House of Lords Journal 231 (Session 1997-98) |
Lords Journals Contents Index Alphabetical list of Lords Minutes and Order Papers |
Monday 15 December 1997 The House met at a half-past two o’clock. The following Lords Spiritual and Temporal were present: Irvine of Lairg, L.
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Cocks of Hartcliffe, L. Coleraine, L. Colville of Culross, V. Colwyn, L. Constantine of Stanmore, L. Cooke of Islandreagh, L. Cope of Berkeley, L. Craigavon, V. Cranborne, V. Crickhowell, L. Cross, V. Cuckney, L. Cullen of Ashbourne, L. Cumberlege, B. Currie of Marylebone, 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. Dean of Thornton-le-Fylde, B. Denbigh, E. Denham, L. Desai, L. Dholakia, L. Dilhorne, V. Dixon, L. Dixon-Smith, L. Dormand of Easington, L. Downshire, M. Dudley, E. Dunrossil, V. Eatwell, L. Elibank, L. Elis-Thomas, L. Elles, B. Elliott of Morpeth, L. Elton, L. Emerton, B. Erroll, E. Evans of Parkside, L. Ezra, L. Falkland, V. Farrington of Ribbleton, B. Ferrers, E. Fitt, L. Flather, B. Fookes, B. Freyberg, L. Gainford, L. Gallacher, L. Gardner of Parkes, B. Garel-Jones, L. Geraint, L. Gillmore of Thamesfield, L. Gilmour of Craigmillar, L. Gladwin of Clee, L. Gladwyn, L. Gordon of Strathblane, L. Gormanston, V. Gould of Potternewton, B. Graham of Edmonton, L. Grantley, L. Gray of Contin, L. Greenway, L. Gregson, L. |
Grenfell, L. Grey, E. Hacking, L. Hamwee, B. Harding of Petherton, L. Hardinge of Penshurst, L. Hardy of Wath, L. Harris of Greenwich, L. Harrowby, E. Haskel, L. Haslam, L. Hayhoe, L. Hayman, B. Healey, L. Henderson of Brompton, L. Hilton of Eggardon, B. Hindlip, L. Hogg of Cumbernauld, L. Holderness, L. Holme of Cheltenham, L. HolmPatrick, L. Hooper, B. Hooson, L. Hope of Craighead, L. Howe, E. Howie of Troon, L. Hoyle, L. Hughes, L. Hunt, L. Hunt of Kings Heath, L. Hunt of Wirral, L. Hylton-Foster, B. Ilchester, E. Inge, L. Inglewood, L. Ironside, L. Islwyn, L. Janner of Braunstone, L. Jeffreys, L. Jeger, B. Jenkins of Hillhead, L. Jenkins of Putney, L. Johnston of Rockport, L. Jopling, L. Judd, L. Kenilworth, L. Kilmarnock, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kintore, E. Knight of Collingtree, B. Knights, L. Lang of Monkton, L. Lauderdale, E. Lawrence, L. Layton, L. Leathers, V. Leicester, Bp. Leigh, L. Levene of Port Soken, L. Levy, L. Lincoln, Bp. Linklater of Butterstone, B. Liverpool, E. Lockwood, B. Long, V. Longford, E. Lovell-Davis, L. |
Lucas of Chilworth, L. Ludford, B. Luke, L. Lyell, L. McColl of Dulwich, L. McConnell, L. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Mackintosh of Halifax, V. Macleod of Borve, B. McNair, L. McNally, L. Mallalieu, B. Mar, C. Mar and Kellie, E. Marlesford, L. Marsh, L. Masham of Ilton, B. Mason of Barnsley, L. Massereene and Ferrard, V. Merlyn-Rees, L. Mersey, V. Meston, L. Miller of Hendon, B. Milverton, L. Mishcon, L. Molloy, L. Molyneaux of Killead, L. Monkswell, L. Monro of Langholm, L. Montagu of Beaulieu, L. Montgomery of Alamein, V. Moore of Wolvercote, L. Moran, L. Morris of Castle Morris, L. Morris of Manchester, L. Mountevans, L. Moyne, L. Moynihan, L. Munster, E. Murray of Epping Forest, L. Napier and Ettrick, L. Naseby, L. Nelson, E. Newby, L. Newton of Braintree, L. Nicholson of Winterbourne, B. Noel-Buxton, L. Norfolk, D. Norrie, L. Northesk, E. Norton, L. O’Cathain, B. Ogmore, L. Onslow, E. Onslow of Woking, L. Oxfuird, V. Palmer, L. Palumbo, L. Park of Monmouth, B. Paul, L. Pender, L. Perry of Southwark, B. Peston, L. Peyton of Yeovil, L. Pilkington of Oxenford, L. Pitkeathley, B. Plant of Highfield, L. Ponsonby of Shulbrede, L. |
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Prentice, L. Prys-Davies, L. Quirk, L. 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. Renwick, L. Richard, L. Richardson, L. Rix, L. Roberts of Conwy, L. Rotherwick, L. Rowallan, L. Russell, E. Russell-Johnston, L. Ryder of Wensum, L. Sainsbury, L. Saint Albans, D. St. John of Bletso, L. St. John of Fawsley, L. Saltoun of Abernethy, Ly. Sandberg, L. Sandys, L. Scanlon, L. Seccombe, B. |
Sefton of Garston, L. Selborne, E. Serota, B. Sewel, L. Shannon, E. Sharples, B. Shepherd, L. Shore of Stepney, L. Simon, V. Simon of Glaisdale, L. Skelmersdale, L. Smith of Clifton, L. Smith of Gilmorehill, B. Stallard, L. Steel of Aikwood, L. Stewartby, L. Stoddart of Swindon, L. Stone of Blackheath, L. Strabolgi, L. Strathcarron, L. Strathclyde, L. Swansea, L. Swinfen, L. Taylor of Blackburn, L. Taylor of Warwick, L. Teviot, L. Thomas of Walliswood, B. Thomson of Monifieth, L. Tope, L. Tordoff, L. Trefgarne, L. Trumpington, B. |
Turner of Camden, B. Tweeddale, M. Ullswater, V. Vivian, L. Waddington, L. Wade of Chorlton, L. Wakeham, L. Walker of Doncaster, L. Walker of Worcester, L. Wallace of Saltaire, L. Walton of Detchant, L. Watson of Invergowrie, L. Waverley, V. Weatherill, L. Westbury, L. Whaddon, L. Wharton, B. Whitty, L. Wigoder, L. Wilberforce, L. Wilcox, B. Williams of Crosby, B. Williams of Elvel, L. Williams of Mostyn, L. Wilson of Tillyorn, L. Winchilsea and Nottingham, E. Windlesham, L. Wise, L. Wright of Richmond, L. Young, B. Young of Old Scone, B. |
PRAYERS were read by the Lord Bishop of Leicester.
Judicial Business
| 1. | Kuwait Airways Corporation and another (Appellants) v. Kuwait Insurance Company S A K and others (Respondents) (England)—The appeal of Kuwait Airways Corporation and the Minister of Finance for the State of Kuwait was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 27th January next. |
| 2. | Her Majesty’s Attorney General (Respondent) v. Prankerd (Petitioner) (lodged 6th January)—The petition of Peter Henry Prankerd praying for leave to appeal was presented without 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. |
| 3. | Ouanes (A.P.) (Petitioner) v. Secretary of State for the Home Department (Respondent) (lodged 4th December)—The petition of Hafsa Ouanes praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged. |
| 4. | Firstcity Insurance Group Limited and others (Respondents) v. Frizzell Group Limited (Petitioners)—The petition of Frizzell Group Limited praying for leave to appeal was presented and referred to an Appeal Committee. |
| 5. | Regina v. Secretary of State for Social Security (Respondent) ex parte Getachew (A.P.) (Petitioner)—The petitioner’s legal aid certificate was lodged. |
| 6. | Appeal Committee—The following Order was made pursuant to the 33rd Report— |
| Regina v. Secretary of State for Social Security (Respondent) ex parte Getachew (A.P.) (Petitioner)—That the previous Order for costs be discharged; that the respondent be at liberty to apply for his costs in accordance with direction 5.1(c), and, if the application is granted, that the amount 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. |
| 7. | Appeal Committee—The 39th Report from the Appeal Committee was agreed to and the following Orders were made— |
| Rosgill Group Limited (Petitioners) v. Commissioners of Customs and Excise (Respondents)—That leave to appeal be refused; 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. |
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| McKnight (Her Majesty’s Inspector of Taxes) (Petitioner) v. Sheppard (Respondent)—That the respondent be invited to lodge objections by 29th December next. |
| Barclays Bank Plc (Petitioners) v. Boulter and Boulter (Respondent)—That the respondent be invited to lodge objections by 29th December next. |
| Twogates Properties Limited (Petitioners) v. Birmingham Midshires Building Society and others (Respondents)—That leave to appeal be refused; 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. |
| Her Majesty’s Attorney General (Respondent) v. Prankerd (Petitioner)—That leave to appeal be refused. |
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. | Police—Report of the Police Complaints Authority on the complaint of Mr. N. and Mrs. D. Lawrence; |
| (3822) |
| 2. | Commercial Debts—Exchange of Notes between the United Kingdom and Madagascar concerning certain commercial debts. |
| (3820) |
| 9. | Statutory Instruments (Standing Order 68)—The following negative instruments, having been laid before the House on 12th December, were ordered to lie on the Table: |
| 1. | Child Support (Written Agreements) (Scotland) Order 1997, laid under the Child Support Act 1991; |
| (2943) |
| 2. | Social Security Amendment (New Deal) Regulations 1997, laid under the Social Security Contributions and Benefits Act 1992. |
| (2863) |
| 10. | Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: |
| 1. | Environmentally Sensitive Areas (Preseli) Designation (Amendment No. 2) Order 1997, laid under the Agriculture Act 1986; |
| (2868) |
| 2. | Beef Bones Regulations 1997, laid under the Food Safety Act 1990. |
| (2959) |
| 11. | Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: |
| 1. | Land Purchase Account for 1996–97 of the Supreme Court of Judicature Northern Ireland, together with the Report of the Comptroller and Auditor General, laid under the Northern Ireland Land Purchase (Winding Up) Act 1935; |
| 2. | Scottish Natural Heritage— |
| (i) | Accounts for 1996–97, together with the Report of the Comptroller and Auditor General— |
| (ii) | Report for 1996–97— |
| (iii) | ‘Facts and Figures 1996–1997’— |
| laid under the Natural Heritage (Scotland) Act 1991; |
| 3. | Report and Accounts for 1996–97 of the Milk Development Council, laid under the Industrial Organisation and Development Act 1947; |
| 4. | Statement of determinations by the Department of the Environment, Transport and the Regions in respect of remuneration payable to members of the British Waterways Board, laid under the Transport Act 1962; |
| 5. | Law Commission Report on Aggravated, Exemplary and Restitutionary Damages, laid under the Law Commissions Act 1965. |
Select Committee Report
| 12. | Science and Technology—The 4th Report from the Select Committee, Meeting with the Deputy Prime Minister; Vehicle Emissions—Government Response was made; it was ordered that the Report be printed, together with the Minutes of Evidence. (HL Paper 51) |
Public Business
| 13. | Petroleum Bill [HL]—A bill to consolidate certain enactments about petroleum, offshore installations and submarine pipelines was presented by the Lord Chancellor, read a first time and ordered to be printed. (HL Bill 56) |
| 14. | Business of the House—It was moved by the Lord Privy Seal (Lord Richard) that the provisions of Standing Order 44 (No two stages of a Bill to be taken on one day) be dispensed with tomorrow to enable the Consolidated Fund Bill to be taken through its remaining stages that day; the motion was agreed to. |
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| 15. | Scottish Agricultural College Order Confirmation Bill—The bill was considered on report. |
| 16. | Greater London Authority (Referendum) Bill—It was moved by the Baroness Hayman 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. |
| 17. | Northern Ireland (Emergency Provisions) Bill—A bill to postpone the expiry and otherwise make amendments of the Northern Ireland (Emergency Provisions) Act 1996; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 57) |
| 18. | Non-Domestic Rating (Chargeable Amounts) (Amendment) (No. 2) Regulations 1997—It was moved by the Baroness Hayman, on behalf of the Baroness Farrington of Ribbleton, that the draft Regulations laid before the House on 25th November be approved; the motion was agreed to. |
| 19. | Homeless Persons (Priority Need) (Scotland) Order 1997—It was moved by the Lord Sewel that the draft Order laid before the House on 31st July be approved; the motion was agreed to. |
| 20. | Air Quality Regulations 1997— |
| 21. | Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997— It was moved by the Lord Sewel that the draft Regulations laid before the House on 11th November and 24th November be approved en bloc; after debate, the motion was agreed to. |
| 22. | European Communities (Definition of Treaties) (European Police Office) Order 1997— |
| 23. | European Communities (Immunities and Privileges of the European Police Office) Order 1997— |
| 24. | OSPAR Commission (Immunities and Privileges) Order 1997— It was moved by the Lord Whitty that the draft Orders laid before the House on 19th November be approved en bloc; the motion was agreed to. |
| 25. | Channel 4 (Application of Excess Revenues) Order 1997—It was moved by the Lord McIntosh of Haringey that the draft Order laid before the House on 20th November be approved; after debate, the motion was agreed to. |
| 26. | Dyslexia—The Baroness Masham of Ilton asked Her Majesty’s Government what improvements they intend to make in the provision of education for children and adults with dyslexia; after debate, the question was answered by the Lord Whitty. |
The House was adjourned at twenty-five minutes before ten o’clock
till tomorrow, half-past two o’clock.