HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Thursday 22nd July 2004
The House met at a quarter before ten o’clock.
PRAYERS were read by the Lord Bishop of Portsmouth.
1. Royal Assent—The Lord Speaker (Lord Brabazon of Tara) notified the Queen’s Assent to the following Acts:
| Finance Act | c. | 12 |
| Scottish Parliament (Constituencies) Act | c. | 13 |
| Statute Law (Repeals) Act | c. | 14 |
| Carers (Equal Opportunities) Act | c. | 15 |
| Patents Act | c. | 16 |
| Health Protection Agency Act | c. | 17 |
| Traffic Management Act | c. | 18 |
| Asylum and Immigration (Treatment of Claimants, etc.) Act | c. | 19 |
| Energy Act | c. | 20 |
| Fire and Rescue Services Act | c. | 21 |
2. Viscountcy of Hill in the Peerage of the United Kingdom—The Petition of Peter David Raymond Charles Clegg-Hill claiming to have succeeded to the Viscountcy of Hill in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the Viscount Hill 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
3. Government of the United States of America (Respondents) v. Barnette and another (Appellant)—It was moved by the Lord Steyn, That the 46th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 24th March 2003 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties. [2004] UKHL 37
4. Regina v. Secretary of State for the Home Department (Appellant) ex parte Uttley (FC) (Respondent)—It was moved by the Lord Steyn, That the 47th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 30th July 2003 be set aside save as to legal aid taxation and the Order of Mr Justice Moses of 8th April 2003 restored; that there be no order as to costs in the Court of Appeal or this House; and that the costs of the respondent in this House be taxed in accordance with the Access to Justice Act 1999. [2004] UKHL 38
5. Regina v. Chief Constable of South Yorkshire Police (Respondent) ex parte LS (by his mother and litigation friend JB) (FC) (Appellant)—
6. Regina v. Chief Constable of South Yorkshire Police (Respondent) ex parte Marper (FC) (Appellant)—
It was moved by the Lord Steyn, That the 48th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Orders of the Court of Appeal of 12th September 2002 be affirmed and the appeals dismissed with costs; that the amounts thereof, if any, to be paid by the appellants and to be paid out of the Community Legal Service Fund be certified by the Clerk of the Parliaments in accordance with section 11 of the Access to Justice Act 1999; and that the costs of the appellants in this House be taxed in accordance with the Access to Justice Act 1999. [2004] UKHL 39
7. Szoma (FC) (Appellant) v Secretary of State for the Department of Work and Pensions (Respondent)—The appeal of Robert Szoma was presented and it was ordered that, notwithstanding Standing Order VI, the statement and appendix thereto be lodged on or before 4th October next.
8. CMA CGM S.A. (Petitioner) v. Classica Shipping Company Limited (Respondents)—The petition of CMA CGM S.A. praying for leave to appeal was presented and referred to an Appeal Committee (lodged 11th March).
9. Marlwood Commercial Incorporated (Respondents) v.Kozeny and others (Petitioners) and one other action—The petition of Viktor Kozeny, Oily Rock Group Limited and Minaret Group Limited praying for leave to appeal was presented and referred to an Appeal Committee.
10. Daley (Petitioner) v. The Governor of Brixton Prison and another (Respondents)—The petition of Richard Daley praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Administration of Justice Act 1960, was presented and referred to an Appeal Committee.
11. Appeal Committee—The 81st Report from the Appeal Committee was agreed to and the following Order was made—
Regina v. United Kingdom Central Council for Nursing, Midwifery and Health Visiting and others (Respondents) ex parte Hamilton (Petitioner) (Respondent)—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.
12. Appeal Committee—The 82nd Report from the Appeal Committee was agreed to and the following Orders were made—
Harper (Petitioner) v. Virgin Net Limited (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 5th August next.
Keshwara (FC) (Petitioner) v. Keshwala (Respondent))—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 respondent be at liberty to apply for his 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.
Barker (Respondent) v. Saint Gobain Pipelines plc (Petitioners)—That leave to appeal be given; and that the petition of appeal be lodged by 5th August next.
Papers
13. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. Ministerial Accountability—Government Response to the Report of the House of Commons Select Committee on Public Administration: Taming the Prerogative: Strengthening Ministerial Accountability to Parliament; (6187)
2. Charities—Report for 2003-04 of the Charity Commission for England and Wales; (6209)
3. Regions—Draft Regional Assemblies Bill; (6285)
4. Human Rights—Government Response to the Report of the Joint Committee on Human Rights, on the Commission for Equality and Human Rights: Structure, Function and Powers; (6295)
(i) Civil Service Compensation Scheme (Amendment) 2004; (—)
(ii) Principal Civil Service Pension Scheme (Amendment0 Scheme 2004; (—)
(iii) Civil Service Injury Benefits Scheme (Amendment) Scheme 2004; (—)
6. Sport—Accounts for 2003-04 of the English Sports Council and the English Sports Council Group. (—)
14. Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:
Draft Environmental Information Regulations 2004, laid under the European Communities Act 1972, together with an Explanatory Memorandum.
15. 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 (Registration of Births and Deaths) (England and Wales) Order 2004, together with a Statement by the General Register Office.
16. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Building (Amendment) (No. 2) Regulations 2004, laid under the Building Act 1984; (1808)
2. Land Registration Fee (Amendment) Order 2004, laid under the Land Registration Act 2002; (1833)
3. Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004, laid under the Nationality, Immigration and Asylum Act 2002; (1910)
4. Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2004, laid under the Superannuation Act 1972. (1927)
17. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. (i) Census 2001: Key Statistics for urban areas in the Midlands—
(ii) Census 2001: Key Statistics for urban areas in the North—
(iii) Census 2001: Key Statistics for urban areas in the South West and Wales—
(iv) Census 2001: Key Statistics for urban areas in the South East—
laid under the Census Act 1920;
2. Accounts for 2003-04 of the Counter Fraud and Security Management Service, laid under the National Health Service Act 1977;
3. Report for 2003-04 of the Audit Commission, laid under the Audit Commission Act 1998;
4. Accounts for 2003-04 of the Greenwich Hospital and Travers Foundation, laid under the Armed Forces Act 1976;
5. (i) Report for 2003 of the Interception of Communications Commissioner—
(ii) Report for 2003 of the Intelligence Services Commissioner—
laid under the Regulation of Investigatory Powers Act 2000;
6. Civil Service Additional Voluntary Contribution Scheme (Amendment) Scheme 2004, laid under the Superannuation Act 1972;
7. Accounts for 2003-04 of the Teacher Training Agency, laid under Education Act 1994, together with the Report of the Comptroller and Auditor General;
8. Report for 2003-04 of the Independent Race Monitor, laid under the Race Relations Act 1976;
9. (i) Accounts for 2002-03—
(ii) Accounts for 2003-04—
of the Council for the Regulation of Health Care Professionals, laid under the National Health Service Reform and Health Care Professions Act 2002, together with the Reports of the Comptroller and Auditor General;
10. Report and Accounts for 2003-04 of the Central Office of Information, laid under the Government Trading Funds Act 1973, together with the Report of the Comptroller and Auditor General;
11. Report for 2003-04 of the General Teaching Council for England, laid under the Teaching and Higher Education Act 1998;
12. (i) Report and Accounts for 2003-04 of the East Midlands Development Agency—
(ii) Report and Accounts for 2003-04 of the South East England Development Agency—
(iii) Report for 2003-04 of the East of England Development Agency—
(iv) Report and Accounts for 2003-04 of One North East—
(v) Report and Accounts for 2003-04 of the South West of England Regional Development Agency—
(vi) Report and Accounts for 2003-04 of the North West Development Agency—
(vii) Report and Accounts for 2003-04 of Advantage West Midlands—
(viii) Report and Accounts for 2003-04 of Yorkshire Forward—
laid under the Regional Development Agencies Act 1998;
13. Report and Accounts for 2003-04 of the Council for the Central Laboratory of the Research Councils, laid under the Science and Technology Act 1965;
14. Report and Accounts for 2003-04 of Energywatch, laid under the Utilities Act 2000;
15. Statutory Return as at 31st March 2004 of the Export Credits Guarantee Department, laid under the Export and Investments Guarantees Act 1991;
16. Accounts for 2003-04 of the General Social Care Council, laid under the Care Standards Act 2000, together with the Report of the Comptroller and Auditor General;
17. Report and Accounts for 2003 of the Radio Authority, laid under the Broadcasting Act 1990;
18. (i) Report for 2003-04 of the Court Service—
(ii) Report for 2003-04 of the Magistrates’ Courts Business Returns—
laid under the Courts and Legal Services Act 1990.
18. Instrument coming into operation before being laid—The Lord Chancellor acquainted the House that he had received, under the proviso to section 4(1) of the Statutory Instruments Act 1946, notification that the following instrument had come into operation before being laid before Parliament, with an explanation thereof; the notification and explanation were ordered to lie on the Table:
Immigration and Asylum Appeals (Fast Track Procedure) (Amendment) Rules 2004.
Public Business
19. Mental Health—It was moved by the Chairman of Committees that the Commons message of yesterday be now considered, and that a Committee of twelve Lords be appointed to join with the Committee appointed by the Commons to consider and report on any draft Mental Health 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:
B. Barker
L. Carlile of Berriew
L. Carter
B. Cumberlege
B. Eccles of Moulton
B. Finlay of Llandaff |
B. Flather
B. Fookes
B. McIntosh of Hudnall
B. Pitkeathley
L. Rix
L. Turnberg; |
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;
That the Committee do report on the draft Bill by 31st March 2005; and
That the Committee do meet with the Committee appointed by the Commons on Wednesday 15th September at 10 o’clock;
the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.
20. Business of the House—It was moved by the Lord President (Baroness Amos) that Standing Order 41 (Arrangement of the Order Paper) be dispensed with on 8th September next to allow the motion standing in the name of the Baroness Byford to be taken before the Committee stage of the Christmas Day (Trading) Bill; the motion was agreed to.
21. Sustainable and Secure Buildings Bill—The bill was read a third time and passed.
22. Regional Assembly and Local Government Referendums Order 2004—It was moved by the Lord Rooker that the draft Order laid before the House on 24th June be approved; then it was moved by the Baroness Hanham, as an amendment thereto, at end to insert “but this House regrets Her Majesty’s Government’s decision to lay six Orders relating to Regional Assemblies before the publication of a draft Regional Assemblies Bill; and before publication of the Electoral Commission’s report on the all-postal ballots used in the pilot areas during the elections of 10th June”; on question, tellers for the Contents not having been appointed, the amendment was disagreed to pursuant to Standing Order 54; then the original motion was agreed to.
23. Regional Assembly and Local Government Referendums (Expenses Limits for Permitted Participants) Order 2004—It was moved by the Lord Rooker that the draft Order laid before the House on 24th June be approved; the motion was agreed to.
24. Regional Assembly and Local Government Referendums (Counting Officers’ Charges) Order 2004—It was moved by the Lord Rooker that the draft Order laid before the House on 24th June be approved; the motion was agreed to.
25. Regional Assembly and Local Government Referendums (Date of Referendums, Referendum Question and Explanatory Material) (North East Region) Order 2004—It was moved by the Lord Rooker that the draft Order laid before the House on 8th July be approved; the motion was agreed to.
26. Human Tissue Bill—It was moved by the Lord Warner that the bill be now read a second time; after debate, the motion was agreed to; the bill was committed to a Grand Committee; and it was agreed that it be an instruction to the Grand Committee that they consider the bill in the following order:
Clause 1
Schedule 1
Clauses 2 to 13
Schedule 2
Clauses 14 to 16
Schedule 3
Clauses 17 to 38
Schedule 4
Clauses 39 to 50 |
Schedule 5
Clauses 51 to 53
Schedule 6
Clauses 54 to 61
Schedule 7
Clause 62
Schedule 8
Clauses 63 to 66. |
The House was adjourned at four minutes past five o’clock
to Tuesday 7th September next, half-past two o’clock except for judicial business.
PAUL HAYTER
Clerk of the Parliaments | 
