HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Tuesday 26th October 2004
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Peterborough.
1. Leave of Absence—Leave of absence was granted to the Lord Chancellor for Monday 1st and Tuesday 2nd November.
2. Viscountcy of Hardinge in the Peerage of the United Kingdom—The Lord Chancellor reported that Andrew Hartland Hardinge had established his succession to the Viscountcy of Hardinge in the Peerage of the United Kingdom. The Clerk of the Parliaments was accordingly directed to enter the Viscount Hardinge on the register of hereditary peers maintained under Standing Order 10(5).
Judicial Business
3. R v. Misra and another (Petitioners)—The petition of Amit Nath Misra and Rajeev Srivastava praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee.
4. Her Majesty’s Commissioners of Customs and Excise (Respondents) v. First Choice Holidays plc (Petitioners)—The petition of First Choice Holidays plc praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
5. In re B (Children) (FC)—The first respondent’s certificate of public funding was lodged.
6. Appeal Committee—The 103rd Report from the Appeal Committee was agreed to and the following Order was made—
Massey and another (Petitioners) v. Boulden and another (Respondents)—That leave to present an appeal notwithstanding that the time limited by Standing Order I has expired be given; and that the petition of appeal be lodged by 9th November next.
7. Appeal Committee—The 104th Report from the Appeal Committee was agreed to and the following Orders were made—
In re Shaw (Petitioner) (Northern Ireland)—That leave to appeal be refused.
Hammond (Petitioner) v. Commissioner of Police for the Metropolis and others (Respondents) and others—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.
Daley (Petitioner) v. Governor of Brixton Prison and another (Respondents)—That leave to appeal be refused.
8. Appeal Committee—The 105th Report from the Appeal Committee was agreed to and the following Order was made—
Regina v. Hendley (Petitioner)—That leave to appeal be refused.
9. Appeal Committee—The 106th Report from the Appeal Committee was agreed to and the following Orders were made—
Tomkins (Petitioner) v. Basildon District Council (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.
Re-Source America International Limited and others (Respondents) v. Barkin Construction 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.
Paper
10. Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:
Medicines (Products for Animal Use—Fees) Regulations 2004, laid under the Medicines Act 1971. (2750)
Select Committee Reports
11. Merits of Statutory Instruments—The following report from the Select Committee was made and ordered to be printed:
21st Report, on the following affirmative instrument:
Draft Landfill Allowances and Trading Scheme (England) Regulations 2004. (HL Paper 185)
12. European Union—The 32nd Report from the Select Committee, Annual Report 2004, was made; it was ordered that the Report be printed. (HL Paper 186)
13. Statutory Instruments—The 31st Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:
Draft Criminal Defence Service (Choice in Very High Cost Cases) (Amendment No. 2) Regulations 2004;
Draft Freedom of Information (Scotland) Act 2002 (Consequential Modifications) Order 2004;
Draft Landfill Allowances and Trading Scheme (England) Regulations 2004;
Draft Landfill (Maximum Landfill Amount) (Northern Ireland) Regulations 2004;
it was ordered that the Report be printed. (HL Paper 187)
Public Business
14. Hunting Bill—The House resolved itself into a Committee upon the bill; an amendment was agreed to (see division list 1); amendments were agreed to; an amendment was moved and (by leave of the House) withdrawn; the House was resumed.
15. Damages (Variation of Periodical Payments) Order 2004—It was moved by the Lord Triesman that the draft Order laid before the House on 16th September be approved; after debate, the motion was agreed to.
16. Primary Medical Services (Northern Ireland) Order 2004 (Consequential Amendments) Order 2004—It was moved by the Lord Warner that the draft Order laid before the House on 14th September be approved; after debate, the motion was agreed to.
The House was adjourned during pleasure.The House was resumed.
17. Hunting Bill—The House again resolved itself into a Committee upon the bill; an amendment was agreed to (see division list 2); amendments were agreed to; the House was resumed after clause 5 stood part.
The House was adjourned at twenty-one minutes past ten o’clock
till tomorrow, half-past two o’clock.
PAUL HAYTER
Clerk of the Parliaments
CORRECTION
In the Minutes of Proceedings of 25th October the following item, which was included in item 13 (Affirmative Instruments), should have appeared as an order laid under section 4(2) of the Regulatory Reform Act 2001 and referred to the Delegated Powers and Regulatory Reform Committee:
Draft Regulatory Reform (Unsolicited Goods and Services Act 1971) (Directory Entries and Demands for Payment) Order 2004, together with a Statement by the Department of Trade and Industry. | 
