House of Lords Journal 231 (Session 1997-98)


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Tuesday 17 June 1997

The House met at half-past two o’clock.

The following Lords Spiritual and Temporal were present:

Irvine of Lairg, L.
(Lord Chancellor)

Aberdare, L.
Ackner, L.
Acton, L.
Addington, L.
Addison, V.
Ailesbury, M.
Ailsa, M.
Alexander of Weedon, L.
Allen of Abbeydale, L.
Allenby of Megiddo, V.
Ampthill, L.
Anelay of St. Johns, B.
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.
Barber, L.
Barber of Tewkesbury, L.
Barnett, L.
Bath, M.
Beaumont of Whitley, L.
Beaverbrook, L.
Belhaven and Stenton, L.
Beloff, L.
Berkeley, L.
Bethell, L.
Birdwood, L.
Blatch, B.
Blease, L.
Blyth, L.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Boyd-Carpenter, L.
Brabazon of Tara, L.
Bradford, E.
Braine of Wheatley, L.
Bramall, L.
Brentford, V.
Bridgeman, V.
Brightman, L.
Brigstocke, B.
Brookeborough, V.
Brookes, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Bruntisfield, L.
Buchan, E.
Buckinghamshire, E.
Butterworth, L.
Byford, B.
Cadman, L.
Campbell of Alloway, L.
Campbell of Croy, L.
Canterbury, Abp.
Carew, L.
Carlisle, E.
Carmichael of Kelvingrove, L.
Carnegy of Lour, B.
Carnock, L.
Carter, L.
Chalker of Wallasey, B.
Charteris of Amisfield, L.
Clancarty, E.
Clanwilliam, E.
Cledwyn of Penrhos, L.
Clyde, L.
Cochrane of Cults, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Coleraine, L.
Coleridge, L.
Colville of Culross, V.
Colwyn, L.
Constantine of Stanmore, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Craigmyle, L.
Cranborne, V.
Crathorne, L.
Crickhowell, L.
Cross, V.
Cuckney, L.
Cullen of Ashbourne, L.
Cumberlege, B.
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.
Denham, L.
Denton of Wakefield, B.
Desai, L.
Digby, L.
Dixon, L.
Dixon-Smith, L.
Donaldson of Kingsbridge, L.
Donaldson of Lymington, L.
Dormand of Easington, L.
Drogheda, E.
Eatwell, L.
Eccles of Moulton, B.
Elibank, L.
Elis-Thomas, L.
Ellenborough, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erne, E.
Erroll, E.
Evans of Parkside, L.
Ewing of Kirkford, L.
Falkland, V.
Farrington of Ribbleton, B.

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Feldman, L.
Ferrers, E.
Feversham, L.
Fisher of Rednal, B.
Fitt, L.
Flather, B.
Fraser of Carmyllie, L.
Freyberg, L.
Gainford, L.
Gainsborough, E.
Gallacher, L.
Gardner of Parkes, B.
Gillmore of Thamesfield, L.
Gisborough, L.
Gladwin of Clee, L.
Gladwyn, L.
Glenamara, L.
Glenarthur, L.
Gormanston, V.
Goschen, V.
Gould of Potternewton, B.
Gowrie, E.
Graham of Edmonton, L.
Gray, L.
Gray of Contin, L.
Greenhill of Harrow, L.
Greenway, L.
Gregson, L.
Grey, E.
Griffiths of Fforestfach, L.
Hacking, L.
Hailsham of Saint Marylebone, L.
Halsbury, E.
Hampton, L.
Hankey, L.
Hanworth, V.
Hardie, L.
Harding of Petherton, L.
Hardwicke, E.
Harmar-Nicholls, L.
Harris of Greenwich, L.
Harris of High Cross, L.
Haskel, L.
Hayhoe, L.
Hayter, L.
Headfort, M.
Henderson of Brompton, L.
Henley, L.
Hilton of Eggardon, B.
Holderness, L.
HolmPatrick, L.
Home, E.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howie of Troon, L.
Hoyle, L.
Hughes, L.
Hussey of North Bradley, L.
Hutchinson of Lullington, L.
Hylton, L.
Hylton-Foster, B.
Ilchester, E.
Inchcape, E.
Inchyra, L.
Inglewood, L.
Iveagh, E.
Jay of Paddington, B.
Jeffreys, L.
Jeger, B.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Johnston of Rockport, L.
Joplin, L.
Kenilworth, L.
Kennet, L.
Kenyon, L.
Kilbracken, L.
Kilmarnock, L.
Kimball, L.
Kingsland, L.
Kinloss, Ly.
Kinnoull, E.
Kintore, E.
Kirkhill, L.
Kitchener, E.
Knollys, V.
Laing of Dunphail, L.
Lauderdale, E.
Lawrence, L.
Lawson of Blaby, L.
Layton, L.
Leigh, L.
Lestor of Eccles, B.
Lindsay, E.
Liverpool, E.
Lockwood, B.
Lofthouse of Pontefract, L.
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.
Mackay of Drumadoon, L.
Mackie of Benshie, L.
MacLehose of Beoch, L.
Macleod of Borve, B.
McNair, L.
McNally, L.
Mansfield, E.
Mar, C.
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.
Minto, E.
Mishcon, L.
Molloy, L.
Monkswell, L.
Monson, L.
Montagu of Beaulieu, L.
Montgomery of Alamein, V.
Montrose, D.
Moore of Wolvercote, L.
Moran, L.
Morris of Castle Morris, L.
Mottistone, L.
Mountevans, L.
Mowbray and Stourton, L.
Moynihan, L.
Munster, E.
Napier of Magdâla, L.
Nelson, E.
Nicol, B.
Noel-Buxton, L.
Norrie, L.
Northbourne, L.
Northesk, E.
O’Cathain, B.
Ogmore, L.
Oppenheim-Barnes, B.
Orr-Ewing, L.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Parkinson, L.
Parry, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Pender, L.
Perry of Walton, L.
Perth, E.
Peston, L.
Peyton of Yeovil, L.
Phillips of Ellesmere, L.
Pike, B.
Pilkington of Oxenford, L.
Plant of Highfield, L.
Plummer of St. Marylebone, L.
Ponsonby of Shulbrede, L.
Prior, L.
Prys-Davies, L.
Pym, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Rankeillour, L.
Rathcavan, L.
Rawlings, B.
Rawlinson of Ewell, L.
Rea, L.
Redesdale, L.
Rees-Mogg, L.
Renfrew of Kaimsthorn, L.
Rennell, L.
Renton, L.
Renwick, L.
Richard, L.
Ritchie of Dundee, L.
Robertson of Oakridge, L.
Rodgers of Quarry Bank, L.
Romney, E.
Rosslyn, E.
Rotherwick, L.
Rowallan, L.
Russell, E.
Sainsbury, L.
St. Davids, V.
St. John of Bletso, L.
St. John of Fawsley, L.

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Saltoun of Abernethy, Ly.
Samuel, V.
Sandford, L.
Sandwich, E.
Savile, L.
Seccombe, B.
Sefton of Garston, L.
Sempill, L.
Serota, B.
Sewel, L.
Shannon, E.
Sharples, B.
Shaughnessy, L.
Shaw of Northstead, L.
Shore of Stepney, L.
Shrewsbury, E.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith, L.
Smith of Gilmorehill, B.
Soper, L.
Soulsby of Swaffham Prior, L.
Southwell, Bp.
Spens, L.
Stallard, L.
Stanley of Alderley, L.
Steel of Aikwood, L.
Stewartby, L.
Stockton, E.
Stoddart of Swindon, L.
Strabolgi, L.
Strafford, E.
Strange, B.
Strathcarron, L.
Strathclyde, L.
Strathcona and Mount Royal, L.
Sudeley, L.
Swinfen, 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.
Trumpington, B.
Turner of Camden, B.
Tweeddale, M.
Tweedsmuir, L.
Ullswater, V.
Varley, L.
Vinson, L.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walpole, L.
Walton of Detchant, L.
Warnock, B.
Waverley, V.
Weatherill, L.
Wedgwood, L.
Westbury, L.
Whaddon, L.
Wharton, B.
White, B.
Whitelaw, V.
Whitty, L.
Wigoder, L.
Wilberforce, L.
Williams of Elvel, L.
Williams of Mostyn, L.
Willoughby de Broke, L.
Winchilsea and Nottingham, E.
Windlesham, L.
Winston, L.
Wise, L.
Woolton, E.
Zouche of Haryngworth, L.

PRAYERS were read by the Lord Bishop of Southwell.

1.Lord Jopling—The Right Honourable Thomas Michael Jopling, having been created Baron Jopling, of Ainderby Quernhow in the County of North Yorkshire, for life by Letters Patent dated in the forenoon of 5th June 1997 (see appendix 1), was introduced between the Lord Denham and the Lord Pym, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.
2.Lord Dixon—The Right Honourable Donald Dixon, having been created Baron Dixon, of Jarrow in the County of Tyne and Wear, for life by Letters Patent dated in the forenoon of 9th June 1997 (see appendix 2), was introduced between the Lord Dean of Beswick and the Lord Dormand of Easington, 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:

Patrick Thomas Lord Carew

James Duke of Montrose (Earl Graham)

Piers Anthony Weymouth Lord Wedgwood

Papers

4.Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:

Law Commission—Law Commission Report on Evidence in Criminal Proceedings: Hearsay and related topics.

(3670)

5.Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

Draft Northern Ireland Act 1974 (Interim Period Extension) Order 1997.

6.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Protection of Wrecks (Designation) Order 1997, laid under the Protection of Wrecks Act 1973;
 (1528)
2.General Medical Council (Professional Performance) Rules Order of Council 1997, laid under the Medical Act 1983.
 (1529)

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7.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Report for 1996 of the Director General of Water Services (OFWAT), laid under the Water Industry Act 1991;
2.Report for 1996 of the Advisory, Conciliation and Arbitration Service (ACAS), laid under the Trade Union and Labour Relations (Consolidation) Act 1992.

Private Business

8.Private Bills—A message was received from the Commons that they had made the following Orders:

That—

(1)the Promoters of every Private Bill which originated in this House or was brought from the House of Lords in the last Parliament shall have leave to proceed with that Bill, if they think fit, in the present Session;
(2)every such Bill which originated in this House shall be presented to the House not later than the fifth day on which the House sits after this day;
(3)there shall be deposited with every Bill so presented a declaration signed by the Agent for the Bill, stating that the Bill is the same, in every respect, as the Bill at the last stage of its proceedings in this House in the last Parliament;
(4)every Bill so presented shall be laid by one of the Clerks in the Private Bill Office on the Table of the House on the next meeting of the House after the day on which the Bill was presented;
(5)every Bill so laid on the Table shall be deemed to have been read the first time and (if the Bill had been read a second time in the last Parliament) to have been read a second time and—
(i)if such Bill had been referred to the Committee on Unopposed Bills in the last Parliament, it shall stand so referred;
(ii)if such Bill had been referred to a Committee during the last Parliament and not reported by that Committee to the House, the Bill shall stand committed and—
(a)all Petitions against the Bill which stood referred to the Committee on the Bill shall stand referred to the Committee on the Bill in the present Session, subject to the determination of any outstanding objection to the locus standi of any petitioner; and
(b)any minutes of evidence taken before the Committee on the Bill shall stand referred to the Committee on the Bill in the present Session;
(iii)if such Bill had been reported by any Committee, it shall be ordered to be read the third time unless it had been reported with Amendments in the last Parliament and had not been considered as so amended, in which case it shall be ordered to lie upon the Table;
(iv)if such Bill had been read the third time in the last Parliament, it shall be deemed to have been read the third time;
(6)paragraph (2) of Standing Order 166 relating to Private Business (First reading) shall not apply to any Bill brought from the House of Lords in the present Session and to which this Order relates;
(7)when any Bill which was brought from the House of Lords in the last Parliament and to which this Order relates is brought from the House of Lords in the present Session, the Agent for the bill shall deposit in the Private Bill Office a declaration, signed by him, stating that the Bill is the same, in every respect, as the Bill which was brought from the House of Lords in the last Parliament and, as soon as a certificate by one of the Clerks in the Private Bill Office that such a declaration has been so deposited has been laid upon the Table of the House—
(i)unless the Examiner had reported pursuant to Standing Order 74 relating to Private Business (Examination of bills brought from the House of Lords etc.), the Bill shall stand referred to the Examiners;
(ii)if the Examiner had so reported, the Bill shall be ordered to be read a second time, or, if it had been read a second time, it shall be read a second time and committed; but
(iii)if the Bill had been reported by a Committee with Amendments in the last Parliament it shall be committed to the Chairman of Ways and Means who shall make only such Amendments to the Bill as had been made thereto by the Committee in the last Parliament, and shall report the Bill to the House forthwith, and the Bill shall be ordered to lie upon the Table;

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(8)any Bill which under the provisions of this Order is deemed to have been read the first time, or the first and second time, or the first, second and third time, shall be recorded in the Journal of the House as having been so read;
(9)without prejudice to the provisions of paragraph (5) of this Order, only those Petitions against any Bill which stood referred to the Committee on the Bill and which had not been withdrawn or had been deposited pursuant to paragraph (b) of Standing Order 126 relating to Private Business (Reference to committee of petitions against bill) shall stand referred to the Committee on the same Bill in the present Session;
(10)in relation to any Bill to which this Order applies Standing Order 127 relating to Private Business (Right of audience before committees on opposed bills) shall have effect as if the words “under Standing Order 126 (Reference to committee of petitions against bill)” were omitted;
(11)where any Standing Order had been dispensed with in respect of any private Bill in the last Parliament, those Standing Orders shall be deemed to have been ordered to be dispensed with in respect of any such Bill presented or brought from the Lords in pursuance of this Order;
(12)any Standing Order, complied with in respect of any Bill originating in the House of Lords to which this Order relates shall be deemed to have been complied with in respect of such Bill if the same is brought from the House of Lords in the present Session, and any notices published or given and any deposits made in respect of such Bill in the last Parliament shall be held to have been published, given and made, respectively, for the Bill so brought from the House of Lords in the present Session;
(13)no further fees shall be charged in respect of proceedings on a Bill in respect of which fees have been incurred in the last Parliament.

Select Committee Reports

9.House of Lords’ Offices—The First Report from the Select Committee was made (see appendix 3); it was ordered that the report be printed. (HL Paper 8)
10.Statutory Instruments—The 3rd Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

Draft Solicitor General’s Salary Order 1997;

Draft Contracting Out (Functions in relation to the provision of Guardians Ad Litem and Reporting Officers Panels) Order 1997;

it was ordered that the Report be printed. (HL Paper 7)

11.European Communities—The First Report from the Select Committee, on Europol: Confidentiality Regulations was made; it was ordered that the Report be printed. (HL Paper 9)

Public Business

12.Chronically Sick and Disabled Persons (Amendment) Bill [HL]—A bill to amend section 2 of the Chronically Sick and Disabled Persons Act 1970 in respect of the duty of local authorities to make arrangements to meet the needs of chronically sick and disabled persons, was presented by the Lord Ashley of Stoke, read a first time and ordered to be printed. (HL Bill 11)
13.Referendums (Scotland and Wales) Bill—It was moved by the Lord Sewel that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Committee of the Whole House.

The House was adjourned at twenty-five minutes past eleven 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 right trusty and well beloved Counsellor Thomas Michael Jopling to the state degree style dignity title and honour of Baron Jopling of Ainderby Quernhow in Our County of North 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 Jopling 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

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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 fifth 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 enabling do by these Presents advance create and prefer Our right trusty and well beloved Counsellor Donald Dixon to the state degree style dignity title and honour of Baron Dixon of Jarrow in Our County of Tyne and Wear

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 Dixon 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 ninth day of June in the forty-sixth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL


APPENDIX 3

FIRST REPORT FROM THE SELECT COMMITTEE ON THE HOUSE OF LORDS’ OFFICES

Tuesday 17th June 1997

By the Select Committee appointed to consider the House of Lord’s Offices

Ordered to Report:

The Committee have met and been attended by the Clerk of the Parliaments and the Gentleman Usher of the Black Rod.

Appointment of Sub-Committees

The Committee appointed the following Sub-Committees and Panel—

Finance and Staff Sub-Committee
L. Boston of Faversham (Chairman)
L. Colwyn
V. Cranborne
L. Gladwin of Clee
L. Harris of Greenwich
E. Northesk
L. Renfrew of Kaimsthorn
L. Richard
L. Rodgers of Quarry Bank
L. Sheppard of Didgemere
L. Weatherill
L. Williams of Elvel

with the Clerk of the Parliaments

Administration and Works Sub-Committee
V. Allenby of Megiddo
L. Berkeley
L. Boston of Faversham (Chairman)
L. Carter
L. Colwyn
B. David
E. Gowrie

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L. Harris of Greenwich
L. Methuen
B. Rawlings
L. Renfrew of Kaimsthorn
L. Strathclyde
L. Weatherill

with the Clerk of the Parliaments and the Gentleman Usher of the Black Rod

Library and Computers Sub-Committee
L. Avebury
L. Freyberg
L. Hoffmann
L. Holderness
B. Lockwood
L. Lucas
L. McIntosh of Haringey
B. Nicol
B. Platt of Writtle
L. Renfrew of Kaimsthorn (Chairman)
L. St. John of Bletso

with the Clerk of the Parliaments

Refreshment Sub-Committee
E. Arran
L. Carter
L. Chesham
L. Colwyn (Chairman)
B. David
L. Graham of Edmonton
L. Harris of Greenwich
L. Howell
L. Lawrence
L. Palmer
V. Thurso

with the Clerk of the Parliaments

Advisory Panel on Works of Art
L. Chorley
L. Cobbold
L. Crathorne
V. Falkland
E. Gowrie (Chairman)
B. Hilton of Eggardon
L. Hindlip
L. Morris of Castle Morris
L. Palmer
B. Trumpington

with the Clerk of the Parliaments