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 12° Junii 2003

The House met at eleven o’clock.

PRAYERS were read by the Lord Bishop of Sheffield.

Papers

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

    1.  Draft Community Care Plans (Disapplication) (England) Order 2003, laid under the Local Government Act 2000, together with an Explanatory Memorandum;

    2.  Draft Immigration (Provision of Physical Data) Regulations 2003, laid under the Nationality, Immigration and Asylum Act 2002, together with an Explanatory Memorandum;

    3.  Draft Electricity and Gas (Modification of Standard Conditions of Licences) Order 2003, laid under the Gas Act 1986, together with an Explanatory Memorandum;

    4.  Draft Insolvency Act 1986 (Amendment) (Administrative Receivership and Urban Regeneration etc.) Order 2003, laid under the Insolvency Act 1986, together with an Explanatory Memorandum.

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

    1.  Tobacco Products (Amendment) Regulations 2003, laid under the Tobacco Products Duty Act 1979;    (1523)

    2.  Football Spectators (Seating) (No. 2) Order 2003, laid under the Football Spectators Act 1989;    (1541)

    3.  Postal Services Act 2000 (Consequential Modifications to Local Enactments) Order 2003, laid under the Postal Services Act 2000.    (1542)

Public Business

3.  Water Bill [HL]—The report was received; amendments were agreed to (see division lists 1 to 3); amendments were moved and (by leave of the House) withdrawn.

The House was adjourned during pleasure.

The House was resumed.

Judicial Business

4.  Société Eram Shipping Company Limited (Respondents) and others v. Hong Kong and Shanghai Banking Corporation Limited (Appellants)—It was moved by the Lord Bingham of Cornhill, That the 36th 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 7th August 2001 be set aside and that paragraphs 1 and 2 of the Order of Mr Justice Tomlinson of 2nd February 2001 be restored; and that the respondents do pay to the appellants their costs in the Court of Appeal 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 30

5.  Kuwait Oil Tanker Company SAK and others (Respondents) v. UBS AG (Appellants)—It was moved by the Lord Bingham of Cornhill, That the 37th 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 25th January 2002 be set aside and that the Order of Mr Justice Langley of 23rd March 2001 be restored; and that the respondents do pay to the appellants their costs in the Court of Appeal 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 31

1.  6.  John Lyon’s Charity (Respondents) v. Shalson (Appellant)—It was moved by the Lord Bingham of Cornhill, That the 38th 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 15th April 2002 be set aside; that the decision of the Lands Tribunal of 19th April 2001 and the decision of the Leasehold Valuation Tribunal of 2nd November 1999 be set aside so far as those decisions relate to the price of enfranchisement; that the amount payable by the tenant for the freehold interest in the house be the agreed figure of £275,298; and that the respondents do pay to the appellant his costs in the Lands Tribunal, in the Court of Appeal 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 32

7.  Do (FC) (Appellant) v. Secretary of State for the Home Department (Respondent) (England)—The appeal of Thi Lien Do was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 24th July next. The appellant’s certificate of public funding was lodged.

8.  Regina v. London Borough of Bromley (Respondents) ex parte Barker (FC) (Appellant)—The petition of the First Secretary of State praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.

The House was adjourned during pleasure.

The House was resumed.

Public Business

9.  Mental Incapacity—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that it is expedient that a Joint Committee of Lords and Commons be appointed to consider and report on any draft Mental Incapacity Bill presented to both Houses by a Minister of the Crown, and that the Committee should report on the draft Bill by the end of October 2003; the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.

10.  Civil Contingencies—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that it is expedient that a Joint Committee of Lords and Commons be appointed to consider and report on any draft Civil Contingencies Bill presented to both Houses by a Minister of the Crown, and that the Committee should report on the draft Bill by the end of October 2003; the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.

11.  Water Bill [HL]—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; an amendment was agreed to; an amendment was disagreed to (see division list 4); an amendment was moved by the Baroness Miller of Chilthorne Domer and a debate arising thereon, it was moved by the Earl of Onslow that the House do now adjourn; after debate, the motion was disagreed to (see division list 5); then, the debate on the amendment was resumed; the amendment was (by leave of the House) withdrawn; further consideration on report was adjourned after amendment 35.

12.  Developing countries: poverty—The Baroness Whitaker asked Her Majesty’s Government how they can help the developing countries in poverty which lack strong funding relationships with donor countries or international institutions; after debate, the question was answered by the Baroness Amos.

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

till tomorrow, eleven o’clock.

MICHAEL DAVIES

  Cler: Parliamentor:

 
 
 
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Prepared: 13 june 2003