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 27° Januarii 2003

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

PRAYERS were read by the Lord Bishop of Hereford.

Judicial Business

1.  In re O and N (minors) (FC)—The petition of Knowsley Metropolitan Borough Council, praying that the appeal be restored and for leave to give security for costs notwithstanding that the time limited by Standing Order V has expired (the agents for the respondents consenting thereto), was presented; and it was ordered as prayed.

2.  In re O and N (minors) (FC)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.

3.  In re O and N (minors) (FC)—The second respondent’s certificate of public funding was lodged.

4.  Appeal Committee—The following Orders were made pursuant to the 4th Report:

    Hewlett-Packard GmbH and others (Respondents) v. Waters Corporation and others (Petitioners)—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.

    Clark (Respondent) v. Tull (t/a Ardington Electrical Services) (Petitioner) and four other actions—That, in the cases of Clark (Respondent) v. Tull (t/a Ardington Electrical Services) (Petitioner), Sen (Respondent) v. Steelform Engineering Company Limited (Petitioners) and Burdis (Respondent) v. Livesey (Petitioner) 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; and in the case of Lagden (Respondent) v. O’Connor (Petitioner) the petition be referred for hearing.

5.  Appeal Committee—The following Order was made pursuant to the 15th Report:

    Ingle (FC) (Petitioner) v. Scarborough Borough Council (Respondents)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and 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.

    In re McFarland (AP) (Petitioner) (Northern Ireland)—That the petition be referred for hearing.

6.  Appeal Committee—The following Orders were made pursuant to the 18th Report:

    Parry (Petitioner) v. Ministry of Agriculture, Fisheries and Food 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.

    Regina v. Secretary of State for Environment, Food and Rural Affairs and others (Respondents) ex parte Greenpeace Limited (Petitioners)—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.

Papers

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

    World Trade Organisation—Agreement establishing the Advisory Centre on WTO Law (24th January).    (5736)

8.  Statutory Instruments (Standing Order 71)—The following negative instruments, having been laid before the House on 24th January, were ordered to lie on the Table:

    1.  Road Traffic (Permitted Parking Area and Special Parking Area) (District of Bath and North East Somerset) Order 2003, laid under the Road Traffic Act 1991;    (95)

    2.    (i)  Road User Charging (Enforcement and Adjudication) (London) (Amendment) Regulations 2003;    (108)

      (ii)  Road User Charging (Charges and Penalty Charges) (London) (Amendment) Regulations 2003;  (109)

      (iii)  Road User Charging and Workplace Parking Levy (Net Proceeds) (England) Regulations 2003;  (110)

      laid under the Greater London Authority Act 1999.

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

    1.    (i)  Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2003—    (114)

      (ii)  Electronic Commerce (EC Directive) (Extension) Regulations 2003—  (115)

      laid under the European Communities Act 1972;

    2.    (i)  Police Act 1997 (Criminal Records) (Amendment) Regulations 2003—   (116)

      (ii)  Police Act 1997 (Criminal Records) (Welsh Language) Regulations 2003—  (117)

      laid under the Police Act 1997;

    3.  Tobacco Advertising and Promotion (Sponsorship) Transitional Regulations 2003, laid under the Tobacco Advertising and Promotion Act 2002.  (77)

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

    1.  Accounts for 2000-01 of the following Education Action Zones, together with the Reports of the Comptroller and Auditor General:

      (i)  Middlesbrough—

      (ii)  North Somerset (Weston-Super-Mare)—

      laid under the School Standards and Framework Act 1998;

    2.  Accounts for 2001-02 of the following Education Action Zones, together with the Reports of the Comptroller and Auditor General:

      (i)  Birmingham (Kitts End and Sharp End)—

      (ii)  Camborne Pool Redruth—

      (iii)  Hamilton Oxford—

      (iv)  Newham—

      (v)  Preston—

      (vi)  Stoke—

      laid under the School Standards and Framework Act 1998.

Select Committee Reports

11.  Human Rights—The following Reports from the Joint Committee were made and ordered to be printed:

    Criminal Justice Bill; (2nd Report-HL Paper 40)

    Scrutiny of Bills: Further Progress Report. (3rd Report-HL Paper 41)

Public Business

12.  Harbours Bill [HL]—A bill to amend the procedure for dealing with applications for orders under section 14 or 16 of the Harbours Act 1964 and for making orders under section 15 of that Act; and for connected purposes was presented by the Lord Berkeley, read a first time and ordered to be printed. (HL Bill 24)

13.  Regional Assemblies (Preparations) Bill—A bill to make provision for the holding of referendums about the establishment of elected assemblies for the regions of England (except London); for reviewing the structure of local government in regions where the holding of a referendum is under consideration; for implementing the recommendations of such reviews; for the Electoral Commission to give advice in connection with the establishment of assemblies; for payment of grant in connection with the activities of regional chambers; and for incurring expenditure in preparation for assemblies and in connection with the transfer of functions to them was brought from the Commons, read a first time and ordered to be printed. (HL Bill 25)

14.  Regional Assemblies (Preparations) Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 25-EN)

15.  Community Care (Delayed Discharges etc.) Bill—It was moved by the Lord Hunt of Kings Heath that the bill be now read a second time; then it was moved by the Lord Clement-Jones, as an amendment thereto, at end to insert “but this House regrets that the Bill fails to tackle the causes of delayed discharges of patients from hospitals, creates perverse incentives which will undermine joint working between local authorities and the National Health Service, and will distort priorities for care of elderly people by placing the requirement to meet discharge targets ahead of measures to avoid hospital admission”; after debate, the amendment was (by leave of the House) withdrawn; then the bill was read a second time and committed to a Committee of the Whole House.

16.  Education Act 2002 (Modification of Provisions) (No. 2) (England) Regulations 2002—It was moved by the Baroness Blatch that an Humble Address be presented to Her Majesty praying that the Regulations, laid before the House on 2nd December 2002, be annulled (S.I. 2002/2953); after debate, the motion was disagreed to (see division list).

The House was adjourned at eleven minutes past eight o’clock

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

  Cler: Parliamentor:

APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN COMMITTEE ROOMS 3A AND 4B)

The Committee met at half-past three o’clock.

    Crime (International Co-operation) Bill [HL]—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the question that a clause stand part of the bill was negatived; the Committee was adjourned after clause 52 stood part.

The Committee was adjourned at twenty-nine minutes past six o’clock.

 
 
 
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Prepared: 28 january 2003