HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Tuesday 13th July 2004
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Worcester.
1. Lord McKenzie of Luton—William David McKenzie Esquire, having been created Baron McKenzie of Luton, of Luton in the County of Bedfordshire, for life by Letters Patent dated in the afternoon of 18th June 2004, was introduced between the Baroness Gould of Potternewton and the Lord Faulkner of Worcester, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.
2. Baroness McDonagh—Margaret Josephine McDonagh, having been created Baroness McDonagh, of Mitcham and Morden in the London Borough of Merton, for life by Letters Patent dated in the afternoon of 24th June 2004, was introduced between the Lord Alli and the Lord Sawyer, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.
Judicial Business
3. Regina v. Special Adjudicator (Respondent) ex parte Hoxha (FC) (Appellant)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 12th July).
4. Appeal Committee—The 71st Report from the Appeal Committee was agreed to and the following Order was made—
Fisher and another (Respondents) v. Merer (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.
5. Appeal Committee—The 72nd Report from the Appeal Committee was agreed to and the following Order was made—
Three Rivers District Council and others (Respondents) v. Governor and Company of the Bank of England (Appellants) (2004)—That the petition of the General Council of the Bar of England and Wales that they might be heard or otherwise intervene in the said appeal be allowed to the extent that they may lodge written submissions only.
6. Appeal Committee—The 73rd Report from the Appeal Committee was agreed to and the following Order was made—
Three Rivers District Council and others (Respondents) v. Governor and Company of the Bank of England (Appellants) (2004)—That the petition of the Law Society of England and Wales that they might be heard or otherwise intervene in the said appeal be allowed to the extent that they may lodge written submissions only.
Papers
7. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
(i) Report and Accounts for 2003-04 of the British Broadcasting Corporation; (—)
(ii) National Audit Office review of the British Broadcasting Corporation’s Investment in Freeview, together with a response by the Board of Governors. (—)
2. Race Relations—Government Response to the Report of the House of Commons Select Committee on the Office of the Deputy Prime Minister on Social Cohesion; (6284)
8. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Davies Lane Infant School (Change to School Session Times) Order 2004, laid under the Education Act 2002; (1712)
2. Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004, laid under the European Communities Act 1972; (1713)
3. General Medical Services (Transitional Measure Relating to Non-Clinical Partners) Order 2004, laid under the Health and Social Care (Community Health and Standards) Act 2003. (1772)
9. 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 Biotechnology and Biological Sciences Research Council , laid under the Science and Technology Act 1965;
2. (i) Report for 2003-04 of the Crown Estate—
(ii) Accounts for 2003-04 of the Crown Estate, together with the Report of the Comptroller and Auditor General—
laid under the Crown Estate Act 1961;
3. Report and Accounts for 2003-04 of the Information Commissioner, laid under the Data Protection Act 1998, together with the Report of the Comptroller and Auditor General;
4. Report and Accounts for 2003-04 of the Office of Government Commerce, laid under the Government Trading Funds Act 1973, together with the Report of the Comptroller and Auditor General;
5. Report for the period October 2002-March 2004 of Her Majesty’s Crown Prosecution Service Inspectorate, laid under the Crown Prosecution Inspectorate Service Act 2000;
6. Report and Accounts for 2003-04 of the Commission for Racial Equality, laid under the Race Relations Act 1976;
7. Report for 2003-04 of the Parliamentary Ombudsman, laid under the Parliamentary Commissioner Act 1967;
8. Report for 2003-04 of the Health Service Ombudsman for England, laid under the Health Service Commissioners Act 1993;
9. West Midlands (Coroners’ Districts) Order 2004, laid under the Coroners Act 1988. (1799)
Select Committee Reports
10. European Union—The following Reports from the Select Committee were made and ordered to be printed:
Proposed Constitutional Treaty: Outcome of the Irish Presidency and the Subsidiarity Early Warning Mechanism, together with the Minutes of Evidence; (22nd Report-HL Paper 137)
Judicial Co-operation in the EU: the role of Eurojust, together with the Minutes of Evidence; (23rd Report-HL Paper 138)
Strengthening OLAF, the European Anti-Fraud Office, together with the Minutes of Evidence; (24th Report-HL Paper 139)
Correspondence with Ministers: January to May 2004. (25th Report-HL Paper 140)
11. Merits of Statutory Instruments—The following report from the Select Committee was made and ordered to be printed:
15th Report, on the following affirmative instruments:
Draft Regional Assembly and Local Government Referendums (Date of Referendums, Referendum Question and Explanatory Material) (North West Region) Order 2004;
Draft Regional Assembly and Local Government Referendums (Date of Referendums, Referendum Question and Explanatory Material) (North East Region) Order 2004;
Draft Regional Assembly and Local Government Referendums (Date of Referendums, Referendum Question and Explanatory Material) (Yorkshire and the Humber Region) Order 2004. (HL Paper 141)
12. Statutory Instruments—The 25th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:
Draft Child Support (Miscellaneous Amendments) Regulations 2004;
Draft Regional Assembly and Local Government Referendums (Date of Referendums, Referendum Question and Explanatory Material) (North East Region) Order 2004;
Draft Regional Assembly and Local Government Referendums (Date of Referendums, Referendum Question and Explanatory Material) (North West Region) Order 2004;
Draft Regional Assembly and Local Government Referendums (Date of Referendums, Referendum Question and Explanatory Material) (Yorkshire and the Humber Region) Order 2004;
it was ordered that the Report be printed. (HL Paper 143)
Private Business
13. West Northamptonshire Development Corporation (Area and Constitution) Order 2004—The petition against the bill from The Bringtons’ Parish Council (No.3) was withdrawn.
Public Business
14. Asylum and Immigration (Treatment of Claimants, etc.) Bill—The bill was returned from the Commons on Monday 12th July with certain amendments agreed to with amendments, with certain other amendments disagreed to but with amendments in lieu thereof, and with the remaining amendments agreed to; the Commons amendments were printed pursuant to Standing Order 51(2). (HL Bill 104)
15. Business of the House—It was moved by the Lord President (Baroness Amos) that Standing Order 47 (No two stages of a Bill to be taken on one day) be dispensed with to allow the Finance Bill to be taken through all its remaining stages on Tuesday 20th July; the motion was agreed to.
16. Scottish Parliament (Constituencies) Bill—The bill was read a third time and passed.
17. Constitutional Reform Bill [HL]—The House resolved itself into a Committee (on recommitment) upon the bill; an amendment was agreed to (see division list); the House was resumed.
18. Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004—It was moved by the Lord Triesman, on behalf of the Lord Sainsbury of Turville, that the draft Regulations laid before the House on 1st July be approved; after debate, the motion was agreed to.
19. Statute Law (Repeals) Bill [HL]—The bill was returned from the Commons agreed to.
20. Energy Bill [HL]—The bill was returned from the Commons agreed to with amendments and with a privilege amendment; it was ordered that the Commons amendments be printed. (HL Bill 105)
21. Regulatory Reform (Patents) Order 2004—It was moved by the Lord Triesman, on behalf of the Lord Sainsbury of Turville, that the draft Regulatory Reform Order laid before the House on 7th June be approved; after debate, the motion was agreed to.
22. National Minimum Wage Regulations 1999 (Amendment) (No. 2) Regulations 2004—It was moved by the Lord Triesman, on behalf of the Lord Sainsbury of Turville, that the draft Regulations laid before the House on 17th June be approved; after debate, the motion was agreed to.
23. Landfill (Scheme Year and Maximum Landfill Amount) Order 2004—It was moved by the Lord Whitty that the draft Order laid before the House on 22nd June be approved; after debate, the motion was agreed to.
24. Constitutional Reform Bill [HL]—The House again resolved itself into a Committee (on recommitment) upon the bill; amendments were moved and (by leave of the Committee) withdrawn; an amendment was agreed to; the House was resumed after amendment 4.
The House was adjourned at five minutes before ten 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.
Pensions Bill—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the Committee was adjourned after amendment 166.
The Committee was adjourned at twenty-four minutes before eight o’clock. | 
