House of Lords
Session 2001- 02
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Minutes and Order Papers

Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Lunae 17° Februarii 2003

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

PRAYERS were read by the Lord Bishop of Chelmsford.

Judicial Business

1.  Regina v. Chief Constable of South Yorkshire Police (Respondent) ex parte Marper (FC) (Appellant) (England)—The appeal of Michael Raymond Marper was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 31st March next.

2.  Regina v. Chief Constable of South Yorkshire Police (Respondent) ex parte LS (by his mother and litigation friend JB) (FC) (Appellant) (England)—The appeal of LS was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 31st March next.

3.  Venables and others (Appellants) v. Hornby (Her Majesty’s Inspector of Taxes) (Respondent) (England)—The appeal of David John Venables, Capco Trust Jersey Limited, David John Capps and Steven Robert Venables was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 31st March next.

4.  Regina v. Millennium Commission (Respondents) ex parte Asha Foundation (Petitioners)—The petition of the Asha Foundation praying for leave to appeal was presented and referred to an Appeal Committee (lodged 14th February).

5.  Barclays Bank plc v. Ellis and another (Petitioners)—The petition of Travert Linford Ellis and Maynette May Ellis praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

6.  In re B (minors) (2002) (FC)—The appeal was set down for hearing and referred to an Appellate Committee.

7.  Regina v. Police Complaints Authority (Respondents) ex parte Green (FC) (Appellant)—The appeal was set down for hearing and referred to an Appellate Committee.

8.  In re O and N (minors) (FC)—The appeal was set down for hearing and referred to an Appellate Committee.

9.  Regina v. Secretary of State for the Home Department and another (Respondents) ex parte IH (FC) (Appellant)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 1st April next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

10.  Appeal Committee—The 27th Report from the Appeal Committee was agreed to and the following Order was made—

    Regina v. Nottinghamshire Healthcare NHS Trust and another (Respondents) ex parte Morley (FC) (Petitioner)—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.

11.  Appeal Committee—The 28th Report from the Appeal Committee was agreed to and the following Orders were made—

    Cummins (Respondent) v. Shell International Manning Services (Petitioners)—That leave to appeal be refused; that the respondent be at liberty to apply for his 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.

    Kerr (Respondent) (AP) v. Department for Social Development (Petitioners) (Northern Ireland)—That leave to appeal be given; and that the petition of appeal be lodged by 3rd March next.

    Williams (Respondent) v. Jones and others (Petitioners)—That leave to appeal be refused; that the respondent be at liberty to apply for his 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.

    In re Schmidt (Petitioner) (application for a writ of Habeas Corpus)—That leave to appeal be refused.

    Dunn (FC) and another (FC) (Petitioners) v. Bradford Metropolitan District Council (Respondents)—That leave to appeal be refused; that the costs of the petitioners 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.

    Marston (FC) and another (FC) (Petitioners) v. Leeds City Council (Respondents)—That leave to appeal be refused; that the costs of the petitioners 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.

    Akenzua (FC) and another (administrators of the estate of Marcia Zena Laws (deceased)) (Respondents) v. Secretary of State for the Home Department and another (Petitioner)—That leave to appeal be refused; and that the first and second 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 that the costs of the first respondent be taxed in accordance with the Access to Justice Act 1999.

    In re McParland (AP) (Petitioner) (Northern Ireland)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981; 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.

    Ghaidan (Petitioner) v. Godin-Mendoza (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 3rd March next.

12.  Appeal Committee—The 29th Report from the Appeal Committee was agreed to and the following Order was made—

    Regina v. South Cambridgeshire District Council (Respondents) ex parte Kides (FC) (Petitioner)—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.

Papers

13.  Instruments withdrawn—The following instruments, laid before the House on 6th February, were withdrawn on 14th February:

    Draft Horticultural Development Council (Amendment) Order 2003;

    Draft Apple and Pear Research Council (Dissolution) Order 2003.

14.  Command Paper—The following paper, having been presented to the House by command of Her Majesty on 14th February, was ordered to lie on the Table:

    Transfer of Prisoners—Agreement between the United Kingdom and Cuba on the Transfer of Prisoners, together with an Explanatory Memorandum.    (5752)

15.  Statutory Instrument (Standing Order 71)—The following negative instrument, having been laid before the House on 14th February, was ordered to lie on the Table:

    Trunk Road Charging Schemes (Bridges and Tunnels) (Keeping of Accounts) (England) Regulations 2003, laid under the Transport Act 2000.    (298)

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

    1.  Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2003, laid under the Social Security Contributions and Benefits Act 1992;  (270)

    2.  Proceeds of Crime Act 2002 (Recovery from Pension Schemes) Regulations 2003, laid under the Proceeds of Crime Act 2002;  (291)

    3.  Credit Unions Act 1979 (Commencement No. 3) Order 2003, laid under the Credit Unions Act 1979.  (306)

Select Committee Report

17.  Liaison Committee—The First Report from the Select Committee was made and ordered to be printed. (HL Paper 57)

Public Business

18.  Licensing Bill [HL]—It was moved by the Baroness Blackstone that the amendments for the Report stage be marshalled and considered in the following order:

Clause 1
Schedules 1 and 2
Clauses 2 to 4
Clause 177
Clauses 5 to 8
Schedule 3

Clauses 9 to 111
Schedule 4
Clauses 112 to 176
Schedule 5
Clauses 178 to 196
Schedules 6 to 8;

    the motion was agreed to.

19.  Community Care (Delayed Discharges etc.) Bill—The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; an amendment was agreed to (see division list); the House was resumed.

20.  Public Services (Disruption) Bill [HL]—The House resolved itself into a Committee upon the bill; 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 34)

The House was adjourned during pleasure.

The House was resumed.

21.  Community Care (Delayed Discharges etc.) Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed after amendment 66.

The House was adjourned at twenty-nine minutes past ten o’clock

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

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Prepared: 18 february 2003