House of Lords Journal 231 (Session 1997-98) |
Lords Journals Contents Index Alphabetical list of Lords Minutes and Order Papers |
Tuesday 10 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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Cranbrook, E. Crathorne, L. Crickhowell, L. Croham, L. Cross, V. Cullen of Ashbourne, L. Cumberlege, B. Dacre of Glanton, L. Dahrendorf, L. Darcy de Knayth, B. David, B. Davidson, V. Dean of Beswick, L. Dean of Harptree, L. Dean of Thornton-le-Fylde, B. Denbigh, E. Denton of Wakefield, B. Desai, L. Dilhorne, V. Dixon-Smith, L. Donaldson of Kingsbridge, L. Donegall, M. Donoughmore, E. Donoughue, L. Dormand of Easington, L. Downshire, M. Eatwell, L. Eden of Winton, L. Elibank, L. Elles, B. Elliott of Morpeth, L. Elton, L. Ely, Bp. Ely, M. Erroll, E. Exmouth, V. Ezra, L. Falconer of Thoroton, L. Farrington of Ribbleton, B. Feldman, L. Ferrers, E. Fisher of Rednal, B. Fitt, L. Flather, B. Flowers, L. Fraser of Carmyllie, L. Gage, V. Gainford, L. Gainsborough, E. Gardner of Parkes, B. Geddes, L. Geraint, L. Gisborough, L. Glasgow, E. Glenamara, L. Glenarthur, L. Glentoran, L. Goschen, V. Gould of Potternewton, B. Graham of Edmonton, L. Granard, E. Grantchester, L. Gray, L. Gray of Contin, L. Greenway, L. Gregson, L. Grenfell, L. Grey, E. Hacking, L. |
Haig, E. Hailsham of Saint Marylebone, L. Halsbury, E. Hanson, L. Hanworth, V. Hardie, L. Harding of Petherton, L. Hardinge of Penshurst, L. Harmar-Nicholls, L. Harris of Greenwich, L. Harris of High Cross, L. Haskel, L. Haslam, L. Hayhoe, L. Hayman, B. Hayter, L. Headfort, M. Hemphill, L. Henley, L. Hertford, M. Hilton of Eggardon, B. Hoffmann, L. Holderness, L. Hollis of Heigham, B. Holme of Cheltenham, L. HolmPatrick, L. Home, E. Hooper, B. Hooson, L. Howe, E. Howell, L. Hoyle, L. Hughes, L. Huntingdon, E. Hutchinson of Lullington, L. Hylton-Foster, B. Iddesleigh, E. Ilchester, E. Inglewood, L. Ironside, L. Iveagh, E. Jeffreys, L. Jeger, B. Jenkins of Hillhead, L. Jenkins of Putney, L. Johnston of Rockport, L. Kenilworth, L. Kennet, L. Keyes, L. Kilbracken, L. Kilpatrick of Kincraig, L. Kimball, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kintore, E. Kitchener, E. Lane of Horsell, L. Lauderdale, E. Lawrence, L. Layton, L. Leathers, V. Leigh, L. Lestor of Eccles, B. Lincoln, Bp. Lindsay, E. Liverpool, E. Lloyd of Berwick, L. |
Lloyd of Highbury, B. Lockwood, B. Long, V. Longford, E. Lowry, L. Lucas, L. Lucas of Chilworth, L. Luke, L. McColl of Dulwich, L. McConnell, L. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Mackie of Benshie, L. Macleod of Borve, B. McNair, L. McNally, L. Malmesbury, E. Mar, C. Mar and Kellie, E. Marlborough, D. Marsh, L. Masham of Ilton, B. Mason of Barnsley, L. Massereene and Ferrard, V. Merlyn-Rees, L. Merrivale, L. Mersey, V. Meston, L. Middleton, L. Miller of Hendon, B. Milner of Leeds, L. Milverton, L. Mishcon, L. Monk Bretton, L. Monkswell, L. Montagu of Beaulieu, L. Moran, L. Morris of Castle Morris, L. Mottistone, L. Mountevans, L. Mowbray and Stourton, L. Moyne, L. Munster, E. Murray of Epping Forest, L. Napier and Ettrick, L. Napier of Magdâla, L. Nathan, L. Nelson, E. Newall, L. Nickson, L. Nicol, B. Norrie, L. Northbourne, L. Northesk, E. Onslow, E. Oppenheim-Barnes, B. Oxfuird, V. Palmer, L. Park of Monmouth, B. Paul, L. Pender, L. Peston, L. Peyton of Yeovil, L. Phillips of Ellesmere, L. Pilkington of Oxenford, L. Plant of Highfield, L. Plummer of St. Marylebone, L. Ponsonby of Shulbrede, L. Poole, L. Prentice, L. |
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Quinton, L. Quirk, L. Raglan, L. Ramsay of Cartvale, B. Rankeillour, L. Rathcavan, L. Rawlings, B. Rea, L. Reay, L. Rees, L. Renfrew of Kaimsthorn, L. Rennell, L. Renton, L. Renwick, L. Richard, L. Ripon, Bp. Rix, L. Roll of Ipsden, L. Rotherwick, L. Runcie, L. Sainsbury, L. St. Davids, V. St. John of Bletso, L. St. John of Fawsley, L. Saint Oswald, L. Saltoun of Abernethy, Ly. Sandford, L. Sandwich, E. Seafield, E. Seccombe, B. Sefton of Garston, L. |
Shannon, E. Sharples, B. Shaughnessy, L. Shaw of Northstead, L. Shepherd, L. Simon, V. Simon of Glaisdale, L. Skelmersdale, L. Slim, V. Slynn of Hadley, L. Smith, L. Smith of Gilmorehill, B. Soulsby of Swaffham Prior, L. Stallard, L. Stewartby, L. Stoddart of Swindon, L. Strabolgi, L. Strafford, E. Strange, B. Strathcarron, L. Strathclyde, L. Sudeley, L. Swinfen, L. Symons of Vernham Dean, B. Tanlaw, L. Taverne, L. Taylor of Blackburn, L. Taylor of Gryfe, L. Taylor of Warwick, L. Terrington, L. |
Teviot, L. Teynham, L. Thomas of Gresford, L. Thomas of Gwydir, L. Thomas of Walliswood, B. Thomson of Monifieth, L. Thurlow, L. Thurso, V. Tope, L. Trefgarne, L. Trenchard, V. Trumpington, B. Turner of Camden, B. Vivian, L. Waddington, L. Wade of Chorlton, L. Wakeham, L. Walton of Detchant, L. Warnock, B. Waverley, V. Weatherill, L. Westbury, L. Whaddon, L. Wharton, B. Whitelaw, V. Whitty, L. Wilberforce, L. Williams of Elvel, L. Wise, L. Wright of Richmond, L. Young, B. Younger of Prestwick, L. |
PRAYERS were read by the Lord Bishop of Lincoln.
| 1. | Baroness Lloyd of Highbury—Dame June Kathleen Lloyd DBE, having been created Baroness Lloyd of Highbury, of Highbury in the London Borough of Islington, for life by Letters Patent dated 19th August 1996 (see appendix 1), was introduced between the Lord Walton of Detchant and the Lord Kilpatrick of Kincraig, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. |
| 2. | Lord Biffen—The Right Honourable William John Biffen, having been created Baron Biffen, of Tanat in the County of Shropshire, for life by Letters Patent dated 3rd June 1997 (see appendix 2), was introduced between the Baroness Hooper and the Lord Renfrew of Kaimsthorn, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. |
| 3. | Oaths—The Lords following took and subscribed the oath pursuant to statute: |
Ian Derek Francis Earl of Seafield
William Edward Robin Hood Earl of Huntingdon
George Alexander Eugene Douglas Earl Haig
Patrick Robin Archibald Earl of Glasgow
Richard Michael John Earl of Donoughmore (Viscount Hutchinson)
Ian Duke of Argyll
Judicial Business
| 4. | Barclays Bank Plc (Petitioners) v. Boulter and Boulter (Respondent) (lodged 20th May)—The petition of Barclays Bank Plc praying for leave to appeal was presented and referred to an Appeal Committee. |
| 5. | Appeal Committee—The Eighth Report from the Appeal Committee was agreed to and the following Order was made— |
State Bank of India (Respondent) v. Sood and others and another (A.P.) (Petitioner)—That the petition be referred for hearing.
Hall (Respondent) v. T Clarke plc (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.
N M Rothschild & Sons Limited and others (Respondents) v. Berenson and others (Petitioners)—That leave to appeal be refused; that the respondents be at liberty to apply for
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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.
In re Dunlayici (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.
Jameson and another (Respondents) v. Central Electricity Generating Board (Petitioners) and others—That the respondents be invited to lodge objections by 24th June next.
Esso Petroleum Company Limited (Respondents) v. Milton (Petitioner)—That the respondents be invited to lodge objections by 24th June next.
Papers
| 6. | Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: |
| 1. (i) | Environmentally Sensitive Areas (South West Peak) Designation (Amendment) Order 1997— | (1455) |
| (ii) | Environmentally Sensitive Areas (North Kent Marshes) Designation (Amendment) Order 1997— | (1453) |
| (iii) | Environmentally Sensitive Areas (Breckland) Designation (Amendment) Order 1997— | (1445) |
| (iv) | Environmentally Sensitive Areas (Clun) Designation (Amendment) Order 1997— | (1446) |
| (v) | Environmentally Sensitive Areas (Lake District) Designation (Amendment) Order 1997— | (1452) |
| (vi) | Environmentally Sensitive Areas (South Wessex Downs) Designation (Amendment) Order 1997— | (1454) |
| (vii) | Environmentally Sensitive Areas (West Penwith) Designation Order 1997— | (1444) |
| (viii) | Environmentally Sensitive Areas (South Downs) Designation Order 1997— | (1443) |
| (ix) | Environmentally Sensitive Areas (The Broads) Designation Order 1997— | (1440) |
| (x) | Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1997— | (1442) |
| (xi) | Environmentally Sensitive Areas (Penine Dales) Designation Order 1997— | (1441) |
| (xii) | Environmentally Sensitive Areas (North Peak) Designation (Amendment) Order 1997— | (1447) |
| (xiii) | Environmentally Sensitive Areas (Exmoor) Designation (Amendment) Order 1997— | (1451) |
| (xiv) | Environmentally Sensitive Areas (Avon Valley) Designation (Amendment) Order 1997— | (1450) |
| (xv) | Environmentally Sensitive Areas (Test Valley) Designation (Amendment) Order 1997— | (1449) |
| (xvi) | Environmentally Sensitive Areas (Suffolk River Valleys) Designation (Amendment) Order 1997— | (1448) |
| laid under the Agriculture Act 1986; |
| 2. (i) | Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 1997— | (1485) |
| (ii) | Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 3) Regulations 1997— | (1484) |
| laid under the Legal Aid Act 1988; |
| 3. | Divorce etc. (Pensions) (Amendment) Regulations (Northern Ireland) 1997, laid under the Matrimonial Causes (Northern Ireland) Order 1978; |
| (—) |
| 4. (i) | Seed Potatoes (Amendment) Regulations 1997— | (1474) |
| (ii) | Environmentally Sensitive Areas (England) Designation Orders (Revocation of Specified Provisions) Regulations 1997— | (1456) |
| (iii) | Agriculture Act 1986 (Amendment) Regulations 1997— | (1457) |
| laid under the European Communities Act 1972; |
| 5. | National Health Service (General Medical Services) (Scotland) Amendment (No. 2) Regulations 1997, laid under the National Health Service (Scotland) Act 1978; |
| (1473) |
| 6. | Immigration (Exemption from Control) (Amendment) Order 1997, laid under the Immigration Act 1971; |
| (1402) |
| 7. | Home Grown Cereals Authority (Rate of Levy) Order 1997, laid under the Cereals Marketing Act 1965; |
| (1337) |
| 8. | Medicines (Products for Animal Use—Fees) Regulations 1997, laid under the Medicines Act 1968. |
| (1469) |
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| 7. | Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table: |
Report for 1996 of the Commission for Racial Equality, laid under the Race Relations Act 1976.
Select Committee Report
| 8. | Statutory Instruments—The Second Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instrument: |
Northern Ireland (Emergency Provisions) Act 1996 (Amendment) Order 1997;
it was ordered that the Report be printed. (HL Paper 6)
Public Business
| 9. | Law Officers Bill [HL]—A bill to enable functions of the Attorney General and of the Attorney General for Northern Ireland to be exercised by the Solicitor General; and for connected purposes, was presented by the Lord Carter, on behalf of the Lord Falconer of Thoroton, read a first time and ordered to be printed. (HL Bill 9) |
| 10. | Liaison Committee—It was moved by the Chairman of Committees that a select committee be appointed to advise the House on the resources required for select committee work and to allocate resources between select committees; to review the select committee work of the House; to consider requests for ad hoc committees and report to the House with recommendations; to ensure effective co-ordination between the two Houses; and to consider the availability of Lords to serve on committees; |
That, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee:
| L. Allen of Abbeydale L. Belstead V. Cranborne L. Jenkins of Hillhead L. Kimball | L. Morris of Castle Morris L. Richard (Lord Privy Seal) L. Weatherill L. Wigoder; |
That the Committee have leave to report from time to time;
That the Committee have power to appoint specialist advisers;
the motion was agreed to.
| 11. | Consumer Guarantees: ECC Report—It was moved by the Lord Hoffmann that this House take note of the Report of the European Communities Committee on Consumer Guarantees (10th Report, Session 1996–97, HL Paper 57); after debate, the motion was agreed to. |
| 12. | Drug Abuse in Scotland—The Lady Saltoun of Abernethy asked Her Majesty’s Government what plans they have to combat drug abuse in Scotland; after debate, the question was answered by the Lord Hardie. |
The House was adjourned at twenty-nine minutes past six o’clock
till tomorrow, half-past two 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 trusty and well beloved Dame June Kathleen Lloyd Dame Commander of Our Most Excellent Order of the British Empire to the state degree style dignity title and honour of Baroness Lloyd of Highbury of Highbury 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 Baroness Lloyd 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 the nineteenth day of August 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 trusty and well beloved Counsellor William John Biffen to the state degree style dignity title and honour of Baron Biffen of Tanat in Our County of Shropshire
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 Biffen 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 third day of June in the forty-sixth year of Our Reign
BY WARRANT UNDER THE QUEEN’S SIGN MANUAL