House of Lords Journal 231 (Session 1997-98)

Previous Next Thursday 12 June 1997 The House met at ten o’clock. The following Lords Spiritual and Temporal were present: Irvine of Lairg, L. (Lord Chancellor) Abercorn, D. Aberdare, L. Ackner, L. Acton, L. Addington, L. Addison, V. Ailesbury, M. Ailsa, M. Aldington, L. Alexander of Tunis, E. Allenby of Megiddo, V. Ampthill, L. Anelay of St. Johns, B. Annaly, L. Annan, L. Archer of Sandwell, L. Archer of Weston-Super-Mare, L. Ashbourne, L. Ashley of Stoke, L. Astor of Hever, L. Attlee, E. Avebury, L. Baldwin of Bewdley, E. Balfour, E. Banbury of Southam, L. Barnett, L. Beaumont of Whitley, L. Belhaven and Stenton, L. Beloff, L. Berkeley, L. Birdwood, L. Birkett, L. Blatch, B. Blease, L. Blyth, L. Boardman, L. Borrie, L. Boston of Faversham, L. Bowness, L. Boyd-Carpenter, L. Brabazon of Tara, L. Brentford, V. Bridgeman, V. Brightman, L. Brigstocke, B. Brougham and Vaux, L. Browne-Wilkinson, L. Bruce of Donington, L. Bruntisfield, L. Buckinghamshire, E. Burnham, L. Butterworth, L. Byford, B. Cadman, L. Callaghan of Cardiff, L. Calverley, L. Campbell of Alloway, L. Campbell of Croy, L. Carlisle, E. Carmichael of Kelvingrove, L. Carnarvon, E. Carnegy of Lour, B. Carnock, L. Carter, L. Castle of Blackburn, B. Chalfont, L. Chalker of Wallasey, B. Charteris of Amisfield, L. Chesham, L. Chorley, L. Clancarty, E. Clanwilliam, E. Clark of Kempston, L. Cledwyn of Penrhos, L. Clifford of Chudleigh, L. Clinton-Davis, L. Clyde, L. Cocks of Hartcliffe, L. Coleraine, L. Coleridge, L. Colwyn, L. Constantine of Stanmore, L. Cooke of Islandreagh, L. Cooke of Thorndon, L. Courtown, E. Craig of Radley, L. Craigavon, V. Cranbrook, E. Crathorne, L. Crickhowell, L. Cuckney, L. Cullen of Ashbourne, L. Cumberlege, B. Darcy de Knayth, B. David, B. Davidson, V. Dean of Beswick, L. Dean of Harptree, L. Dean of Thornton-le-Fylde, B. Denbigh, E. Denham, L. Denton of Wakefield, B. Derwent, L. Desai, L. Devonport, V. Dilhorne, V. Dixon-Smith, L. Donegall, M. Donoughue, L. Dormand of Easington, L. Downshire, M. Dubs, L. Dunn, B. Eatwell, L. Effingham, E. Elibank, L. Elis-Thomas, L. Ellenborough, L. Elles, B. Elliott of Morpeth, L. Elton, L. Erroll, E. Evans, L. Exmouth, V. Ezra, L. Falkland, V. Farrington of Ribbleton, B. Ferrers, E. Fisher of Rednal, B. Fitt, L. Flather, B. Fraser of Carmyllie, L. Freyberg, L. Gainford, L. Gallacher, L. Gardner of Parkes, B. Geddes, L. Geraint, L. Gerard, L. Gisborough, L. Gladwyn, L. Glasgow, E. Glenamara, L. Goff of Chieveley, L. Gormanston, V. Goschen, V. Gould of Potternewton, B. Graham of Edmonton, L. Granard, E. Greenway, L. Gregson, L. Grey, E. Grimston of Westbury, L. Hacking, L. Haig, E. Halsbury, E. Page 85 1997-98 Volume 231       Hampton, L. Hardie, L. Harding of Petherton, L. Hardwicke, E. Harlech, L. Harmar-Nicholls, L. Harris of Greenwich, L. Haskel, L. Hayhoe, L. Hayman, B. Hayter, L. Headfort, M. Hemphill, L. Henley, L. Hereford, Bp. Hilton of Eggardon, B. Hoffmann, L. Holderness, L. Hollis of Heigham, B. Holme of Cheltenham, L. HolmPatrick, L. Hooper, B. Hooson, L. Hope of Craighead, L. Howe, E. Howe of Aberavon, L. Howie of Troon, L. Hoyle, L. Hughes, L. Hunt of Tanworth, L. Hylton, L. Hylton-Foster, B. Ilchester, E. Inchyra, L. Inglewood, L. Jeffreys, L. Jeger, B. Jenkin of Roding, L. Jenkins of Hillhead, L. Jenkins of Putney, L. Judd, L. Kennet, L. Kilbracken, L. Kilmarnock, L. Kimball, L. Kingsdown, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kintore, E. Kitchener, E. Knollys, V. Lane of Horsell, L. Lauderdale, E. Lawrence, L. Layton, L. Leathers, V. Leigh, L. Lester of Herne Hill, L. Lestor of Eccles, B. Lincoln, Bp. Lindsay, E. Liverpool, E. Lloyd of Berwick, L. Lockwood, B. Lofthouse, L. Longford, E. Lowry, L. Lucas, L. Lucas of Chilworth, L. Lytton, E. McCarthy, L. McColl of Dulwich, L. McConnell, L. McFarlane of Llandaff, B. McGregor of Durris, L. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. MacLehose of Beoch, L. Macleod of Borve, B. McNair, L. McNally, L. Malmesbury, E. Mar, C. Mar and Kellie, E. Marlesford, L. Marsh, L. Masham of Ilton, B. Mason of Barnsley, L. Massereene and Ferrard, V. Merlyn-Rees, L. Merrivale, L. Mersey, V. Meston, L. Methuen, L. Middleton, L. Miller of Hendon, B. Milner of Leeds, L. Milverton, L. Mishcon, L. Molloy, L. Monckton of Brenchley, V. Monkswell, L. Monson, L. Montagu of Beaulieu, L. Monteagle of Brandon, L. Montgomery of Alamein, V. Moore of Wolvercote, L. Moran, L. Morris of Castle Morris, L. Mottistone, L. Mountevans, L. Mowbray and Stourton, L. Moyne, L. Moynihan, L. Munster, E. Murton of Lindisfarne, L. Napier and Ettrick, L. Nelson, E. Newall, L. Nicholls of Birkenhead, L. Nicol, B. Noel-Buxton, L. Nolan, L. Norfolk, D. Norrie, L. Northbourne, L. Northesk, E. Norton, L. O’Cathain, B. Ogmore, L. Orr-Ewing, L. Owen, L. Oxfuird, V. Park of Monmouth, B. Paul, L. Pearson of Rannoch, L. Pender, L. Perry of Walton, L. Perth, E. Peston, L. Phillips of Ellesmere, L. Pilkington of Oxenford, L. Plant of Highfield, L. Plummer of St. Marylebone, L. Ponsonby of Shulbrede, L. Prior, L. Prys-Davies, L. Pym, L. Quirk, L. Ramsay of Cartvale, B. Rankeillour, L. Rathcavan, L. Rawlings, B. Rea, L. Reay, L. Redesdale, L. Rees, L. Renton, L. Renwick, L. Richard, L. Ripon, Bp. Rix, L. Rochester, L. Rodgers of Quarry Bank, L. Romney, E. Rotherwick, L. Rowallan, L. Russell, E. Sainsbury, L. St. Davids, V. St. John of Bletso, L. St. John of Fawsley, L. Saltoun of Abernethy, Ly. Sandwich, E. Sandys, L. Savile, L. Seccombe, B. Sefton of Garston, L. Selborne, E. Selsdon, L. Sempill, L. Serota, B. Shannon, E. Shaughnessy, L. Shaw of Northstead, L. Shaw of Stepney, L. Shrewsbury, E. Simon, V. Simon of Glaisdale, L. Smith of Gilmorehill, B. Somerleyton, L. Stallard, L. Steel of Aikwood, L. Stewartby, L. Steyn, L. Stoddart of Swindon, L. Strabolgi, L. Strafford, E. Strange, B. Strathcarron, L. Strathcona and Mount Royal, L. Sudeley, L. Suffolk and Berkshire, E. Swansea, L. Swinfen, L. Symons of Vernham Dean, B. Page 86 1997-98 Volume 231 Back to top Tanlaw, L. Taverne, L. Taylor of Blackburn, L. Taylor of Gryfe, L. Taylor of Warwick, L. Tebbit, L. Tenby, V. Terrington, L. Teviot, L. Teynham, L. Thomas of Gresford, L. Thomas of Gwydir, L. Thomas of Swynnerton, L. Thomas of Walliswood, B. Thomson of Monifieth, L. Thurlow, L. Thurso, V. Tope, L. Trefgarne, L. Trumpington, B. Turner of Camden, B. Ullswater, V. Vinson, L. Waddington, L. Wade of Chorlton, L. Wakeham, L. Wallace of Coslany, L. Wallace of Saltaire, L. Walpole, L. Walton of Detchant, L. Warnock, B. Waterford, M. Waverley, V. Weatherill, L. Westbury, L. Whaddon, L. Wharton, B. Whitelaw, V. Whitty, L. Wigoder, L. Wilberforce, L. Williams of Elvel, L. Williams of Mostyn, L. Willoughby de Broke, L. Wise, L. Wright of Richmond, L. Young, B. Zouche of Haryngworth, L. PRAYERS were read by the Lord Bishop of Lincoln. Judicial Business 1. Regina v. Secretary of State for the Home Department (Original Appellant and Cross-Respondent) ex parte V (Original Respondent and Cross-Appellant)— 2. Regina v. Secretary of State for the Home Department (Original Appellant and Cross-Respondent) ex parte T (Original Respondent and Cross-Appellant)— (Conjoined Appeals)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Orders of the Court of Appeal of 30th July 1996 be affirmed save that the cross-appeals be allowed and save as to costs; and that the Original Appellant and Cross-respondent do pay to the Original Respondents and Cross-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. 3. Malik (A.P.) (Appellant) v. Bank of Credit and Commerce International S.A. (In compulsory liquidation) (Respondents)— 4. Mahmud (A.P.) (Appellant) v. Bank of Credit and Commerce International S.A. (In compulsory liquidation) (Respondents)— (Consolidated Appeals)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Orders of the Court of Appeal of 9th March 1995 be set aside save as to legal aid taxation, that the Orders of Mr. Justice Evans-Lombe of 16th February 1994 be set aside insofar as they relate to stigma compensation and that it be declared that the evidence of the Appellants discloses a reasonable cause of action and a sustainable claim for damages in relation to stigma compensation; 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. Smith (A.P.) (Appellant) v. Governor and Company of the Bank of Scotland (Respondents) (Scotland)—The cause was considered; It was ordered and adjudged that the Interlocutors of the First Division of the Court of Session of 2nd June 1995 and of the Lord Ordinary of 1st July 1994 be recalled and that the case do proceed to a proof before answer and be remitted back to the Court of Session to proceed as accords; and that the Respondents do pay to the Appellant her expenses before the Lord Ordinary and in the First Division and her costs 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. O’Rourke (A.P.) (Respondent) v. Mayor etc. of the London Borough of Camden (Appellants)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 13th February 1996 be set aside save as to legal aid taxation and that the Order of Judge Tibber of 31st October 1995 be restored; and that the costs of the Appellants in the Court of Appeal and in this House be paid out of the Legal Aid Fund in accordance with section 18 of the Legal Aid Act 1988, such order to be suspended for four weeks to allow the Legal Aid Board to object if they wish. 7. Commissioners of Inland Revenue (Original Appellants and Cross-Respondents) v. McGuckian (Original Respondents and Cross-Appellant) (Northern Ireland)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal in Northern Ireland of 13th September 1994 be set aside save as to costs, that the assessment of taxation for the year 1979–80 be set at £IR 396,054 and that the cross-appeal be dismissed; and that the Original Appellants and Cross-respondents do pay to the Original Page 87 1997-98 Volume 231 Back to top   Respondent and Cross-appellant his costs of the appeal in this House, such costs to be certified by the Clerk of the Parliaments if not agreed between the parties, and that there be no order as to the costs of the cross-appeal. 8. Lord Mayor etc. of the City of Westminster (Appellant) v. Castelli (A.P.) (Respondent)— 9. Lord Mayor etc. of the City of Westminster (Appellants) v. Garcia (A.P.) (Respondent)— (Consolidated appeals)— Gavdenzio Castelli’s legal aid certificate was lodged; the petition of the appellants praying that the appeal be withdrawn on the terms agreed between the parties and on condition, that the appellants do pay to the respondents their reasonable costs, such costs to be certified by the Clerk of the Parliaments if not agreed between the parties, that the costs of the respondents be taxed in accordance with the Legal Aid Act 1988, and that the sum of £18,000.00 paid into the House of Lords Security Fund Account be repaid to the appellants’ agents (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed. 10. City Council of Bristol (Appellants) v. Lovell (A.P.) (Respondent)—The respondent’s legal aid certificate was lodged. The House was adjourned during pleasure. The House was resumed. 11. Lord Evans of Parkside—John Evans Esquire, having been created Baron Evans of Parkside, of St. Helens in the County of Merseyside, for life by Letters Patent dated in the forenoon of 10th June 1997 (see appendix 1), was introduced between the Baroness Gould of Potternewton and the Lord Whitty, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and subscribed the solemn affirmation pursuant to statute. 12. Lord Lofthouse of Pontefract—Sir Geoffrey Lofthouse, Knight, having been created Baron Lofthouse of Pontefract, of Pontefract in the County of West Yorkshire, for life by Letters Patent dated in the forenoon of 11th June 1997 (see appendix 2), was introduced between the Lord Gregson and the Lord Mason of Barnsley, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. 13. Leave of Absence—Leave of absence was granted to the Lord Chancellor for Wednesday 18th June. Papers 14. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table: 1. Carriage of Goods—Amendment to Annex 1 of the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage 1970;   (3661) 2. Security Services—Report for 1996 of the Commissioner under the Security Service Act 1989;   (3679) 3. Interception of Communications—Report for 1996 of the Commissioner under the Interception of Communications Act 1985;   (3678) 4. Intelligence Services—Report for 1996 of the Commissioner under the Intelligence Services Act 1994.   (3677) 15. Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table: Draft Solicitor General’s Salary Order 1997. 16. Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table: Amendment to the Queen’s Regulations for the Royal Air Force, laid under the Air Force (Constitution) Act 1917. 17. Instrument coming into operation before being laid—The Lord Chancellor acquainted the House that he had received, under the proviso to section 4(1) of the Statutory Instruments Act 1946, notification that the following instrument had come into operation before being laid before Parliament, with an explanation thereof; the notification and explanation were ordered to lie on the Table: Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) (Partial Revocation No. 2) Order 1997. (1481) Private Business 18. Lloyds TSB Bill [HL]—The Examiner’s certificate that the further Standing Orders had been complied with was ordered to lie on the Table and the bill was committed to a Select Committee. Page 88 1997-98 Volume 231 Back to top Public Business 19. Parliamentary Broadcasting Unit Limited (PARBUL)—It was moved by the Chairman of Committees that, as proposed by the Committee of Selection, the following Lords be named as members of the Parliamentary Broadcasting Unit Limited (PARBUL): L. Boston of Faversham L. Chesham L. Thomson of Monifieth; the motion was agreed to. 20. Parliamentary Office of Science and Technology (POST)—It was moved by the Chairman of Committees that, as proposed by the Committee of Selection, the following Lords be appointed to serve as members of the Board of the Parliamentary Office of Science and Technology (POST): L. Flowers L. Phillips of Ellesmere L. Renfrew of Kaimsthorn; the motion was agreed to. 21. Science and Technology Committee—It was moved by the Chairman of Committees, on behalf of the Committee of Selection, that the Baroness Platt of Writtle be appointed a member of the Select Committee; the motion was agreed to. 22. Railway Strategy: ECC Report—It was moved by the Lord Geddes that this House take note of the Report of the European Communities Committee on Community Railway Strategy (7th Report, Session 1996–97, HL Paper 46); after debate, the motion was agreed to. 23. Social Security (Social Fund and Claims and Payments) (Miscellaneous Amendments) Regulations 1997—It was moved by the Lord Beaumont of Whitley that an Humble Address be presented to Her Majesty praying that the Regulations (S.I. 1997/792), laid before the House on 17th March, be annulled; after debate, the motion was (by leave of the House) withdrawn. 24. Hong Kong—The Lord Thomas of Gresford asked Her Majesty’s Government what steps they are taking to support the rights and freedoms of the people of Hong Kong and to maintain the common law system in the administration of justice in Hong Kong courts, in accordance with the autonomy accorded to Hong Kong in the Joint Declaration; after debate, the question was answered by the Baroness Symons of Vernham Dean. The House was adjourned at three minutes before nine o’clock to Monday next, 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 John Evans Esquire to the state degree style dignity title and honour of Baron Evans of Parkside of St Helens in Our County of Merseyside 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 Evans of Parkside 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 tenth day of June in the forty-sixth year of Our Reign BY WARRANT UNDER THE QUEEN’S SIGN MANUAL 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 Page 89 1997-98 Volume 231 Back to top enabling do by these Presents advance create and prefer Our trusty and well beloved Sir Geoffrey Lofthouse Knight to the state degree style dignity title and honour of Baron Lofthouse of Pontefract of Pontefract in Our County of West Yorkshire 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 Lofthouse of Pontefract 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 eleventh day of June in the forty-sixth year of Our Reign BY WARRANT UNDER THE QUEEN’S SIGN MANUAL