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 Lunae 14° Julii 2003

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

PRAYERS were read by the Lord Bishop of Chester.

Judicial Business

1.  Unilever (UK) Holdings Limited (Appellants) v. Smith (Her Majesty’s Inspector of Taxes) (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee.

2.  Glasgow City Council (Respondents) v. Caststop Limited (Appellants) (Scotland)—The petition of the appellants, praying that the appeal be restored and for an extension of time to lodge the Statement and the Appendix until 24th July, notwithstanding that the time limited by Standing Order VI (1) has expired (the agents for the respondents consenting thereto), was presented; and it was ordered as prayed.

3.  J I MacWilliam Company Inc (Respondents) v. Mediterranean Shipping Company SA (Appellants)—It was ordered that the appeal of Mediterranean Shipping Company SA be dismissed in accordance with Standing Order V, the appellants having failed to give security for costs by 10th July.

4.  Appeal Committee—The 65th Report from the Appeal Committee was agreed to and the following Order was made—

    Her Majesty’s Commissioners for Customs and Excise (Respondents) v. Blom-Cooper (Petitioner)—That the respondents be invited to lodge objections by 28th July.

5.  Appeal Committee—The 66th Report from the Appeal Committee was agreed to and the following Orders were made—

    Bank of Credit and Commerce International SA (in compulsory liquidation) and others (Respondents) v. Zafar (Petitioner)—That the petition be dismissed as inadmissible.

    Brown (AP) (Petitioner) v. Secretary of State for Northern Ireland (Respondent) (Northern Ireland)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981; 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.

    Regina v. Secretary of State for Defence (Respondent) ex parte Association of British Civilian Internees - Far East Region (Petitioners)—That leave to appeal be refused.

    Regina v. Z (Respondent) (2003)—That leave to appeal be given; and that the petition of appeal be lodged by 28th July.

Papers

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

    1.  Crime—

      (i)     Second Report of the Shipman Inquiry: the Police Investigation of March 1998;     (5853)

      (ii)     Third Report of the Shipman Inquiry: Death Certification and the Investigation of Deaths by Coroners;  (5854)

    2.  Foreign Affairs—Exchange of Notes between the United Kingdom and Israel amending the Convention providing for the Reciprocal Recognition and Enforcement of Judgements in Civil Matters, together with an Explanatory Memorandum;    (5874)

    3.  Heritage—Report and Accounts for 2002-03 of the Historical Manuscripts Commission.

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

    1.  Care Homes (Amendment No. 2) Regulations 2003, laid under the Care Standards Act 2000;  (1703)

    2.  (i)  Education (Assisted Places) (Amendment) (England) Regulations 2003—  (1705)

      (ii)  Education (Assisted Places) (Incidental Expenses) (Amendment) (England) Regulations 2003—  (1707)

      laid under the Education (Schools) Act 1997;

    3.  Occupational Pension Schemes (Transfer Values and Miscellaneous Amendments) Regulations 2003, laid under the Pensions Schemes Act 1993;  (1727)

    4.  Nursing and Midwifery Council (Practice Committees) (Interim Constitution) Rules Order of Council 2003, laid under the Nursing and Midwifery Order 2001.  (1738)

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

    1.  Accounts for 2002-03 of the Competition Commission, laid under the Competition Act 1998, together with the Report of the Comptroller and Auditor General;

    2.  Accounts for 2001-02 of the Severn Bridge, laid under the Severn Bridge Act 1992, together with the Report of the Comptroller and Auditor General;

    3.  (i)  Account for 2002-03 of Additional Payments to the Radio Authority by Radio Programme Licensees, together with the Report of the Comptroller and Auditor General—

      (ii)     Account for 2002-03 of Additional Payments and Financial Penalties to the Independent Television Commission by Licensees, together with the Report of the Comptroller and Auditor General—

      laid under the Broadcasting Act 1990;

    4.  Accounts for 2002-03 of English Nature, laid under the Environmental Protection Act 1990, together with the Report of the Comptroller and Auditor General;

    5.  Accounts for 2002-03 of the Advisory, Conciliation and Arbitration Service and of the Certification Officer and the Central Arbitration Committee, laid under the Trade Union and Labour Relations (Consolidation) Act 1992, together with the Report of the Comptroller and Auditor General;

    6.  Accounts for 2002-03 of the Patent Office, laid under the Government Trading Funds Act 1973, together with the Report of the Comptroller and Auditor General;

    7.  Report and Accounts for 2002-03 of the Royal Botanic Gardens Kew, laid under the National Heritage Act 1983, together with the Report of the Comptroller and Auditor General;

    8.  Report and Accounts for 2002-03 of the Police Information Technology Organisation, laid under the Police Act 1997, together with the Report of the Comptroller and Auditor General;

    9.  Accounts for 2000-01 relating to issues from the National Loans Fund, laid under the National Loans Act 1968, together with the Report of the Comptroller and Auditor General;

    10.  Accounts for 2002-03 of the Atomic Energy Authority, laid under the Atomic Energy Authority Act 1954, together with the Report of the Comptroller and Auditor General;

    11.  Return for 2002-03 of Aliens Employed in the Civil Service, laid under the Aliens Employment Act 1955;

    12.  Report and Accounts for 2002-03 of the Horserace Betting Levy Board and the Horserace Totalisator Board, laid under the Betting, Gaming and Lotteries Act 1963;

    13.  Report for 2002-03 of the Teacher Training Agency, laid under the Education Act 1994;

    14.  Report and Accounts for 2002-03 of the Office of Gas and Electricity Markets, laid under the Utilities Act 2000;

    15.  Report for 2002-03 on Companies, laid under the Companies Act 1985;

    16.  Accounts for 2002-03 of the Crown’s Nominee for the collection of bona vacantia, laid under the Treasury Solicitor Act 1876;

    17.  Report for 2002-03 of the Rail Passengers Committee Wales, laid under the Railways Act 1993;

    18.  Report and Accounts for 2002-03 of English Partnerships, laid under the New Towns Act 1981.

Select Committee Report

9.  Human Rights—The 15th Report from the Joint Committee, Scrutiny of Bills: Further Progress Report, was made and ordered to be printed. (HL Paper 149)

Public Business

10.  Clerk of the Parliaments—The House having been informed on 21st May that Her Majesty had been pleased to appoint Mr Paul David Grenville Hayter, LVO, to the office of Clerk of the Parliaments, vacant by the retirement of Sir John Michael Davies, KCB, the letters of appointment dated 14th July 2003 were read; then the said Paul David Grenville Hayter made the prescribed declaration (which declaration is set down in the Roll amongst the Oaths of the Great Officers), and took his seat at the Table.

11.  Clerk Assistant of the Parliaments—It was moved by the Lord Chancellor that this House do approve the appointment by the Lord Chancellor, pursuant to the Clerk of the Parliaments Act 1824, of Mr Michael Graham Pownall to be Clerk Assistant of the House in place of Mr Paul David Grenville Hayter LVO appointed Clerk of the Parliaments; the motion was agreed to nemine dissentiente.

12.  Reading Clerk and Clerk of Outdoor Committees—It was moved by the Lord Chancellor that this House do approve the appointment by the Lord Chancellor, pursuant to the Clerk of the Parliaments Act 1824, of Mr David Richard Beamish as Reading Clerk and Clerk of Outdoor Committees of the House in place of Mr Michael Graham Pownall appointed Clerk Assistant; the motion was agreed to nemine dissentiente.

13.  Female Genital Mutilation Bill—A bill to restate and amend the law relating to female genital mutilation; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 98)

14.  Female Genital Mutilation Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 98-EN)

15.  Household Waste Recycling Bill—A bill to make further provision regarding the collection, composting and recycling of household waste; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 97)

16.  Ragwort Control Bill—A bill to amend the Weeds Act 1959 in relation to ragwort; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 96)

17.  Civil Contingencies—A message was brought from the Commons that they have ordered the Committee appointed by them to meet with the Lords Committee on Tuesday 15th July at half-past three o’clock, as proposed by this House.

18.  Mental Incapacity—A message was brought from the Commons that they have ordered the Committee appointed by them to meet with the Lords Committee on Tuesday 15th July at half-past three o’clock, as proposed by this House.

19.  Criminal Justice Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; an amendment was disagreed to (see division list 1); the House was resumed.

20.  Fire Services Bill—The bill was reported from the Grand Committee with amendments; it was ordered that the bill be printed as amended. (HL Bill 99)

21.  European Union: information—The Lord Stoddart of Swindon asked Her Majesty’s Government how much money (a) they and (b) the European Union spend each year in the United Kingdom on information about the European Union, and how these sums of money are split between (i) schools, (ii) universities and other further educational establishments, and (iii) elsewhere; after debate, the question was answered by the Baroness Ashton of Upholland.

22.  Criminal Justice Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; an amendment was disagreed to (see division list 2); amendments were agreed to; the House was resumed after clause 40 stood part.

23.  Communications Bill—The bill was returned from the Commons with certain amendments agreed to and with consequential amendments to the bill; and with the remaining amendments disagreed to but with amendments proposed in lieu thereof; the Commons amendments were ordered to be printed. (HL Bill 100)

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

till tomorrow, half-past two o’clock.

PAUL HAYTER

  Clerk of the Parliaments

APPENDIX

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

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

    Fire Services Bill—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; it was ordered that the bill be reported with amendments.

The Committee was adjourned at twenty-nine minutes past six o’clock.

 
 
 
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Prepared: 15 july 2003