House of Lords Journal 231 (Session 1997-98)

Previous Next Thursday 30 October 1997 The House met at three o’clock. The following Lords Spiritual and Temporal were present: Irvine of Lairg, L. (Lord Chancellor) Aberdare, L. Ackner, L. Acton, L. Addington, L. Addison, V. Ailesbury, M. Ailsa, M. Alderdice, L. Alexander of Tunis, E. Allen of Abbeydale, L. Allenby of Megiddo, V. Ampthill, L. Anelay of St. Johns, B. Annaly, L. Annan, L. Archer of Weston-Super-Mare, L. Ashbourne, L. Ashley of Stoke, L. Astor of Hever, L. Avebury, L. Baldwin of Bewdley, E. Beaumont of Whitley, L. Beaverbrook, L. Belhaven and Stenton, L. Beloff, L. Berkeley, L. Blackstone, B. Blatch, B. Blease, L. Blyth, L. Page 289 1997-98 Volume 231       Boardman, L. Borrie, L. Boston of Faversham, L. Boyd-Carpenter, L. Brabazon of Tara, L. Bradford, E. Bridgeman, V. Brightman, L. Broadbridge, L. Brooke of Alverthorpe, L. Brooks of Tremorfa, L. Brougham and Vaux, L. Broughshane, L. Bruce of Donington, L. Bruntisfield, L. Burnham, L. Butterworth, L. Cadman, L. Caldecote, V. Callaghan of Cardiff, L. Calverley, L. Campbell of Alloway, L. Campbell of Croy, L. Carlisle, E. Carmichael of Kelvingrove, L. Carnock, L. Carter, L. Chapple, L. Charteris of Amisfield, L. Chelmsford, V. Chesham, L. Chorley, L. Clancarty, E. Clanwilliam, E. Clark of Kempston, L. Cledwyn of Penrhos, L. Clinton, L. Clinton-Davis, L. Clyde, L. Cockfield, L. Cocks of Hartcliffe, L. Coleraine, L. Colwyn, L. Constantine of Stanmore, L. Cooke of Thorndon, L. Cope of Berkeley, L. Cornwallis, L. Courtown, E. Cox, B. Craig of Radley, L. Craigavon, V. Cranborne, V. Cranbrook, E. Crathorne, L. Cross, V. Cullen of Ashbourne, L. Cumberlege, B. Dacre of Glanton, L. Dahrendorf, L. David, B. Davidson, V. Davies of Oldham, L. De Freyne, L. Dean of Beswick, L. Dean of Harptree, L. Denbigh, E. Denham, L. Denton of Wakefield, B. Desai, L. Dilhorne, V. Dixon, L. Dixon-Smith, L. Donaldson of Kingsbridge, L. Dormand of Easington, L. Downshire, M. Drogheda, E. Dubs, L. Eatwell, L. Effingham, E. Ellenborough, L. Elles, B. Elliott of Morpeth, L. Elton, L. Erroll, E. Evans of Parkside, L. Ezra, L. Falkland, V. Farrington of Ribbleton, B. Fitt, L. Flather, B. Fookes, B. Fraser of Carmyllie, L. Freyberg, L. Gainford, L. Gallacher, L. Garel-Jones, L. Geddes, L. Geraint, L. Gifford, L. Gillmore of Thamesfield, L. Gilmour of Craigmillar, L. Gisborough, L. Gladwin of Clee, L. Gladwyn, L. Glenamara, L. Glenarthur, L. Goff of Chieveley, L. Gordon of Strathblane, L. Goschen, V. Greenhill of Harrow, L. Greenway, L. Gregson, L. Grey, E. Gridley, L. Hailsham of Saint Marylebone, L. Halsbury, E. Hamwee, B. Harding of Petherton, L. Hardy of Wath, L. Harmar-Nicholls, L. Harris of Greenwich, L. Haskel, L. Hayhoe, L. Hayman, B. Hayter, L. Hemphill, L. Henley, L. Hilton of Eggardon, B. Hoffmann, L. Hogg of Cumbernauld, L. Holderness, L. Hollis of Heigham, B. Hooper, B. Hooson, L. Hope of Craighead, L. Howell, L. Howie of Troon, L. Hoyle, L. Hughes, L. Hughes of Woodside, L. Hunt of Wirral, L. Hussey of North Bradley, L. Hutchinson of Lullington, L. Hutton, L. Hylton-Foster, B. Ilchester, E. Inchcape, E. Inchyra, L. Inglewood, L. Ironside, L. Iveagh, E. Janner of Braunstone, L. Jay of Paddington, B. Jeffreys, L. Jeger, B. Jenkin of Roding, L. Jenkins of Hillhead, L. Jenkins of Putney, L. Johnston of Rockport, L. Judd, L. Kennet, L. Kilbracken, L. Kilmarnock, L. Kimball, L. King of Wartnaby, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kintore, E. Kirkhill, L. Kitchener, E. Knollys, V. Lane of Horsell, L. Lauderdale, E. Lawrence, L. Layton, L. Leathers, V. Leicester, Bp. Leigh, L. Lester of Herne Hill, L. Levene of Port Soken, L. Levy, L. Liverpool, E. Lloyd of Berwick, L. Lockwood, B. Long, V. Longford, E. Lowry, L. Lucas, L. Lucas of Chilworth, L. Ludford, B. Luke, L. McColl of Dulwich, L. McIntosh of Haringey, L. Mackay of Drumadoon, L. MacLaurin of Knebworth, L. MacLehose of Beoch, L. Macleod of Borve, B. McNair, L. McNally, L. Mar, C. Marlesford, L. Marsh, L. Masham of Ilton, B. Mason of Barnsley, L. Mayhew of Twysden, L. Merlyn-Rees, L. Page 290 1997-98 Volume 231 Back to top Merrivale, L. Mersey, V. Meston, L. Methuen, L. Miller of Hendon, B. Milner of Leeds, L. Milverton, L. Mishcon, L. Molloy, L. Molyneaux of Killead, L. Monckton of Brenchley, V. Monkswell, L. Monson, L. Montagu of Beaulieu, L. Moran, L. Morris of Castle Morris, L. Morris of Kenwood, L. Mottistone, L. Mountevans, L. Mowbray and Stourton, L. Moyne, L. Munster, E. Murton of Lindisfarne, L. Napier and Ettrick, L. Napier of Magdâla, L. Nathan, L. Nelson, E. Newby, L. Nicholls of Birkenhead, L. Nicol, B. Noel-Buxton, L. Norfolk, D. Norrie, L. Northbourne, L. Northesk, E. Norton, L. O’Cathain, B. Ogmore, L. Oxford, Bp. Oxfuird, V. Palmer, L. Park of Monmouth, B. Paul, L. Pearson of Rannoch, L. Peel, E. 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. Platt of Writtle, B. Plummer of St. Marylebone, L. Polwarth, L. Ponsonby of Shulbrede, L. Porter of Luddenham, L. Prys-Davies, L. Quirk, L. Ramsay of Cartvale, B. Randall of St. Budeaux, L. Rankeillour, L. Rawlinson of Ewell, L. Rea, L. Rees, L. Renton, L. Renwick, L. Richard, L. Richardson, L. Roberts of Conwy, L. Robson of Kiddington, B. Rotherwick, L. Rowallan, L. Runciman of Doxford, V. Russell, E. Sainsbury, L. Sainsbury of Preston Candover, L. St. Davids, V. St. John of Bletso, L. St. John of Fawsley, L. Saltoun of Abernethy, Ly. Sandwich, E. Saville of Newdigate, L. Seccombe, B. Selborne, E. Selkirk of Douglas, L. Sempill, L. Serota, B. Shannon, E. Shaughnessy, L. Shepherd, L. Shrewsbury, E. Simon, V. Simon of Glaisdale, L. Simon of Highbury, L. Slim, V. Smith of Gilmorehill, B. Spens, L. Stallard, L. Steel of Aikwood, L. Stewartby, L. Stockton, E. Stoddart of Swindon, L. Strabolgi, L. Strafford, E. Strathcarron, L. Strathclyde, L. Strathcona and Mount Royal, L. Sudeley, L. Swansea, L. Swinfen, L. Symons of Vernham Dean, B. Taverne, L. Taylor of Gryfe, L. Tenby, V. Teviot, L. Thatcher, B. Thomas of Gresford, L. Thomas of Gwydir, L. Thomson of Monifieth, L. Trenchard, V. Trumpington, B. Turner of Camden, B. Tweeddale, M. Tweedsmuir, L. Ullswater, V. Vivian, L. Walker of Worcester, L. Wallace of Coslany, L. Wallace of Saltaire, L. Walpole, L. Walton of Detchant, L. Waverley, V. Weatherill, L. Westbury, L. Whaddon, L. Wharton, B. White, B. Whitelaw, V. Whitty, L. Wigoder, L. Wilberforce, L. Williams of Elvel, L. Williams of Mostyn, L. Windlesham, L. Winston, L. Wise, L. Wolfson, L. Wright of Richmond, L. Wynford, L. Young, B. PRAYERS were read by the Lord Bishop of Oxford. Judicial Business 1. Kleinwort Benson Limited (Respondents) v. City of Glasgow District Council—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 25th January 1996 be set aside, that the Order of Mr. Justice Hirst of 27th February be restored and that the respondents do pay to the appellants their costs in the Court of Appeal, the costs of the reference to the European Court of Justice and their costs in this House; the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties. 2. Morris and others (Respondents) v. Rayners Enterprises Incorporated and another (Appellants)— 3. Morris and others (Respondents) v. Agrichemicals Limited and others (Appellants)— (Conjoined Appeals)— Page 291 1997-98 Volume 231 Back to top The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 20th December 1995 be affirmed and the appeal dismissed with costs; the amount of the costs in this House to be certified by the Clerk of the Parliaments if not agreed between the parties. 4. Sarrio SA (Respondents) v. Kuwait Investment Authority (Appellants)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 14th November 1996 and the second paragraph of the Order of the Court of Appeal of 12th August 1996 be set aside and the Order of Mr. Justice Mance of 13th October 1995 be restored, save that paragraph 1 be varied so as to decline jurisdiction under the second paragraph of Article 22 of the amended Brussels Convention; and that the respondents do pay to the appellants three-quarters of their costs in the Court of Appeal and their costs in this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties. The House was adjourned during pleasure. The House was resumed. 5. Lord Janner of Braunstone—Greville Ewan Janner Esquire QC (commonly called the Honourable Greville Ewan Janner), having been created Baron Janner of Braunstone, of Leicester in the County of Leicestershire, for life by Letters Patent dated in the forenoon of 25th October 1997 (see appendix 1), was introduced between the Lord Morris of Kenwood and the Lord Merlyn-Rees, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. 6. Lord Hunt of Wirral—The Right Honourable David James Fletcher Hunt MBE, having been created Baron Hunt of Wirral, of Wirral in the County of Merseyside, for life by Letters Patent dated in the afternoon of 20th October 1997 (see appendix 2), was introduced between the Lord Walker of Worcester and the Lord Weatherill, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. 7. Oaths—The following Lords took and subscribed the oath pursuant to statute: Henry Alexander Lord Polwarth Anthony Maurice Lord Gifford Papers 8. Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table: Works of Art—Report for 1996–97 of the Reviewing Committee on the Export of Works of Art. (3768) 9. Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table: Housing Benefit (Recovery of Overpayments) (No. 2) Regulations 1997, laid under the Social Security Administration Act 1992. (2619) 10. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: 1. Report for 1996–97 of the Scottish Law Commission, laid under the Law Commissions Act 1965; 2. Report for 1996–97 of the Serious Fraud Office, laid under the Criminal Justice Act 1987; 3. Report and Accounts for 1996–97 of the Oil and Pipelines Agency, laid under the Oil and Pipelines Act 1985; 4. Report and Accounts for 1996–97 of Food From Britain, laid under the Agricultural Marketing Act 1983; 5. (i) Report for 1996–97 of the Millennium Commission— (ii) Accounts for 1996–97 of the Millennium Commission, together with the Report of the Comptroller and Auditor General— (iii) Report for 1996–97 of the National Lottery Charities Board— (iv) Accounts for 1996–97 of the National Lottery Charities Board, together with the Report of the Comptroller and Auditor General—   laid under the National Lottery Etc. Act 1993. Private Business 11. Woodford Aerodrome (Control of Land by Directions) Order 1997—The Chairman of Committees reported that he had appointed the following Lords to form the Committee to join with a Committee of the Commons for the consideration of the Petition of General Objection against the Order: L. Boardman L. Gallacher L. Geraint; Page 292 1997-98 Volume 231 Back to top It was ordered that the Committee have power to agree with the Committee of the Commons in the appointment of a chairman; that the Committee do meet on Tuesday, 11th November, at three o’clock in Committee room 4; and that a message to be sent to the Commons to acquaint them therewith. Public Business 12. Public Processions etc. (Northern Ireland) Bill [HL]—It was moved by the Lord Dubs that the order of commitment of Tuesday last be discharged and that the bill be committed to a Grand Committee; the motion was agreed to. 13. Competition Bill [HL]—It was moved by the Lord Simon of Highbury 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. 14. Tourism on the Thames—The Lord Luke asked Her Majesty’s Government what plans they have to improve the potential for tourism on the River Thames in and near London; after debate, the question was answered by the Lord McIntosh of Haringey. The House was adjourned at nine minutes past nine o’clock to Monday next, 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 trusty and well beloved Greville Ewan Janner Esquire (commonly called the Honourable Greville Ewan Janner) one of Our Counsel learned in the Law to the state degree style dignity title and honour of Baron Janner of Braunstone of Leicester in Our County of Leicestershire 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 Janner of Braunstone 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-fifth day of October 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 David James Fletcher Hunt Member of Our Most Excellent Order of the British Empire to the state degree style dignity title and honour of Baron Hunt of Wirral of Wirral in Our County of Merseyside 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 Hunt of Wirral 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 twentieth day of October in the forty-sixth year of Our Reign BY WARRANT UNDER THE QUEEN’S SIGN MANUAL