House of Lords Journal 231 (Session 1997-98)

Previous Next Monday 19 May 1997 The House met at half-past two o’clock. The following Lords Spiritual and Temporal were present: Irvine of Lairg, L. (Lord Chancellor) Ackner, L. Acton, L. Addington, L. Addison, V. Ailesbury, M. Ailsa, M. Alderdice, L. Alexander of Tunis, E. Allen of Abbeydale, L. Allenby of Megiddo, V. Alport, L. Ampthill, L. Anelay of St. Johns, B. Annan, L. Archer of Weston-Super-Mare, L. Ashbourne, L. Ashburton, L. Ashley of Stoke, L. Astor, V. Astor of Hever, L. Attlee, E. Avebury, L. Baldwin of Bewdley, E. Balfour of Inchrye, L. Barnett, L. Bath, M. Beaumont of Whitley, L. Beaverbrook, L. Belhaven and Stenton, L. Beloff, L. Belstead, L. Berkeley, L. Bethell, L. Page 34 1997-98 Volume 231 Biddulph, L. Birdwood, L. Blackstone, B. Blatch, B. Bledisloe, V. Blyth, L. Boardman, L. Borrie, L. Boston of Faversham, L. Bowness, L. Boyd-Carpenter, L. Brabazon of Tara, L. Brentford, V. Bridgeman, V. Bridges, L. Brightman, L. Brigstocke, B. Broadbridge, L. Brookeborough, V. Brooks of Tremorfa, L. Brougham and Vaux, L. Broughshane, L. Bruce of Donington, L. Bruntisfield, L. Buchan, E. Buckinghamshire, E. Burnham, L. Butterworth, L. Byford, B. Cadman, L. Caithness, E. Caldecote, V. Calverley, L. Campbell of Alloway, L. Campbell of Croy, L. Carlisle, E. Carmichael of Kelvingrove, L. Carnegy of Lour, B. Carnock, L. Carr of Hadley, L. Carter, L. Chadlington, L. Chalker of Wallasey, B. Chapple, L. Charteris of Amisfield, L. Chesham, L. Chorley, L. Clancarty, E. Clanwilliam, E. Clark of Kempston, L. Cledwyn of Penrhos, L. Clyde, L. Cobbold, L. Cockfield, L. Cocks of Hartcliffe, L. Coleraine, L. Colville of Culross, V. Colwyn, L. Constantine of Stanmore, L. Cooke of Islandreagh, L. Cooke of Thorndon, L. Cork and Orrery, E. Courtown, E. Cox, B. Craig of Radley, L. Craigavon, V. Craigmyle, L. Cranborne, V. Cranbrook, E. Crawshaw, L. Cross, V. Cuckney, L. Cumberlege, B. Currie of Marylebone, L. Dacre of Glanton, L. Dahrendorf, L. Darcy (de Knayth), B. David, B. Davidson, V. De Freyne, L. Dean of Beswick, L. Dean of Harptree, L. Dean of Thornton-le-Fylde, B. Denbigh, E. Denham, L. Denton of Wakefield, B. Dilhorne, V. Donaldson of Kingsbridge, L. Donaldson of Lymington, L. Donoughue, L. Dormand of Easington, L. Drogheda, E. Dundee, E. Eatwell, L. Eccles, V. Eccles of Moulton, B. Ellenborough, L. Elles, B. Elliott of Morpeth, L. Elton, L. Erne, E. Erroll, E. Ewing of Kirkford, L. Ezra, L. Falconer of Thoroton, L. Falkland, V. Farrington of Ribbleton, B. Ferrers, E. Fitt, L. Flather, B. Foley, L. Forbes, L. Fraser of Carmyllie, L. Freyberg, L. Gainford, L. Gainsborough, E. Gallacher, L. Gardner of Parkes, B. Geddes, L. Geraint, L. Gisborough, L. Gladwin of Clee, L. Gladwyn, L. Goschen, V. Gould of Potternewton, B. Graham of Edmonton, L. Gray, L. Gray of Contin, L. Greenway, L. Gregson, L. Grey, E. Gridley, L. Griffiths of Fforestfach, L. Hacking, L. Hailsham of Saint Marylebone, L. Halifax, E. Halsbury, E. Hamilton of Dalzell, L. Harding of Petherton, L. Hardwicke, E. Harlech, L. Harris of Greenwich, L. Haskel, L. Hawke, L. Hayhoe, L. Hayman, B. Hayter, L. Henley, L. Hereford, Bp. Hilton of Eggardon, B. Hogg, B. Holderness, L. Hollis of Heigham, B. HolmPatrick, L. Hooper, B. Hooson, L. Hope of Craighead, L. Howie of Troon, L. Hughes, L. Hussey of North Bradley, L. Hutchinson of Lullington, L. Hylton-Foster, B. Ilchester, E. Ironside, L. Jakobovits, L. Jay of Paddington, B. Jeffreys, L. Jellicoe, E. Jenkin of Roding, L. Jenkins of Hillhead, L. Jenkins of Putney, L. Johnston of Rockport, L. Judd, L. Kenilworth, L. Kennet, L. Kenyon, L. Kilbracken, L. Kilmarnock, L. Kimball, L. King of Wartnaby, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kintore, E. Kissin, L. Kitchener, E. Knights, L. Lane, L. Lane of Horsell, L. Lauderdale, E. Lawrence, L. Layton, L. Leicester, E. Leigh, L. Liverpool, E. Lloyd-George of Dwyfor, E. Lockwood, B. Long, V. Longford, E. Lovell-Davis, L. Lowry, L. Lucas, L. Lucas of Chilworth, L. Luke, L. Lyell, L. McCluskey, L. McColl of Dulwich, L. Page 35 1997-98 Volume 231 Back to top McConnell, L. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Mackie of Benshie, L. MacLehose of Beoch, L. Macleod of Borve, B. McNair, L. McNally, L. Macpherson of Drumochter, L. Mar and Kellie, E. Marlesford, L. Marsh, L. Mason of Barnsley, L. Massereene and Ferrard, V. Merlyn-Rees, L. Merrivale, L. Mersey, V. Meston, L. Miller of Hendon, B. Milner of Leeds, L. Milverton, L. Mishcon, L. Molloy, L. Monckton of Brenchley, V. Monk Bretton, L. Monkswell, L. Monson, L. Montagu of Beaulieu, L. Moore of Wolvercote, L. Moran, L. Morris of Castle Morris, L. Mottistone, L. Mountevans, L. Mountgarret, V. Mowbray and Stourton, L. Moynihan, L. Munster, E. Murton of Lindisfarne, L. Napier and Ettrick, L. Nathan, L. Nelson, E. Newall, L. Nickson, L. Nicol, B. Noel-Buxton, L. Norrie, L. Northesk, E. Northfield, L. O’Cathain, B. Ogmore, L. Onslow, E. Oppenheim-Barnes, B. Orr-Ewing, L. Owen, L. Oxfuird, V. Palmer, L. Park of Monmouth, B. Parkinson, L. Paul, L. Pearson of Rannoch, L. Pender, L. Perry of Walton, L. Peston, L. Peyton of Yeovil, L. Phillips of Ellesmere, L. Pilkington of Oxenford, L. Plant of Highfield, L. Platt of Writtle, B. Ponsonby of Shulbrede, L. Prys-Davies, L. Quinton, L. Quirk, L. Ramsay of Cartvale, B. Rankeillour, L. Rawlings, B. Rawlinson of Ewell, L. Rea, L. Reay, L. Redesdale, L. Rees, L. Rees-Mogg, L. Rennell, L. Renton, L. Renwick, L. Richard, L. Richardson, L. Rix, L. Robson of Kiddington, B. Rodgers of Quarry Bank, L. Rodney, L. Rotherwick, L. Runciman of Doxford, V. Russell, E. Ryder of Warsaw, B. Sainsbury, L. St. Davids, V. St. John of Bletso, L. St. John of Fawsley, L. Saltoun of Abernethy, Ly. Savile, L. Seccombe, B. Sefton of Garston, L. Selborne, E. Sewel, L. Shannon, E. Sharples, B. Shaughnessy, L. Shepherd, L. Simon, V. Simon of Glaisdale, L. Simon of Highbury, L. Skelmersdale, L. Skidelsky, L. Smith of Gilmorehill, B. Southwark, Bp. Spens, L. Stallard, L. Sterling of Plaistow, L. Stoddart of Swindon, L. Strabolgi, L. Strange, B. Strathcarron, L. Strathclyde, L. Strathcona and Mount Royal, L. Sudeley, L. Swansea, L. Swinfen, L. Symons of Vernham Dean, B. Taverne, L. Taylor of Blackburn, L. Taylor of Warwick, L. Temple of Stowe, E. Tenby, V. Terrington, L. Teviot, L. Teynham, L. Thomas of Gresford, L. Thomson of Monifieth, L. Thurlow, L. Thurso, V. Tope, L. Tordoff, L. Torrington, V. Trefgarne, L. Trenchard, V. Trumpington, B. Ullswater, V. Vivian, L. Waddington, L. Wade of Chorlton, L. Wakeham, L. Wallace of Saltaire, L. Walton of Detchant, L. Warnock, B. Waverley, V. Weidenfeld, L. Weir, V. Westbury, L. Whaddon, L. Wharton, B. Whitelaw, V. Whitty, L. Wigoder, L. Wilberforce, L. Wilcox, B. Williams of Elvel, L. Williams of Mostyn, L. Winchester, Bp. Winston, L. Wrenbury, L. Wright of Richmond, L. Wyatt of Weeford, L. PRAYERS were read by the Lord Bishop of Hereford. 1. Lord Simon of Highbury—Sir David Alec Gwyn Simon, Knight CBE, having been created Baron Simon of Highbury, of Canonbury, in the London Borough of Islington, for life by Letters Patent dated in the forenoon of 16th May 1997 (see appendix), was introduced between the Lord Ashburton and the Lord Haskel, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. 2. Oaths and affirmations—The Lords following took and subscribed the oath, or made and subscribed the solemn affirmation, pursuant to statute: James Gordon Lord Macpherson of Drumochter Page 36 1997-98 Volume 231 Back to top Geoffrey Dawson Lord Lane Michael Canning William John Earl of Kintore Peter Hewett Lord Broadbridge John Herbert Lord McCluskey Elizabeth Margaret Baroness Smith of Gilmorehill Malcolm Harry Earl of Buchan David William Anthony Blyth Lord Strathcarron Victor Alexander Lord Cooke of Islandreagh Charles Edward Peter Neil Earl of Halifax William Donald Lord Northfield Henry George Victor John Earl Erne (Lord Fermanagh) Michael William Copplestone Dillon Earl of Onslow David George Staveley Viscount Marchwood Jeffrey Maurice Lord Sterling of Plaistow Cecil Edward Lord Parkinson Maurice Lord Saatchi Walter Garrison Viscount Runciman of Doxford 3. Lord Gridley—Richard David Arnold Lord Gridley sat first in Parliament after the death of his father, Arnold Hudson Lord Gridley, having first taken and subscribed the oath pursuant to statute. 4. Oath—Anthony Meredith Lord Quinton took and subscribed the oath pursuant to statute. Judicial Business 5. Promet Engineering (Singapore) Limited (formerly Self-Elevating Platform Management Pte Limited) (Respondents) v. Sturge (Sued on his own behalf and on behalf of all Underwriters subscribing to Lloyd’s Policy no. R05540F, LPSO No. 55036 dated 25th December 1986) and others (Petitioners) (lodged 21st April)—The petition of Nicholas Collwyn Sturge praying for leave to appeal was presented and referred to an Appeal Committee. 6. A/S D/S Svenborg and others (Respondents) v. Wansa (trading as Melbourne Enterprises) (Petitioner) and one other action (lodged 15th May)—The petition of Mohamed Kamal Wansa praying for leave to appeal was presented and referred to an Appeal Committee. 7. Laceys Footwear (Wholesale) Limited (Respondents) v. Bowler International Freight Limited (Petitioners) and others—The petition of Bowler International Freight Limited praying for leave to appeal was presented and referred to an Appeal Committee. 8. Regina v. Selby District Council and others (Respondents) ex parte Oxton Farms and others (Petitioners)—The petition of Oxton Farms and Samuel Smith Old Brewery (Tadcaster) praying for leave to appeal was presented and referred to an Appeal Committee. 9. In re Abdulla (Petitioner)—The petition of Fouad Abbas Abdullah praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee. 10. Clydesdale Bank plc (Respondents) v. Davidson (A.P.) (Appellant) and others (First appeal) (Scotland)— 11. Clydesdale Bank plc (Respondents) v. Davidson (A.P.) (Appellant) and others (Second appeal) (Scotland)— (Consolidated appeals)— The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 2nd July next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed. 12. Appeal Committee—The following Order was made pursuant to the Third Report of the Appeal Committee appointed during the dissolution of Parliament— Stern (Respondent) v. Piper and others (Petitioners)—That leave to appeal be given, and that the petition of appeal be lodged by 2nd June next. 13. Appeal Committee—The following Order was made pursuant to the Fourth Report of the Appeal Committee appointed during the dissolution of Parliament— Commissioners of Customs and Excise (Respondents) v. Thorn Materials Supply Limited and Thorn Resources Limited (Petitioners)—That leave to appeal be given, and that the petition of appeal be lodged by 2nd June next. Page 37 1997-98 Volume 231       Back to top 14. Appeal Committee—The following Order was made pursuant to the Fifth Report of the Appeal Committee appointed during the dissolution of Parliament— City Council of Bristol (Petitioners) v. Lovell (Respondent)—That leave to appeal be given, and that the petition of appeal be lodged by 2nd June next. 15. Appeal Committee—The following Order was made pursuant to the Sixth Report of the Appeal Committee appointed during the dissolution of Parliament— Boddington (Petitioner) v. British Transport Police (Respondents)—That leave to appeal be given, and that the petition of appeal be lodged forthwith. 16. Appeal Committee—The First Report from the Appeal Committee was agreed to and the following Order was made— Regina v. Director General of Electricity Supply (Petitioner) ex parte Scottish Power plc (Respondents)—That the respondents be be invited to lodge objections by 2nd June next. 17. Appeal Committee—The Second Report from the Appeal Committee was agreed to and the following Orders were made— Regina v. Mayor etc. of the London Borough of Southwark (Respondents) ex parte Cordwell and another (Petitioners)—That leave to appeal be refused. Georgiou (A.P.) and another (trading as Marios Chippery) (Petitioners) v. Commissioners of Customs and Excise (Respondents)—That leave to appeal be refused; that the costs of the petitioners be taxed in accordance with the Legal Aid Act 1988; and 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. Commissioners of Customs and Excise (Petitioners) v. Marchday Holdings Limited (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. Hughes and others (Petitioners) v. Hannover Ruckversicherungs-Aktiengesellschaft (Respondents)—That the respondents be be invited to lodge objections by 2nd June next. McKay (Respondent) v. Legal Aid Board (Petitioners)—That leave to appeal be refused. Regina v. Buckinghamshire County Council (Respondents) ex parte Milton Keynes Borough Council (Petitioners)—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. 18. Appeal Committee—The Third Report from the Appeal Committee was agreed to and the following Order was made— In re S (a minor) (1997)—That the respondents be be invited to lodge objections by 2nd June next. Papers 19. Command Papers—The following papers, having been presented to the House by command of Her Majesty on 16th May, were ordered to lie on the Table: 1. Economic Co-operation and Development—Amendments to the Agreement Establishing the Inter-American Development Bank, the Regulations of the Board of Governors and The General Rules Governing Admission of Non-Regional Countries to Membership in the Bank;   (3652) 2. Law of the Sea—Agreements on Maritime Delimitation between the United Kingdom and France concerning— (i) Montserrat and Guadaloupe; (3653) (ii) Anguilla, on the one hand, and Saint Martin and Saint Barthelemy, on the other. (3654) 20. Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table: Public Order (Prescribed Form) Regulations (Northern Ireland) 1997, laid under the Public Order (Northern Ireland) Order 1987. (—) 21. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: 1. Accounts for the year ended 30th September 1995 of the House of Commons Members’ Fund, laid under the House of Commons Members’ Fund Act 1939; 2. Report and Financial Statements for 1996 of Channel 4 Television Corporation, laid under the Broadcasting Act 1990; Page 38 1997-98 Volume 231 Back to top 3. Report for April 1993–March 1996 of the Natural History Museum, laid under the British Museum Act 1963; 4. List of Exceptional Awards made between April 1995 and March 1996 by the War Pension Agency, laid under the Order in Council of 19th December 1881. Public Business 22. Geneva Conventions (Amendment) Bill [HL]—A bill to amend the Geneva Conventions Act 1957 to enable criminal proceedings to be taken in the United Kingdom for breach of article 3 of the Conventions, was presented by the Lord Avebury, read a first time and ordered to be printed. (HL Bill 3) 23. Pharmacists Bill [HL]—A bill to make provision for the immediate suspension from the register of registered pharmaceutical chemists in cases where a direction is made under section 8(1)(ii) of the Pharmacy Act 1954, was presented by the Baroness Flather, read a first time and ordered to be printed. (HL Bill 4) 24. Examiner of Petitions for Private Bills—It was moved by the Chairman of Committees that, pursuant to Private Business Standing Order 69, Mr. W. A. Proctor be appointed an Examiner of Petitions for Private Bills in place of Mr. R. J. Willoughby; the motion was agreed to. 25. City of Westminster Bill [HL]— 26. Girobank plc (Transfer) Bill [HL]— 27. Hailsham Cattle Market Bill [HL]— 28. Lloyds TSB Bill [HL]— 29. London Local Authorities Bill [HL]— It was moved by the Chairman of Committees that the promoters of the bills which originated in this House in the last Parliament but had not received the Royal Assent shall notwithstanding anything in the Standing Orders or practice of this House have leave to introduce the said bills in the present session and the petitions for the bills shall be deemed to have been deposited and all Standing Orders applicable thereto shall be deemed to have been complied with; That every such bill shall be deposited in the Office of the Clerk of the Parliaments not later than 3 o’clock on Wednesday 21st May next with a declaration annexed thereto signed by the agent concerned, stating that the bill is the same in every respect as the bill at the last stage of the proceedings thereon in this House in the last Parliament; That the proceedings on such bills shall in the present session of Parliament be pro forma only, in regard to every stage through which the same shall have passed in the last Parliament, and that no new fees be charged to such stages; the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith. 30. The Queen’s Speech—The debate on the motion that an Humble Address be presented to Her Majesty was resumed and, after further debate, was again adjourned till tomorrow. The House was adjourned at eight minutes before eleven o’clock till tomorrow, half-past two o’clock. APPENDIX ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion in pursuance of the Life Peerages Act 1958 and of all other powers in that behalf Us enabling do by these Presents advance create and prefer Our trusty and well beloved Sir David Alec Gwyn Simon Knight: Commander of Our Most Excellent Order of the British Empire to the state degree style dignity title and honour of Baron Simon of Highbury of Canonbury in Our London Borough of Islington And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Baron Simon of Highbury to have and to hold unto him for his life Willing and by these Presents granting for Us Our heirs and successors that he may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that he may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster in the forenoon of the sixteenth day of May in the forty-sixth year of Our Reign BY WARRANT UNDER THE QUEEN’S SIGN MANUAL