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Session 2002 - 03
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Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Mercurii 19° Novembris 2003

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

PRAYERS were read by the Lord Bishop of Rochester.

Judicial Business

1.  Transco plc (formerly BG plc and BG Transco plc) (Appellants) v. Stockport Metropolitan Borough Council (Respondents)—It was moved by the Lord Bingham of Cornhill, That the 67th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 16th February 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 61

2.  Shogun Finance Limited (Respondents) v. Hudson (FC) (Appellant)—It was moved by the Lord Nicholls of Birkenhead, That the 68th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 28th June 2001 be affirmed and the appeal dismissed with costs; 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 appellant in this House be taxed in accordance with the Access to Justice Act 1999. [2003] UKHL 62

3.  Regina v. Secretary of State for Education and Employment and others (Respondents) ex parte Williamson (Appellant) and others (England)—The appeal of Philip Williamson was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 31st December next.

4.  Regina v. Secretary of State for the Home Department (Appellant) ex parte Razgar (Respondent) and two other actions (England)—The appeal of the Secretary of State for the Home Department was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 31st December next.

5.  Al-Ameri (Respondent) v. Royal Borough of Kensington and Chelsea (Appellants)—

6.  Osmani (FC) (Respondent) v. London Borough of Harrow (Appellants)—

    (Conjoined Appeals)—

    The appeals were set down for hearing and referred to an Appellate Committee.

7.  Gorringe (by her litigation friend June Elizabeth Todd) (FC) (Appellant) v. Calderdale Metropolitan Borough Council (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee.

8.  Fytche (Appellant) v. Wincanton Logistics plc (Respondents)—It was ordered that the appellant be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.

The House was adjourned during pleasure.

The House was resumed.

Papers

9.  Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:

    Gambling—Draft Gambling Bill, Explanatory Notes, Regulatory Impact Assessment and Policy Statement.    (6014)

10.  Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

    Draft Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2003, laid under the Environment Act 1995, together with an Explanatory Memorandum.

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

    1.  Road Traffic (Driving Disqualifications) (Northern Ireland) Order 2003, laid under the Northern Ireland Act 2000;    (2903)

    2.  Prescription Only Medicines (Human Use) Amendment (No. 2) Order 2003, laid under the Medicines Act 1968;    (2915)

    3.  Judicial Pensions (Election against Benefits) Regulations 2003, laid under the Pension Schemes Act 1993;    (2916)

    4.  Reading College and School of Arts and Design (Dissolution) Order 2003, laid under the Further and Higher Education Act 1992;    (2918)

    5.  Education (Nursery Education and Early Years Development) (England) (Amendment) Regulations 2003, laid under the School Standards and Framework Act 1998;    (2939)

    6.    (i)  Merchant Shipping (Fire Protection) Regulations 2003—    (2950)

      (ii)  Merchant Shipping (Fire Protection) Regulations (Amendment) Regulations 2003—  (2951)

      laid under the Merchant Shipping Act 1995;

    7.  Medicines (Products for Animal Use—Fees) (Amendment) Regulations 2003, laid under the Medicines Act 1971;    (2957)

    8.  Social Security (Contributions) (Amendment No. 7) Regulations 2003, laid under the Social Security Contributions and Benefits Act 1992;    (2958)

    9.  Family Proceedings Courts (Constitution) (Greater London) Rules 2003, laid under the Magistrates’ Courts Act 1980;    (2960)

    10.  Wireless Telegraphy (Licence Charges) (Amendment) (Channel Islands and Isle of Man) Regulations 2003, laid under the Wireless Telegraphy Act 1998.    (2984)

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

    1.  Report for 2002-03 of the Northern Ireland Human Rights Commission, laid under the Northern Ireland Act 1998;

    2.  Report for 2002-03 of the Council on Tribunals, laid under the Tribunals and Inquiries Act 1992.

Select Committee Reports

13.  European Union—The 50th Report from the Select Committee, Evidence from the Commission on the Commission’s Annual Work Programme; it was ordered that the Report be printed, together with the Minutes of Evidence. (HL Paper 200)

14.  Statutory Instruments—The minutes of proceedings of the Joint Committee for Session 2002-03 were ordered to be printed. (HL Paper 201)

15.  Delegated Powers and Regulatory Reform—The following report from the Select Committee was made and ordered to be printed:

    28th Report, on the

      Proposal for the draft Regulatory Reform (Sunday Trading) Order 2004; and

      Water Bill [HL]—Consideration of Commons Amendments. (HL Paper 202)

Public Business

16.  Criminal Justice Bill—The bill was returned from the Commons on Tuesday 18th November with certain Lords amendments disagreed to with reasons for such disagreement; with a Lords amendment disagreed to with amendments proposed in lieu thereof; with further Lords amendments disagreed to but with amendments proposed to the words so restored to the bill; and with the remaining Lords amendments agreed to; the Commons reasons and amendments were printed pursuant to Standing Order 51 (HL Bill 124); the Commons reasons and amendments were considered forthwith; motions that the House do insist on Lords amendments to which the Commons had disagreed were agreed to (see division lists 1 to 4); further motions that the House do insist on Lords amendments to which the Commons had disagreed were agreed to; a Committee was appointed to propose reasons for such insistences.

    The Lords following were named of the Committee:

    Anelay of St Johns, B.

    Kingsland, L.

    Scotland of Asthal, B.

    The Committee reported that they had proposed the following reason in respect of the insistence on Lords amendment 32:

      “Because it is inappropriate to make provision for applications by the defendant for trials to be conducted without a jury.”;

    the following reason in respect of the insistence on Lords amendment 33:

      “Because it is inappropriate to make provision for prosecution applications for certain complex or lengthy trials to be conducted without a jury.”;

    the following reason in respect of the insistence on Lords amendment 34:

      “Because it is inappropriate to make provision for prosecution applications for trials to be conducted without a jury on the ground of the danger of jury tampering.”;

    the following reason in respect of the insistence on Lords amendment 36:

      “Because it is consequential on the Lords’ insistence on their amendment 34.”;

    and the following reason in respect of the insistence on Lords amendments 114 to 131:

      “Because the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.”.

    The Report was agreed to.

    Certain Lords amendments were not insisted on and Commons amendments to words so restored to the bill were agreed to; further Lords amendments were not insisted on and Commons amendments in lieu thereof were agreed to; and the remaining Lords amendments were not insisted on; then the bill was returned to the Commons with reasons.

17.  Health and Social Care (Community Health and Standards) Bill—The bill was returned from the Commons with certain Lords amendments disagreed to with reasons for such disagreement; with certain Lords amendments disagreed to but with amendments proposed to the words so restored to the bill; with certain Lords amendments agreed to with amendments; and with the remaining Lords amendments agreed to.

The House was adjourned during pleasure.

The House was resumed.

18.  Health and Social Care (Community Health and Standards) Bill—The Commons reasons and amendments were considered; motions that the House do insist on its amendments to which the Commons had disagreed were agreed to (see division lists 5 and 6); a Committee was appointed to propose reasons for such insistence.

    The Lords following were named of the Committee:

    Clement-Jones, L.

    Howe, E.

    Warner, L.

    The Committee reported that they had proposed the following reason in respect of the insistence on Lords amendment 1:

      “Because Foundation Trusts will damage the wider interests of patients and the NHS.”;

    and the following reason in respect of the insistence on Lords amendment 161:

      “Because it is consequential on the Lords’ insistence on amendment 1.”.

    The Report was agreed to.

    Commons amendments to certain Lords amendments were agreed to; and the remaining Lords amendments were not insisted on; then the bill was returned to the Commons with reasons.

The House was adjourned during pleasure.

The House was resumed.

19.  Adjournment—It was moved by the Lord Davies of Oldham that the House do now adjourn during pleasure till 11.45; then it was moved by the Lord Cope of Berkeley that the House do now adjourn; after debate, this motion was agreed to (see division list 7).

The House was adjourned at twenty-one minutes before midnight

till tomorrow, eleven o’clock.

PAUL HAYTER

  Clerk of the Parliaments

 
 
 
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Prepared: 20 november 2003