House of Lords Journal 231 (Session 1997-98) |
Lords Journals Contents Index Alphabetical list of Lords Minutes and Order Papers |
Monday 9 June 1997 The House met at half-past two o’clock. The following Lords Spiritual and Temporal were present: Irvine of Lairg, L.
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Dixon-Smith, L. Donaldson of Kingsbridge, L. Donegall, M. Donoughue, L. Dormand of Easington, L. Downshire, M. Dubs, L. Eatwell, L. Eden of Winton, L. Ellenborough, L. Elles, B. Elliott of Morpeth, L. Elton, L. Ely, M. Erroll, E. Ezra, L. Falconer of Thoroton, L. Falkender, B. Falkland, V. Farrington of Ribbleton, B. Fisher of Rednal, B. Fitt, L. Flather, B. Foley, L. Freyberg, L. Gainford, L. Gallacher, L. Geddes, L. Geraint, L. Gilbert, L. Glenamara, L. Glenarthur, L. Gormanston, V. Goschen, V. Gould of Potternewton, B. Graham of Edmonton, L. Grantchester, L. Gray, L. Gray of Contin, L. Greenway, L. Gregson, L. Grenfell, L. Grey, E. Griffiths of Fforestfach, L. Haig, E. Hailsham of Saint Marylebone, L. Halsbury, E. Hampden, V. Hankey, L. Hanworth, V. Hardie, L. Harding of Petherton, L. Harlech, L. Harmsworth, L. Harris of Greenwich, L. Harris of High Cross, L. Harrowby, E. Haskel, L. Hayhoe, L. Hayman, B. Hayter, L. Headfort, M. Henley, L. Hertford, M. Hill-Norton, L. Hilton of Eggardon, B. Holderness, L. Holme of Cheltenham, L. HolmPatrick, L. |
Hooper, B. Hooson, L. Howie of Troon, L. Hoyle, L. Hughes, L. Hussey of North Bradley, L. Hutchinson of Lullington, L. Hylton-Foster, B. Ilchester, E. Inchyra, L. Ironside, L. Jeffreys, L. Jeger, B. Jellicoe, E. Jenkin of Roding, L. Jenkins of Hillhead, L. Jenkins of Putney, L. Johnston of Rockport, L. Kenilworth, L. Kennet, L. Kilbracken, L. Kilmarnock, L. Kimball, L. Kingsdown, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kintore, E. Knollys, V. Lauderdale, E. Lawrence, L. Lawson of Blaby, L. Layton, L. Lestor of Eccles, B. Lincoln, Bp. Liverpool, E. Lockwood, B. Long, V. Longford, E. Lovell-Davis, L. Lowry, L. Lucas, L. Lucas of Chilworth, L. Luke, L. Lyell, L. McColl of Dulwich, L. McConnell, L. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Mackie of Benshie, L. McNair, L. McNally, L. Malmesbury, E. Mar, C. Marsh, L. Masham of Ilton, B. Mason of Barnsley, L. Massereene and Ferrard, V. Melville, V. Merlyn-Rees, L. Merrivale, L. Mersey, V. Meston, L. Miller of Hendon, B. Milverton, L. Mishcon, L. Monk Bretton, L. Monkswell, L. |
Monson, L. Montagu of Beaulieu, L. Moore of Wolvercote, L. Moran, L. Morris of Castle Morris, L. Morris of Kenwood, L. Mottistone, L. Mountevans, L. Mowbray and Stourton, L. Moyne, L. Moynihan, L. Munster, E. Murray of Epping Forest, L. Napier and Ettrick, L. Nelson, E. Newall, L. Newcastle, Bp. Nicol, B. Noel-Buxton, L. Nolan, L. Norrie, L. Northesk, E. Oliver of Aylmerton, L. Onslow, E. Oppenheim-Barnes, B. Oxfuird, V. Palmer, L. Park of Monmouth, B. Paul, 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. Ponsonby of Shulbrede, L. Porter of Luddenham, L. Prys-Davies, L. Quirk, L. Ramsay of Cartvale, B. Rankeillour, L. Rathcavan, L. Rawlings, B. Rea, L. Reading, M. Reay, L. Redesdale, L. Rees, L. Rennell, L. Renton, L. Renwick, L. Richard, L. Ripon, Bp. Rix, L. Rodger of Earlsferry, L. Rodgers of Quarry Bank, L. Rogers of Riverside, L. Romney, E. Rotherwick, L. Rowallan, L. Sainsbury, L. Saint Albans, D. St. Davids, V. St. John of Bletso, L. St. John of Fawsley, L. Saint Oswald, L. Saltoun of Abernethy, Ly. Seccombe, B. Sefton of Garston, L. |
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Shannon, E. Sharples, B. Shaughnessy, L. Shaw of Northstead, L. Shepherd, L. Simon, V. Simon of Glaisdale, L. Skelmersdale, L. Slim, V. Smith of Gilmorehill, B. Stallard, L. Stanley of Alderley, L. Stewartby, L. Stodart of Leaston, L. Stoddart of Swindon, L. Strabolgi, L. Strange, B. Strathcarron, L. |
Strathclyde, L. Sudeley, L. Swansea, L. Swinfen, L. Symons of Vernham Dean, B. Taverne, L. Taylor of Blackburn, L. Taylor of Gryfe, L. Taylor of Warwick, L. Tenby, V. Terrington, L. Teviot, L. Teynham, L. Thomas of Gwydir, L. Thurso, V. Tope, L. Trumpington, B. |
Turner of Camden, B. Vivian, L. Waddington, L. Wade of Chorlton, L. Wakeham, L. Warnock, B. Weatherill, L. Wedderburn of Charlton, L. Westbury, L. Whaddon, L. Wharton, B. Whitelaw, V. Whitty, L. Wilberforce, L. Wilcox, B. Williams of Elvel, L. Williams of Mostyn, L. Wise, L. Wright of Richmond, L. Young, B. |
PRAYERS were read by the Lord Bishop of Lincoln.
| 1. | Journals—The 229th volume of the Journals (Session 1995–96), with an index, was laid on the Table by the Clerk of the Parliaments. |
| 2. | Oaths and affirmations—The Lords following took and subscribed the oath, pursuant to statute: |
Peter John Lord Hill-Norton
Anthony David Viscount Hampden
Dermot Richard Claud Marquess of Donegall (Lord Fisherwick)
Thomas Geoffrey Charles Michael Marquess of Headfort (Lord Kenlis)
Michael Evan Victor Lord Burton
Alan Ferguson Lord Rodger of Earlsferry
John Clayton Lord Wise
| 3. | Leave of Absence—It was ordered that leave of absence be granted to the Baroness Brooke of Ystradfellte and the Baroness Dudley for this Parliament. |
Judicial Business
| 4. | Remilien (Petitioner) v. Secretary of State for Social Security and another (Respondents)—The petition of Nathalie Remilien praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XII; the said petition was referred to an Appeal Committee. |
| 5. | McKnight (Her Majesty’s Inspector of Taxes) (Petitioner) v. Sheppard (Respondent) (lodged 5th June)—The petition of David McKnight praying for leave to appeal was presented and referred to an Appeal Committee. |
| 6. | W (A.P.) (Petitioner) v. Home Office (Respondent)—The petition of W praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged. |
| 7. | Sarrio S.A. (Respondents) v. Kuwait Investment Authority (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee. |
| 8. | Fuji Finance Inc. (Appellants) v. Aetna Life Insurance Company Limited and others (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee. |
| 9. | Regina v. Secretary of State for Social Security (Appellant) ex parte Joint Council for the Welfare of Immigrants and another (A.P.) (Respondents)—The petition of the appellant was presented praying that the appeal be withdrawn, that the appellant do pay the respondents’ costs in any event and that the costs of the second respondent be taxed in accordance with the Legal Aid Act 1988 (the agents for the respondents consenting thereto); and it was ordered as prayed. |
| 10. | Phillips Petroleum Company United Kingdom Limited and others (Appellants) v. Enron Europe Limited and others (Respondents)—Upon application by the appellants (the agents for the respondents consenting thereto), it was ordered that the appeal be withdrawn and that there be no order as to costs. |
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| 11. | Lamb (Respondent) v. Hamilton (Appellant) (Scotland)—Upon application by the appellant (the agents for the respondent consenting thereto), it was ordered that the appeal be withdrawn and that there be no order as to costs. |
| 12. | Appeal Committee—The Fifth Report from the Appeal Committee was agreed to and the following Orders were made— |
Her Majesty’s Attorney General (Respondent) v. Landau (Petitioner)—That leave to appeal be refused; that the respondent be at liberty to apply for his 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.
British United Provident Association and others (Respondents) v. Commissioners of Customs and Excise (Petitioners)—That the respondents be invited to lodge objections by 23rd June next.
In re Johnson (A.P.) (Petitioner) (application for a writ of Habeas Corpus)—That leave to appeal be refused, and that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988.
Ashworth Frazer Limited (Petitioners) v. Gloucester City Council (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.
Associated Newspapers Property Limited and others (Respondents) v. Master and Wardens and Brethren and Sisters of the Guild or Fraternity of the Blessed Mary the Virgin of the Mystery of Drapers of the City of London (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.
Reilly and another (Petitioners) v. Mersey Regional Health Authority (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.
| 13. | Appeal Committee—The Sixth Report from the Appeal Committee was agreed to and the following Orders were made— |
Smith (Respondent) v. Vauxhall Motors Limited (Petitioners)—That leave to appeal be refused; that the respondent be at liberty to apply for her 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.
Gerber Garment Technology Inc (Petitioners) v. Lectra Systems Limited and others (Respondents)—That the respondents be invited to lodge objections by 23rd June next.
Boote (Her Majesty’s Inspector of Taxes) (Respondent) v. Banco do Brasil SA (Petitioners)—That leave to appeal be refused; that the respondent be at liberty to apply for his 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.
Inoco plc and others (Petitioners) v. Gulf USA Corporation (formerly Gulf Resources and Chemicals Corporation) and others (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.
Regina v. Chief Constable of Sussex (Respondent) ex parte International Trader’s Ferry Limited (Petitioners)—That the respondent be invited to lodge objections by 23rd June next.
Guinan (A.P.) (Petitioner) v. London Borough of Enfield (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.
| 14. | Appeal Committee—The Seventh Report from the Appeal Committee was agreed to and the following Order was made— |
Remilien (Petitioner) v. Secretary of State for Social Security and another (Respondents)—That leave to appeal be given, and that the petition of appeal be lodged by 23rd June.
Papers
| 15. | Command Papers—The following papers, having been presented to the House by command of Her Majesty on the dates shown, were ordered to lie on the Table: |
| 1. | Peto Institute—Agreement between the United Kingdom and Hungary concerning the extension and refurbishment of the Peto Institute Building at Villanyi Ut 67; (6th June) |
| (3668) |
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| 2. | Air Services—Exchange of Notes between the United Kingdom and the United States concerning an amendment to the Air Services Agreement done at Bermuda on 23rd July 1977; (6th June) |
| (3673) |
| 3. | Employment—Government Response to the Fifth Report (Session 1996–97) of the House of Commons Education and Employment Committee on The Employment Effects of the Proposed Closure of the Gallaher Factory at Hyde; (6th June) |
| (3671) |
| 4. | Gibraltar—Ministry of Defence Minute concerning the gift of The Mount by the Ministry of Defence to Gibraltar; (6th June) |
| (—) |
| 5. | Health—Onchocerciasis Fund Agreement; (9th June) |
| (3674) |
| 6. | Arts and Libraries—Department of National Heritage Minute concerning the Henry Moore statue in Greenwich Park. (9th June) |
| (—) |
| 16. | Statutory Instruments (Standing Order 68)—The following negative instruments, having been laid before the House on 6th June, were ordered to lie on the Table: |
| 1. | Education (Funding for Teacher Training) Designation (No. 2) Order 1997, laid under the Education Act 1994; |
| (1399) |
| 2. | Seeds (Fees) (Amendment) Regulations 1997, laid under the Plant Varieties and Seeds Act 1964; |
| (1415) |
| 3. | Register of Occupational and Personal Pension Schemes (Amendment) Regulations 1997, laid under the Pension Schemes Act 1993. |
| (1405) |
| 17. | Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table: |
Draft Contracting Out (Functions in relation to the provision of Guardians Ad Litem and Reporting Officers Panels) Order 1997.
| 18. | Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: |
| 1. (i) | Portsmouth Health Care National Health Service Trust (Transfer of Trust Property) Order 1997— | (1401) |
| (ii) | Solihull Healthcare National Health Service Trust (Transfer of Trust Property) Order 1997— | (1375) |
| laid under the National Health Service Act 1977; |
| 2. | Control of Trade in Endangered Species (Fees) Regulations 1997, laid under the Finance Act 1973; |
| (1421) |
| 3. (i) | Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1997— | (1458) |
| (ii) | Motor Vehicles (Approval) (Fees) Regulations 1997— | (1459) |
| laid under the Road Traffic Act 1988; |
| 4. | Proceeds of Crime (Countries and Territories designated under the Drug Trafficking Act 1994) Order (Northern Ireland) 1997, laid under the Proceeds of Crime (Northern Ireland) Order 1996; |
| (—) |
| 5. (i) | Local Government Superannuation (Scotland) Amendment (No. 2) Regulations 1997— | (1373) |
| (ii) | National Health Service Superannuation Scheme (Scotland) Amendment Regulations 1997— | (1434) |
| (iii) | Local Government Superannuation (Scotland) Amendment (No. 3) Regulations 1997— | (1435) |
| laid under the Superannuation Act 1972; |
| 6. | Police Pensions (Amendment) Regulations 1997, laid under the Police Pensions Act 1976; |
| (1429) |
| 7. (i) | Local Government Act 1988 (Competition) (Scotland) Amendment Regulations 1997— | (1436) |
| (ii) | Local Government (Exemption from Competition) (Scotland) Amendment Order 1997— | (1438) |
| laid under the Local Government Act 1988; |
| 8. | Fire Services (Appointments and Promotion) (Scotland) Amendment Regulations 1997, laid under the Fire Services Act 1947; |
| (1437) |
| 9. | Local Government, Planning and Land Act 1980 (Competition) (Scotland) Amendment Regulations 1997, laid under the Local Government, Planning and Land Act 1980; |
| (1439) |
| 10. | Registration of Overseas Births and Deaths (Amendment) Regulations 1997, laid under the British Nationality Act 1981; |
| (1466) |
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| 11. | Medicines (Pharmacy and General Sale—Exemption) (Amendment) Order 1997, laid under the Medicines Act 1968; |
| (1350) |
| 12. (i) | Royal Ulster Constabulary Reserve (Full-time) Pensions (Amendment) Regulations 1997— | (—) |
| (ii) | Royal Ulster Constabulary Reserve (Part-time) Pensions Regulations 1997— | (—) |
| (iii) | Royal Ulster Constabulary Reserve Pensions (Amendment) Regulations 1997— | (—) |
| laid under the Northern Ireland (Modification of Enactments—No. 1) Order 1973. |
| 19. | Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: |
| 1. | Reports for 1995–96 of the following Purification Boards— |
| (i) | Tweed River— |
| (ii) | Clyde River— |
| (iii) | Highland River— |
| (iv) | North East River— |
| (v) | Tay River— |
| (vi) | Forth River— |
| (vii) | Solway River— |
| laid under the Environment Act 1995; |
| 2. | Accounts for 1995–96 of the National Lottery Distribution Fund, together with the Report of the Comptroller and Auditor General, laid under the National Lottery etc. Act 1993; |
| 3. | Report for 1996 of the Independent Commission for Police Complaints for Northern Ireland, laid under the Police (Northern Ireland) Order 1987; |
| 4. | Amendments to Air Publication 3376 (Third Edition) Volume 1: “Trade Structure of the Royal Air Force”, laid under the Air Force (Constitution) Act 1917. |
Select Committee Report
| 20. | Delegated Powers and Deregulation—The following report from the Select Committee was made and ordered to be printed: |
| First Report, on the following bills: |
| National Health Service (Private Finance) Bill [HL]; |
| Coordinated Universal Time Bill [HL]; |
| Geneva Conventions (Amendment) Bill [HL]; |
| Pharmacists Bill [HL]; |
| Wireless Telegraphy Bill [HL]; |
| Special Immigration Appeals Commission Bill [HL]; |
| Business Improvement Districts Bill [HL]; |
| Referendums (Scotland and Wales) Bill. (HL Paper 5) |
Public Business
| 21. | Privileges—It was moved by the Chairman of Committees that the Committee for Privileges be appointed and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees and any four Lords of Appeal be named of the Committee: |
| L. Allen of Abbeydale L. Campbell of Alloway L. Carter L. Cledwyn of Penrhos V. Cranborne L. Glenamara L. Jenkins of Hillhead L. Mowbray and Stourton | L. Nathan L. Richard (Lord Privy Seal) L. Strabolgi L. Strathclyde L. Weatherill V. Whitelaw L. Wigoder; |
That the Committee have power to appoint sub-committees and that such sub-committees have power to appoint their own Chairman; and
That the Committee have power to co-opt any Lord for the purpose of serving on any sub-committee;
the motion was agreed to.
| 22. | Procedure of the House—It was moved by the Chairman of Committees that the Select Committee on Procedure of the House be appointed and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee: |
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| B. Anelay of St. Johns L. Brougham and Vaux L. Browne-Wilkinson E. Caithness L. Carter L. Chesham V. Cranborne B. David E. Ferrers L. Fraser of Carmyllie L. Gladwin of Clee B. Hamwee L. Harris of Greenwich | L. Irvine of Lairg (Lord Chancellor) B. Jay of Paddington L. Jenkins of Hillhead L. Mackay of Clashfern L. Richard (Lord Privy Seal) Ly. Saltoun of Abernethy B. Serota L. Skelmersdale L. Strathclyde V. Tenby L. Tordoff L. Weatherill B. Young; |
the motion was agreed to.
| 23. | Firearms (Amendment) Act 1997 Compensation Scheme—It was moved by the Lord Williams of Mostyn that the draft scheme laid before the House on 3rd June be approved; after debate, the motion was agreed to. |
| 24. | Tobacco Regime: ECC Report—It was moved by the Lord Reay that this House take note of the Report of the European Communities Committee on The EC Tobacco Regime (13th Report, Session 1996–97, HL Paper 73); after debate, the motion was agreed to. |
| 25. | Prison and Probation Services—The Earl of Longford asked Her Majesty’s Government whether they are yet in a position to reconsider plans for cutting the prison and probation services in view of the prospective large increase in the number of prisoners; after debate, the question was answered by the Lord Williams of Mostyn. |
The House was adjourned at twenty minutes past seven o’clock
till tomorrow, half-past two o’clock.