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 Lunae 25° Novembris 2002

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

PRAYERS were read by the Lord Bishop of Southwark.

1.  Leave of Absence—It was ordered that leave of absence be granted to the Baroness Fisher of Rednal for the remainder of this Parliament.

Judicial Business

2.  Regina v. Secretary of State for the Home Department (Respondent) ex parte Anderson (FC) (Appellant)—It was moved by the Lord Bingham of Cornhill, That the 2nd 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 13th November 2001 and the Order of the Divisional Court of 22nd February 2001 be set aside; that it be declared that

      “Section 29 of the Crime (Sentences) Act 1997 is incompatible with a Convention right (that is the right under Article 6 of the European Convention on Human Rights to have a sentence imposed by an independent and impartial tribunal) in that the Secretary of State for the Home Department is acting so as to give effect to section 29 when he himself decides on the minimum period which must be served by a mandatory life sentence prisoner before he is considered for release on life licence”;

    that the respondent do pay to the appellant his costs before the Divisional Court, in the Court of Appeal and before this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the appellant be taxed in accordance with the Access to Justice Act 1999. [2002] UKHL 46

3.  Regina v. Lichniak (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—

4.  Regina v. Pyrah (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—

    (Consolidated Appeals)

    It was moved by the Lord Bingham of Cornhill, That the 3rd 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 2nd May 2001 be affirmed and the appeals dismissed; and that there be no order as to costs. [2002] UKHL 47

5.  Donohue (Respondent) v. Armco Inc and others (Appellants)—It was moved by the Lord Bingham of Cornhill, That the 5th Report from the Appeal Committee be agreed to; the motion was agreed to. It was ordered that the judgment of the House of 13th December last (25th Report from the Appellate Committee (Session 2001-02) [2001] UKHL 64) be varied; that judgment be given in the following terms: ’that the Order of the Court of Appeal of 29th March 2000 be set aside and that the Order of Mr Justice Aikens of 15th July 1999 be restored, save as to costs (save that paragraph 4 of that order be amended so as to read “The balance of the action be dismissed save for the claim by the Claimant for damages as against (i) the Second and Third Defendants and (ii) the First Defendant in respect of claims asserted by it pursuant to causes of action vested in it as the successor to Armco Financial Services Europe Limited (“AFSEL”) (but not causes of action to which the First Defendant is entitled otherwise than as successor to AFSEL)” on the giving by the appellants of an undertaking in the following terms “That they undertake not to enforce against Mr Donohue, Wingfield or CISHL any multiple or punitive damages awarded in the New York proceedings whether awarded pursuant to the RICO statute or common law”. For the avoidance of doubt, the above undertaking (i) shall not restrict the Armco companies from seeking to enforce any award made in the New York proceedings for damages which are not multiple or punitive; (ii) shall relate only to enforcement; (iii) as against any defendant in the New York proceedings other than Mr Donohue, Wingfield or CISHL, shall have no effect whatsoever in respect of the Armco companies pursuing or enforcing any claim or award in the New York proceedings whether for multiple or punitive damages or otherwise; that the appellants do abide by that undertaking; and that the question of costs be adjourned sine die’; and that there be no order as to costs on the petition of the respondent to vary the judgment.

6.  Civil practice directions—The 6th Report from the Appeal Committee was made and it was ordered that the practice directions applicable to civil appeals be revoked and that the new edition agreed by the Committee be promulgated by the Clerk of the Parliaments.

7.  Criminal practice directions—The 7th Report from the Appeal Committee was made and it was ordered that the practice directions applicable to criminal appeals be revoked and that the new edition agreed by the Committee be promulgated by the Clerk of the Parliaments.

8.  Matin (Petitioner) v. Commissioner of Police for the Metropolis (Respondent)—The petition of Abdul Matin praying for leave to appeal 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 (lodged 15th July).

9.  Marcic (Respondent) v. Thames Water Utilities Limited (Appellants)—The petition of Philip John Fletcher praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.

10.  Buchler and another (as joint liquidators of Leyland Daf Limited) (Respondents) v. Talbot and another (as joint administrative receivers of Leyland Daf Limited) and others (Appellants) and others—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 7th January next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

11.  Regina v. Ashworth Hospital Authority (Appellants) and others (Respondents) ex parte H (FC) (Respondent) and one other action—The certificate of public funding for the respondent H was lodged.

12.  Appeal Committee—The 8th Report from the Appeal Committee was agreed to and the following Orders were made—

    In re B (minors) (2002)—That the petition be referred for hearing.

    In re O and N (minors)—That the petition be referred for hearing.

The House was adjourned during pleasure.

The House was resumed.

Papers

13.  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.  Defence—Ministry of Defence Performance Report for 2001-02; (22nd November)    (5661)

    2.  Science and Technology—Government Response to the Report from the House of Commons Science and Technology Committee: Developments in Human Genetics and Embryology. (25th November)    (5693)

14.  Statutory Instruments (Standing Order 71)—The following negative instrument, having been laid before the House on 22nd November, was ordered to lie on the Table:

    Potatoes Originating in Egypt (Amendment) (England) Regulations 2002, laid under the European Communities Act 1972.    (2902)

15.  Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:

    1.  Draft Company Directors Disqualification (Northern Ireland) Order 2002, together with an Explanatory Memorandum;

    2.  Draft Environment (Northern Ireland) Order 2002, together with an Explanatory Memorandum;

    3.  Draft Insolvency (Northern Ireland) Order 2002, together with an Explanatory Memorandum;

    4.  Draft Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2002, together with an Explanatory Memorandum.

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

    1.  Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2002, laid under the Teaching and Higher Education Act 1998;    (2859)

    2.    (i)  Building (Amendment) (No. 2) Regulations 2002—    (2871)

      (ii)  Building (Approved Inspectors etc.) (Amendment) Regulations 2002—  (2872)

      laid under the Building Act 1984.

17.  Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

    Draft Code of Practice for Constables and Customs Officers, laid under the Proceeds of Crime Act 2002.

Private Business

18.  London Development Agency Bill—The Examiner’s certificate that no further standing order is applicable was ordered to lie on the Table.

Public Business

19.  Administration and Works—It was moved by the Chairman of Committees that a Select Committee be appointed to consider administrative services, security, works and accommodation, within financial limits approved by the House Committee;

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

L. Cope of Berkeley
L. Craig of Radley
B. Darcy de Knayth
L. Evans of Parkside
L. Grocott
Bp. Guildford

L. Kirkham
B. McFarlane of Llandaff
B. Massey of Darwen
L. Phillips of Sudbury
L. Roper;

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

    the motion was agreed to.

20.  Information—It was moved by the Chairman of Committees that a Select Committee be appointed to consider information and communications services, including the Library and the Parliamentary Archives, within financial limits approved by the House Committee;

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

L. Avebury
L. Baker of Dorking (Chairman)
L. Burnham
E. Erroll
B. Gale
B. Gardner of Parkes
B. Goudie

L. Hobhouse of Woodborough
L. Lucas
L. Methuen
L. Mitchell
E. Sandwich
B. Wilkins;

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

    the motion was agreed to.

21.  Refreshment—It was moved by the Chairman of Committees that a Select Committee be appointed to consider the refreshment services provided for the House, within financial limits approved by the House Committee;

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

L. Ahmed
L. Burnham
L. Colwyn (Chairman)
V. Falkland
L. Geddes
L. Grocott

B. Harris of Richmond
L. Palmer
B. Pitkeathley
B. Rendell of Babergh
Ly. Saltoun of Abernethy
B. Strange;

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

    the motion was agreed to.

22.  Works of Art—It was moved by the Chairman of Committees that a Select Committee be appointed to administer the House of Lords Works of Art Collection Fund; and to consider matters relating to works of art in the House of Lords, within financial limits approved by the House Committee;

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

L. Cobbold
L. Eames
L. Gavron
B. Hilton of Eggardon (Chairman)
L. Luke
L. Redesdale

L. Rees
L. Rees-Mogg
L. Tordoff
B. Trumpington
B. Warwick of Undercliffe;

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

    the motion was agreed to.

23.  European Union—It was moved by the Chairman of Committees, on behalf of the Committee of Selection, that the Lord Shutt of Greetland be appointed a member of the Select Committee; the motion was agreed to.

24.  Summer recess—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) to resolve that it is the opinion of this House that, subject to the requirements of business, in 2003 the summer recess should begin not later than the middle of July and the House should sit for two weeks in September; after debate, the motion was agreed to (see division list).

25.  Arms Control and Disarmament (Inspections) Bill [HL]—It was moved by the Baroness Symons of Vernham Dean that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Grand Committee.

26.  Functions of Traffic Wardens (Amendment) Order 2002—It was moved by the Lord Falconer of Thoroton, on behalf of the Lord Filkin, that the draft Order laid before the House on 23rd October be approved; after debate, the motion was agreed to.

27.  Release of Short-Term Prisoners on Licence (Amendment of Requisite Period) Order 2002—It was moved by the Lord Falconer of Thoroton, on behalf of the Lord Filkin that the draft Order laid before the House on 29th October be approved; after debate, the motion was agreed to.

The House was adjourned at twenty-five minutes before seven o’clock

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

  Cler: Parliamentor:

CORRECTIONS

In the Minutes of Proceedings of 21st November, the following item, which was included in item 8 (Negative Instruments), should have appeared as follows in item 7 (Affirmative Instruments):

    5.  Companies (Fees) (Amendment No. 2) Regulations 2002, together with an Explanatory Memorandum.    (2894)

    The Limited Liability Partnerships (Fees) (Amendment) Regulations 2002, which appeared as item 8.5(ii), should have the number (2895).

 
 
 
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Prepared: 26 november 2002