House of Lords
Session 2001- 02
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Minutes and Order Papers

Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Lunae 20° Maii 2002

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

PRAYERS were read by the Lord Bishop of Birmingham.

1.  Marquessate of Abergavenny in the Peerage of the United Kingdom—The Petition of Christopher George Charles Nevill claiming to have succeeded to the Marquessate of Abergavenny in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as Marquess of Abergavenny on his register of hereditary peers maintained under Standing Order 10(5) was presented and referred to the Lord Chancellor to consider and report upon to the House pursuant to Standing Order 10A.

Judicial Business

2.  Regina v. East London and the City Mental Health NHS Trust and another (Respondents) ex parte Von Brandenburg (aka Hanley) (FC) (Appellant) (England)—The appeal of Nicholas Hanley was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 1st July next (lodged 7th May).

3.  Watson and others (Respondents) v. Perotti (Petitioner) and one other action—The petition of Angelo Perotti praying for leave to appeal 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 (lodged 11th January).

4.  Fadipe (Petitioner) v. Reed Nursing Personnel (Respondents)—The petition of Alexander Oladipo Fadipe praying for leave to appeal 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 (lodged 21st February).

5.  Palmeira Square Nos 2-6 Limited (Petitioners) v. Van Hoogstraten (Respondent)—The petition of Palmeira Square Nos 2-6 Limited praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

6.  Regina v. Crown Court at Manchester (Respondents) ex parte McCann (FC) and others (FC) (by their mother and litigation friend Margaret McCann) (Appellants)—The petition of Liberty praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.

7.  Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire (Appellants) v. Wallbank and another (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee.

8.  Standard Chartered Bank (Respondents) v. Pakistan National Shipping Corporation (Appellants) and others—The petition of the appellants was presented praying that the appeal be withdrawn on the terms agreed between the parties (the agents for the respondents consenting thereto); and it was ordered as prayed.

9.  Regina v. Crown Court at Manchester (Respondents) ex parte McCann (FC) and others (FC) (by their mother and litigation friend Margaret McCann) (Appellants)—The Secretary of State for the Home Department was joined to the appeal on behalf of the Crown in accordance with practice direction 31.

10.  Appeal Committee—The 85th Report from the Appeal Committee was agreed to and the following Orders were made—

    Land Rover Exports Limited (Respondents) v. Samcrete Egypt Engineers & Contractors SAE (Petitioners)—That the respondents be invited to lodge objections by 6th June next.

    McDonnell (FC) (Petitioner) v. Congregation of Christian Brothers Trustees (formerly Irish Christian Brothers) and others (Respondents)—That the respondents be invited to lodge objections by 6th June next.

    In re C (minors)—That leave to appeal be refused; and that the respondent be at liberty to apply for her costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties, and that the costs of the respondent be taxed in accordance with the Legal Aid Act 1988.

    In re R (a child suing by R her litigation friend) (Respondent)—That leave to appeal be refused; and that the respondent be at liberty to apply for her costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Watson and others (Respondents) v. Perotti (Petitioner) and one other action—That leave to appeal be refused.

    Fadipe (Petitioner) v. Reed Nursing Personnel (Respondents)—That leave to appeal be refused.

Papers

11.  Command Papers—The following papers, having been presented to the House by command of Her Majesty on 17th May, were ordered to lie on the Table:

    1.      Armed Forces—Exchange of Notes between the United Kingdom and Japan concerning the Supply of Logistic Support to the United Kingdom Armed Forces;      (5517)

    2.      Health—Draft National Health Service (Wales) Bill and Explanatory Notes.      (5527)

12.  Statutory Instruments (Standing Order 70)—The following negative instruments, having been laid before the House on 17th May, were ordered to lie on the Table:

    1.      (i)    Radioactive Material (Road Transport) (Definition of Radioactive Material) Order 2002;      (1092)

      (ii)    Radioactive Material (Road Transport) Regulations 2002;      (1093)

      together with a Regulatory Impact Assessment, laid under the Radioactive Material (Road Transport) Act 1991;

    2.      Police (Retention and Disposal of Items Seized) Regulations 2002, laid under the Criminal Justice and Public Order Act 1994.      (1372)

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

    Draft Regulation of Investigatory Powers (Communications Data: Additional Public Authorities) Order 2002, together with an Explanatory Memorandum.

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

    1.      Occupational and Personal Pension Schemes (Disclosure of Information) Amendment Regulations 2002, laid under the Pension Schemes Act 1993.      (1383)

    2.      National Health Service (Charges for Drugs and Appliances) Amendment (No. 2) Regulations 2002, laid under the National Health Service Act 1977.      (1386)

Public Business

15.  Industrial and Provident Societies Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 76-EN)

16.  Employment Bill—It was moved by the Lord Sainsbury of Turville that the amendments for the Report stage be marshalled and considered in the following order:

Clauses 1 to 12
Schedule 1
Clauses 13 to 29
Schedule 2
Clauses 30 and 31
Schedule 3
Clause 32
Schedule 4
Clauses 33 to 38

Schedule 5
Clauses 39 to 50
Schedule 6
Clauses 51 to 53
Schedule 7
Clause 54
Schedule 8
Clause 55;

    the motion was agreed to.

17.  Statutory Instruments—A message was received from the Commons that they have amended their Standing Order No. 151 relating to the Joint Committee on Statutory Instruments, so that the Orders excluded from the consideration of the Committee are now as follows:

    any Order in Council or draft Order in Council made or proposed to be made under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000, any draft order proposed to be made under section 1 of the Regulatory Reform Act 2001, or any subordinate provisions order made or proposed to be made under that Act, and any remedial order or draft remedial order under Schedule 2 to the Human Rights Act 1998.

18.  Export Control Bill—The bill was read a third time; amendments were agreed to; an amendment was disagreed to (see division list); an amendment was moved and (by leave of the House) withdrawn; then the bill was passed and returned to the Commons with amendments.

19.  Security and Defence (EUC Report)—It was moved by the Lord Jopling that this House takes note of the Report of the European Union Committee on The European Policy on Security and Defence (11th Report, HL Paper 71); after debate, the motion was agreed to.

The House was adjourned at twenty-seven minutes past ten o’clock

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 21 may 2002