House of Lords Journal 231 (Session 1997-98) |
Lords Journals Contents Index Alphabetical list of Lords Minutes and Order Papers |
Thursday 31 July 1997 The House met at eleven o’clock. The following Lords Spiritual and Temporal were present:
Page 219
|
|
Grantley, L. Greene of Harrow Weald, L. Greenway, L. Grey, E. Hacking, L. Haig, E. Halsbury, E. Hardie, L. Harding of Petherton, L. Harmar-Nicholls, L. Harris of Greenwich, L. Haskel, L. Hayhoe, L. Hayman, B. Headfort, M. Hilton of Eggardon, B. Holderness, L. Hollis of Heigham, B. HolmPatrick, L. Home, E. Hooper, B. Hooson, L. Howe, E. Hoyle, L. Hughes, L. Hylton-Foster, B. Ilchester, E. Inge, L. Ironside, L. Jeffreys, L. Jeger, B. Jellicoe, E. Judd, L. Kennet, L. Kilbracken, L. Kinloss, Ly. Kinnoull, E. Kirkhill, L. Kitchener, E. Lane, L. Lauderdale, E. Lawrence, L. Lawson of Blaby, L. Layton, L. Leathers. Leigh, L. Lestor of Eccles, L. Long, V. Longford, E. Lowry, L. Lucas, L. Lucas of Chilworth, L. Luke, L. Lyell, L. McConnell, L. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Mackie of Benshie, L. McNair, L. McNally, L. |
Mallalieu, B. Mar and Kellie, E. Marlesford, L. Marsh, L. Merlyn-Rees, L. Merrivale, L. Miller of Hendon, B. Milner of Leeds, L. Milverton, L. Mishcon, L. Molloy, L. Monkswell, L. Monson, L. Montagu of Beaulieu, L. Montgomery of Alamein, V. Montrose, D. Morris of Castle Morris, L. Mountevans, L. Moyne, L. Munster, E. 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. Park of Monmouth, B. Paul, L. Pearson of Rannoch, L. Pender, L. Perry of Walton, L. Peston, L. Peyton of Yeovil, L. Phillips of Ellesmere, L. Pilkington of Oxenford, L. Plant of Highfield, L. Platt of Writtle, B. Ponsonby of Shulbrede, L. Prys-Davies, L. Pym, L. Quinton, L. Quirk, L. Ramsay of Cartvale, B. Rankeillour, L. Rea, L. Redesdale, L. Renfrew of Kaimsthorn, L. Renton, L. Renwick, L. Richard, L. Ritchie of Dundee, L. Rix, L. Rodgers of Quarry Bank, L. Rogers of Riverside, L. Rotherwick, L. |
Rowallan, L. Russell-Johnston, L. St. Davids, V. St. John of Bletso, L. St. John of Fawsley, L. Saltoun of Abernethy, Ly. Seccombe, B. Sefton of Garston, L. Selborne, E. Sempill, L. Sewel, L. Shannon, E. Shaughnessy, L. Sheffield, Bp. Shepherd, L. Shore of Stepney, L. Simon, V. Simon of Glaisdale, L. Simon of Highbury, L. Skelmersdale, L. Smith of Gilmorehill, B. Spens, L. Stallard, L. Steel of Aikwood, L. Stodart of Leaston, L. Strabolgi, L. Strafford, E. Strathcarron, L. Strathclyde, L. Swansea, L. Swinfen, L. Symons of Vernham Dean, B. Taylor of Blackburn, L. Taylor of Gryfe, L. Taylor of Warwick, L. Terrington, L. Teviot, L. Teynham, L. Thomas of Walliswood, B. Thomson of Monifieth, L. Tope, L. Trenchard, V. Trumpington, B. Turner of Camden, B. Tweeddale, M. Tweedsmuir, L. Ullswater, V. Vivian, L. Waverley, V. Weatherill, L. Wedderburn of Charlton, L. Westbury, L. Whaddon, L. Wharton, B. Whitty, L. Williams of Crosby, B. Williams of Mostyn, L. Winston, L. Wise, L. Young, B. |
PRAYERS were read by the Lord Bishop of Sheffield.
Judicial Business
| 1. | Simmons (Respondent) v. Simmons (Petitioner) (lodged 28th April)—The petition of Rajah Mackie Simmons 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. |
Page 2201997-98
Volume 231
Back to top
| 2. | Gerald R Smith & Partners and others (Respondents) v. Wylie (Petitioner) (lodged 14th March)—The petition of Beryl Margaret Wylie 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. |
| 3. | McConnell (Petitioner) v. Police Authority for Northern Ireland (Respondents) (Northern Ireland) (lodged 30th July)—The petition of Thomas McConnell praying for leave to appeal was presented and referred to an Appeal Committee. |
| 4. | Longden (Respondent) v. British Coal Corporation (Appellants)—The order of 2nd October last referring the cause to an Appellate Committee was discharged. |
| 5. | Appeal Committee—The following Order was made pursuant to the 10th Report— |
Secretary of State for the Home Department (Petitioner) v. Adan (Respondent)—That leave to appeal be given, and that the petition of appeal be lodged by 14th August next.
| 6. | Appeal Committee—The following Order was made pursuant to the 13th Report— |
Smith (Petitioner) v. Chief Constable of Wiltshire Constabulary and others (Respondents)—That leave to appeal be given, and that the petition of appeal be lodged by 14th August next.
| 7. | Appeal Committee—The 25th Report from the Appeal Committee was agreed to and the following Orders were made— |
Broxton (Petitioner) v. McClelland and others (Respondents)—That leave to appeal be refused.
Swan Hill Developments Limited and others (Respondents) v. British Waterways Board (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.
London Borough of Barking and Dagenham (Respondents) v. Stamford Asphalt Company Limited (Petitioners) and General Accident Fire and Life Assurance Corporation plc (Respondents) and another—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.
MacBenn (A.P.) (An infant suing by his father and next friend Julian Barry MacBenn) (Petitioner) v. Ireland (Respondent)—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 respondent be at liberty to apply for her 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.
Simmons (Respondent) v. Simmons (Petitioner)—That leave to appeal be refused.
Gerald R Smith & Partners and another (Respondents) v. Wylie (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.
Papers
| 8. | Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table: |
| 1. | Environment—Government Response to the 4th Report (Session 96–97) of the House of Commons Environment Committee on Shopping Centres; |
| (3729) |
| 2. | Data Protection—Data Protection: the Government’s Proposals; |
| (3725) |
| 3. | Prisons—Prison Statistics for England and Wales 1996. |
| (3732) |
| 9. | Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table: |
Draft Homeless Persons (Priority Need) (Scotland) Order 1997.
| 10. | Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: |
| 1. (i) | Ecclesiastical Judges and Legal Officers (Fees) Order 1997— | (1889) |
| (ii) | Legal Officers (Annual Fees) Order 1997— | (1890) |
| (iii) | Parochial Fees Order 1997— | (1891) |
| laid under the Ecclesiastical Fees Measure 1986; |
| 2. | Telecommunications (Voice Telephony) Regulations 1997, laid under the European Communities Act 1972; |
| (1886) |
| 3. | Wireless Telegraphy (Licence Charges) (Amendment No. 2) Regulations 1997, laid under the Wireless Telegraphy Act 1949; |
| (1885) |
Page 2211997-98
Volume 231
Back to top
| 4. | Trading Schemes (Exclusion) (Amendment) Regulations 1997, laid under the Fair Trading Act 1973; |
| (1887) |
| 5. (i) | Family Proceedings Courts (Children Act 1989) (Amendment) Rules 1997— | (1895) |
| (ii) | Family Proceedings Courts (Matrimonial Proceedings etc.) (Amendment) Rules 1997— | (1894) |
| laid under the Magistrates’ Courts Act 1980; |
| 6. (i) | Family Law Act 1996 (Part IV) (Allocation of Proceedings) Order 1997— | (1896) |
| (ii) | Family Law Act 1996 (Modification of Enactments) Order 1997— | (1898) |
| laid under the Family Law Act 1996; |
| 7. | Children (Allocation of Proceedings) (Amendment) Order 1997, laid under the Children Act 1989; |
| (1897) |
| 8. | Family Proceedings (Amendment No. 3) Rules 1997, laid under the Matrimonial and Family Proceedings Act 1984. |
| 11. | 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 by the Independent Monitor, laid under the Asylum and Immigration Appeals Act 1993; |
| 2. | Accounts for 1996–97, together with the Report of the Comptroller and Auditor General, of the— |
| (i) | Scottish Sports Council National Lottery Fund— |
| (ii) | Arts Council of England Lottery Distribution Fund— |
| laid under the National Lottery etc. Act 1993; |
| 3. | Accounts for 1996–97 of the Scottish Tourist Board, together with the Report of the Comptroller and Auditor General, laid under the Development of Tourism Act 1969; |
| 4. | Accounts for 1995–96 of the General Lighthouse Fund, laid under the Merchant Shipping Act 1995; |
| 5. (i) | Report and Accounts for 1996–97 of the Vehicle Certification Agency— |
| (ii) | Accounts for April to September 1996 of the Teachers’ Pension Agency— |
| (iii) | Report and Accounts for 1996–97 of the Defence Analytical Services Agency— |
| laid under the Exchequer and Audit Departments Act 1921. |
Select Committee Report
| 12. | European Communities—The 6th Report from the Select Committee, Enhancing Parliamentary Scrutiny of the Third Pillar, was made; it was ordered that the Report be printed, together with the Minutes of Evidence. (HL Paper 25) |
| 13. | Hailsham Cattle Market Bill [HL]—The Examiner’s certificate that the further Standing Orders had been complied with was ordered to lie on the Table and the bill was committed to a Select Committee. |
Public Business
| 14. | Succession to the Crown Bill [HL]—A bill to remove any distinction between the sexes in determining the succession to the Crown, was presented by the Lord Archer of Weston-Super-Mare, read a first time and ordered to be printed. (HL Bill 31) |
| 15. | Parliamentary Privilege—It was moved by the Lord Privy Seal (Lord Richard) that the Commons message of yesterday be now considered and that a Select Committee of six Lords be appointed to join with the Committee appointed by the Commons, as the Joint Committee on Parliamentary Privilege, to review parliamentary privilege and make recommendations thereon; |
That, as proposed by the Committee of Selection, the Lords following be named of the Committee:
| L. Archer of Sandwell L. Mayhew of Twysden L. Merlyn-Rees | L. Nicholls of Birkenhead L. Waddington L. Wigoder |
That the Committee have power to agree with the Commons in the appointment of a Chairman;
That the Committee have leave to report from time to time;
That the Committee have power to appoint Specialist Advisers;
That the Minutes of Evidence taken before the Committee from time to time shall, if the Committee think fit, be printed and delivered out;
Page 2221997-98
Volume 231
Back to top
That the Attorney General, the Lord Advocate, the Solicitor General and the 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; the motion was agreed to, and a message was ordered to be sent to the Commons to acquaint them therewith.
| 16. | Referendums (Scotland and Wales) Bill—The Commons reasons and amendments were considered; certain Lords amendments were not insisted on and the amendments in lieu thereof were agreed to; and the remaining Lords amendments were not insisted on. |
| 17. | Finance Bill—It was moved by the Lord McIntosh of Haringey that the bill be now read a second time; after debate, the motion was agreed to and the Committee was negatived; then, Standing Order 44 having been dispensed with, the bill was read a third time and passed. |
| 18. | Aerodromes—The Lord Rotherwick asked Her Majesty’s Government whether they are satisfied with the range of provisions and facilities at aerodromes; after debate, the question was answered by the Baroness Hayman. |
| 19. | Royal Assent—The Lord Speaker (Viscount Oxfuird) notified the Queen’s Assent to the following Acts: |
| Appropriation (No. 2) Act | c. 57 |
| Finance (No. 2) Act | c. 58 |
| Education (Schools) Act | c. 59 |
| Law Officers Act | c. 60 |
| Referendums (Scotland and Wales) Act | c. 61 |
| King’s College London Act | c. iii |
The House was adjourned at twenty-four minutes past four o’clock
to Tuesday 14th October, half-past two o’clock except for judicial business.