House of Lords Journal 231 (Session 1997-98) |
Lords Journals Contents Index Alphabetical list of Lords Minutes and Order Papers |
Tuesday 28 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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Blatch, B. Blease, L. Blyth, L. Borrie, L. Boston of Faversham, L. Bowness, L. Boyd-Carpenter, L. Brabazon of Tara, L. Brentford, V. Bridge of Harwich, L. Bridgeman, V. Bridges, L. Brightman, L. Broadbridge, L. Brooke of Alverthorpe, L. Brookeborough, V. Brooks of Tremorfa, L. Brougham and Vaux, L. Broughshane, L. Bruce of Donington, L. Bruntisfield, L. Burnham, L. Butterfield, L. Cadman, L. Callaghan of Cardiff, L. Calverley, L. Campbell of Alloway, L. Campbell of Croy, L. Carlisle, E. Carmichael of Kelvingrove, L. Carnegy of Lour, B. Carnock, L. Carter, L. Chapple, L. Charteris of Amisfield, L. Chesham, L. Chichester, Bp. Clancarty, E. Clark of Kempston, L. Cledwyn of Penrhos, L. Clinton-Davis, L. Cockfield, L. Cocks of Hartcliffe, L. Coleraine, L. Coleridge, L. Colwyn, L. Constantine of Stanmore, L. Cooke of Islandreagh, L. Cooke of Thorndon, L. Cope of Berkeley, L. Cornwallis, L. Courtown, E. Cowdrey of Tonbridge, L. Cox, B. Craig of Radley, L. Craigavon, V. Cranborne, V. Cranbrook, E. Crathorne, L. Crawshaw, L. Crickhowell, L. Croham, L. Crook, L. Cross, V. Cullen of Ashbourne, L. Cumberlege, B. Darcy de Knayth, B. David, B. Davidson, V. |
Davies of Coity, L. Davies of Oldham, L. De Freyne, L. Dean of Beswick, L. Dean of Harptree, L. Dean of Thornton-le-Fylde, B. Denbigh, E. Denham, L. Denton of Wakefield, B. Derwent, L. Desai, L. Dilhorne, V. Dixon, L. Dixon-Smith, L. Donaldson of Kingsbridge, L. Donaldson of Lymington, L. Donoughue, L. Dormand of Easington, L. Downshire, M. Dubs, L. Eccles of Moulton, B. Effingham, E. Elibank, L. Elis-Thomas, L. Ellenborough, L. Elles, B. Elliott of Morpeth, L. Elton, L. Ely, Bp. Erroll, E. Evans of Parkside, L. Exmouth, V. Ezra, L. Falkland, V. Farrington of Ribbleton, B. Feldman, L. Ferrers, E. Fisher, L. Fisher of Rednal, B. Fitt, L. Flather, B. Fookes, B. Fraser of Carmyllie, L. Freyberg, L. Gainford, L. Gallacher, L. Geddes, L. Geraint, L. Gillmore of Thamesfield, L. Gilmour of Craigmillar, L. Gisborough, L. Gladwin of Clee, L. Gladwyn, L. Glenamara, L. Glenarthur, L. Gordon of Strathblane, L. Gormanston, V. Goschen, V. Graham of Edmonton, L. Grantchester, L. Gray of Contin, L. Greenhill of Harrow, L. Greenway, L. Gregson, L. Grenfell, L. Grey, E. Hacking, L. Hailsham of Saint Marylebone, L. Halsbury, E. |
Hampton, L. Hardie, L. Harding of Petherton, L. Hardwicke, E. Hardy of Wath, L. Harlech, L. Harmar-Nicholls, L. Harris of Greenwich, L. Haskel, L. Hayhoe, L. Hayman, B. Healey, L. Hemphill, L. Henley, L. Hilton of Eggardon, B. Hindlip, L. Hogg of Cumbernauld, L. Holderness, L. Hollis of Heigham, B. Holme of Cheltenham, L. Hooper, B. Hooson, L. Howe, E. Howell, L. Howell of Guildford, L. Howie of Troon, L. Hoyle, L. Hughes, L. Hughes of Woodside, L. Huntingdon, E. Hylton-Foster, B. Ilchester, E. Inge, L. Inglewood, L. Ironside, L. Iveagh, E. 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. Kenyon, L. Kilbracken, L. Kilmarnock, L. Kimball, L. Kindersley, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kintore, E. Kirkhill, L. Kitchener, E. Knollys, V. Lane of Horsell, L. Lang of Monkton, L. Lauderdale, E. Lawrence, L. Lawson of Blaby, L. Layton, L. Leathers, V. Leigh, L. Lester of Herne Hill, L. Lestor of Eccles, B. Lindsay, E. |
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Liverpool, E. Lloyd-George of Dwyfor, E. Lockwood, B. Long, V. Longford, E. Lowry, L. Lucas of Chilworth, L. Luke, L. McCarthy, L. McColl of Dulwich, L. Macfarlane of Bearsden, L. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Mackie of Benshie, L. Macleod of Borve, B. McNally, L. 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. Monk Bretton, L. Monkswell, L. Monson, L. Moran, L. Morris of Castle Morris, L. Morris of Manchester, L. Mottistone, L. Mountevans, L. Mountgarret, V. Mowbray and Stourton, L. Moyne, L. Moynihan, L. Munster, E. Murray of Epping Forest, L. Murton of Lindisfarne, L. Napier and Ettrick, L. Napier of Magdâla, L. Nelson, E. Newall, L. Newby, L. Nicol, B. Noel-Buxton, L. Northbourne, L. Northbrook, L. Northesk, E. Norton, L. Oppenheim-Barnes, B. Oxford, Bp. Oxfuird, V. |
Palmer, L. Park of Monmouth, B. Patten, L. Paul, L. Pearson of Rannoch, L. Pender, L. Perry of Southwark, B. Perry of Walton, L. Perth, E. Peston, L. Peyton of Yeovil, L. Pilkington of Oxenford, L. Plant of Highfield, L. Plummer of St. Marylebone, L. Ponsonby of Shulbrede, L. Pym, L. Quirk, L. Ramsay of Cartvale, B. Randall of St. Budeaux, L. Rankeillour, L. Rathcavan, L. Rawlings, B. Rawlinson of Ewell, L. Rea, L. Rees, L. Rees-Mogg, L. Renfrew of Kaimsthorn, L. Rennell, L. Renton, L. Renwick, L. Renwick of Clifton, L. Richard, L. Richardson, L. Ritchie of Dundee, L. Rix, L. Roberts of Conwy, L. Robson of Kiddington, B. Rochester, L. Rodgers of Quarry Bank, L. Roll of Ipsden, L. Romney, E. Rowallan, L. Runciman of Doxford, V. Russell, E. Sainsbury, L. Saint Albans, D. St. Davids, V. St. John of Fawsley, L. Saltoun of Abernethy, Ly. Sanderson of Bowden, L. Sandford, L. Sandwich, E. Seccombe, B. Sefton of Garston, L. Selborne, E. Selkirk of Douglas, L. Sempill, L. Serota, B. Shannon, E. Sharples, B. Shaughnessy, L. Shaw of Northstead, L. Shepherd, L. |
Simon, V. Simon of Glaisdale, L. Skelmersdale, L. Slim, V. Smith, L. Smith of Gilmorehill, B. Soper, L. Soulsby of Swaffham Prior, L. Stafford, L. Stallard, L. Stanley of Alderley, L. Steel of Aikwood, L. Stewartby, L. Stodart of Leaston, L. Stoddart of Swindon, L. Strabolgi, L. Strange, B. Strathcarron, L. Strathclyde, L. Strathcona and Mount Royal, L. Strathmore and Kinghorne, E. Sudeley, L. Suffolk and Berkshire, E. Swansea, L. Swinfen, L. Taverne, L. Taylor of Gryfe, L. Taylor of Warwick, L. Tenby, V. Teviot, L. Teynham, L. Thomas of Gresford, L. Thomas of Gwydir, L. Thomas of Walliswood, B. Thomson of Monifieth, L. Thurlow, L. Trefgarne, L. Trumpington, B. Tugendhat, L. Turner of Camden, B. Ullswater, V. Vivian, L. Waddington, L. Wade of Chorlton, L. Walker of Doncaster, L. Wallace of Coslany, L. Wallace of Saltaire, L. Waverley, V. Weatherill, L. Westbury, L. Wharton, B. Whitelaw, V. Whitty, L. Wigoder, L. Wilberforce, L. Wilcox, B. Williams of Crosby, B. Williams of Elvel, L. Williams of Mostyn, L. Winchilsea and Nottingham, E. Wise, L. Wright of Richmond, L. Young, B. Zouche of Haryngworth, L. |
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PRAYERS were read by the Lord Bishop of Oxford.
| 1. | Lord Selkirk of Douglas—The Right Honourable James Alexander Douglas-Hamilton QC (commonly called Lord James Alexander Douglas-Hamilton), having been created Baron Selkirk of Douglas, of Cramond in the City of Edinburgh, for life by Letters Patent dated in the forenoon of 29th September 1997 (see appendix 1), was introduced between the Lord Crathorne and the Lord Renton, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. |
| 2. | Lord Lang of Monkton—The Right Honourable Ian Bruce Lang, having been created Baron Lang of Monkton, of Merrick and the Rhinns of Kells in Dumfries and Galloway, for life by Letters Patent dated in the afternoon of 29th September 1997 (see appendix 2), was introduced between the Lord Strathclyde and the Lord Fraser of Carmyllie, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. |
| 3. | Lord Gordon of Strathblane—James Stuart Gordon Esquire CBE, having been created Baron Gordon of Strathblane, of Deil’s Craig in Stirling, for life by Letters Patent dated in the forenoon of 4th October 1997 (see appendix 3), was introduced between the Lord Healey and the Baroness Smith of Gilmorehill, 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. | Ingram and another (Appellants) v. Commissioners of Inland Revenue (Respondents) (England)—The appeal of Michael Warren Ingram and Christopher David Palmer-Tomkinson was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 9th December next. |
Papers
| 5. | Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table: |
| 1. | Draft Transport and Works (Description of Works Interfering with Navigation) (Amendment) Order 1997; |
| 2. | Draft General Lighthouse Authorities (Beacons: Maritime Differential Correction Systems) Order 1997; |
| 3. | Draft Industrial Pollution Control (Northern Ireland) Order 1997; |
| 4. | Draft Waste and Contaminated Land (Northern Ireland) Order 1997; |
| 5. | Draft Shops (Sunday Trading &c.) (Northern Ireland) Order 1997; |
| 6. | Draft Civil Evidence (Northern Ireland) Order 1997; |
| 7. | Draft Deregulation (Northern Ireland) Order 1997. |
| 6. | Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: |
| 1. | Licensing (Fees) (Variation) Order 1997, laid under the Licensing Act 1964; |
| (2501) |
| 2. | Health and Safety (Fees) Regulations 1997, laid under the Health and Safety at Work etc. Act 1974; |
| (2505) |
| 3. | Local Government Act 1988 (Defined Activities) (Exemption) (Reigate and Banstead Borough Council, Vale of White Horse District Council and Aylesbury Vale District Council) Order 1997, laid under the Local Government Act 1988; |
| (2502) |
| 4. (i) | Surface Waters (Fishlife) (Classification) (Scotland) Regulations 1997— | (2471) |
| (ii) | Surface Waters (Shellfish) (Classification) (Scotland) Regulations 1997— | (2470) |
| laid under the Control of Pollution Act 1974; |
| 5. (i) | Draft ACAS Code of Practice on Disciplinary practice and procedures in employment— | (—) |
| (ii) | Draft ACAS Code of Practice on Disclosure of information to trade unions for collective bargaining purposes— | (—) |
| (iii) | Draft ACAS Code of Practice on Time off for trade union duties and activities— | (—) |
| laid under the Trade Union and Labour Relations (Consolidation) Act 1992. |
| 7. | 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 of the National Museum of Wales, together with the Report of the Comptroller and Auditor General, laid under the Museums and Galleries Act 1992; |
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| 2. (i) | Accounts for 1996–97 of the Engineering and Physical Sciences Research Council, together with the Report of the Comptroller and Auditor General— |
| (ii) | Report for 1996–97 of the Engineering and Physical Sciences Research Council— |
| laid under the Science and Technology Act 1965; |
| 3. (i) | Accounts for 1996–97 of the Parole Board for England and Wales, together with the Report of the Comptroller and Auditor General— |
| (ii) | Report for 1996–97 of the Parole Board— |
| laid under the Criminal Justice Act 1991; |
| 4. | Accounts for 1996–97 of the Sports Council for Wales Lottery Distribution, together with the Report of the Comptroller and Auditor General, laid under the National Lottery etc. Act 1993; |
| 5. | Report for 1996–97 by the Department of Trade and Industry on the exercise of powers contained in the European Communities Act 1972 and the Customs and Excise Duties (General Reliefs) Act 1979, laid under the European Communities Act 1972; |
| 6. | Report for 1996–97 of Her Majesty’s Chief Inspector of Constabulary, laid under the Police Act 1996. |
Select Committee Report
| 8. | Statutory Instruments—The 10th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments: |
Fishing Vessels (Decommissioning) Scheme 1997;
Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) Order 1997;
Draft Homeless Persons (Priority Need) (Scotland) Order 1997;
it was ordered that the Report be printed. (HL Paper 29)
Public Business
| 9. | Magistrates’ Courts (Procedure) Bill [HL]—The bill was read a third time; an amendment was agreed to; then the bill was passed and sent to the Commons. |
| 10. | Local Government Finance (Supplementary Credit Approvals) Bill—The bill was read a third time and, after debate, passed. |
| 11. | Local Government (Contracts) Bill—The report was received. |
| 12. | Public Processions etc. (Northern Ireland) Bill [HL]—It was moved by the Lord Dubs 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. |
| 13. | Ministerial Code—The Lord Campbell of Croy asked Her Majesty’s Government what are the reasons for the new components and features of the “Ministerial Code” which has replaced “Questions of Procedure for Ministers” and was made public on 31st July; after debate, the question was answered by the Lord McIntosh of Haringey. |
The House was adjourned at twenty-three minutes before eight 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 Counsellor James Alexander Douglas-Hamilton (commonly called Lord James Alexander Douglas-Hamilton) one of Our Counsel learned in the Law to the state degree style dignity title and honour of Baron Selkirk of Douglas of Cramond in Our City of Edinburgh
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 Selkirk of Douglas 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
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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-ninth 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 Ian Bruce Lang to the state degree style dignity title and honour of Baron Lang of Monkton of Merrick and the Rhinns of Kells in Dumfries and Galloway
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 Lang of Monkton 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-ninth 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 trusty and well beloved James Stuart Gordon Esquire Commander of Our Most Excellent Order of the British Empire to the state degree style dignity title and honour of Baron Gordon of Strathblane of Deil’s Craig in Stirling
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 Gordon of Strathblane 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 fourth day of October in the forty-sixth year of Our Reign
BY WARRANT UNDER THE QUEEN’S SIGN MANUAL