House of Lords Journal 231 (Session 1997-98)


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Wednesday 12 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)

Aberdare, L.
Ackner, L.
Acton, L.
Addington, L.
Addison, V.
Ailesbury, M.
Ailsa, M.
Alderdice, L.
Aldington, L.
Alexander of Tunis, E.
Allen of Abbeydale, L.
Allenby of Megiddo, V.
Alport, L.
Amos, B.
Ampthill, L.
Anelay of St. Johns, B.
Annaly, L.
Annan, L.
Archer of Sandwell, L.
Archer of Weston-Super-Mare, L.
Arran, E.
Ashbourne, L.
Astor, V.
Astor of Hever, L.
Avebury, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Balfour, E.
Balfour of Inchrye, L.
Barber, L.
Barnett, L.
Bath and Wells, Bp.
Bathurst, E.
Beaumont of Whitley, L.
Beaverbrook, L.
Belhaven and Stenton, L.
Bellwin, L.
Beloff, L.
Belstead, L.
Berkeley, L.
Berners, B.
Bethell, L.
Biddulph, L.
Birdwood, L.
Birmingham, Bp.
Blackstone, B.
Blaker, L.
Blatch, B.
Blease, L.
Bledisloe, V.
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.
Brightman, L.
Brigstocke, B.
Broadbridge, L.
Brookeborough, V.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Broughshane, L.
Bruce of Donington, L.
Bruntisfield, L.
Buchan, E.
Burlison, L.
Burnham, L.
Butterfield, L.
Butterworth, L.
Cadman, L.
Caldecote, V.
Callaghan of Cardiff, L.
Calverley, L.
Campbell of Alloway, L.
Campbell of Croy, L.
Canterbury, Abp.
Carlisle, Bp.
Carlisle, E.
Carmichael of Kelvingrove, L.
Carnegy of Lour, B.
Carnock, L.
Carr of Hadley, L.
Carter, L.
Carver, L.
Chalfont, L.
Charteris of Amisfield, L.
Chesham, L.
Chichester, Bp.
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.
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.
Crathorne, L.
Cross, V.
Cuckney, L.
Cullen of Ashbourne, L.
Cumberlege, B.
Dacre of Glanton, L.
Dahrendorf, L.
Darcy de Knayth, B.
David, B.
Davidson, V.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Beswick, L.
Dean of Harptree, L.
Denbigh, E.
Denham, L.
Denton of Wakefield, B.
Derwent, L.
Desai, L.
Dholakia, L.
Dilhorne, V.
Dixon, L.
Dixon-Smith, L.
Dormand of Easington, L.
Downshire, M.
Dubs, L.
Eames, L.
Eden of Winton, L.
Elis-Thomas, L.

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Ellenborough, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Ely, Bp.
Emerton, B.
Erne, E.
Erroll, E.
Evans of Parkside, L.
Ewing of Kirkford, L.
Exmouth, V.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Feversham, L.
Fisher of Rednal, B.
Fitt, L.
Flather, B.
Flowers, L.
Fookes, B.
Fraser of Carmyllie, L.
Freyberg, L.
Gainford, L.
Gainsborough, E.
Gallacher, L.
Garel-Jones, L.
Geddes, L.
Geraint, L.
Gibson, L.
Gillmore of Thamesfield, L.
Gilmour of Craigmillar, L.
Gisborough, L.
Gladwin of Clee, L.
Gladwyn, L.
Glenarthur, L.
Glentoran, L.
Goodhart, L.
Goschen, V.
Gould of Potternewton, B.
Graham of Edmonton, L.
Grantley, L.
Gray, L.
Gray of Contin, L.
Greenway, L.
Gregson, L.
Grey, E.
Hacking, L.
Haddington, E.
Hailsham of Saint Marylebone, L.
Halsbury, E.
Hamilton of Dalzell, L.
Hampden, V.
Hamwee, B.
Hankey, L.
Harding of Petherton, L.
Hardy of Wath, L.
Harlech, L.
Harmar-Nicholls, L.
Harris of Greenwich, L.
Haskel, L.
Hayhoe, L.
Hayman, B.
Hayter, L.
Healey, L.
Hemingford, L.
Hemphill, L.
Henderson of Brompton, L.
Henley, L.
Hereford, Bp.
Higgins, L.
Hilton of Eggardon, B.
Hoffmann, L.
Hogg, B.
Hogg of Cumbernauld, L.
Holderness, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
HolmPatrick, L.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howe, E.
Howell, L.
Howell of Guildford, L.
Howie of Troon, L.
Hoyle, L.
Hughes, L.
Hunt of Tanworth, L.
Huntly, M.
Hutchinson of Lullington, L.
Hylton, L.
Hylton-Foster, B.
Ilchester, E.
Inchyra, L.
Inge, L.
Ironside, L.
Islwyn, L.
Jacobs, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jeger, B.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Johnston of Rockport, L.
Jopling, L.
Kenilworth, L.
Kennedy of the Shaws, B.
Kilbracken, L.
Kilmarnock, L.
Kimball, L.
Kingsland, L.
Kinloss, Ly.
Kinnoull, E.
Kintore, E.
Kirkhill, L.
Knight of Collingtree, B.
Knollys, V.
Lang of Monkton, L.
Lauderdale, E.
Lawrence, L.
Layton, L.
Leathers, V.
Leigh, L.
Lewis of Newnham, L.
Lindsey and Abingdon, E.
Liverpool, E.
Lloyd of Berwick, L.
Lockwood, B.
Long, V.
Longford, E.
Lucas, L.
Lucas of Chilworth, L.
Ludford, B.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
MacAndrew, L.
McColl of Dulwich, L.
McIntosh of Haringey, L.
Mackay of Ardbrecknish, L.
Mackay of Drumadoon, L.
Mackie of Benshie, L.
Mackintosh of Halifax, V.
Macleod of Borve, B.
McNair, L.
McNally, L.
Maddock, B.
Mallalieu, B.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Mason of Barnsley, L.
Massereene and Ferrard, V.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Merrivale, L.
Mersey, V.
Meston, L.
Miller of Hendon, B.
Milverton, L.
Minto, E.
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.
Mowbray and Stourton, L.
Munster, E.
Napier and Ettrick, L.
Naseby, L.
Nelson, E.
Newall, L.
Newby, L.
Newton of Braintree, L.
Nicol, B.
Noel-Buxton, L.
Norrie, L.
Northbourne, L.
Northbrook, L.
Northfield, L.
Norwich, Bp.
O’Cathain, B.
Oliver of Aylmerton, L.
Onslow, E.
Onslow of Woking, L.
Orme, L.
Orr-Ewing, L.
Oxford, Bp.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Paul, L.
Pearson of Rannoch, L.
Pender, L.
Perry of Southwark, B.
Perry of Walton, L.
Peston, L.

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Peyton of Yeovil, L.
Pilkington of Oxenford, L.
Plant of Highfield, L.
Platt of Writtle, B.
Ponsonby of Shulbrede, L.
Porter of Luddenham, L.
Prior, L.
Prys-Davies, L.
Puttnam, L.
Pym, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rankeillour, L.
Rathcavan, L.
Rawlings, B.
Razzall, L.
Rea, L.
Redesdale, L.
Rees, L.
Rendell of Babergh, B.
Rennell, L.
Renton, L.
Renton of Mount Harry, L.
Renwick, L.
Richard, L.
Ripon, Bp.
Roberts of Conwy, L.
Robson of Kiddington, B.
Rochester, L.
Rodgers of Quarry Bank, L.
Roll of Ipsden, L.
Rosslyn, E.
Rotherwick, L.
Rowallan, L.
Russell, E.
Saint Albans, D.
St. Davids, V.
St. John of Bletso, L.
St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandwich, E.
Seccombe, B.
Sefton of Garston, L.
Selkirk of Douglas, L.
Sempill, L.
Sewel, L.
Shannon, E.
Sharples, B.
Shaughnessy, L.
Shaw of Northstead, L.
Shepherd, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Skidelsky, L.
Smith, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Spens, L.
Stafford, L.
Stallard, L.
Stanley of Alderley, L.
Steel of Aikwood, L.
Stewartby, L.
Stockton, E.
Stodart of Leaston, L.
Stoddart of Swindon, L.
Strabolgi, L.
Strafford, E.
Strange, B.
Strathcarron, L.
Strathcona and Mount Royal, L.
Sudeley, L.
Swansea, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Gryfe, L.
Taylor of Warwick, L.
Teviot, L.
Teynham, L.
Thomas of Gwydir, L.
Thomas of Swynnerton, L.
Thomson of Monifieth, L.
Thurlow, L.
Thurso, V.
Tope, L.
Trefgarne, L.
Tugendhat, L.
Turner of Camden, B.
Ullswater, V.
Vinson, L.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Wakefield, Bp.
Wakeham, L.
Walker of Doncaster, L.
Walker of Worcester, L.
Walpole, L.
Waverley, V.
Weatherill, L.
Wedderburn of Charlton, L.
Wedgwood, L.
Weidenfeld, L.
Westbury, L.
Whaddon, L.
Wharton, B.
Whitelaw, V.
Whitty, L.
Wigoder, L.
Wilberforce, L.
Williams of Elvel, L.
Williams of Mostyn, L.
Willoughby de Broke, L.
Wilson of Tillyorn, L.
Winchester, Bp.
Winston, L.
Wise, L.
Wright of Richmond, L.

PRAYERS were read by the Lord Bishop of Birmingham.

1.Lord Islwyn—Royston John Hughes Esquire, having been created Baron Islwyn, of Casnewydd in the County of Gwent, for life by Letters Patent dated in the afternoon of 25th October 1997 (see appendix 1), was introduced between the Lord Cledwyn of Penrhos 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.
2.Lord Goodhart—Sir William Howard Goodhart, Knight QC, having been created Baron Goodhart, of Youlbury in the County of Oxfordshire, for life by Letters Patent dated in the forenoon of 23rd October 1997 (see appendix 2), was introduced between the Lord Rodgers of Quarry Bank and the Lord Taverne, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and subscribed the solemn affirmation pursuant to statute.
3.Baroness Maddock—Mrs. Diana Margaret Maddock, having been created Baroness Maddock, of Christchurch in the County of Dorset, for life by Letters Patent dated in the forenoon of 30th October 1997 (see appendix 3), was introduced between the Baroness Hamwee and the Lord Tope, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and subscribed the solemn affirmation pursuant to statute.

Judicial Business

4.Fitzpatrick (A.P.) (Petitioner) v. Sterling Housing Association Limited (Respondents)—The petition of Martin Fitzpatrick praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.
5.In re Bekar (Petitioner) (application for writ of Habeas Corpus)—The petition of Abdul Halim Bekar praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.

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6.Clarke (A.P.) (Respondent) v. Kato, Smith and General Accident Fire & Life Assurance Corporation plc (Appellants)—
7.Cutter (Respondent) v. Eagle Star Insurance Company Ltd (Appellants)—

The petition of the appellants praying that the appeals be conjoined, that they might have leave to lodge separate statements, one appendix and one case in respect of the two appeals, that they be jointly represented by leading counsel and separately represented by junior counsel; and that the respondents have leave to lodge separate cases in respect of the two appeals and be separately represented (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

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.Fire Services—
(i)Report for 1996–97 of Her Majesty’s Chief Inspector of Fire Services for Scotland;(3788)
(ii)Report for 1996–97 of Her Majesty’s Chief Inspector of Fire Services for England and Wales;(3791)
2.Marine Pollution—Draft Agreement relating to the Commission established by the Convention for the Protection of the Marine Environment in the North-east Atlantic 1992;
 (3796)
3.Investment Protection—Agreement between the United Kingdom and Uruguay for the Promotion and Protection of Investments;
 (3795)
4.Crime—Criminal Statistics for 1996 for England and Wales.
 (3764)
9.Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:
Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1997, laid under the Clean Air Act 1993.
10.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 Arts Council of Wales Lottery Distribution, together with the Report of the Comptroller and Auditor General, laid under the National Lottery etc. Act 1993;
2.Report for 1996–97 of the Natural Environment Research Council, laid under the Science and Technology Act 1965;
3.Report and Accounts of the Prison Service for—
(i)1995–96—
(ii)1996–97—
 laid under the Exchequer and Audit Departments Act 1921.

Private Business

11.Woodford Aerodrome (Control of Land by Directions) Order 1997—The Order was reported from the Joint Committee without amendment; it was ordered that the minutes of evidence taken before the Joint Committee lie on the Table.

Public Business

12.Business of the House—It was moved by the Lord Privy Seal (Lord Richard) that the debate on the motion in the name of the Lord Beloff set down for today shall be limited to 4 hours and that in the name of the Baroness Carnegy of Lour to 2 hours; the motion was agreed to.
13.Universities of Oxford and Cambridge (4-hour debate)—It was moved by the Lord Beloff that there be laid before the House papers relating to the case for safeguarding the future of the Universities of Oxford and Cambridge; after debate, the motion was (by leave of the House) withdrawn.
14.Local Government (Contracts) Bill—The bill was returned from the Commons with the amendments agreed to.
15.Scottish Parliament (2-hour debate)—It was moved by the Baroness Carnegy of Lour that there be laid before the House papers relating to the need to take into account historical considerations, ease of access from all parts of Scotland, and the convenience of Members and the public when deciding the site for the Scottish Parliament; after debate, the motion was (by leave of the House) withdrawn.

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16.Metropolitan Police—The Lord Harris of Greenwich asked Her Majesty’s Government what action they propose to take following the speech of the Commissioner of Police for the Metropolis on the disciplinary system of the service at the Metropolitan Police Federation meeting on 6th October; after debate, the question was answered by the Lord Williams of Mostyn.

The House was adjourned at seventeen minutes past nine o’clock
till tomorrow, two o’clock for judicial business,
three o’clock for public business.


APPENDIX 1

PROCEEDINGS OF THE GRAND COMMITTEE OF THE WHOLE HOUSE IN THE MOSES ROOM ON THE PUBLIC PROCESSIONS ETC. (NORTHERN IRELAND) BILL [HL]

The Committee met at half-past three o’clock.

The Deputy chairman of Committees (Lord Ampthill) was in the Chair.

Amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after Clause 7 stood part.

The Committee was adjourned till tomorrow, half-past three o’clock.


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 Royston John Hughes Esquire to the state degree style dignity title and honour of Baron Islwyn of Casnewydd in Our County of Gwent

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 Islwyn 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-fifth day of October 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 Sir William Howard Goodhart Knight one of Our Counsel learned in the Law to the state degree style dignity title and honour of Baron Goodhart of Youlbury 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 Goodhart 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

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In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster in the forenoon of the twenty-third day of October in the forty-sixth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL


APPENDIX 4

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. Diana Margaret Maddock to the state degree style dignity title and honour of Baroness Maddock of Christchurch in Our County of Dorset.

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 Maddock 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 thirtieth day of October in the forty-sixth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL