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 19° Junii 2003

The House met at eleven o’clock.

PRAYERS were read by the Lord Bishop of Blackburn.

1.  Leave of Absence—Leave of absence was granted to the Lord Chancellor for tomorrow.

Papers

2.  Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:

    1.  Intelligence Services—Government Response to the House of Commons Intelligence and Security Committee’s Report for 2002-03;  (5838)

    2.  Civil Contingencies—Draft Civil Contingencies Bill, Explanatory Notes, Regulatory Impact Assessment (Local Responders), Regulatory Impact Assessment (Emergency Powers) and Consultation Document.  (5843)

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

    1.  Draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003, laid under the Scotland Act 1998, together with an Explanatory Memorandum;

    2.  Draft Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003, laid under the European Communities Act 1972, together with an Explanatory Memorandum;

    3.  Draft Land Registry Trading Fund (Extension) Order 2003, laid under the Government Trading Funds Act 1973, together with an Explanatory Memorandum;

    4.  Draft Official Secrets Act 1989 (Prescription) (Amendment) Order 2003, laid under the Official Secrets Act 1989, together with an Explanatory Memorandum;

    5.  Draft National Minimum Wage Regulations 1999 (Amendment) Regulations 2003, laid under the National Minimum Wage Act 1998, together with an Explanatory Memorandum.

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

    1.  New Schools (General) (England) Regulations 2003, laid under the School Standards and Framework Act 1998;  (1558)

    2.  Access to the Countryside (Correction of Provisional and Conclusive Maps) (England) Regulations 2003, laid under the Countryside and Rights of Way Act 2000.  (1591)

Public Business

5.  Licensing Bill [HL]—The Prince of Wales’ consent was signified; then the Commons amendments were considered; certain Commons amendments were agreed to; a motion to disagree to a Commons amendment was disagreed to (see division list 1) and the Commons amendment was agreed to; a motion to disagree to a Commons amendment was (by leave of the House) withdrawn; motions to disagree to Commons amendments were agreed to, and a Committee was appointed to propose reasons for such disagreement.

    The Lords following were named of the Committee:

    Buscombe, B.

    Davies of Oldham, L.

    Redesdale, L.

    The Committee reported that they had proposed the following reason in respect of the disagreement to Commons amendments 6, 15, 16, 20 and 21:

    “Because the bill should make provision about the registration of prior and paramount interests in registered premises”.

    The Report was agreed to; a Commons amendment was agreed to and an amendment in lieu of the words so left out of the bill was agreed to; a Commons amendment was disagreed to and an amendment in lieu was agreed to (see division list 2); further consideration of Commons amendments was adjourned.

The House was adjourned during pleasure.

The House was resumed.

Judicial Business

6.  Relaxion Group plc (Respondents) v. Rhys-Harper (FC) (Appellant)—

7.  D’Souza (Appellant) v. London Borough of Lambeth (Respondents)—

8.  Jones (Appellant) v. 3M Healthcare Limited (Respondents) and three other actions—

    It was moved by the Lord Hope of Craighead, on behalf of the Lord Nicholls of Birkenhead, That the 39th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that, in the appeal of Rhys-Harper, the Order of the Court of Appeal of 3rd May 2001, Order of the Employment Appeal Tribunal of 24th March 2000 and the Decision of the Employment Tribunal of 28th April 1999 be set aside save as to funded client taxation; that the cause be remitted to a freshly constituted Employment Tribunal to be reconsidered in accordance with the Opinions expressed in this House; and that the respondents do pay to the appellant her 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; and that the costs of the appellant be taxed in accordance with the Access to Justice Act 1999; that, in the appeal of D’Souza, the Order of the Court of Appeal of 25th May 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; that in the appeal of Jones, Kirker, Angel and Bond, the Order of the Court of Appeal of 27th February 2002, the Orders of the Employment Appeal Tribunal of 11th December 2001 and the Decisions of the Employment Tribunal of 3rd May 2000, 26th July 2000, 21st August 2000 and 25th October 2000 respectively be set aside and the claims remitted to freshly constituted Employment Tribunals to be reconsidered in accordance with the Opinions expressed in this House; 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 33

9.  MacDonald (AP) (Appellant) v. Advocate General for Scotland (Respondent) (Scotland)—

10.  Pearce (Appellant) v. Governing Body of Mayfield School (Respondents)—

    It was moved by the Lord Hope of Craighead, on behalf of the Lord Nicholls of Birkenhead, That the 40th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that, in the case of MacDonald, the interlocutor of the Court of Session in Scotland of 1st June 2001 be affirmed and the appeal dismissed; and that there be no order for expenses in the Court of Session or costs before this House, save that the costs of the appellant be taxed in accordance with the Legal Aid (Scotland) Act 1986; and that, in the case of Pearce, the Order of the Court of Appeal of 31st 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 34

11.  Lawal (Appellant) v. Northern Spirit Limited—The 41st Report from the Appellate Committee was made and ordered to be printed (HL Paper 123). It was moved by the Lord Steyn, That the Report be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 30th October 2002 be set aside; that it be declared that “The appellant was entitled to succeed on the Recorder objection.”; that the cause be remitted to the Court of Appeal to rule on the substantive issue in the light of the report from the Appellate Committee and the opinions expressed in this House in D’Souza (Appellant) v. London Borough of Lambeth (Respondents); and that there be no order as to costs in the Court of Appeal and before this House. [2003] UKHL 35

The House was adjourned during pleasure.

The House was resumed.

Public Business

12.  Licensing Bill [HL]—The Commons amendments were further considered; a motion to disagree to a Commons amendment was (by leave of the House) withdrawn; the remaining Commons amendments were agreed to; and the privilege amendment was agreed to; then the bill was returned to the Commons with amendments and reasons.

13.  Railways and Transport Safety Bill—The report was received; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; an amendment was disagreed to (see division list 3); it was ordered that the bill be printed as amended. (HL Bill 80)

14.  Fire Services Bill—It was moved by the Lord Rooker that the bill be now read a second time; then it was moved by the Lord McCarthy, as an amendment thereto, to leave out “now” and at end insert “this day six months”; after debate, the amendment was disagreed to (see division list 4); then the original motion was agreed to and the bill was committed to a Grand Committee.

15.  Children—The Lord Carlile of Berriew asked Her Majesty’s Government what alternatives to custody they are considering for children who commit offences; after debate, the question was answered by the Baroness Scotland of Asthal.

The House was adjourned at twenty-seven minutes before ten o’clock

till tomorrow, eleven 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.

    Extradition Bill—The bill was further considered in the Grand Committee; an amendment was agreed to; amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after clause 16 stood part.

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

 
 
 
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Prepared: 20 june 2003