House of Lords
Session 1999-2000
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Minutes and Order Papers

Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Jovis 26° Octobris 2000

The House met at two o’clock.

PRAYERS were read by the Lord Bishop of Lincoln.

Judicial Business

1. Cadogan Estates Limited (Respondents) v. McMahon (AP) (Appellant)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 27th May 1999 be affirmed and the appeal dismissed; that the costs of the respondents be paid out of the Legal Aid Fund in accordance with section 18 of the Legal Aid Act 1988, the amount of thereof to be certified by the Clerk of the Parliaments if not agreed between the parties, such order to be suspended for four weeks to allow the Legal Aid Board to object if they wish; and that the costs of the appellant in this House be taxed in accordance with the Legal Aid Act 1988.

2. Regina v. Hinks (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 26th June 1998 be affirmed and the appeal dismissed; and that the certified question be answered in the affirmative.

3. White (Appellant) v. White (Respondent)—

4. White (Appellant) v. White (Respondent) (Second Appeal)—

    (Conjoined Appeals)

    The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 19th June 1998 be affirmed and the appeals dismissed with costs, the amount of thereof to be certified by the Clerk of the Parliaments if not agreed between the parties, but provided that (a) the costs of the wife’s appeal payable by the wife to the husband shall not include costs incurred after 9th June 2000 and (b) the costs of the husband’s appeal payable by the husband to the wife shall not include costs attributable to the valuation of the partnership assets.

5. Regina v. Bossino (Petitioner)—The petition of Plinio Bossino praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.

6. In re Lees (Petitioner) (application for a writ of Habeas Corpus)—The petition of Stewart Thompson Lees praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.

7. Regina v. Warrington Crown Court ex parte RBNB (a company) (Respondents)—The petition of the Chief Constable of Cheshire praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

8. Regina v. Secretary of State for the Home Department (Appellant) ex parte Gashi (AP) (Respondent)—The petition of the appellant was presented praying that the appeal be withdrawn on the terms agreed between the parties and that the appellant do pay the respondent’s costs, such costs to be certified by the Clerk of the Parliaments if not agreed between the parties (the agents for the respondent consenting thereto); and it was ordered as prayed.

9. Secretary of State for the Home Department (Respondent) v. Rehman (FC) (Appellant) (Second Appeal)—The appellant’s certificate of public funding was lodged.

10. Appeal Committee—The 74th Report was made; the Appeal Committee reported that they had met and had heard Counsel; the report was agreed to and the following Order was made—

    Barclays Bank plc (Respondents) v. Coleman and another (Petitioner)—That leave to appeal be given on terms, and that the petition of appeal be lodged by 9th November next.

The House was adjourned during pleasure.

The House was resumed.

11. Leave of Absence—Leave of absence was granted to the Lord Chancellor for tomorrow.

Papers

12. Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:

    BSE—Report of the BSE Inquiry, chaired by Lord Phillips of Worth Matravers.      (—)

13. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:

    1. Prescriptions Only Medicines (Human Use) Amendment (No. 2) Order 2000, laid under the Medicines Act 1968;      (2899)

    2. (i)      Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000;      (2851)

      (ii) Local Authorities (Proposals for Alternative Arrangements) (England) Regulations;      (2850)

      (iii) Local Authorities (Functions and Responsibilities) (England) Regulations 2000;      (2853)

      (iv) Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000;      (2852)

    laid under the Local Government Act 2000.

14. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:

    1. Accounts for 1999-2000 of the—

      (i) National Maritime Museum;

      (ii) National Museum of Science and Industry;

    together with the Reports of the Comptroller and Auditor General, laid under the Museums and Galleries Act 1992;

    2. Statement by the Secretary of State for Culture, Media and Sport concerning the appointment of Ian Burke as a member of the British Tourist Authority for a period of 3 years from 1st September 2000, laid under the Development of Tourism Act 1969.

Public Business

15. Transport Bill—The bill was considered on report; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; an amendment was disagreed to (see division list 1); amendments were agreed to (see division lists 2 and 3); further consideration on report was adjourned.

16. National Health Service—The Lord Harris of Haringey asked Her Majesty’s Government what arrangements will be made to ensure that, if Community Health Councils are abolished, the new arrangements for empowering National Health Service users and the new Patient Advocate and Liaison Service will be independent of the local National Health Service structures; after debate, the question was answered by the Lord Hunt of Kings Heath.

17. Transport Bill—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; further consideration on report was adjourned after amendment 104.

The House was adjourned at one minute past eleven o’clock

till tomorrow, eleven o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 27 october 2000