HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Wednesday 17th December 2003
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of St Albans.
1. Leave of Absence—Leave of absence was granted to the Lord Chancellor for Thursday 18th December.
2. Royal Assent—The Lord Chancellor notified the Queen’s Assent to the following Act:
| Consolidated Fund (No. 2) Act | c. | 45 |
3. Lord Hardy of Wath—The Lord Chancellor acquainted the House that Lord Hardy of Wath, a member of the House, had died on 16th December 2003.
4. Barony of Penrhyn in the Peerage of the United Kingdom—The Petition of Simon Douglas-Pennant claiming to have succeeded to the Barony of Penrhyn in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the Lord Penrhyn on his register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor to consider and report upon to the House pursuant to Standing Order 11.
Judicial Business
5. In re D (a child appearing by her guardian ad litem) (Respondent)—The petition of B praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.
6. Regina v. Camberwell Green Youth Court (Respondents) ex parte Director of Public Prosecutions (Petitioner)—The petition of the Director of Public Prosecutions praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.
7. Regina v. Camberwell Green Youth Court (Respondents) ex parte D (a minor) (by his mother and litigation friend) (FC) (Appellant) (Criminal Appeal from Her Majesty’s High Court of Justice)—The appeal was set down for hearing and referred to an Appellate Committee.
8. Regina v. Camberwell Green Youth Court (Respondents) ex parte Director of Public Prosecutions (Respondent) (G (by his mother and litigation friend) (FC) (Appellant) (Interested party)) (Criminal Appeal from Her Majesty’s High Court of Justice)—The appeal was set down for hearing and referred to an Appellate Committee.
9. South Bucks District Council and another (Respondents) v. Porter (FC) (Appellant)—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 15th January next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 11th December).
10. Hinchy (Respondent) v. Secretary of State for Work and Pensions (Appellant)—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 29th January next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
11. Her Majesty’s Commissioners of Inland Revenue (Appellants) v. Scottish Provident Institution (Respondents) (Scotland)—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 29th January next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
12. Appeal Committee—The 9th Report from the Appeal Committee was agreed to and the following Orders were made—
Marito Holdings SA (Respondents) v. Deneche (Petitioner)—That leave to appeal be refused.
Shaker (Respondent) v. Al-Bedrawi (Petitioner) and others and two other actions—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.
Shaker (Respondent) v. Steggles Palmer (a firm) and others (Petitioners) and two other actions—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.
Walker (Petitioner) v. Co-operative Insurance Society Limited (Respondents)—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.
Consignia plc (formerly the Post Office) (Respondents) v. Sealy (FC) (Petitioner)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.
Motorola Credit Corporation (Respondents) v. Uzan and others (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.
Motorola Credit Corporation (Respondents) v. Uzan (Petitioner) and others—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.
Motorola Credit Corporation (Respondents) v. Uzan and others and another (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.
Motorola Credit Corporation (Petitioners) v. Uzan and others (Respondents)—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.
Papers
13. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. Departmental Performance—Autumn Performance Reports 2003 of the—
(i) Department for Work and Pensions; (6044)
(ii) Office of the Deputy Prime Minister; (6074)
2. Works of Art—Report for 2002-03 of the Reviewing Committee on the Export of Works of Art; (6048)
3. Public Administration—Government Response to the Report of the House of Commons Select Committee on Public Administration: Government by Appointment: Opening up the Patronage State; (6056)
4. Double Taxation—Protocol between the United Kingdom and Mauritius to amend the Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and Capital Gains; (6082)
5. Roads—Government Response to the Report of the House of Commons Transport Committee on the Work of the Highways Agency; (6088)
6. European Parliament—Council Decision of 25th June and 23rd September 2002 amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, together with an Explanatory Memorandum; (6093)
7. Contingent Liability—Minute from the Department for International Development relating to the Day Chocolate Company: Loan Guarantee. (—)
14. Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:
Draft Primary Medical Services (Northern Ireland) Order 2004, laid under the Northern Ireland Act 2000, together with an Explanatory Memorandum.
15. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Intermittent Custody (Transitory Provisions) Order 2003, laid under the Criminal Justice Act 2003; (3283)
2. Pollution Prevention and Control (England and Wales) (Amendment) (No. 2) Regulations 2003, laid under the Pollution Prevention and Control Act 1999; (3296)
3. Statement of Changes in Immigration Rules, laid under the Immigration Act 1971. (—)
16. Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:
Report for 2003 of the Office of Telecommunications, laid under the Telecommunications Act 1984.
Public Business
17. European Parliamentary and Local Elections (Pilots) Bill—A bill to make provision for piloting in certain regions different methods of voting at the European Parliamentary general election in 2004 and at certain local elections held at the same time; and to enable consequential alterations to be made to voting procedures at local elections was brought from the Commons, read a first time and ordered to be printed. (HL Bill 14)
18. European Parliamentary and Local Elections (Pilots) Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 14-EN)
19. Administration and Works—It was moved by the Chairman of Committees that the Bishop of Chelmsford be appointed a member of the Select Committee; the motion was agreed to.
20. Merits of Statutory Instruments—It was moved by the Chairman of Committees that a Select Committee be appointed to consider every instrument which is laid before each House of Parliament and upon which proceedings may be or might have been taken in either House of Parliament, in pursuance of an Act of Parliament, being:
(i) a statutory instrument, or a draft of a statutory instrument;
(ii) a scheme, or an amendment of a scheme, or a draft thereof, requiring approval by statutory instrument; or
(iii) any other instrument (whether or not in draft), where the proceedings in pursuance of an Act of Parliament are proceedings by way of an affirmative or negative resolution;
but excluding any Order in Council or draft Order in Council made or proposed to be made under paragraph 1 of the Schedule to the Northern Ireland Act 2000 and any remedial order or draft remedial order under Schedule 2 to the Human Rights Act 1998 and any draft order proposed to be made under section 1 of the Regulatory Reform Act 2001, or any subordinate provisions order made or proposed to be made under that Act;
with a view to determining whether the special attention of the House should be drawn to it on any of the following grounds:
(a) that it is politically or legally important or gives rise to issues of public policy likely to be of interest to the House;
(b) that it is inappropriate in view of the changed circumstances since the passage of the parent Act;
(c) that it inappropriately implements European Union legislation;
(d) that it imperfectly achieves its policy objectives;
That, as proposed by the Committee of Selection, the following Lords be named of the Committee:
L. Addington
L. Armstrong of Ilminster
L. Boston of Faversham
V. Colville of Culross
L. Desai
L. Graham of Edmonton |
L. Hunt of Kings Heath (Chairman)
L. Jopling
L. Methuen
E. Northesk
V. Ullswater; |
That the Committee have power to appoint specialist advisers;
That the Committee have power to adjourn from place to place within the United Kingdom;
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;
the motion was agreed to.
21. Disability Discrimination—It was moved by the Lord President (Baroness Amos) that it is expedient that a Joint Committee of Lords and Commons be appointed to consider and report on the draft Disability Discrimination Bill presented to both Houses on 3rd December (Cm 6058), and that the Committee should report on the draft Bill by the end of April 2004; the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.
22. Procedure of the House—It was moved by the Chairman of Committees that the First Report from the Select Committee be agreed to; then it was moved by the Lord Carter, as an amendment thereto, after “That” to insert “, with the omission of paragraphs 4, 5 and 6,”; after debate, the motion was disagreed to (see division list); then the original motion was agreed to.
23. Maritime policy (Balloted debate)—It was moved by the Earl of Caithness that there be laid before the House papers relating to the opportunities to the United Kingdom that a comprehensive maritime policy would bring; after debate, the motion was (by leave of the House) withdrawn.
24. Road deaths and casualties (Balloted debate)—It was moved by the Baroness Scott of Needham Market that there be laid before the House papers relating to the trends in the number of road deaths and casualties; after debate, the motion was (by leave of the House) withdrawn.
25. European Communities (Definition of Treaties) (Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States and the Republic of Lebanon) Order 2003—It was moved by the Baroness Symons of Vernham Dean that the draft Order laid before the House on 4th November be approved; after debate, the motion was agreed to.
26. European Communities (Definition of Treaties) (Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States and the People’s Democratic Republic of Algeria) Order 2003—It was moved by the Baroness Symons of Vernham Dean that the draft Order laid before the House on 4th November be approved; the motion was agreed to.
27. Fishery Limits (United Kingdom) Bill [HL]—It was moved by the Lady Saltoun of Abernethy that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Committee of the Whole House.
The House was adjourned at a quarter before eleven o’clock
till tomorrow, eleven o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
