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 11° Martii 2003

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

PRAYERS were read by the Lord Bishop of Derby.

Judicial Business

1.  Mulkerrins (formerly Woodward) (FC) (Appellant) v. Pricewaterhouse Coopers (a firm) (formerly trading as Coopers & Lybrand (a firm)) (Respondents) (England)—The appeal of Barbara Anne Mulkerrins was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 22nd April next.

2.  Campbell (Appellant) v. MGN Limited (Respondents) (England)—The appeal of Naomi Campbell was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 22nd April next.

3.  Euro Brokers Holdings Limited (Respondents) v. Monecor (London) Limited (Petitioners)—The petition of Monecor (London) Limited praying for leave to appeal was presented and referred to an Appeal Committee.

4.  Halford (Petitioner) v. Chief Constable of Hampshire Constabulary and another (Respondents)—The petition of Peter Michael Halford praying for leave to appeal was presented and referred to an Appeal Committee.

5.  Stena Rederi Aktiebolag and others (Petitioners) v. Irish Ferries Limited (Respondents)—The petition of Stena Rederi Aktiebolag and Stena Line Aktiebolag praying for leave to appeal was presented and referred to an Appeal Committee.

6.  Regina v. Secretary of State for the Home Department (Respondent) ex parte Amin (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 2nd April next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

Papers

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

    1.  Devolution—Government Response to the 2nd Report of the Select Committee on the Constitution: Devolution: Inter-Institutional Relations in the United Kingdom;  (5780)

    2.  Finance—Treasury Minute on the Remission of Outstanding Public Dividend Capital on the Dissolution and Reconfiguration of Certain National Health Service Trusts.    (—)

8.  Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

    Draft Climate Change Levy (Combined Heat and Power Stations) Prescribed Conditions and Efficiency Percentages (Amendment) Regulations 2003, laid under the Finance Act 2000, together with an Explanatory Memorandum.

9.  Regulatory Reform—The following order was laid before the House under section 4(2) of the Regulatory Reform Act 2001 and referred to the Delegated Powers and Regulatory Reform Committee:

    Draft Regulatory Reform (Schemes under Section 129 of the Housing Act 1988) (England) Order 2003.

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

    1.  (i)  European Convention on Extradition (Amendment) Order 2003—  (408)

      (ii)    European Convention on Extradition (Fiscal Offences) (Amendment) Order 2003—  (436)

      laid under the Extradition Act 1989;

    2.  Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003, laid under the Proceeds of Crime Act 2002;    (425)

    3.    (i)  Biocidal Products (Amendment) Regulations 2003—    (429)

      (ii)     European Communities (Designation) Order 2003—  (432)

      (iii)     Health and Safety (Fees) Regulations 2003—  (547)

      (iv)     Immigration (European Economic Area) (Amendment) Regulations 2003—  (549)

      (v)     Medicines for Human Use and Medical Devices (Fees Amendments) Regulations 2003—  (625)

      (vi)     Plant Protection Products (Fees) Regulations 2003—  (660)

      laid under the European Communities Act 1972;

    4.  Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2003, laid under the Social Security (Miscellaneous Provisions) Act 1977;    (434)

    5.  Public Records (Designation of Bodies) Order 2003, laid under the Public Records Act 1958;    (438)

    6.    (i)  Child Benefit and Guardian’s Allowance (Transfer of Staff) (Northern Ireland) Order 2003—    (457)

      (ii)     Tax Credits (Immigration) Regulations 2003—  (653)

      (iii)     Tax Credits (Residence) Regulations 2003—  (654)

      laid under the Tax Credits Act 2002;

    7.  Social Security (Miscellaneous Amendments) Regulations 2003, laid under the Social Security Contributions and Benefits Act 1992;    (511)

    8.  Local Authorities (Capital Finance) (Amendment No. 2) (England) Regulations 2003, laid under the Local Government and Housing Act 1989;    (515)

    9.  Local Government (Best Value) Performance Indicators and Performance Standards Order 2003, laid under the Local Government Act 1999;    (530)

    10.  Accounts and Audit Regulations 2003, laid under the Audit Commission Act 1998;    (533)

    11.    (i)  British Nationality (British Overseas Territories) (Amendment) Regulations 2003—    (539)

      (ii)     British Nationality (Hong Kong) (Amendment) Regulations 2003—  (540)

      (iii)     British Nationality (General) Regulations 2003—  (548)

      laid under the British Nationality Act 1981;

    12.    (i)  Immigration Employment Document (Fees) Regulations 2003—    (541)

      (ii)     Immigration and Asylum Appeals (Procedure) Rules 2003—  (652)

      (iii)     Immigration (Notices) Regulations 2003—  (658)

      laid under the Nationality, Immigration and Asylum Act 2002;

    13.  Misuse of Drugs (Licence Fees) (Amendment) Regulations 2003, laid under the Misuse of Drugs Act 1971;    (611)

    14.  Immigration Control (Provision of Facilities at Ports) Order 2003, laid under the Immigration and Asylum Act 1999;    (612)

    15.    (i)  Wolverhampton Health Care National Health Service Trust (Transfer of Trust Property) Order 2003—    (613)

      (ii)     Doncaster and South Humber Healthcare National Health Service Trust (Transfer of Trust Property) Order 2003—  (614)

      (iii)     Local Health Partnerships National Health Service Trust (Transfer of Trust Property) Order 2003—  (615)

      (iv)     Mid Essex Hospital Services National Health Service Trust (Transfer of Trust Property) Order 2003—  (616)

      (v)     Salisbury Healthcare National Health Service Trust (Transfer of Trust Property) Order 2003—  (618)

      (vi)     Southwark Primary Care Trust (Transfer of Trust Property) Order 2003—  (619)

      (vii)     Surrey and Sussex Healthcare National Health Service Trust (Transfer of Trust Property) Order 2003—  (620)

      (viii)     Surrey Hampshire Borders National Health Service Trust (Transfer of Trust Property) Order 2003—  (621)

      (ix)     University College London Hospitals National Health Service Trust (Transfer of Trust Property) Order 2003—  (622)

      (x)     Winchester and Eastleigh Healthcare National Health Service Trust (Transfer of Trust Property) Order 2003—  (623)

      (xi)     Bath and North East Somerset Primary Care Trust (Transfer of Trust Property) Order 2003—  (624)

      (xii)     NHS Bodies and Local Authorities Partnership Arrangements (Amendment) (England) Regulations 2003—  (629)

      (xiii)     South Birmingham Mental Health National Health Service Trust (Transfer of Trust Property) Order 2003—  (632)

      (xiv)     Northern Birmingham Mental Health National Health Service Trust (Transfer of Trust Property) Order 2003—  (633)

      (xv)     National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2003—  (657)

      laid under the National Health Service Act 1977;

    16.  Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations, laid under the Protection of Children Act 1999;    (626)

    17.    (i)  National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2003—    (627)

      (ii)     National assistance (Sums for Personal requirements) (England) Regulations 2003—  (628)

      laid under the National Assistance Act 1948;

    18.  National Health Service (Pension Scheme, Injury Benefits and Compensation for Premature Retirement) Amendment Regulations 2003, laid under the Superannuation Act 1972;    (631)

    19.    (i)  Road Traffic (Permitted Parking Area and Special Parking Area) (County of Essex) (District of Maldon) Order 2003—    (634)

      (ii)     Road Traffic (Permitted Parking Area and Special Parking Area) (County of Essex) (District of Basildon) Order 2003—  (635)

      laid under the Road Traffic Act 1991;

    20.  Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003, laid under the Road Traffic Act 1988;    (636)

    21.  Personal Injuries (Civilians) Amendment Scheme 2003, laid under the Personal Injuries (Emergency Provisions) Act 1939;    (637)

    22.    (i)  Commission Areas (Greater London) Order 2003—    (640)

      (ii)     Commission Areas (South Wales) Order 2003—  (641)

      laid under the Justices of the Peace Act 1997;

    23.    (i)  Family Proceedings Fees (Amendment) Order 2003—    (645)

      (ii)     Supreme Court Fees (Amendment) Order 2003—  (646)

      (iii)     County Court Fees (Amendment) Order 2003—  (648)

      laid under the Insolvency Act 1986;

    24.    (i)  Criminal Defence Service (Funding) (Amendment) Order 2003—    (642)

      (ii)     Criminal Defence Service (Recovery of Defence Costs Orders) (Amendment) Regulations 2003—  (643)

      (iii)     Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2003—     (644)

      (iv)     Community Legal Service (Costs) (Amendment) Regulations 2003—  (649)

      (v)     Community Legal Service (Financial) (Amendment) Regulations 2003—  (650)

      (vi)     Community Legal Service (Funding) (Amendment) Order 2003—  (651)

      laid under the Access to Justice Act 1999;

    25.  Supreme Court (Review of Taxation in Criminal Cases) Fees (Amendment) Order 2003, laid under the Supreme Court Act 1981;    (647)

    26.  Private Hire Vehicles (London) (Transitional and Saving Provisions) Regulations 2003, laid under the Private Hire Vehicles (London) Act 1998;    (655)

    27.  Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 2003, laid under the Wireless Telegraphy Act 1949;    (663)

    28.  Awards for All (England) Joint Scheme (Authorisation) Order 2003, laid under the National Lottery etc. Act 1993.    (664)

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

    1.  Air Navigation (Overseas Territories) (Amendment) Order 2003, laid under the Civil Aviation Act 1949;  (433)

    2.  Bermuda Constitution (Amendment) Order 2003, laid under the Bermuda Constitution Act 1967;  (456)

    3.  Report and Accounts for 2001-02 of British Shipbuilders, laid under the Aircraft and Shipbuilding Industries Act 1977;

    4.  Civil List Pensions for 2002-03, laid under the Civil List Act 1972;

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

      (i)     North East Lincolnshire (Grimsby)—

      (ii)     South East Sheffield—

      laid under the School Standards and Framework Act 1998.

Select Committee Reports

12.  European Union—The following Reports from the Select Committee were made and ordered to be printed:

    Future of Europe: National Parliaments and Subsidiarity—The Proposed Protocols, together with the Minutes of Evidence; (11th Report-HL Paper 70)

    Future of Europe: Constitutional Treaty—Draft Articles 24-33; (12th Report-HL Paper 71)

    Stability and Growth Pact, together with the Minutes of Evidence. (13th Report-HL Paper 72)

13.  Statutory Instruments—The 13th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

      Draft Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order 2003;

      Draft General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003;

      Draft Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003;

    it was ordered that the Report be printed. (HL Paper 73)

Private Business

14.  Hereford Markets Bill [HL]—It was reported by the Chairman of Committees, pursuant to Private Business Standing Order 91 (Special circumstances), that he had received a further report on the bill from Mr Tony McNulty MP, Minister for Housing, Planning and Regeneration, stating that, in the Minister’s opinion, the promoters had undertaken an adequate assessment of the compatibility of their proposals with the European Convention on Human Rights.

Public Business

15.  Licensing Bill [HL]—The Queen’s consent was signified; the bill was read a third time; an amendment was disagreed to (see division list 1); amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; an amendment was agreed to (see division list 2); a privilege amendment was agreed to; then, after debate, the bill was passed and sent to the Commons.

16.  Local Government Bill—A bill to make provision about finance, and other provision, in connection with local and certain other authorities; to provide for changing the dates of local elections in 2004; to amend the Audit Commission Act 1998; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 43)

17.  Local Government Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 43-EN)

18.  Corruption—A message was brought from the Commons that they concur with the resolution of this House of 12th February relating to a Joint Committee to consider any draft Corruption Bill and that they have made the following orders:

    That a Select Committee of seven Members be appointed to join with the Committee appointed by the Lords to consider any such draft Corruption Bill;

    That the Committee shall have power—

      (i)  to send for persons, papers and records;

      (ii)  to sit notwithstanding any adjournment of the House;

      (iii)  to report from time to time;

      (iv)  to appoint specialist advisers;

      (v)  to adjourn from place to place within the United Kingdom.

19.  Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21 to 23) Order 2003—It was moved by the Lord Filkin that the draft Order laid before the House on 23rd January be approved; after debate, the motion was agreed to.

20.  Police and Criminal Evidence Act 1984 (Codes of Practice) (Codes B to E) (No. 2) Order 2003—It was moved by the Lord Falconer of Thoroton that the Order laid before the House on 27th February be approved; after debate, the motion was agreed to.

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

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

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Prepared: 12 march 2003