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 17° Junii 2003

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

PRAYERS were read by the Lord Bishop of Blackburn.

Judicial Business

1.  Unilever (UK) Holdings Limited (Appellants) v. Smith (Her Majesty’s Inspector of Taxes) (Respondent)—The petition of the appellants, praying that the appeal be restored and for leave to give security for costs notwithstanding that the time limited by Standing Order V has expired (the agents for the respondent consenting thereto), was presented; and it was ordered as prayed.

2.  Appeal Committee—The 56th Report was made; the Appeal Committee reported that they had met and had heard Counsel; the report was agreed to and the following Orders were made—

    Hilton (Petitioner) v. Barker Booth and Eastwood (a firm) (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 1st July next.

    Raja (administratrix of the estate of Mohammed Sabir Raja (deceased)) (Petitioner) v. Austin Gray (a firm) (Respondents)—That leave to appeal be refused; and that the petitioner do pay to the respondents the costs of the petition, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.

3.  Appeal Committee—The 57th Report from the Appeal Committee was agreed to and the following Orders were made—

    Carr (Petitioner) v. Bower Cotton (a firm) (Respondents)—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.

    Naylor (Respondent) v. Volex Group plc (sued as Volex Wiring Systems Limited) (Petitioners)—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.

    Manchester City Council (Respondents) v. Finn (FC) (Petitioner)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Vowles (Respondent) v. Evans and others (Petitioners)—That the petition be referred for hearing.

    In re F (children)—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. Ashworth Hospital Authority (Petitioners) and another ex parte Brogan (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 1st July next.

Papers

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

    1.  Draft Asylum (Designated States) (No. 2) Order 2003, laid under the Nationality, Immigration and Asylum Act 2002, together with an Explanatory Memorandum;

    1.  2.  Draft Budget (No. 2) (Northern Ireland) Order 2003, laid under the Northern Ireland Act 2000, together with an Explanatory Memorandum.

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

      (i)  Health Professions (Parts of and Entries in the Register) Order of Council 2003—     (1571)

      (ii)  Health Professions Council (Registration and Fees) Rules Order of Council 2003—   (1572)

      (iii)  Health Professions Council (Screeners) Rules Order of Council 2003—  (1573)

      (iv)  Health Professions Council (Investigating Committee) (Procedure) Rules Order of Council 2003—  (1574)

      (v)  Health Professions Council (Conduct and Competence Committee) (Procedure) Rules Order of Council 2003—  (1575)

      (vi)  Health Professions Council (Health Committee) (Procedure) Rules Order of Council 2003—  (1576)

      (vii)  Health Professions Council (Functions of Assessors) Rules Order of Council 2003—   (1577)

      (viii)  Health Professions Order 2001 (Legal Assessors) Order of Council 2003—  (1578)

      (ix)  Health Professions Council (Registration Appeals) Rules Order of Council 2003—         (1579)

      laid under the Health Professions Order 2001.

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

    Report for 2002-03 of the Financial Services Authority, laid under the Financial Services and Markets Act 2000.

Select Committee Report

7.  Statutory Instruments—The 22nd Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

      Draft Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2003;

      Draft Financial Services and Markets Act 2000 (Exemption) (Amendment) (No. 2) Order 2003;

      Draft Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003;

      Draft Release of Short-Term Prisoners on Licence (Repeal of Age Restriction) Order 2003;

      Draft European Communities (Definition of Treaties) (Database Protection Agreement between the United Kingdom on behalf of the Isle of Man and the European Community) Order 2003;

      Draft Representation of the People (Form of Canvass) (England and Wales) Regulations 2003;

      Draft Representation of the People (Form of Canvass) (Scotland) Regulations 2003;

      Draft Contracting Out (Functions in relation to the Management of Crown Lands) Order 2003;

      Draft Community Care Plans (Disapplication) (England) Order 2003;

      Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 1) Order 2003;

      Financial Services and Markets Act 2000 (Regulated Activities)(Amendment) (No. 2) Order 2003;

    it was ordered that the Report be printed. (HL Paper 124)

Public Business

8.  Business of the House—It was moved by the Lord President (Lord Williams of Mostyn) that leave be given to advance the Second Reading of the Taxation (Information) Bill and the motion standing in the name of the Lord McIntosh of Haringey from 4th July to 3rd July next; the motion was agreed to.

9.  Licensing Bill [HL]—The bill was returned from the Commons agreed to with amendments and with a privilege amendment; it was ordered that the Commons amendments be printed. (HL Bill 79).

10.  Road Traffic (Amendment) Bill [HL]—The bill was read a third time and passed and sent to the Commons.

11.  Sexual Offences Bill [HL]—The bill was read a third time; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; amendments were disagreed to (see division lists 1 and 2); the bill was passed and sent to the Commons.

12.  Employment Equality (Sexual Orientation) Regulations 2003—It was moved by the Lord Lester of Herne Hill that this House invites Her Majesty’s Government to withdraw the draft Employment Equality (Sexual Orientation) Regulations 2003 and to lay new regulations amending regulation 7(3) so as to conform with the EC Framework Directive 2000/78/EC; after debate, the motion was disagreed to (see division list 3).

13.  Employment Equality (Sexual Orientation) Regulations 2003—It was moved by the Lord Sainsbury of Turville that the draft Regulations laid before the House on 8th May be approved; the motion was agreed to.

14.  Employment Equality (Religion or Belief) Regulations 2003—It was moved by the Lord Sainsbury of Turville that the draft Regulations laid before the House on 8th May be approved; after debate, the motion was agreed to.

The House was adjourned at five minutes before eleven o’clock

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

  Cler: Parliamentor:

APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN COMMITTEE ROOMS 3A AND 4B)

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

    Local Government Bill—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 clause 100.

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

 
 
 
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Prepared: 18 june 2003