HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Tuesday 30th March 2004
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Peterborough.
Judicial Business
1. In re McKerr (AP) (Respondent) (Northern Ireland)—Further to the Judgment of the House of 11th March (21st Report from the Appellate Committee, [2004] UKHL 12), it was ordered that the Order of Mr Justice Campbell of 26th July 2002 and the Order of the Court of Appeal in Northern Ireland of 10th January 2003 be set aside so far as regards any mention of costs in either of those Orders; that there be no order as to costs in the High Court of Justice in Northern Ireland or the Court of Appeal in Northern Ireland; that the respondent do pay to the appellant his costs in this House, such order not to be enforced without the leave of the House; that, upon application by the appellant, his costs in this House be paid out of the Legal Aid Fund in accordance with Article 16 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, such order to be suspended for four weeks to allow the Legal Aid Board to object if they wish; and that the respondent’s costs in this House be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.
2. Regina v. Gleeson (Petitioner)—The petition of John Vincent Gleeson, praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee.
Papers
3. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. Finance—Treasury Minutes on the Fourth, Sixth, Seventh and Eighth Reports from the Committee of Public Accounts. (6155)
2. Transport—Government Response to the Report of the House of Commons Transport Committee on the Department of Transport’s Annual Report for 2003. (6157)
4. Negative Instrument—The following instruments were laid before the House and ordered to lie on the Table:
1. Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2004, laid under the Sexual Offences Act 2003; (875)
2. (i) National Health Service (Travel Expenses and Remission of Charges) and (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2004— (936)
(ii) NHS Professionals Special Health Authority (Establishment and Constitution) Revocation and Amendment Order 2004— (951)
laid under the National Health Service Act 1977;
3. Communications Act 2003 (Consequential Amendments) Order 2004, laid under the Communications Act 2003; (945)
4. Financial Services and Markets Act 2000 (Transitional Provisions, Repeals and Savings) (Financial Services Compensation Scheme) (Amendment) Order 2004, laid under the Financial Services and Markets Act 2000; (952)
5. Scotland Act 1998 (Designation of Receipts) Order 2004, laid under the Scotland Act 1998. (953)
5. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Annual Plan for 2004-05 of the Office of Fair Trading, laid under the Enterprise Act 2002;
2. Census 2001: Key Statistics for postcode sectors in England and Wales, laid under the Census Act 1920.
Select Committee Reports
6. Statutory Instruments—The 14th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:
Draft Accession (Immigration and Worker Registration) Regulations 2004;
Draft Merchant Shipping (Convention on Limitation of Liability for Maritime Claims) (Amendment) Order 2004;
Sexual Offences Act 2003 (Travel Notification Requirements) Regulations 2004;
it was ordered that the Report be printed. (HL Paper 65)
7. European Union—The following Reports from the Select Committee were made and ordered to be printed, together with the Minutes of Evidence:
The Rome II Regulation; (8th Report-HL Paper 66)
The Working Time Directive: A Response to the European Commission’s Review. (9th Report-HL Paper 67)
Public Business
8. Civil Partnership Bill [HL]—A bill to make provision for and in connection with civil partnership was presented by the Baroness Scotland of Asthal, read a first time and ordered to be printed. (HL Bill 53)
9. Civil Partnership Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 53-EN)
10. Employment Relations Bill—A bill to amend the law relating to the recognition of trade unions and the taking of industrial action; to make provision about means of voting in ballots under the Trade Union and Labour Relations (Consolidation) Act 1992; to amend provisions of that Act relating to rights of members and non-members of trade unions and to make other provision about rights of trade union members, employees and workers; to make further provision concerning the enforcement of legislation relating to minimum wages; to make further provision about proceedings before and appeals from the Certification Officer; to make further provision about the amalgamation of trade unions; to make provision facilitating the administration of trade unions and the carrying out by them of their functions; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 54)
11. Employment Relations Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 54-EN)
12. Business of the House—It was moved by the Lord President (Baroness Amos) that leave be given to advance the Grand Committee on the Horserace Betting and Olympic Lottery Bill from Monday 5th April to tomorrow; the motion was agreed to.
13. Asylum and Immigration (Treatment of Claimants, etc.) Bill—It was moved by the Baroness Scotland of Asthal that it be an instruction to the Committee of the Whole House to which the Asylum and Immigration (Treatment of Claimants, etc.) Bill has been committed that they consider the bill in the following order:
Clauses 1 to 14
Schedules 1 and 2
Clauses 15 to 18
Schedule 3 |
Clauses 19 to 32
Schedule 4
Clauses 33 to 35; |
the motion was agreed to.
14. National Insurance Contributions and Statutory Payments Bill—The report was received.
15. European Parliamentary and Local Elections (Pilots) Bill—The Commons reason was considered; a motion that the House do insist on a Lords amendment to which the Commons had disagreed was agreed to (see division list 1); a Committee was appointed to propose a reason for such insistence.
The Lords following were named of the Committee:
The Committee reported that they had proposed the following reason in respect of the insistence on Lords amendment 1F:
“Because it is appropriate to pilot postal voting in three rather than four regions”.
The Report was agreed to; then the bill was returned to the Commons with a reason.
16. Energy Bill [HL]—The bill was further considered on report; amendments were agreed to; an amendment was moved and (by leave of the House) withdrawn; amendments were agreed to (see division lists 2 and 3); the debate on amendment 217H was adjourned; further consideration on report was adjourned.
17. Children Bill [HL]—It was moved by the Baroness Ashton of Upholland that the bill be now read a second time; after debate, the motion was agreed to.
18. European Parliamentary and Local Elections (Pilots) Bill—The bill was returned from the Commons with an amendment which the Lords had insisted on disagreed to but with an amendment proposed in lieu thereof; the Commons amendment was ordered to be printed. (HL Bill 55)
The House was adjourned at twenty-six minutes past eleven o’clock
till tomorrow, half-past two o’clock.
PAUL HAYTER
Clerk of the Parliaments
CORRECTION
In the Minutes of Proceedings of 22nd March, the following item which was included in item 12 (Statutory Instruments laid under Standing Order 71) should have appeared in item 15 (Papers not subject to parliamentary proceedings):
Pet Travel Scheme (Pilot Arrangements) (England) (Amendment) Order 2004, laid under the Animal Health Act 1981. (828) | 
