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House of Lords
Session 2004 - 05
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Minutes and Order Papers

Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Wednesday 1st December 2004

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

PRAYERS were read by the Lord Bishop of Manchester.

1.  Barony of Abinger in the Peerage of the United Kingdom—The Petition of James Harry Scarlett claiming to have succeeded to the Barony of Abinger in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the Lord Abinger on his register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor to consider and report upon to the House pursuant to Standing Order 11.

2.  Viscountcy of Oxfuird in the Peerage of Scotland—The Lord Chancellor reported that Ian Alexander Arthur Mackgill had established his succession to the Viscountcy of Oxfuird. The Clerk of the Parliaments was accordingly directed to enter the 14th Viscount of Oxfuird on the register of hereditary peers maintained under Standing Order 10(5).

Judicial Business

3.  Regina v. Smith (Appellant) (2004) (No. 2) (On Appeal from the Court of Appeal (Criminal Division))—The appeal was set down for hearing and referred to an Appellate Committee.

4.  Autologic Holdings plc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (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 13th January 2005 (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

5.  BNP Paribas UK Holdings Limited and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (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 13th January 2005 (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

6.  The Future Network plc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (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 13th January 2005 (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

7.  Perkins Engines Company Limited and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (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 13th January 2005 (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

8.  HJ Heinz Company Inc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (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 13th January 2005 (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

9.  British Telecommunications plc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (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 13th January 2005 (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

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

    Serco Limited (Respondents) v. Lawson (Appellant)—That the petition of the Foreign and Commonwealth Office that they might be heard or otherwise intervene in the said appeal be allowed.

    AE (FC) and another (Appellants) v. Secretary of State for the Home Department (Respondent)—That the petition of the Office of the United Nations High Commissioner for Refugees that they might be heard or otherwise intervene in the said appeal be allowed.

11.  Appeal Committee—The 6th Report from the Appeal Committee was agreed to and the following Orders were made—

    Mahajan (Petitioner) v. Department for Constitutional Affairs (Respondents)—That leave to appeal be refused.

    R (on the application of Mahajan) (Applicant) v. Central London County Court (Respondents) (First application)—That leave to appeal be refused.

    R (on the application of Mahajan) (Applicant) v. Central London County Court (Respondents) (Second application)—That leave to appeal be refused.

    R (on the application of Mahajan) (Applicant) v. Central London County Court (Respondents) (Third application)—That leave to appeal be refused.

    R (on the application of Mahajan) (Applicant) v. Central London County Court (Respondents) (Fourth application)—That the petition be dismissed as inadmissible.

    Kosky Seal & Co (Respondents) v. Mahajan (Applicant)—That the petition be dismissed as inadmissible.

Papers

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

    1.  Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2004, laid under the Food Safety Act 1990;    (3113)

    2.  Private Security Industry Act 2001 (Repeal and Revocation) Order 2004, laid under the Private Security Industry Act 2001.    (3145)

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

    1.  Accounts for 2003-04 of the following Education Action Zones, together with the Reports of the Comptroller and Auditor General;

      (i)  Easington and Seaham—

      (ii)  East Cleveland—

      (iii)  Great Yarmouth—

      (iv)  North Stockton—

      (v)  Peterlee—

      (vi)  South Bradford—

      (vii)  South East Sheffield—

      laid under the School Standards and Framework Act 1998;

    2.  Report and Accounts for 2003-04 of the Fire Authority for Northern Ireland, laid under the Northern Ireland Act 2000.

Select Committee Reports

14.  Human Rights—The following Reports from the Joint Committee were made and ordered to be printed:

    Protocol No. 14 to the European Convention on Human Rights, together with appendices. (First Report-HL Paper 8)

    Draft Criminal Justice Act 2003 (Categories of Offences) Order 2004, together with an appendix. (2nd Report-HL Paper 9)

Public Business

15.  Business of the House—It was moved by the Lord President (Baroness Amos) that the debates on the motions in the names of the Baroness Gardner of Parkes and the Lord Hanningfield set down for today shall each be limited to 2½ hours; the motion was agreed to

16.  Constitution Committee—It was moved by the Chairman of Committees that a Select Committee be appointed to examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of the constitution;

    That, as proposed by the Committee of Selection, the following Lords be named of the Committee:

L. Acton
V. Bledisloe
L. Carter
L. Elton
B. Gould of Potternewton
B. Hayman
L. Holme of Cheltenham (Chairman)
L. Lang of Monkton
L. MacGregor of Pulham Market
B. O’Cathain
E. Sandwich
L. Smith of Clifton;
That the Committee have power to appoint specialist advisers;

    That the Committee have power to adjourn from place to place;

    That the Committee have leave to report from time to time;

    That the minutes of evidence taken before the Constitution Committee in the last session of Parliament be referred to the Committee;

    That the minutes of evidence taken before the Committee from time to time shall, if the Committee think fit, be printed;

    the motion was agreed to.

17.  House Committee—It was moved by the Chairman of Committees that a Select Committee be appointed to supervise the general administration of the House and guide the work of the Management Board; to agree the annual Estimates, Supplementary Estimates and the three-year spending forecasts; to approve the House of Lords Annual Report; and to approve changes in employment policy;

    That, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee;

B. Amos (Lord President)
L. Barnett
L. Burlison
L. Hunt of Wirral
L. Lloyd of Berwick
L. McNally
L. Renfrew of Kaimsthorn
L. Sharman
L. Strathclyde
L. Williamson of Horton;
That the Committee have leave to report from time to time;

    That the Reports of the Select Committee from time to time shall be printed, notwithstanding any adjournment of the House;

    the motion was agreed to.

18.  Science and Technology—It was moved by the Chairman of Committees that a Select Committee be appointed to consider science and technology and that, as proposed by the Committee of Selection, the following Lords be named of the Select Committee:

L. Broers (Chairman)
B. Finlay of Llandaff
L. Mitchell
L. Patel
L. Paul
B. Perry of Southwark
B. Platt of Writtle
B. Sharp of Guildford
L. Soulsby of Swaffham Prior
L. Sutherland of Houndwood
L. Taverne
L. Turnberg
L. Winston
L. Young of Graffham;
That the Committee have power to appoint sub-committees and that the Committee have power to appoint the Chairmen of sub-committees;

    That the Committee have power to co-opt any Lord for the purposes of serving on the Committee or any sub-committee;

    That the Committee have leave to report from time to time;

    That the Committee and any sub-committee have power to adjourn from place to place;

    That the Committee and any sub-committee have power to appoint specialist advisers;

    That the minutes of evidence taken before the Science and Technology Committee or any sub-committee in the last session of Parliament be referred to the Committee;

    That the minutes of evidence taken before the Committee from time to time shall, if the Committee think fit, be printed;

    the motion was agreed to.

1.  19.  Deputy Chairmen of Committees—It was moved by the Chairman of Committees that, as proposed by the Committee of Selection, the following Lords be appointed as the panel of Lords to act as Deputy Chairmen of Committees for this session:

V. Allenby of Megiddo
L. Ampthill
L. Boston of Faversham
L. Brougham and Vaux
L. Carter
L. Cope of Berkeley
L. Elton
B. Fookes
L. Geddes
B. Gould of Potternewton
L. Grocott
L. Haskel
B. Hooper
B. Lockwood
L. Lyell
C. Mar
B. Pitkeathley
B. Ramsay of Cartvale
V. Simon
B. Thomas of Walliswood
L. Tordoff
B. Turner of Camden
V. Ullswater;
the motion was agreed to.

20.  Hospital-acquired infections (2½-hour debate)—It was moved by the Baroness Gardner of Parkes that there be laid before the House papers relating to Government health policies, with particular reference to initiatives designed to reduce hospital-acquired infections; after debate, the motion was (by leave of the House) withdrawn.

21.  Regional agencies and bodies (2½-hour debate)—It was moved by the Lord Hanningfield that there be laid before the House papers relating to the current status of the regional agencies and bodies, and to the case for returning their responsibilities to elected local government; after debate, the motion was (by leave of the House) withdrawn.

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

till tomorrow, a quarter before ten o’clock for judicial business,

eleven o’clock for public business.

PAUL HAYTER

  Clerk of the Parliaments

 
 
 
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© Parliamentary copyright 2004
Prepared: 2 december 2004