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 Jovis 30° Januarii 2003

The House met at eleven o’clock.

PRAYERS were read by the Lord Bishop of Hereford.

Papers

1.  Instrument withdrawn—The following instrument, laid before the House on 23rd January, was withdrawn:

    Draft Terrorism Act 2000 (Code of Practice on Video Recording of Interviews) (Northern Ireland) Order 2003.

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

    1.  Draft National Assembly for Wales (Representation of the People) Order 2003, laid under the Government of Wales Act 1998;

    2.  Draft Police and Criminal Evidence Act 1984 (Codes of Practice) (Codes B to E) Order 2003, laid under the Police and Criminal Evidence Act 1984, together with an Explanatory Memorandum.

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

    1.  Legal Aid (Remuneration of Solicitors and Counsel in County Court Proceedings) (Amendment) Order (Northern Ireland) 2003, laid under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981;    (—)

    2.  Intercountry Adoption (Hague Convention) Regulations 2003, laid under the Adoption Act 1976;    (118)

    3.  Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations 2003, laid under the Police Act 1997.    (137)

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

    1.  Draft Code of Practice for the Video Recording with Sound of Police Interviews of persons detained under the Terrorism Act 2000, laid under the Northern Ireland Act 2000;  

    2.  Report by the Police Complaints Authority on Shootings by Police in England and Wales from 1998 to 2001, laid under the Police Act 1996;

    3.  Report on the number of Notices, Directions and Enforcement Notices served in 2002 under the Channel Tunnel (Security) Order 1994, laid under that Order;

    4.  Report on the number of Notices, Directions and Enforcement Notices served in 2002 under the Aviation and Maritime Security Act 1990, laid under that Act;

    5.  Report on the number of Notices, Directions and Enforcement Notices served in 2002 under the Aviation Security Act 1982 as amended by the Aviation and Maritime Security Act 1990 and the Anti-Terrorism, Crime and Security Act 2001, laid under the Aviation Security Act 1982.

Public Business

5.  Arms Control and Disarmament (Inspections) Bill [HL]—The bill was read a third time and passed and sent to the Commons.

6.  National Minimum Wage (Enforcement Notices) Bill [HL]—The bill was read a third time; amendments were agreed to; a privilege amendment was agreed to; then the bill was passed and sent to the Commons.

7.  Police (Northern Ireland) Bill [HL]—The bill was read a third time; amendments were agreed to; an amendment was disagreed to (see division list); amendments were moved and (by leave of the House) withdrawn; a privilege amendment was agreed to; then the bill was passed and sent to the Commons.

The House was adjourned during pleasure.

The House was resumed.

Judicial Business

8.  Regina v. H (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—It was moved by the Lord Bingham of Cornhill, That the 7th 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 5th October 2001 be affirmed and the appeal dismissed; and that the general opening certified question be answered in the affirmative and questions (i) and (ii) in the negative. [2003] UKHL 1

9.  In re Kanaris (FC) (Respondent) (application for a writ of Habeas Corpus) (On Appeal from the Administrative Court of the Queen’s Bench Division of Her Majesty’s High Court of Justice)—It was moved by the Lord Nicholls of Birkenhead, That the 8th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal of the Crown Prosecution Service be allowed; that it be declared that “a preparatory hearing did take place in respect of the respondent on 5th October 2001”; that the Order of Mr Justice Andrew Smith of 9th January 2002 be set aside, save that the question whether the respondent should continue to be released on bail be remitted to Her Majesty’s High Court of Justice; and that there be no order as to costs before Mr Justice Andrew Smith and before this House, save that the costs of the respondent before this House be taxed in accordance with section 11 of the Access to Justice Act 1999. [2003] UKHL 2

10.  Regina v. Connor and another (Appellants) (On Appeal from the Court of Appeal (Criminal Division))—

11.  Regina v. Mirza (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—

    The petition of the appellants praying that the appeals be conjoined; that they be allowed to lodge separate statements, one appendix and separate cases and that the Appellants and Respondents be separately represented in respect of the two appeals (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

The House was adjourned during pleasure.

The House was resumed.

Public Business

12.  Mergers (EUC Report)—It was moved by the Lord Grenfell that this House takes note of the Report of the European Union Committee on the Review of EC Merger Regulation (32nd Report, HL Paper 165, Session 2001-02); after debate, the motion was agreed to.

13.  Regulatory Reform (Credit Unions) Order 2003—It was moved by the Lord McIntosh of Haringey that the draft Regulatory Reform Order laid before the House on 16th December 2002 be approved; after debate, the motion was agreed to.

The House was adjourned at half-past five o’clock

to Monday next, half-past two o’clock.

MICHAEL DAVIES

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Prepared: 31 january 2003