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 Jovis 27° Februarii 2003

The House met at eleven o’clock.

PRAYERS were read by the Lord Bishop of Blackburn.

Papers

1.  Companion to the Standing Orders—The 19th edition of the Companion to the Standing Orders and Guide to the Proceedings of the House of Lords was laid on the Table by the Clerk of the Parliaments.

2.  Instrument withdrawn—The following instrument, laid before the House on 26th February, was withdrawn:

    Draft Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order 2003.

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

    1.  Departmental Performance—Autumn Performance Report 2002 of the Foreign and Commonwealth Office;    (5707)

    2.  Salary Review Body—

      (i)    2nd Report on England and Wales of the Prison Service Pay Review Body;  (5719)

      (ii)    1st Report on Northern Ireland of the Prison Service Pay Review Body;  (5720)

    3.  Hong Kong—Six-monthly Report on Hong Kong for July-December 2002;    (5755)

    4.  Museums and Galleries—Government response to the report of the House of Commons Culture, Media and Sport Committee: National Museums and Galleries: Funding and Free Admission.    (5772)

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

    Police and Criminal Evidence Act 1984 (Codes of Practice) (Codes B to E) (No. 2) Order 2003, laid under the Police and Criminal Evidence Act 1984, together with an Explanatory Memorandum.

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

    1.  School Governance (Constitution) (England) Regulations 2003, laid under the Education Act 2002;  (348)

    2.  Building Societies Act 1986 (Electronic Communications) Order 2003, laid under the Electronic Communications Act 2000;  (404)

    3.  (i)  Crown Court (Confiscation, Restraint and Receivership) Rules 2003—  (421)

      (ii)  Crown Court (Amendment) Rules 2003—  (422)

      laid under the Supreme Court Act 1981;

    4.  Magistrates’ Courts (Amendment) Rules 2003, laid under the Magistrates’ Courts Act 1980.  (423)

Select Committee Report

6.  Economic Affairs—The 2nd Report from the Select Committee on the MPC and Recent Developments in Monetary Policy was made and ordered to be printed. (HL Paper 66)

Public Business

7.  Licensing Bill [HL]—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; amendments were agreed to (see division lists 1 and 2); an amendment was disagreed to (see division list 3).

The House was adjourned during pleasure.

The House was resumed.

Judicial Business

8.  In re P (FC) (a minor by his mother and litigation friend) (Appellant)—It was moved by the Lord Bingham of Cornhill, That the 14th 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 9th May 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 be taxed in accordance with the Access to Justice Act 1999. [2003] UKHL 8

9.  In re L (FC) (a minor by his father and litigation friend) (Appellant)—It was moved by the Lord Bingham of Cornhill, That the 15th 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 24th July 2001 be affirmed and the appeal dismissed with costs; that the order of Mr Justice Henriques of 26th April 2001 be set aside as to costs; that the appellant do pay to the respondents their costs before Mr Justice Henriques and before this House; that the amounts thereof, if any, to be paid by the appellant and to be paid out of the Community Legal Service Fund be determined by a Costs Judge for those costs incurred in Her Majesty’s High Court of Justice and certified by the Clerk of the Parliaments for those incurred before this House in accordance with section 11 of the Access to Justice Act 1999; and that the costs of the appellant be taxed in accordance with the Access to Justice Act 1999. [2003] UKHL 9

10.  Regina v. Dietschmann (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—It was moved by the Lord Nicholls of Birkenhead, That the 16th 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 5th October 2001 be set aside; that the certified question be answered in accordance with the Opinion of the Lord Hutton; and that the cause be remitted to the Court of Appeal to decide whether to allow the appeal and quash the conviction for murder and order a new trial or to substitute a verdict of manslaughter for the verdict of murder found by the jury and to pass an appropriate sentence for that offence. [2003] UKHL 10

11.  Shamoon (Appellant) v. Chief Constable of the Royal Ulster Constabulary (Respondent) (Northern Ireland)—It was moved by the Lord Nicholls of Birkenhead, That the 17th 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 in Northern Ireland of 3rd May 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 11

The House was adjourned during pleasure.

The House was resumed.

Private Business

12.  Nottingham City Council Bill [HL]—The bill was read a second time and committed to an Unopposed Bill Committee.

Public Business

13.  Liaison Committee—It was moved by the Chairman of Committees that the First Report from the Select Committee (HL Paper 57) be agreed to; the motion was agreed to.

14.  Licensing Bill [HL]—The bill was further considered on report; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; further consideration on report was adjourned after amendment 192.

The House was adjourned at eleven minutes past seven o’clock

till tomorrow, eleven o’clock.

MICHAEL DAVIES

  Cler: Parliamentor:

 
 
 
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Prepared: 28 february 2003