House of Lords Journal 231 (Session 1997-98)

Previous Next Page 313 1997-98 Volume 231       Monday 10 November 1997 The House met at a quarter-past two o’clock. The following Lords Spiritual and Temporal were present: Irvine of Lairg, L. (Lord Chancellor) Ackner, L. Acton, L. Addington, L. Addison, V. Ailesbury, M. Ailsa, M. Alexander of Tunis, E. Allen of Abbeydale, L. Allenby of Megiddo, V. Amos, B. Ampthill, L. Anelay of St. Johns, B. Annan, L. Archer of Sandwell, L. Archer of Weston-Super-Mare, L. Ashbourne, L. Ashley of Stoke, L. Astor of Hever, L. Avebury, L. Barnett, L. Bath and Wells, Bp. Beaumont of Whitley, L. Beaverbrook, L. Belhaven and Stenton, L. Beloff, L. Berkeley, L. Birdwood, L. Birmingham, Bp. Blatch, B. Blyth, L. Boardman, L. Borrie, L. Boston of Faversham, L. Bowness, L. Boyd-Carpenter, L. Brabazon of Tara, L. Braine of Wheatley, L. Brentford, V. Bridgeman, V. Bridges, L. Brightman, L. Broadbridge, L. Brooks of Tremorfa, L. Brougham and Vaux, L. Broughshane, L. Bruce of Donington, L. Bruntisfield, L. Burlison, L. Butterfield, L. Butterworth, L. Cadman, L. Caithness, E. Caldecote, V. Calverley, L. Campbell of Alloway, L. Campbell of Croy, L. Carlisle, E. Carlisle, Bp. Carmichael of Kelvingrove, L. Carnegy of Lour, B. Carnock, L. Carter, L. Carver, L. Chapple, L. Charteris of Amisfield, L. Chelmsford, V. Chesham, L. Chichester, Bp. Chorley, L. Clancarty, E. Clanwilliam, E. Clark of Kempston, L. Cledwyn of Penrhos, L. Cockfield, L. Cocks of Hartcliffe, L. Coleraine, L. Coleridge, L. Colville of Culross, V. Colwyn, L. Constantine of Stanmore, L. Cooke of Thorndon, L. Cope of Berkeley, L. Courtown, E. Cox, B. Craig of Radley, L. Craigavon, V. Cranborne, V. Cranworth, L. Crathorne, L. Crickhowell, L. Cromwell, L. Cross, V. Cuckney, L. 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. Deedes, L. Denbigh, E. Denton of Wakefield, B. Desai, L. Dholakia, L. Dixon, L. Donaldson of Kingsbridge, L. Donegall, M. Dormand of Easington, L. Eatwell, L. Elis-Thomas, L. Elles, B. Elliott of Morpeth, L. Elton, L. Erne, E. Erroll, E. Evans of Parkside, L. Ewing of Kirkford, L. Ezra, L. Falkland, V. Farrington of Ribbleton, B. Fitt, L. Flowers, L. Fookes, B. Fraser of Carmyllie, L. Freyberg, L. Gainford, L. Geddes, L. Geraint, L. Gilbert, L. Gillmore of Thamesfield, L. Gladwin of Clee, L. Gordon of Strathblane, L. Gormanston, V. Goschen, V. Gould of Potternewton, B. Graham of Edmonton, L. Gray of Contin, L. Greenway, L. Gregson, L. Grenfell, L. Grey, E. Hacking, L. Hailsham of Saint Marylebone, L. Halsbury, E. Hamwee, B. Hankey, L. Hanworth, V. Harding of Petherton, L. Hardwicke, E. Hardy of Wath, L. Harris of Greenwich, L. Hayhoe, L. Hayman, B. Hayter, L. Hemphill, L. Henderson of Brompton, L. Henley, L. Hilton of Eggardon, B. Hogg of Cumbernauld, L. Holderness, L. Holme of Cheltenham, L. HolmPatrick, L. Hooper, B. Hooson, L. Hope of Craighead, L. Howe, E. Howell of Guildford, L. Howie of Troon, L. Hoyle, L. Hughes, L. Hughes of Woodside, L. Hunt of Kings Heath, L. Hunt of Wirral, L. Hutchinson of Lullington, L. Page 314 1997-98 Volume 231 Back to top Hylton-Foster, B. Ilchester, E. Inchcape, E. Inchyra, L. Inge, L. Ironside, L. Iveagh, E. Janner of Braunstone, L. Jeffreys, L. Jeger, B. Jellicoe, E. Jenkins of Hillhead, L. Jenkins of Putney, L. Johnston of Rockport, L. Jopling, L. Judd, L. Kenilworth, L. Kennedy of the Shaws, B. Kilbracken, L. Kilmarnock, L. Kimball, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kintore, E. Lane of Horsell, L. Lang of Monkton, L. Lauderdale, E. Lawrence, L. Layton, L. Leathers, V. Leigh, L. Liverpool, E. Lockwood, B. London, Bp. Long, V. Longford, E. Lowry, L. Lucas, L. Lucas of Chilworth, L. Luke, L. Lyell, L. McAlpine of West Green, L. McColl of Dulwich, L. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Macleod of Borve, B. McNair, L. McNally, L. Mallalieu, B. Mar, C. Marsh, L. Masham of Ilton, B. Mason of Barnsley, L. Massereene and Ferrard, V. Merlyn-Rees, L. Merrivale, L. Mersey, V. Miller of Hendon, B. Milner of Leeds, L. Milverton, L. Mishcon, L. Molloy, L. Molyneaux of Killead, L. Monkswell, L. Monson, L. Montagu of Beaulieu, L. Montague of Oxford, L. Montgomery of Alamein, V. Moran, L. Morris of Castle Morris, L. Morris of Manchester, L. Mottistone, L. Mountevans, L. Mountgarret, V. Mowbray and Stourton, L. Moynihan, L. Munster, E. Murray of Epping Forest, L. Napier and Ettrick, L. Napier of Magdâla, L. Nathan, L. Nelson, E. Newall, L. Newby, L. Nickson, L. Noel-Buxton, L. Norfolk, D. Norrie, L. Northbourne, L. Northfield, L. Norton, L. O’Cathain, B. Oliver of Aylmerton, L. Onslow of Woking, L. Orr-Ewing, L. Oxfuird, V. Park of Monmouth, B. Paul, L. Pearson of Rannoch, L. Pender, L. Perry of Walton, L. Peston, L. Pilkington of Oxenford, L. Pitkeathley, B. Plant of Highfield, L. Ponsonby of Shulbrede, L. Porter of Luddenham, L. Prior, L. Prys-Davies, L. Pym, L. Quinton, L. Quirk, L. Ramsay of Cartvale, B. Randall of St. Budeaux, L. Rankeillour, L. Rawlings, B. Rea, L. Reading, M. Redesdale, L. Rees, L. Rendell of Babergh, B. Rennell, L. Renton, L. Renton of Mount Harry, L. Renwick, L. Richard, L. Roberts of Conwy, L. Roll of Ipsden, L. Rotherwick, L. St. Davids, V. St. John of Bletso, L. Saltoun of Abernethy, Ly. Sandwich, E. Scanlon, L. Seccombe, B. Sefton of Garston, L. Selkirk of Douglas, L. Sempill, L. Shannon, E. Sharples, B. Shaughnessy, L. Shaw of Northstead, L. Shepherd, L. Simon, V. Simon of Glaisdale, L. Skelmersdale, L. Skidelsky, L. Slim, V. Smith of Gilmorehill, B. Soulsby of Swaffham Prior, L. Spens, L. Stallard, L. Steel of Aikwood, L. Stoddart of Swindon, L. Strabolgi, L. Strange, B. Strathclyde, L. Strathcona and Mount Royal, L. Sudeley, L. Suffolk and Berkshire, E. Swansea, L. Swinfen, L. Symons of Vernham Dean, B. Taverne, L. Taylor of Blackburn, L. Taylor of Gryfe, L. Taylor of Warwick, L. Tenby, V. Teviot, L. Teynham, L. Thomson of Monifieth, L. Thurlow, L. Tope, L. Tordoff, L. Trefgarne, L. Turner of Camden, B. Tweeddale, M. Ullswater, V. Vivian, L. Wade of Chorlton, L. Wakefield, Bp. Walker of Doncaster, L. Walker of Worcester, L. Wallace of Saltaire, L. Waverley, V. Weatherill, L. Wedgwood, L. Westbury, L. Whaddon, L. Wharton, B. Whitty, L. Wigoder, L. Wilberforce, L. Williams of Crosby, B. Williams of Elvel, L. Williams of Mostyn, L. Winchester, Bp. Wise, L. Wright of Richmond, L. PRAYERS were read by the Lord Bishop of Birmingham. Page 315 1997-98 Volume 231 Back to top 1. Baroness Rendell of Babergh—Mrs. Ruth Barbara Rendell CBE, having been created Baroness Rendell of Babergh, of Aldeburgh in the County of Suffolk, for life by Letters Patent dated in the forenoon of 24th October 1997 (see appendix 1), was introduced between the Baroness Gould of Potternewton and the Lord Paul, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. 2. Lord Montague of Oxford—Michael Jacob Montague Esquire CBE, having been created Baron Montague of Oxford, of Oxford in the County of Oxfordshire, for life by Letters Patent dated in the forenoon of 1st November 1997 (see appendix 2), was introduced between the Lord Northfield 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. 3. Lord Onslow of Woking—The Right Honourable Sir Cranley Gordon Douglas Onslow KCMG, having been created Baron Onslow of Woking, of Woking in the County of Surrey, for life by Letters Patent dated in the forenoon of 31st October 1997 (see appendix 3), was introduced between the Lord Lane of Horsell and the Lord Jopling, 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. Clare (Appellant) v. Mirror Group Newspapers and others (Respondents) (England)—The appeal of Lorraine Ann Clare was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 22nd December next. 5. Regina v. Secretary of State for the Environment (Original Appellant and Cross Respondent) ex parte Council of the London Borough of Camden (Original Respondent and Cross-Appellant) (England)—The cross-appeal of the Council of the London Borough of Camden was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 22nd December next. 6. Newlon Housing Trust (Appellants) v. Alsulaimen (Respondent) and another (England)—The appeal of Newlon Housing Trust was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 22nd December next. 7. Adekeye (Petitioner) v. Post Office (Respondents)—The petition of Omolara Adekeye praying for leave to appeal notwithstanding that the time limited by Standing Order II was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee. 8. Society of Lloyds (Respondents) v. Wilkinson and others (Petitioners)—The petition of David Walter Wilkinson, Geoffrey Herbert Lyon and Dennis Hugh Reginald Leighs praying for leave to appeal was presented in the place of the petition of David Walter Wilkinson presented on 6th October last and referred to an Appeal Committee. 9. Regina v. Brent London Borough Council (Respondents) ex parte O’Malley and others (A.P.) (Petitioners)—The petition of Katherine Thomas, Lynne Lackerstein, Menya Hill Kebede, Lucky Enekeme, Sandra Thompson and Noorjahan Pathan praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners’ legal aid certificates were lodged. 10. Appeal Committee—The 31st Report from the Appeal Committee was agreed to and the following Orders were made— Kuwait Airways Corporation and another (Petitioners) v. Kuwait Insurance Company S A K and others (Respondents)—That the respondents be invited to lodge objections by 24th November next. Mansfield (A.P.) (Petitioner) and another v. Weetabix Limited and another (Respondents)—That leave to appeal be refused; and 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, and that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988. Regina v. Staines and another (Petitioners)—That leave to appeal be refused. UCB Bank Plc (Respondents) v. Sharif (Petitioner)—That leave to appeal be refused. Adekeye (Petitioner) v. Post Office (Respondents)—That leave to appeal be refused; and 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 11. Command Paper—The following paper, having been presented to the House by command of Her Majesty on 7th November, was ordered to lie on the Table: Double Taxation—Convention between the United Kingdom and Ghana for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion. (3794) Page 316 1997-98 Volume 231 Back to top 12. Statutory Instruments (Standing Order 68)—The following negative instruments, having been laid before the House on 7th November, were ordered to lie on the Table: 1. European Convention on Extradition Order 1990 (Amendment) (No. 2) Order 1997, laid under the Extradition Act 1989;   (2596) 2. County Court Fees (Amendment) (No. 2) Order 1997, laid under the County Courts Act 1984;   (2670) 3. Supreme Court Fees (Amendment) Order 1997, laid under the Supreme Court Act 1981.   (2672) 13. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: 1. Social Security (National Insurance Number Information: Exemption) Regulations 1997, laid under the Social Security Administration Act 1992;   (2676) 2. Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1997, laid under the Jobseekers Act 1995;   (2677) 3. Coast Protection (Variation of Excluded Waters) Regulations 1997, laid under the Coast Protection Act 1949;   (2675) 4. (i) Food Industry Development Scheme 1997— (2673) (ii) Food Industry Development Scheme (Specification of Activities) Order 1997— (2674)   laid under the Agriculture Act 1993; 5. Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997, laid under the Criminal Procedure and Investigations Act 1996;   (2680) 6. (i) Carriage of Explosives by Road Regulations (Northern Ireland) 1997— (—) (ii) Carriage of Explosives by Road (Driver Training) Regulations (Northern Ireland) 1997— (—)   laid under the Health and Safety at Work (Northern Ireland) Order 1978; 7. Teacher Training Agency (Additional Functions) Order 1997, laid under the Education Act 1994;   (2678) 8. Education (Teachers) (Amendment) (No. 2) Regulations 1997, laid under the Education Act 1996.   (2679) 14. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: 1. Report and Accounts for 1996–97 of the Employment Service, laid under the Exchequer and Audit Departments Act 1921; 2. Direction in accordance with section 1(9) of the Welsh Development Agency Act 1975, laid under the Welsh Development Agency Act 1975. Private Business 15. Lloyds TSB Bill [HL]—The petition against the bill from the Banking, Insurance and Finance Union (No. 2) was withdrawn. Public Business 16. Supreme Court (Offices) Bill—A bill to make provision with respect to the qualification for appointment as, and tenure of office of, Permanent Secretary to the Lord Chancellor and Clerk of the Crown in Chancery, was brought from the Commons, read a first time and ordered to be printed. (HL Bill 43) 17. Competition Bill [HL]—It was moved by the Lord Carter, on behalf of the Lord Simon of Highbury; that it be an instruction to the Committee of the Whole House to whom the Competition Bill has been committed that they consider the bill in the following order: Clauses 1 to 3 Clauses 17 to 19 Schedules 1 to 4 Clauses 4 to 16 Schedule 5 Clauses 20 to 24 Schedule 6 Clauses 25 to 44 Schedule 7 Clauses 45 to 48 Schedule 8 Clause 49 Schedule 9 Clauses 50 to 52 Schedule 10 Clause 53 Schedule 11 Clauses 54 to 70 Schedules 12 to 14 Clauses 71 and 72; the motion was agreed to. 18. British Nationality (St. Helena) Bill [HL]—The order of commitment was discharged. Page 317 1997-98 Volume 231 Back to top 19. International development—It was moved by the Baroness Symons of Vernham Dean that this House take note of Her Majesty’s Government’s proposals on international development: “Eliminating World Poverty: A Challenge for the 21st Century” (Cm 3789); after debate, the motion was agreed to. The House was adjourned at one minute 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 trusty and well beloved Mrs. Ruth Barbara Rendell Commander of Our Most Excellent Order of the British Empire to the state degree style dignity title and honour of Baroness Rendell of Babergh of Aldeburgh in Our County of Suffolk And for Us Our heirs and successors do appoint give and grant unto her the said name state degree style dignity title and honour of Baroness Rendell of Babergh to have and to hold unto her for her life Willing and by these Presents granting for Us Our heirs and successors that she 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 she 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-fourth 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 trusty and well beloved Michael Jacob Montague Esquire Commander of Our Most Excellent Order of the British Empire to the state degree style dignity title and honour of Baron Montague of Oxford of Oxford in Our County of Oxfordshire 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 Montague of Oxford 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 first day of November 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 Counsellor Sir Cranley Gordon Douglas Onslow Knight Commander of Our Most Distinguished Order of Saint Michael and Saint George to the state degree style dignity title and honour of Baron Onslow of Woking of Woking in Our County of Surrey Page 318 1997-98 Volume 231 Back to top 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 Onslow of Woking 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 thirty-first day of October in the forty-sixth year of Our Reign BY WARRANT UNDER THE QUEEN’S SIGN MANUAL