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Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Tuesday 24th February 2004

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

PRAYERS were read by the Lord Bishop of Peterborough.

Judicial Business

1.  In re Jordan (AP) (Petitioner) (Northern Ireland)—The petition of Hugh Jordan praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged (lodged 19th February).

2.  Regina v. Camberwell Green Youth Court (Respondents) ex parte D (a minor) (by his mother and litigation friend) (FC) (Appellant) (Criminal Appeal from Her Majesty’s High Court of Justice)—The petition of the Secretary of State for the Home Department praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.

3.  Regina v. Camberwell Green Youth Court (Respondents) ex parte Director of Public Prosecutions (Respondent) (G (by his mother and litigation friend) (FC) (Appellant) (Interested party)) (Criminal Appeal from Her Majesty’s High Court of Justice)—The petition of the Secretary of State for the Home Department praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.

4.  A (FC) and others (FC) (Appellants) v. Secretary of State for the Home Department (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 23rd February).

5.  X (FC) and another (FC) (Appellants) v. Secretary of State for the Home Department (Respondent)—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 8th March next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 23rd February).

6.  Appeal Committee—The following Order was made pursuant to the 5th Report:

    Her Majesty’s Attorney General (Respondent) v. Scotcher (Petitioner)—That the petitioner will not be liable for any of the respondent’s costs in this appeal.

Papers

7.  Instrument withdrawn—The following instrument, laid before the House on 10th February, was withdrawn:

    Draft Renewables Obligation (Amendment) Order 2004.

8.  Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:

    1.  Mental Health—Government Response to the Scrutiny Committee’s Report on the Draft Mental Incapacity Bill;    (6121)

    2.  Culture—Government Response to the Report of the House of Commons Culture, Media and Sport Select Committee on Cultural objects: developments since 2000.    (6149)

9.  Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

    Draft Renewables Obligation (Amendment) Order 2004, laid under the Electricity Act 1989, together with an Explanatory Memorandum.

10.  Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:

    1.  Proceeds of Crime Act 2002 (Recovery of Cash in Summary Proceedings: Minimum Amount) Order 2004, laid under the Proceeds of Crime Act 2002;    (420)

    2.  Pollution Prevention and Control (Unauthorised Part B Processes) (England and Wales) Regulations 2004, laid under the Pollution Prevention and Control Act 1999;    (434)

    3.  Statute made by The Queen’s College, Oxford, amending the Statutes of the College, laid under the Universities of Oxford and Cambridge Act 1923.    (—)

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

    1.  Accounts for the period 31st March 2003 to 31st August 2003 of the following Education Action Zones, together with the Reports of the Comptroller and Auditor General;

      (i)     Leicester—

      (ii)     New Addington—

      (iii)     Newcastle—

      laid under the School Standards and Framework Act 1998;

    2.  Accounts for 2002-03 of the Probation Board for Northern Ireland, laid under the Probation Board (Northern Ireland) Order 1982, together with the Report of the Comptroller and Auditor General;

    3.  Northern Ireland Land Purchase Account for 2002-03, laid under the Northern Ireland Land Purchase (Winding Up) Act 1935, together with the Report of the Comptroller and Auditor General.

Select Committee Report

12.  Statutory Instruments—The 9th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

      Draft Community Legal Services (Scope) Regulations 2004;

      Draft Police (Northern Ireland) Act 2000 (Renewal of Temporary Provisions) Order 2004;

    it was ordered that the Report be printed. (HL Paper 44)

Public Business

13.  Ecclesiastical Committee—The Lord Chancellor acquainted the House that, pursuant to section 2 of the Church of England Assembly (Powers) Act 1919, he had appointed the Lord Davies of Coity, in place of the Lord Hardy of Wath, deceased, to be a member of the Ecclesiastical Committee for the remainder of this Parliament.

14.  Consolidation Bills—A message was brought from the Commons that they have ordered the Committee appointed by them to meet with the Lords Committee on Monday 1st March at half-past four o’clock, as proposed by this House.

15.  Constitutional Reform Bill [HL]—A bill to make provision for replacing the office of Lord Chancellor, and to abolish that office; to establish a Supreme Court of the United Kingdom, and to abolish the appellate jurisdiction of the House of Lords; to make provision about the jurisdiction of the Judicial Committee of the Privy Council and the judicial functions of the President of the Council; to make other provision about the judiciary, their appointment and discipline; and for connected purposes was presented by the Lord Falconer of Thoroton, read a first time and ordered to be printed. (HL Bill 30)

16.  Constitutional Reform Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 30-EN)

17.  Domestic Violence, Crime and Victims Bill [HL]—It was moved by the Baroness Scotland of Asthal that the amendments for the Report stage be marshalled and considered in the following order—

Clauses 1 to 16
Schedule 1
Clause 17
Schedule 2
Clauses 18 to 22;

Schedule 3
Clauses 23 to 26
Schedules 4 and 5
Clauses 27 to 31

    the motion was agreed to.

18.  Planning and Compulsory Purchase Bill—The report was received; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to (see division lists 1 and 2); further consideration on report was adjourned.

19.  Immigration (Provision of Physical Data) (Amendment) Regulations 2004—It was moved by the Baroness Scotland of Asthal that the draft Regulations laid before the House on 21st January be approved; after debate, the motion was agreed to.

20.  Immigration (Leave to Enter and Remain) (Amendment) Order 2004—It was moved by the Baroness Scotland of Asthal that the draft Order laid before the House on 21st January be approved; the motion was agreed to.

21.  Independent Police Complaints Commission (Investigatory Powers) Order 2004It was moved by the Baroness Scotland of Asthal that the draft Order laid before the House on 5th February be approved; after debate, the motion was agreed to.

The House was adjourned during pleasure.

The House was resumed.

22.  Planning and Compulsory Purchase Bill—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; further consideration on report was adjourned after amendment 75.

The House was adjourned at nine minutes past ten 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.

    Energy Bill [HL]—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the Committee was adjourned after amendment 131.

The Committee was adjourned at twenty-seven minutes before eight o’clock.

CORRECTION

In Division No. 4 on Tuesday 10th February, L. King of West Bromwich should have been recorded as voting Not-Content instead of L. King of Bridgwater.

 
 
 
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Prepared: 25 february 2004