House of Lords Journal 231 (Session 1997-98)

Previous Next Page 421 1997-98 Volume 231       Monday 12 January 1998 The House met at a half-past two o’clock. The following Lords Spiritual and Temporal were present: Irvine of Lairg, L. (Lord Chancellor) Aberdare, L. Ackner, L. Addington, L. Ailesbury, M. Ailsa, M. Alexander of Tunis, E. Alexander of Weedon, L. Allen of Abbeydale, L. Amos, B. Ampthill, L. Anelay of St. Johns, B. Annan, L. Archer of Sandwell, L. Archer of Weston-Super-Mare, L. Ashbourne, L. Ashburton, L. Ashley of Stoke, L. Astor of Hever, L. Avebury, L. Baker of Dorking, L. Barber, L. Barnett, L. Bassam of Brighton, L. Beaumont of Whitley, L. Belhaven and Stenton, L. Beloff, L. Belstead, L. Berkeley, L. Bethell, L. Biffen, L. Birdwood, L. Blackburn, Bp. Blackwell, L. Blaker, L. Blatch, B. Blease, L. Blyth, L. Boardman, L. Borrie, L. Boston of Faversham, L. Bowness, L. Brabazon of Tara, L. Bradford, Bp. Bradford, E. Brentford, V. Bridges, L. Brightman, L. Brooke of Alverthorpe, L. Brooks of Tremorfa, L. Brougham and Vaux, L. Bruce of Donington, L. Bruntisfield, L. Burlison, L. Burnham, L. Cadman, L. 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. Carver, L. Castle of Blackburn, B. Chalfont, L. Chapple, L. Charteris of Amisfield, L. Chesham, L. Clancarty, E. Clanwilliam, E. Cledwyn of Penrhos, L. Clinton-Davis, L. Cockfield, L. Cocks of Hartcliffe, L. Coleraine, L. Coleridge, L. Colville of Culross, V. Colwyn, L. Constantine of Stanmore, L. Cooke of Islandreagh, L. Cope of Berkeley, L. Courtown, E. Cowdrey of Tonbridge, L. Craig of Radley, L. Craigavon, V. Craigmyle, L. Cranborne, V. Crickhowell, L. Cross, V. Cuckney, L. Cullen of Ashbourne, L. Darcy de Knayth, B. David, B. Davidson, V. Davies of Oldham, L. De Freyne, L. Dean of Beswick, L. Dean of Harptree, L. Denbigh, E. Desai, L. Dholakia, L. Dilhorne, V. Dixon, L. Dixon-Smith, L. Dormand of Easington, L. Downshire, M. Dubs, L. Eatwell, L. Eccles of Moulton, B. Elibank, L. Elis-Thomas, L. Ellenborough, L. Elles, B. Elliott of Morpeth, L. Elton, L. Emerton, B. Erne, E. Erroll, E. Evans of Parkside, L. Ezra, L. Falkland, V. Farrington of Ribbleton, B. Ferrers, E. Fitt, L. Flather, B. Flowers, L. Fookes, B. Gainford, L. Gainsborough, E. Gallacher, L. Gardner of Parkes, B. Garel-Jones, L. Geddes, L. Geraint, L. Gerard, L. Gillmore of Thamesfield, L. Gisborough, L. Gladwin of Clee, L. Gordon of Strathblane, L. Gould of Potternewton, B. Gowrie, E. Graham of Edmonton, L. Granard, E. Grantchester, L. Gray of Contin, L. Greenhill of Harrow, L. Greenway, L. Grenfell, L. Grey, E. Hacking, L. Halsbury, E. Hamwee, B. Hankey, L. Harding of Petherton, L. Hardinge of Penshurst, L. Hardy of Wath, L. Harris of Greenwich, L. Haskel, L. Hattersley, L. Hayhoe, L. Hayman, B. Hayter, L. Healey, L. Henderson of Brompton, L. Henley, L. Higgins, L. Hilton of Eggardon, B. Hogg of Cumbernauld, L. Holderness, L. Hollis of Heigham, B. Holme of Cheltenham, L. HolmPatrick, L. Home, E. Hooper, B. Hooson, L. Page 422 1997-98 Volume 231 Back to top Hope of Craighead, L. Howe, E. Howell of Guildford, L. Howie of Troon, L. Hoyle, L. Hughes, L. Hughes of Woodside, L. Hunt of Kings Heath, L. Hunt of Wirral, L. Hurd of Westwell, L. Hussey of North Bradley, L. Hutchinson of Lullington, L. Hylton, L. Inglewood, L. Ironside, L. Islwyn, L. Janner of Braunstone, L. Jay of Paddington, B. Jeffreys, L. Jeger, B. 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. Kennet, L. Kilbracken, L. Kilmarnock, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kintore, E. Kirkhill, L. Knollys, V. Lauderdale, E. Lawrence, L. Layton, L. Leathers, V. Leigh, L. Lester of Herne Hill, L. Lewin, L. Liverpool, E. Lloyd of Berwick, L. Lockwood, B. Lofthouse of Pontefract, L. Longford, E. Lowry, L. Lucas, L. Lucas of Chilworth, L. Ludford, B. Luke, L. Lytton, E. McColl of Dulwich, L. McConnell, L. McIntosh of Haringey, L. MacLaurin of Knebworth, L. MacLehose of Beoch, L. Macleod of Borve, B. McNair, L. McNally, L. Maddock, B. Mallalieu, B. Mar, C. 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. Molyneaux of Killead, L. Monckton of Brenchley, V. Monkswell, L. Monro of Langholm, L. Montgomery of Alamein, V. Moran, L. Morris of Castle Morris, L. Morris of Manchester, L. Mottistone, L. Mountevans, L. Moyne, L. Moynihan, L. Munster, E. Murton of Lindisfarne, L. Napier and Ettrick, L. Napier of Magdâla, L. Naseby, L. Nelson, E. Newall, L. Newton of Braintree, L. Nicholson of Winterbourne, B. Nicol, B. Noel-Buxton, L. Norrie, L. Northbourne, L. Northesk, E. Ogmore, L. Onslow of Woking, L. Orme, L. Oxfuird, V. Palmer, L. Palumbo, L. Park of Monmouth, B. Patten, L. Paul, L. Pearson of Rannoch, L. Pender, L. Perry of Southwark, B. Perry of Walton, L. Peston, L. Phillips of Ellesmere, L. Pilkington of Oxenford, L. Pitkeathley, B. Plant of Highfield, L. Platt of Writtle, B. Ponsonby of Shulbrede, L. Prior, L. Prys-Davies, L. Puttnam, L. Quirk, L. Ramsay of Cartvale, B. Randall of St. Budeaux, L. Rathcavan, L. Rawlings, B. Razzall, L. Rea, L. Reading, M. Redesdale, L. Rees, L. Rendell of Babergh, B. Renfrew of Kaimsthorn, L. Rennell, L. Renton, L. Renwick, L. Richard, L. Richardson, L. Roberts of Conwy, L. Rodgers of Quarry Bank, L. Rogers of Riverside, L. Roll of Ipsden, L. Rowallan, L. Russell-Johnston, L. Ryder of Wensum, L. Sainsbury of Turville, L. Saint Albans, D. St. Davids, V. St. John of Bletso, L. Seccombe, B. Selkirk of Douglas, L. Sempill, L. Shannon, E. Sharples, B. Shaughnessy, L. Shaw of Northstead, L. Shepherd, L. Shore of Stepney, L. Simon, V. Simon of Glaisdale, L. Skelmersdale, L. Skidelsky, L. Slim, V. Soulsby of Swaffham Prior, L. Spens, L. Stanley of Alderley, L. Steel of Aikwood, L. Stewartby, L. Stone of Blackheath, L. Strabolgi, L. Strange, B. Strathcarron, L. Strathclyde, L. Strathcona and Mount Royal, L. Sudeley, L. Swansea, L. Taverne, L. Taylor of Blackburn, L. Taylor of Gryfe, L. Tenby, V. Teviot, L. Thomas of Gresford, L. Thomas of Gwydir, L. Thomas of Macclesfield, L. Thomas of Walliswood, B. Thomson of Monifieth, L. Thurlow, L. Tope, L. Tordoff, L. Trefgarne, L. Trumpington, B. Turner of Camden, B. Ullswater, V. 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. Page 423 1997-98 Volume 231 Back to top Waverley, V. Weatherill, L. Wellington, D. Westbury, L. Wharton, B. Whitty, L. Wigoder, L. Wilberforce, L. Wilcox, B. Williams of Crosby, B. Williams of Elvel, L. Williams of Mostyn, L. Winchilsea and Nottingham, E. Winston, L. Wise, L. Wright of Richmond, L. Young, B. PRAYERS were read by the Lord Bishop of Bradford. Judicial Business 1. 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) (Appellant) v. McKeown and others (Respondents) (England) (lodged 5th January)—The appeal of Paul Foskett was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 23rd February next. 2. Commissioners of Customs and Excise (Respondents) v. Redrow Group Plc (Appellants) (England) (lodged 5th January)—The appeal of Redrow Group Plc was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 23rd February next. 3. Bank of Baroda (Respondents) v. Dhillon and another (A.P.) (Petitioner) (lodged 23rd December)—The petition of Surjit Kaur Dhillon praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged. 4. Regina v. Investors Compensation Scheme Limited (Petitioners) ex parte Taylor (Respondent) (lodged 23rd December)—The petition of the Investors Compensation Scheme Limited praying for leave to appeal was presented and referred to an Appeal Committee. 5. O’Loughlin (Respondent) v. Chief Constable of Essex (Petitioner) (lodged 5th January)—The petition of the Chief Constable of Essex praying for leave to appeal was presented and referred to an Appeal Committee. 6. Regina v. Secretary of State for the Home Department (Respondent) ex parte Khan (Petitioner) (lodged 5th January)—The petition of Khalid Masood Khan praying for leave to appeal was presented and referred to an Appeal Committee. 7. Ujima Housing Association (Respondents) v. Ansah (A.P.) (Petitioner) (lodged 5th January)—The petition of Ernest Ansah praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged. 8. London Borough of Wandsworth (Respondents) v. D’Silva and another (Petitioners) (lodged 9th January)—The petition of Dion D’Silva and Francis Lawn praying for leave to appeal was presented and referred to an Appeal Committee. 9. Strachan & Henshaw Limited (Petitioners) v. Stein Industrie (UK) and another (Respondents) (lodged 9th January)—The petition of Strachan & Henshaw Limited praying for leave to appeal was presented and referred to an Appeal Committee. 10. Regina v. Stafford Crown Court (Respondents) ex parte Shipley (Petitioner)—The petition of Steven John Shipley praying for leave to appeal was presented and referred to an Appeal Committee. 11. Secretary of State for the Home Department (Appellant) v. Adan (A.P.) (Respondent)—The cause was set down for hearing and referred to an Appellate Committee. 12. Regina v. Chief Constable of Sussex (Respondent) ex parte International Trader’s Ferry Limited (Appellants)—The cause was set down for hearing and referred to an Appellate Committee. 13. Jameson and another (Respondents) v. Central Electricity Generating Board (Appellants) and others—The cause was set down for hearing and referred to an Appellate Committee. 14. Krol (A.P.) (Appellant) v. Craig (Respondent) (Scotland)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 25th February next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed. 15. Hutchison Reid (A.P.) (Respondent) v. Secretary of State for Scotland (Appellant) and another (Scotland)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 25th February next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed. 16. Kuwait Airways Corporation and another (Appellants) v. Kuwait Insurance Company S A K and others (Respondents)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs, the respondents having signified their consent within the time limited by Standing Order. Page 424 1997-98 Volume 231 Back to top 17. Clarke (A.P.) (Respondent) v. Kato, Smith and General Accident Fire & Life Assurance Corporation plc (Appellants)— 18. Cutter (A.P.) (Respondent) v. Eagle Star Insurance Company Ltd (Appellants)— (Conjoined appeals)— The legal aid certificate of the respondent in the second appeal was lodged. 19. Director of Public Prosecutions (Appellant) v. Jackson (A.P.) (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—The respondent’s legal aid certificate was lodged. Papers 20. Instrument withdrawn—The following instrument, laid before the House on 18th December, was withdrawn: Draft Scheme for Construction Contracts (England and Wales) Regulations 1998. 21. 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. Monopolies and Mergers Commission—MMC Reports on: (i) the supply in the UK of tour operators’ services and travel agents’ services in relation to foreign package holidays; (19th December) (3813) (ii) PacifiCorp and The Energy Group plc: A report on the proposed acquisition; (19th December) (3816) 2. Investment Protection—Agreement between the United Kingdom and Cote d’Ivoire for the promotion and protection of investments; (31st December)   (3826) 3. Double Taxation—Convention between the United Kingdom and Uganda for the avoidance of double taxation and the prevention of fiscal evasion; (31st December)   (3827) 4. Museums and Galleries—Report for 1996–97 of Sir John Soane’s Museum. (7th January)   (—) 22. Statutory Instruments (Standing Order 68)—The following statutory instruments, having been laid before the House on the dates shown, were ordered to lie on the Table: Title, etc. S.I. No. Date of laying Negative Instruments Smoke Control Areas (Exempted Fireplaces) Order 1997, laid under the Clean Air Act 1993; 3009 19th December Road Vehicles (Statutory Off-Road Notification) Regulations 1997, laid under the Vehicle Excise and Registration Act 1994; 3025 19th December (i) Non-Domestic Rating Contributions (England) (Amendment) Regulations 1997— 3031 19th December (ii) Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 1997— laid under the Local Government Finance Act 1988; 3003 19th December Education (Grant) (Amendment) (No. 2) Regulations 1997, laid under the Education Act 1996; 2961 19th December Non-automatic Weighing Instruments (EEC Requirements) (Amendment) Regulations 1997, laid under the European Communities Act 1972; 3035 19th December Food (Pistachios from Iran) (Emergency Control) (Amendment) Order 1997, laid under the Food Safety Act 1990; 3046 22nd December Merchant Shipping (ISM Code) (Ro-Ro Passenger Ferries) Regulations 1997, laid under the European Communities Act 1972; 3022 22nd December Merchant Shipping (Port Waste Reception Facilities) Regulations 1997, laid under the Merchant Shipping Act 1995; 3018 22nd December Highway Litter Clearance and Cleaning (Transfer of Responsibility) Order 1997, laid under the Environmental Protection Act 1990; 2960 22nd December Rent Assessment Committees (England and Wales) (Amendment) Regulations 1997, laid under the Rent Act 1977; 3007 22nd December Page 425 1997-98 Volume 231 Back to top Title, etc. S.I. No. Date of laying Long Residential Tenancies (Supplemental Forms) Regulations 1997, laid under the Local Government and Housing Act 1989; 3005 22nd December Rules of the Supreme Court (Northern Ireland) (Assessment No. 3) 1997, laid under the Judicature (Northern Ireland) Act 1978; — 22nd December Land Registration Rules 1997, laid under the Land Registration Act 1925; 3037 22nd December Local Government Superannuation (Scotland) Amendment (No. 4) Regulations 1997, laid under the Superannuation Act 1972; 3048 22nd December Personal and Occupational Pension Schemes (Miscellaneous Amendments) (No. 2) Regulations 1997, laid under the Pension Schemes Act 1993; 3038 22nd December Social Security (Claims and Payments) Amendment Regulations 1997, laid under the Social Security Administration Act 1992; 3034 22nd December Wireless Telegraphy Apparatus Approval and Examination Fees Order 1997, laid under the Telecommunications Act 1984; 3050 22nd December Electromagnetic Compatibility (Wireless Telegraphy Apparatus) Certification and Examination Fees Regulations 1997, laid under the Finance Act 1973; 3051 22nd December Sole, etc. (Specified Sea Areas) (Prohibition of Fishing) Order 1997, laid under the Sea Fish Conservation Act 1967; 3054 23rd December Specified Risk Material (Amendment) Regulations 1997, laid under the Food Safety Act 1990; 3062 23rd December Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1997, laid under the Town and Country Planning (Scotland) Act 1997; 3060 29th December Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 1997, laid under the Vehicle Excise and Registration Act 1994; 3063 30th December Local Government (Changes for the Registration Service in Berkshire, Cambridgeshire, Cheshire, Devon, Essex, Hereford & Worcester, Kent, Lancashire, Nottinghamshire and Shropshire) Order 1997, laid under the Local Government Act 1992; 3067 31st December Immigration (European Economic Area) (Amendment) Order 1997, laid under the European Communities Act 1972; 2981 5th January Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) (No. 2) Order 1997, laid under the Criminal Justice Act 1988; 2976 5th January Secretary of State for the Environment, Transport and the Regions Order 1997, laid under the Ministers of the Crown Act 1975; 2971 5th January Drug Trafficking Act 1994 (Designated Countries and Territories) (Amendment) (No. 2) Order 1997, laid under the Drug Trafficking Act 1994; 2980 5th January Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) (No. 2) Order 1997, laid under the Criminal Justice (International Co-operation) Act 1990; 2977 5th January National Health Service (Proposals for Pilot Schemes) and (Miscellaneous Amendments) Amendment Regulations 1998, laid under the National Health Service Act 1977; 3 7th January Road Vehicles (Construction and Use) (Amendment) Regulations 1998, laid under the Road Traffic Act 1988; 1 7th January Social Fund Winter Fuel Payment Regulations 1998, laid under the Social Security Contributions and Benefits Act 1992; 19 8th January Page 426 1997-98 Volume 231 Back to top Title, etc. S.I. No. Date of laying Beef Carcase (Classification) (Amendment) Regulations 1998, laid under the European Communities Act 1972; 12 8th January (i) National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998— 5 8th January (ii) National Health Service (General Medical Services) (Scotland) Amendment Regulations 1998— 4 8th January laid under the National Health Service (Scotland) Act 1978; Traffic Signs (Temporary Obstructions) Regulations 1997, laid under the Road Traffic Regulation Act 1984; 3053 8th January Conservation (Natural Habitats, &c.) (Amendment) Regulations 1997, laid under the European Communities Act 1972; 3055 9th January Motor Vehicles (Driving Licences) (Amendment) Regulations 1998, laid under the Road Traffic Act 1988; 20 9th January (i) Road Traffic (Special Parking Area) (London Borough of Haringey) (Amendment) Order 1997— 3057 9th January (ii) Road Traffic (Special Parking Area) (London Borough of Bromley) (Amendment) Order 1997— 3056 9th January laid under the Road Traffic Act 1991; Instrument not subject to parliamentary proceedings Falkland Islands Constitution (Amendment) (No. 2) Order 1997, laid under the British Settlements Act 1887. 2974 5th January 23. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table: 1. Draft Visiting Forces and International Headquarters (Application of Law) (Amendment) Order 1998; 2. Draft Scheme for Construction Contracts (England and Wales) Regulations 1998. 24. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: 1. Prison (Amendment) Rules 1998, laid under the Prison Act 1952;   (23) 2. (i) Code of Practice for the safe use of pesticides on farms and holdings— (—) (ii) Code of Practice for suppliers of pesticides to agriculture, horticulture and forestry— (—)   laid under the Food and Environment Protection Act 1985; 3. Financial Markets and Insolvency (Ecu Contracts) Regulations 1998, laid under the Companies Act 1989.   (27) 25. 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 Independent Commission for Police Complaints for Northern Ireland, together with the Report of the Comptroller and Auditor General, laid under the Police (Northern Ireland) Order 1987; 2. (i) Accounts for 1995–97 of the Scottish Children’s Reporter Administration, together with the Report of the Comptroller and Auditor General— (ii) Report for 1996–97 of the Scottish Children’s Reporter Administration—   laid under the Local Government etc. (Scotland) Act 1994; 3. Statement of guarantee given by the Secretary of State for Health on loans proposed to be raised by the Leicester General Hospital National Health Service Trust, laid under the National Health Service and Community Care Act 1990; 4. Report for 1996–97 of the Ancient Monuments Board for Wales, laid under the Ancient Monuments and Archaeological Areas Act 1979; 5. Report and Accounts for 1996–97 of the Covent Garden Market Authority, laid under the Covent Garden Market Act 1961; Page 427 1997-98 Volume 231 Back to top 6. Accounts for 1996–97, together with the Report of the Comptroller and Auditor General, of the— (i) Natural Environment Research Council— (ii) Medical Research Council—   laid under the Science and Technology Act 1965. Public Business 26. Petroleum Bill [HL]—It was moved by the Lord Chancellor that the bill be now read a second time; the motion was agreed to and the bill was referred to the Joint Committee on Consolidation Bills. 27. Late Payment of Commercial Debts (Interest) Bill [HL]—It was moved by the Lord Clinton-Davis 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. 28. Northern Ireland (Emergency Provisions) Bill—It was moved by the Lord Dubs 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. 29. Architecture and design in public buildings—The Lord Inglewood asked Her Majesty’s Government what steps they are taking to improve the standard of architecture and design in public buildings and buildings which are wholly or partly paid for by public funds; after debate, the question was answered by the Lord McIntosh of Haringey. The House was adjourned at six minutes past nine o’clock till tomorrow, half-past two o’clock.