HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Thursday 11th March 2004
The House met at a quarter before ten o’clock.
PRAYERS were read by the Lord Bishop of Chelmsford.
Judicial Business
1. Regina v. Her Majesty’s Coroner for the Western District of Somerset (Respondent) and another (Appellant) ex parte Middleton (FC) (Respondent)—The 19th Report from the Appellate Committee was made and ordered to be printed (HL Paper 51). It was moved by the Lord Bingham of Cornhill, That the Report be agreed to; the motion was agreed to. It was ordered and adjudged that the declaration of the Court of Appeal made in the Order of the Court of Appeal of 27 March 2002 be set aside; that the order for costs made by the Court of Appeal be undisturbed; that there be no order as to the costs of the appeal to this House save for provision for funded client taxation; and that the costs of the respondent Middleton in this House be taxed in accordance with the Access to Justice Act 1999. [2004] UKHL 10
2. Regina v. Her Majesty’s Coroner for the County of West Yorkshire (Appellant) ex parte Sacker (FC) (Respondent)—The 20th Report from the Appellate Committee was made and ordered to be printed (HL Paper 52). It was moved by the Lord Bingham of Cornhill, That the Report be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 27 February 2003 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the respondent Sacker in this House be taxed in accordance with the Access to Justice Act 1999. [2004] UKHL 11
3. In re McKerr (AP) (Respondent) (Northern Ireland)—It was moved by the Lord Nicholls of Birkenhead, That the 21st 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 in Northern Ireland of 10 January 2003 be set aside save as to legal aid taxation; that the Order of Mr Justice Campbell of 26 July 2002 be restored and the respondent’s application for judicial review dismissed; and that the question of costs be adjourned for later consideration. [2004] UKHL 12
4. Oxfordshire County Council (Petitioners) v. Oxford City Council and another (Respondents)—The petition of Oxfordshire County Council praying for leave for an appeal to be brought direct from the High Court of Justice in accordance with Part II of the Administration of Justice Act 1969 was presented and referred to an Appeal Committee.
5. Her Majesty’s Commissioners of Inland Revenue (Appellants) v. Scottish Provident Institution (Respondents) (Scotland)—The appeal was set down for hearing and referred to an Appellate Committee.
The House was adjourned during pleasure.
The House was resumed.
Papers
6. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. Pay Review Bodies—Report of the Review Body on Doctors’ and Dentists’ Remuneration; (6127)
2. Coroner Services—Reforming the Coroner and Death Certification Service: Government Proposals; (6159)
3. Defence—Minute from the Ministry of Defence on the Non-Insurance of the Submarine Reactor Fuel “Core Factory”. (—)
7. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft European Parliament (Disqualification) (United Kingdom and Gibraltar) Order 2004, laid under the European Parliamentary Elections Act 2002, together with an Explanatory Memorandum;
2. Draft European Parliament (Number of MEPs) (United Kingdom and Gibraltar) Order 2004, laid under the European Parliament (Representation) Act 2003, together with an Explanatory Memorandum;
3. Draft Lay Magistrates (Eligibility) (Northern Ireland) Order 2004, laid under the Justice (Northern Ireland) Act 2002, together with an Explanatory Memorandum;
4. Draft Non-Domestic Rating (Chargeable Amounts) (Amendment) (England) Regulations 2004, laid under the Local Government Finance Act 1988, 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) National Health Service (Performers Lists) Regulations 2004— (585)
(ii) National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2004— (614)
(iii) National Health Service (Personal Medical Services Agreements) Regulations 2004— (627)
(iv) National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) Regulations 2004— (629)
(v) National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2004— (642)
(vi) NHS Professionals Special Health Authority (Establishment and Constitution) Amendment Order 2004— (648)
(vii) National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2004— (663)
laid under the National Health Service Act 1977;
2. Merchant Shipping (Light Dues) (Amendment) Regulations 2004, laid under the Merchant Shipping Act 1995; (610)
3. (i) Commission for Social Care Inspection (Children’s Rights Director) Regulations 2004— (615)
(ii) Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004— (696)
laid under the Health and Social Care (Community Health and Standards) Act 2003;
4. Police (Complaints and Misconduct) Regulations 2004, laid under the Police Act 1997; (643)
5. Police Authorities (Best Value) Performance Indicators Order 2004, laid under the Local Government Act 1999; (644)
6. Police (Conduct) Regulations 2004, laid under the Police Act 1996; (645)
7. Income-related Benefits (Subsidy to Authorities) Amendment Order 2004, laid under the Social Security Administration Act 1992; (646)
8. (i) Independent Police Complaints Commission (Staff Conduct) Regulations 2004— (660)
(ii) Independent Police Complaints Commission (Transitional Provisions) Order 2004— (671)
(iii) Independent Police Complaints Commission (Forces Maintained Otherwise than by Police Authorities) Order 2004— (672)
laid under the Police Reform Act 2002;
9. Communications (Television Licensing) Regulations 2004, laid under the Communications Act 2003; (692)
10. (i) Evaluation of Active Substances for Pesticides (Fees) (Amendment) Regulations 2004— (694)
(ii) Fees for Assessment of Active Substances (Third Stage Review) Regulations 2004— (695)
laid under the European Communities Act 1972;
11. Advocacy Services and Representations Procedure (Children) (Amendment) Regulations 2004, laid under the Children Act 1989; (719)
12. Draft Greenwich Park, Hyde Park and The Regent’s Park (Vehicle Parking) (Amendment) Regulations 2004, laid under the Parks Regulation (Amendment) Act 1926. (—)
Public Business
9. Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21 to 23) Order 2004—It was moved by the Baroness Scotland of Asthal that the draft Order laid before the House on 20th January be approved; then it was moved by the Lord Holme of Cheltenham, as an amendment thereto, at end to insert “but this House calls on Her Majesty’s Government to replace Part 4 of the Anti-terrorism, Crime and Security Act 2001 with alternative provisions which do not require derogation from the European Convention on Human Rights”; after debate, the amendment was disagreed to (see division list 1); then the original motion was agreed to.
10. Police (Northern Ireland) Act 2000 (Renewal of Temporary Provisions) Order 2004—It was moved by the Lord President (Baroness Amos) that the draft Order laid before the House on 12th 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 12th February”; after debate, the amendment was disagreed to (see division list 2); then the original motion was agreed to.
11. 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; amendments were disagreed to (see division lists 3 and 4); further consideration on report was adjourned after amendment 75A.
The House was adjourned at three minutes before seven o’clock
to Monday next, half-past two o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
