HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Thursday 3rd February 2005
The House met at a quarter before ten o’clock.
PRAYERS were read by the Lord Bishop of Southwark.
Judicial Business
1. Regina v. Hayter (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—It was moved by the Lord Bingham of Cornhill, That the 14th 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, Criminal Division of 16th April 2003 be affirmed, and the appeal dismissed; and that the certified questions be answered in the affirmative. [2005] UKHL 6
2. Moy v. Pettman Smith (a firm) (Original Respondents and Cross-appellants) and another (Original Appellant and Cross-respondent)—It was moved by the Lord Hope of Craighead on behalf of the Lord Nicholls of Birkenhead, That the 15th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed and the cross-appeal dismissed; that the Order of the Court of Appeal of 25th March 2003 be set aside and the Order of His Honour Judge Geddes in the High Court of Justice, Queen’s Bench Division of 11th July 2001 restored; and that the respondents do pay to the appellants their costs in the Court of Appeal and in this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties. [2005] UKHL 7
3. Hilton (Appellant) v. Barker Booth and Eastwood (a firm) (Respondents)—It was moved by the Lord Hoffmann, That the 16th 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 22nd May 2002 and the Order of His Honour Judge Maddocks in the High Court of 28th September 2001 be set aside; that the case be remitted back to the High Court for an assessment of damages in accordance with the opinions expressed in this House; that the respondents do pay to the appellant his costs in this House and below; the amount of such costs in this House to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the assessment of damages in the High Court be left to the discretion of the judge. [2005] UKHL 8
The House was adjourned during pleasure.The House was resumed.
4. Journals—The 236th volume of the Journals (Session 2002-03), with an index, was laid on the Table by the Clerk of the Parliaments.
Papers
5. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. European Union—Prospects for the EU in 2005: Government Proposals; (6450)
2. Legal Services—Court Boards Guidance. (6461)
6. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2005, laid under the Special Immigration Appeals Commission Act 1997, together with an Explanatory Memorandum;
2. Draft Northern Ireland Act 2000 (Modification) Order 2005, laid under the Northern Ireland Act 2000, together with an Explanatory Memorandum.
7. Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:
Transfrontier Shipment of Waste (Amendment) Regulations 2005, laid under the European Communities Act 1972. (187)
8. 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 Council for Catholic Maintained Schools, laid under the Northern Ireland Act 2000;
2. Report on Tax Credits by the Inland Revenue Commissioners, laid under the Tax Credits Act 2002.
Select Committee Reports
9. Human Rights—The 6th report of the Joint Committee, Scrutiny: Second Progress Report, together with appendices, was made and ordered to be printed. (HL Paper 41)
10. Economic Affairs Committee—The First Report from the Select Committee, on the Government response to Monetary and Fiscal Policy: Present Successes and Future Problems, was made and ordered to be printed. (HL Paper 43)
Public Business
11. Business of the House—It was moved by the Baroness Symons of Vernham Dean, on behalf of the Lord President (Baroness Amos), that the debate on the motion in the name of the Lord Mitchell set down for today shall be limited to 2 hours; the motion was agreed to.
12. Business of the House—It was moved by the Baroness Symons of Vernham Dean, on behalf of the Lord President (Baroness Amos), that leave be given to advance the Second Reading of the Commissioners for Revenue and Customs Bill from Tuesday 8th February to Monday 7th February; the motion was agreed to.
13. Disability Discrimination Bill [HL]—The report was received; amendments were moved and (by leave of the House) withdrawn; an amendment was disagreed to (see division list 1); amendments were agreed to; further consideration on report was adjourned.
The House was adjourned during pleasure.
The House was resumed.
14. Disability Discrimination Bill [HL]—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; an amendment was agreed to; an amendment was disagreed to (see division list 2); further consideration on report was adjourned after amendment 34.
15. Science and Treaties (S&T Report) (2-hour debate)—It was moved by the Lord Mitchell that this House takes note of the Report of the Science and Technology Committee on Science and Treaties (3rd Report, Session 2003-04); after debate, the motion was agreed to.
The House was adjourned at twenty minutes before seven o’clock
till tomorrow, eleven o’clock.
PAUL HAYTER
Clerk of the Parliaments
APPENDIX
PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)
The Committee met at a quarter past three o’clock.
Charities Bill [HL]—The bill was considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after amendment 8.
The Committee was adjourned at eleven minutes before seven o’clock. | 
