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 13° Martii 2003

The House met at eleven o’clock.

PRAYERS were read by the Lord Bishop of Derby.

Papers

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

    European Union—Developments in the European Union under the Danish Presidency July-December 2002.    (5763)

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

    Draft Electricity and Gas (Energy Efficiency Obligations) (Amendment) Order 2003, laid under the Gas Act 1986, together with an Explanatory Memorandum.

3.  Regulatory Reform—The following order was laid before the House under section 6(1) of the Regulatory Reform Act 2001 and referred to the Delegated Powers and Regulatory Reform Committee:

    Draft Regulatory Reform (Gaming Machines) Order 2003, together with a statement by the Department for Culture, Media and Sport.

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

    1.  (i)  Westminster Education Action Zone (Extension) Order 2003—  (544)

      (ii)  Great Yarmouth Achievement Education Action Zone (Extension) Order 2003—     (555)

      (iii)  Derby North East Education Action Zone (Extension) Order 2003—  (556)

      (iv)  North Stockton Community Education Action Zone (Extension) Order 2003—     (557)

      (v)  Action for Education and Employment South East Sheffield Education Action Zone (Extension) Order 2003—  (558)

      (vi)  North West Shropshire Education Action Zone (Extension) Order 2003—  (560)

      (vii)  Bristol Education Action Zone (Extension) Order 2003—  (561)

      laid under the School Standards and Framework Act 1998;

    2.  Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoption from Overseas) Regulations 2003, laid under the Social Security Contributions and Benefits Act 1992;    (500)

    3.  Local Government (Best Value) Performance Plans and Reviews (Amendment) (England and Wales) Order 2003, laid under the Local Government Act 1999;    (662)

    4.  Tax Credits (Official Error) Regulations 2003, laid under the Tax Credits Act 2002;    (692)

    5.  Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2003, laid under the Financial Services and Markets Act 2000;    (693)

    6.  ACAS (Flexible Working) Arbitration Scheme (England and Wales) Order 2003, laid under the Trade Union and Labour Relations (Consolidation) Act 1992.    (694)

Public Business

5.  Prevention of Driving under the Influence of Drugs Bill [HL]—A bill to make it an offence to drive a motor vehicle while under the influence of a controlled drug; to provide powers for police officers to undertake roadside drug tests on drivers; to provide that statistics of drug-related road accidents and deaths are collected and collated; and for connected purposes was presented by the Lord Dixon-Smith, read a first time and ordered to be printed. (HL Bill 44)

6.  Business of the House—It was moved by the Baroness Symons of Vernham Dean, on behalf of the Lord Privy Seal, that Standing Order 47 (No two stages of a Bill to be taken on one day) be dispensed with on Monday 17th March to allow the Consolidated Fund (No. 2) Bill to be taken through all its remaining stages; the motion was agreed to.

7.  Business of the House—It was moved by the Baroness Symons of Vernham Dean, on behalf of the Lord Privy Seal, that the debate on the motion in the name of the Lord Goodhart set down for Monday 17th March shall be limited to 3 hours; the motion was agreed to.

8.  Health (Wales) Bill—It was moved by the Lord Evans of Temple Guiting that the amendments for the Report stage be marshalled and considered in the following order:

Clause 1
Schedule 1
Clause 2
Schedule 2

Clauses 3 to 7
Schedules 3 and 4
Clauses 8 to 10;

    the motion was agreed to.

9.  Regional Assemblies (Preparations) Bill—The House resolved itself into a Committee upon the bill; an amendment was moved and (by leave of the Committee) withdrawn; a further amendment was moved and the debate on the amendment was adjourned; the House was resumed.

The House was adjourned during pleasure.

The House was resumed.

Judicial Business

10.  Owners of cargo lately laden on board the ship or vessel “Starsin” and others (Original Respondents and Cross-appellants) v. Owners and/or demise charterers of the ship or vessel “Starsin” (Original Appellants and Cross-respondents) and two other actions—It was moved by the Lord Bingham of Cornhill, That the 18th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal of the ship-owners be allowed, except as regards Makros Hout BV, and the cross-appeal of Fetim BV and Homburg Houtimport BV dismissed; that the judgments and Orders of the Court of Appeal of 23rd January 2001 and of Mr Justice Colman of 16th July 1999 in favour of Fetim BV and Homburg Houtimport BV be set aside; that the judgment of the Court of Appeal in favour of Makros Hout BV do stand; and that the question of costs be adjourned sine die. [2003] UKHL 12

11.  Regina v. Secretary of State for Health (Respondent) ex parte Quintavalle (on behalf of Pro-Life Alliance) (Appellant)—It was moved by the Lord Bingham of Cornhill, That the 19th 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 18th January 2002 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties. [2003] UKHL 13

12.  Bim Kemi AB (Petitioners) v. Blackburn Chemicals Limited (Respondents)—The petition of Bim Kemi AB praying for leave to appeal was presented and referred to an Appeal Committee.

13.  Cream Holdings Limited and others (Respondents) v. Banerjee and others (Petitioners)—The petition of Chumki Banerjee and the Liverpool Daily Post & Echo Limited praying for leave to appeal was presented and referred to an Appeal Committee.

14.  Sheldrake (Respondent) v. Director of Public Prosecutions (Petitioner)—The petition of the Director of Public Prosecutions praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee (lodged 5th March).

15.  Waters and others (Appellants) v. Welsh Development Agency (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee.

16.  Appeal Committee—The 32nd Report from the Appeal Committee was agreed to and the following Order was made—

    Secretary of State for Trade and Industry (Petitioner) v. Frid (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 27th March.

17.  Appeal Committee—The 33rd Report from the Appeal Committee was agreed to and the following Orders were made—

    Regina v. Secretary of State for the Home Department (Respondent) ex parte Carroll (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 respondent be at liberty to apply for his 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.

    Regina v. Secretary of State for the Home Department (Respondent) ex parte Al-Hasan (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 respondent be at liberty to apply for his 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.

    Times Newspapers Limited (Petitioners) v. Burstein (Respondent)—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.

    Regina v. Secretary of State for the Home Department (Respondent) ex parte Greenfield (FC) (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 27th March.

    Regina v. Webber (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 27th March.

The House was adjourned during pleasure.

The House was resumed.

Public Business

18.  Regional Assemblies (Preparations) Bill—The House again resolved itself into a Committee upon the bill; the adjourned debate on an amendment was resumed; after further debate, the amendment was (by leave of the Committee) withdrawn; further amendments were moved and (by leave of the Committee) withdrawn; an amendment was disagreed to (see division list); the House was resumed after amendment 17.

19.  North Korea—The Lord Alton of Liverpool asked Her Majesty’s Government what is their policy on the threat posed by North Korea to international security and to the human rights of its citizens; after debate, the question was answered by the Baroness Symons of Vernham Dean.

20.  European Parliament (Representation) Bill—The bill was reported from the Grand Committee with amendments; it was ordered that the bill be printed as amended. (HL Bill 45)

The House was adjourned at eight minutes before nine o’clock

till tomorrow, eleven o’clock.

MICHAEL DAVIES

  Cler: Parliamentor:

APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

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

    European Parliament (Representation) Bill—The bill was considered in the Grand Committee; amendments were agreed to; amendments were moved and (by leave of the Committee) withdrawn.

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

 
 
 
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Prepared: 14 march 2003