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 8° Aprilis 2003

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

PRAYERS were read by the Lord Bishop of Portsmouth.

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

Health (Wales) Actc.4
Community Care (Delayed Discharges etc.) Actc.5
Police (Northern Ireland) Actc. 6

2.  Barony of Wharton in the peerage of England—The Lord Chancellor reported that Myles Christopher David Robertson had established his succession to the Barony of Wharton in the peerage of England. The Clerk of the Parliaments was accordingly directed to enter the Lord Wharton on the register of hereditary peers maintained under Standing Order 10(5).

Judicial Business

3.  Kirin-Amgen Inc and others (Respondents) v. Hoechst Marion Roussel Limited and others (Appellants)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 21st May next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

4.  A (Respondent) v. Chief Constable of West Yorkshire Police (Appellant) and another—It was ordered that the appellant be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.

5.  Appeal Committee—The 41st Report from the Appeal Committee was agreed to and the following Order was made—

    Asif (Petitioner) v. The City (Europe) plc and others and others (Respondents)—That the petition be referred for hearing.

6.  Appeal Committee—The 42nd Report from the Appeal Committee was agreed to and the following Orders were made—

    Watford Borough Council (Respondents) v. N’Wandou (Petitioner)—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.

    Medina Housing Association Limited (Petitioners) v. Case (FC) (Respondent)—That leave to appeal be refused; and 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, and that the costs of the respondent be taxed in accordance with the Access to Justice Act 1999.

    Raja (administratrix of the estate of Mohammed Sabir Raja (deceased)) (Petitioner) v. Austin Gray (a firm) (Respondents)—That the petition be referred for hearing.

    Reuben and others (Respondents) v. Time Inc and another (Petitioners) and one other action—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.

    Sunport Shipping Limited and others (Petitioners) v. Tryg-Baltica International (UK) Limited (formerly known as Colonia Baltica Insurance Limited) and others (Respondents)—That the respondents be invited to lodge objections by 25th April.

    Bakewell Management Limited (Respondents) v. Brandwood and others (Petitioners)—That the respondents be invited to lodge objections by 25th April.

    McCabe (Respondent) v. Cornwall County Council and others (Petitioners)—That leave to appeal be given; and that the petition of appeal be lodged by 25th April.

Papers

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

    Standards in Public Life—Ninth Report of the Committee on Standards in Public Life: Defining the Boundaries within the Executive: Ministers, Special Advisers and the permanent Civil Service.    (5775)

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

    1.  General Teaching Council for England (Deduction of Fees) (Amendment) Regulations 2003, laid under the Teaching and Higher Education Act 1998;    (985)

    2.  Public Airport Companies (Capital Finance) (Amendment) Order 2003, laid under the Local Government and Housing Act 1989;    (1035)

    3.  Bus Service Operators Grant (Amendment) (England) Regulations 2003, laid under the Transport Act 2000;    (1036)

    4.  Fee for Initial Assessment of Active Substances for Pesticides Regulations 2003, laid under the European Communities Act 1972;    (1052)

    5.  Surface Waters (Fishlife) (Classification) (Amendment) Regulations 2003, laid under the Water Resources Act 1991.    (1053)

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

    1.  Statement of Guarantee given in respect of temporary borrowing by the Civil Aviation Authority, laid under the Civil Aviation Act 1982;

    2.  Report of the Making of a Call-Out Order, laid under the Reserve Forces Act 1996;

    3.  Amendment 19 to the Royal Air Force Manual of Assessment of Medical Fitness, laid under the Air Force (Constitution) Act 1917;

    4.  Report and Accounts for 2001-02 of the Learning and Skills Council for England, together with the Report of the Comptroller and Auditor General, laid under the Learning and Skills Act 2000;

    5.  Accounts for 2001-02 of the Board of Trustees of the Armouries, together with the Report of the Comptroller and Auditor General, laid under the National Heritage Act 1983;

    6.  Accounts for 2001-02 of the Wallace Collection, together with the Report of the Comptroller and Auditor General, laid under the Museums and Galleries Act 1992;

    7.  Accounts for 2001-02 of the Audit Commission for Local Authorities and the National Health Service in England and Wales, together with the Report of the Comptroller and Auditor General, laid under the Audit Commission Act 1998;

    8.  Accounts for 2001-02 of the National Care Standards Commission, together with the Report of the Comptroller and Auditor General, laid under the Care Standards Act 2000.

Select Committee Reports

10.  Statutory Instruments—The 17th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

      Draft Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003;

      Draft Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003;

      Draft Government Resources and Accounts Act 2000 (Rights of Access of Comptroller and Auditor General) Order 2003;

    it was ordered that the Report be printed. (HL Paper 91)

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

    “Open Skies” or Open Markets? The Effect of the European Court of Justice (ECJ) Judgments on Aviation Relations Between the European Union (EU) and the United States of America (USA), together with the Minutes of Evidence; (17th Report-HL Paper 92)

    The Future of Europe: Constitutional Treaty—Draft Articles 43-46 (Union Membership) and General and Final Provisions; (18th Report-HL Paper 93)

    Evidence by the Minister for Europe, Foreign and Commonwealth Office on European Security and Defence Policy Scrutiny, the General Affairs and External Council of 18-19 March 2003 and the Current State of Common Foreign and Security Policy, together with the Minutes of Evidence. (19th Report-HL Paper 94)

Private Business

12.  Nottingham City Council Bill [HL]—The bill was reported from the Unopposed Bill Committee with amendments.

13.  London Local Authorities Bill [HL]—The bill was read a third time and passed and sent to the Commons.

Public Business

14.  Industrial Development (Financial Assistance) Bill—A bill to amend section 8(5) of the Industrial Development Act 1982 was brought from the Commons endorsed with the certificate of the Speaker that the bill is a money bill, read a first time and ordered to be printed. (HL Bill 58)

15.  Industrial Development (Financial Assistance) Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 58-EN)

16.  Regional Assemblies (Preparations) Bill—The bill was further considered on report; an amendment was disagreed to (see division list); 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 59)

17.  Specialised health services—The Lord Clement-Jones asked Her Majesty’s Government what arrangements are being put in place for commissioning specialised health services from April 2003; after debate, the question was answered by the Baroness Andrews.

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

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

  Cler: Parliamentor:

APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

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

    Water Bill [HL]—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after amendment 166C.

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

 
 
 
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Prepared: 9 april 2003