HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Thursday 18th December 2003
The House met at ten o’clock.
PRAYERS were read by the Lord Bishop of St Albans.
Judicial Business
1. Regina v. Randall (Respondent) (On Appeal from the Court of Appeal (Criminal Division))—It was moved by the Lord Bingham of Cornhill, That the 7th 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 11th February 2003 be affirmed and the appeal dismissed; that the question certified by that Court on 21st February 2003 be answered in the affirmative; 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 if not agreed between the parties. [2003] UKHL 69
2. Taylor (Her Majesty’s Inspector of Taxes) (Respondent) v. MEPC Holdings Limited (Appellants)—It was moved by the Lord Slynn of Hadley on behalf of the Lord Nicholls of Birkenhead, That the 8th 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 20th June 2002 and the Order of Sir Donald Rattee (sitting as a Judge of the High Court) of 9th May 2001 be set aside and the Decision of the Special Commissioners of 27th September 2000 be restored; and that the respondent do pay to the appellants their costs in the High Court, the Court of Appeal and 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 70
3. Department for Environment, Food and Rural Affairs (Appellants) v. ASDA Stores Limited and another (Respondents) (Criminal appeal from Her Majesty’s High Court of Justice)—It was moved by the Lord Walker of Gestingthorpe on behalf of the Lord Nicholls of Birkenhead, That the 9th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Divisional Court of the Queen’s Bench Division of 24th June 2002 and also the adjudication of District Judge Woollard at Portsmouth Magistrates’ Court on 12th November 2001 be quashed; that it be declared that the offences with which the respondents were charged are offences known to the law; that the matter be remitted to the Petty Sessional Division of South Hampshire for trial of the 14 informations laid on behalf of the appellants at South Hampshire Magistrates’ Court on 18th April 2001; and that the respondents do pay to the appellants their costs in the Divisional Court and 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 71
4. Beller and others (Respondents) v. De-Laurey (Petitioner)—The petition of Joyti Deborah De-Laurey praying for leave to appeal 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.
5. Mead (Respondent) v. De-Laurey (Petitioner)—The petition of Joyti Deborah De-Laurey praying for leave to appeal 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. Mortgage Agency Services Number Two Limited (Respondents) v. Chater and another (FC) (Petitioner)—The petitioner’s certificate of public funding was lodged.
7. Appeal Committee—The following Order was made pursuant to the 77th Report, Session 2002-03—
Mortgage Agency Services Number Two Limited (Respondents) v. Chater and another (FC) (Petitioner)—That the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999.
8. Appeal Committee—The 10th Report from the Appeal Committee was agreed to and the following Orders were made—
Beller and others (Respondents) v. De-Laurey (Petitioner)—That leave to appeal be refused.
Mead (Respondent) v. De-Laurey (Petitioner)—That leave to appeal be refused.
The House was adjourned during pleasure.
The House was resumed.
Papers
9. Instrument withdrawn—The following instrument, laid before the House on 12th December, was withdrawn:
Animal Test Certificates (Revocation) Regulations 2003. (3249)
10. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. Corruption—Government Response to the Report of the Joint Committee on the Draft Corruption Bill; (6086)
2. Competition Commission—Extended Warranties on Domestic Electrical Goods: Competition Commission Report; (6089)
3. Religion—Government Response to the Report of the Religious Offences Committee. (6091)
11. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
(i) Draft Industrial Training Levy (Construction Board) Order 2004, together with an Explanatory Memorandum—
(ii) Draft Industrial Training Levy (Engineering Construction Board) Order 2004, together with an Explanatory Memorandum—
laid under the Industrial Training Act 1982.
12. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Commission for Healthcare Audit and Inspection (Membership) Regulations 2003, laid under the Health and Social Care (Community Health and Standards) Act 2003; (3279)
2. Education (Student Fees and Support) (Switzerland) Regulations 2003, laid under the Education (Fees and Awards) Act 1983; (3280)
3. Rules of the Supreme Court (Northern Ireland) (Amendment No. 3) 2003, laid under the Judicature (Northern Ireland) Act 1978. (—)
13. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Report of a Review of the Anti-Terrorism, Crime and Security Act 2001, laid under that Act;
2. Immigration (Designation of Travel Bans) (Amendment No. 2) Order 2003, laid under the Immigration Act 1971; (3285)
3. Review for 2002 of the Registrar General on deaths by cause, sex and age in England and Wales, laid under the Registration Service Act 1953.
Select Committee Report
14. Constitution Committee—The First Report from the Select Committee, on the European Parliamentary and Local Election (Pilots) Bill, was made and ordered to be printed. (HL Paper 16)
Private Business
15. Private Bills—The Examiners’ certificates that the Standing Orders applicable to the petitions for the following bills have been complied with were delivered and ordered to lie on the Table:
University of Manchester;
University of Wales, Cardiff.
Public Business
16. Executive Powers and Civil Service Bill [HL]—A bill to place under the authority of Parliament executive powers exercisable by Ministers of the Crown by virtue of the Royal prerogative; to make provision relating to the appointment and conduct of, and general duties relating to, civil servants and special advisers; to establish a procedure for the making of certain public appointments; and for connected purposes was presented by the Lord Lester of Herne Hill, read a first time and ordered to be printed. (HL Bill 15)
17. Wild Mammals (Protection) (Amendment) Bill [HL]—A bill to amend the Wild Mammals (Protection) Act 1996 was presented by the Lord Donoughue, read a first time and ordered to be printed. (HL Bill 16)
18. Gender Recognition Bill [HL]—It was moved by the Lord Filkin that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Grand Committee.
19. Local Government Best Value (Exemption) (England) Order 2003—It was moved by the Lord Bassam of Brighton that the draft Order laid before the House on 17th November be approved; after debate, the motion was agreed to.
20. Conduct of Employment Agencies and Employment Businesses Regulations 2003—It was moved by the Lord Sainsbury of Turville that the draft Regulations laid before the House on 3rd December be approved; the motion was agreed to.
The House was adjourned at twenty minutes before three o’clock
to Monday 5th January, half-past two o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
