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 3° Aprilis 2003

The House met at eleven o’clock.

PRAYERS were read by the Lord Bishop of Guildford.

Papers

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

    Finance—Draft Public Audit (Wales) Bill, Explanatory Notes and Regulatory Impact Assessment.    (5796)

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

  (i)  Draft Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003, together with an Explanatory Memorandum—

  (ii)  Draft Government Resources and Accounts Act 2000 (Rights of Access of Comptroller and Auditor General) Order 2003, together with an Explanatory Memorandum—

      laid under the Government Resources and Accounts Act 2000.

3.  Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

    Census 2001: Key Statistics for Assembly Constituencies and Assembly Electoral Regions for the National Assembly for Wales, laid under the Census Act 1920.

Select Committee Report

4.  Statutory Instruments—The minutes of proceedings of the Joint Committee for Session 2001-02 were ordered to be printed. (HL Paper 88)

Public Business

5.  Electricity (Miscellaneous Provisions) Bill—The report was received; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; it was ordered that the bill be printed as amended. (HL Bill 55).

6.  Police (Northern Ireland) Bill [HL]—The Commons amendments were considered; a Commons amendment was agreed to; a motion to disagree to a Commons amendment was disagreed to (see division list 1); an amendment to the same Commons amendment was disagreed to (see division list 2); then the Commons amendment was agreed to; further consideration of Commons amendments was adjourned.

The House was adjourned during pleasure.

The House was resumed.

Judicial Business

7.  Actionstrength Limited (t/a Vital Resources (formerly t/a Morson Alltrades)) (company number 2761631) (Appellants) v. International Glass Engineering In.Gl.En. SpA and others (Respondents)—It was moved by the Lord Bingham of Cornhill, That the 23rd 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 10th October 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. [2003] UKHL 17

8.  In re O and N (minors) (FC)—

9.  In re B (minors) (2002) (FC)—It was moved by the Lord Nicholls of Birkenhead, That the 24th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that, in In re O and N (the children L and C), paragraphs 1 and 4 of the Order of the Court of Appeal of 26th July last be set aside and the Order of Her Honour Judge Downey of 10th April last be restored; and that there be no order as to costs save that the costs of the funded clients be taxed in accordance with the Access to Justice Act 1999; that, in In re B (the child Y), the Order of the Court of Appeal of 29th May last be affirmed and the appeal dismissed; and that there be no order as to costs save that the costs of the funded clients be taxed in accordance with the Access to Justice Act 1999. [2003] UKHL 18

10.  In re Guisto (FC) (Appellant) (application for a writ of Habeas Corpus) (Criminal Appeal from Her Majesty’s High Court of Justice)—It was moved by the Lord Nicholls of Birkenhead, That the 25th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of Her Majesty’s High Court of Justice of 1st July last be set aside save for funded client taxation; that the Magistrates at Bow Street discharge the appellant from the committal of 14th March 2002; and that the respondents do pay to the appellant his costs in the High Court and before this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties. [2003] UKHL 19

11.  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—Further to the Judgment of the House of 13th March last (18th Report from the Appellate Committee, [2003] UKHL 12), it was ordered that the original respondents do pay to the original appellants 90 per cent. of their costs in the High Court, in the Court of Appeal and before this House on the appeal and cross-appeal, the amount of such costs before this House to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the interlocutory orders made in the courts shall stand.

12.  Appeal Committee—The 38th Report from the Appeal Committee, on Petitions for leave to appeal: reasons for the refusal of leave, was made and ordered to be printed (HL Paper 89). The Report was agreed to and it was ordered that the amendments to the practice directions be promulgated by the Clerk of the Parliaments.

13.  Appeal Committee—The 39th Report from the Appeal Committee was agreed to and the following Orders were made—

    Olatawura (Petitioner) v. Abiloye (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.

    Smith (Petitioner) v. Henniker-Major & Co (a firm) (Respondents)—That the respondents be invited to lodge objections by 17th April next.

    Dugmore (Respondent) v. Swansea NHS Trust (Petitioners) and others—That leave to appeal be refused; that the respondent be at liberty to apply for her 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. Davies (Petitioner)—That the respondents be invited to lodge objections by 17th April next.

    Regina v. Durham Constabulary and another (Petitioner) ex parte R (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 17th April next.

    In re McKerr (Respondent) (Northern Ireland)—That leave to appeal be given; and that the petition of appeal be lodged by 17th April next.

14.  Regina v. Millennium Commission (Respondents) ex parte Asha Foundation (Petitioners)—That leave to appeal be refused; that the 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.

The House was adjourned during pleasure.

The House was resumed.

Public Business

15.  Police (Northern Ireland) Bill [HL]—The Commons amendments were further considered; amendments to certain Commons amendments were disagreed to (see division lists 3 and 4); then the Commons amendments were agreed to; certain other Commons amendments were agreed to with amendments; the remaining Commons amendments were agreed to; and the privilege amendment was agreed to; then the bill was returned to the Commons with amendments.

16.  Criminal Justice (Northern Ireland) Order 2003—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that the draft Order laid before the House on 24th March be approved; after debate, the motion was agreed to.

17.  Local Government Bill—It was moved by the Lord Rooker that the bill be now read a second time; after debate, the motion was agreed to.

18.  Congo—The Lord Bishop of Winchester asked Her Majesty’s Government what is their response both to the final report of the United Nations Panel of Experts on the Illegal Exploitation of Natural Resources in the Democratic Republic of Congo and to recent events there; after debate, the question was answered by the Baroness Crawley.

The House was adjourned at ten 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 a quarter before four o’clock.

    Water Bill [HL]—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; an amendment was agreed to; the Committee was adjourned after amendment 91.

The Committee was adjourned at twenty-nine minutes before eight o’clock.

 
 
 
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Prepared: 4 april 2003