HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Monday 29th March 2004
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Peterborough.
Judicial Business
1. Dunnachie (Respondent) v. Kingston-upon-Hull City Council (Appellants) (England)—The appeal of Kingston-upon-Hull City Council was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 10th May next.
2. Regina v. Secretary of State for the Home Department (Respondent) ex parte Khadir (FC) (Appellant) (England)—The appeal of Nori Khadir was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 10th May next.
3. Regina v. Ashworth Hospital Authority (now Mersey Care National Health Service Trust) (Appellants) ex parte Munjaz (FC) (Respondent)—The petition of the Secretary of State for Health praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.
4. Appeal Committee—The following Orders were made pursuant to the 21st Report:
Regina v. Bow Street Magistrates’ Court and another (Petitioner) ex parte Lloyd (Respondent)—That leave to appeal be refused.
In re Sutej (Petitioner) (application for a writ of Habeas Corpus)—That leave to appeal be refused.
Regina v. Bow Street Magistrates’ Court ex parte Government of the United States of America (Respondents) and Lemieux (FC) and another (FC) (Petitioners)—That leave to appeal be refused and that the costs of the petitioners be taxed in accordance with the Access to Justice Act 1999.
5. Appeal Committee—The 31st Report from the Appeal Committee was agreed to and the following Orders were made—
Kaberry (Petitioner) v. Freeth Cartwright (formerly Freeth Cartwright Hunt Dickens) (a firm) 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.
Loftus-Brigham and another (Respondents) v. London Borough of Ealing (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.
Bolton Metropolitan Borough Council (Respondents) v. Torkington (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.
In re D (a child appearing by her guardian ad litem) (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 12th April next.
Wardlaw (Petitioner) v. Farrar (Respondent)—That leave to appeal be refused; that the respondent be at liberty to apply for his 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.
Sherman (Petitioner) and others v. Perkins and others and others (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.
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. Terrorism—Government Response to the 2nd Report from the House of Commons Foreign Affairs Committee on Foreign Policy Aspects of the War Against Terrorism; (6162)
2. Crime—One Step Ahead: a 21st Century Strategy to Defeat Organised Crime: Government Proposals. (6167)
7. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i) Private Security Industry Act 2001 (Modification of Local Enactments) Order 2004— (916)
(ii) Private Security Industry Act 2001 (Designated Activities) Order 2004— (917)
laid under the Private Security Industry Act 2001;
2. (i) Merchant Shipping (Gas Carriers) (Amendment) Regulations 2004— (929)
(ii) Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) (Amendment) Regulations 2004— (930)
laid under the Merchant Shipping Act 1995;
3. Enterprise Act 2002 (Part 8) (Designation of the Financial Services Authority as a Designated Enforcer) Order 2004, laid under the Enterprise Act 2002; (935)
4. Freedom of Information (Additional Public Authorities) Order 2004, laid under the Freedom of Information Act 2000; (938)
5. Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2004, laid under the Social Security Contributions and Benefits Act 1992. (944)
8. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Accounts for the period 1st April to 31st December 2003 of the following Education Action Zones together with the Reports of the Comptroller and Auditor General:
(ii) Kitts Green and Shard End—
laid under the School Standards and Framework Act 1998;
2. Accounts for the period 1st April to 31st August 2003 of the Herefordshire Education Action Zone, laid under the School Standards and Framework Act 1998, together with the Report of the Comptroller and Auditor General;
3. Accounts for 2002-03 of the Sports Council for Northern Ireland Lottery Distribution Account, laid under the National Lottery etc. Act 1993, together with the Report of the Comptroller and Auditor General;
4. Statement of Guarantee in respect of temporary borrowing by the Civil Aviation Authority, laid under the Civil Aviation Act 1982;
5. Legal Services Commission Funding Code Procedures Amendments 2004, laid under the Access to Justice Act 1999;
6. Guidance for summoning officers when considering deferral and excusal applications, laid under the Criminal Justice Act 2003.
Select Committee Report
9. Human Rights—The 10th Report from the Joint Committee, Scrutiny of Bills: Fourth Progress Report, was made and ordered to be printed. (HL Paper 64)
Private Business
10. University of Manchester Bill [HL]—The Examiner’s certificate that the further Standing Orders had been complied with was ordered to lie on the Table and the bill was committed to an Unopposed Bill Committee.
Public Business
11. Horserace Betting and Olympic Lottery Bill—It was moved by the Lord Grocott, on behalf of the Lord McIntosh of Haringey, that it be an instruction to the Grand Committee to which the Horserace Betting and Olympic Lottery Bill has been committed that they consider the bill in the following order:
Clauses 1 to 10
Schedule 1
Clauses 11 to 13
Schedule 2
Clauses 14 to 16
Schedule 3
Clause 17 |
Schedule 4
Clauses 18 to 29
Schedule 5
Clauses 30 to 38
Schedule 6
Clauses 39 to 42; |
the motion was agreed to.
12. Air Traffic Emissions Reduction Bill [HL]—The bill was read a third time; a privilege amendment was agreed to; then the bill was passed and sent to the Commons.
13. Energy Bill [HL]—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; further amendments were agreed to (see division lists 1 and 2); further consideration on report was adjourned.
14. Companies (Audit, Investigations and Community Enterprise) Bill [HL]—The bill was reported from the Grand Committee with amendments; it was ordered that the bill be printed as amended. (HL Bill 51)
15. European Parliamentary and Local Election (Pilots) Bill—The bill was returned from the Commons with a Lords amendment to a Commons amendment disagreed to with a reason for such disagreement; the reason was ordered to be printed. (HL Bill 52)
16. Zimbabwe—The Baroness Park of Monmouth asked Her Majesty’s Government what is their policy towards Zimbabwe in the light of the Commonwealth Heads of Government meeting in Abuja; after debate, the question was answered by the Baroness Symons of Vernham Dean.
17. Energy Bill [HL]—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; further consideration on report was adjourned after amendment 216.
The House was adjourned at one minute past eleven o’clock
till tomorrow, half-past two o’clock.
PAUL HAYTER
Clerk of the Parliaments
APPENDIX
PROCEEDINGS OF THE GRAND COMMITTEE (IN COMMITTEE ROOM 3A AND 4B)
The Committee met at half-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; amendments were agreed to; it was ordered that the bill be reported with amendments.
The Committee was adjourned at sixteen minutes past seven o’clock. | 
