House of Lords Journal 231 (Session 1997-98)


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Monday 17 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.
Airlie, E.
Allenby of Megiddo, V.
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.
Ashley of Stoke, L.
Avebury, L.
Baker of Dorking, L.
Balfour, E.
Barnett, L.
Beaumont of Whitley, L.
Beaverbrook, L.
Belhaven and Stenton, L.
Beloff, L.
Belstead, L.
Berkeley, L.
Biffen, L.
Birdwood, L.
Blatch, B.
Blyth, L.
Boardman, L.
Borrie, L.
Bowness, L.
Boyd-Carpenter, L.
Brabazon of Tara, L.
Braine of Wheatley, L.
Brentford, V.
Brightman, L.
Broadbridge, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Bruntisfield, L.
Buckinghamshire, E.
Burlison, L.
Burnham, L.
Cadman, L.
Caldecote, V.
Calverley, L.
Campbell of Alloway, L.
Campbell of Croy, L.
Carew, L.
Carlisle, E.
Carmichael of Kelvingrove, L.
Carnegy of Lour, B.
Carnock, L.
Carter, L.
Castle of Blackburn, B.
Chalker of Wallasey, B.
Chapple, L.
Charteris of Amisfield, L.
Chorley, L.
Clancarty, E.
Clanwilliam, E.
Clark of Kempston, L.
Cledwyn of Penrhos, L.
Cobbold, L.
Cochrane of Cults, 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.
Crickhowell, L.
Cross, V.
Cuckney, L.
Cullen of Ashbourne, L.
Currie of Marylebone, L.
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.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donaldson of Kingsbridge, L.
Donaldson of Lymington, L.
Donoughue, L.
Dormand of Easington, L.
Downshire, M.
Dundee, E.
Dunn, B.
Dunrossil, V.
Eatwell, L.
Eccles of Moulton, B.
Effingham, E.
Elis-Thomas, L.
Ellenborough, L.
Elles, B.

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Elliott of Morpeth, L.
Elton, L.
Erne, E.
Evans of Parkside, L.
Ezra, L.
Fairfax of Cameron, L.
Falkland, V.
Farrington of Ribbleton, B.
Fisher of Rednal, B.
Fitt, L.
Flather, B.
Fookes, B.
Fraser of Carmyllie, L.
Freyberg, L.
Gallacher, L.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Geraint, L.
Gladwin of Clee, L.
Glasgow, E.
Glenamara, L.
Gordon of Strathblane, L.
Gormanston, V.
Goschen, V.
Gould of Potternewton, B.
Graham of Edmonton, L.
Grantchester, L.
Gray of Contin, L.
Greenhill of Harrow, L.
Greenway, L.
Gregson, L.
Grenfell, L.
Grey, E.
Griffiths of Fforestfach, L.
Hacking, L.
Hailsham of Saint Marylebone, L.
Hamwee, B.
Hankey, L.
Harding of Petherton, L.
Hardinge of Penshurst, L.
Hardwicke, E.
Hardy of Wath, L.
Harlech, L.
Harmar-Nicholls, L.
Harris of Greenwich, L.
Haskel, L.
Haslam, L.
Hayhoe, L.
Hayman, B.
Healey, L.
Henderson of Brompton, L.
Henley, L.
Hilton of Eggardon, B.
Hindlip, L.
Hogg of Cumbernauld, L.
Holderness, L.
Hollick, L.
Hollis of Heigham, B.
HolmPatrick, L.
Home, E.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howe, E.
Howie of Troon, L.
Hoyle, L.
Hughes, L.
Hughes of Woodside, L.
Hunt, L.
Hunt of Kings Heath, L.
Hylton-Foster, B.
Inglewood, L.
Ironside, L.
Islwyn, L.
Iveagh, E.
Jacobs, L.
Janner of Braunstone, L.
Jeffreys, L.
Jeger, B.
Jellicoe, E.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Johnston of Rockport, L.
Jopling, L.
Judd, L.
Kenilworth, L.
Kennedy of The Shaws, B.
Kenyon, L.
Kilbracken, L.
Kilmarnock, L.
Kingsland, L.
Kinloss, Ly.
Kinnoull, E.
Kintore, E.
Kirkhill, L.
Knight of Collingtree, B.
Lang of Monkton, L.
Lauderdale, E.
Lawrence, L.
Layton, L.
Leathers, V.
Lester of Herne Hill, L.
Linklater of Butterstone, B.
Liverpool, E.
Lockwood, B.
Long, V.
Longford, E.
Lothian, M.
Lowry, L.
Lucas, L.
Lucas of Chilworth, L.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
McIntosh of Haringey, L.
Mackay of Ardbrecknish, L.
Mackie of Benshie, L.
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.
Merlyn-Rees, L.
Merrivale, L.
Mersey, V.
Meston, L.
Miller of Hendon, B.
Milner of Leeds, L.
Milverton, L.
Mishcon, L.
Molloy, L.
Monkswell, L.
Montagu of Beaulieu, L.
Montague of Oxford, L.
Montgomery of Alamein, V.
Moore of Wolvercote, L.
Morris of Castle Morris, L.
Morris of Manchester, L.
Mottistone, L.
Mountevans, L.
Mowbray and Stourton, L.
Munster, E.
Murray of Epping Forest, L.
Murton of Lindisfarne, L.
Napier and Ettrick, L.
Nelson, E.
Nicol, B.
Noel-Buxton, L.
Nolan, L.
Norrie, L.
Northbourne, L.
Northesk, E.
Norton, L.
O’Cathain, B.
Ogmore, L.
Oliver of Aylmerton, L.
Oppenheim-Barnes, B.
Orme, L.
Orr-Ewing, L.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Pearson of Rannoch, L.
Pender, L.
Perry of Southwark, B.
Perth, E.
Peston, L.
Peyton of Yeovil, L.
Phillips of Ellesmere, L.
Pitkeathley, B.
Plant of Highfield, L.
Ponsonby of Shulbrede, L.
Prior, L.
Prys-Davies, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rankeillour, L.
Rathcavan, L.
Rawlings, B.
Rawlinson of Ewell, L.
Razzall, L.
Redesdale, L.
Rees, L.
Rendell of Babergh, B.
Rennell, L.
Renton, L.
Renton of Mount Harry, L.
Renwick, L.
Renwick of Clifton, L.
Richard, L.
Richardson, L.
Roberts of Conwy, L.
Robertson of Oakridge, L.
Rochester, L.
Rodgers of Quarry Bank, L.
Rotherwick, L.
Rowallan, L.
Russell, E.

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St. Davids, V.
St. John of Bletso, L.
St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Seccombe, B.
Sefton of Garston, L.
Selborne, E.
Selkirk of Douglas, L.
Serota, B.
Sewel, L.
Shannon, E.
Sharples, B.
Shaughnessy, L.
Shaw of Northstead, L.
Shepherd, L.
Simon, V.
Simon of Glaisdale, L.
Simon of Highbury, L.
Simpson of Dunkeld, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Slynn of Hadley, L.
Smith of Gilmorehill, B.
Southwell, Bp.
Spens, L.
Stallard, L.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathcarron, L.
Strathclyde, L.
Strathcona and Mount Royal, L.
Sudeley, L.
Swansea, L.
Swinfen, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Gryfe, L.
Temple of Stowe, E.
Tenby, V.
Teviot, L.
Teynham, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thurso, V.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trenchard, V.
Trumpington, B.
Turner of Camden, B.
Tweeddale, M.
Ullswater, V.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Walton of Detchant, L.
Waverley, V.
Weatherill, L.
Weinstock, L.
Westbury, L.
Whaddon, L.
Wharton, B.
Whitty, L.
Wigoder, L.
Wilberforce, L.
Wilcox, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Wilson of Tillyorn, L.
Winchilsea and Nottingham, E.
Young, B.

PRAYERS were read by the Lord Bishop of Southwell.

1.Lord Stone of Blackheath—Andrew Zelig Stone Esquire, having been created Baron Stone of Blackheath, of Blackheath in the London Borough of Greenwich, for life by Letters Patent dated in the forenoon of 29th October 1997 (see appendix 1), was introduced between the Lord Healey and the Baroness Hayman, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.
2.Baroness Linklater of Butterstone—Mrs. Veronica Linklater, having been created Baroness Linklater of Butterstone, of Riemore in Perth and Kinross, for life by Letters Patent dated in the afternoon of 1st November 1997 (see appendix 2), was introduced between the Lord Mackie of Benshie and the Lord Jenkins of Hillhead, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.
3.Lord Simpson of Dunkeld—George Simpson Esquire, having been created Baron Simpson of Dunkeld, of Dunkeld in Perth and Kinross, for life by Letters Patent dated in the afternoon of 5th November 1997 (see appendix 3), was introduced between the Lord Weinstock 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.
4.Leave of Absence—It was ordered that leave of absence be granted to the Lord Vernon for this Parliament.
5.Introductions—The Queen’s answer to the Address of 27th October last was delivered by the Lord Chamberlain (Earl of Airlie) and read, as follows:

I have received your Address and, relying on the wisdom of my Lords, I desire that my prerogative and interest, insofar as they may be concerned, should not stand in the way of consideration by the House of Lords of alterations in the ceremony of Introduction.

Judicial Business

6.In re T (A.P.) (a minor) (1997)—The appeal was set down for hearing and referred to an Appellate Committee.
7.Governor and Company of the Bank of Scotland (Respondents) v. Brunswick Developments (1987) Limited and another (Appellants) (Scotland)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 31st December next or to the third sitting day after the next ensuing meeting of the House (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

Papers

8.Command Paper—The following paper, having been presented to the House by command of Her Majesty on 14th November, was ordered to lie on the Table:

Double Taxation—Convention between the United Kingdom and Malta for the avoidance of Double Taxation and the Prevention of Fiscal Evasion.

(3797)

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9.Statutory Instruments (Standing Order 68)—The following negative instruments, having been laid before the House on 14th November, were ordered to lie on the Table:
1.Building Societies (Transfer Resolutions) Order 1997, laid under the Building Societies Act 1986;
 (2714)
2.Education (Inspectors of Schools in England) Order 1997, laid under the School Inspections Act 1996;
 (2564)
3.Camus an Lighe, Loch Ceann Traigh, Argyll, Oysters and Scallops Several Fishery Order 1997, laid under the Sea Fisheries (Shellfish) Act 1967;
 (2711)
4.Court Funds (Amendment No. 3) Rules (Northern Ireland) 1997, laid under the Judicature (Northern Ireland) Act 1978.
 (—)
10.Deregulation—The following order was laid before the House for approval by resolution under section 1(4) of the Deregulation and Contracting Out Act 1994 and referred to the Delegated Powers and Deregulation Committee:

Draft Deregulation (Licence Transfers) Order 1997.

11.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) Order 1997 (Partial Revocation) Order 1997, laid under the Food and Environment Protection Act 1985;
 (2735)
2.Report and Accounts for 1996–97 of the Meat and Livestock Commission, laid under the Agriculture Act 1967;
3.Report and Accounts for 1996–97 of the Home-Grown Cereals Authority, laid under the Cereals Marketing Act 1965.

Public Business

12.British Nationality (St. Helena) Bill [HL]—The bill was read a third time and passed and sent to the Commons.
13.Competition Bill [HL]—The House again 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.
14.Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) Order 1997—It was moved by the Lord Sewel that the Order laid before the House on 22nd October be approved; the motion was agreed to.

The House was adjourned during pleasure.
The House was resumed.

15.Competition Bill [HL]—The House again resolved itself into a Committee; amendments were agreed to; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed after Schedule 8 was agreed to.

The House was adjourned at nine minutes past 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 trusty and well beloved Andrew Zelig Stone Esquire to the state degree style dignity title and honour of Baron Stone of Blackheath in Our London Borough of Greenwich

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 Stone of Blackheath 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-ninth 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 Mrs. Veronica Linklater to the state degree style dignity title and honour of Baroness Linklater of Butterstone of Riemore in Perth and Kinross

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 Linklater of Butterstone 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 afternoon 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 George Simpson Esquire to the state degree style dignity title and honour of Baron Simpson of Dunkeld of Dunkeld in Perth and Kinross

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 Simpson of Dunkeld 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 fifth day of November in the forty-sixth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL