House of Lords Journal 231 (Session 1997-98) |
Lords Journals Contents Index Alphabetical list of Lords Minutes and Order Papers |
Wednesday 23 July 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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Hampden, V. Hampton, L. Hamwee, B. Hankey, L. Hanworth, V. Harding of Petherton, L. Harmar-Nicholls, L. Harmsworth, L. Harris of Greenwich, L. Haskel, L. Hayhoe, L. Hayman, B. Hayter, L. Headfort, M. Hilton of Eggardon, B. Hogg, B. Holderness, L. Holme of Cheltenham, L. HolmPatrick, L. Hooper, B. Hooson, L. Howe, E. Howell, L. Howell of Guildford, L. Howie of Troon, L. Hoyle, L. Hughes, L. Hunt of Tanworth, L. Hutchinson of Lullington, L. Hylton, L. Hylton-Foster, B. Iddesleigh, E. Ilchester, E. Inchyra, L. Ingleby, V. Ironside, L. Jeffreys, L. Jenkin of Roding, L. Jenkins of Hillhead, L. Jenkins of Putney, L. Johnston of Rockport, L. Jopling, L. Kenilworth, L. Kennet, L. Kilbracken, L. Kilmarnock, L. Kings Norton, L. Kingsdown, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kintore, E. Kirkhill, L. Kitchener, E. Knollys, V. Lane of Horsell, L. Lauderdale, E. Lawrence, L. Layton, L. Leigh, L. Lester of Herne Hill, L. Lestor of Eccles, B. Lewis of Newnham, L. Lindsey and Abingdon, E. Liverpool, E. Liverpool, Bp. Lloyd-George of Dwyfor, E. Lockwood, B. Lofthouse of Pontefract, L. |
Long, V. Longford, E. Lowry, L. Lucas, L. Lucas of Chilworth, L. Lyell, L. Macclesfield, E. McColl of Dulwich, L. McConnell, L. McGregor of Durris, L. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Mackie of Benshie, L. Macleod of Borve, B. McNair, L. McNally, L. Malmesbury, E. Mancroft, L. 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. Mersey, V. Miller of Hendon, B. Milner of Leeds, L. Milverton, L. Mishcon, L. Molloy, L. Molyneaux of Killhead, L. Monckton of Brenchley, V. Monk Bretton, L. Monkswell, L. Monson, L. Montagu of Beaulieu, L. Monteagle of Brandon, L. Montgomery of Alamein, V. Morris of Castle Morris, L. Mountevans, L. Mowbray and Stourton, L. Moyne, L. Moynihan, L. Munster, E. Murray of Epping Forest, L. Napier and Ettrick, L. Nelson, E. Newall, L. Nicol, B. Noel-Buxton, L. Norrie, L. Northesk, E. Norton, L. O’Cathain, B. Ogmore, L. Oxfuird, V. Palmer, L. Park of Monmouth, B. Patten, L. Paul, L. Pearson of Rannoch, L. 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. Porter of Luddenham, L. Prior, L. Prys-Davies, L. Quirk, L. Ramsay of Cartvale, B. Rankeillour, L. Rawlings, B. Rea, L. Rees, L. Renfrew of Kaimsthorn, L. Rennell, L. Renton, L. Renton of Mount Harry, L. Richard, L. Richardson, L. Rix, L. Robson of Kiddington, B. Rodgers of Quarry Bank, L. Romney, E. Rotherwick, L. Runcie, L. Russell-Johnston, L. Sainsbury, L. Saint Albans, D. St. John of Bletso, L. St. John of Fawsley, L. Saltoun of Abernethy, Ly. Sandwich, E. Seccombe, B. Sefton of Garston, L. Selborne, E. Selsdon, L. Serota, B. Sewel, L. Shannon, E. Sharples, B. Shaughnessy, L. Shaw of Northstead, L. Shepherd, L. Simon, V. Skelmersdale, L. Skidelsky, L. Slim, V. Slynn of Hadley, L. Smith, L. Smith of Gilmorehill, B. Soulsby of Swaffham Prior, L. Spens, L. Stallard, L. Stewartby, L. Stodart of Leaston, L. Stoddart of Swindon, L. Strabolgi, L. Strafford, E. Strathcarron, L. Strathclyde, L. Sudeley, L. Suffield, L. Swinfen, L. Taylor of Blackburn, L. Taylor of Gryfe, L. Taylor of Warwick, L. Tenby, V. Terrington, L. |
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Teviot, L. Teynham, L. Thomas of Gwydir, L. Thomson of Monifieth, L. Thurso, V. Tollemache, L. Tordoff, L. Torphichen, L. Trefgarne, L. Trumpington, B. Turner of Camden, B. Tweeddale, M. |
Ullswater, V. Varley, L. Vinson, L. Vivian, L. Waddington, L. Wade of Chorlton, L. Walpole, L. Warnock, B. Waverley, V. Weatherill, L. Wedderburn of Charlton, L. |
Wedgwood, L. Weidenfeld, L. Westbury, L. Whaddon, L. Wharton, B. Whitelaw, V. Whitty, L. Wilberforce, L. Williams of Elvel, L. Windlesham, L. Wise, L. Wyatt of Weeford, L. Young, B. |
PRAYERS were read by the Lord Bishop of Liverpool.
| 1. | Lord Cowdrey of Tonbridge—Sir Michael Colin Cowdrey, Knight CBE, having been created Baron Cowdrey of Tonbridge, of Tonbridge in the County of Kent, for life by Letters Patent dated 18th July 1997 (see appendix 1), was introduced between the Lord Bramall and the Lord Kingsdown, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. |
| 2. | Lord Russell-Johnston—Sir David Russell Russell-Johnston, Knight, having been created Baron Russell-Johnston, of Minginish in Highland, for life by Letters Patent dated in the afternoon of 21st July 1997 (see appendix 2), was introduced between the Lord Mackie of Benshie and the Lord Dahrendorf, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. |
Judicial Business
| 3. | Appeal Committee—The following Order was made pursuant to the 5th Report— |
British United Provident Association and others (Respondents) v. Commissioners of Customs and Excise (Petitioners)—That the petition be referred for hearing.
| 4. | Appeal Committee—The 18th Report was made; the Appeal Committee reported that they had met and heard Counsel; the Report was agreed to and the following Orders were made— |
Ward (Liquidator of Oasis Merchandising Services Limited) (Respondent) v. Aitken and others (Respondents) and London Wall Litigation Claims Limited (Petitioners)—That leave to appeal be refused; and that the petitioners do pay to the respondents the costs of the petition, the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.
Pioneer Electronics Capital Inc and Pioneer Electronics (USA) Inc. (Petitioners) v. Warner Music Manufacturing Europe GmbH and others (Respondents)—That leave to appeal be refused; and that the petitioners do pay to the respondents the costs of the petition, the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.
Regina v. Law Society (Respondents) ex parte Mortgage Express Limited (Petitioners)—That leave to appeal be refused; and that the petitioners do pay to the respondents the costs of the petition, the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.
Regina v. Law Society (Respondents) ex parte Alliance and Leicester Building Society (Petitioners)—That leave to appeal be refused; and that the petitioners do pay to the respondents the costs of the petition, the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.
| 5. | Appeal Committee—The 19th Report from the Appeal Committee was agreed to and the following Orders were made— |
In re B (a minor)—That leave to appeal be refused.
Keepers and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon (sued as a body corporate) (Respondents) v. Mayhew (Petitioner)—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.
Potato Marketing Board (Respondents) v. Hampden-Smith (Petitioner)—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.
A/S D/S Svenborg and others (Respondents) v. Wansa (trading as Melbourne Enterprises) (Petitioner) and one other action—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.
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O’Neill and another (Respondents) v. Phillips and others (Petitioners)—That the respondents be invited to lodge objections by 6th August.
Regina v. Commissioners of Inland Revenue (Respondents) ex parte Ulster Bank Limited (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.
Papers
| 6. | Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: |
| 1. | Accounts for 1996–97, together with the Report of the Comptroller and Auditor General, of— |
| (i) | the Sports Council for Northern Ireland’s Lottery Distribution— |
| (ii) | the Arts Council of Northern Ireland’s Lottery Distribution— |
| laid under the National Lottery etc. Act 1993; |
| 2. | Accounts for 1996–97, together with the Report of the Comptroller and Auditor General, of— |
| (i) | the Tate Gallery— |
| (ii) | the Museums and Galleries Commission— |
| laid under the Museums and Galleries Act 1992; |
| 3. | Accounts for 1996–97 of the British Tourist Authority, laid under the Development of Tourism Act 1969; |
| 4. | Report and Financial Statements for 1996–97 of English Partnerships, laid under the Leasehold Reform, Housing and Urban Development Act 1993; |
| 5. (i) | Report and Accounts for April–June 1997 of the Sheffield Development Corporation— |
| (ii) | Report and Accounts for 1996–97 of the Sheffield Development Corporation— |
| laid under the Local Government Planning and Land Act 1980; |
| 6. (i) | Report and Accounts for 1996–97 and Corporate Plan for 1997–2000 of Historic Scotland— |
| (ii) | Report and Accounts for 1996–97 of the Medical Devices Agency— |
| (iii) | Report and Accounts for 1996–97 of the Army Technical Support Agency— |
| laid under the Exchequer and Audit Departments Act 1921; |
| 7. | Report and Accounts for 1996–97 of the Training and Employment Agency, laid under the Exchequer and Audit Act (Northern Ireland) 1921. |
Private Business
| 7. | Alliance & Leicester plc (Group Reorganisation) Bill [HL] (formerly Girobank plc (Transfer) Bill [HL])—The bill was reported from the Unopposed Bill Committee with amendments. |
Select Committee Report
| 8. | Delegated Powers and Deregulation—The following Report from the Select Committee was made and ordered to be printed: |
4th Report, on the following bills:
Employment Rights (Dispute Resolution) Bill [HL]
Nuclear Explosions (Prohibition and Inspections) Bill [HL]
Magistrates’ Courts (Procedure) Bill [HL]. (HL Paper 22)
Public Business
| 9. | Lords’ Interests—The Chairman of Committees informed the House that the Committee for Privileges had, pursuant to the House’s resolution of 7th November 1995, appointed the following Sub-Committee on Lords’ Interests: |
E. Ferrers
L. Griffiths (Chairman)
L. Nathan
B. Serota
L. Wigoder
together with any two other Lords of Appeal.
| 10. | Education (Schools) Bill—The bill was read a third time; then, after debate, the bill was passed and returned to the Commons with an amendment. |
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| 11. | Local Government Finance (Supplementary Credit Approvals) Bill—It was moved by the Baroness Hayman 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. |
| 12. | Local Government Act 1988 (Competition) (Defined Activities) (Scotland) Amendment Order 1997—It was moved by the Lord Sewel that the draft Order laid before the House on 7th July be approved; after debate, the motion was agreed to. |
| 13. | Central and Local Government—The Lord Hunt of Tanworth asked Her Majesty’s Government what action they are taking following the report from the Select Committee on Relations between Central and Local Government: “Rebuilding Trust” (HL Paper 97, Session 1995–96); after debate, the question was answered by the Baroness Hayman. |
The House was adjourned at twenty-nine minutes before eight o’clock
till tomorrow ten o’clock for judicial business,
three o’clock for public business.
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 Sir Michael Colin Cowdrey Knight: Commander of Our Most Excellent Order of the British Empire to the state degree style dignity title and honour of Baron Cowdrey of Tonbridge of Tonbridge 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 Cowdrey of Tonbridge 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 eighteenth day of July 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 Sir David Russell Russell-Johnston Knight to the state degree style dignity title and honour of Baron Russell-Johnston of Minginish in Highland
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 Russell-Johnston 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 twenty-first day of June in the forty-sixth year of Our Reign
BY WARRANT UNDER THE QUEEN’S SIGN MANUAL