HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Wednesday 21st January 2004
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Southwark.
1. Lord Bishop of Southwell—George Henry Lord Bishop of Southwell was introduced between the Lord Bishop of Southwark and the Lord Bishop of Leicester; and took and subscribed the oath pursuant to statute.
Judicial Business
2. In re G (children) (FC)—The petition of the father praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.
3. Society of Lloyd’s (Respondents) v. Laws and others (Petitioners)—The petition of Catherine Mackenzie Smith, Sir William Pigott-Brown and Harry Christopher Starkey praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
4. Regina v. Secretary of State for the Home Department (Respondent) ex parte Al-Hasan (FC) (Appellant)—
5. Regina v. Secretary of State for the Home Department (Respondent) ex parte Carroll (FC) (Appellant)—
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 4th March next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
6. Appeal Committee—The 11th Report from the Appeal Committee was agreed to and the following Orders were made—
Regina v. Ashworth Hospital Authority (now Mersey Care National Health Service Trust) (Petitioners) ex parte Munjaz (FC) (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 4th February next.
Okta Crude Oil Refinery AD (Petitioners) v. Mamidoil-Jetoil Greek Petroleum Company SA (Respondents) and others and one other action—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.
Celltech Chiroscience Limited (Petitioners) v. Medimmune Inc (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.
Light and others (Petitioners) v. Ty Europe 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.
Yarm Road Limited and others (Respondents) v. Hewden Tower Cranes Limited (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.
Inter Lotto (UK) Limited (Respondents) v. Camelot Group plc (Petitioners)—That the respondents be invited to lodge objections by 4th February next.
Quintavalle (on behalf of Comment on Reproductive Ethics) (Petitioner) v. Human Fertilisation and Embryology Authority (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 4th February next.
7. Appeal Committee—The 12th Report from the Appeal Committee was agreed to and the following Orders were made—
Regina v. Secretary of State for Work and Pensions (Petitioner) ex parte Hooper and others (FC) (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 4th February next.
Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Hooper (Petitioner) and others—That leave to appeal be given; and that the petition of appeal be lodged by 4th February next.
Regina v. London Borough of Lambeth (Petitioners) ex parte Mani (FC) (Respondent) —That leave to appeal be refused; and 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, and that the costs of the respondents be taxed in accordance with the Access to Justice Act 1999.
Synthon BV (Petitioners) v. Smithkline Beecham plc (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 4th February next.
O’Brien (Respondent) v. Chief Constable of South Wales Police (Petitioner)—That the petition be referred for hearing.
Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Hooper and others (FC) (Petitioners)—That leave to appeal be given; and that the petition of appeal be lodged by 4th February next.
Regina v. Her Majesty’s Commissioners of Inland Revenue (Respondents) ex parte Wilkinson (FC) (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 4th February next.
Papers
8. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. Finance—Treasury Minute on the Forty-Third to the Forty-Sixth Reports from the Committee of Public Accounts 2002-03; (6105)
2. Treaty Series—Third Supplementary List of Ratifications, Accessions, Withdrawals, Etc., for 2003. (6106)
9. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft Immigration (Provision of Physical Data) (Amendment) Regulations 2004, laid under the Nationality, Immigration and Asylum Act 2002, together with an Explanatory Memorandum;
2. Draft Immigration (Leave to Enter and Remain) (Amendment) Order 2004, laid under the Immigration Act 1971, together with an Explanatory Memorandum.
10. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Bus Service Operators Grant (Amendment) (England) Regulations 2004, laid under the Transport Act 2000; (9)
2. Public Service Vehicles (Registration of Local Services) (Amendment) (England and Wales) Regulations 2004, laid under the Public Passenger Act 1981; (10)
3. Recreation Grounds (Revocation of Parish Council Byelaws) Order 2004, laid under the Local Government Act 1972; (80)
4. Price Marketing Order 2004, laid under the Prices Act 1974. (102)
11. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Report for 2002-03 on the Public Lending Right Scheme, laid under the Public Lending Right Act 1979;
2. Review for 2002-03 of the Arts Council of England, laid under the National Lottery etc. Act 1993;
3. Accounts for 2002-03 of the following Education Action Zones, together with the Reports of the Comptroller and Auditor General;
(iv) South East England Virtual Education Action Zone—
laid under the School Standards and Framework Act 1998.
12. Instrument coming into operation before being laid—The Lord Chancellor acquainted the House that he had received, under the proviso to section 4(1) of the Statutory Instruments Act 1946, notification that the following instrument had come into operation before being laid before Parliament, with an explanation thereof; the notification and explanation were ordered to lie on the Table:
Sea Fishing (Restrictions on Days at Sea) (No. 2) (Amendment) Order 2004. (38)
Public Business
13. Business of the House—It was moved by the Lord President (Baroness Amos) that the debate on the motion in the name of the Lord Judd set down for today shall be limited to 3 hours and that in the name of the Lord Pendry to 2 hours; the motion was agreed to.
14. Gender Recognition Bill [HL]—It was moved by the Lord Evans of Temple Guiting, on behalf of the Lord Filkin, that the amendments for the Report stage be marshalled and considered in the following order:
Clause 1
Schedule 1
Clauses 2 to 4
Schedule 2
Clauses 5 to 10
Schedule 3
Clause 11 |
Schedule 4
Clauses 12 to 13
Schedule 5
Clause 14
Schedule 6
Clauses 15 to 28; |
the motion was agreed to.
15. Disability Discrimination—It was moved by the Chairman of Committees that the Commons message of 19th January be now considered, and that a Committee of six Lords be appointed to join with the Committee appointed by the Commons to consider and report on the draft Disability Discrimination Bill presented to both Houses on 3rd December 2003 (Cm 6058);
That, as proposed by the Committee of Selection, the Lords following be named of the Committee:
L. Addington
L. Carter
L. Rix |
L. Swinfen
L. Tebbit
B. Wilkins; |
That the Committee have power to agree with the Commons in the appointment of a Chairman;
That the Committee have leave to report from time to time;
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 quorum of the Committee shall be two;
That the reports of the Committee from time to time shall be printed, notwithstanding any adjournment of the House; and
That the Committee do 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.
16. House Committee—It was moved by the Chairman of Committees that the 5th Report from the Select Committee, Session 2002-03, Freedom of Information: Members’ Expenses (HL Paper 176) be agreed to; the motion was agreed to.
17. Development aid (3-hour debate)—It was moved by the Lord Judd that there be laid before the House papers relating to the role of development aid in tackling world poverty and the part played by the United Kingdom’s aid programme; after debate, the motion was (by leave of the House) withdrawn.
18. Women in sport (2-hour debate)—It was moved by the Lord Pendry that there be laid before the House papers relating to the steps which Her Majesty’s Government are taking to encourage women’s participation in sport; after debate, the motion was (by leave of the House) withdrawn.
19. Rail transport—The Lord Lea of Crondall asked Her Majesty’s Government what their response is to the Report prepared for the All Party Parliamentary Rail Group by Professor Phil Goodwin on the Future for Rail; after debate, the question was answered by the Lord Davies of Oldham.
The House was adjourned at twenty-four minutes before ten o’clock
till tomorrow, eleven o’clock.
PAUL HAYTER
Clerk of the Parliaments
APPENDIX
PROCEEDINGS OF THE GRAND COMMITTEE (IN COMMITTEE ROOMS 3A AND 4B)
The Committee met at half-past three o’clock.
Domestic Violence, Crime and Victims Bill [HL]—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after amendment 31.
The Committee was adjourned at nineteen minutes past seven o’clock. | 
