HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Thursday 25th March 2004
The House met at eleven o’clock.
PRAYERS were read by the Lord Bishop of Portsmouth.
Judicial Business
1. Langham (Her Majesty’s Inspector of Taxes) (Respondent) v. Veltema (Petitioner)—The petition of Frederick Veltema praying for leave to appeal was presented and referred to an Appeal Committee.
2. Davis and others (Petitioners) v. Tonbridge and Malling Borough Council (Respondents)—The petition of Lyn Marie Davis and others praying for leave to appeal was presented and referred to an Appeal Committee.
3. Regina v. Her Majesty’s Commissioners of Customs and Excise (Respondents) ex parte Cardiff City Council (Appellants)—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 27th May next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
4. Regina v. Secretary of State for Environment, Food and Rural Affairs (Respondent) ex parte Feakins (Petitioner)—Upon application by the petitioner (the agents for the respondent consenting thereto), it was ordered that the petition be withdrawn and that there be no order as to costs.
5. Appeal Committee—The following Orders were made pursuant to the 24th Report:
Agco Limited (Respondents) v. Massey Ferguson Works Pension Trust Limited (Respondents) and others (Petitioners)—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 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.
6. Appeal Committee—The 30th Report from the Appeal Committee was agreed to and the following Orders were made—
Marks and Spencer plc (Petitioners) v. Her Majesty’s Commissioners of Customs and Excise (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 8th April next.
Niru Battery Manufacturing Company and others (Respondents) v. Milestone Trading Limited and others and others (Petitioners)—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.
Teva Pharmaceutical Industries Limited and others (Respondents) v. Istituto Gentili SpA and others (Petitioners)—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.
BMBF (No.24) Limited (Petitioners) v. Her Majesty’s Commissioners of Inland Revenue (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 8th April next.
Hudson and others (Petitioners) v. Her Majesty’s Treasury and another (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.
Regina v. Financial Services Compensation Scheme (Petitioners) ex parte Geologistics Limited (formerly LEP International) (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.
In re G (children) (FC)—That the respondent be invited to lodge objections by 8th April next.
Papers
7. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. Conservation—Agreement on the Conservation of Albatrosses and Petrels, together with an Explanatory Memorandum; (5826)
2. Immigration—Government Response to the Report of the House of Commons Home Affairs Committee on Asylum Applications. (6166)
8. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft Accession (Immigration and Worker Registration) Regulations 2004, laid under the European Communities Act 1972, together with an Explanatory Memorandum;
2. Draft Sexual Offences Act 2003 (Travel Notification Requirements) Regulations 2004, laid under the Sexual Offences Act 2003, together with an Explanatory Memorandum.
9. Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:
Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004, laid under the National Health Service Act 1977. (906)
10. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Report and Accounts for 2002-03 of the Food Standards Agency, laid under the Food Standards Act 1999;
2. (i) Report and Accounts for 2002-03 of the Criminal Injuries Compensation Authority—
(ii) Report and Accounts for 2002-03 of the Criminal Injuries Compensation Appeals Panel—
laid under the Criminal Injuries Compensation Act 1995;
3. Accounts for 2002-03 of the Great Yarmouth Education Action Zone, laid under the School Standards and Framework Act 1998, together with the Report of the Comptroller and Auditor General.
Select Committee Report
11. Draft Gambling Bill—The Report from the Joint Committee was made and ordered to be printed, together with the Minutes of Evidence. (HL Paper 63)
Public Business
12. Business of the House—It was moved by the Lord President (Baroness Amos) that leave be given to advance the motions for approval of the Community Legal Services (Scope) Regulations 2004; the Courts Boards Areas Order 2004; and the Courts Boards (Appointments and Procedure) Regulations 2004 from Thursday 1st April to Tuesday 30th March; the motion was agreed to.
13. Business of the House—It was moved by the Lord President (Baroness Amos) that Standing Order 41 (Arrangement of the Order Paper) be dispensed with on Thursday 1st April to allow the motions standing in the names of the Lord Lucas and the Lord Shutt of Greetland to be taken immediately after the Public Audit (Wales) Bill [HL]; the motion was agreed to.
14. Public Audit (Wales) Bill [HL]—It was moved by the Lord Evans of Temple Guiting that the amendments for the Report stage be marshalled and considered in the following order:
Clauses 1 to 50
Schedule 1
Clauses 51 to 64
Schedule 2
Clauses 65 and 66 |
Schedule 3
Clauses 67 to 70
Schedule 4
Clauses 71 to 73; |
the motion was agreed to.
15. National Minimum Wage Regulations 1999 (Amendment) Regulations 2004—It was moved by the Lord Davies of Oldham that the draft Regulations laid before the House on 18th March be approved; the motion was agreed to.
16. Domestic Violence, Crime and Victims Bill [HL]—The bill was read a third time; an amendment was disagreed to (see division list 1); amendments were moved and (by leave of the House) withdrawn; amendments were agreed to (see division lists 2 to 4); amendments were agreed to; a privilege amendment was agreed to; then the bill was passed and sent to the Commons.
17. European Parliamentary and Local Elections (Pilots) Bill—The Commons Reason was considered; the Lords amendment was not insisted on and an amendment in lieu thereof was agreed to (see division list 5); then the bill was returned to the Commons with an amendment.
18. Planning and Compulsory Purchase Bill—The Queen’s consent was signified; the bill was read a third time; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; amendments were disagreed to (see division lists 6, 7 and 10); amendments were agreed to (see division lists 8 and 9); then the bill was passed and returned to the Commons with amendments.
The House was adjourned at a quarter before nine o’clock
till tomorrow, eleven o’clock.
PAUL HAYTER
Clerk of the Parliaments
APPENDIX
PROCEEDINGS OF THE GRAND COMMITTEE (IN COMMITTEE ROOM 3A AND 4B)
The Committee met at a quarter past three o’clock.
Companies (Audit, Investigations and Community Enterprise) Bill [HL]—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after amendment 115.
The Committee was adjourned at twelve minutes past seven o’clock.
CORRECTION
In the Minutes of Proceedings of 23rd March the following item, which appeared as item 2 (Paper not subject to parliamentary proceedings), should have appeared as an Affirmative Instrument subject to approval by resolution:
Draft Guidance issued under Section 182 of the Licensing Act 2003 and Draft Guidance to Police Officers on the Operation of Closure Powers in Part 8 of the Licensing Act 2003, laid under that Act. | 
