. Istituto Gentili SpA and others (Petitioners)—The petition of Istituto Gentili SpA and Merck & Co praying for leave to appeal was presented and referred to an Appeal Committee.
14. Bayoumi (Respondent) v. Women’s Total Abstinence Educational Union Limited (Respondents) and another (Petitioner)—The petition of James Edward Perkins praying for leave to appeal was presented and referred to an Appeal Committee.
15. Regina v. Bow Street Magistrates’ Court ex parte Government of the United States of America (Respondents) and Lemieux and another (Petitioners)—The petition of David Lemieux (aka Paul Carpenter) and Thomas O’Donnell (aka Tim Hayworth) praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Administration of Justice Act 1960, was presented and referred to an Appeal Committee. The first petitioner’s certificate of public funding was lodged.
16. Al-Ameri (Respondent) v. Royal Borough of Kensington and Chelsea (Appellants)—
17. Osmani (FC) (Respondent) v. London Borough of Harrow (Appellants)—
The petition of Glasgow City Council praying for leave to intervene in the said appeals was presented and referred to an Appeal Committee.
18. Beynon and Partners (Respondents) v. Her Majesty’s Commissioners of Customs and Excise (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee.
19. Appeal Committee—The following Orders were made pursuant to the 86th Report, Session 2002-03—
O (FC) (Petitioner) v. Crown Court at Harrow (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 18th December.
In re O (Petitioner) (application for a writ of Habeas Corpus)—That leave to appeal be given; and that the petition of appeal be lodged by 18th December.
20. Appeal Committee—The 6th Report from the Appeal Committee was agreed to and the following Order was made—
Deutsche Morgan Grenfell Group plc (Respondents) v. Her Majesty’s Commissioners of Inland Revenue 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.
21. Appeal Committee—The 7th Report from the Appeal Committee was agreed to and the following Orders were made—
Brotherton (Respondent) v. Aseguradora Colseguros SA and others (Petitioners)—That leave to appeal be refused; that the respondent be at liberty to apply for his 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. London Borough of Lewisham (Respondents) ex parte Bello (Petitioner)—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.
Bown (Petitioner) v. Secretary of State for Transport (Respondent)—That the respondent be invited to lodge objections by 18th December.
Ward (Respondent) v. Commissioner of Police for the Metropolis and others (Petitioners)—That the respondent be invited to lodge objections by 18th December.
Expo Fabrics (UK) Limited (Respondents) v. Naughty Clothing Company Limited (Petitioners)—That leave to appeal be refused.
S (FC) (by her mother and litigation friend) (Respondent) v. Chesterfield and North Derbyshire Royal Hospital NHS Trust (Petitioners)—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, and that the costs of the respondent be taxed in accordance with the Access to Justice Act 1999.
The House was adjourned during pleasure.
The House was resumed.
Public Business
22. Justice (Northern Ireland) Bill [HL]—A bill to amend Part 1 of the Justice (Northern Ireland) Act 2002; to make further provision concerning the public prosecution service established by that Act; to impose a new duty on certain criminal justice organisations in Northern Ireland in relation to human rights standards; to make provision consequential on the dissolution of the Juvenile Justice Board; to amend the law relating to bail in Northern Ireland; to provide for the transfer of certain prisoners from Northern Ireland to England and Wales; to amend section 103 of the Terrorism Act 2000; to provide for driving while disqualified to be an arrestable offence in Northern Ireland; to re-enact with amendments sections 79 to 81 of the Justice (Northern Ireland) Act 2002 and make further provision about court security officers in Northern Ireland; to enable barristers in Northern Ireland to enter into contracts for the provision of their services; and for connected purposes was presented by the Lord President (Baroness Amos), read a first time and ordered to be printed. (HL Bill 9)
23. Justice (Northern Ireland) Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 9-EN)
24. Administration and Works—It was moved by the Chairman of Committees that a Select Committee be appointed to consider administrative services, security, works and accommodation, within financial limits approved by the House Committee;
That, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee;
L. Cope of Berkeley
L. Craig of Radley
B. Darcy de Knayth
L. Dixon
L. Grocott
Bp. Guildford |
L. Kirkham
B. McFarlane of Llandaff
E. Mar and Kellie
L. Roper
L. Shaw of Northstead
B. Wilkins; |
That the Committee have leave to report from time to time;
the motion was agreed to.
25. Information—It was moved by the Chairman of Committees that a Select Committee be appointed to consider information and communications services, including the Library and the Parliamentary Archives, within financial limits approved by the House Committee;
That, as proposed by the Committee of Selection, the following Lords be named of the Committee;
L. Avebury
L. Baker of Dorking (Chairman)
L. Brougham and Vaux
L. Burnham
E. Erroll
B. Gale
B. Gardner of Parkes |
B. Goudie
L. Haskel
L. Mitchell
L. Rodger of Earlsferry
E. Sandwich
L. Smith of Clifton; |
That the Committee have leave to report from time to time;
the motion was agreed to.
26. Refreshment—It was moved by the Chairman of Committees that a Select Committee be appointed to advise on the refreshment services provided for the House, within financial limits approved by the House Committee;
That, as proposed by the Committee of Selection, the following Lords be named of the Committee;
L. Borrie
L. Burnham
B. Fookes (Chairman)
L. Grocott
B. Harris of Richmond
L. Palmer |
B. Pitkeathley
L. Redesdale
B. Rendell of Babergh
Ly. Saltoun of Abernethy
B. Strange
L. Wade of Chorlton; |
That the Committee have leave to report from time to time;
the motion was agreed to.
27. Works of Art—It was moved by the Chairman of Committees that a Select Committee be appointed to administer the House of Lords Works of Art Collection Fund; and to consider matters relating to works of art in the House of Lords, within financial limits approved by the House Committee;
That, as proposed by the Committee of Selection, the following Lords be named of the Committee;
L. Bernstein of Craigweil
V. Chandos
L. Cobbold
L. Crathorne (Chairman)
L. Eames
L. Luke |
L. Redesdale
L. Rees
L. Rees-Mogg
L. Tordoff
B. Trumpington
B. Warwick of Undercliffe; |
That the Committee have leave to report from time to time;
the motion was agreed to.
28. The Queen’s Speech—The debate was resumed on the motion that an Humble Address be presented to Her Majesty as follows—
“Most Gracious Sovereign,
We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament, but regret the decision of Your Majesty’s Government to abandon the search for cross-party consensus on constitutional reform and to launch unilateral proposals for changes to this House that could gravely weaken the House; and call on Your Majesty’s Government to respect the formal undertakings given to this House, to withdraw their current proposals and to undertake meaningful consultation with Parliament and the senior judiciary before proceeding with legislation”;
after further debate, the motion was agreed to and it was ordered that the Address be presented to Her Majesty by the Lord Chamberlain.
29. Gambling—A message was brought from the Commons that they concur with the resolution of this House of 1st December relating to a Joint Committee of both Houses on any draft Gambling Bill and that they have made the following Orders:
That, in accordance with the Order of the House of 10th July, as amended by the Order of 20th October, in the last Session of Parliament, a Select Committee of eight Members be appointed to join with a Committee appointed by the Lords, as the Joint Committee on the draft Gambling Bill, with the same terms of reference, powers and membership as in the last Session and that the proceedings of the Joint Committee on the draft Gambling Bill in the last Session of Parliament be referred to the Committee; and
That the Committee do meet with the Committee appointed by the Lords on Thursday 11th December at half-past Nine o’clock in Committee Room 5.
The House was adjourned at twenty-eight minutes before seven o’clock
to Monday next, half-past two o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
