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 Lunae 6° Novembris 2000

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

PRAYERS were read by the Lord Bishop of Wakefield.

Judicial Business

1.  Regina v. West Yorkshire Fire and Civil Defence Authority (Petitioners) ex parte Lockwood (Respondent)—The petition of the West Yorkshire Fire and Civil Defence Authority praying for leave to appeal was presented and referred to an Appeal Committee (lodged 20th July).

2.  Regina v. West Yorkshire Fire and Civil Defence Authority (Petitioners) ex parte McCalman (Respondent)—The petition of a praying for leave to appeal was presented and referred to an Appeal Committee (lodged 20th July).

3.  Regina v. Independent Television Commission (Petitioners) ex parte TV Danmark 1 Limited (Respondents)—The petition of the Independent Television Commission praying for leave to appeal was presented and referred to an Appeal Committee.

4.  Secretary of State for the Home Department (Respondent) v. Rehman (Appellant) (First Appeal)—

5.  Secretary of State for the Home Department (Respondent) v. Rehman (Appellant) (Second Appeal)—

    The petition of the appellant praying that the appeals be consolidated, that he be allowed to lodge one statement, one case and one appendix in respect of the two appeals and that the respondent have leave to lodge one case in respect of the two appeals (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

6.  Kenyon-Brown (Respondent) v. Desmond Banks & Co (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 1st December next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 2nd November).

7.  King (Respondent) v. Bristow Helicopters Limited (Appellants) (Scotland)—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 25th December next or to the third sitting day after the next ensuing meeting of the House (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

8.  Appeal Committee—The following Order was made pursuant to the 69th Report:

    Cullen (Petitioner) v. Chief Constable of the Royal Ulster Constabulary (Respondent) (Northern Ireland)—That leave to appeal be given, and that the petition of appeal be lodged by 20th November next.

9.  Appeal Committee—The 78th Report from the Appeal Committee was agreed to and the following Orders were made—

    Skerritts of Nottingham Limited (Petitioners) v. Secretary of State for the Environment, Transport and the Regions and others (Respondents) (First Petition)—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.

    Abdo and others (Petitioners) v. Entry Clearance Officer Sana’a (Respondent)—That leave to appeal be refused.

    Skerritts of Nottingham Limited (Petitioners) v. Secretary of State for the Environment, Transport and the Regions and others (Respondents) (Second Petition)—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.

    Triffitt Nurseries (a firm) and others (Petitioners) v. Salads Etcetera Limited (in administrative receivership) and others (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.

    Harris (AP) (Petitioner) v. Bolt Burdon (a firm) (Respondents)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988; that the respondents be at liberty to apply for their 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.

    Aldridge (AP) (Petitioner) v. Edwards (Respondent)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988; 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.

    Lawson (AP) (Petitioner) v. London Borough of Tower Hamlets and others (Respondents)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988; that the respondents be at liberty to apply for their 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.

10.  Appeal Committee—The 79th Report from the Appeal Committee was agreed to and the following Order was made—

    Dubai Aluminium Company Limited v. Salaam (Respondent) and others (Petitioners) and others and others (Respondents)—That the respondents be invited to lodge objections by 20th November next.

Papers

11.  Command Papers—The following papers, having been presented to the House by command of Her Majesty on the dates shown, were ordered to lie on the Table:

    1.      Transport—Minute by the Department of the Environment, Transport and the Regions concerning notification by the Franchising Director (and Chief Executive of the Shadow Strategic Rail Authority) of a Contingent Liability entered into with Midland Mainline Limited; (3rd November)      (—)

    2.      Air Services—Government Response to the 18th Report of the House of Commons Environment, Transport and Regional Affairs Committee on the Air Service Agreement between the United Kingdom and the United States; (3rd November)      (4907)

    3.      Finance—2000 Spending Review: A Guide to Service Delivery Agreements 2001-2004; (3rd November)      (4915)

    4.      European Communities—Agreement between The European Community and its Member States and the Swiss Confederation on the Free Movement of Persons, together with an explanatory memorandum; (3rd November)      (4904)

    5.      Health—Minute of Contingent Liability concerning an investigation into the backlog of histopathology samples at the Royal National Orthopaedic Hospital; (6th November)      (—)

    6.      Draft Legislation—Water Bill:

      (i)      Consultation on Draft Legislation; (6th November)      (4908)

      (ii)      Regulatory, Environmental and Equal Treatment Appraisals. (6th November)      (—)

12.  Statutory Instruments (Standing Order 70)—The following negative instruments, having been laid before the House on 3rd November, were ordered to lie on the Table:

    1.      Utilities Act 2000 (Supply of Information) Regulations 2000, laid under the Utilities Act 2000;      (2956)

    2.      Community Drivers’ Hours (Tankers) (Temporary Exception) Regulations 2000, laid under the European Communities Act 1972;      (2960)

    3.      Rail Vehicle Accessibility (South West Trains Class 170/3 Vehicles) Exemption Order 2000, laid under the Disability Discrimination Act 1995;      (2953)

    4.      Family Proceedings (Amendment) Rules (Northern Ireland) 2000, laid under the Family Law (Northern Ireland) Order 1993;      (—)

    5.      Social Security Amendment (Employment Zones) (No. 2) Regulations 2000, laid under the Social Security Contributions and Benefits Act 1992.      (2910)

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

    Draft Social Security (Incapacity Benefit) Miscellaneous Amendments Regulations 2000.

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

    1.      Sharing of State Scheme Rights (Provision of Information and Valuation) (No. 2) Regulations, laid under the Social Security Contributions and Benefits Act 1992;      (2914)

    2.      National Clinical Assessment Authority (Establishment and Constitution) Order 2000, laid under the National Health Service Act 1977.      (2961)

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

    1.      Naval and Marine Pay and Pensions (Non-Effective Benefits and Family Pensions) Order 2000, laid under the Naval and Marine Pay and Pensions Act 1865;

    2.      Statement of General Objectives and Practices of the Food Standards Agency, laid under the Food Standards Act 1999;

    3.      Report for 1999-2000 of the Commission for Racial Equality, laid under the Race Relations Act 1976.

Select Committee Report

16.  Science and Technology—It was ordered that the written evidence on Human Genetic Databases received up to 31st October be printed. (HL Paper 115)

Private Business

17.  Colchester Borough Council Bill [HL]—It was moved by the Chairman of Committees that the promoters of the bill have leave to suspend any further proceedings thereon in order to proceed with it, if they think fit, in the next session of Parliament, provided that notice of their intention to do so is lodged in the Office of the Clerk of the Parliaments not later than 12 noon on Monday 27th November and that all fees due on or before that day have been paid;

    That the bill be deposited in the Office of the Clerk of the Parliaments not later than noon on the second sitting day in the next session with a declaration annexed, signed by the agent, stating that the bill is the same in every respect as the bill at the last stage of the proceedings thereon in this House in the present session;

    That the proceedings on the bill in the next session of Parliament be pro forma in regard to every stage through which the bill has passed in the present session, and that no new fees be charged to such stages;

    That the Private Business Standing Orders apply to the bill in the next session only in regard to any stage through which the bill has not passed during the present session;

    the motion was agreed to; it was ordered that a message be sent to the Commons desiring their agreement thereto.

18.  Greenham and Crookham Commons Bill—A message was brought from the Commons, that they have made the following orders to which they desire the concurrence of this House:

    That the promoters of the Greenham and Crookham Commons Bill shall have leave to suspend proceedings thereon in order to proceed with it, if they think fit, in the next session of Parliament, provided that notice of their intention to do so is lodged in the Private Bill Office not later than the day before the close of the present session and that all fees due up to that date have been paid;

    That on the fifth sitting day in the next session the bill shall be presented to the House by deposit in the Private Bill Office;

    That a declaration signed by the agent shall be annexed to the bill, stating that it is the same in every respect as the bill presented in this House in the present session;

    That on the next sitting day following presentation, the Clerk in the Private Bill Office shall lay the bill on the Table of the House;

    That in the next session the bill shall be deemed to have passed through every stage through which it has passed in the present session, and shall be recorded in the Journal of the House as having passed those stages;

    That no further fees shall be charged to such stages;

    That all petitions relating to the bill which stand referred to the committee on the bill, shall stand referred to the committee on the bill in the next session;

    That no petitioners shall be heard before the committee unless their petition has been presented within the time provided for petitioning or has been deposited pursuant to Private Business Standing Order 126(b);

    That, in relation to the bill, Private Business Standing Order 127 shall have effect as if the words “under Standing Order 126 (Reference to committee of petitions against bill)” were omitted.

Public Business

19.  Fur Farming (Prohibition) Bill—The report was received; amendments were moved and (by leave of the House) withdrawn.

20.  Disqualifications Bill—The House resolved itself into a Committee upon the bill; an amendment was disagreed to (see division list 1); amendments were moved and (by leave of the Committee) withdrawn; the House was resumed.

21.  Arts and entertainment in a multicultural society—The Baroness Rendell of Babergh asked Her Majesty’s Government how they consider the arts and entertainment are keeping pace with advances towards a multicultural society in the United Kingdom; after debate, the question was answered by the Lord McIntosh of Haringey.

22.  Disqualifications Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; an amendment was disagreed to (see division list 2); amendments were agreed to; the House was resumed and the bill was reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 125)

The House was adjourned at nine minutes before eleven o’clock

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 7 november 2000