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 20° Martii 2003

The House met at eleven o’clock.

PRAYERS were read by the Lord Bishop of Gloucester.

1.  Royal Assent—The Lord Speaker (Lord Brabazon of Tara) notified the Queen’s Assent to the following Acts:

Consolidated Fund Actc.2
Northern Ireland Assembly Elections Actc. 3

2.  Earldom of Limerick in the Peerage of Ireland and Barony of Foxford in the Peerage of the United Kingdom—The Lord Chancellor reported that Edmund Christopher Pery had established his succession to the Earldom of Limerick in the Peerage of Ireland and to the Barony of Foxford in the Peerage of the United Kingdom. The Clerk of the Parliaments was accordingly directed to enter the Earl of Limerick (Lord Foxford) on the register of hereditary peers maintained under Standing Order 10(5).

Papers

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

    1.  Grinling Gibbons Primary School (Change to School Session Times) Order 2003, laid under the Education Act 2002;  (716)

    2.  Education (School Teachers’ Pay and Conditions) Order 2003, laid under the School Teachers’ Pay and Conditions Act 1991;  (769)

    3.  Merchant Shipping (Passenger Ships on Domestic Voyages) (Amendment) Regulations 2003, laid under the Merchant Shipping Act 1995;  (771)

    4.  Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (England) Order 2003, laid under the Fisheries Act 1981;  (772)

    5.  Immigration and Asylum Appeals (Fast Track Procedure) Rule 2003, laid under the Nationality, Immigration and Asylum Act 2002.  (801)

Public Business

4.  Regional Assemblies (Preparations) Bill—The House again resolved itself into a Committee upon the bill; an amendment was agreed to (see division list 1); an amendment was disagreed to (see division list 2); a further amendment was moved and the debate on the amendment was adjourned; the House was resumed.

5.  Community Care (Delayed Discharges etc.) Bill—The bill was returned from the Commons with certain of the Lords amendments agreed to; with certain other Lords amendments agreed to with amendments; and with the remaining Lords amendments disagreed to, with reasons for such disagreements; it was ordered that the Commons amendments and reasons be printed. (HL Bill 48)

The House was adjourned during pleasure.

The House was resumed.

Judicial Business

6.  Regina v. Secretary of State for the Home Department (Appellant) ex parte Sivakumar (FC) (Respondent)—It was moved by the Lord Bingham of Cornhill, That the 20th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties; that the Order of the Court of Appeal of 24th July 2001, the Order of Mr Justice Cresswell of 22nd January 2001 and the decision of the Immigration Appeal Tribunal of 23rd June 1999 all be set aside save as to costs; that the cause be remitted to the Immigration Appeal Tribunal for reconsideration in accordance with the Opinions expressed in this House; and that the costs of the respondent be taxed in accordance with the Access to Justice Act 1999. [2003] UKHL 14

7.  Sepet (FC) and another (FC) (Appellants) v. Secretary of State for the Home Department (Respondent)—It was moved by the Lord Bingham of Cornhill, That the 21st 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 11th May 2001 be affirmed and the appeal dismissed; and that there be no order as to costs save that the costs of the appellants be taxed in accordance with the Access to Justice Act 1999. [2003] UKHL 15

8.  Mirvahedy (FC) (Respondent) v. Henley and another (Appellants)—It was moved by the Lord Nicholls of Birkenhead, That the 22nd 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 21st November 2001 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; and that the costs of the respondent be taxed in accordance with the Access to Justice Act 1999. [2003] UKHL 16

9.  Jackson and another (Appellants) v. Royal Bank of Scotland (Respondents) (England)—The appeal of James Jackson and Chui-Mang Davies was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 1st May next.

10.  Hinchy (Respondent) v. Secretary of State for Work and Pensions (Petitioner)—The petition of the Secretary of State for Work and Pensions praying for leave to appeal was presented and referred to an Appeal Committee.

11.  Barnfather (Petitioner) v. London Borough of Islington and another (Respondents)—The petition of Alison Barnfather praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.

12.  Eastwood (Respondent) v. HarperCollins Publishers Limited (Petitioners) (Northern Ireland)—The petition of HarperCollins Publishers Limited praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

The House was adjourned during pleasure.

The House was resumed.

Public Business

13.  Regional Assemblies (Preparations) Bill—The House again resolved itself into a Committee upon the bill; the adjourned debate on an amendment was resumed and, 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 3); the House was resumed after amendment 39A.

14.  Apple and Pear Research Council (Dissolution) Order 2003—It was moved by the Lord Whitty that the draft Order laid before the House on 25th February be approved; after debate, the motion was agreed to.

15.  Horticultural Development Council (Amendment) Order 2003—It was moved by the Lord Whitty that the draft Order laid before the House on 25th February be approved; the motion was agreed to.

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

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

MICHAEL DAVIES

  Cler: Parliamentor:

 
 
 
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Prepared: 21 march 2003