House of Lords
Session 2002 - 03
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Minutes and Order Papers

Minutes and Order Paper - Minutes of Proceedings




Die Lunae 27° Octobris 2003

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

PRAYERS were read by the Lord Bishop of Guildford.

Judicial Business

1.  Regina v. Bristol Magistrates’ Court and others (Respondents) ex parte Junttan Oy (Appellants) (Criminal Appeal from Her Majesty’s High Court of Justice)—Further to the Judgment of the House of 23rd October instant (61st Report from the Appellate Committee (Session 2002-03) [2003] UKHL 55), it was ordered that the appellants do pay to the respondents their costs in the Divisional Court of the Queen’s Bench Division of the High Court and before this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties.

2.  Masterman-Lister (FC) (Petitioner) v. Jewell and others (Respondents) and one other action—The petition of Martin Joseph Masterman Lister praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 3rd July).


3.  Instruments withdrawn—The following instruments, laid before the House on the dates shown, were withdrawn:

    1.  Draft Police (Complaints) (Informal Resolution) Regulations 2003; (15th October)

    2.  Draft Education (Amendment of the Curriculum Requirements for Fourth Key Stage) (England) Order 2003. (18th September)

4.  Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:

    National Insurance Fund—Government Actuary’s Quinquennial Review of the National Insurance Fund as at April 2000.    (6008)

5.  Statutory Instruments (Standing Order 71)—The following negative instruments, having been laid before the House on 24th October, were ordered to lie on the Table:

    1.  Income Support (General) (Standard Interest Rate Amendment) Regulations 2003, laid under the Social Security Contributions and Benefits Act 1992;  (2693)

    2.  Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003, laid under the Countryside and Rights of Way Act 2000;    (2713)

    3.  Transfer of Undertakings (Protection of Employment) (Transfer to OFCOM) Regulations 2003, laid under the Employment Relations Act 1999;    (2715)

    4.    (i)  Police Pensions (Amendment) (No.3) Regulations 2003—    (2716)

      (ii)  Police Pensions (Additional Voluntary Contributions) (Amendment) Regulations 2003—  (2717)

      laid under the Police Pensions Act 1976;

    5.  Burma (Sale, Supply and Export of Goods) (Penalties) (Amendment) Regulations 2003 laid under the European Communities Act 1972.    (2742)

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

    1.  Building (Amendment) Regulations 2003, laid under the Building Act 1984;  (2692)

    2.  Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003, laid under the Road Traffic Act 1988;  (2695)

    3.  School Staffing (England) (Amendment) Regulations 2003, laid under the Education Act 2002.  (2725)

7.  Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

    Report for 2002-03 of the National Endowment for Science, Technology and the Arts, laid under the National Lottery Act 1998.

Private Business

8.  Transas Group Bill—The Examiner’s certificate that no further standing order is applicable was ordered to lie on the Table.

9.  Transas Group Bill—It was reported by the Chairman of Committees, pursuant to Private Business Standing Order 91 (Special circumstances), that he had received the following report on the bill from the Lord Sainsbury of Turville, Parliamentary Under-Secretary of State for Science and Innovation: “I believe that the promoters of the Transas Group Bill have undertaken a full assessment of the compatibility of their proposals with the European Convention on Human Rights, and I see no need to dispute their conclusions, subject to the points below. Their conclusions rely on assumptions on two matters that lie outside the Bill, and which I am therefore unable to verify. First, it is assumed that the extinction of the UK companies combined by acts of the boards of the companies and the company secretary of Transas Limited will effect the transfer of the business (including both assets and liabilities) to Transas Limited in Ireland. Second, it is assumed, on the basis of advice given by the companies’ Irish lawyers, that all creditors’ rights presently enforceable against the companies in the UK will be equally enforceable in Ireland. I note, therefore, that the Bill, while not itself infringing the rights of creditors of the companies, could result in the infringement of those rights if other conditions not controlled by the provisions of the Bill are not met. It may prove to be the case, therefore, that creditors’ rights are less protected than they would be should the UK companies effect the transfer of assets through a more conventional route or through a winding-up procedure.”.

Public Business

10.  Taxation (Information) Bill [HL]—It was moved by the Lord Saatchi that the bill be committed to a Committee of the Whole House; the motion was agreed to.

11.  European Union (Accessions) Bill—The report was received; an amendment was moved and (by leave of the House) withdrawn.

12.  Extradition Bill—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; an amendment to an amendment was agreed to (see division list 1); then the original amendment, as amended, was agreed to; amendments were agreed to (see division lists 2 and 3); further consideration on report was adjourned.

13.  Health inequalities—The Lord Chan asked Her Majesty’s Government what progress has been made in “Tackling Health Inequalities”, in particular in the North West region of England; after debate, the question was answered by the Lord Warner.

14.  Extradition Bill—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; further consideration on report was adjourned after amendment 234.

The House was adjourned at six minutes past ten o’clock

till tomorrow, half-past two o’clock.


  Clerk of the Parliaments

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Prepared: 28 october 2003