House of Lords Journal 231 (Session 1997-98)

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Friday 25 July 1997

The House met at eleven o’clock.

The following Lords Spiritual and Temporal were present:

Irvine of Lairg, L.
(Lord Chancellor)

Aberdare, L.
Addington, L.
Addison, V.
Ailsa, M.
Alexander of Tunis, E.
Allenby of Megiddo, V.
Ampthill, L.
Archer of Sandwell, L.
Archer of Weston-Super-Mare, L.
Arran, E.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Baker of Dorking, L.
Beaumont of Whitley, L.
Belhaven and Stenton, L.
Berkeley, L.
Biddulph, L.
Blake, L.
Blatch, B.
Blyth, L.
Bowness, L.
Bridges, L.
Brigstocke, B.
Broadbridge, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Burnham, L.
Cadman, L.
Campbell of Alloway, L.
Campbell of Croy, L.
Carew, L.
Carlisle, E.
Carter, L.
Chalker of Wallasey, B.
Clancarty, E.
Clanwilliam, E.
Cocks of Hartcliffe, L.

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Colwyn, L.
Cooke of Thorndon, L.
Cowdrey of Tonbridge, L.
Cowley, E.
Cox, B.
Craigavon, V.
Cumberlege, B.
Davidson, V.
De Freyne, L.
Dean of Beswick, L.
Denbigh, E.
Denton of Wakefield, B.
Desai, L.
Devonport, V.
Donaldson of Kingsbridge, L.
Dormand of Easington, L.
Dunrossil, V.
Elles, B.
Elliott of Morpeth, L.
Evans of Parkside, L.
Falkland, V.
Farrington of Ribbleton, B.
Fisher, L.
Freyberg, L.
Gage, V.
Gainford, L.
Gardner of Parkes, B.
Geraint, L.
Gladwin of Clee, L.
Goschen, V.
Graham of Edmonton, L.
Greenway, L.
Hacking, L.
Hamilton of Dalzell, L.
Hampden, V.
Harding of Petherton, L.
Harris of Greenwich, L.
Harrowby, E.
Haskel, L.
Hayhoe, L.
Hayman, B.
Hayter, L.
Headfort, M.
Holderness, L.
Hooper, B.
Hooson, L.
Howie of Troon, L.
Hoyle, L.
Kenilworth, L.
Kennet, L.
Kilbracken, L.
Kingsland, L.
Kinnoull, E.
Kirkhill, L.
Lane, L.
Lauderdale, E.
Layton, L.
Leathers, V.
Leicester, E.
Leigh, L.
Lindsey and Abingdon, E.
Liverpool, Bp.
Longford, E.
Lowry, L.
Lucas, L.
Lyell, L.
McCarthy, L.
McConnell, L.
McIntosh of Haringey, L.
Mackay of Ardbrecknish, L.
McNair, L.
McNally, L.
Marsh, L.
Masham of Ilton, B.
Merlyn-Rees, L.
Milverton, L.
Mishcon, L.
Molloy, L.
Monk Bretton, L.
Monkswell, L.
Monson, L.
Montrose, D.
Morris of Castle Morris, L.
Mountevans, L.
Moyne, L.
Moynihan, L.
Munster, E.
Napier and Ettrick, L.
Newall, L.
Newton, L.
Noel-Buxton, L.
Norrie, L.
Northesk, E.
Norton, L.
O’Cathain, B.
Oxfuird, V.
Peston, L.
Phillimore, L.
Phillips of Ellesmere, L.
Pilkington of Oxenford, L.
Ponsonby of Shulbrede, L.
Prior, L.
Prys-Davies, L.
Quirk, L.
Rankeillour, L.
Rawlings, B.
Rea, L.
Renton, L.
Renwick, L.
Richard, L.
Richardson, L.
Rotherwick, L.
Runcie, L.
St. John of Bletso, L.
St. John of Fawsley, L.
Seccombe, B.
Selborne, E.
Sempill, L.
Shannon, E.
Shaughnessy, L.
Simon, V.
Skelmersdale, L.
Strabolgi, L.
Strathcarron, L.
Swinfen, L.
Teviot, L.
Teynham, L.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Tordoff, L.
Trefgarne, L.
Trumpington, B.
Turner of Camden, B.
Tweeddale, M.
Ullswater, V.
Vivian, L.
Waddington, L.
Waverley, V.
Wedderburn of Charlton, L.
Wedgwood, L.
Westbury, L.
Wigoder, L.
Williams of Elvel, L.
Winston, L.
Wise, L.
Wrenbury, L.

PRAYERS were read by the Lord Bishop of Liverpool.

1.Oath—Garret Graham Earl Cowley took and subscribed the oath pursuant to statute.

Judicial Business

2.Regina v. London Borough of Harrow (Appellants) ex parte Fahia (Respondent) (lodged 21st July) (England)—The appeal of the London Borough of Harrow was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 5th September next; and it was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.


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

Employment—Aliens’ Employment Act 1955: Return for 1996–97.


4.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.National Health Service (Pilot Schemes: Financial Assistance for Preparatory Work) Regulations 1997, laid under the National Health Service (Primary Care) Act 1997;

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2. (i)Draft Nottinghamshire Fire Services (Combination Scheme) Order 1997—
(ii)Draft Lancashire Fire Services (Combination Scheme) Order 1997—
 laid under the Fire Services Act 1947.
5.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Report and Accounts for 1996–97 of the—
(i)Defence Animal Centre—
(ii)Government Property Lawyers—
(iii)Driver and Vehicle Licensing Agency—
 laid under the Exchequer and Audit Departments Act 1921;
2.Report and Accounts for 1996–97 of the Local Government Commission for England, laid under the Local Government Act 1992;
3.Accounts for 1996–97 of the Commission for the New Towns, laid under the New Towns Act 1981;
4.Report and Accounts for 1996–97 of the Environment Agency, laid under the Environment Act 1995;
5.Report and Accounts for 1996–97 of the—
(i)Land Authority for Wales—
(ii)Cardiff Bay Development Corporation—
 laid under the Local Government Planning and Land Act 1980;
6.Report and Accounts for 1996–97 of—
(i)the North of Scotland Water Authority—
(ii)East of Scotland Water—
(iii)the West of Scotland Water Authority—
 laid under the Local Government etc. (Scotland) Act 1994.

Public Business

6.Employment Rights (Dispute Resolution) Bill [HL]—It was moved by the Lord Archer of Sandwell 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.
7.Law Officers Bill [HL]—The bill was returned from the Commons agreed to.
8.Allocation of Housing (Reasonable and Additional Preference) Regulations 1997—It was moved by the Baroness Hayman that the draft Regulations laid before the House on 26th June be approved; the motion was agreed to.
9.Transport and Works (Guided Transport Modes) (Amendment) Order 1997—It was moved by the Baroness Hayman that the draft Order laid before the House on 7th July 1997 be approved; after debate, the motion was agreed to.
10.Hailsham Cattle Market Bill [HL]—It was moved by the Lord Kenilworth that the bill be now read a second time; then it was moved by the Lord Beaumont of Whitley, as an amendment thereto, to leave out (“now”) and at end to insert (“this day six months”); after debate, the amendment was (by leave of the House) withdrawn; then the original motion was agreed to and the bill was referred to the Examiners; then it was moved by the Lord Monk Bretton, that it be an instruction to the Select Committee to whom the bill is committed that they should consider:
(a)the relationship between the market company and Carter Commercial Developments, the joint promoters of the bill and South East Marts Limited, including any contractual arrangements between the parties and any third parties relating to the property of the market;
(b)the possibility of other bodies taking over the operation of the market; and
(c)what alternative arrangements could be made for the establishment and maintenance of a Cattle Market in the Hailsham area, prior to the closure of the existing market, which would be both viable and sufficient for the needs of the local farming community and other market users;

the motion was agreed to; then it was moved by the Lord Wrenbury, that it be an instruction to the Select Committee to whom the bill is committed that they should consider the circumstances in which other markets managed by South East Marts Limited have been closed and the extent to which provision was made for their replacement, and the likelihood of the closure of the market at Guildford; the motion was agreed to.

The House was adjourned at twenty-one minutes before four o’clock
to Monday next, half-past two o’clock.