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 23° Octobris 2003

The House met at eleven o’clock.

PRAYERS were read by the Lord Bishop of Sheffield.

1.  Journals—The 235th volume of the Journals (Session 2001-02), with an index, was laid on the Table by the Clerk of the Parliaments.

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.  Urban Economy—Government Response to the Report of the House of Commons Select Committee on the Office of the Deputy Prime Minister, Housing, Planning, Local Government and the Regions on the Evening Economy and the Urban Renaissance;    (5971)

    2.  Orders and Decorations—Report by the Ministry of Defence on the Naval General Service Medal and the General Service Medal (Army and Royal Air Force) for service in the Suez Canal Zone.    (5999)

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

    1.  Education (Revocation of Spent Provisions) (England) Regulations 2003, laid under the Education Act 1996;  (2694)

    2.  Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Wirral) Order 2003, laid under the Road Traffic Act 1991.  (2711)

Public Business

4.  Human Rights—It was moved by the Chairman of Committees that the quorum of the Select Committee appointed to join with the Committee of the Commons as the Joint Committee on Human Rights be two; the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.

5.  Gambling—It was moved by the Chairman of Committees that the Order of the House of 9th September appointing a Select Committee to join with a Committee of the Commons to consider and report on any clauses of a draft Gambling Bill presented to both Houses by a Minister of the Crown be amended by leaving out the words “within the United Kingdom”; the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.

6.  Criminal Justice Bill—It was moved by the Baroness Farrington of Ribbleton, on behalf of the Baroness Scotland of Asthal, that the amendments for the Report stage be marshalled and considered in the following order—

Clauses 1 to 11
Schedule 1
Clauses 12 to 26
Schedule 2
Clauses 27 to 39
Schedule 3
Clauses 40 to 60
Schedule 4
Clauses 61 to 97
Schedule 5
Clauses 98 to 118
Schedule 6
Clauses 119 to 161

Schedule 7
Clause 162
Schedule 8
Clauses 163 to 169
Schedule 9
Clause 170
Schedule 10
Clauses 171 to 175
Schedule 11
Clause 176
Schedule 12
Clauses 177 to 201
Schedule 13

Clauses 202 to 206
Schedule 14
Clauses 207 to 211
Schedules 15 and 16
Clause 212
Schedule 17
Clauses 213 to 221
Schedule 18
Clauses 222 to 247
Schedule 19
Clauses 248 to 254
Schedule 20
Clauses 255 to 256
Schedule 21
Clause 257
Schedule 22
Clause 258
Schedules 23 and 24
Clauses 259 to 261
Schedule 25

Clause 262
Schedule 26
Clauses 263 to 276
Schedule 27
Clauses 277 to 280
Schedule 28
Clauses 281 to 298
Schedule 29
Clauses 299 to 301
Schedule 30
Clauses 302 to 305
Schedule 31
Clauses 306 and 307
Schedule 32
Clause 308
Schedule 33
Clause 309
Schedule 34
Clauses 310 to 314;

    the motion was agreed to.

7.  Female Genital Mutilation Bill—The bill was read a third time and passed.

8.  Health and Social Care (Community Health and Standards) 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; the House was resumed and the bill was reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 113)

9.  Anti-social Behaviour Bill—The report was received; amendments were moved and (by leave of the House) withdrawn; further consideration on report was adjourned.

The House was adjourned during pleasure.

The House was resumed.

Judicial Business

10.  Regina v. Bristol Magistrates’ Court and others (Appellants) ex parte Junttan Oy (Respondents) (Criminal Appeal from Her Majesty’s High Court of Justice)—

11.  Regina v. Bristol Magistrates’ Court and others (Respondents) ex parte Junttan Oy (Appellants) (Criminal Appeal from Her Majesty’s High Court of Justice)—

    (Conjoined Appeals)—

    It was moved by the Lord Nicholls of Birkenhead, That the 61st Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal of the Health and Safety Executive be allowed; that the Order of the Divisional Court of the Queen’s Bench Division of the High Court of 19th March 2002 be set aside and that the decision of the District Judge sitting at Bristol Magistrates’ Court of 22nd June 2001 be restored; that the first certified question be answered “The Health and Safety Executive was entitled to prosecute Junttan Oy under section 6 of the Health and Safety at Work etc. Act 1974.”; that the respondents do pay to the appellants their costs in the Divisional Court 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; that the second certified question be answered “On the facts there was no failure to follow the safeguard procedure.”; that the appeal of Junttan Oy be dismissed; and that the question of costs in the second appeal be adjourned sine die. [2003] UKHL 55

12.  Her Majesty’s Commissioners of Customs and Excise (Respondents) v. Sinclair Collis Limited (Appellants)—The Cause was further considered, pursuant to the Order of the Lords of Appeal, sitting in the name of the House of Lords during the dissolution of Parliament by virtue of a Writing by Her Majesty The Queen under Her Majesty’s Sign Manual dated the 14th day of May 2001, of 7th June 2001 whereby certain questions were referred to the Court of Justice of the European Communities, the Judgment of that Court having been given on 12th June 2003; it was ordered and adjudged that the Order of the Court of Appeal of 23rd June 1999 and the Order of Mr Justice Lightman of 9th July 1998 be set aside and the Decision of the Manchester Value Added Tax and Duties Tribunal of 6 June 1997 be restored; and that the respondents do pay to the appellants their costs before the Value Added Tax and Duties Tribunal, before Mr Justice Lightman, in the Court of Appeal, before the Court of Justice of the European Communities and before this House, the amount of such costs in the Court of Justice and before this House to be certified by the Clerk of the Parliaments if not agreed between the parties. [2003] UKHL 56

13.  Regina v. London Borough of Barnet (Respondents) ex parte G (FC) (Appellant)—

14.  Regina v. London Borough of Lambeth (Respondents) ex parte W (FC) (Appellant)—

15.  Regina v. London Borough of Lambeth (Respondents) ex parte A (FC) (Appellant)—

    (Conjoined Appeals)

    It was moved by the Lord Nicholls of Birkenhead, That the 62nd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that, in the appeal of G, the Order of the Court of Appeal of 11th April 2001 be affirmed and the appeal dismissed with costs; and that the amounts thereof, if any, to be paid by the appellant and to be paid out of the Community Legal Service Fund be certified by the Clerk of the Parliaments in accordance with section 11 of the Access to Justice Act 1999; that, in the appeal of W, the Order of the Court of Appeal of 3rd May 2002 be affirmed and the appeal dismissed with costs; and that the amounts thereof, if any, to be paid by the appellant and to be paid out of the Community Legal Service Fund be certified by the Clerk of the Parliaments in accordance with section 11 of the Access to Justice Act 1999; that, in the appeal of A, the Order of the Court of Appeal of 5th November 2001 be affirmed and the appeal dismissed with costs; and that the amounts thereof, if any, to be paid by the appellant and to be paid out of the Community Legal Service Fund be certified by the Clerk of the Parliaments in accordance with section 11 of the Access to Justice Act 1999; and that the costs of the appellants be taxed in accordance with the Access to Justice Act 1999. [2003] UKHL 57

16.  Davidson (AP) (Respondent) v. Scottish Ministers (Appellants) (Scotland)—The appeal was set down for hearing and referred to an Appellate Committee.

The House was adjourned during pleasure.

The House was resumed.

Public Business

17.  Anti-social Behaviour Bill—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were disagreed to (see division lists 1 and 2); amendments were agreed to; further consideration on report was adjourned after amendment 56.

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

to Monday next, half-past two o’clock.

PAUL HAYTER

  Clerk of the Parliaments

 
 
 
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Prepared: 24 october 2003