House of Lords Journal 231 (Session 1997-98)

Previous Next Page 115 1997-98 Volume 231       Wednesday 25 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) Abercorn, D. Aberdare, L. Abinger, L. Ackner, L. Acton, L. Addington, L. Addison, V. Ailesbury, M. Ailsa, M. Alderdice, L. Aldington, L. Alexander of Tunis, E. 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. Arran, E. Ashley of Stoke, L. Astor, V. Astor of Hever, L. Attlee, E. Baker of Dorking, L. Baldwin of Bewdley, E. Balfour, E. Barber of Tewkesbury, L. Barnett, L. Beaumont of Whitley, L. Beaverbrook, L. Belhaven and Stenton, L. Beloff, L. Berkeley, L. Bethell, L. Birdwood, L. Birkett, L. Blatch, B. Blease, L. Blyth, L. Borrie, L. Boston of Faversham, L. Bowness, L. Boyd-Carpenter, L. Brain, L. Braine of Wheatley, L. Bramall, L. Brentford, V. Bridgeman, V. Bridges, L. Brightman, L. Brigstocke, B. Broadbridge, L. Brooks of Tremorfa, L. Brougham and Vaux, L. Broughshane, L. Bruce of Donington, L. Bruntisfield, L. Buchan, E. Butterfield, L. Butterworth, L. Byford, B. Cadman, L. Caithness, E. Caldecote, V. Calverley, L. Campbell of Alloway, L. Campbell of Croy, L. Carlisle, E. Carmichael of Kelvingrove, L. Carnarvon, E. Carnock, L. Carr of Hadley, L. Carter, L. Chalker of Wallasey, B. Chapple, L. Charteris of Amisfield, L. Chesham, L. Chorley, L. Clancarty, E. Clanwilliam, E. Cledwyn of Penrhos, L. Clwyd, L. Cobbold, L. Cocks of Hartcliffe, L. Colville of Culross, V. Colwyn, L. Constantine of Stanmore, L. Cooke of Thorndon, L. Courtown, E. Cox, B. Craig of Radley, L. Craigavon, V. Craigmyle, L. Cranborne, V. Crathorne, L. Croham, L. Cross, V. Cuckney, L. Cumberlege, B. Dainton, L. 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. Dilhorne, V. Dixon-Smith, L. Donaldson of Kingsbridge, L. Donoughue, L. Dormand of Easington, L. Drogheda, E. Dubs, L. Dunrossil, V. Durham, Bp. Eatwell, L. Elgin and Kincardine, E. Elibank, L. Elis-Thomas, L. Ellenborough, L. Elles, B. Elliott of Morpeth, L. Elton, L. Erne, E. Erroll, E. Evans of Parkside, L. Exmouth, V. Ezra, L. Falconer of Thoroton, L. Falkland, V. Farrington of Ribbleton, B. Fisher of Rednal, B. Fitt, L. Flather, B. Foley, L. Fraser of Carmyllie, L. Freyberg, L. Gainford, L. Gainsborough, E. Gallacher, L. Gardner of Parkes, B. Geddes, L. Gibson, L. Gillmore of Thamesfield, L. Gisborough, L. Gladwin of Clee, L. Gladwyn, L. Glenamara, L. Glenarthur, L. Gormanston, V. Goschen, V. Gould of Potternewton, B. Graham of Edmonton, L. Gray, L. Gray of Contin, L. Greenway, L. Gregson, L. Grey, E. Grimston of Westbury, L. Haddington, E. Haig, E. Hailsham of Saint Marylebone, L. Halsbury, E. Hamilton of Dalzell, L. Hampton, L. Hamwee, B. Hardie, L. Harding of Petherton, L. Hardwicke, E. Harmar-Nicholls, L. Harris of Greenwich, L. Harris of High Cross, L. Harrowby, E. Haskel, L. Page 116 1997-98 Volume 231 Back to top Hayhoe, L. Hayman, B. Hayter, L. Headfort, M. Healey, L. Henderson of Brompton, L. Henley, L. Hilton of Eggardon, B. Holderness, L. Hollis of Heigham, B. Holme of Cheltenham, L. HolmPatrick, L. Hooson, L. Hope of Craighead, L. Hothfield, L. Howe of Aberavon, L. Howell, L. Howell of Guildford, L. Howie of Troon, L. Hoyle, L. Hughes, L. Hurd of Westwell, L. Hutchinson of Lullington, L. Hylton-Foster, B. Inglewood, L. Ironside, L. Iveagh, E. Jauncey of Tullichettle, L. Jeffreys, L. Jellicoe, E. Jenkin of Roding, L. Jenkins of Putney, L. Johnston of Rockport, L. Joplin, L. Judd, L. Kenilworth, L. Kennet, L. Keyes, L. Kilbracken, L. Kilmarnock, L. Kimball, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kitchener, E. Knollys, V. Lane, L. Lane of Horsell, L. Lawrence, L. Layton, L. Leigh, L. Lestor of Eccles, B. Lindsay, E. Lloyd of Berwick, L. Lloyd-George of Dwyfor, 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. McCarthy, L. McColl of Dulwich, L. McConnell, L. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Mackintosh of Halifax, V. MacLehose of Beoch, L. McNair, L. McNally, L. Mallalieu, B. Malmesbury, E. Mar, C. Marlesford, L. Marsh, L. Masham of Ilton, B. Mason of Barnsley, L. Massereene and Ferrard, V. Mayhew of Twysden, L. Merlyn-Rees, L. Merrivale, L. Mersey, V. Meston, L. Miller of Hendon, B. Milner of Leeds, L. Milverton, L. Mishcon, L. Molloy, L. Molyneaux of Killhead, L. Monkswell, L. Montagu of Beaulieu, L. Montgomery of Alamein, V. Moran, L. Morris of Castle Morris, L. Mottistone, L. Mountevans, L. Mountgarret, V. Mowbray and Stourton, L. Moyne, L. Munster, E. Murray of Epping Forest, L. Napier and Ettrick, L. Napier of Magdâla, L. Nelson, E. Nicol, B. Noel-Buxton, L. Norrie, L. Northbourne, L. Northesk, E. Norton, L. O’Cathain, B. Ogmore, L. Oppenheim-Barnes, B. Oxford, Bp. Oxfuird, V. Palmer, L. Park of Monmouth, B. Parry, L. Paul, L. Pearson of Rannoch, L. Pender, L. Perry of Walton, L. Perth, E. Peston, L. Peyton of Yeovil, L. Pilkington of Oxenford, L. Plant of Highfield, L. Plummer of St. Marylebone, L. Ponsonby of Shulbrede, L. Porter of Luddenham, L. Prys-Davies, L. Quinton, L. Quirk, L. Ramsay of Cartvale, B. Rankeillour, L. Rathcavan, L. Rawlings, B. Rea, L. Redesdale, L. Rees, L. Renfrew of Kaimsthorn, L. Renton, L. Renton of Mount Harry, L. Renwick, L. Richard, L. Ritchie of Dundee, L. Rix, L. Robson of Kiddington, B. Rochester, L. Rodgers of Quarry Bank, L. Rosslyn, E. Rotherwick, L. Russell, E. Sainsbury, L. Saint Albans, D. St. John of Bletso, L. St. John of Fawsley, L. Saltoun of Abernethy, Ly. Sanderson of Bowden, L. Sandwich, E. Seccombe, B. Sefton of Garston, L. Serota, B. Sewel, L. Shannon, E. Sharples, B. Shaughnessy, L. Shaw of Northstead, L. Shepherd, L. Shore of Stepney, L. Simon, V. Simon of Glaisdale, L. Simon of Highbury, L. Skelmersdale, L. Skidelsky, L. Slim, V. Smith, L. Smith of Gilmorehill, B. Spens, L. Stallard, L. Steel of Aikwood, L. Stewartby, L. Stodart of Leaston, L. Stoddart of Swindon, L. Strabolgi, L. Strafford, E. Strange, B. Strathcarron, L. Strathclyde, L. Strathcona and Mount Royal, L. Sudeley, L. Swansea, L. Swinfen, L. Swinton, E. Symons of Vernham Dean, B. Tanlaw, L. Taylor of Blackburn, L. Taylor of Gryfe, L. Taylor of Warwick, L. Tenby, V. Terrington, L. Teviot, L. Teynham, L. Page 117 1997-98 Volume 231 Back to top Thomas of Gwydir, L. Thomas of Swynnerton, L. Thomson of Monifieth, L. Thurso, V. Tope, L. Tordoff, L. Trefgarne, L. Trumpington, B. Turner of Camden, B. Ullswater, V. Varley, L. Vivian, L. Waddington, L. Wade of Chorlton, L. Wakeham, L. Wallace of Coslany, L. Wallace of Saltaire, L. Walton of Detchant, L. Warnock, B. Waverley, V. Weatherill, L. Wedderburn of Charlton, L. Wedgwood, L. Westbury, L. Whaddon, L. Wharton, B. White, B. Whitelaw, V. Whitty, L. Wigoder, L. Wilcox, B. Williams of Crosby, B. Williams of Elvel, L. Williams of Mostyn, L. Winchilsea and Nottingham, E. Wise, L. Wyatt of Weeford, L. Young, B. PRAYERS were read by the Lord Bishop of Oxford. 1. Lord Renton of Mount Harry—The Right Honourable Ronald Timothy Renton, having been created Baron Renton of Mount Harry, of Offham in the County of East Sussex, for life by Letters Patent dated in the afternoon of 9th June 1997 (see appendix 1), was introduced between the Lord Renton and the Lord Howe of Aberavon, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. 2. Lord Hurd of Westwell—The Right Honourable Douglas Richard Hurd CH CBE, having been created Baron Hurd of Westwell, of Westwell in the County of Oxfordshire, for life by Letters Patent dated in the forenoon of the 13th June 1997 (see appendix 2), was introduced between the Lord Lloyd of Berwick and the Lord Gillmore of Thamesfield, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. 3. Lord Mayhew of Twysden—The Right Honourable Sir Patrick Barnabas Burke Mayhew, Knight QC, having been created Baron Mayhew of Twysden, of Kilndown in the County of Kent, for life by Letters Patent dated in the afternoon of 12th June 1997 (see appendix 3), was introduced between the Lord Glenarthur and the Lord Elton, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. Judicial Business 4. Cutter (Respondent) v. Eagle Star Insurance Company Ltd (Appellants) (England)—The appeal of Eagle Star Insurance Company Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 6th August next. 5. White and others (Respondents) v. Chief Constable of South Yorkshire and others (Appellants) (England)—The appeal of the Chief Constable of South Yorkshire, Sheffield Wednesday Football Club and Eastwood and Partners (a firm) was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 6th August next; and that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order. 6. Clarke (A.P.) (Respondent) and others v. Kato, Smith and General Accident Fire & Life Assurance Corporation plc (Appellants) (England)—The appeal of General Accident Fire & Life Assurance Corporation plc was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 6th August next. 7. Mansfield (A.P.) (Petitioner) and another v. Weetabix Limited and another (Respondents)—The petition of David Mansfield praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged. 8. Kelly (Petitioner) v. Northern Ireland Housing Executive (Respondents) (Northern Ireland)—The petition of Bernadette Kelly praying for leave to appeal was presented and referred to an Appeal Committee. 9. Regina v. Staines and another (Petitioners)—The petition of Lorelei Staines and Ian Patrick Morrisey praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee. 10. Fletcher and others (Appellants) v. Midland Bank plc (Respondents)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 6th August next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed. Page 118 1997-98 Volume 231 Back to top 11. Appeal Committee—The following Orders were made pursuant to the 4th Report— Williams and another (Respondents) v. Natural Life Health Foods Limited and Mistlin (Petitioner)—That leave to appeal be given, and that the petition of appeal be lodged by 9th July next. Banque Financière de la Citeú (Petitioners) v. Parc (Battersea) Limited and others (Respondents)—That leave to appeal be given, and that the petition of appeal be lodged by 9th July next. 12. Appeal Committee—The 11th Report from the Appeal Committee was agreed to and the following Order was made— Regina v. Martin (Petitioner)—That the petition be referred for hearing. Papers 13. Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table: Whaling—Schedule to the International Whaling Convention, revised to include the Amendments adopted at the 1996 meeting of the International Whaling Commission. (3691) 14. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: 1. Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 1997, laid under the Control of Pollution Act 1974;   (1584) 2. Potato Marketing Board (Residuary Functions) Regulations 1997, laid under the Agriculture Act 1993.   (1573) 15. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: 1. North Yorkshire (Coroners’ Districts) Order 1997, laid under the Coroners Act 1988;   (1532) 2. (i) Report for 1995–96 of the North of Scotland Water Authority— (ii) Report for 1995–96 of East of Scotland Water— (iii) Report for 1995–96 of West of Scotland Water—   laid under the Local Government etc. (Scotland) Act 1994. 16. 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) (Paralytic Shellfish Poisoning) Order 1997. Public Business 17. Electoral Reform—It was moved by the Lord Rodgers of Quarry Bank that there be laid before the House papers relating to the case for electoral reform, taking account of the 1999 elections to the European Parliament, and to the need for the early appointment of an independent commission to recommend an alternative to the first-past-the-post system for elections to the House of Commons; after debate, the motion was (by leave of the House) withdrawn. 18. Plant Varieties Bill—A bill to make provision about rights in relation to plant varieties; to make provision about the Plant Varieties and Seeds Tribunal; to extend the time limit for institution of proceedings for contravention of seeds regulations; and for connected purposes, was brought from the Commons, read a first time and ordered to be printed. (HL Bill 14) The House was adjourned at twenty minutes past seven o’clock till tomorrow, three 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 Ronald Timothy Renton to the state degree style dignity title and honour of Baron Renton of Mount Harry of Offham in Our County of East Sussex 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 Renton of Mount Harry to have and to hold unto him for his life Page 119 1997-98 Volume 231 Back to top 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 afterenoon of the ninth 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 Douglas Richurd Hurd Member of Our Orderof the Companions of Honour Commander of Our Most Excellent Order of the British Empire to the state degree style dignity title and honour of Baron Hurd of Westwell in Our County of Oxfordshire 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 Hurd of Westwell 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 thirteenth day of June in the forty-sixth year of Our Reign BY WARRANT UNDER THE QUEEN’S SIGN MANUAL APPENDIX 3 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 Sir Patrick Barnabas Burke Mayhew Knight one of Our Counsel learned in the Law to the state degree style dignity title and honour of Baron Mayhew of Twysden of Kilndown in Our County of Kent 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 Mayhew of Twysden 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 afternoon of the twelfth day of June in the forty-sixth year of Our Reign BY WARRANT UNDER THE QUEEN’S SIGN MANUAL