House of Lords Journal 231 (Session 1997-98) |
Lords Journals Contents Index Alphabetical list of Lords Minutes and Order Papers |
Wednesday 21 May 1997 The House met at ten o’clock. The following Lords Spiritual and Temporal were present: Irvine of Lairg, L.
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Flather, B. Foley, L. Forteviot, L. Fraser of Carmyllie, L. Freyberg, L. Gainford, L. Gainsborough, E. Gallacher, L. Gardner of Parkes, B. Geddes, L. Geraint, L. Gifford, L. Gilbert, L. Gillmore of Thamesfield, L. Gisborough, L. Gladwin of Clee, L. Gladwyn, L. Glenamara, L. Glenarthur, L. Goff of Chieveley, L. Goschen, V. Gould of Potternewton, B. Graham of Edmonton, L. Granville of Eye, L. Gray of Contin, L. Greenway, L. Gregson, L. Grenfell, L. Grey, E. Grimston of Westbury, L. Hacking, L. Halsbury, E. Hardie, L. Harding of Petherton, L. Hardinge of Penshurst, L. Harmar-Nicholls, L. Harmsworth, L. Harris of Greenwich, L. Harris of High Cross, L. Harrowby, E. Haskel, L. Hayhoe, L. Hayman, B. Hayter, L. Healey, L. Hemphill, L. Henderson of Brompton, L. Henley, L. Hereford, Bp. Hoffmann, L. Holderness, L. Hollis of Heigham, B. HolmPatrick, L. Home, E. Hooson, L. Hope of Craighead, L. Hothfield, L. Howe, E. Howie of Troon, L. Hughes, L. Hussey of North Bradley, L. Hutton, L. Hylton-Foster, B. Ilchester, E. Inchcape, E. Ingleby, V. Inglewood, L. Ironside, L. Jauncey of Tullichettle, L. |
Jay of Paddington, B. Jeger, B. Jenkin of Roding, L. Jenkins of Hillhead, L. Jenkins of Putney, L. Johnston of Rockport, L. Judd, L. Kenilworth, L. Kennet, L. Kilbracken, L. Kilmarnock, L. Kimball, L. Kings Norton, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kintore, E. Kirkhill, L. Lane of Horsell, L. Lauderdale, E. Lawrence, L. Lawson of Blaby, L. Layton, L. Leicester, E. Leigh, L. Lester of Herne Hill, L. Lindsay, E. Lindsey and Abingdon, E. Liverpool, E. Lloyd-George of Dwyfor, E. Lockwood, B. Longford, E. Lovell-Davis, L. Lowry, L. Lucas, L. Lucas of Chilworth, L. Luke, L. Lyell, L. McAlpine of West Green, L. McCarthy, L. Macclesfield, E. McCluskey, L. McColl of Dulwich, L. McConnell, L. McFarlane of Llandaff, B. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Mackie of Benshie, L. Macleod of Borve, B. McNair, L. Malmesbury, E. Mar and Kellie, E. Marlesford, L. Marsh, L. Masham of Ilton, B. Mason of Barnsley, L. Massereene and Ferrard, V. Merlyn-Rees, L. Mersey, V. Meston, L. Middleton, L. Miller of Hendon, B. Milner of Leeds, L. Milverton, L. Mishcon, L. Molloy, L. Monkswell, L. Monson, L. |
Montagu of Beaulieu, L. Monteagle of Brandon, L. Moran, L. Morris of Castle Morris, L. Mottistone, L. Mountevans, L. Mowbray and Stourton, L. Moyne, L. Moynihan, L. Munster, E. Murray of Epping Forest, L. Mustill, L. Napier and Ettrick, L. Nelson, E. Newall, L. Nicholls of Birkenhead, L. Nicol, B. Norfolk, D. Norrie, L. Northbourne, L. Northesk, E. Northfield, L. O’Cathain, B. Oppenheim-Barnes, B. Oxfuird, V. Palmer, L. Park of Monmouth, B. Parkinson, L. Parry, L. Paul, L. Pearson of Rannoch, L. Peel, E. Pender, L. Perry of Southwark, B. Perry of Walton, L. Perth, E. Peston, L. Peyton of Yeovil, L. Phillips of Ellesmere, L. Pilkington of Oxenford, L. Plummer of St. Marylebone, L. Poole, L. Prys-Davies, L. Pym, L. Quirk, L. Radnor, E. Ramsay of Cartvale, B. Rankeillour, L. Rawlings, B. Rea, L. Redesdale, L. Rees, L. Renfrew of Kaimsthorn, L. Rennell, L. Renton, L. Renwick, L. Richard, L. Richardson, L. Ridley, V. Ripon, Bp. Rix, L. Robertson of Oakridge, L. Rochester, L. Rodgers of Quarry Bank, L. Roll of Ipsden, L. Rothermere, V. Sainsbury, L. Saint Albans, D. St. John of Bletso, L. St. John of Fawsley, L. |
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Saltoun of Abernethy, Ly. Sanderson of Bowden, L. Sandhurst, L. Sandwich, E. Seccombe, B. Sefton of Garston, L. Selborne, E. Serota, B. Sewel, L. Shannon, E. Sharples, B. Shaughnessy, L. Shaw of Northstead, L. Shepherd, L. Simon, V. Simon of Glaisdale, L. Skelmersdale, L. Skidelsky, L. Slynn of Hadley, L. Smith, L. Smith of Gilmorehill, B. Soulsby of Swaffham Prior, L. Spens, L. Stallard, L. Stevens of Ludgate, L. Stewartby, L. |
Steyn, L. Stodart of Leaston, L. Stoddart of Swindon, L. Strabolgi, L. Strathalmond, 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. Tenby, V. Terrington, L. Teviot, L. Teynham, L. Thatcher, B. Thomas of Gwydir, L. Thurlow, L. Thurso, V. Tope, L. Trefgarne, L. Trenchard, V. Trumpington, B. |
Tryon, L. Tugendhat, L. Ullswater, V. Vinson, L. Vivian, L. Waddington, L. Wade of Chorlton, L. Wakeham, L. Wallace of Saltaire, L. Walpole, L. Warnock, B. Waverley, V. Weatherill, L. Wedderburn of Charlton, L. Westbury, L. Whitty, L. Wigoder, L. Wilberforce, L. Wilcox, B. Williams of Elvel, L. Williams of Mostyn, L. Wilson of Tillyorn, L. Winchilsea and Nottingham, E. Winston, L. Woolton, E. Wyatt of Weeford, L. |
PRAYERS were read by the Lord Bishop of Hereford.
| 1. | Oath—Charles Eliot Lord Jauncey of Tullichettle took and subscribed the oath pursuant to statute. |
Judicial Business
| 2. | Cockburn (A.P.) (Appellant) v. Chief Adjudication Officer and another (Respondents)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 26th June 1996 be affirmed and the appeal dismissed; and that there be no order as to costs save that the costs of the Appellant be taxed in accordance with the Legal Aid Act 1988. |
| 3. | Secretary of State for Social Security (Appellant) v. Fairey (aka Halliday) (A.P.) (Respondent)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 15th June 1995 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the Respondent be taxed in accordance with the Legal Aid Act 1988. |
| 4. | Mannai Investment Company Limited (Appellants) v. Eagle Star Life Assurance Company Limited (Respondents)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 5th July 1995 be set aside and the Order of Judge Rich of 16th November 1994 be restored save for the words “the last moment of 12th January 1996 being the first moment of”; and that the Respondents do pay to the Appellants their costs 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. |
| 5. | Co-operative Insurance Society Limited (Respondents) v. Argyll Stores (Holdings) Limited (Appellants)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 21st December 1995 be set aside and the Order of Judge Maddocks of 10th August 1995 be restored; and that the Respondents do pay to the Appellants their costs 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. |
| 6. | Regina v. Wicks (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal (Criminal Division) of 11th April 1995 be affirmed and the appeal dismissed; and that the first and second questions certified by that court on 3rd May 1995 be answered in the negative and that, consequently, no answer be given to the third question. |
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| 7. | Regina v. Secretary of State for the Home Department (Appellant) ex parte Launder (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—The Cause was considered; it was ordered and adjudged that the Order of the Divisional Court of 6th August 1996 be set aside save as to costs; that the Respondent’s application for Judicial Review be dismissed and the warrant ordering the Respondent’s return to Hong Kong and the decisions of the Secretary of State of 31st July and 21st December 1995 be restored; and that there be no order as to costs. |
| 8. | Baker (suing on his own behalf and on behalf of other members of Syndicate 947 at Lloyd’s since 1957) (Original Appellant and Cross-Respondent) v. Black Sea & Baltic General Insurance Company Limited (Original Respondents and Cross-Appellants)—The petition of Equitas Reinsurance Limited was presented praying that they might be heard or otherwise intervene in the said appeal (the agents for the appellants consenting thereto and the respondents not consenting thereto), and was referred to an Appeal Committee. |
| 9. | Fletcher and others (Appellants) v. Midland Bank plc (Respondents)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order. |
The House was adjourned during pleasure.The House was resumed.
| 10. | Lord Gilbert—The Right Honourable John William Gilbert, having been created Baron Gilbert, of Dudley in the County of West Midlands, for life by Letters Patent dated 16th May 1997 (see appendix 1), was introduced between the Lord Carrington and the Lord Healey, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. |
| 11. | Lord Hardie—The Right Honourable Andrew Rutherford Hardie QC, having been created Baron Hardie, of Blackford in the City of Edinburgh, for life by Letters Patent dated 21st May 1997 (see appendix 2), was introduced between the Lord McCluskey and the Lord Sewell, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. |
| 12. | Oaths and affirmations—The Lords following took and subscribed the oath, or made and subscribed the solemn affirmation, pursuant to statute: |
Margaret Hilda Baroness Thatcher
Robert Henry Alexander Lord Eames
Robert William Lord Dixon-Smith
Anthony George Merrick Lord Tryon
Gerald Lord Monteagle of Brandon
Simon Frederick Earl of Woolton
Asa Lord Briggs
Henry George Reginald Molyneux Earl of Carnarvon
Alastair George Viscount Chilston
Martin Raymond Viscount Ingleby
Henry Allen John Earl Bathurst
| 13. | Leave of Absence—Leave of Absence was granted to the Lord Chancellor for 22nd May. |
Papers
| 14. | Instruments withdrawn—The following Instruments, laid before the House on the dates shown, were withdrawn: |
| 1. | Draft Housing (Northern Ireland) Order 1996 (24th October 1996); |
| 2. | Draft Contracting Out (Functions of Local Authorities in relation to Income-Related Benefits) Order 1997 (28th February 1997); |
| 3. | Criminal Procedure and Investigations Act 1996 (Code of Practice) (No. 1) Order 1997 (3rd March 1997). |
| 15. | Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table: |
| 1. | Double Taxation—Convention between the United Kingdom and Bolivia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and Capital; |
| (3656) |
| 2. | Customs and Excise—Protocol on the interpretation by the Court of Justice of the European Communities of the Convention on the Use of Information Technology for Customs Purposes; |
| (3657) |
| 3. | Banking—Report and Accounts for 1997 of the Bank of England. |
| (—) |
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| 16. | Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table: |
Draft Army, Air Force and Naval Discipline Acts (Continuation) Order 1997.
| 17. | Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: |
| (i) | Statute made by Magdalene College, Cambridge on 29th November 1996— | (—) |
| (ii) | Statute made by Saint John Baptist College, Oxford on 8th November 1996— | (—) |
| laid under the Universities of Oxford and Cambridge Act 1923. |
| 18. | Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: |
| 1. | Banking Act Report for 1996–97, laid under the Banking Act 1987; |
| 2. (i) | Regulations for the Royal Naval Reserve— |
| (ii) | Regulations for the Royal Marines Reserve— |
| laid under the Reserve Forces Act 1996; |
| 3. | Report for 1996 of the Scottish Legal Services Ombudsman, laid under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; |
| 4. | Statements of guarantee given by the Secretary of State for Health on loans proposed to be raised by— |
| (i) | Brighton Healthcare NHS Trust— |
| (ii) | United Bristol Healthcare NHS Trust— |
| (iii) | Plymouth Community Services NHS Trust— |
| (iv) | James Paget Hospital NHS Trust— |
| (v) | Epsom Healthcare NHS Trust— |
| (vi) | Isle of Wight Healthcare NHS Trust— |
| (vii) | St. Peter’s Hospital NHS Trust— |
| (viii) | Queen Mary’s Sidcup NHS Trust— |
| (ix) | Wiltshire Health Care NHS Trust— |
| (x) | Ashford Hospital NHS Trust— |
| (xi) | Royal Surrey County Hospital NHS Trust— |
| (xii) | St. James and Seacroft University Hospitals NHS Trust— |
| (xiii) | Heatherwood and Wexham Park Hospital NHS Trust— |
| (xiv) | North Tees Health NHS Trust— |
| (xv) | Royal Liverpool and Broadgreen University Hospitals NHS Trust— |
| laid under the National Health Service and Community Care Act 1990; |
| 5. | Report for 1996 of the Charity Commission for England and Wales, laid under the Charities Act 1993; |
| 6. | Report for the year ending 30th September 1996 of the Commonwealth Scholarship Commission in the United Kingdom, laid under the Overseas Development and Co-operation Act 1980. |
Private Business
| 19. | City of Westminster Bill [HL]— |
| 20. | Girobank plc (Transfer) Bill [HL]— |
The Chairman of Committees acquainted the House that pursuant to the resolution of 19th May last the bills had been deposited in the Office of the Clerk of the Parliaments together with the declarations of the agents; the bills were presented, read a first time, read a second time pro forma and committed to an Unopposed Bill Committee.
| 21. | Hailsham Cattle Market Bill [hl]—The Chairman of Committees acquainted the House that pursuant to the resolution of 19th May last the bill had been deposited in the Office of the Clerk of the Parliaments together with the declaration of the agent; the bill was presented and read a first time pro forma. |
| 22. | Lloyds TSB Bill [hl]—The Chairman of Committees acquainted the House that pursuant to the resolution of 19th May last the bill had been deposited in the Office of the Clerk of the Parliaments together with the declaration of the agent; the bill was presented, read a first time, read a second time pro forma and referred to the Examiners. |
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| 23. | London Local Authorities Bill [hl]—The Chairman of Committees acquainted the House that pursuant to the resolution of 19th May last the bill had been deposited in the Office of the Clerk of the Parliaments together with the declaration of the agent; the bill was presented, read a first time, read a second time pro forma and committed to a Select Committee. |
Public Business
| 24. | Committee of Selection—It was moved by the Chairman of Committees that in accordance with Standing Order 61 a Committee of Selection be appointed to select and propose to the House the names of the Lords to form each select committee of the House (except the Committee of Selection itself and any committee otherwise provided for by statute or by order of the House) or any other body, not being a select committee, and the panel of Deputy Chairmen of Committees; and that the following Lords together with the Chairman of Committees be named of the Committee: |
V. Allenby of Megiddo
L. Carter
L. Chesham
V. Cranborne
L. Harris of Greenwich
L. Jenkins of Hillhead
L. McIntosh of Haringey
L. Richard (L. Privy Seal)
L. Strathclyde
L. Weatherill;
and that the Committee do meet at noon on Thursday 22nd May in the Moses Room;
the motion was agreed to.
| 25. | Statutory Intruments—The minutes of proceedings of the Joint Committee for Session 1996–97 were ordered to be printed. (HL Paper 2) |
| 26. | The Queens Speech—The debate was resumed on the motion that an Humble Address be presented to Her Majesty as follows: |
| “Most Gracious Sovereign, |
| We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament.”; |
| after further debate, the motion was agreed to nemine dissentiente and it was ordered that the Address be presented to Her Majesty by the Lords with White Staves. |
The House was adjourned at twenty minutes past ten o’clock
till tomorrow, eleven o’clock.
APPENDIX 1
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 right trusty and well beloved Counsellor John William Gilbert to the state degree style dignity title and honour of Baron Gilbert of Dudley in Our County of West Midlands
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 Gilbert 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 afternoon of the sixteenth day of May in the forty-sixth year of Our Reign
BY WARRANT UNDER THE QUEEN’S SIGN MANUAL
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APPENDIX 2
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 right trusty and well beloved Counsellor Andrew Rutherford Hardie one of Our Counsel learned in the Law to the state degree style dignity title and honour of Baron Hardie of Blackford in Our City of Edinburgh
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 Hardie 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 the twenty-first day of May in the forty-sixth year of Our Reign
BY WARRANT UNDER THE QUEEN’S SIGN MANUAL