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Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Tuesday 27th January 2004

The House met at half-past two o’clock.

PRAYERS were read by the Lord Bishop of Manchester.

1.  Leave of Absence—Leave of absence was granted to the Lord Chancellor for Thursday 29th January.

2.  Lord Jenkins of Putney—The Lord Chancellor acquainted the House that Lord Jenkins of Putney, a member of the House, had died on 26th January 2004.

Judicial Business

3.  In re B (FC) (Appellant) (2002)—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 2nd February next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 26th January).

4.  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 11th March next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

5.  Appeal Committee—The following Orders were made pursuant to the 7th Report:

    Bown (Petitioner) v. Secretary of State for Transport (Respondent)—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.

    Ward (Respondent) v. Commissioner of Police for the Metropolis and others (Petitioners)—That leave to appeal be given; and that the petition of appeal be lodged by 10th February next.

6.  Appeal Committee—The 16th Report from the Appeal Committee was agreed to and the following Orders were made—

    Chaudhary (Petitioner) v. Specialist Training Authority of the Medical Royal Colleges and others (Respondents)—That the respondents be invited to lodge objections by 10th February next.

    Wrexham County Borough Council (Respondents) v. National Assembly for Wales (Respondents) and others (FC) (Petitioners)—That the respondents be invited to lodge objections by 10th February next.

    In re Parsons (AP) (Petitioner) (Northern Ireland)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981; and that the respondent be at liberty to apply for his 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.

    Regina v. Secretary of State for the Home Department (Respondent) ex parte Khadir (FC) (Petitioner)—That the respondent be invited to lodge objections by 10th February next.

    Jewson Limited (Respondents) v. Boyhan (as personal representative of the estate of Thomas Michael Kelly (deceased)) (Petitioner)—That leave to appeal be refused.

    Lesotho Highlands Development Authority (Respondents) v. Impregilo SpA and others (Petitioners)—That the respondents be invited to lodge objections by 10th February next.

    Rowe (FC) (Petitioner) v. Kingston-upon-Hull City Council and others (Respondents)—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.

Papers

7.  Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:

    Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations 2004, laid under the European Communities Act 1972.    (147)

8.  Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:

    1.  (i)  Report and Accounts for 2001-02 of the Parliamentary Commissioner for Administration and Health Service Commissioner for England;

      (ii)  Report and Accounts for 2002-03 of the Parliamentary Commissioner for Administration and Health Service Commissioner for England;

      laid under the Parliamentary Commissioner Act 1967;

    2.  Accounts for 2003-04 of the Salford and Trafford Education Action Zone, laid under the School Standards and Framework Act 1998;

    3.    (i)  Civil Penalty (Prevention of Clandestine Entrants—Vehicles)—Draft Code of Practice—

      (ii)     Civil Penalty (Level of Penalty)—Draft Code of Practice—

      laid under the Immigration and Asylum Act 1999.

Select Committee Reports

9.  Merits of Statutory Instruments —The following Report from the Select Committee was made and ordered to be printed:

    First Report, Special Report: Inquiry into Methods of Working. (HL Paper 18)

10.  European Union—The following Reports from the Select Committee were made and ordered to be printed, together with the Minutes of Evidence:

    Evidence from the Minister for Europe on the Brussels European Council; (2nd Report-HL Paper 25)

    Evidence by the Ambassador of Ireland on the Irish Presidency; (3rd Report-HL Paper 26)

    Current Developments in European Foreign Policy; (4th Report-HL Paper 28)

    Fighting Illegal Immigration: Should Carriers Carry the Burden? (5th Report-HL Paper 29)

11.  Statutory Instruments—The 6th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

      Draft Terrorism Act 2000 (Continuance of Part VII) Order 2004;

      Draft Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21 to 23) Order 2004;

    it was ordered that the Report be printed. (HL Paper 30)

Public Business

12.  Planning and Compulsory Purchase Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed.

13.  European Communities (Definition of Treaties) (Common Electoral Principles) Order 2004—It was moved by the Lord Evans of Temple Guiting that the draft Order laid before the House on 11th December 2003 be approved; after debate, the motion was agreed to.

14.  European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004—It was moved by the Lord Evans of Temple Guiting that the draft Order laid before the House on 15th January be approved; after debate, the motion was agreed to.

The House was adjourned during pleasure.

The House was resumed.

15.  Planning and Compulsory Purchase Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed after clause 37 stood part.

The House was adjourned at twenty-five minutes past nine o’clock

till tomorrow, half-past two 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.

    Energy 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 clause 73 stood part.

The Committee was adjourned at twelve minutes before eight o’clock.

 
 
 
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Prepared: 28 january 2004