House of Lords
Session 2003 - 04
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Minutes and Order Papers

Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Thursday 27th November 2003

The House met at eleven o’clock.

PRAYERS were read by the Lord Bishop of Manchester.

Judicial Business

1.  Government of the United States of America (Respondents) v. Barnette and another (Appellant) (England)—The appeal of Kathleen Conway Montgomery was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 8th January next.

2.  Mulvenna (Petitioner) v. Royal Bank of Scotland plc (Respondents)—The petition of Terence Mulvenna praying for leave to appeal was presented and referred to an Appeal Committee (lodged 21st August).

3.  Regina v. Her Majesty’s Commissioners of Customs and Excise (Respondents) ex parte Cardiff City Council (Petitioners)—The petition of Cardiff City Council praying for leave to appeal was presented and referred to an Appeal Committee (lodged 20th November).

4.  Moreland Properties (UK) Limited (Respondents) v. Dhokia and others (Petitioners)—The petition of Divyalata Visavadia, Mansukhlal Visavadia, Rajesh Visavadia and Shital Visavadia praying for leave to appeal was presented and referred to an Appeal Committee (lodged 21st November).

5.  Strand Options and Futures Limited (Petitioners) v. Vojak (Her Majesty’s Inspector of Taxes) (Respondent)—The petition of Strand Options and Futures Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 21st November).

6.  Niru Battery Manufacturing Company and others (Respondents) v. Milestone Trading Limited and others and others (Petitioners)—The petition of Credit Agricole Indosuez praying for leave to appeal was presented and referred to an Appeal Committee (lodged 21st November).

7.  Loftus-Brigham and another (Respondents) v. London Borough of Ealing (Petitioners)—The petition of the London Borough of Ealing praying for leave to appeal was presented and referred to an Appeal Committee.

8.  Silven Properties Limited and others (Petitioners) v. Royal Bank of Scotland plc and others (Respondents) and another (Petitioner)—The petition of Silven Properties Limited, Chart Enterprises Incorporated and Freddy Jacob Ezekiel praying for leave to appeal was presented and referred to an Appeal Committee.

9.  Parks (Petitioner) v. Clout (Respondent)—The petition of Victor Alfred William Parks praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.

10.  Stewart (AP) (Respondent) v. Perth and Kinross Council (Appellants) (Scotland)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 6th January next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 21st November).

11.  Hilton (Appellant) v. Barker Booth and Eastwood (a firm) (Respondents)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 16th December next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

12.  Walker and others (Respondents) v. Stones (Appellant) and others—

13.  Walker and others (Appellants) v. Stones and another and others (Respondents)—

    (Conjoined Appeals)—

    The petition of the appellants was presented praying that the appeals be withdrawn on the terms agreed between the parties (the agents for the respondents consenting thereto); and it was ordered as prayed.

14.  Civil practice directions—The First Report from the Appeal Committee was made and it was ordered that the practice directions applicable to civil appeals be revoked and that the new edition agreed by the Committee be promulgated by the Clerk of the Parliaments.

15.  Criminal practice directions—The 2nd Report from the Appeal Committee was made and it was ordered that the practice directions applicable to criminal appeals be revoked and that the new edition agreed by the Committee be promulgated by the Clerk of the Parliaments.

16.  Judicial taxation practice directions—The 3rd Report from the Appeal Committee was made and it was ordered that the practice directions applicable to judicial taxations be revoked and that the new edition agreed by the Committee be promulgated by the Clerk of the Parliaments.

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

    Regina v. Secretary of State for the Home Department (Respondent) ex parte Al-Hasan (FC) (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 11th December next.

    Regina v. Secretary of State for the Home Department (Respondent) ex parte Carroll (FC) (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 11th December next.

Papers

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

    1.  Immigration—Control of Immigration: Statistics for the United Kingdom for 2002;    (6053)

    2.  Iraq—Government Response to the Report of the House of Commons Foreign Affairs Select Committee on The Decision to go to War in Iraq;    (6062)

    3.  Finance—Treasury Minute concerning the remission of outstanding public dividend capital arising from the dissolution of Powys National Health Service Trust.    (—)

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

    1.  Draft Conduct of Employment Agencies and Employment Businesses Regulations 2003, laid under the Employment Agencies Act 1973, together with an Explanatory Memorandum;

    2.  Draft Justice (Northern Ireland) Act 2002 (Amendment of section 46(1) and paragraph 7(2) of Schedule 8) Order 2003, laid under the Justice (Northern Ireland) Act 2002, together with an Explanatory Memorandum;

    3.  Northern Ireland Act 1998 (Modification) Order 2003, laid under the Northern Ireland Act 2000, together with an Explanatory Memorandum.  (3039)

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

    1.    (i)  Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003—    (3011)

      (ii)  Local Authorities (Calculation of Council Tax Base) (Amendment) (England) Regulations 2003—  (3012)

      laid under the Local Government Finance Act 1992;

    2.  Social Fund Cold Weather Payments (General) Amendment (No. 2) Regulations 2003, laid under the Social Security Contributions and Benefits Act 1992;    (3023)

    3.  Employment Rights (Increase of Limits) Order 2003, laid under the Employment Relations Act 1999;    (3038)

    4.  Public Lending Right Scheme 1982 (Commencement of Variation) Order 2003, laid under the Public Lending Right Act 1979.    (3045)

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

    1.  Report for 2003 on bringing fully into force those provisions of the Freedom of Information Act 2000 which are not already in force, laid under that Act;

    2.  Report for 2002 on Research and Development Work Relating to Assistive Technology, laid under the Chronically Sick and Disabled Persons Act 1970;

    3.  Accounts for 2002-03 of the Youth Justice Board for England and Wales, laid under the Crime and Disorder Act 1998, together with the Report of the Comptroller and Auditor General;

    4.  Lottery Accounts for 2002-03 of the UK Film Council, laid under the National Lottery etc. Act 1993, together with the Report of the Comptroller and Auditor General;

    5.  Accounts for 2002-03 of the Public Lending Right Central Fund, laid under the Public Lending Right Act 1979, together with the Report of the Comptroller and Auditor General;

    6.  (i)  Accounts for 2002-03 for National Savings Ordinary Deposits, together with the Report of the Comptroller and Auditor General—

      (ii)     Accounts for 2002-03 for National Savings Investment Deposits, together with the Report of the Comptroller and Auditor General—

      laid under the National Savings Bank Act 1971;

    7.  Accounts for 2002-03 of the Wool Textile Industry Export Promotion Levy, laid under the Industrial Organisation and Development Act 1947, together with the Report of the Comptroller and Auditor General;

    8.  Report and Accounts for 2002-03 of the National Criminal Intelligence Service, laid under the Police Act 1997, together with the Report of the Comptroller and Auditor General;

    9.  Accounts for 2002-03 of the National Museums and Galleries on Merseyside, laid under the Merseyside Museums and Galleries Order 1986, together with the Report of the Comptroller and Auditor General;

    10.  Treasury Minute directing the application of certain amounts as Appropriations in Aid of the Estimates for 2003-04, laid under the Government Resources and Accounts Act 2000.

Private Business

22.  Petitions for private bills—The following petitions for private bills were deposited on or before 27th November 2003 pursuant to Standing Order:

Name of Petition

By whom deposited

Ipswich Market

Bircham Dyson Bell

Medway Council

Sharpe Pritchard

University of Manchester

Rees & Freres

University of Wales, Cardiff

Winckworth Sherwood

Public Business

23.  Public Audit (Wales) Bill [HL]—A bill to confer further functions on the Auditor General for Wales; to make provision about the audit of accounts of public bodies in Wales and related matters; to make provision about economy, efficiency and effectiveness in relation to public bodies and registered social landlords in Wales; and for connected purposes was presented by the Lord Evans of Temple Guiting, read a first time and ordered to be printed. (HL Bill 1)

24.  Public Audit (Wales) Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 1-EN)

25.  Energy Bill [HL]—A bill to make provision for the decommissioning and cleaning up of installations and sites used for, or contaminated by, nuclear activities; to make provision relating to the civil nuclear industry; to make provision about radioactive waste; to make provision for the development, regulation and encouragement of the use of renewable energy sources; to make further provision in connection with the regulation of the gas and electricity industries; to make provision for the imposition of charges in connection with the carrying out of the Secretary of State’s functions relating to energy matters; to make provision for giving effect to international agreements relating to pipelines and offshore installations; and for connected purposes was presented by the Lord Davies of Oldham on behalf of the Lord Whitty, read a first time and ordered to be printed. (HL Bill 2)

26.  Energy Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 2-EN)

27.  Health Protection Agency Bill [HL]—A bill to establish the Health Protection Agency and make provision as to its functions was presented by the Lord Davies of Oldham on behalf of the Lord Warner, read a first time and ordered to be printed. (HL Bill 3)

28.  Health Protection Agency Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 3-EN)

29.  Gender Recognition Bill [HL]—A bill to make provision for and in connection with change of gender was presented by the Lord Davies of Oldham on behalf of the Lord Falconer of Thoroton, read a first time and ordered to be printed. (HL Bill 4)

30.  Gender Recognition Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 4-EN)

31.  Fishery Limits (United Kingdom) Bill [HL]—A bill to make provision for the United Kingdom to withdraw from the Common Fisheries Policy of the European Union; to amend the Fishery Limits Act 1976; and for connected purposes was presented by the Lady Saltoun of Abernethy, read a first time and ordered to be printed. (HL Bill 5)

32.  Committee of Selection—It was moved by the Chairman of Committees that in accordance with Standing Order 64 a Committee of Selection be appointed to select and propose to the House the names of the Lords to form each select committee of the House (except the Committee of Selection itself and any committee otherwise provided for by statute or by order of the House) or any other body not being a select committee referred to it by the Chairman of Committees, and the panel of Deputy Chairmen of Committees; and that the following Lords together with the Chairman of Committees be named of the Committee—

B. Amos (Lord President)
L. Cope of Berkeley
L. Craig of Radley
L. Dubs
L. Grocott

L. Roper
V. Slim
L. Strathclyde
L. Trefgarne
B. Williams of Crosby;

    the motion was agreed to.

33.  The Queen’s Speech—The debate on the motion that an Humble Address be presented to Her Majesty was resumed and, after further debate, was again adjourned.

The House was adjourned during pleasure.

The House was resumed.

34.  The Queen’s Speech—The debate on the motion that an Humble Address be presented to Her Majesty was resumed and, after further debate, was again adjourned to Monday next.

The House was adjourned at ten minutes before five o’clock

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

PAUL HAYTER

  Clerk of the Parliaments

 
 
 
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© Parliamentary copyright 2003
Prepared: 28 november 2003