HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Monday 12th July 2004
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Worcester.
1. Baroness Neuberger—Dame Julia Babette Sarah Neuberger, DBE, having been created Baroness Neuberger, of Primrose Hill in the London Borough of Camden for life by Letters Patent dated in the forenoon of 15th June 2004, was introduced between the Baroness Williams of Crosby and the Baroness Prashar, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.
2. Lord Ballyedmond—Edward Enda Haughey Esquire, OBE, having been created Baron Ballyedmond, of Mourne in the County of Down for life by Letters Patent dated in the forenoon of 18th June 2004, was introduced between the Lord Henley and the Lord Maginnis of Drumglass, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.
3. Earldom of Scarbrough in the Peerage of England—The Lord Chancellor reported that Richard Osbert Lumley had established his succession to the Earldom of Scarbrough in the Peerage of England. The Clerk of the Parliaments was accordingly directed to enter the Earl of Scarbrough on the register of hereditary peers maintained under Standing Order 10(5).
Judicial Business
4. Regina v. Secretary of State for the Home Department (Appellant) ex parte Smith (Respondent) and one other action (England)—The appeal of the Secretary of State for the Home Department was presented and it was ordered that, notwithstanding Standing Order VI, the statement and appendix thereto be lodged on or before 4th October next.
5. Hammond (Petitioner) v. Commissioner of Police for the Metropolis and others (Respondents) and others—The petition of Terry Hammond praying for leave to appeal was presented and referred to an Appeal Committee.
6. Regina v. Secretary of State for the Home Department (Petitioner) ex parte Tum (Respondent) and one other action—The petition of the Secretary of State for the Home Department praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
7. Tomkins (Petitioner) v. Basildon District Council (Respondents)—The petition of Gladys Dawn Tomkins praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.
8. AE (FC) and another (Appellants) v. Secretary of State for the Home Department (Respondent)—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 4th October next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
Papers
9. Command Paper—The following papers were presented to the House by command of Her Majesty on the dates shown and ordered to lie on the Table:
1. Double Taxation—Protocol Amending the Convention between the United Kingdom and Canada for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and Capital Gains; (9th July) (6264)
(i) 2004 Spending Review: New Public Spending Plans 2005-08; (12th July) (6237)
(ii) 2004 Spending Review: Public Service Agreements 2005-08; (12th July) (6238)
3. Prison—Report for 2003-04 of the Prisons and Probation Ombudsman for England and Wales; (12th July) (6256)
4. Local Government—Law Commission Report: In the Public Interest: Publication of Local Authority Inquiry Reports. (12th July) (6274)
10. Statutory Instruments (Standing Order 71)—The following negative instruments, having been laid before the House on 9th July, were ordered to lie on the Table:
1. Social Security (Students and Income-related Benefits) Amendment Regulations 2004, laid under the Social Security Contributions and Benefits Act 1992; (1708)
2. (i) Food Safety (General Food Hygiene) (Amendment) (England) Regulations 2004— (1727)
(ii) Justification of Practices Involving Ionising Radiation Regulations 2004— (1769)
laid under the European Communities Act 1972;
3. Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) (Amendment) Order 2004, laid under Crime (International Co-operation) Act 2003; (1747)
4. Police Act 1997 (Criminal Records) (Amendment) (No. 2) Regulations 2004, laid under the Police Act 1997; (1759)
5. Police Pensions (Amendment) (No. 2) Regulations 2004, laid under the Police Pensions Act 1976; (1760)
6. (i) Nursing and Midwifery Council (Fitness to Practise) Rules Order of Council 2004— (1761)
(ii) Nursing and Midwifery Order 2001 (Legal Assessors) Order of Council 2004— (1763)
(iii) Nursing and Midwifery Council (Midwives) Rules Order of Council 2004— (1764)
(iv) Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004— (1765)
(v) European Nursing and Midwifery Qualifications Designation Order of Council 2004— (1766)
(vi) Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules Order of Council 2004— (1767)
laid under the Nursing and Midwifery Order 2001;
7. National Health Service (Complaints) Regulations 2004, laid under the National Health Service Act 1977; (1768)
8. Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2004, laid under the Care Standards Act 2000; (1770)
9. Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004, laid under the Health Act 1999. (1771)
11. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Town and Country Planning (Costs of Inquiries etc.) (Examination in Public) (England) Regulations 2004, laid under the Town and Country Planning Act 1990; (1716)
2. Electricity (Exemption from the Requirement for a Generation Licence) (No. 2) Order 2004, laid under the Electricity Act 1989; (1776)
3. Iraq (United Nations Sanctions) Order 2000 (Amendment No. 2) Regulations 2004, laid under the European Communities Act 1972. (1779)
12. 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 2003-04 of the Horserace Betting Levy Board and the Horserace Totalisator Board, laid under the Betting, Gaming and Lotteries Act 1963;
2. Report and Accounts for 2003-04 of the Defence Aviation Repair Agency, laid under the Government Trading Funds Act 1973, together with the Report of the Comptroller and Auditor General;
3. Accounts for 2003-04 of the Competition Commission, laid under the Competition Act 1998, together with the Report of the Comptroller and Auditor General;
4. Accounts for 2002-03 of the House of Commons Members’ Fund, laid under the House of Commons Members’ Fund Act 1939, together with the Report of the Comptroller and Auditor General;
5. Accounts for 2003-04 of the Coal Authority, laid under the Coal Industry Act 1994, together with the Report of the Comptroller and Auditor General;
6. Accounts for 2003-04 of the United Kingdom Atomic Energy Authority, laid under the Atomic Energy Authority Act 1954, together with the Report of the Comptroller and Auditor General;
7. Report and Accounts for 2003-04 of the Health Professions Council, laid under the Health Professions Order 2001.
Private Business
13. Medway Council Bill—The Examiner’s certificate that no further standing order is applicable was ordered to lie on the Table.
14. Medway Council Bill—It was reported by the Chairman of Committees, pursuant to Private Business Standing Order 91 (Special circumstances), that he had received the following report on the bill from Lord Sainsbury of Turville, Parliamentary Under Secretary of State for Science and Innovation: “I write with reference to Gerry Sutcliffe, Permanent Under Secretary of State for Employment Relations, Competition and Consumers’ letter of 13 January 2004 to you as Chairman of Committees, House of Lords and to the Chairman of Ways and Means, House of Commons. The Minister was content that the promoters of the Bill had undertaken a full assessment of the compatibility of their proposal with the European Convention on Human Rights. However, this was subject to three points, which I now address. I note that the promoters have justified to the Unopposed Bill Committee the limitation on the rights of those holding pedlars’ certificates and the powers of seizure as being in the “general interest”. I regard it as being for the appropriate Committee in the Lords to consider the justification for the provisions. Gerry Sutcliffe raised the point that the powers of seizure and forfeiture could apply to offences committed before the Act came into force. I am pleased to see that the definition of “relevant offence” has now been amended to remove this possible retrospective application. Finally, I am again pleased to note that the Bill has introduced additional safeguards for those from whom articles, receptacles and equipment are seized.”.
Public Business
15. Parliamentary Commissioner Act 1967 (Amendment) Bill [HL]—A bill to make the Government Actuary’s Department a Department subject to investigation by the Parliamentary Commissioner; and to make provision about such investigations was presented by the Baroness Noakes, read a first time and ordered to be printed. (HL Bill 101)
16. Finance Bill—A bill to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance was brought from the Commons, read a first time and ordered to be printed. (HL Bill 102)
17. Carers (Equal Opportunities) Bill—The order of commitment was discharged.
18. Fire and Rescue Services Bill—The report was received; amendments were disagreed to (see division lists 1 and 2); an amendment was agreed to; amendments were moved and (by leave of the House) withdrawn; further consideration on report was adjourned.
19. Stansted Airport Aircraft Movement Limit (Revocation) Order 2004—It was moved by the Lord Davies of Oldham that the draft Order laid before the House on 8th June be approved; after debate, the motion was agreed to.
20. Motor Vehicles (International Circulation) (Amendment) Order 2004—It was moved by the Lord Davies of Oldham that the draft Order laid before the House on 14th June be approved; the motion was agreed to.
21. Social Security (Income Support and Jobseeker’s Allowance) Amendment Regulations 2004—It was moved by the Baroness Hollis of Heigham that the draft Regulations laid before the House on 16th June be approved; after debate, the motion was agreed to.
The House was adjourned during pleasure.
The House was resumed.
1. 22. Fire and Rescue Services Bill—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; it was ordered that the bill be printed as amended. (HL Bill 103)
The House was adjourned at three minutes before ten o’clock
till tomorrow, half-past two o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
