House of Lords Journal 231 (Session 1997-98)

Previous Next Page 213 1997-98 Volume 231       Wednesday 30 July 1997 The House met at two o’clock. The following Lords Spiritual and Temporal were present: Irvine of Lairg, L. (Lord Chancellor) Aberdare, L. Abinger, L. Ackner, L. Addington, L. Addison, V. Ailesbury, M. Ailsa, M. Airlie, E. Alexander of Tunis, E. Allen of Abbeydale, L. Allenby of Megiddo, V. Alport, L. Ampthill, L. Anelay of St. Johns, B. Annaly, L. Archer of Weston-Super-Mare, L. Arran, E. Ashley of Stoke, L. Astor of Hever, L. Attlee, E. Avebury, L. Baldwin of Bewdley, E. Balfour, E. Balfour of Inchrye, L. Barber of Tewkesbury, L. Barnett, L. Beaumont of Whitley, L. Beaverbrook, L. Belhaven and Stenton, L. Beloff, L. Biddulph, L. Birdwood, L. Blaker, L. Blatch, B. Blease, L. Blyth, L. Boardman, L. Borrie, L. Boston of Faversham, L. Bowness, L. Boyd-Carpenter, L. Brabazon of Tara, L. Brooks of Tremorfa, L. Brougham and Vaux, L. Browne-Wilkinson, L. Bruce of Donington, L. Buchan, E. Burnham, L. Burton, L. Butterworth, L. Cadman, L. Callaghan of Cardiff, L. Calverley, L. Cameron of Lochbroom, L. Campbell of Alloway, L. Campbell of Croy, L. Carew, L. Carlisle, E. Carlisle of Bucklow, L. Carmichael of Kelvingrove, L. Carnegy of Lour, B. Carr of Hadley, L. Carrick, E. Carter, L. Chalfont, L. Chalker of Wallasey, B. Charteris of Amisfield, L. Chesham, L. Chichester, Bp. Clancarty, E. Clark of Kempston, L. Clifford of Chudleigh, L. Cockfield, L. Cocks of Hartcliffe, L. Coleraine, L. Coleridge, L. Colwyn, L. Constantine of Stanmore, L. Cooke of Thorndon, L. Cottesloe, L. Courtown, E. Cox, B. Craig of Radley, L. Craigavon, V. Cranborne, V. Cranbrook, E. Crathorne, L. Crickhowell, L. Croham, L. Cross, V. Cuckney, L. Cullen of Ashbourne, L. Cumberlege, B. Dahrendorf, L. Darcy de Knayth, B. Davidson, V. De Freyne, L. Dean of Beswick, L. Dean of Harptree, L. Denbigh, E. Denton of Wakefield, B. Devonport, V. Dilhorne, V. Donaldson of Kingsbridge, L. Donegall, M. Donoughue, L. Dormand of Easington, L. Downshire, M. Dundee, E. Dundonald, E. Eatwell, L. Eccles of Moulton, B. Effingham, E. Elis-Thomas, L. Ellenborough, L. Elles, B. Elliott of Morpeth, L. Elton, L. Erroll, E. Erroll of Hale, L. Evans of Parkside, L. Ezra, L. Falkland, V. Farrington of Ribbleton, B. Ferrers, E. Fisher, L. Fisher of Rednal, B. Flather, B. Fraser of Carmyllie, L. Freyberg, L. Gainford, L. Gainsborough, E. Gardner of Parkes, B. Geraint, L. Gisborough, L. Glenamara, L. Glenarthur, L. Goschen, V. Grade, L. Graham of Edmonton, L. Gray, L. Greenway, L. Gregson, L. Grey, E. Hacking, L. Haig, E. Hailsham of Saint Marylebone, L. Halsbury, E. Hamilton of Dalzell, L. Hamwee, B. Hardie, L. Harding of Petherton, L. Hardwicke, E. Harlech, L. Harmar-Nicholls, L. Harris of Greenwich, L. Harrowby, E. Haskel, L. Hayhoe, L. Hayter, L. Headfort, M. Hilton of Eggardon, B. Hoffmann, L. Hogg, B. Holderness, L. Hollis of Heigham, B. HolmPatrick, L. Hooper, B. Hooson, L. Hope of Craighead, L. Howe, E. Howell of Guildford, L. Hoyle, L. Hughes, L. Hunt of Tanworth, L. Hussey of North Bradley, L. Hylton-Foster, B. Ilchester, E. Inchcape, E. Inchyra, L. Inge, L. Ironside, L. Iveagh, E. Jeffreys, L. Jenkin of Roding, L. Johnston of Rockport, L. Page 214 1997-98 Volume 231 Back to top Judd, L. Kennet, L. Kilbracken, L. Kimball, L. King of Wartnaby, L. Kinloss, Ly. Kinnoull, E. Kirkhill, L. Knollys, V. Lauderdale, E. Lawrence, L. Layton, L. Leigh, L. Lester of Herne Hill, L. Lestor of Eccles, B. Lloyd of Berwick, L. Lloyd-George of Dwyfor, E. Lockwood, B. Lofthouse of Pontefract, L. Long, V. Longford, E. Lowry, L. Lucas, L. Lucas of Chilworth, L. Luke, L. Lyell, L. Macclesfield, E. McCluskey, 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. Manton, L. 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. Middleton, L. Miller of Hendon, B. Mills, V. Milner of Leeds, L. Milverton, L. Mishcon, L. Molloy, L. Molyneaux of Killead, L. Monkswell, L. Monson, L. Montagu of Beaulieu, L. Montrose, D. Moran, L. Morris of Castle Morris, L. Mountevans, L. Moyne, L. Moynihan, L. Munster, E. Murray of Epping Forest, L. Napier and Ettrick, L. Napier of Magdâla, L. Nelson, E. Newall, L. Nickson, L. Nicol, B. Noel-Buxton, L. Norfolk, D. Norrie, L. Northbrook, L. Northesk, E. Norton, L. O’Cathain, B. Ogmore, L. Onslow, E. 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 Southwark, B. Perry of Walton, L. Peston, L. Peyton of Yeovil, L. Phillimore, L. Phillips of Ellesmere, L. Pilkington of Oxenford, L. Plant of Highfield, L. Platt of Writtle, B. Plummer of St. Marylebone, L. Ponsonby of Shulbrede, L. Porter of Luddenham, L. Prior, L. Prys-Davies, L. Pym, L. Quirk, L. Ramsay of Cartvale, B. Rankeillour, L. Rea, L. Redesdale, L. Rees, L. Renfrew of Kaimsthorn, L. Renton, L. Renwick, L. Richard, L. Rix, L. Roger of Earlsferry, L. Rodgers of Quarry Bank, L. Rodney, L. Romney, E. Rosslyn, E. Rowallan, L. Roxburghe, D. Runcie, L. Russell-Johnston, L. Sainsbury, L. Saint Albans, D. St. Davids, V. St. John of Bletso, L. St. John of Fawsley, L. Saltoun of Abernethy, Ly. Sanderson of Bowden, L. Seccombe, B. Sefton of Garston, L. Sempill, L. Serota, B. Sewel, L. Shannon, E. Shaughnessy, L. Shaw of Northstead, L. Sheffield, Bp. Shepherd, L. Simon, V. Simon of Glaisdale, L. Skelmersdale, L. Skidelsky, L. Smith, L. Smith of Gilmorehill, B. Soulsby of Swaffham Prior, L. Stallard, L. Steel of Aikwood, L. Stewartby, L. Steyn, L. Stockton, E. Stodart of Leaston, L. Stoddart of Swindon, L. Strabolgi, L. Strafford, E. Strathalmond, L. Strathcarron, L. Strathclyde, L. Sudeley, L. Swansea, L. Swinfen, L. Symons of Vernham Dean, B. Taylor of Blackburn, L. Taylor of Gryfe, L. Taylor of Warwick, L. Tenby, V. Terrington, L. Teviot, L. Teynham, L. Thomas of Gresford, L. Thomas of Gwydir, L. Thomas of Swynnerton, L. Thomson of Monifieth, L. Thurlow, L. Thurso, V. Tope, L. Trumpington, B. Tryon, L. Turner of Camden, B. Tweeddale, M. Ullswater, V. Vinson, L. Waddington, L. Walker of Worcester, L. Warnock, B. Waverley, V. Weatherill, L. Wedderburn of Charlton, L. Weir, V. Wellington, D. Westbury, L. Whaddon, L. Wharton, B. Whitty, L. Wilcox, B. Williams of Crosby, B. Williams of Mostyn, L. Wise, L. Wright of Richmond, L. Wyatt of Weeford, L. Young, B. Younger of Prestwick, L. Page 215 1997-98 Volume 231 Back to top PRAYERS were read by the Lord Bishop of Sheffield. Judicial Business 1. Regina v. Chief Constable of the Royal Ulster Constabulary ex parte Begley (A.P.) (Appellant) (Northern Ireland)— 2. Regina v. McWilliams (Appellant) (Northern Ireland)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that, in the case of Begley, the Order of the High Court of Justice in Northern Ireland of 28th March 1996 be affirmed and the appeal dismissed; that the question certified by the High Court of Justice on 18th April 1996 be answered in the negative; and that there be no order as to costs save that the costs of the Appellant be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. In the case of McWilliams it was ordered and adjudged that the Order of the Court of Appeal in Northern Ireland of 20th September 1996 be affirmed and the appeal dismissed. 3. Regina v. Westminster City Council (Appellants) ex parte A (Respondent) (England)—The appeal of the Lord Mayor and citizens of the City of Westminster was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 10th August next. 4. Clare (Petitioner) v. Mirror Group Newspapers and others (Respondents) (lodged 17th June)—The petition of Lorraine Ann Clare praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XII; the said petition was referred to an Appeal Committee. 5. Hewitt and others (Petitioners) v. Roche Products Ltd (Respondents) (lodged 13th January)—The petition of Geoffrey Hewitt and 19 others praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XII; the said petition was referred to an Appeal Committee. 6. Newton (Petitioner) and others v. John Wyeth and Brother Limited (Respondents) (lodged 13th January)—The petition of Maureen Joyce Newton praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XII; the said petition was referred to an Appeal Committee. 7. Newton and others (Petitioners) v. John Wyeth and Brother Limited (Respondents) (lodged 13th January)—The petition of Jean Baskerville and 14 others praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XII; the said petition was referred to an Appeal Committee. 8. Governor and Company of the Bank of Scotland (Respondents) v. Brunswick Developments (1987) Limited and another (Appellants) (Scotland)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs, the respondents having signified their consent thereto within the time limited by Standing Order. 9. Appeal Committee—The 24th Report from the Appeal Committee was agreed to and the following Orders were made— State Bank of India (Respondents) v. Soni (A.P.) (Petitioner)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c) and if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties. Beattie (A.P.) (Petitioner) v. British Steel plc (Respondents)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c) and if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties. Monk (A.P.) (Petitioner) v. British Steel plc (Respondents)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c) and if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties. Propend Finance Pty Limited and others (Petitioners) v. Sing and another (Respondents)—That the respondents be invited to lodge objections by 13th August next. Hammond (Petitioner) v. Secretary of State for the Environment and others (Respondents)—That the respondents be invited to lodge objections by 13th August next. Clare (Petitioner) v. Mirror Group Newspapers and others (Respondents)—That the respondents be invited to lodge objections by 13th August next. Hewitt and others (Petitioners) v. Roche Products Ltd (Respondents)—That leave to appeal be refused. Page 216 1997-98 Volume 231 Back to top Newton (Petitioner) and others v. John Wyeth and Brother Limited (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. Newton and others (Petitioners) v. John Wyeth and Brother Limited (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. The House was adjourned during pleasure. The House was resumed. 10. Oath—Lew Lord Grade took and subscribed the oath pursuant to statute. 11. Leave of Absence—Leave of absence was granted to the Lord Chancellor for tomorrow. 12. Succession to the Crown—The Queen’s answer to the Address of 7th July was delivered by the Lord Chamberlain (Earl of Airlie) and read, as follows: I have received your Address and, relying on the wisdom of my Parliament, I desire that my prerogative and interest, insofar as they relate to the succession to the Crown, should not stand in the way of the consideration by Parliament during the present session of any measure providing for the removal of any distinction between the sexes in determining the succession to the Crown. Papers 13. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table: 1. Monopolies and Mergers— (i) MMC Report on Domestic Electrical Goods: I. A report on the supply in the UK of video cassette recorders, hi-fi systems and camcorders; (3675-I and II) (ii) MMC Report on Domestic Electrical Goods: II. A report on the supply in the UK of washing machines, tumble driers, dishwashers and cold food storage equipment; (3676-I and II) 2. Intellectual Property Rights—World Intellectual Property Organisation (WIPO) Performances and Phonograms Treaty;   (3728) 3. Education and Libraries—Accounts for 1995–96 of the Department of Education for Northern Ireland’s Education and Library Boards;   (3717) 4. Disarmament—Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;   (3727) 5. Hong Kong—Report for January to June 1997 on Hong Kong;   (3719) 6. Social Security—Report by the Social Security Advisory Committee on the Social Security (Lone Parents) (Amendment) Regulations 1997;   (3713) 7. Prisons—Report for 1996 of the Prisons Ombudsman.   (3687) 14. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: 1. (i) Leasehold Valuation Tribunals (Service Charges, Insurance or Appointment of Managers Applications) Order 1997— (1853) (ii) Leasehold Valuation Tribunals (Fees) Order 1997— (1852)   laid under the Landlord and Tenant Act 1985; 2. Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) (Amendment) Regulations 1997, laid under the Rent Act 1977;   (1854) 3. Homelessness (Suitability of Accommodation) (Amendment) Order 1997, laid under the Housing Act 1996;   (1741) 4. Lotteries (Gaming Board Fees) Order 1997, laid under the Lotteries and Amusements Act 1976;   (1783) 5. Banking Act 1987 (Exempt Transactions) (Amendment) Regulations 1997, laid under the Banking Act 1987;   (1866) 6. (i) Social Security (Lone Parents) (Amendment) Regulations 1997— (1790) (ii) Council Tax Benefit (General) Amendment Regulations 1997— (1841)   laid under the Social Security Contributions and Benefits Act 1992; 7. Social Security (Attendance Allowance and Disability Living Allowance) (Miscellaneous Amendments) Regulations 1997, laid under the Social Security Administration Act 1992;   (1839) 8. Education (School Teachers’ Pay and Conditions) (No. 2) Order 1997, laid under the School Teachers’ Pay and Conditions Act 1991;   (1789) 9. Statement of Changes in Immigration Rules, laid under the Immigration Act 1971; Page 217 1997-98 Volume 231 Back to top 10. Fish Health Regulations 1997, laid under the European Communities Act 1972.   (1881) 15. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: 1. (i) Report and Accounts for 1996–97 of the Valuation Office Agency, together with the Report of the Comptroller and Auditor General— (ii) Report and Accounts for 1996–97 of the Child Support Agency— (iii) Report and Accounts for 1996–97 of the Civil Service College— (iv) Accounts for 1996–97 of the Scottish Record Office— (v) Report and Accounts for 1996–97 of the Scottish Office Pensions Agency— (vi) Report and Accounts for 1996–97 of the Scottish Agricultural Science Agency—   laid under the Exchequer and Audit Departments Act 1921; 2. Accounts for 1996–97 of the Welsh Language Board, together with the Report of the Comptroller and Auditor General, laid under the Welsh Language Act 1993; 3. Report for 1996–97 of the Building Societies Commission, laid under the Building Societies Act 1986; 4. Report for 1996–97 of the Secretaries of State for Trade and Industry, Scotland and Wales, laid under the Industrial Development Act 1982; 5. Report for the year ending 19th June 1997 of the Governor of Hong Kong to the Secretary of State for the Home Department, laid under the British Nationality (Hong Kong) Act 1990; 6. Reports for 1996–97 of the— (i) National Portrait Gallery— (ii) National Gallery—   laid under the Museums and Galleries Act 1992; 7. Accounts for 1996–97 of the Coal Authority, together with the Report of the Comptroller and Auditor General, laid under the Coal Industry Act 1994; 8. Accounts for 1996–97 of the Broadcasting Standards Council, together with the Report of the Comptroller and Auditor General, laid under the Broadcasting Act 1990; 9. Report for 1996 of the Registrar General for Scotland, laid under the Registration of Births, Deaths and Marriages (Scotland) Act 1965; 10. Review for 1996–97 of Scottish Homes, laid under the Housing (Scotland) Act 1988; 11. Accounts for 1996–97 of the National Radiological Protection Board, together with the Report of the Comptroller and Auditor General, laid under the Radiological Protection Act 1970; 12. Accounts for 1993–95 and 1995–96 of the National Debt Commissioners Gilt-edged Official Operations, together with the Report of the Comptroller and Auditor General, laid under the Finance Act 1993; 13. Report for 1996 of the Insolvency Service, laid under the Insolvency Act 1986. Public Business 16. British Nationality (St. Helena) Bill [HL]—A bill to provide for the acquisition of British citizenship by persons having connections with St. Helena, was presented by the Earl of Iveagh, read a first time and ordered to be printed. (HL Bill 28) 17. Finance Bill—A bill to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with Finance, was brought from the Commons endorsed with the certificate of the Speaker that the bill is a money bill, read a first time and ordered to be printed. (HL Bill 29) 18. Business of the House—It was moved by the Lord Privy Seal (Lord Richard) that Standing Order 44 (No two stages of a bill to be taken on one day) be dispensed with on Thursday 31st July to enable the Finance Bill to be taken through all its stages that day; the motion was agreed to. 19. House of Lords’ Offices—It was moved by the Chairman of Committees that the 2nd Report from the Select Committee (HL Paper 20) be agreed to; after debate, the motion was agreed to. 20. Devolution in Scotland and Wales—It was moved by the Lord Sewel that this House take note of the Government’s proposals for devolution in Scotland and in Wales, as set out in the White Papers “Scotland’s Parliament” (Cm 3658) and “A Voice for Wales—the Government’s proposals for a Welsh Assembly” (Cm 3718); after debate, the motion was agreed to. 21. Referendums (Scotland and Wales) Bill—The bill was returned from the Commons with certain amendments agreed to; with certain other amendments disagreed to but with amendments proposed in lieu thereof; and with the remaining amendments disagreed to with reasons for such disagreement; the Commons amendments and reasons were ordered to be printed. (HL Bill 30) Page 218 1997-98 Volume 231 Back to top 22. Parliamentary Privilege—A message was brought from the Commons that they have ordered: That a Select Committee of seven Members be appointed to join with a Committee to be appointed by the Lords, as the Joint Committee on Parliamentary Privilege, to review parliamentary privilege and make recommendations thereon; That three be the Quorum of the Committee; That the Committee shall have power to send for persons, papers and records; to sit notwithstanding any Adjournment of the House; to report from time to time; and to appoint specialist advisers to supply information which is not readily available or to elucidate matters of complexity within the Committee’s order of reference; That Mr. Attorney General, the Lord Advocate, Mr. Solicitor General and Mr. Solicitor General for Scotland, being Members of either House, may attend the Committee, may take part in deliberations, may receive Committee papers and may give such other assistance to the Committee as may be appropriate, but shall not vote or make any Motion or move any Amendment or be counted in the Quorum. 23. Salmon—The Lord Nickson asked Her Majesty’s Government what is their response to the Report of the Scottish Salmon Strategy Task force; and what action they intend to take following the Report; after debate, the question was answered by the Lord Sewel. The House was adjourned at ten minutes past eleven o’clock till tomorrow, eleven o’clock.