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 3° Julii 2003

The House met at eleven o’clock.

PRAYERS were read by the Lord Bishop of Portsmouth.

1.  Leave of Absence—Leave of absence was granted to the Lord Chancellor for Tuesday 8th July.

Judicial Business

2.  J I MacWilliam Company Inc (Respondents) v. Mediterranean Shipping Company SA (Appellants) (England)—The appeal of Mediterranean Shipping Company SA was presented and it was ordered, notwithstanding Standing Order VI, that the statement and appendix thereto be lodged on or before 2nd October next.

3.  Masterman-Lister (FC) (Petitioner) v. Brutton & Co (Respondents)—The petition of Martin Joseph Masterman-Lister praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.

4.  Regina v. Secretary of State for the Home Department (Respondent) ex parte Bloggs 61 (Petitioner)—The petition of Bloggs 61 praying for leave to appeal was presented and referred to an Appeal Committee.

5.  Regina v. Special Adjudicator (Respondent) ex parte Ullah (FC) (Appellant)—The appeal was set down for hearing and referred to an Appellate Committee.

6.  Regina v. Chief Constable of South Yorkshire Police (Respondent) ex parte Marper (FC) (Appellant)—

7.  Regina v. Chief Constable of South Yorkshire Police (Respondent) ex parte LS (by his mother and litigation friend JB) (FC) (Appellant)—

    (Consolidated Appeals)—

    The Secretary of State for the Home Department was joined to the appeals on behalf of the Crown in accordance with section 5 of the Human Rights Act 1998.

8.  Regina v. Her Majesty’s Coroner for the County of West Yorkshire (Appellant) ex parte Sacker (FC) (Respondent)—The respondent’s certificate of public funding was lodged.

9.  Appeal Committee—The following Orders were made pursuant to the 50th Report:

    Regina v. Special Adjudicator (Respondent) ex parte Hoxha (FC) (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 17th July.

    In re B (FC) (Petitioner) (2002)—That leave to appeal be given; and that the petition of appeal be lodged by 17th July.

    Commissioners of Inland Revenue (Petitioners) v. John Lewis Properties plc (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.

    El-Ali (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—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 respondent be at liberty to apply for his 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.

10.  Appeal Committee—The 60th Report from the Appeal Committee was agreed to and the following Order was made—

    Daraz (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—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 respondent be at liberty to apply for his 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.

Papers

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

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

    2.  Draft Vienna Document 1999 (Privileges and Immunities) Order 2003, laid under the Arms Control and Disarmament (Privileges and Immunities) Act 1988 together with an Explanatory Memorandum.

12.  Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:

    Cocoa and Chocolate Products (England) Regulations 2003, laid under the Food Safety Act 1990.    (1659)

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

    1.  Report and Accounts for 2002-03 of the Occupational Pensions Regulatory Authority, laid under the Pensions Act 1995, together with the report of the Comptroller and Auditor General;

    2.  Report and Accounts for 2002-03 of the Office of the Immigration Services Commissioner, laid under the Immigration and Asylum Act 1999, together with the report of the Comptroller and Auditor General;

    3.  Accounts for 2001-02 of the National Biological Standards Board, laid under the Biological Standards Act 1975, together with the report of the Comptroller and Auditor General;

    4.  (i)  Accounts for 2002-03 of the Research Councils’ Pension Scheme, together with the report of the Comptroller and Auditor General—

      (ii)  Accounts for 2002-03 of the Council for the Central Laboratory of the Research Councils, together with the report of the Comptroller and Auditor General—

      laid under the Science and Technology Act 1965;

    5.  Accounts for 2001-02 of the House of Commons Members’ Fund, laid under the House of Commons Members Fund Act 1939, together with the report of the Comptroller and Auditor General.

Select Committee Reports

14.  Committee of Selection—The 2nd Report from the Committee was made; it was ordered that the Report be printed. (HL Paper 139)

15.  Science and Technology—The 5th Report from the Select Committee, Science and the Regional Development Agencies: SETting the Regional Agenda, was made; it was ordered that the Report be printed, together with the Minutes of Evidence. (HL Paper 140)

Public Business

16.  Local Government Bill—It was moved by the Lord Rooker that the amendments for the Report stage be marshalled and considered in the following order:

Clauses 94 to 101
Schedule 3
Clauses 102 to 106
Schedule 4
Clause 107
Schedule 5
Clauses 108 to 121
Clauses 1 to 19

Schedule 1
Clauses 20 to 42
Schedule 2
Clauses 43 to 93
Clauses 122 to 126
Schedules 6 and 7
Clauses 127 and 128;

    the motion was agreed to.

17.  Speakership of the House—It was moved by the Lord President (Lord Williams of Mostyn) that it is expedient that a Select Committee of 11 Lords be appointed to consider the future arrangements for the Speakership of the House in the light of the Government’s announcement that it is intended to reform the office of Lord Chancellor, and to make recommendations; and that the Committee shall report by the end of the session; then it was moved by the Lord Elton, as an amendment thereto, after “Chancellor” to insert “and any undertakings given by the Government as to the future allocation of places in the Cabinet to members of the House of Lords”; after debate, the amendment was (by leave of the House) withdrawn; then the original motion was agreed to.

18.  Consolidated Fund (Appropriation) (No. 2) Bill—The bill was read a third time and passed.

19.  Co-operatives and Community Benefit Societies Bill—The bill was read a third time and passed and returned to the Commons with amendments.

20.  Railways and Transport Safety Bill—The Queen’s and Prince of Wales’ consent were signified; then the bill was read a third time; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; further proceedings after third reading were adjourned.

The House was adjourned during pleasure.

The House was resumed.

21.  Railways and Transport Safety Bill—The bill was further considered after third reading amendments were agreed to; an amendment was agreed to (see division list 1); an amendment was moved and (by leave of the House) withdrawn; then the bill was passed and returned to the Commons with amendments.

22.  Licensing Bill [HL]—The Commons amendments were considered; Commons amendments in lieu of a Commons amendment to which the Lords had disagreed were agreed to; a Commons amendment to which the Lords had disagreed was not insisted on; a further Lords amendment was not insisted on (see division list 2) and the Commons amendment in lieu thereof was agreed to with amendments; then the bill was returned to the Commons with amendments

23.  European Union (Accessions) Bill—It was moved by the Baroness Symons of Vernham Dean that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Committee of the Whole House.

24.  Finance Bill—It was moved by the Lord McIntosh of Haringey that the bill be now read a second time; after debate, the motion was agreed to and the Committee was negatived; then, Standing Order 47 having been dispensed with, the bill was read a third time and passed.

25.  Finance Bill 2003—It was moved by the Lord Peston that this House takes note of the Report of the Select Committee on Economic Affairs on the Finance Bill 2003 (3rd Report, HL Paper 121); the motion was agreed to.

26.  Financial Statement and Budget Report—It was moved by the Lord McIntosh of Haringey that this House takes note with approval of the Government’s assessment as set out in the Budget 2003 for the purposes of section 5 of the European Communities (Amendment) Act 1993; the motion was agreed to.

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

till tomorrow, eleven o’clock.

MICHAEL DAVIES

  Cler: Parliamentor:

CORRECTION

In Division No. 1 on Wednesday 2nd July, B. Whitaker should not have been recorded as voting Content.

APPENDIX

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

The Committee met at a quarter before four o’clock.

    Fire Services Bill—The bill was considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; debate on amendment 11 was adjourned.

The Committee was adjourned at eight o’clock.

 
 
 
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Prepared: 4 july 2003