House of Lords Journal 231 (Session 1997-98) |
Lords Journals Contents Index Alphabetical list of Lords Minutes and Order Papers |
Tuesday 21 October 1997 The House met at a quarter-past two o’clock. The following Lords Spiritual and Temporal were present: Irvine of Lairg, L.
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Glenamara, L. Glenarthur, L. Goschen, V. Gould of Potternewton, B. Graham of Edmonton, L. Grantchester, L. Gray, L. Gray of Contin, L. Greene of Harrow Weald, L. Greenhill of Harrow, L. Greenway, L. Grenfell, L. Grey, E. Griffiths of Fforestfach, L. Grimston of Westbury, L. Hacking, L. Haddington, E. Hailsham of Saint Marylebone, L. Halsbury, E. Hampton, L. Hamwee, B. Hanworth, V. Hardie, L. Harding of Petherton, L. Hardwicke, E. Hardy of Wath, L. Harlech, L. Harmar-Nicholls, L. Harris of Greenwich, L. Harrowby, E. Haskel, L. Hayhoe, L. Hayman, B. Hayter, L. Hemphill, L. Henderson of Brompton, L. Henley, L. Hogg of Cumbernauld, L. Holderness, L. Hollick, L. Hollis of Heigham, B. Holme of Cheltenham, L. HolmPatrick, L. Hooper, B. Hooson, L. Hope of Craighead, L. Hothfield, L. Howe, E. Howell, L. Howie of Troon, L. Hoyle, L. Hughes, L. Hughes of Woodside, L. Hunt of Tanworth, L. Hylton, L. Hylton-Foster, B. Ilchester, E. Inchcape, E. Inge, L. Inglewood, L. Ironside, L. Jay of Paddington, B. Jeffreys, L. Jeger, B. Jellicoe, E. Jenkin of Roding, L. Jenkins of Hillhead, L. Jenkins of Putney, L. Johnston of Rockport, L. |
Judd, L. Kenilworth, L. Kennet, L. Kilbracken, L. Kilmarnock, L. Kimball, L. King of Wartnaby, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kintore, E. Kirkhill, L. Lane, L. Lauderdale, E. Lawrence, L. Lawson of Blaby, L. Layton, L. Leathers, V. Leicester, Bp. Leigh, L. Lester of Herne Hill, L. Lindsay, E. Liverpool, E. Lockwood, B. Long, V. Longford, E. Lowry, L. Lucas, L. Lucas of Chilworth, L. Luke, L. McColl of Dulwich, L. McConnell, L. McFarlane of Llandaff, B. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Macleod of Borve, B. McNair, L. McNally, L. Mallalieu, B. 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. Middleton, L. Miller of Hendon, B. Milner of Leeds, L. Milverton, L. Mishcon, L. Molloy, L. Molyneaux of Killead, L. Monkswell, L. Montagu of Beaulieu, L. Monteagle of Brandon, L. Moore of Wolvercote, L. Moran, L. Morris of Castle Morris, L. Mottistone, L. Mountevans, L. Mountgarret, V. Mowbray and Stourton, L. Moyne, L. Moynihan, L. |
Munster, E. Murton of Lindisfarne, L. Napier and Ettrick, L. Nelson, E. Newall, L. Nicol, B. Noel-Buxton, L. Norrie, L. Northbourne, L. Northesk, E. Norton, L. Norwich, Bp. O’Cathain, B. Ogmore, L. Oppenheim-Barnes, B. Palmer, L. Park of Monmouth, B. Patten, L. Paul, L. Pearson of Rannoch, L. Pender, L. Perry of Southwark, B. Peston, L. Peyton of Yeovil, L. Pilkington of Oxenford, L. Plant of Highfield, L. Prentice, L. Prys-Davies, L. Raglan, L. Ramsay of Cartvale, B. Randall of St. Budeaux, L. Rankeillour, L. Rawlings, B. Rawlinson of Ewell, L. Rea, L. Redesdale, L. Rees, L. Renfrew of Kaimsthorn, L. Renton, L. Renton of Mount Harry, L. Renwick, L. Renwick of Clifton, L. Richard, L. Ridley, V. Ripon, Bp. Ritchie of Dundee, L. Rix, L. Robson of Kiddington, B. Rodgers of Quarry Bank, L. Roll of Ipsden, L. Rotherwick, L. Rowallan, L. Russell, E. Saatchi, L. Sainsbury, L. Sainsbury of Preston Candover, L. Sainsbury of Turville, L. St. Davids, V. St. John of Bletso, L. St. John of Fawsley, L. Saltoun of Abernethy, Ly. Sandford, L. Sandhurst, L. Sandwich, E. Savile, L. Scanlon, L. Seccombe, B. Sefton of Garston, L. Sempill, L. |
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Serota, B. Shannon, E. Sharples, B. Shaughnessy, L. Shaw of Northstead, L. Shepherd, L. Shore of Stepney, L. Shuttleworth, L. Simon, V. Simon of Glaisdale, L. Skelmersdale, L. Slim, V. Smith, L. Soper, L. Soulsby of Swaffham Prior, L. Spens, L. Stallard, L. Stewartby, L. Stodart of Leaston, L. Stoddart of Swindon, L. Stokes, L. Strabolgi, L. Strafford, E. Strange, B. Strathcarron, L. Strathclyde, L. |
Sudeley, L. Swansea, L. Swinfen, L. Taverne, L. Taylor of Blackburn, L. Taylor of Gryfe, L. Taylor of Warwick, L. Tenby, V. Terrington, L. Teviot, L. Thomas of Gresford, L. Thomas of Gwydir, L. Thomas of Swynnerton, L. Thomas of Walliswood, B. Thomson of Monifieth, L. Thurlow, L. Thurso, V. Tope, L. Tordoff, L. Torphichen, L. Trefgarne, L. Trumpington, B. Turner of Camden, B. Tweeddale, M. Ullswater, V. Vinson, L. |
Vivian, L. Waddington, L. Wade of Chorlton, L. Walker of Doncaster, L. Wallace of Coslany, L. Wallace of Saltaire, L. Walton of Detchant, L. Waverley, V. Weatherill, L. Wedderburn of Charlton, L. Westbury, L. White, B. Whitelaw, V. Whitty, L. Wigoder, L. Wilberforce, L. Wilcox, B. Williams of Elvel, L. Williams of Mostyn, L. Wilson of Tillyorn, L. Winchester, Bp. Winchilsea and Nottingham, E. Windlesham, L. Winston, L. Wise, L. Young, B. |
PRAYERS were read by the Lord Bishop of Chichester.
| 1. | Lord Renwick of Clifton—Sir Robin William Renwick KCMG, having been created Baron Renwick of Clifton, of Chelsea in the Royal Borough of Kensington and Chelsea, for life by Letters Patent dated in the forenoon of 26th September 1997 (see appendix 1), was introduced between the Baroness O’Cathain and the Lord Haskel, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. |
| 2. | Lord Walker of Doncaster—The Right Honourable Sir Harold Walker, Knight, having been created Baron Walker of Doncaster, of Audenshaw in the County of Greater Manchester, for life by Letters Patent dated in the afternoon of 26th September 1997 (see appendix 2), was introduced between the Lord Mason of Barnsley and the Baroness Dean of Thornton-le-Fylde, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. |
| 3. | Lord Sainsbury of Turville—David John Sainsbury Esquire, having been created Baron Sainsbury of Turville, of Turville in the County of Buckinghamshire, for life by Letters Patent dated in the forenoon of 3rd October 1997 (see appendix 3), was introduced between the Lord Sainsbury and the Lord Hollick, 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. | Regina v. Basingstoke County Court (Respondents) ex parte De Souza (Petitioner) (lodged 16th September)—The petition of Gavin Lawrence De Souza praying for leave to appeal was presented and referred to an Appeal Committee. |
| 5. | Cook (A.P.) (Petitioner) v. Financial Insurance Company Limited (Respondents)—The petition of Jeffery Harry Cook praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged. |
| 6. | National Trust for places of historic interest or natural beauty (Respondents) v. Knipe and another (A.P.) (Petitioners)—The petition of Donald Richard Knipe and Richard George Knipe praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners’ legal aid certificates were lodged. |
| 7. | City Council of Bristol (Appellants) v. Lovell (A.P.) (Respondent)—The appellants’ statement having been lodged on 15th October the cause was set down for hearing and referred to an Appellate Committee. |
| 8. | Jameson and another (Respondents) v. Central Electricity Generating Board (Appellants) and another—The Order of the 6th October referring to an Appeal Committee the petition of the appellants praying that the appeal be restored and that the time for lodging their security for costs be extended until the determination of the petition was discharged; and the petition was ordered as prayed. It was further ordered, that the statement and appendix thereto be lodged on or before 2nd December next. |
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| 9. | Regina v. London Borough of Harrow (Appellants) ex parte Fahia (A.P.) (Respondent)—The respondent’s legal aid certificate was lodged. |
| 10. | Stanley (A.P.) (Petitioner) v. Director of Public Prosecutions (Respondent)—The petitioner’s legal aid certificate was lodged. |
| 11. | Appeal Committee—The following Orders were made pursuant to the 24th Report— |
Propend Finance Pty Limited and others (Petitioners) v. Sing and another (Respondents)—That the petition be referred for hearing.
Hammond (Petitioner) v. Secretary of State for the Environment and others (Respondents)—That the petition be referred for hearing.
Clare (Petitioner) v. Mirror Group Newspapers and others (Respondents)—That leave to appeal be given, and that the petition of appeal be lodged by 4th November next.
| 12. | Appeal Committee—The 28th Report from the Appeal Committee was agreed to and the following Order was made— |
Regina v. Secretary of State for the Home Department (Respondent) ex parte Kerrouche (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 respondent be at liberty to apply for 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.
Papers
| 13. | Command Papers—The following papers, having been presented to the House by command of Her Majesty on the dates shown, were ordered to lie on the Table: |
| 1. | Pollution—Adjustments to the Montreal Protocol on Substances that Deplete the Ozone Layer; (17th October) |
| (3778) |
| 2. | Animals—Report for 1996 of the Animal Procedures Committee; (21st October) |
| (3777) |
| 3. | Monopolies and Mergers—MMC Report on the proposed transfer to Mirror Group plc of the newspapers of Midland Independent Newspapers plc. (21st October) |
| (3762) |
| 14. | Statutory Instruments (Standing Order 68)—The following negative instruments, having been laid before the House on the dates shown, were ordered to lie on the Table: |
| 1. | National Health Service (Fund-Holding Practices Audit) (Scotland) Regulations 1997, laid under the National Health Service (Scotland) Act 1978; (17th October) |
| (2469) |
| 2. | National Health Service (Optical Charges and Payments) (Scotland) Amendment (No. 2) Regulations 1997, laid under the National Health Service (Scotland) Act 1978; (20th October) |
| (2492) |
| 3. | Police (Property) Regulations (Northern Ireland) 1997, laid under the Police (Property) Act 1897; (20th October) |
| (—) |
| 4. | Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997, laid under the Road Traffic Regulation Act 1984; (20th October) |
| (2400) |
| 5. (i) | National Health Service (Optical Charges and Payments) Amendment Regulations 1997—(20th October) | (2488) |
| 6. (ii) | Oxleas National Health Service Trust (Transfer of Trust Property) Order 1997—(20th October) | (2453) |
| laid under the National Health Service Act 1977. |
| 15. | Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table: |
Local Government Pension Scheme (Burnley and Pendle Transport Company Limited) Regulations 1997, laid under the Superannuation Act 1972.
(2467)
Public Business
| 16. | Magistrates’ Courts (Procedure) Bill [HL]—The report was received. |
| 17. | Local Government Finance (Supplementary Credit Approvals) Bill—The report was received. |
| 18. | Local Government (Contracts) Bill—The House resolved itself into a Committee upon the bill; amendments were agreed to; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed and the bill was reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 36) |
| 19. | Employment Rights (Dispute Resolution) Bill [HL]—The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed and the bill was reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 37) |
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| 20. | Tobacco advertising and motorsport—The Lord Astor of Hever asked Her Majesty’s Government what effects a ban on tobacco advertising and sponsorship would have on the British motorsport industry; after debate, the question was answered by the Lord McIntosh of Haringey. |
The House was adjourned at sixteen minutes before ten o’clock
till tomorrow, a quarter-past two 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 Sir Robin William Renwick Knight Commander of Our Most Distinguished Order of Saint Michael and Saint George to the state degree style dignity title and honour of Baron Renwick of Clifton of Chelsea in Our Royal Borough of Kensington and Chelsea
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 Renwick of Clifton 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 twenty-sixth day of September 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 Sir Harold Walker Knight to the state degree style dignity title and honour of Baron Walker of Doncaster of Audenshaw in Our County of Greater Manchester
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 Walker of Doncaster 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-sixth day of September 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 David John Sainsbury Esquire to the state degree style dignity title and honour of Baron Sainsbury of Turville of Turville in Our County of Buckinghamshire
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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 Sainsbury of Turville 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 third day of October in the forty-sixth year of Our Reign
BY WARRANT UNDER THE QUEEN’S SIGN MANUAL