House of Lords
Session 2002 - 03
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Minutes and Order Papers

Minutes and Order Paper - Minutes of Proceedings




Die Lunae 30° Junii 2003

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

PRAYERS were read by the Lord Bishop of Salisbury.

1.  Lord Boyce—Admiral Sir Michael Cecil Boyce, GCB, OBE, having been created Baron Boyce, of Pimlico in the City of Westminster, for life by Letters Patent dated 16th June 2003, was introduced between the Lord Sterling of Plaistow and the Lord Guthrie of Craigiebank, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

Judicial Business

2.  Regina v. London Borough of Bromley (Respondents) ex parte Barker (FC) (Appellant)—The 45th Report from the Appellate Committee was made and ordered to be printed (HL Paper 131). The report was agreed to and it was ordered that the following questions be referred to the Court of Justice of the European Communities for a preliminary ruling under Article 234 of the Treaty establishing the European Community: “(1) Is identification of “the decision of the competent authority or authorities which entitles the developer to proceed with the project” (article 1(2) of the Directive) exclusively a matter for the national court applying national law? (2) Does the Directive require an environmental impact assessment to be carried out if, following the grant of outline planning permission subject to conditions that reserved matters be approved, without an environmental impact assessment being carried out, it appears when approval of reserved matters is sought that the project may have significant effects on the environment by virtue inter alia of its nature, size or location (article 2(1) of the Directive)? (3) In circumstances where: (a) national planning law provides for the grant of outline planning permission at an initial stage of the planning process and requires consideration by the competent authority at that stage as to whether an environmental impact assessment is required for purposes of the Directive; and (b) the competent authority then determines that it is unnecessary to carry out an environmental impact assessment and grants outline planning permission subject to conditions reserving specified matters for later approval; and (c) that decision can then be challenged in the national courts, may national law, consistently with the Directive, preclude a competent authority from requiring that an environmental impact assessment be carried out at a later stage of the planning process?”; and that further consideration of the appeal be adjourned sine die.

3.  MPB Structures Limited (Appellants) v. Munro (Respondent) (Scotland)—The appeal of MPB Structures Limited was presented and it was ordered, notwithstanding Standing Order VI, that the statement and appendix thereto be lodged on or before 2nd October next.

4.  Regina v. Randall (Respondent) (On Appeal from the Court of Appeal (Criminal Division)—The appeal of the Crown Prosecution Service was presented and ordered to be prosecuted subject to the procedures applicable thereto.

5.  Regina v. Connor and another (Appellants) (On Appeal from the Court of Appeal (Criminal Division)—

6.  Regina v. Mirza (Appellant) (On Appeal from the Court of Appeal (Criminal Division)—

    (Conjoined Appeals)—

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

7.  Bakewell Management Limited (Respondents) v. Brandwood and others (Appellants)—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 28th July next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.


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

    1.  Fire Services—Our Fire and Rescue Service: Government Proposals;  (5808)

    2.  Sport—Government Response to the Report of the House of Commons Select Committee for Culture, Media and Sport: A London Olympic Bid for 2012.  (5867)

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

    1.  Crown Court (Amendment) (No. 3) Rules 2003, laid under the Supreme Court Act 1981;  (1664)

    2.  Race Relations Order (Seamen Recruited Abroad) Order (Northern Ireland) 2003, laid under the Northern Ireland Act 2000.  (—)

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

    1.  Annual Plan for 2003-04 of the Office of Fair Trading, laid under the Enterprise Act 2002;

    2.  Census 2001: Key Statistics for Wards in England and Wales, laid under the Census Act 1920;

    3.  Fourth Report for 2002-03 of the Parliamentary Commissioner for Administration: The Prudential Regulation of Equitable Life, laid under the Parliamentary Commissioner Act 1967;

    4.  Accounts for 2002-03 of the Duchy of Cornwall, laid under the Duchies of Lancaster and Cornwall (Accounts) Act 1883.

Select Committee Reports

11.  Science and Technology—The 3rd Report from the Select Committee, What on Earth? The threat to the science underpinning conservation: the Government Response and the Committee’s commentary, was made; it was ordered that the Report be printed. (HL Paper 130)

12.  Human Rights—The 14th Report from the Joint Committee, on the Work of the Northern Ireland Human Rights Commission, was made and ordered to be printed. (HL Paper 132)

Public Business

13.  Criminal Justice Bill—The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; an amendment was agreed to; the question that a clause stand part of the bill was disagreed to (see division list 1); the House was resumed.

14.  European Communities (Definition of Treaties) (Database Protection Agreement between the United Kingdom on behalf of the Isle of Man and the European Community) Order 2003—It was moved by the Lord Davies of Oldham that the draft Order laid before the House on 9th June be approved; after debate, the motion was agreed to.

15.  Food Supplements (England) Regulations 2003—It was moved by the Earl Howe to resolve, That this House regrets the limited nature of the lists of permitted nutrients contained in the Food Supplements Directive and calls upon Her Majesty’s Government to revoke the Regulations (S.I. 2003/1387), and (1) to negotiate with the European Union Commission an amendment to the Directive permitting individual member states to allow food supplements to be marketed which are recognised by the competent authority as safe and appropriately labelled; (2) to secure simplified requirements for the submission of dossiers to the Scientific Committee for Foods in respect of ingredients which have been omitted from the positive lists and which can demonstrate a long history of safe use; and (3) to ensure that maximum permitted levels of vitamins and minerals are based on sound science; after debate, the motion was agreed to (see division list 2).

16.  Criminal Justice Bill—The House again resolved itself into a Committee upon the bill; an amendment was moved and (by leave of the Committee) withdrawn; it was moved by the Countess of Mar that the House be resumed; the motion was disagreed to (see division list 3); the question that a clause stand part of the bill was agreed to (see division list 4); the House was resumed after clause 8 stood part.

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

till tomorrow, half-past two o’clock.


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Prepared: 1 july 2003