HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Wednesday 25th February 2004
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Peterborough.
1. Leave of Absence—Leave of absence was granted to the Lord Chancellor for Monday 1st, Tuesday 2nd and Friday 5th March.
Judicial Business
2. Appeal Committee—The 24th Report from the Appeal Committee was agreed to and the following Orders were made—
Agco Limited (Respondents) v. Massey Ferguson Works Pension Trust Limited (Respondents) and others (Petitioners)—That the respondents be invited to lodge objections by 10th March next.
Attorney General of the Federal Republic of Nigeria and others (Respondents) v. Australia and New Zealand Banking Group Limited and others (Petitioners) 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.
Scottish & Newcastle plc (Respondents) v. Raguz (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.
Feasey (a representative Lloyds underwriter suing on his own behalf and on behalf of all the members of Syndicate 957) (Respondent) v. Sun Life Assurance Company of Canada (Petitioners) and others and one other action—That leave to appeal be given; and that the petition of appeal be lodged by 10th March next.
Compagnie Noga d’Importation et d’Exportation SA (Petitioners) v. Australia and New Zealand Banking Group Limited and others (Respondents) 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.
Amiri Flight Authority (Respondents) v. BAE Systems plc (Petitioners)—That the respondents be invited to lodge objections by 10th March next.
Leicestershire County Council (Petitioners) v. Transco plc (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.
Patterson (Respondent) v. Legal Services Commission (Petitioners)—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.
Papers
3. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
(i) Convention on Seafarers’ Hours of Work and the Manning of Ships; (6142)
(ii) Protocol to the Merchant Shipping (Minimum Standards) Convention 1976; (6143)
2. Tobacco—World Health Organisation Framework Convention on Tobacco Control, together with an Explanatory Memorandum; (6144)
3. Terrorism—Counter-Terrorism Powers: Reconciling Security and Liberty in an Open Society: Government consultation document; (6147)
4. Contingent Liabilities—Minute from the Department of Transport in respect of Contingent Liabilities arising from the Greater Anglia Franchise. (—)
4. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
(i) Draft Local Government in Scotland Act 2003 (Destination of Fixed Penalties in Scotland) Order 2004, together with an Explanatory Memorandum—
(ii) Draft Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004, together with an Explanatory Memorandum—
laid under the Scotland Act 1998.
5. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Housing (Right to Buy) (Designated Rural Areas ad Designated Regions) (England) Order 2004, laid under the Housing Act 1985; (418)
2. Town and Country Planning (Costs of Inquiries etc.) (Standard Daily Amount) (England) Regulations 2004, laid under the Town and Country Planning Act 1990; (421)
3. General Medical Services Transitional and Consequential Provisions Order 2004, laid under the Health and Social Care (Community Health and Standards) Act 2003; (433)
4. (i) Financial Services and Markets Act 2000 (Appointed Representatives) (Amendment) Regulations 2004— (453)
(ii) Financial Services and Markets Act 2000 (Transitional Provisions) (Complaints Relating to General Insurance and Mortgages) Order 2004— (454)
laid under the Financial Services and Markets Act 2000;
5. Kava-kava in Food (England) (Amendment) Regulations 2004, laid under the Food Safety Act 1990. (455)
6. Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:
Report by the Comptroller and Auditor General for Northern Ireland on the Management of Surplus Land and Property in the Health Estate, laid under the Northern Ireland Act 2000.
Select Committee Reports
7. Constitution Committee—The 4th Report from the Select Committee, on the Justice (Northern Ireland) Bill [HL], was made and ordered to be printed. (HL Paper 40)
8. Delegated Powers and Regulatory Reform—The following reports from the Select Committee were made and ordered to be printed:
7th Report, on the following bills:
National Insurance Contributions and Statutory Payments Bill;
Horserace Betting and Olympic Lottery Bill;
Companies (Audit, Investigations and Community Enterprise) Bill [HL]—Government response and Government amendment for Report Stage;
Planning and Compulsory Purchase Bill—Government amendment for Committee Stage; (HL Paper 41)
8th Report, on the Proposal for the draft Regulatory Reform (Museum of London) (Location of Premises) Order 2004; (HL Paper 42)
9th Report, Special Report on the Government Response to the Committee’s First (Special) Report. (HL Paper 43)
Private Business
9. London Local Authorities Bill [HL]—A message was brought from the Commons that they have made the following Orders:
That the promoters of the London Local Authorities Bill [Lords] may, notwithstanding anything in the Standing Orders or practice of this House, proceed with the Bill in the present Session; and the Petition for the Bill shall be deemed to have been deposited and all Standing Orders applicable to it shall be deemed to have been complied with;
That, if the Bill is brought from the Lords in the present Session, a declaration signed by the agent shall be deposited in the Private Bill Office, stating that the Bill is the same in every respect as the Bill brought from the Lords in the last Session;
That the Clerk in the Private Bill Office shall lay upon the Table of the House a certificate, that such a declaration has been deposited;
That in the present session the Bill shall be deemed to have passed through every stage through which it passed in the last Session, and shall be recorded in the Journal of the House as having passed those stages;
That no further fees shall be charged to such stages.
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 Earl Peel set down for today shall be limited to 3 hours and that in the name of the Lord Vinson to 2 hours; the motion was agreed to.
11. Countryside—It was moved by the Earl Peel that there be laid before the House papers relating to the situation in the countryside in the light of the Rural White Paper; after debate, the motion was (by leave of the House) withdrawn.
12. Public Audit (Wales) Bill [HL]—The bill was reported from the Grand Committee with amendments; it was ordered that the bill be printed as amended. (HL Bill 31)
13. Regulation—It was moved by the Lord Vinson that there be laid before the House papers relating to the unintended consequences of regulation; after debate, the motion was (by leave of the House) withdrawn.
14. European Union: taxation—The Lord Pearson of Rannoch asked Her Majesty’s Government whether direct taxation has been ceded to the European Union under the existing European treaties; after debate, the question was answered by the Lord Davies of Oldham.
The House was adjourned at five minutes before nine o’clock
till tomorrow, eleven 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 further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; it was ordered that the bill be reported with amendments.
The Committee was adjourned at half-past five o’clock. |
