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 10° Aprilis 2003

The House met at ten o’clock.

PRAYERS were read by the Lord Bishop of Portsmouth.

Judicial Business

1.  Regina v. Central Valuation Officer and another (Respondent) ex parte Edison First Power Limited (Appellants)—It was moved by the Lord Bingham of Cornhill, That the 26th 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 12th July 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 20

2.  Bellinger (FC) (Appellant) v. Bellinger—It was moved by the Lord Nicholls of Birkenhead, That the 28th 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 17th July 2001 be affirmed and the appeal dismissed; that it be declared that

    “Section 11(c) of the Matrimonial Causes Act 1973 is incompatible with the appellant’s right to respect for her private life under article 8 and with her right to marry under article 12 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”;

    that the Lord Chancellor (joined as a party to the appeal under section 5 of the Human Rights Act 1998) do pay to the appellant one half of her costs before this House, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the appellant be taxed in accordance with the Access to Justice Act 1999. [2003] UKHL 21

3.  Sage (Respondent) v. Secretary of State for the Environment, Transport and the Regions and others (Appellants)—It was moved by the Lord Nicholls of Birkenhead, That the 29th 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 28th June 2001 and the Order of Mr Duncan Ouseley QC (sitting as a Deputy High Court Judge of The Queen’s Bench Division) of 11th October 2000 be set aside and the decision of the Planning Inspector of 16th December 1999 be restored; and that there be no order as to costs in the High Court, in the Court of Appeal and before this House. [2003] UKHL 22

4.  Regina v. British Broadcasting Corporation (Appellants) ex parte ProLife Alliance (Respondents)—It was moved by the Lord Nicholls of Birkenhead, That the 27th 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 14th March 2002 be set aside and that the Order of Mr Justice Scott Baker of 24th May 2001 be restored save as to costs; and that there be no order as to costs in the Court of Appeal and before this House. [2003] UKHL 23

5.  Regina v. Immigration Appeal Tribunal (Respondents) ex parte Anufrijevas (FC) (Petitioner) and another—The petition of Vladimiras Anufrijevas praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 21st February).

The House was adjourned during pleasure.

The House was resumed.

Papers

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

    Draft Release of Short-Term Prisoners on Licence (Amendment of Requisite Period) Order 2003, laid under the Criminal Justice Act 1991, together with an Explanatory Memorandum.

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

    1.  Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003, laid under the Health and Safety at Work etc. Act 1974;  (1082)

    2.  Premium Savings Bonds (Amendment) Regulations 2003, laid under the National Debt Act 1972;  (1085)

    3.  Draft Charities (The Shrubbery) Order 2003, laid under the Charities Act 1993.  (—)

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

    1.  Third Report of the Parliamentary Commissioner for Administration: Individual Learning Accounts, laid under the Parliamentary Commissioner Act 1967;

    2.  Report and Accounts for 2001-02 of the Apple and Pear Research Council, laid under the Industrial Organisation and Development Act 1947.

9.  Special Procedure Order—The following special procedure order was laid before the House, together with the certificate of the Lord Chancellor, and ordered to lie on the Table:

    Marriages Validity (Harrogate District Hospital) Order 2003, laid under the Statutory Orders (Special Procedure) Act 1945.

Select Committee Report

10.  Religious Offences—The Report from the Select Committee, Religious Offences in England and Wales, was made and ordered to be printed, together with the Minutes of Evidence. (HL Paper 95)

Public Business

11.  Communications Bill—It was moved by the Baroness Blackstone that it be an instruction to the Committee of the Whole House to which the Communications Bill has been committed that they consider the bill in the following order:

Clauses 1 and 2
Schedule 1
Clauses 3 to 27
Schedule 2
Clauses 28 to 60
Clauses 62 to 71
Clauses 74 to 103
Schedule 3
Clauses 104 to 115
Schedule 4
Clauses 116 to 156
Schedule 5
Clauses 157 to 177
Schedule 6
Clauses 178 and 179
Schedule 7
Clauses 180 to 189
Schedule 8
Clauses 190 to 196
Schedule 9

Clauses 197 to 216
Schedule 10
Clauses 217 to 267
Clause 61
Clauses 72 and 73
Clauses 268 to 289
Schedule 11
Clauses 290 to 331
Schedule 12
Clauses 332 to 338
Schedule 13
Clauses 339 to 342
Schedule 14
Clauses 343 to 353
Schedule 15
Clauses 354 to 382
Schedule 16
Clauses 383 to 399
Schedules 17 to 19
Clauses 400 to 403;

    the motion was agreed to.

12.  Electricity (Miscellaneous Provisions) Bill—The bill was read a third time; an amendment was moved and (by leave of the House) withdrawn; then, after debate, the bill was passed and returned to the Commons with amendments.

13.  Sexual Offences Bill [HL]—The House again resolved itself into a Committee upon the bill; the question that a clause stand part of the bill was negatived; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed for a statement; the House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; an amendment was agreed to (see division list); the question that a clause stand part of the bill was negatived; amendments were agreed to; the House was resumed after clause 40 stood part.

14.  Northern Ireland Act 2000 (Modification) Order 2003—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that the draft Order laid before the House on 27th March be approved; after debate, the motion was agreed to.

The House was adjourned at ten minutes past five o’clock

to Monday 28th April, half-past two o’clock.

MICHAEL DAVIES

  Cler: Parliamentor:

APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

The Committee met at twelve noon.

    Water Bill [HL]—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the Committee was adjourned after amendment 171C.

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

 
 
 
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Prepared: 11 april 2003