House of Lords
Session 2002 - 03
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Minutes and Order Papers

Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Martis 19° Novembris 2002

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

PRAYERS were read by the Lord Bishop of Derby.

1.  Lord Carey of Clifton—The Right Reverend and Right Honourable George Leonard Carey, lately the Archbishop of Canterbury, having been created Baron Carey of Clifton, of Clifton in the City and County of Bristol, for life by Letters Patent dated 1st November 2002, was introduced between the Lord Griffiths of Fforestfach and the Lord Janner of Braunstone, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

2.  Earldom of Kimberley in the Peerage of the United Kingdom—The Petition of John Armine Wodehouse claiming to have succeeded to the Earldom of Kimberley in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as Earl of Kimberley on his register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor to consider and report upon to the House pursuant to Standing Order 11.

3.  Barony of Dudley in the Peerage of England—The Petition of Jim Anthony Hill Wallace claiming to have succeeded to the Barony of Dudley in the Peerage of England and praying that the Clerk of the Parliaments might be directed to enter the petitioner as Baron Dudley on his register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor to consider and report upon to the House pursuant to Standing Order 11.

Judicial Business

4.  Hanson (Petitioner) v. SWEB Property Developments Limited (sued as South Western Electricity Board) (Respondents)—The petition of John Hanson praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.

5.  Marcic (Respondent) v. Thames Water Utilities Limited (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 17th December next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

Papers

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

    1.  Customs and Excise—Protocol of Amendment to the International Convention on the Simplification and Harmonization of Customs Procedures, together with an Explanatory Memorandum;    (5680)

    2.  Criminal Justice—Protecting the Public: Government Consultation Document.    (5668)

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

    1.  Special Educational Needs Tribunal (Amendment) Regulations 2002, laid under the Education Act 1996;  (2787)

    2.  National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002, laid under the National Health Service Act 1977.  (2861)

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

    1.    (i)  Naval and Marine Pay and Pensions (Non-Effective Benefits and Family Pensions) Order 2002—

      (ii)  Naval and Marine Pay and Pensions (Pensions Increase) Order 2002—

      laid under the Naval and Marine Pay and Pensions Act 1865;

    2.  Report and Accounts for 2001-02 of the Oil and Pipelines Agency, laid under the Oil and Pipelines Act 1985;

    3.  Report and Accounts for 2001-02 of the Sports Council for Wales, laid under the National Lottery Act 1998.

Select Committee Report

9.  Statutory Instruments—The First Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

      Draft European Communities (Definition of Treaties) (Agreement on Trade, Development and Co-operation Between the European Community and its Member States and the Republic of South Africa) Order 2002;

      Draft Access to Justice Act 1999 (Solicitors’ Practising Certificates) Order 2002;

      Draft Medical Act 1983 (Amendment) Order 2002;

    it was ordered that the Report be printed. (HL Paper 6)

Public Business

10.  Crime (International Co-operation) Bill [HL]—A bill to make provision for furthering co-operation with other countries in respect of criminal proceedings and investigations; to extend jurisdiction to deal with terrorist acts or threats outside the United Kingdom; to amend section 5 of the Forgery and Counterfeiting Act 1981 and make corresponding provision in relation to Scotland; and for connected purposes was presented by the Lord Bassam of Brighton on behalf of the Lord Filkin, read a first time and ordered to be printed. (HL Bill 5)

11.  Crime (International Co-operation) Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 5-EN)

12.  Wild Mammals (Protection) (Amendment) Bill [HL]—A bill to amend the Wild Mammals (Protection) Act 1996 was presented by the Lord Donoughue, read a first time and ordered to be printed. (HL Bill 6)

13.  European Union (Implications of Withdrawal) Bill [HL]—A bill to establish a Committee of Inquiry into the implications of a withdrawal by the United Kingdom from the European Union was presented by the Lord Pearson of Rannoch, read a first time and ordered to be printed. (HL Bill 7)

14.  Business of the House—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that Standing Order 41 (Arrangement of the Order Paper) be dispensed with so far as is necessary on 25th November next to enable the motion standing in his name to be taken before the Second Reading of the Arms Control and Disarmament (Inspections) Bill; the motion was agreed to.

15.  Constitution Committee—It was moved by the Chairman of Committees that a Select Committee be appointed to examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of the constitution;

    That, as proposed by the Committee of Selection, the following Lords be named of the Committee:

L. Acton
L. Elton
L. Fellowes
B. Gould of Potternewton
L. Holme of Cheltenham
B. Howells of St Davids

L. Jauncey of Tullichettle
L. Lang of Monkton
L. MacGregor of Pulham Market
E. Mar and Kellie
L. Morgan
L. Norton of Louth (Chairman);

    That the Committee have power to appoint specialist advisers;

    That the Committee have power to adjourn from place to place;

    That the Committee have leave to report from time to time;

    That the minutes of evidence taken before the Constitution Committee in the last session of Parliament be referred to the Committee;

    That the minutes of evidence taken before the Committee from time to time shall, if the Committee think fit, be printed;

    the motion was agreed to.

16.  European Union—It was moved by the Chairman of Committees that a Select Committee be appointed to consider European Union documents and other matters relating to the European Union.

    That the expression “European Union documents” shall include the following documents:

      (i)  Any proposal under the Community Treaties for legislation by the Council or the Council acting jointly with the European Parliament;

      (ii)  Any document which is published for submission to the European Council, the Council or the European Central Bank;

      (iii)  Any proposal for a common strategy, a joint action or a common position under Title V (provisions on a common foreign and security policy) of the Treaty on European Union which is prepared for submission to the Council or to the European Council;

    (iv)  Any proposal for a common position, framework decision, decision or a convention under Title VI (provisions on police and judicial co-operation in criminal matters) of the Treaty on European Union which is prepared for submission to the Council;

      (v)  Any document (not falling within (ii), (iii) or (iv) above) which is published by one Union institution for or with a view to submission to another Union institution and which does not relate exclusively to consideration of any proposal for legislation;

      (vi)  Any other document relating to European Union matters deposited in the House by a Minister of the Crown.

    That, as proposed by the Committee of Selection, the following Lords be named of the Committee:

B. Billingham
L. Brennan
L. Cavendish of Furness
L. Dubs
L. Grenfell (Chairman)
L. Hannay of Chiswick
B. Harris of Richmond
L. Jopling
L. Lamont of Lerwick

B. Maddock
L. Neill of Bladen
B. Park of Monmouth
L. Radice
L. Scott of Foscote
E. Selborne
B. Stern
L. Williamson of Horton
L. Woolmer of Leeds;

    That the Committee have power to appoint sub-committees and to refer to such sub-committees any of the matters within the terms of reference of the Committee; that the Committee have power to appoint the Chairmen of sub-committees, but that such sub-committees have power to appoint their own Chairman for the purpose of particular inquiries; that two be the quorum of such sub-committees;

    That the Committee have power to co-opt any Lord for the purpose of serving on a sub-committee;

    That the Committee have power to appoint specialist advisers;

    That the Committee and any sub-committee have power to adjourn from place to place;

    That the Committee have leave to report from time to time;

    That the Reports of the Select Committee from time to time shall be printed, notwithstanding any adjournment of the House;

    That the minutes of evidence taken before the European Union Committee or any sub-committee in the last session of Parliament be referred to the Committee;

    That the minutes of evidence taken before the Committee or any sub-committee from time to time shall, if the Committee think fit, be printed;

    after debate, the motion was agreed to.

17.  House Committee—It was moved by the Chairman of Committees that a Select Committee be appointed to supervise the general administration of the House and guide the work of the Management Board; to agree the annual Estimates, Supplementary Estimates and the three-year spending forecasts; to approve the House of Lords Annual Report; and to approve changes in employment policy;

    That, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee;

L. Barnett
L. Burlison
L. Craig of Radley
L. Hunt of Wirral
L. Lloyd of Berwick

L. Renfrew of Kaimsthorn
L. Rodgers of Quarry Bank
L. Strathclyde
B. Williams of Crosby
L. Williams of Mostyn (L. Privy Seal);

    That the Committee have leave to report from time to time;

    the motion was agreed to,

18.  Religious Offences—It was moved by the Chairman of Committees that a Select Committee be appointed to consider and report on the law relating to religious offences;

    That, as proposed by the Committee of Selection, the following Lords be named of the Committee:

L. Avebury
L. Bhatia
L. Clarke of Hampstead
V. Colville of Culross (Chairman)
L. Grabiner
L. Griffiths of Fforestfach

E. Mar and Kellie
B. Massey of Darwen
B. Perry of Southwark
Bp. Portsmouth
B. Warwick of Undercliffe
B. Wilcox;

    That the Committee have power to appoint specialist advisers;

    That the Committee have power to adjourn from place to place;

    That the minutes of evidence taken before the Religious Offences Committee in the last session of Parliament be referred to the Committee;

    That the minutes of evidence taken before the Committee from time to time shall, if the Committee think fit, be printed;

    the motion was agreed to.

19.  Science and Technology—It was moved by the Chairman of Committees that a Select Committee be appointed to consider science and technology and that, as proposed by the Committee of Selection, the following Lords be named of the Select Committee:

B. Finlay of Llandaff
L. Lewis of Newnham
L. McColl of Dulwich
L. Methuen
L. Mitchell
L. Oxburgh (Chairman)
L. Patel

L. Soulsby of Swaffham Prior
L. Turnberg
L. Wade of Chorlton
B. Walmsley
B. Warwick of Undercliffe
L. Winston
L. Young of Graffham;

    That the Committee have power to appoint sub-committees and that the Committee have power to appoint the Chairmen of sub-committees;

    That the Committee have power to co-opt any Lord for the purposes of serving on the Committee or any sub-committee;

    That the Committee have leave to report from time to time;

    That the Committee and any sub-committee have power to adjourn from place to place;

    That the Committee and any sub-committee have power to appoint specialist advisers;

    That the minutes of evidence taken before the Science and Technology Committee or any sub-committee in the last session of Parliament be referred to the Committee;

    That the minutes of evidence taken before the Committee or any sub-committee from time to time shall, if the Committee think fit, be printed;

    the motion was agreed to.

20.  Statutory Instruments—It was moved by the Chairman of Committees, pursuant to Standing Order 74 and the resolution of the House of 16th December 1997, that, as proposed by the Committee of Selection, the following Lords be appointed to join with a Committee of the Commons as the Joint Committee on Statutory Instruments:

L. Brougham and Vaux
L. Greenway
L. Hardy of Wath
L. Lea of Crondall

E. Russell
L. Skelmersdale
L. Vivian;

    the motion was agreed to.

21.  Deputy Chairmen of Committees—It was moved by the Chairman of Committees that, as proposed by the Committee of Selection, the following Lords be appointed as the panel of Lords to act as Deputy Chairmen of Committees for this session:

V. Allenby of Megiddo
L. Ampthill
L. Boston of Faversham
L. Brougham and Vaux
L. Burnham
L. Carter
L. Cope of Berkeley
B. Cox
L. Dean of Harptree
L. Elton

B. Fookes
L. Geddes
B. Gould of Potternewton
L. Grocott
L. Haskel
L. Hogg of Cumbernauld
B. Hooper
B. Lockwood
L. Lyell
C. Mar

L. Murton of Lindisfarne
V. Oxfuird
B. Pitkeathley
B. Ramsay of Cartvale
V. Simon

L. Skelmersdale
B. Thomas of Walliswood
L. Tordoff
B. Turner of Camden;

    the motion was agreed to.

22.  The Queen’s Speech—The debate on the motion that an Humble Address be presented to Her Majesty was resumed and, after further debate, was again adjourned till tomorrow.

The House was adjourned at seventeen minutes past nine o’clock

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

  Cler: Parliamentor:

 
 
 
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© Parliamentary copyright 2002
Prepared: 20 november 2002