HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Monday 10th May 2004
The House met at half past two o’clock.
PRAYERS were read by the Lord Bishop of Portsmouth.
1. Earldom of Balfour in the Peerage of the United Kingdom—The Petition of Roderick Francis Arthur Balfour claiming to have succeeded to the Earldom of Balfour in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the Earl of Balfour on his register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor to consider and report upon to the House pursuant to Standing Order 11.
Judicial Business
2. Bower (Petitioner) v. Stevens and another (Respondents)—The petition of Michael Bower praying for leave to appeal was presented and referred to an Appeal Committee (lodged 6th May).
3. Her Majesty’s Attorney General (Respondent) v. Scotcher (Appellant) (Criminal Appeal from Her Majesty’s High Court of Justice)—The appeal was set down for hearing and referred to an Appellate Committee.
4. Regina v. Secretary of State for the Home Department (Respondent) ex parte Khadir (FC) (Appellant)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 21st June next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
5. Regina v. Ashworth Hospital Authority (Appellants) and another ex parte Brogan (FC) (Respondent)—The respondent’s certificate of public funding was lodged and it was ordered that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 3rd June next.
6. Appeal Committee—The 43rd Report from the Appeal Committee was agreed to and the following Order was made—
In re Jordan (AP) (Petitioner) (Northern Ireland)—That the respondent be invited to lodge objections by 24th May.
7. Appeal Committee—The 44th Report from the Appeal Committee was agreed to and the following Order was made—
Government of the United States of America (Respondents) v. Barnette and another (Appellant)—That the petition of the Secretary of State for the Home Department that he might be heard or otherwise intervene in the said appeal be allowed.
8. Appeal Committee—The 45th Report from the Appeal Committee was agreed to and the following Orders were made—
Bayoumi (Respondent) v. Women’s Total Abstinence Educational Union Limited (Respondents) and another (Petitioner)—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.
Szoma (FC) (Petitioner) v. Secretary of State for the Department of Work and Pensions (Respondent)—That the respondent be invited to lodge objections by 24th May.
Rowland (Petitioner) v. Environment Agency (Respondents)—That the respondents be invited to lodge objections by 24th May.
Sahib Foods Limited (in liquidation) (Respondents) and others v. Paskin Kyriakides Sands (a firm) (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.
Birmingham City Council (Respondents) v. McCann (FC) (Petitioner)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.
Fraser and another (Petitioners) v. Canterbury Diocesan Board of Finance and others (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 24th May.
Birmingham City Council (Respondents) v. Bradney (FC) (Petitioner)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.
9. Appeal Committee—The 46th Report from the Appeal Committee was agreed to and the following Orders were made—
E I Du Pont De Nemours & Company (Respondents) v. S T Dupont (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.
Hill (Petitioner) v. Secretary of State for Transport, Local Government and the Regions 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.
Ad Valorem Factors Limited (Respondents) v. Ricketts (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 24th May.
Co-operative Group (CWS) Limited (Respondents) v. Fujitsu Services Limited (formerly International Computers Limited) (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.
Evans (Petitioner) v. First Secretary of State 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.
Regina v. North Yorkshire County Council and another (Respondents) ex parte Richardson and another (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.
Papers
10. Command Paper—The following paper, having been presented to the House by command of Her Majesty on the 7th May, was ordered to lie on the Table:
Transport—Government Response to the Report of the House of Commons Transport Committee on the Regulation of Taxis and Private Hire Vehicle Services. (6183)
11. Statutory Instruments (Standing Order 71)—The following negative instruments, having been laid before the House on 7th May, were ordered to lie on the Table:
1. Private Security Industry Act 2001 (Modification of Local Enactments) (No. 2) Order 2004, laid under the Private Security Industry Act 2001; (1268)
2. Working Tax Credit (Entitlement and Maximum Rate) (Amendment) Regulations 2004, laid under the Tax Credits Act 2002. (1276)
12. Regulatory Reform—The following order was laid before the House under section 6(1) of the Regulatory Reform Act 2001 and referred to the Delegated Powers and Regulatory Reform Committee:
Draft Regulatory Reform (Fire Safety) Order 2004, together with a statement by the Office of the Deputy Prime Minister.
13. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. (i) Draft Licensing (Indoor Arenas) (Northern Ireland) Order 2004, together with an Explanatory Memorandum—
(ii) Mental Health (Amendment) (Northern Ireland) Order 2004— (1272)
laid under the Northern Ireland Act 2000;
2. Draft Broadcasting (Original Productions) Order 2004, laid under the Communications Act 2003, together with an Explanatory Memorandum.
14. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. EC/Swiss Air Transport Agreement (Consequential Amendments) Regulations 2004, laid under the European Communities Act 1972; (1256)
2. (i) Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Guildford) Order 2004— (1278)
(ii) Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Reigate and Banstead) Order 2004— (1285)
laid under the Road Traffic Act 1991;
3. Education (Outturn Statements) (England) Regulations 2004, laid under the Schools Standards and Framework Act 1998. (1279)
15. Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:
Statement on remuneration and allowances payable to members of the Covent Garden Market Authority, laid under the Covent Garden Market Act 1961.
Public Business
16. Armed Forces (Pensions and Compensation) Bill—A bill to make new provision for establishing pension and compensation schemes for the armed or reserve forces; to amend the Pensions Appeal Tribunals Act 1943; to provide for the transfer of the property, rights and liabilities of the Royal Patriotic Fund Corporation to a registered charity; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 70)
17. Armed Forces (Pensions and Compensation) Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 70-EN)
18. Charities—It was moved by the Chairman of Committees that the Commons message of 4th May be now considered, and that a Committee of six Lords be appointed to join with the Committee appointed by the Commons to consider and report on any draft Charities Bill presented to both Houses by a Minister of the Crown;
That, as proposed by the Committee of Selection, the Lords following be named of the Committee:
L. Best
E. Caithness
L. Campbell-Savours | B. McIntosh of Hudnall
L. Phillips of Sudbury
L. Sainsbury of Preston Candover; |
That the Committee have power to agree with the Commons in the appointment of a Chairman;
That the Committee have leave to report from time to time;
That the Committee have power to appoint specialist advisers;
That the Committee have power to adjourn from place to place within the United Kingdom;
That the quorum of the Committee shall be two;
That the reports of the Committee from time to time shall be printed, notwithstanding any adjournment of the House; and
That the Committee do report on the draft Bill by 30th September 2004;
the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.
19. Higher Education Bill—The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed for a statement; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed.
20. United Nations—The Lord Ahmed asked Her Majesty’s Government whether they support strengthening of the United Nations; after debate, the question was answered by the Lord Davies of Oldham.
The House was adjourned during pleasure.
The House was resumed.
21. Higher Education Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed after clause 19 stood part.
The House was adjourned at a quarter before eleven o’clock
till tomorrow, half-past two o’clock.
PAUL HAYTER
Clerk of the Parliaments
APPENDIX
PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)
The Committee met at half-past three o’clock.
Civil Partnership Bill [HL]—The bill was considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after clause 2 stood part.
The Committee was adjourned at twenty-six minutes past seven o’clock. | 
