HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Monday 23rd February 2004
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Peterborough.
1. Lord Constantine of Stanmore—The Lord Chancellor acquainted the House that Lord Constantine of Stanmore, a member of the House, had died on 13th February 2004.
Judicial Business
2. Birmingham City Council (Respondents) v. McCann (FC) (Petitioner)—The petition of Gerrard McCann praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 23rd February).
3. Regina v. Smith (Petitioner)—The petition of Terence Smith praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 23rd November).
4. Regina v. BR (Petitioner)—The petition of BR praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 16th February).
5. Regina v. Bentham (Petitioner)—The petition of Peter Bentham praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 20th February).
6. Regina v. Secretary of State for Education and Employment and others (Respondents) ex parte Williamson (Appellant) and others—The appeal was set down for hearing and referred to an Appellate Committee (lodged 18th February).
7. Government of the United States of America (Respondents) v. Barnette and another (Appellant)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 19th February).
8. 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and others and another (Respondent)—The petition of the appellants was presented praying that the appeal be withdrawn on terms that the appellants do pay to the first and second respondents their costs before this House on the standard basis (subject to the provisions of paragraphs 5 and 6 of the schedule); and that the sum of £25,000 paid into the security fund account be paid to the appellant, the amounts thereof to be certified by the Clerk of the Parliaments if not agreed between the parties (the agents for the respondents consenting thereto); and it was ordered as prayed.
9. Savings and Investments Bank Limited (in liquidation) (Petitioners) v. Fincken (Respondent)—Upon application by the petitioners (the agents for the respondent consenting thereto), it was ordered that the petition be withdrawn and that there be no order as to costs.
10. Appeal Committee—The following Order was made pursuant to the 11th Report:
Inter Lotto (UK) Limited (Respondents) v. Camelot Group plc (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.
11. Appeal Committee—The following Orders were made pursuant to the 16th Report:
Chaudhary (Petitioner) v. Specialist Training Authority of the Medical Royal Colleges 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.
Wrexham County Borough Council (Respondents) v. National Assembly for Wales (Respondents) and others (FC) (Petitioners)—That leave to appeal be refused; that the costs of the petitioners 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.
Lesotho Highlands Development Authority (Respondents) v. Impregilo SpA and others (Petitioners)—That the petition be referred for hearing.
12. Appeal Committee—The 20th Report from the Appeal Committee was agreed to and the following Orders were made—
Manchester City Council (Petitioners) v. Lee (Respondent)—That the respondent be invited to lodge objections by 8th March next.
Regina v. Parole Board (Respondents) ex parte Smith (FC) (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 8th March next.
AE (FC) and another (Petitioners) v. Secretary of State for the Home Department (Respondent)—That the respondent be invited to lodge objections by 8th March next.
Regina v. Parole Board (Respondents) ex parte West (FC) (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 8th March next.
JD (FC) (Petitioner) v. East Berkshire Health Authority (Respondents) and two other actions (FC)—That the respondents be invited to lodge objections by 8th March next.
Page (a patient by his litigation friend) (Petitioner) v. Lee (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.
Parks (Petitioner) v. Clout (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.
13. Appeal Committee—The 21st Report from the Appeal Committee was agreed to and the following Orders were made—
Regina v. Marchant and another (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 6.1(e); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.
In re Brown and another (Petitioners) (application for a writ of Habeas Corpus)—That leave to appeal be refused.
Regina v. Bow Street Magistrates’ Court and another (Petitioner) ex parte Lloyd (Respondent)—That the respondent be invited to lodge objections by 8th March next.
In re Liddy (AP) (Petitioner) (Northern Ireland)—That leave to appeal be refused and that the costs of the petitioner be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.
In re Sutej (Petitioner) (application for a writ of Habeas Corpus)—That the respondents be invited to lodge objections by 8th March next.
Regina v. Bow Street Magistrates’ Court ex parte Government of the United States of America (Respondents) and Lemieux and another (Petitioners)—That the respondents be invited to lodge objections by 8th March next.
Whitley (Petitioner) v. Director of Public Prosecutions (Respondent)—That leave to appeal be refused.
14. Appeal Committee—The 22nd Report from the Appeal Committee was agreed to and the following Orders were made—
Masterman-Lister (FC) (Petitioner) v. Brutton & Co (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.
Benrache Limited (formerly Balfron Trustees Limited) (Respondents) v. Petersen 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.
Masterman-Lister (FC) (Petitioner) v. Jewell and others (Respondents) and one other action—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.
Jones (Respondent) v. Friends’ Provident Life Office (Petitioners) (Northern Ireland)—That leave to appeal be refused; that the respondent be at liberty to apply for her 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.
Regina v. Her Majesty’s Commissioners of Customs and Excise (Respondents) ex parte Cardiff City Council (Petitioners)—That leave to appeal be given; and that the petition of appeal be lodged by 8th March next.
Silven Properties Limited and others (Petitioners) v. Royal Bank of Scotland plc and others (Respondents) 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.
Polanski (Petitioner) v. Conde Nast Publications Limited (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 8th March next.
15. Appeal Committee—The 23rd Report from the Appeal Committee was agreed to and the following Order was made—
Regina v. Smith (Petitioner)—That the petition be dismissed as inadmissible: the court below had not certified a point of law of general public importance as required by s. 33(2) of the Criminal Appeal Act 1968 and direction 2.1, and the European Convention on Human Rights does not exempt a petitioner from this requirement and confers no right of appeal to the House on a defendant who has been refused leave to appeal to the Court of Appeal.
Papers
16. Command Papers—The following papers, having been presented to the House by command of Her Majesty on the dates shown, were ordered to lie on the Table:
1. Marine safety—Amendments adopted on 29th November 2001 to the International Regulations for Preventing Collisions at Sea 1972; (20th February) (6137)
2. Maritime boundaries—Agreement between the United Kingdom and France made on 4th July 2000 on the establishment of a Maritime Boundary between France and Jersey; (20th February) (6138)
3. Fisheries—Agreement between the United Kingdom and France made on 4th July 2000 on Fishing in the Bay of Granville; (20th February) (6139)
4. Hong Kong—Six-monthly Report on Hong Kong for the Period July-December 2003; (23rd February) (6125)
5. Immigration—Government Response to the Report of the House of Commons Home Affairs Committee on the Asylum and Immigration (Treatment of Claimants, etc.) Bill; (23rd February) (6132)
6. Iraq—The Iraq Medal: Service on Operation TELIC from 20th January 2003; (23rd February) (6135)
(i) Minute from the Department for Environment, Food and Rural Affairs on the granting of an Indemnity to Members of the Executive Committee of Horticultural Research International; (23rd February) (—)
(ii) Minute from the Department for Environment, Food and Rural Affairs on the granting of an Indemnity to East Malling Research. (23rd February) (—)
17. Statutory Instruments (Standing Order 71)—The following negative instruments, having been laid before the House on the dates shown, were laid before the House and ordered to lie on the Table:
|
Title, etc.
| S.I. No.
2004 | Date of
Laying |
Negative instruments | | |
Private Hire Vehicles (London) (Transitional Provisions) Regulations 2004, laid under the Private Hire Vehicles (London) Act 1998; | 242 | 13th February |
Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2004, laid under the Criminal Justice and Police Act 2001; | 316 | 13th February |
Tax Credits (Appeals) (Amendment) Regulations 2004, laid under the Tax Credits Act 2002; | 372 | 13th February |
General Optical Council (Disciplinary Committee (Constitution) Amendment Rules) Order of Council 2004, laid under the Opticians Act 1989; | 259 | 16th February |
(i) Sudan (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004— | 373 | 16th February |
(ii) Controls on Pentabromodiphenyl Ether and Octabromodiphenyl Ether Regulations 2004— | 371 | 16th February |
laid under the European Communities Act 1972; | | |
Police Act 1997 (Criminal Records) (Amendment) Regulations 2004, laid under the Police Act 1997; | 367 | 16th February |
General Drainage Charges (Anglian Region) Order 2004, laid under the Water Resources Act 1991; | 388 | 16th February |
Removal of Obstructions from Highways (Notices etc.) (England) Regulations 2004, laid under the Highways Act 1980; | 370 | 16th February |
Housing Benefit and Council Tax Benefit (Extended Payments (Severe Disablement Allowance and Incapacity Benefit)) Amendment Regulations 2004, laid under the Social Security Contributions and Benefits Act 1992; | 319 | 17th February |
Products of Animal Origin (Third Country Imports) (England) (Amendment No. 2) Regulations 2004, laid under the European Communities Act 1972; | 390 | 17th February
|
Sea Fishing (Restriction on Days at Sea) Order 2004, laid under the Fisheries Act 1981; | 398 | 18th February |
High Court Enforcement Officers Regulations 2004, laid under the Courts Act 2003; | 400 | 19th February |
Consistent Financial Reporting (England) (Amendment) Regulations 2004, laid under the Education Act 2002; | 393 | 20th February |
Public Order (Prescribed Forms) Regulations (Northern Ireland) 2004, laid under the Public Processions (Northern Ireland) Act 1998. | 416 | 20th February |
18. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft Child Benefit and Guardian’s Allowance Up-rating Order 2004, laid under the Social Security Administration Act 1992, together with an Explanatory Memorandum;
2. Draft Child Benefit and Guardian’s Allowance Up-rating (Northern Ireland) Order 2004, laid under the Social Security Administration (Northern Ireland) Act 1992, together with an Explanatory Memorandum;
3. Draft Tax Credits Up-rating Regulations 2004, laid under the Tax Credits Act 2002, together with an Explanatory Memorandum;
4. Draft National Minimum Wage Regulations 1999 (Amendment) Regulations 2004, laid under the National Minimum Wage Act 1998, together with an Explanatory Memorandum.
19. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Commissions for Local Administration (Extension of Jurisdiction) Order 2004, laid under the Local Government Act 1974; (344)
2. Education (Pupil Exclusions) (Miscellaneous Amendments) (England) Regulations 2004, laid under the Education Act 1996; (402)
3. Occupational Pensions Schemes (Winding Up and Deficiency on Winding Up etc.) (Amendment) Regulations 2004, laid under the Pensions Act 1995; (403)
4. Liberia (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004, laid under the European Communities Act 1972. (432)
20. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Birth statistics: Review of the Registrar General on Births and Patterns of Family Building in England and Wales in 2002, laid under the Registration Service Act 1953;
2. Amendment List 11 to Air Publication 1269—the Royal Air Force Manual of Medical Management and Administration, laid under the Air Force (Constitution) Act 1917;
3. Report required under section 41 of the Tax Credits Act 2002, laid under that Act;
4. Treasury Minute Directing the Application of certain amounts as Appropriations in Aid of the Estimates for 2003-04, laid under the Government Resources and Accounts Act 2000;
5. Account for 2001-02 of Grants and Loans to the Housing Action Trusts, laid under the Housing Act 1988, together with the Report of the Comptroller and Auditor General;
6. Account for 2002-03 of Grants and Loans to the Housing Action Trusts, laid under the Housing Act 1988, together with the Report of the Comptroller and Auditor General;
7. Account for 2002-03 of the Pooling of Non-Domestic Rates and Redistribution to Local Authorities in England, laid under the Local Government Finance Act 1988, together with the Report of the Comptroller and Auditor General;
8. Report by the Comptroller and Auditor General on the National Endowment for Science, Technology and the Arts, laid under the National Audit Act 1983;
9. Accounts for 2002-03 of the Natural History Museum, laid under the Museums and Galleries Act 1992, together with the Report of the Comptroller and Auditor General;
10. Report on Pre-Judgment Interest on Debts and Damages, laid under the Law Commissions Act 1965;
11. Report by the Comptroller and Auditor General for Northern Ireland on Local Management of Schools, laid under the Northern Ireland Act 2000.
Select Committee Reports
21. Human Rights—The following Reports from the Joint Committee were made and ordered to be printed:
Anti-terrorism, Crime and Security Act 2001: Statutory Review and Continuance of Part 4; (6th Report—HL Paper 38)
The Meaning of Public Authority under the Human Rights Act, together with Appendices. (7th Report—HL Paper 39)
Private Business
22. Mersey Tunnels Bill—The Chairman of Committees acquainted the House that he had appointed the following Lords to form the Select Committee on the bill:
Bradshaw, L.
Brookman, L.
Chan, L. |
Evans of Parkside, L.
Geddes, L. (Chairman); |
it was ordered that the Committee do meet on Monday 8th March at half-past ten o’clock.
Public Business
23. Business of the House—It was moved by the Lord President (Baroness Amos) that Standing Order 41 (Arrangement of the Order Paper) be dispensed with on 4th March to allow the motion standing in the name of the Baroness Scotland of Asthal to be taken as first business; the motion was agreed to.
24. Consolidation Bills—It was moved by the Lord Chancellor that, pursuant to Standing Order 52, the following Lords be appointed to join with a Committee of the Commons as the Joint Committee on Consolidation Bills:
L. Acton
L. Brightman
L. Campbell of Alloway
L. Christopher
V. Colville of Culross
E. Dundee |
B. Fookes
L. Janner of Braunstone
B. Mallalieu
L. Phillips of Sudbury
L. Razzall
L. Rodger of Earlsferry; |
That the Committee have the power to agree with the Committee of the Commons in the appointment of a Chairman;
That the minutes of evidence taken before the Committee shall, if the Committee think fit, be printed; and
That a message be sent to the Commons to propose that the Joint Committee do meet on Monday 1st March at half-past four o’clock;
the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.
25. Planning and Compulsory Purchase Bill—It was moved by the Lord Grocott, on behalf of the Lord Rooker, that the amendments for the Report stage be marshalled and considered in the following order:
Clauses 1 to 40
Schedule 1
Clauses 41 to 54
Schedule 2
Clauses 55 to 78
Schedule 3
Clauses 79 to 88
Schedule 4
Clause 89; |
Schedule 5
Clauses 90 to 117
Schedules 6 and 7
Clause 118
Schedule 8
Clause 119
Schedule 9
Clauses 120 to 124 |
the motion was agreed to.
26. European Parliamentary and Local Elections (Pilots) Bill—The report was received; amendments were moved and (by leave of the House) withdrawn; an amendment to an amendment was agreed to (see division list 1); then the original amendment, as amended, was agreed to; amendments were agreed to; an amendment was agreed to (see division list 2); it was ordered that the bill be printed as amended. (HL Bill 29)
27. Employment Act 2002 (Dispute Resolution) Regulations 2004—It was moved by the Lord Sainsbury of Turville that the draft Regulations laid before the House on 20th January be approved; after debate, the motion was agreed to.
28. Regulatory Reform (Sunday Trading) Order 2004—It was moved by the Lord Sainsbury of Turville that the draft Regulatory Reform Order laid before the House on 22nd January be approved; the motion was agreed to.
The House was adjourned at ten minutes before nine o’clock
till tomorrow, half-past two o’clock.
PAUL HAYTER
Clerk of the Parliaments
APPENDIX
PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)
The Committee met at half-past three o’clock.
Public Audit (Wales) Bill [HL]—The bill was considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after clause 19 stood part.
The Committee was adjourned at twenty-seven minutes past seven o’clock. |
