House of Lords Journal 231 (Session 1997-98)

Previous Next Page 103 1997-98 Volume 231       Thursday 19 June 1997 The House met at two o’clock. The following Lords Spiritual and Temporal were present: Irvine of Lairg, L. (Lord Chancellor) Aberdare, L. Ackner, L. Acton, L. Addison, V. Ailesbury, M. Ailsa, M. Alderdice, L. Aldington, L. Alexander of Tunis, E. Allenby of Megiddo, V. Alport, L. Ampthill, L. Anelay of St. Johns, B. Annaly, L. Annan, L. Archer of Sandwell, L. Archer of Weston-Super-Mare, L. Ashbourne, L. Ashburton, L. Ashley of Stoke, L. Astor, V. Astor of Hever, L. Attlee, E. Avebury, L. Baldwin of Bewdley, E. Balfour, E. Barnett, L. Beaumont of Whitley, L. Beaverbrook, L. Belhaven and Stenton, L. Beloff, L. Berkeley, L. Birdwood, L. Blackstone, B. Blease, L. Blyth, L. Boardman, L. Borrie, L. Boston of Faversham, L. Boyd-Carpenter, L. Brabazon of Tara, L. Brentford, V. Brightman, L. Brookes, L. Brooks of Tremorfa, L. Brougham and Vaux, L. Bruce of Donington, L. Butterworth, L. Byford, B. Cadman, L. Caithness, E. Campbell of Alloway, L. Campbell of Croy, L. Carew, L. Carlisle, E. Carmichael of Kelvingrove, L. Carnegy of Lour, B. Carnock, L. Carr of Hadley, L. Carter, L. Chalker of Wallasey, B. Charteris of Amisfield, L. Chelmsford, V. Chesham, L. Chorley, L. Clancarty, E. Clanwilliam, E. Cledwyn of Penrhos, L. Clinton-Davis, L. Clyde, L. Cobbold, L. Cockfield, L. Cocks of Hartcliffe, L. Coleraine, L. Colwyn, L. Congleton, L. Constantine of Stanmore, L. Cooke of Thorndon, L. Courtown, E. Cox, B. Craig of Radley, L. Craigavon, V. Cranborne, V. Cranworth, L. Crathorne, L. Crickhowell, L. Cross, V. Cuckney, L. Cullen of Ashbourne, L. Cumberlege, B. Currie of Marylebone, L. Dainton, L. Darcy de Knayth, B. David, B. Davidson, V. De Freyne, L. Dean of Beswick, L. Dean of Harptree, L. Denham, L. Denton of Wakefield, B. Derwent, L. Desai, L. Diamond, L. Dilhorne, V. Dixon-Smith, L. Donoughue, L. Dormand of Easington, L. Dundee, E. Dundonald, E. Eatwell, L. Effingham, E. Elibank, L. Elis-Thomas, L. Ellenborough, L. Elles, B. Elliott of Morpeth, L. Elton, L. Erne, E. Erroll, E. Evans of Parkside, L. Exeter, Bp. Exmouth, V. Ezra, L. Fairfax of Cameron, L. Falkender, B. Falkland, V. Farrington of Ribbleton, B. Ferrers, E. Fitt, L. Flather, B. Flowers, L. Freyberg, L. Gainsborough, E. Gallacher, L. Gardner of Parkes, B. Gisborough, L. Gladwin of Clee, L. Glenamara, L. Glenarthur, L. Goff of Chieveley, L. Gormanston, V. Gould of Potternewton, B. Gowrie, E. Graham of Edmonton, L. Greenhill of Harrow, L. Greenway, L. Gregson, L. Grenfell, L. Grey, E. Griffiths, L. Hacking, L. Hailsham of Saint Marylebone, L. Halsbury, E. Hamwee, B. Hankey, L. Harding of Petherton, L. Harlech, L. Harmar-Nicholls, L. Harmsworth, L. Harris of Greenwich, L. Harris of Peckham, L. Haskel, L. Hayhoe, L. Hayman, B. Hayter, L. Headfort, M. Healey, L. Henderson of Brompton, L. Henley, L. Hertford, M. Hilton of Eggardon, B. Hoffmann, L. Hogg, B. Holderness, L. Hollis of Heigham, B. HolmPatrick, L. Home, E. Page 104 1997-98 Volume 231 Back to top Hooper, B. Hooson, L. Hope of Craighead, L. Howe, E. Howell, L. Howie of Troon, L. Hoyle, L. Hughes, L. Hutchinson of Lullington, L. Hutton, 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. Joplin, L. Kenilworth, L. Kennet, L. Kilbracken, L. Kilmarnock, L. Kimball, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kintore, E. Kirkhill, L. Kirkwood, L. Knollys, V. Lauderdale, E. Lawrence, L. Lawson of Blaby, L. Layton, L. Leathers, V. Leigh, L. Lestor of Eccles, B. Liverpool, E. Lloyd of Berwick, L. Lloyd-George of Dwyfor, E. Lockwood, B. Lofthouse of Pontefract, L. Long, V. Longford, E. Lothian, M. Lovell-Davis, L. Lowry, L. Lucas, L. Luke, L. Lyell, L. McColl of Dulwich, L. McConnell, L. McFarlane of Llandaff, B. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Mackintosh of Halifax, V. MacLehose of Beoch, L. Macleod of Borve, B. McNair, L. McNally, 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. Merrivale, L. Mersey, V. Meston, L. Methuen, L. Miller of Hendon, B. Milverton, L. Mishcon, L. Molloy, L. Monckton of Brenchley, V. Monk Bretton, L. Monkswell, L. Montagu of Beaulieu, L. Montgomery of Alamein, V. 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. Nickson, L. Nicol, B. Noel-Buxton, L. Norfolk, D. Norrie, L. Northesk, E. O’Cathain, B. Ogmore, L. Oppenheim-Barnes, B. Owen, L. Oxfuird, V. Park of Monmouth, B. Paul, L. Peel, E. Perry of Southwark, B. Peston, L. Phillips of Ellesmere, L. Pike, B. Pilkington of Oxenford, L. Plant of Highfield, L. Plummer of St. Marylebone, L. Ponsonby of Shulbrede, L. Poole, L. Porter of Luddenham, L. Quinton, L. Quirk, L. Ramsay of Cartvale, B. Rathcavan, L. Rawlings, B. Rawlinson of Ewell, L. Rea, L. Reading, M. Reay, L. Redesdale, L. Rees, L. Rennell, L. Renton, L. Renwick, L. Richard, L. Rochester, L. Rodgers of Quarry Bank, L. Rogers of Riverside, L. Rotherwick, L. Russell, E. Sainsbury, L. St. John of Bletso, L. St. John of Fawsley, L. Saltoun of Abernethy, Ly. Sandys, L. Seccombe, B. Sefton of Garston, L. Serota, B. Shannon, E. Shaughnessy, L. Shaw of Northstead, L. Shepherd, L. Shore of Stepney, L. Shrewsbury, E. Simon, V. Simon of Glaisdale, L. Simon of Highbury, L. Skelmersdale, L. Slim, V. Smith, L. Southwell, Bp. Spens, L. Stallard, L. Stanley of Alderley, L. Steel of Aikwood, L. Stewartby, L. Steyn, L. Stodart of Leaston, L. Stoddart of Swindon, L. Strabolgi, L. Strange, B. Strathcarron, L. Strathclyde, L. Strathcona and Mount Royal, L. Swinfen, L. Swinton, E. Tanlaw, L. Taylor of Blackburn, L. Taylor of Gryfe, L. Tebbit, L. Temple of Stowe, E. Tenby, V. Terrington, L. Teviot, L. Teynham, L. Thomas of Gwydir, L. Thomas of Swynnerton, L. Thomas of Walliswood, B. Thomson of Monifieth, L. Thurlow, L. Thurso, V. Tombs, L. Trumpington, B. Turner of Camden, B. Ullswater, V. Vinson, L. Vivian, L. Waddington, L. Wade of Chorlton, L. Wakeham, L. Walpole, L. Walton of Detchant, L. Warnock, B. Page 105 1997-98 Volume 231 Back to top Waverley, V. Weatherill, L. Wedderburn of Charlton, L. Wedgwood, L. Westbury, L. Whaddon, L. Wharton, B. Whitelaw, V. Whitty, L. Wigoder, L. Wilberforce, L. Wilcox, B. Williams of Elvel, L. Williams of Mostyn, L. Winchilsea and Nottingham, E. Winston, L. Wise, L. Wright of Richmond, L. Younger of Prestwick, L. PRAYERS were read by the Lord Bishop of Southwell. Judicial Business 1. Investors’ Compensation Scheme Limited (Appellants) v. West Bromwich Building Society and others (Respondents)—The cause was considered; it was ordered and adjudged that the Order of the Court of Appeal of 1st November 1996 and the Orders of Mr. Justice Evans-Lombe of 3rd October and 16th October 1996 be set aside and that the questions certified by Mr. Justice Evans-Lombe on 29th August be answered by a declaration: “1. That, upon the true construction of the Investors’ Compensation Scheme claim form, all claims for damages and compensation are validly assigned to ICS and such claims cannot be maintained by the investors in their actions and that the investors retain the right to reclaim rescission of their mortgages upon such terms as the court may consider just; 2. That the answer to part (a) of the second certified question is “All” and to part (b) “Yes” and that the remaining certified questions do not arise.”; that the respondents do pay to the appellants their costs before Mr. Justice Evans-Lombe, in the Court of Appeal and in this House and that the costs of the appellants in this House arising from the intervention of Philip Haring 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; and that the costs of the Intervener be taxed in accordance with the Legal Aid Act 1988. 2. In re Levin (Appellant) (Application for a writ of Habeas Corpus) (On Appeal from a Divisional Court of the Queen’s Bench Division)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Divisional Court of 1st March 1996 be affirmed and the appeal dismissed. 3. Regina v. Reynolds (Petitioner)—The petition of David Paul Reynolds, praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Criminal Appeal Act 1968, was presented and referred to an Appeal Committee. 4. Appeal Committee—The 10th Report from the Appeal Committee was agreed to and the following Orders were made— Pioneer Electronics Capital Inc and Pioneer Electronics (USA) Inc. (Petitioners) v. Warner Music Manufacturing Europe GmbH and others (Respondents)—That the petition be referred for hearing. Beloit Technologies Incorporated and others (Petitioners) v. Valmet Paper Machinery Incorporated 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. Secretary of State for the Home Department (Petitioner) v. Adan (Respondent)—That the respondent be invited to lodge objections by 3rd July next. Regina v. London Borough of Harrow (Petitioners) ex parte Fahia (Respondent)—That the respondent be invited to lodge objections by 3rd July next. Credit Lyonais (Respondents) v. New Hampshire Insurance Company (Petitioners)—That leave to appeal be refused. Digital Equipment Company Limited (Respondents) v. Hampshire County Council (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. Capital & Counties plc (Respondents) v. Hampshire County Council (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. The House was adjourned during pleasure. The House was resumed. Page 106 1997-98 Volume 231 Back to top 5. Oaths and affirmations—The Lords following took and subscribed the oath, or made and subscribed the solemn affirmation, pursuant to statute: Peter Francis Walter Marquess of Lothian Philip Charles Lord Harris of Peckham Philip Bertram Lord Cranworth Papers 6. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table: 1. Scottish Land Court—Report for 1996 by the Scottish Land Court;   (3689) 2. Finance—Audit of Assumptions for the July 1997 Budget Projections.   (3693) 7. Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table: Draft Legal Advice and Assistance (Scope) (Amendment) (No. 2) Regulations 1997. 8. Negative instruments—The following instruments were laid before the House and ordered to lie on the Table: 1. Statute made by the University of Oxford on 16th May 1996, laid under the Universities of Oxford and Cambridge Act 1923;   (—) 2. Unichem Limited (Allotment of Shares) Revocation Order 1997, laid under the Fair Trading Act 1973;   (1530) 3. Firearms (Amendment) Act 1997 (Transitional Provisions and Savings) Regulations 1997, laid under the Firearms (Amendment) Act 1997.   (1538) 9. 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 Ancient Monuments Board for Scotland, laid under the Ancient Monuments and Archaeological Areas Act 1979; 2. Notice of the appointment of a member of the British Tourist Authority, laid under the Development of Tourism Act 1969; 3. Financial Statements for the 15 months ended 31st March 1997 of the Duchy of Cornwall, laid under the Duchies of Lancaster and Cornwall (Accounts) Act 1838; 4. Report for 1996 of the Equal Opportunities Commission, laid under the Sex Discrimination Act 1975. Private Business 10. Imperial College Bill— 11. Southampton International Boat Show Bill— It was moved by the Chairman of Committees that the promoters of the bills which were brought from the Commons in the last Parliament but had not received the Royal Assent shall, notwithstanding anything in the Standing Orders or practice of this House, have leave to proceed with the said bills in the present session and the petitions for the bills shall be deemed to have been deposited and all Standing Orders applicable thereto shall be deemed to have been complied with; That, if the bills are brought from the Commons in the present session, the agents for the bills shall deposit in the Office of the Clerk of the Parliaments a declaration, signed by the agent concerned, stating that the bill is the same in every respect as the bill brought from the Commons in the last Parliament; That the proceedings on such bills shall in the present session of Parliament be pro forma only, in regard to every stage through which the same shall have passed in the last Parliament, and that no new fees be charged to such stages; the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith. 12. Bodmin Moor Commons Bill [HL]— 13. King’s College Bill [HL]— It was moved by the Chairman of Committees that the promoters of the bills which originated in this House in the last Parliament but had not received the Royal Assent shall, notwithstanding anything in the Standing Orders or practice of this House, have leave to introduce the said bills in the present session and the petitions for the bills shall be deemed to have been deposited and all Standing Orders applicable thereto shall be deemed to have been complied with; That every such bill shall be deposited in the Office of the Clerk of the Parliaments not later than 3 o’clock on Monday 23rd June next with a declaration annexed thereto signed by the Page 107 1997-98 Volume 231 Back to top agent concerned, stating that the bill is the same in every respect as the bill at the last stage of the proceedings thereon in this House in the last Parliament; That the proceedings on such bills shall in the present session of Parliament be pro forma only, in regard to every stage through which the same shall have passed in the last Parliament, and that no new fees be charged to such stages; the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith. 14. Bodmin Moor Commons Bill [HL]— 15. King’s College London Bill [HL]— The Chairman of Committees acquainted the House that pursuant to the resolution of this day, 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, passed through all their remaining stages pro forma and sent to the Commons. 16. Lever Park Bill—The Report from Her Majesty’s Attorney-General was presented. 17. Imperial College Bill—The bill was brought from the Commons and, the declaration of the agent having been deposited in the Office of the Clerk of the Parliaments pursuant to the resolution of this day, the bill was read a first time pro forma and referred to the Examiners. 18. Southampton International Boat Show Bill—The bill was brought from the Commons and, the declaration of the agent having been deposited in the Office of the Clerk of the Parliaments pursuant to the resolution of this day, the bill was read a first time, read a second time pro forma and committed to an Unopposed Bill Committee. Public Business 19. Firearms (Amendment) Bill—A bill to extend the class of prohibited weapons under the Firearms Act 1968 to include small-calibre pistols, was brought from the Commons, read a first time and ordered to be printed. (HL Bill 12) 20. National Health Service (Private Finance) Bill [HL]—The House resolved itself into a Committee on the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed and the bill was reported without amendment. 21. Innovation-Exploitation Barrier: S&T Report—It was moved by the Baroness Hogg that this House take note of the Report of the Science and Technology Committee, the Innovation-Exploitation Barrier (3rd Report, Session 1996–97, HL Paper 62); after debate, the motion was agreed to. 22. Planning Enquiries—The Earl of Kinnoull asked Her Majesty’s Government whether the rules of public planning enquiries should be reviewed to balance the democratic rights of objectors against the inordinate length of certain enquiries, lasting in certain cases over two years; after debate, the question was answered by the Baronness Hayman. The House was adjourned at sixteen minutes past eight o’clock to Monday next, half-past two o’clock.