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 Martis 25° Februarii 2003

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

PRAYERS were read by the Lord Bishop of Blackburn.

Judicial Business

1.  Bakewell Management Limited (Respondents) v. Brandwood and others (Petitioners)—The petition of Roland Brandwood, Rosalind Brandwood, John Bulpit, Thomas Cobbold, Patricia Mary Cobbold, Herbert Collier, Ann Collier, Nicholas Patrick Feeley, Alison Jayne Feeley, Francis Philip Donald Flory, Margaret Ann Crozier Flory, James Stuart Gilbert, Helen Jane Gilbert, Robert Gilbert, Jane Gilbert, Douglas Goddard, John Francis Gradwell, Jane Vivien Gradwell, Peter John Henry Groves, Pamela Elizabeth Groves, Andrew Peter Hewitt, Susan Carolyn Hopgood, Jean Jackson, John Lester, Hugh Reginald Mant, Pauline Elizabeth Mant, Paul Hugh Marriage, Caroline Dibley Marriage, Robert Henry James Miles, Christina Moran, Brian Robertson Murdoch, Patricia Rose Murdoch, Paul Nickson, Margaret Nickson, Basil Northover, Marion Northover, Cissie Soulsbury, David Stevenson, Pamela Stevenson, Paul Burnett, Lydia Thomas, Merton Vaslet and Brenda Vaslet praying for leave to appeal was presented and referred to an Appeal Committee.

2.  Flightline Limited (Petitioners) v. Edwards and another (Respondents)—The petition of Flightline Limited praying for leave to appeal was presented and referred to an Appeal Committee.

3.  Malory Enterprises Limited (a company incorporated under the laws of the British Virgin Islands) (Respondents) v. Cheshire Homes (UK) Limited (Appellants) and others and another (Respondent)—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 3rd April next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 20th February).

4.  Appeal Committee—The following Order was made pursuant to the 23rd Report:

    Campbell (Petitioner) v. MGN Limited (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 11th March next.

5.  Appeal Committee—The 30th Report from the Appeal Committee was agreed to and the following Orders were made—

    Regina v. Muhamad (Petitioner)—That leave to appeal be refused.

    Freeman (Respondent) v. Kasseer (FC) (Petitioner)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and that the respondent be at liberty to apply for her costs in accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Ravenseft Properties Limited (Respondents) v. Hall (FC) (Petitioner)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Hendricks (Respondent) v. Commissioner of Police for the Metropolis (Petitioner)—That the respondent be invited to lodge objections by 11th March next.

    Lloyds TSB Bank plc (Petitioners) v. Hayward (Respondent)—That leave to appeal be refused; that the respondent be at liberty to apply for his 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.

    R Cruickshank Limited (Petitioners) v. Chief Constable of the Constabulary of the County of Kent (Respondent)—That the respondent be invited to lodge objections by 11th March next.

    Hilton (Petitioner) v. Barker Booth and Eastwood (a firm) (Respondents)—That the respondents be invited to lodge objections by 11th March next.

    Criterion Properties plc (Petitioners) v. Stratford UK Properties llc (Respondents) and others—That the respondents be invited to lodge objections by 11th March next.

    Regina v. London Borough of Enfield (Respondents) ex parte Clarke (Petitioner)—That leave to appeal be refused; that the respondents be at liberty to apply for their 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.

Papers

6.  Papers withdrawn—The following papers, laid before the House on 28th January, were withdrawn:

    1.  Draft Code of Practice for searches of premises by police officers and the seizure of property found by police officers on persons or premises;

    2.  Draft Code of Practice for the detention, treatment and questioning of persons by police officers;

    3.  Draft Code of Practice for the identification of persons by police officers;

    4.  Draft Code of Practice on tape recording interviews with suspects.

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

    1.  Biological Weapons—Government Response to the 1st Report of the House of Commons Foreign Affairs Committee: The Biological Weapons Green Paper;    (5713)

    2.  Terrorism—

      (i)  Government Response to the 2nd Report of the House of Commons Foreign Affairs Committee: Foreign Policy Aspects of the War Against Terrorism;  (5739)

      (ii)  The financial system and major operational disruption: Government consultation document;  (5751)  

    3.  Iraq.    (5769)

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

    1.  (i)  Draft Apple and Pear Research Council (Dissolution) Order 2003—

      (ii)  Draft Horticultural Development Council (Amendment) Order 2003—

      laid under the Industrial Organisation and Development Act 1947, together with Explanatory Memoranda;

    2.  Draft Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2003, laid under the Rehabilitation of Offenders Act 1974, together with an Explanatory Memorandum.

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

    1.  Legal Advice and Assistance (Amendment No. 2) Regulations (Northern Ireland) 2003, laid under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981;    (—)

    2.  National Care Standards Commission (Registration) (Amendment) Regulations 2003, laid under the Care Standards Act 2000.    (369)

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

    Accounts for 2001-02 of the following Education Action Zones, together with the Reports of the Comptroller and Auditor General:

      (i)  Dingle Granby Toxteth—

      (ii)  Great Yarmouth—

      (iii)  Herefordshire—

      (iv)  North Somerset (Weston-Super-Mare)—

      laid under the School Standards and Framework Act 1998.

Select Committee Reports

11.  Statutory Instruments—The 11th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

      Draft Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 2003;

      Draft Asylum (Designated States) Order 2003;

    it was ordered that the Report be printed. (HL Paper 60)

12.  European Union—The following Reports from the Select Committee were made and ordered to be printed:

    The Future of Europe: Constitutional Treaty—Draft Articles 1-16; (9th Report-HL Paper 61)

    Mid-Term Review of the Common Agricultural Policy: External Implications, together with the Minutes of Evidence. (10th Report-HL Paper 62)

Public Business

13.  Crime (International Co-operation) Bill [HL]—The report was received; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; amendments were disagreed to (see division lists 1 to 3); further consideration on report was adjourned.

14.  Income Tax (Earnings and Pensions) Bill—It was moved by the Lord McIntosh of Haringey that the bill be now read a second time; after debate, the motion was agreed to and the Committee was negatived; then, Standing Order 47 having been dispensed with, the bill was read a third time and passed.

15.  Crime (International Co-operation) Bill [HL]—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; an amendment was disagreed to (see division list 4); amendments were agreed to; further consideration on report was adjourned after amendment 70.

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

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

  Cler: Parliamentor:

 
 
 
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Prepared: 26 february 2003