HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Monday 9th February 2004
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Worcester.
1. Leave of Absence—Leave of absence was granted to the Lord Chancellor for tomorrow.
Judicial Business
2. Ward (Respondent) v. Commissioner of Police for the Metropolis and others (Appellants) (England)—The appeal of the Epsom and St Helier NHS Trust was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 22nd March next.
3. Johnson (Petitioner) v. Gore Wood & Company (a firm) (Respondents)—The petition of William John Henry Johnson praying for leave to appeal was presented and referred to an Appeal Committee (lodged 15th January).
4. Malory Enterprises Limited (a company incorporated under the laws of the British Virgin Islands) (Respondents) v. Cheshire Homes (UK) Limited (Appellants) and others and another (Respondent)—The petition of the first respondents praying for leave to lodge a separate case (the agents for the appellants and second respondent consenting thereto) was presented; and it was ordered as prayed.
Papers
5. Statutory Instruments (Standing Order 71)—The following negative instruments, having been laid before the House on 6th February, were ordered to lie on the Table:
1. Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2004, Local Government Finance Act 1992; (243)
2. (i) Carriers’ Liability (Amendment) Regulations 2004— (244)
(ii) Carriers’ Liability (Clandestine Entrants) (Revised Code of Practice for Vehicles) Order 2004— (250)
(iii) Carriers’ Liability (Clandestine Entrants) (Level of Penalty: Revised Code of Practice) Order 2004— (251)
laid under the Immigration and Asylum Act 1999;
3. Sentencing Guidelines Council (Supplementary Provisions) Order 2004, laid under the Criminal Justice Act 2003; (246)
4. Magistrates’ Courts (Parenting Orders) Rules 2004, laid under the Magistrates’ Courts Act 1980; (247)
5. Motor Vehicles (Driving Licences) (Amendment) Regulations 2004, laid under the Road Traffic Act 1988; (265)
6. Common Investment Scheme 2004, laid under the Administration of Justice Act 1982. (266)
6. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. (i) Draft Prison (Amendment) (Northern Ireland) Order 2004, together with an Explanatory Memorandum—
(ii) Draft Firearms (Northern Ireland) Order 2004, together with an Explanatory Memorandum—
laid under the Northern Ireland Act 2000;
2. Draft Paternity and Adoption Leave (Amendment) Regulations 2004, laid under the Employment Rights Act 1996, together with an Explanatory Memorandum;
3. Draft Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) (Amendment) Regulations 2004, laid under the Social Security Contributions and Benefits Act 1992, together with an Explanatory Memorandum.
7. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. M11 Motorway (Junction 4 Northbound, Redbridge) (Speed Limit) Regulations 2004, laid under the Road Traffic Regulation Act 1984; (180)
2. General Medical Council (Suspension and Removal of Members from Office) Rules Order of Council 2004, laid under the Medical Act 1983; (215)
3. Private Security Industry (Licences) Regulations 2004, laid under the Security Industry Act 2001; (255)
4. National Health Service (General Medical Service Contracts) Regulations 2004, laid under the National Health Service Act 1977. (291)
8. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Accounts for 2002-03 of the Wallace Collection, laid under the Museums and Galleries Act 1992, together with the Report of the Comptroller and Auditor General;
2. Accounts for 2002-03 of the National Lottery Distribution Fund, laid under the National Lottery etc. Act 1993, together with the Report of the Comptroller and Auditor General;
3. Accounts for 2002-03 of the following Education Action Zones, together the Reports of the Comptroller and Auditor General:
laid under the School Standards and Framework Act 1998.
Private Business
9. University of Manchester Bill [HL]—The following petition praying to be heard against the bill was deposited:
Petition No. | Petitioners | Agent |
1. |
Kenneth Rohde and Ian David Bell |
Kenneth Rohde |
Public Business
10. 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 Newby set down for today shall be limited to 2 hours and that in the name of the Baroness Miller of Chilthorne Domer to 2½ hours; the motion was agreed to.
11. Local income tax (2-hour debate)—It was moved by the Lord Newby that there be laid before the House papers relating to the case for replacing Council Tax with local income tax; after debate, the motion was (by leave of the House) withdrawn.
12. Domestic Violence, Crime and Victims Bill [HL]—The bill was reported from the Grand Committee with amendments; it was ordered that the bill be printed as amended. (HL Bill 27)
13. Climate change (2½-hour debate)—It was moved by the Baroness Miller of Chilthorne Domer that there be laid before the House papers relating to the case for action at national and international level on climate change in the light of the recent statement by the Government’s Chief Scientific Adviser on the threat which climate change poses to the world; after debate, the motion was (by leave of the House) withdrawn.
Private Business
14. Mersey Tunnels Bill—It was moved by the Lord Smith of Leigh that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Select Committee; then it was moved by the Lord Hunt of Wirral that it be an instruction to the Select Committee to whom the bill is committed that they should consider—
(a) whether the power of the Secretary of State to increase all or any of the tolls by order is justified; and
(b) whether the provisions of the bill provide an adequate mechanism for taking into account the views of the five district councils on Merseyside (the Metropolitan Borough of Wirral, Liverpool, Sefton, Knowsley and St Helens) in respect of:
(i) increases in tolls;
(ii) the use of surplus tunnel toll income to improve public transport services on Merseyside; and
(iii) the desirability of repaying the existing debt on the tunnels before applying surplus toll income to other projects;
the motion was disagreed to (see division list).
The House was adjourned at five minutes before ten 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.
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; it was ordered that the bill be reported with amendments.
The Committee was adjourned at two minutes before five o’clock. | 
