House of Lords Journal 231 (Session 1997-98) |
Lords Journals Contents Index Alphabetical list of Lords Minutes and Order Papers |
Monday 24 November 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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Erne, E. Evans of Parkside, L. Exeter, Bp. Ezra, L. Falconer of Thoroton, L. Falkland, V. Farrington of Ribbleton, B. Fitt, L. Flather, B. Fraser of Carmyllie, L. Freyberg, L. Gage, V. Gainford, L. Gallacher, L. Gardner of Parkes, B. Garel-Jones, L. Geddes, L. Geraint, L. Gilbert, L. Gladwin of Clee, L. Glenarthur, L. Goodhart, L. Gordon of Strathblane, 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. Haddington, E. Hailsham of Saint Marylebone, L. Hamwee, B. Hankey, L. Hardie, L. Hardwicke, E. Hardy of Wath, L. Harris of Greenwich, L. Harrowby, E. Haskel, L. Hattersley, L. Hayhoe, L. Hayman, B. Henley, L. Higgins, L. Hilton of Eggardon, B. Hogg of Cumbernauld, L. Holderness, L. Hollis of Heigham, B. Hooper, B. Hope of Craighead, L. Howe, E. Howell, L. Howie of Troon, L. Hoyle, L. Hughes, L. Hughes of Woodside, L. Hunt of Kings Heath, L. Hutchinson of Lullington, L. Hylton-Foster, B. Inchcape, E. Inglewood, L. Ironside, L. Islwyn, 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. Kimball, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kitchener, E. Knollys, V. Lang of Monkton, L. Lauderdale, E. Lawrence, L. Layton, L. Leathers, V. Leicester, Bp. Leigh, L. Lester of Herne Hill, L. Lestor of Eccles, B. Lichfield, Bp. Liverpool, E. Lloyd-George of Dwyfor, E. Lockwood, B. Long, V. Longford, E. Lowry, L. Lucas, L. Lucas of Chilworth, L. Ludford, B. Luke, L. Lyell, L. McCarthy, L. McColl of Dulwich, L. McConnell, L. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Mackay of Drumadoon, L. Macleod of Borve, B. McNair, L. McNally, L. Maddock, B. Mallalieu, B. Mar, C. 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. Milner of Leeds, L. Milverton, L. Mishcon, L. Molloy, L. Molyneaux of Killead, L. Monkswell, L. Monro of Langholm, L. Monson, L. |
Montagu of Beaulieu, L. Montague of Oxford, L. Montgomery of Alamein, V. Moore of Wolvercote, L. Moran, 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. Naseby, L. Nelson, E. Newall, L. Newby, L. Newton of Braintree, L. Nicol, B. Noel-Buxton, L. Norfolk, D. Northbourne, L. Northesk, E. Norwich, Bp. O’Cathain, B. Ogmore, L. Oliver of Aylmerton, L. Oppenheim-Barnes, B. Orme, L. Oxford, Bp. Oxfuird, V. Palmer, L. Park of Monmouth, B. Parry, L. Paul, L. Pender, L. Perry of Walton, L. Peston, L. Peyton of Yeovil, L. Phillips of Ellesmere, L. Pilkington of Oxenford, L. Pitkeathley, B. Platt of Writtle, B. Plumb, L. Plummer of St. Marylebone, L. Ponsonby of Shulbrede, L. Porter of Luddenham, L. Prys-Davies, L. Pym, L. Quirk, L. Ramsay of Cartvale, B. Randall of St. Budeaux, L. Rankeillour, L. Rathcavan, L. Rawlings, B. Razzall, L. Rea, L. Reay, L. Redesdale, L. Rees, L. Rendell of Babergh, B. Rennell, L. Renton, L. Renwick, L. Renwick of Clifton, L. Richard, L. Ripon, Bp. Roberts of Conwy, L. Robertson of Oakridge, L. |
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Rotherwick, L. Rowallan, L. Russell, E. Ryder of Wensum, L. Sainsbury, L. Saint Albans, D. St. Davids, V. St. John of Bletso, L. Seccombe, B. Sefton of Garston, L. Selborne, E. Serota, B. Shannon, E. Sharples, B. Shaughnessy, L. Shaw of Northstead, L. Shepherd, L. Simon, V. Simon of Glaisdale, L. Simon of Highbury, L. Skelmersdale, L. Skidelsky, L. Slim, V. Slynn of Hadley, L. Smith, L. Smith of Gilmorehill, B. |
Soulsby of Swaffham Prior, L. Southwark, Bp. Spens, L. Stallard, L. Stewartby, L. Stone of Blackheath, L. Strabolgi, L. Strathcarron, 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. Tenby, V. Teviot, L. Teynham, L. Thomas of Gwydir, L. Thomas of Macclesfield, L. Thomas of Walliswood, B. Thurso, V. Tope, L. Trumpington, B. |
Turner of Camden, B. Tweeddale, M. Vivian, L. Wade of Chorlton, L. Wakeham, L. Walker of Doncaster, L. Walker of Worcester, L. Walton of Detchant, L. Watson of Invergowrie, L. Waverley, V. Weatherill, L. Wedderburn of Charlton, L. Westbury, L. Whaddon, L. Wharton, B. Whitelaw, V. Whitty, L. Wilberforce, L. Williams of Crosby, B. Williams of Elvel, L. Williams of Mostyn, L. Winchilsea and Nottingham, E. Windlesham, L. Wise, L. Woolf, L. Young, B. Young of Old Scone, B. |
PRAYERS were read by the Lord Bishop of Exeter.
| 1. | Baroness Young of Old Scone—Miss Barbara Scott Young, having been created Baroness Young of Old Scone, of Old Scone in Perth and Kinross, for life by Letters Patent dated in the forenoon of 4th November 1997 (see appendix 1), was introduced between the Baroness Nicol and the Baroness Dean of Thornton-le-Fylde, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute. |
| 2. | Lord Hattersley—The Right Honourable Roy Sydney George Hattersley, having been created Baron Hattersley, of Sparkbrook in the County of West Midlands, for life by Letters Patent dated 24th November 1997 (see appendix 2), was introduced between the Lord Richard and the Lord Peston, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and subscribed the solemn affirmation pursuant to statute. |
| 3. | Lord Ryder of Wensum—The Right Honourable Richard Andrew Ryder OBE, having been created Baron Ryder of Wensum, of Wensum in the County of Norfolk, for life by Letters Patent dated 22nd November 1997 (see appendix 3), was introduced between the Viscount Cranborne (Lord Cecil) and the Lord Peyton of Yeovil, 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. | Palmeira Properties Limited (Respondents) v. Bennett (Petitioner) (lodged 1st November 1996)—The petition of Colin Bennett praying for leave to appeal was presented without the payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XII; the said petition was referred to an Appeal Committee. |
| 5. | Harries (A.P.) (Petitioner) v. Barclays Bank plc (Respondents)—The petition of Hywel Raymond Morse Harries praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged. |
| 6. | In re J (a minor)—The petition of the Secretary of State for the Home Department praying for leave to appeal was presented and referred to an Appeal Committee. |
| 7. | Baltic Insurance Group (Petitioners) v. Jordan Grand Prix Limited and others and Quay Financial Software Limited and others (Respondents) (by counter claim) and one other action—The petition of Baltic Insurance Group Limited praying for leave to appeal was presented and referred to an Appeal Committee. |
| 8. | In re Barone (application for a writ of Habeas Corpus)—The petition of the Government of Italy and the Governor of Her Majesty’s Prison, Brixton praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee. |
| 9. | EMI Group Electronics Limited (formerly known as Thorn EMI Electronics Limited) (Petitioners) v. Coldicott (Her Majesty’s Inspector of Taxes) (Respondent)—The petition of EMI Group |
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| 10. | Bruton (A.P.) (Petitioner) v. London and Quadrant Housing Trust (Respondents)—The petition of Gary Francis Bruton praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged. |
| 11. | Baker (suing on his own behalf and on behalf of other members of Syndicate 947 at Lloyd’s since 1957) (Original Appellant and Cross-Respondent) v. Black Sea & Baltic General Insurance Company Limited (Original Respondents and Cross-Appellants)—The appeal was set down for hearing and referred to an Appellate Committee. |
| 12. | Appeal Committee—The following Order was made pursuant to the 29th Report— |
| Preston and others (Petitioners) v. Wolverhampton Healthcare NHS Trust and others (Respondents)—That leave to appeal be given and that the petition of appeal be lodged by 8th December next. |
| 13. | Appeal Committee—The 33rd Report from the Appeal Committee was agreed to and the following Orders were made— |
| Regina v. Secretary of State for Social Security (Respondent) ex parte Getachew (Petitioner)—That leave to appeal be refused; and that the respondent be at liberty to apply for his 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. |
| Foskett (suing on his own behalf and on behalf of all other purchasers of plots of land at Mount Eden, Herrado do Cerro Alto Diogo, Martins, Algarve, Portugal) (Petitioner) v. McKeown and others (Respondents)—That the respondents be invited to lodge objections by 8th December next. |
| Spargo (A.P.) (Petitioner) v. North Essex Health Authority (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(c), 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. |
| Commissioners of Customs and Excise (Respondents) v. Redrow Group Plc (Petitioners)—That the respondents be invited to lodge objections by 8th December next. |
| Hunter (Respondent) v. Skingley (A.P.) (Petitioner)—That leave to appeal be refused; and that the respondent be at liberty to apply for her costs in accordance with Direction 5.1(c), 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. |
| Palmeira Properties Limited (Respondents) v. Bennett (Petitioner)—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
| 14. | Instrument withdrawn—The following instrument, laid before the House on 20th November, was withdrawn: |
Draft Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997.
| 15. | Command Papers—The following papers, having been presented to the House by command of Her Majesty on the dates shown, were ordered to lie on the Table: |
| 1. | European Communities—Developments in the European Union January–June 1997; (21st November) |
| (3802) |
| 2. | Libraries—Report and Accounts for 1996–97 of the National Library of Wales; (21st November) |
| (—) |
| 3. | Defence—Ministry of Defence Minute on liabilities arising from medium range TRIGAT trials in Australia; (21st November) |
| (—) |
| 4. | Compensation—Department for Culture, Media and Sport Minute reporting the level of compensation should a licence granting a right of way between Bushy Park and Hampton Hill be revoked. (24th November) |
| (—) |
| 16. | Statutory Instruments (Standing Order 68)—The following negative instruments, having been laid before the House on 21st November, were ordered to lie on the Table: |
| 1. (i) | Local Government Act 1988 (Competition) (Wales) (No. 2) Regulations 1997— | (2649) |
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| (ii) | Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) (Amendment) Order 1997— | (2648) |
| (iii) | Local Government Act 1988 (Defined Activities) (Exemptions) (Schools) Order 1997— | (2748) |
| (iv) | Local Government Act 1988 (Competition) (England) (No. 2) Regulations 1997— | (2732) |
| (v) | Local Government Act 1988 (Defined Activities) (Housing Management and Security Work) (Exemptions) (England) (Amendment) Order 1997— | (2733) |
| (vi) | Local Government Changes for England (Housing Management) (Miscellaneous Amendments) Regulations 1997— | (2734) |
| (vii) | Local Government Act 1988 (Defined Activities) (Exemptions) (Amendment) Order 1997— | (2746) |
| (viii) | Local Government Act 1988 (Competition) (Revocations) Regulations 1997— | (2747) |
| laid under the Local Government Act 1988; |
| 2. | Local Government (Direct Labour Organisations) (Competition) (Amendment) Regulations 1997, laid under the Local Government, Planning and Land Act 1980. |
| (2756) |
| 17. | Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table: |
Draft Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997.
| 18. | Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: |
| 1. (i) | Public Telecommunication System Designation (Atlantic Telecommunications Limited) Order 1997— | (2768) |
| (ii) | Public Telecommunication System Designation (WORLDxCHANGE Communications Limited) Order 1997— | (2769) |
| (iii) | Public Telecommunications Systems Designation (First Telecom plc) Order 1997— | (2770) |
| (iv) | Public Telecommunication System Designation (American Telemedia Limited) Order 1997— | (2771) |
| (v) | Public Telecommunication System Designation (TotalTel International Inc.) Order 1997— | (2772) |
| laid under the Telecommunications Act 1984; |
| 2. | Education (Assisted Places) (Scotland) Amendment (No. 2) Regulations 1997, laid under the Education (Scotland) Act 1980. |
| (2773) |
| 19. | Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: |
| 1. | Northern Ireland Appropriation Accounts for 1996–97 and Consolidated Fund Services Account together with the Report of the Comptroller and Auditor General for Northern Ireland, laid under the Northern Ireland Act 1974; |
| 2. (i) | Report and Accounts for 1996–97 of the National Lottery Fund of the Arts Council for Northern Ireland— |
| (ii) | Report for 1996–97 on the Lottery Distribution Activities of the Sports Council for Northern Ireland— |
| laid under the National Lottery etc Act 1993; |
| 3. | Licences granted by the Secretary of State for Trade and Industry to: |
| (i) | Atlantic Telecommunications Limited— |
| (ii) | WORLDxCHANGE Communications Limited— |
| (iii) | First Telecom plc— |
| (iv) | American Telemedia Limited— |
| (v) | TotalTel International Inc.— |
| laid under the Telecommunications Act 1984; |
| 4. | Report and Accounts for 1996–97 of English Heritage, laid under the National Heritage Act 1983. |
Public Business
| 20. | Human Rights Bill [HL]—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed |
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| for a Statement; the House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; an amendment was agreed to; the House was resumed. |
| 21. | Food Protection (Emergency Prohibitions) (Dounreay Nuclear Establishment) Order 1997—It was moved by the Baroness Farrington of Ribbleton that the Order laid before the House on 31st October be approved; the motion was agreed to. |
| 22. | Summer Time Order 1997—It was moved by the Lord Hoyle, on behalf of the Lord Williams of Mostyn, that an Humble Address be presented to Her Majesty praying that the Summer Time Order 1997 be made in the form of the draft laid before the House on 27th October; after debate, the motion was agreed to and it was ordered that the Address be presented by the Lords with White Staves. |
| 23. | Human Rights Bill [HL]—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; an amendment was agreed to; the House was resumed after amendment 62. |
The House was adjourned at eleven o’clock
till tomorrow, half-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 Miss Barbara Scott Young to the state degree style dignity title and honour of Baroness Young of Old Scone of Old Scone 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 Young of Old Scone 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 fourth day of November 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 Roy Sydney George Hattersley to the state degree style dignity title and honour of Baron Hattersley of Sparkbrook in Our County of West Midlands
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 Hattersley 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 the twenty-fourth day of November in the forty-sixth year of Our Reign
BY WARRANT UNDER THE QUEEN’S SIGN MANUAL
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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 right trusty and well beloved Counsellor Richard Andrew Ryder Officer of Our Most Excellent Order of the British Empire to the state degree style dignity title and honour of Baron Ryder of Wensum of Wensum in Our County of Norfolk
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 Ryder of Wensum 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 the twenty-second day of November in the forty-sixth year of Our Reign
BY WARRANT UNDER THE QUEEN’S SIGN MANUAL