JOURNALS HOUSE OF LORDS - United Kingdom Parliament

2004 16th December
73
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soulsby of SwaVham Prior, L.
Southwark, Bp.
Southwell, Bp.
Stevens of Ludgate, L.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taylor of Blackburn, L.
Temple-Morris, L.
Tenby, V.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
TordoV, L.
Trefgarne, L.
Trenchard, V.
Triesman, L.
Trumpington, B.
Truscott, L.
TunnicliVe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Waddington, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walton of Detchant, L.
Warnock, B.
Weatherill, L.
Whitaker, B.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Willoughby de Broke, L.
Windlesham, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young of Hornsey, B.
Young of Norwood Green, L.
PRAYERS were read by the Lord Bishop of Chester.
Judicial Business
1. A (FC) and others (Appellants) v. Secretary of State for the Home Department (Respondent)—
2. X (FC) and another (FC) (Appellants) v. Secretary of State for the Home Department
(Respondent)—
It was moved by the Lord Bingham of Cornhill, That the 8th Report from the Appellate
Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the two
Orders of the Court of Appeal of 25th October 2002 be set aside except insofar as they provide
for detailed assessment of the appellants’ Legal Service Commission costs; that the Order of
the Special Immigration Appeals Commission of 30th July 2002 be restored except for costs
and amended in accordance with the declaration of this House; that there be a quashing order
in respect of the Human Rights Act 1998 (Designated Derogation) Order 2001 (SI 2001 No.
3644); that it be declared under section 4 of the Human Rights Act 1998 that: “Section 23 of
the Anti-terrorism, Crime and Security Act 2001 is incompatible with Articles 5 and 14 of the
European Convention for the Protection of Human Rights and Fundamental Freedoms
insofar as it is disproportionate and permits detention of suspected international terrorists in
a way that discriminates on the ground of nationality or immigration status”; that the
Secretary of State for the Home Department do pay to the appellants in both appeals their
costs before the Special Immigration Appeals Commission, in the Court of Appeal and in this
House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments
if not agreed between the parties; and that the costs of the appellants in this House be taxed
in accordance with the Access to Justice Act 1999, such costs to include a certificate for two
leading counsel and one junior counsel. [2004] UKHL 56
3. R (on the application of Jones and others) (Respondents) v. Ceredigion County Council
(Appellants) (Civil Appeal from Her Majesty’s High Court of Justice)—The appeal was set
down for hearing and referred to an Appellate Committee.
4. Burton (Her Majesty’s Collector of Taxes) (Respondent) v. Mellham Limited (Appellants)—The
petition of the appellants, praying that the appeal be restored and for leave to give security for
costs notwithstanding that the time limited by Standing Order V has expired (the agents for
the respondent consenting thereto), was presented; and it was ordered as prayed.
5. Massey and another (Appellants) v. Boulden and another (Respondents)—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 31st January 2005 (the agents for the respondents
consenting thereto) was presented; and it was ordered as prayed.
6. Appeal Committee—The 12th Report from the Appeal Committee was agreed to and the following
Orders were made—
R (on the application of Fisher and others) (Petitioners) v. English Nature (Respondents)—
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.
Codona (FC) (Petitioner) v. Mid Bedfordshire District Council (Respondents)—That leave to
appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to
Justice Act 1999; 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.