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 10° Novembris 2003

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

PRAYERS were read by the Lord Bishop of Derby.

1.  Barony of Milner of Leeds in the Peerage of the United Kingdom—The Petition of Richard James Milner claiming to have succeeded to the Barony of Milner of Leeds in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the Lord Milner of Leeds on his register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor to consider and report upon to the House pursuant to Standing Order 11.

Judicial Business

2.  Celtec Limited (Appellants) v. Astley and others (Respondents)—The 66th Report from the Appellate Committee was made and ordered to be printed (HL Paper 182). The report was agreed to and it was ordered that the following questions be referred to the Court of Justice of the European Communities for a preliminary ruling under Article 234 of the Treaty establishing the European Community: “1. Are the words “the transferor’s rights and obligations arising from a contract of employment or from an employment relationship existing on the date of a transfer” in Article 3(1) of Council Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses (OJ 1977 L61/26) to be interpreted as meaning that there is a particular point in time at which the transfer of the undertaking or part thereof is deemed to have been completed and the transfer of rights and obligations pursuant to Article 3(1) is effected? 2. If the answer to question 1 is “yes”, how is that particular point in time to be identified? 3. If the answer to question 1 is “no”, how are the words “on the date of a transfer” in Article 3(1) to be interpreted?”; and that further consideration of the appeal be adjourned sine die.

Papers

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

    1.  Education—Report for 2003 of the School Teachers’ Review Body;    (5987)

    2.  Housing—Government Response to the Report of the House of Commons Select Committee on the Office of the Deputy Prime Minister on the Draft Housing Bill.    (6000)

4.  Regulatory Reform—The following order was laid before the House under section 6(1) of the Regulatory Reform Act 2001 and referred to the Delegated Powers and Regulatory Reform Committee:

    Draft Regulatory Reform (Patents) Order 2004, together with a statement by the Department of Trade and Industry.

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

    1.  Disability Discrimination Act 1995 (Pensions) Regulations 2003, laid under the European Communities Act 1972;    (2770)

    2.  Judicial Pensions and Retirement Act 1993 (Qualifying Judicial Offices) (Amendment) Order 2003, laid under the Judicial Pensions and Retirement Act 1993;    (2775)

    3.  Social Security (Electronic Communications) (Carer’s Allowance) Order 2003, laid under the Electronic Communications Act 2000;    (2800)

    4.    (i)  National Health Service (Improved Access, Quality Information Preparation and Violent Patients Schemes) (England) Regulations 2003—    (2824)

      (ii)  National Health Service (General Medical Services etc.) (Patients’ Forums) Amendment Regulations 2003—  (2863)

      laid under the National Health Service Act 1977;

    5.  Community Legal Service (Financial) (Amendment No. 2) Regulations 2003, laid under the Access to Justice Act 1999;    (2838)

    6.  Family Proceedings (Amendment No. 2) Rules 2003, laid under the Matrimonial and Family Proceedings Act 1984;    (2839)

    7.  Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2003, laid under the Magistrates’ Courts Act 1980;    (2840)

    8.  Code of Practice on Equal Pay Order 2003, laid under the Sex Discrimination Act 1975.    (2865)

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

    1.  Accounts for 2000-02 of the Office of the Northern Ireland Oversight Commissioner, laid under the Police (Northern Ireland) Act 2000, together with the Report of the Comptroller and Auditor General;

    2.  Accounts for 2002-03 of the National Biological Standards Board, laid under the Biological Standards Act 1975, together with the Report of the Comptroller and Auditor General;

    3.  Accounts for 1998-2000 of Funds in County Court (Northern Ireland), laid under the Judicature (Northern Ireland) Act 1978, together with the Report of the Comptroller and Auditor General.

Select Committee Reports

7.  Human Rights—The 16th Report from the Joint Committee, on the Draft Voluntary Code of Practice on Retention of Communications Data under Part 11 of the Anti-terrorism, Crime and Security Act 2001, was made and ordered to be printed. (HL Paper 181)

8.  Liaison—The 3rd Report from the Select Committee was made and ordered to be printed. (HL Paper 183)

Private Business

9.  Mersey Tunnels Bill—The following petition praying to be heard against the bill was deposited:

Petition No.

Petitioners

Agent

1.

David Loudon, John McGoldrick and the Mersey Tunnels Users Association

John McGoldrick

Public Business

10.  Health and Social Care (Community Health and Standards) Bill—The bill was further considered on report; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; an amendment was disagreed to (see division list 1); an amendment was agreed to (see division list 2); further consideration on report was adjourned.

11.  Northern Ireland (Date of Next Assembly Poll) Order 2003—It was moved by the Baroness Farrington of Ribbleton that the Order laid before the House on 22nd October be approved; after debate, the motion was agreed to.

12.  Northern Ireland Assembly (Elections) (Amendment) Order 2003—It was moved by the Baroness Farrington of Ribbleton that the draft Order laid before the House on 22nd October be approved; the motion was agreed to.

13.  Northern Ireland Assembly (Elections and Periods of Suspension) Act 2003 (Consequential Modifications) Order 2003—It was moved by the Baroness Farrington of Ribbleton that the Order laid before the House on 22nd October be approved; the motion was agreed to.

14.  Northern Ireland Assembly (Elections and Periods of Suspension) Act 2003 (Consequential Modifications No. 2) Order 2003—It was moved by the Baroness Farrington of Ribbleton that the Order laid before the House on 29th October be approved; the motion was agreed to.

The House was adjourned during pleasure.

The House was resumed.

15.  Health and Social Care (Community Health and Standards) Bill—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; further consideration on report was adjourned after amendment 385H.

16.  Water 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 120)

The House was adjourned at a quarter past ten o’clock

till tomorrow, half-past two o’clock.

PAUL HAYTER

  Clerk of the Parliaments

 
 
 
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© Parliamentary copyright 2003
Prepared: 11 november 2003