HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Thursday 26th February 2004
The House met at a quarter before ten o’clock.
PRAYERS were read by the Lord Bishop of Peterborough.
Judicial Business
1. Regina v. Police Complaints Authority (Respondents) ex parte Green (FC) (Appellant)—It was moved by the Lord Bingham of Cornhill, That the 15th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 26 March 2002 be affirmed and the appeal dismissed with costs; that the amounts thereof, if any, to be paid by the appellant and to be paid out of the Community Legal Service Fund be certified by the Clerk of the Parliaments in accordance with section 11 of the Access to Justice Act 1999; and that the costs of the appellant be taxed in accordance with the Access to Justice Act 1999. [2004] UKHL 6
2. Her Majesty’s Commissioners of Customs and Excise (Appellants) v. Zielinski Baker & Partners Limited (Respondents)—It was moved by the Lord Hope of Craighead on behalf of the Lord Nicholls of Birkenhead, That the 16th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 17 May 2002 be set aside and that the Order of Mr Justice Etherton of 15 March 2001 be restored; that the appellants’ costs in the Court of Appeal be paid by the respondents; and that the respondents’ costs in this House be paid by the appellants, the amount such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties. [2004] UKHL 7
3. O’Brien (Respondent) v. Chief Constable of South Wales Police (Appellant) (England)—The appeal of the Chief Constable of South Wales Police was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 8th April next.
The House was adjourned during pleasure.
The House was resumed.
Papers
4. Instrument withdrawn—The following instrument, laid before the House on 11th February, was withdrawn:
Draft Royal Parks and Other Open Spaces (Amendment) Regulations 2004.
5. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. (i) Draft Courts Boards (Appointments and Procedure) Regulations 2004, together with an Explanatory Memorandum—
(ii) Draft Courts Boards Areas Order 2004, together with an Explanatory Memorandum—
laid under the Courts Act 2003;
2. Draft Army, Air Force and Naval Discipline Acts (Continuation) Order 2004, laid under the Armed Forces Act 2001, together with an Explanatory Memorandum.
6. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Special Trustees for St. Mary’s Hospital (Transfer of Trust Property) Order 2004, laid under the National Health Service Act 1977; (436)
2. Employment Equality (Religion or Belief) (Amendment) Regulations 2004, laid under the European Communities Act 1972; (437)
3. (i) Insolvency (Amendment) Regulations 2004— (472)
(ii) Insolvency Practitioners (Amendment) Regulations— (473)
(iii) Insolvency Practitioners and Insolvency Services Account (Fees) (Amendment) Order 2004— (476)
laid under the Insolvency Act 1986;
4. Statement of Changes in Immigration Rules, laid under the Immigration Act 1971. (—)
7. Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:
Amendment to Chapter 38 of The Queen’s Regulations for the Royal Air Force Relating to Retired Pay and Pensions, laid under the Air Force (Constitution) Act 1917.
Select Committee Reports
8. Human Rights—It was ordered that the evidence taken by the Joint Committee on 8th December 2003 be printed. (HL Paper 45)
Private Business
9. Mersey Tunnels Bill—The Chairman of Committees acquainted the House that he had appointed the Lady Saltoun of Abernethy and the Baroness McIntosh of Hudnall as members of the Select Committee on the bill in place of the Lord Chan and the Lord Evans of Parkside.
Public Business
10. Child Trust Funds Bill—It was moved by the Lord McIntosh of Haringey that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Grand Committee.
11. National Insurance Contributions and Statutory Payments Bill—It was moved by the Lord McIntosh of Haringey that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Grand Committee.
12. Guaranteed Minimum Pensions Increase Order 2004—It was moved by the Baroness Hollis of Heigham that the draft Order laid before the House on 22nd January be approved; after debate, the motion was agreed to.
13. Social Security Benefits Up-rating Order 2004—It was moved by the Baroness Hollis of Heigham that the draft Order laid before the House on 4th February be approved; the motion was agreed to.
14. Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2004—It was moved by the Baroness Hollis of Heigham that the draft Regulations laid before the House on 28th January be approved; after debate, the motion was agreed to.
15. Children (Leaving Care) Social Security Benefits (Scotland) Regulations 2004—It was moved by the Baroness Hollis of Heigham that the draft Regulations laid before the House on 4th February be approved; the motion was agreed to.
16. London theatres—The Lord Harrison asked Her Majesty’s Government how they will respond to the recent report by the Theatres’ Trust entitled Act Now: Modernising London’s West End Theatres; after debate, the question was answered by the Lord McIntosh of Haringey.
The House was adjourned at twenty-six minutes past five o’clock
to Monday next, half-past two o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
