House of Lords Journal 231 (Session 1997-98)

Previous Next Thursday 18 December 1997 The House met at eleven o’clock.The following Lords Spiritual and Temporal were present: Aberdare, L. Ackner, L. Addington, L. Addison, V. Ailesbury, M. Ailsa, M. Aldington, L. Alexander of Tunis, E. Allen of Abbeydale, L. Allenby of Megiddo, V. Amos, B. Ampthill, L. Anelay of St. Johns, B. Annaly, L. Annan, L. Archer of Sandwell, L. Archer of Weston-Super-Mare, L. Ashbourne, L. Astor of Hever, L. Avebury, L. Baker of Dorking, L. Baldwin of Bewdley, E. Barnett, L. Bassam of Brighton, L. Bath, M. Beaumont of Whitley, L. Beaverbrook, L. Belhaven and Stenton, L. Beloff, L. Berkeley, L. Biddulph, L. Birdwood, L. Birkett, L. Blackburn, Bp. Blackstone, B. Blaker, L. Blatch, B. Blyth, L. Boardman, L. Borrie, L. Boston of Faversham, L. Bowness, L. Brabazon of Tara, L. Bradford, Bp. Brentford, V. Brightman, L. Broadbridge, L. Brooke of Alverthorpe, L. Brookes, L. Brougham and Vaux, L. Broughshane, L. Bruce of Donington, L. Bruntisfield, L. Burlison, L. Burnham, L. Butterworth, L. Cadman, L. Caithness, E. Caldecote, V. Calverley, L. Campbell of Alloway, L. Campbell of Croy, L. Carew, L. Carlisle, E. Carmichael of Kelvingrove, L. Carnarvon, E. Carnock, L. Carter, L. Chalfont, L. Charteris of Amisfield, L. Chichester, Bp. Clancarty, E. Clark of Kempston, L. Clinton, L. Cobbold, L. Cockfield, L. Cocks of Hartcliffe, L. Coleraine, L. Coleridge, L. Colwyn, L. Cope of Berkeley, L. Courtown, E. Cowdrey of Tonbridge, L. Cowley, E. Craigavon, V. Cranbrook, E. Crathorne, L. Cross, V. Dacre of Glanton, L. Darcy de Knayth, B. David, B. Davidson, V. Davies of Coity, L. Davies of Oldham, L. Dean of Beswick, L. Denham, L. Digby, L. Dixon, L. Dixon-Smith, L. Dormand of Easington, L. Downshire, M. Dubs, L. Eatwell, L. Effingham, E. Elles, B. Elliott of Morpeth, L. Elton, L. Erroll, E. Evans of Parkside, L. Falkland, V. Farrington of Ribbleton, B. Fitt, L. Flather, B. Fookes, B. Freyberg, L. Gage, V. Gainford, L. Gardner of Parkes, B. Garel-Jones, L. Geddes, L. Geraint, L. Gibson, L. Gisborough, L. Gladwin of Clee, L. Glenarthur, L. Gormanston, V. Gould of Potternewton, B. Gowrie, E. Graham of Edmonton, L. Grantchester, L. Gray of Contin, L. Greenway, L. Gregson, L. Grey, E. Hacking, L. Hankey, L. Hardie, L. Harding of Petherton, L. Hardwicke, E. Hardy of Wath, L. Harlech, L. Harmar-Nicholls, L. Harris of Greenwich, L. Harris of High Cross, L. Harrowby, E. Haskel, L. Hattersley, L. Hayhoe, L. Hayman, B. Healey, L. Hemphill, L. Henley, L. Hilton of Eggardon, B. Hindlip, L. Hoffmann, L. Hogg of Cumbernauld, L. Holderness, L. Holme of Cheltenham, L. HolmPatrick, L. Hooper, B. Hooson, L. Howe, E. Howell, L. Howell of Guildford, L. Hoyle, L. Page 417 1997-98 Volume 231       Hughes, L. Hunt, L. Hunt of Kings Heath, L. Hunt of Tanworth, L. Hunt of Wirral, L. Hussey of North Bradley, L. Hutchinson of Lullington, L. Inglewood, L. Ironside, L. Islwyn, L. Janner of Braunstone, L. Jeffreys, L. Jellicoe, E. Jenkin of Roding, L. Jenkins of Hillhead, L. Jenkins of Putney, L. Kennet, L. Kimball, L. Kingsland, L. Kinloss, Ly. Kitchener, E. Knutsford, V. Lang of Monkton, L. Lauderdale, E. Lawrence, L. Lawson of Blaby, L. Layton, L. Leathers, V. Leicester, Bp. Leigh, L. Lincoln, Bp. Lloyd of Berwick, L. Lockwood, B. Longford, E. Lovell-Davis, L. Lowry, L. Lucas, L. Lucas of Chilworth, L. Ludford, B. Luke, L. Lyell, L. Lytton, E. McColl of Dulwich, L. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Macleod of Borve, B. McNair, L. McNally, L. Maddock, B. Mar and Kellie, E. Marlesford, L. Masham of Ilton, B. Mayhew of Twysden, L. Merlyn-Rees, L. Mersey, V. Meston, L. Milner of Leeds, L. Mishcon, L. Molloy, L. Molyneaux of Killead, L. Monckton of Brenchley, V. Monkswell, L. Monson, L. Montagu of Beaulieu, L. Montgomery of Alamein, V. Moran, L. Morris of Castle Morris, L. Morris of Manchester, L. Mountevans, L. Moyne, L. Moynihan, 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. Nicholson of Winterbourne, B. Noel-Buxton, L. Norfolk, D. Norrie, L. Northbourne, L. Norton, L. O’Cathain, B. Ogmore, L. Oliver of Aylmerton, L. Orme, L. Oxfuird, V. Palmer, L. Park of Monmouth, B. Parry, L. Paul, L. Pearson of Rannoch, L. Pender, L. Perry of Southwark, B. Perry of Walton, L. Peston, L. Peyton of Yeovil, L. Pilkington of Oxenford, L. Pitkeathley, B. Plant of Highfield, L. Ponsonby of Shulbrede, L. Puttnam, L. Quirk, L. Ramsay of Cartvale, B. Rawlings, B. Razzall, L. Rea, L. Reay, L. Redesdale, L. Renfrew of Kaimsthorn, L. Rennell, L. Renton, L. Renwick, L. Richardson, L. Rix, L. Roberts of Conwy, L. Rodgers of Quarry Bank, L. Rotherwick, L. Rothschild, L. Rowallan, L. Runcie, L. Ryder of Warsaw, B. Ryder of Wensum, L. Sainsbury, L. Sainsbury of Preston Candover, L. Sainsbury of Turville, L. St. Davids, V. St. John of Bletso, L. St. John of Fawsley, L. Sandwich, E. Seccombe, B. Sefton of Garston, L. Sempill, L. Shannon, E. Shepherd, L. Shore of Stepney, L. Simon, V. Simon of Glaisdale, L. Skelmersdale, L. Skidelsky, L. Slynn of Hadley, L. Soulsby of Swaffham Prior, L. Spens, L. Stafford, L. Stallard, L. Steel of Aikwood, L. Stewartby, L. Stoddart of Swindon, L. Stone of Blackheath, L. Strabolgi, L. Strafford, E. Strathcarron, L. Strathclyde, L. Suffolk and Berkshire, E. Swansea, L. Swinfen, L. Symons of Vernham Dean, B. Taylor of Blackburn, L. Teviot, L. Teynham, L. Thomas of Gwydir, L. Thomas of Macclesfield, L. Thomas of Walliswood, B. Thomson of Monifieth, L. Thurlow, L. Thurso, V. Tope, L. Tordoff, L. Trefgarne, L. Trumpington, B. Turner of Camden, B. Tweeddale, M. Vivian, L. Waddington, L. Wakeham, L. Walker of Doncaster, L. Wallace of Saltaire, L. Walpole, L. Watson of Invergowrie, L. Waverley, V. Weatherill, L. Westbury, L. Whaddon, L. Wharton, B. Whitty, L. Wigoder, L. Wilberforce, L. Williams of Elvel, L. Williams of Mostyn, L. Winchilsea and Nottingham, E. Wise, L. Wright of Richmond, L. Young, B. Young of Dartington, L. Young of Old Scone, B. Page 418 1997-98 Volume 231 Back to top PRAYERS were read by the Lord Bishop of Leicester. Judicial Business 1. Director of Public Prosecutions (Appellant) v. Jackson (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—The appeal of the Director of Public Prosecutions was presented and ordered to be prosecuted subject to the procedures applicable thereto. 2. Regina v. Cooke (Appellant) (Northern Ireland) (On Appeal from the Court of Appeal Northern Ireland)—The appeal of Samuel David Cooke was presented and ordered to be prosecuted subject to the procedures applicable thereto. 3. UPO (UK) Limited and others (Petitioners) v. L’Uniteú Hermeútique (Respondents) (lodged 27th November)—The petition of UPO (UK) Limited and Asko Oy Limited praying for leave to appeal was presented and referred to an Appeal Committee. 4. Appeal Committee—The following Orders were made pursuant to the 33rd Report— 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 leave to appeal be given, and that the petition of appeal be lodged by 1st January next. Commissioners of Customs and Excise (Respondents) v. Redrow Group Plc (Petitioners)—That leave to appeal be given, and that the petition of appeal be lodged by 1st January next. 5. Appeal Committee—The 40th Report from the Appeal Committee was agreed to and the following Orders were made— Regina v. Woollin (Petitioner)—That the respondents be invited to lodge objections by 1st January next. Regina v. Blake (Petitioner)—That leave to appeal be refused. Regina v. Reynolds (Petitioner)—That leave to appeal be refused. In re Ismail (Petitioner) (application for a writ of Habeas Corpus)—That the respondents be invited to lodge objections by 1st January next. Regina v. Rodger and another (Petitioners)—That leave to appeal be refused. Director of Public Prosecutions (Respondent) v. Heywood (Petitioner)—That leave to appeal be refused. 6. Appeal Committee—The 41st Report from the Appeal Committee was agreed to and the following Orders were made— Smith (Respondent) v. Lawson (A.P.) (Petitioner)—That leave to appeal be refused; and that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988. Glencore Grain Rotterdam BV (formerly Richo Rotterdam BV) (Respondents) v. Lebanese Organisation for International Commerce (Petitioners)—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. Atari Corp (UK) Limited (Petitioners) v. The Electronics Boutique Stores (UK) Limited (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. Barrett (A.P.) (Petitioner) v. London Borough of Enfield (Respondents)—That the respondents be invited to lodge objections by 1st January next. Joakim and another (A.P.) (Administrators of the Estate of George Joakim, Deceased) (Petitioners) v. Commissioner of Police for the Metropolis and others (Respondents)—That leave to appeal be refused; that the costs of the petitioners be taxed in accordance with the Legal Aid Act 1988; 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. Regina v. London Borough of Brent (Respondents) ex parte Walters (A.P.) (Petitioner)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988; 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. 7. Appeal Committee—The 42nd Report from the Appeal Committee was agreed to and the following Orders were made— Wild (Petitioner) v. Cannavan (Her Majesty’s Inspector of Taxes) (Respondent)—That leave to appeal be refused; that the respondent be at liberty to apply for his costs in accordance with Page 419 1997-98 Volume 231 Back to top 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. In re Cuoghi (Petitioner) (application for a writ of Habeas Corpus)—That leave to appeal be refused. Credit Lyonnais Nederland NV (now known as Generale Bank Nederland NV) (Petitioners) v. Export Credits Guarantee Department (Respondents)—That the respondents be invited to lodge objections by 1st January next. Cinpres Limited and others (Petitioners) v. Ladney and another (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. Norman (A.P.) (Petitioner) v. Jewson Limited (Respondents)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988; 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. Humberclyde Finance Group Limited (Respondents) v. Mirza and another (Petitioners)—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. 8. Appeal Committee—The 43rd Report from the Appeal Committee was agreed to and the following Orders were made— Regina v. Secretary of State for the Home Department and another (Respondents) ex parte Canbolat (Petitioner)—That leave to appeal be refused. Iberotravel Limited (Respondents) v. Pallas Leasing (Number 32) Limited (formerly Copymore (OA) Rentals Limited) (Petitioners) and others—That the respondents be invited to lodge objections by 1st January next. Flood (A.P.) (Petitioner) v. Shand Construction Limited and others (Respondents)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988; 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. National Home Loans Corporation Plc (Petitioners) v. Giffen Couch and Archer (a firm) (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. Al-Fayed (Petitioner) v. Emanouel Antiques Limited (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. Armitage (A.P.) (Petitioner) v. Nurse and others (Respondents)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988; 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. Papers 9. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table: 1. International Labour Conference—Presentation, and Proposed Action by the United Kingdom, of the Home Work Convention (No. 177), the Home Work Recommendation (No. 184) and an Instrument for the amendment of the Constitution of the International Labour Organisation;   (3798) 2. Cloning—Government Response to the 5th Report (Session 1996–97) of the House of Commons Science and Technology Committee: The Cloning of Animals from Adult Cells.   (3815) 10. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table: 1. Draft Construction Contracts (England and Wales) Exclusion Order 1998; 2. Draft Scheme for Construction Contracts (England and Wales) Regulations 1998. 11. Deregulation—The following document was laid before the House under section 3(3) of the Deregulation and Contracting Out Act 1994 and referred to the Delegated Powers and Deregulation Committee: Proposal for the Draft Deregulation (Deduction from Pay of Union Subscriptions) Order 1998. Page 420 1997-98 Volume 231 Back to top 12. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: 1. Town and Country Planning General (Amendment) Regulations 1997, laid under the Town and Country Planning Act 1990;   (3006) 2. Local Government Changes for England (Valuation Tribunals) Regulations 1997, laid under the Local Government Finance Act 1988;   (2954) 3. National Health Service (Pilot Schemes: Financial Assistance for Preparatory Work) Amendment Regulations 1997, laid under the National Health Service (Primary Care) Act 1997;   (3021) 4. Financial Services Act 1986 (Miscellaneous Exemptions) Order 1997, laid under the Financial Services Act 1986;   (3024) 5. Products of Animal Origin (Import and Export) (Amendment) Regulations 1997, laid under the European Communities Act 1972;   (3023) 6. Proposal by the Home Secretary under section 4(4) of the Video Recordings Act 1984 to appoint Andreas Whittam-Smith as a designated authority, laid under the Video Recordings Act 1984. Private Business 13. Private Bills—The Examiners’ certificates that the Standing Orders applicable to the petitions for the following bills have been complied with were delivered and ordered to lie on the Table: Shrewsbury and Atcham Borough Council Tyne Tunnels Public Business 14. Mental Health (Amendment) (No. 2) Bill [HL]—A bill to amend the Mental Health Act 1983 to provide greater access to hospital accommodation for mentally ill people; and for connected purposes was presented by the Lord Rowallan, read a first time and ordered to be printed. (HL Bill 59) 15. European Communities Committee—It was moved by the Chairman of Committees, on behalf of the Committee of Selection, that the Lord Berkeley and the Lord Borrie be appointed members of the Select Committee; the motion was agreed to. 16. Joint Committee on Statutory Instruments—It was moved by the Chairman of Committees, on behalf of the Committee of Selection, that the Lord Walker of Doncaster be appointed a member of the Committee in the place of the Lord Brooks of Tremorfa; the motion was agreed to. 17. Greater London Authority (Referendum) Bill—It was moved by the Baroness Hayman, that it be an instruction to the Committee of the Whole House to whom the Greater London Authority (Referendum) Bill has been committed that they consider the Bill in the following order: Clause 1 Schedule Clauses 2 to 13; the motion was agreed to. 18. National Lottery Bill [HL]—It was moved by the Lord McIntosh of Haringey that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Grand Committee. 19. Copyright and Rights in Databases Regulations 1997—It was moved by the Lord Haskel that the draft Regulations laid before the House on 6th November be approved; after debate, the motion was agreed to. 20. Criminal Procedure and Investigations Act 1996 (Code of Practice) (Northern Ireland) Order 1997—It was moved by the Lord Dubs that the Order laid before the House on 13th November be approved; the motion was agreed to. 21. Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997— 22. Criminal Legal Aid (Scotland) (Prescribed Proceedings) Regulations 1997— It was moved by the Lord Hardie that the draft Regulations laid before the House on 27th November be approved en bloc; the motion was agreed to. 23. Museums and galleries: free access—The Earl of Clancarty asked Her Majesty’s Government what steps they are taking to ensure free and continuous access to public museums and galleries; after debate, the question was answered by the Lord McIntosh of Haringey. The House was adjourned at twenty-five minutes past six o’clock to Monday 12th January, half-past two o’clock.