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Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Monday 15th November 2004

The House met at half-past two o’clock.

PRAYERS were read by the Lord Bishop of St Albans.

1.  Leave of Absence—Leave of absence was granted to the Lord Chancellor for Tuesday 16th November.

2.  Royal Assent—The Lord Chancellor notified the Queen’s Assent to the following Acts:

Domestic Violence, Crime and Victims Act 2004c.28
Highways (Obstruction by Body Corporate) Act 2004c.29
Human Tissue Act 2004c.30
Children Act 2004c.31

Judicial Business

3.  Concord Trust (Appellants) v. Law Debenture Trust Corporation plc (Respondents) (England)—The appeal of Concord Trust was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 27th December.

4.  R v. J (Respondent) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of the Director of Public Prosecutions was presented and ordered to be prosecuted subject to the procedures applicable thereto.

5.  R v. M (Respondent) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of the Director of Public Prosecutions was presented and ordered to be prosecuted subject to the procedures applicable thereto.

6.  R v. O (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of O was presented and ordered to be prosecuted subject to the procedures applicable thereto.

7.  R v. O (Respondent) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of the Director of Public Prosecutions was presented and ordered to be prosecuted subject to the procedures applicable thereto.

8.  R v. P (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of P was presented and ordered to be prosecuted subject to the procedures applicable thereto.

9.  R v. P (Respondent) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of the Director of Public Prosecutions was presented and ordered to be prosecuted subject to the procedures applicable thereto.

10.  R v. R (Respondent) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of the Director of Public Prosecutions was presented and ordered to be prosecuted subject to the procedures applicable thereto.

11.  Pour (FC) (Petitioner) v. Lord Mayor and Citizens of the City of Westminster (Respondents)—The petition of Mahboubeh Abbas Ali Pour praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.

12.  Feld (FC) (Petitioner) v. London Borough of Barnet (Respondents)—The petition of Paul David Feld praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.

13.  Mark (Respondent) v. Mark (Appellant)—The appeal was set down for hearing and referred to an Appellate Committee.

14.  JD (FC) (Appellant) v. East Berkshire Health Authority (Respondents) and two other actions (FC)—The appeal was set down for hearing and referred to an Appellate Committee.

15.  AE (FC) and another (Appellants) v. Secretary of State for the Home Department (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee.

16.  Noble (Respondent) v. De Boer (Appellant) (Scotland)—The appeal was set down for hearing and referred to an Appellate Committee.

17.  Regina v. Secretary of State for Work and Pensions (Appellant) ex parte Hooper and others (FC) (Respondents)—

18.  Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Hooper (Appellant) and others—

19.  Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Hooper and others (FC) (Appellants)—

    The petition of the appellants praying that the appeals be conjoined; that the appellant in the first appeal be allowed to lodge one statement, one appendix, one case and be jointly represented in respect of the three appeals; that the appellant in the second appeal be allowed to lodge one case and be separately represented; and that the appellants in the third appeal be allowed to lodge one case and be jointly represented (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

20.  Pirelli Cable Holding NV and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—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 13th December (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

21.  Searby (Appellant) v. Yorkshire Traction Company Limited (Respondents)—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 20th December (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

22.  Gillies (AP) (Appellant) v. Secretary of State for Work and Pensions (Respondent) (Scotland)—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 29th November (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

23.  Ali (FC) (Respondent) v. Headteacher and Governors of Lord Grey School (Appellants)—The respondent’s certificate of public funding was lodged.

24.  Appeal Committee—The 121st Report from the Appeal Committee was agreed to and the following Orders were made—

    R (on the application of Gurung) (Applicant) v. Immigration Appeals Tribunal and another (Respondents)—That permission to appeal be refused because the application is inadmissible.

    R (on the application of Bolis and others) (Applicants) v. Immigration Adjudicator and others (Respondents)—That permission to appeal be refused because the application is inadmissible.

Papers

25.  Instrument withdrawn—The following instrument, laid before the House on 25th October, was withdrawn:

    Draft Criminal Justice Act 2003 (Categories of Offences) Order 2004.

26.  Paper withdrawn—The following Paper, laid before the House on 2nd November, was withdrawn:

    Report and Accounts for 2003 of the Special EU Programmes Body.

27.  Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:

    1.  Human Rights—Protocol No.14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, amending the Control System of the Convention;  (6370)

    2.  Civil Service—Draft Civil Service Bill; Government Consultation Document.    (6373)

28.  Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

    Draft Criminal Justice Act 2003 (Categories of Offences) Order 2004, laid under the Criminal Justice Act 2003, together with an Explanatory Memorandum.

1.  29.  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 of the Churches Conservation Trust, laid under the Pastoral Measure 1983;

    2.  Report and Accounts for 2003 of the Special EU Programmes Body, laid under the North/South Co-Operation (Implementation Bodies) (Northern Ireland) Order 1999;

    3.  Treasury Minute dated 15th November, directing the application of certain amounts as appropriations in aid of the estimates, laid under the Government Resources and Accounts Act 2000.

Private Business

30.  West Northamptonshire Development Corporation (Area and Constitution) Order 2004—The Report from the Select Committee was made and ordered to be printed. (HL Paper 204)

Public Business

31.  Pensions Bill—The Queen’s consent was signified; the bill was read a third time; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; an amendment was agreed to (see division list 1); amendments were disagreed to (see division lists 2 and 3); then the bill was passed and returned to the Commons with amendments.

32.  Armed Forces (Pensions and Compensation) Bill—The bill was returned from the Commons with the Lords amendment in lieu disagreed to with a reason for such disagreement; the Commons reason was ordered to be printed. (HL Bill 131)

33.  Hunting Bill—The Queen’s and Prince of Wales’s consents were signified; the bill was read a third time; an amendment was agreed to; then, after debate, the bill was passed and returned to the Commons with amendments.

The House was adjourned at twenty-three minutes before nine o’clock

till tomorrow, half-past two o’clock.

PAUL HAYTER

  Clerk of the Parliaments

 
 
 
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Prepared: 16 november 2004