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Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Tuesday 9th March 2004

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

PRAYERS were read by the Lord Bishop of Chelmsford.

Judicial Business

1.  Regina v. Her Majesty’s Commissioners of Inland Revenue (Respondents) ex parte Wilkinson (FC) (Appellant) (England)—The appeal of Adrian John Wilkinson was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 20th April next.

2.  Shamil Bank of Bahrain EC (Respondents) v. Beximco Pharmaceuticals Limited and others (Petitioners)—The petition of Beximco Pharmaceuticals Limited, Bangladesh Export Import Company Limited, Ahmed Sohail Fasiuhar Rahman, Ahmed Salman Fazlur Rahman and Beximco Holdings Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 26th February).

3.  Royal Bank of Scotland plc (Respondents) v. Fielding (Petitioner)—The petition of Sandra Estelle Fielding praying for leave to appeal was presented and referred to an Appeal Committee.

4.  Society of Lloyd’s (Respondents) v. Laws and others (Petitioners) (second petition)—The petition of Eric Nigel Laws and others praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

5.  Greenalls Management Limited (Respondents) v. Her Majesty’s Commissioners of Customs and Excise (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee.

6.  Regina v. Her Majesty’s Commissioners of Customs and Excise (Respondents) ex parte Cardiff City Council (Appellants)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.

Papers

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

    Draft Employment Zones (Allocation to Contractors) Pilot Regulations 2004, laid under the Jobseekers Act 1995, together with an Explanatory Memorandum.

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

    1.    (i)  General Social Care Council (Description of Persons to be Treated as Social Care Workers) Regulations 2004—    (561)

      (ii)  General Social Care Council (Registration) (Description of Social Care Workers) Order 2004—  (562)

      laid under the Care Standards Act 2000;

    2.  Social Security (Miscellaneous Amendments) Regulations 2004, laid under the Social Security Contributions and Benefits Act 1992;    (565)

    3.  Health and Social Care (Community Health and Standards) Act 2003 (Isles of Scilly) Order 2004, laid under the Health and Social Care (Community Health and Standards) Act 2003;    (567)

    4.    (i)  NHS Direct (Establishment and Constitution) Order 2004—    (569)

      (ii)     NHS Direct Regulations 2004—  (570)

      laid under the National Health Service Act 1977;

    5.    (i)  Education (Hazardous Equipment and Materials) (England) Regulations 2004—    (571)

      (ii)     Kingston-upon-Hull City Council (School Meals) Order 2004—  (592)

      laid under the Education Act 2002;

    6.  Teachers’ Pensions (Amendment) Regulations 2004, laid under the Superannuation Act 1972;    (587)

    7.  Tribunals and Inquiries (Dairy Produce Quota Tribunal) Order 2004, laid under the Tribunals and Inquiries Act 1992;    (594)

    8.  Land Registration Fee Order 2004, laid under the Land Registration Act 2002;    (595)

    9.  Blood Tests (Evidence of Paternity) (Amendment) Regulations 2004, laid under the Family Law Reform Act 1969;    (596)

    10.  Community Legal Service (Funding) (Amendment) Order 2004, laid under the Access to Justice Act 1999;    (597)

    11.  Service Subsidy Agreements (Tendering) (England) (Amendment) Regulations 2004, laid under the Transport Act 1985;    (609)

    12.  Motor Vehicles (Approval) (Amendment) Regulations 2004, laid under the Road Traffic Act 1988;    (623)

    13.  Environmental Protection (Waste Recycling Payments) (England) Regulations 2004, laid under the Environmental Protection Act 1990;    (639)

    14.  Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) (England) (Amendment) Regulations 2004, laid under the Wildlife and Countryside Act 1981;    (640)

    15.  Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) (Amendment) Regulations 2004, laid under the Food Safety Act 1990.    (649)

Select Committee Report

9.  Statutory Instruments—The 11th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

      Draft Army, Air Force and Naval Discipline Acts (Continuation) Order 2004;

      Draft Courts Boards (Appointments and Procedure) Regulations 2004;

      Draft Courts Boards Areas Order 2004;

      Draft Jobseeker’s Allowance (Amendment) Regulations 2004;

      Draft Local Government in Scotland Act 2003 (Destination of Fixed Penalties in Scotland) Order 2004;

      Draft Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004;

    it was ordered that the Report be printed. (HL Paper 50)

Private Business

10.  Mersey Tunnels Bill—The bill was reported from the Select Committee without amendment and a Special Report was made; the Chairman of Committees directed pursuant to Private Business Standing Order 121(1)(b) that the bill be not re-committed to an Unopposed Bill Committee; it was ordered that the Special Report be printed. (HL Paper 54)

Public Business

11.  European Parliamentary and Local Elections (Pilots) Bill—The bill was returned from the Commons with an amendment disagreed to with a reason for such disagreement, with another amendment agreed to with an amendment, and with the remaining amendments agreed to; the Commons amendment and reason were ordered to be printed. (HL Bill 41)

12.  Budget (Northern Ireland) Order 2004—It was moved by the Lord President (Baroness Amos) that the draft Order laid before the House on 5th February be approved; the motion was agreed to.

13.  Rates (Amendment) (Northern Ireland) Order 2004—It was moved by the Lord President (Baroness Amos) that the draft Order laid before the House on 10th February be approved; then it was moved by the Lord Laird, as an amendment thereto, to leave out all the words after “That” and insert “this House declines to approve the draft Order laid before the House on 10th February”; after debate, the amendment was (by leave of the House) withdrawn; then the original motion was agreed to.

14.  Domestic Violence, Crime and Victims Bill [HL]—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; an amendment was agreed to (see division list 1); an amendment was agreed to; further consideration on report was adjourned.

15.  Women—The Baroness Gould of Potternewton asked Her Majesty’s Government what progress has been made on the status of women in the United Kingdom; after debate, the question was answered by the Baroness Scotland of Asthal.

16.  Domestic Violence, Crime and Victims Bill [HL]—The bill was further considered on report; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; an amendment was disagreed to (see division list 2); further consideration on report was adjourned after amendment 37.

The House was adjourned at seven minutes past ten o’clock

till tomorrow, half-past two o’clock.

PAUL HAYTER

  Clerk of the Parliaments

 
 
 
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Prepared: 10 march 2004