HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Thursday 11th December 2003
The House met at eleven o’clock.
PRAYERS were read by the Lord Bishop of Salisbury.
Papers
1. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. Defence—Delivering Security in a Changing World: Government Proposals and Supporting Essays; (6041)
2. Crime—Criminal Statistics for 2002 for England and Wales; (6054)
3. Departmental Performance—Autumn Performance Report 2003 of United Kingdom Trade and Investment; (6077)
4. Contingent Liability—Minute from the Department of Health relating to Indemnity for a review of safety at New Cross Hospital Maternity Unit, Royal Wolverhampton Hospitals National Health Service Trust. (—)
2. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft European Communities (Definition of Treaties) (Common Electoral Principles) Order 2004, laid under the European Communities Act 1972, together with an Explanatory Memorandum;
2. Draft Solvent Emissions (England and Wales) Regulations 2004, laid under the Pollution Prevention and Control Act 1999, together with an Explanatory Memorandum.
3. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Extradition Act 2003 (Multiple Offences) Order 2003, laid under the Extradition Act 2003; (3150)
2. Commission for Social Care Inspection (Membership) Regulations 2003, laid under the Health and Social Care (Community Health and Standards) Act 2003; (3190)
3. Immigration and Asylum Act 1999 (Part V Exemption: Relevant Employers) Order 2003, laid under the Immigration and Asylum Act 1999; (3214)
4. Tax Credits (Claims and Notifications) (Amendment) Regulations 2003, laid under the Tax Credits Act 2002; (3240)
5. (i) Water Environment (Water Framework Directive) (England and Wales) Regulations 2003— (3242)
(ii) Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003— (3245)
laid under the European Communities Act 1972;
6. Financing of Maintained Schools (England) (No. 2) Regulations 2003, laid under the Schools Standard and Framework Act 1998. (3247)
4. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
(i) Naval and Marine Pay and Pensions (Hong Kong Locally Engaged Ratings Service Gratuities and Attributable Disablement and Death Awards) Order 2003—
(ii) Naval and Marine Pay and Pensions (Maltese Naval Locally Engaged Personnel Disablement Awards) Order 2003—
(iii) Naval and Marine Pay and Pensions (Pensions Increase) Order 2003—
(iv) Naval and Marine Pay and Pensions (Maltese Naval Locally Engaged Ratings’ Service Pensions Increase) Order 2003—
(v) Naval and Marine Pay and Pensions (Maltese Naval Locally Engaged Personnel Widows’ Attributable Pensions) Order 2003—
laid under the Naval and Marine Pay and Pensions Act 1865.
Public Business
5. Energy Bill [HL]—It was moved by the Lord Whitty that the bill be now read a second time; and a debate arising, the further debate was adjourned.
The House was adjourned during pleasure.
The House was resumed.
Judicial Business
6. Attorney General’s Reference No. 2 of 2001 (On Appeal from the Court of Appeal (Criminal Division))—It was moved by the Lord Bingham of Cornhill, That the 6th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Opinion of the Court of Appeal (Criminal Division) of 2 July 2001 be varied and that the two points of law on which Her Majesty’s Attorney General desired the opinion of that court be answered, so far as regards question 1, in accordance with the opinions expressed by the majority in this House, and so far as regards question 2, by the opinions expressed in this House; and that the costs of the respondent in the Court of Appeal and this House be paid out of Central Funds in accordance with section 36(5) of the Criminal Justice Act 1972, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments. [2003] UKHL 68
7. Regina v. Secretary of State for the Home Department (Respondent) ex parte Al-Hasan (FC) (Appellant) (England)—The appeal of Abdullah Muhammad Al-Hasan was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 22nd January next.
8. Regina v. Secretary of State for the Home Department (Respondent) ex parte Carroll (FC) (Appellant) (England)—The appeal of Michael Carroll was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 22nd January next.
9. Patterson (Respondent) v. Legal Services Commission (Petitioners)—The petition of the Legal Services Commission praying for leave to appeal was presented and referred to an Appeal Committee.
10. Polanski (Petitioner) v. Conde Nast Publications Limited (Respondents)—The petition of Roman Polanski praying for leave to appeal was presented and referred to an Appeal Committee.
11. Regina v. Goldstein (Petitioner)—The petition of Harry Chaim Goldstein praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee.
12. Regina v. Montila and others (Petitioners)—The petition of Steven William Montila, Kim Newbury (aka Kim Milton), Amanda Joan Turrell, Ian Simpson, Robert Daniel McArthur Rankin, Darren Robert Rankin, William Leonard Chidley, Warren Gervais Baseley and Anthony Leslie Newell praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee.
13. Regina v. H (Appellant) (2003) (On Appeal from the Court of Appeal (Criminal Division))—
14. Regina v. C (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—
The appeals were set down for hearing and referred to an Appellate Committee.
15. Family Housing Association (Appellants) v. Donnellan (FC) and another (Respondents) and another—The petition of the appellants was presented praying that the appeal be withdrawn on the terms agreed between the parties (the agents for the respondents consenting thereto); and it was ordered as prayed.
16. Appeal Committee—The 8th Report from the Appeal Committee was agreed to and the following Order was made—
Al-Ameri (Respondent) v. Royal Borough of Kensington and Chelsea (Appellants)—
Osmani (FC) (Respondent) v. London Borough of Harrow (Appellants)—
That the petition of Glasgow City Council that they might be heard or otherwise intervene in the said appeal be allowed.
The House was adjourned during pleasure.
The House was resumed.
Public Business
17. Queen’s Speech—The Queen’s answer to the Address of 4th December last was delivered by the Lord Chamberlain (Lord Luce) and read, as follows:
I have received with great satisfaction the dutiful and loyal expression of your thanks for the speech with which I opened the present Session of Parliament. I take note of your representations.
18. Smoking in Public Places (Wales) Bill [HL]—A bill to prohibit the smoking of tobacco by any person in Wales while in a public place was presented by the Baroness Finlay of Llandaff, read a first time and ordered to be printed. (HL Bill 12)
19. Business of the House—It was moved by the Lord President (Baroness Amos) that Standing Order 41 (Arrangement of the Order Paper) be dispensed with on Tuesday next to allow the Second Reading of the Justice (Northern Ireland) Bill to be taken after the motion standing in the name of the Baroness Miller of Hendon; the motion was agreed to.
20. Energy Bill—The debate on the motion for second reading was resumed; after further debate, the motion was agreed to and the bill was committed to a Grand Committee.
21. Hepatitis C—The Lord Morris of Manchester asked Her Majesty’s Government what developments there have been since they announced in August an ex gratia payment scheme for people infected with hepatitis C by contaminated National Health Service blood products; after debate, the question was answered by the Lord Warner.
The House was adjourned at twenty-eight minutes before eight o’clock
to Monday next, half-past two o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
