House of Lords Journal 231 (Session 1997-98)

Previous Next Page 540 1997-98 Volume 231       Monday 23 February 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) Abercorn, D. Aberdare, L. Abinger, L. Ackner, L. Acton, 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. Ashley of Stoke, L. Astor, V. Astor of Hever, L. Avebury, L. Baker of Dorking, L. Baldwin of Bewdley, E. Balfour of Inchrye, L. Barber of Tewkesbury, L. Bassam of Brighton, L. Bath, M. Beaumont of Whitley, L. Beaverbrook, L. Belhaven and Stenton, L. Beloff, L. Belstead, L. Berkeley, L. Bethell, L. Biddulph, L. Biffen, L. Birdwood, L. Blackstone, B. Blaker, L. Blatch, B. Blease, L. Blyth, L. Borrie, L. Boston of Faversham, L. Bowness, L. Brabazon of Tara, L. Brain, L. Braine of Wheatley, L. Braybrooke, L. Bridge of Harwich, L. Brightman, L. Brigstocke, B. Brooke of Alverthorpe, L. Brookes, L. Brooks of Tremorfa, L. Brougham and Vaux, L. Broughshane, L. Bruce of Donington, L. Bruntisfield, L. Burlison, L. Burnham, L. Butterfield, L. Butterworth, L. Cadman, L. Caithness, E. Callaghan of Cardiff, L. Calverley, L. Campbell of Alloway, L. Campbell of Croy, L. Carlisle, E. Carmichael of Kelvingrove, L. Carnegy of Lour, B. Carnock, L. Carter, L. Carver, L. Castle of Blackburn, B. Chalker of Wallasey, B. Charteris of Amisfield, L. Chelmsford, V. Chesham, L. Clancarty, E. Clanwilliam, E. Cledwyn of Penrhos, L. Clinton-Davis, L. Cockfield, L. Cocks of Hartcliffe, L. Coleraine, L. Colville of Culross, V. Colwyn, L. Cope of Berkeley, L. Courtown, E. Cowdrey of Tonbridge, L. Cox, B. Craig of Radley, L. Craigavon, V. Cranborne, V. Cross, V. Cuckney, L. Cullen of Ashbourne, L. Cumberlege, B. Currie of Marylebone, L. Dacre of Glanton, L. Dahrendorf, L. Darcy de Knayth, B. 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. Diamond, L. Dixon, L. Dixon-Smith, L. Dormand of Easington, L. Dubs, L. Eatwell, L. Elis-Thomas, L. Elles, B. Elton, L. Evans of Parkside, L. Exmouth, V. Ezra, L. Falconer of Thoroton, L. Falkland, V. Farrington of Ribbleton, B. Fitt, L. Flather, B. Flowers, L. Fookes, B. Forbes, L. Fraser of Carmyllie, L. Freyberg, L. Gainford, L. Gallacher, L. Gardner of Parkes, B. Garel-Jones, L. Geddes, L. Geraint, L. Gilbert, L. Gilmour of Craigmillar, L. Gladwin of Clee, L. Gladwyn, L. Glenamara, L. Glenarthur, L. Gordon of Strathblane, L. Gormanston, V. Gould of Potternewton, B. Graham of Edmonton, L. Gray of Contin, L. Greene of Harrow Weald, L. Greenhill of Harrow, L. Greenway, L. Gregson, L. Grenfell, L. Grey, E. Hacking, L. Halsbury, E. Hampton, L. Hamwee, B. Hanworth, V. Hardie, L. Harding of Petherton, L. Hardinge of Penshurst, L. Hardwicke, E. Hardy of Wath, L. Harlech, L. Page 541 1997-98 Volume 231 Back to top Harmsworth, L. Harris of Greenwich, L. Harrowby, E. 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, B. Hogg of Cumbernauld, L. Holderness, L. Holme of Cheltenham, L. HolmPatrick, L. Hooper, B. Hooson, L. 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. Hutchinson of Lullington, L. Hylton-Foster, B. Ilchester, E. Ironside, L. Islwyn, L. Jacobs, L. Jay of Paddington, B. Jeger, B. Jellicoe, E. Jenkin of Roding, L. Jenkins of Hillhead, L. Jenkins of Putney, L. Johnston of Rockport, L. Judd, L. Kennet, L. Kilbracken, L. Kilmarnock, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kirkhill, L. Kirkwood, L. Knollys, V. Lane of Horsell, L. Lang of Monkton, L. Lauderdale, E. Lawrence, L. Layton, L. Leathers, V. Leigh, L. Lester of Herne Hill, L. Levy, L. Limerick, E. Lindsey and Abingdon, E. Liverpool, E. Lockwood, B. Lofthouse of Pontefract, L. Long, V. Longford, E. Lovell-Davis, L. Lowry, 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. Macleod of Borve, B. McNally, L. Maddock, B. Mallalieu, B. Mancroft, L. Mar, C. Mar and Kellie, E. Marlesford, L. Marsh, L. Masham of Ilton, B. Mason of Barnsley, L. Mayhew of Twysden, L. 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. Monkswell, L. Montague of Oxford, L. Moran, L. Morris of Manchester, L. Mottistone, L. Mountevans, L. Moyne, L. Moynihan, L. Munster, E. Murray of Epping Forest, L. Napier and Ettrick, L. Naseby, L. Nelson, E. Newall, L. Newby, L. Newton of Braintree, L. Nicholson of Winterbourne, B. Nicol, B. Noel-Buxton, L. Northbourne, L. Northesk, E. Northfield, L. Norton, L. O’Cathain, B. Ogmore, L. Oliver of Aylmerton, L. Onslow of Woking, L. Orme, L. Orr-Ewing, L. Oxfuird, V. Palmer, L. Park of Monmouth, B. Paul, L. Peel, E. 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. Porter of Luddenham, L. Prior, L. Prys-Davies, L. Quinton, L. Quirk, L. Ramsay of Cartvale, B. Randall of St. Budeaux, L. Rankeillour, L. Rawlings, B. Razzall, L. Rea, L. Reay, L. Redesdale, L. Rendell of Babergh, B. Renfrew of Kaimsthorn, L. Rennell, L. Renton of Mount Harry, L. Renwick, L. Richard, L. Ripon, Bp. Rix, L. Roberts of Conwy, L. Robson of Kiddington, B. Rochester, L. Rodgers of Quarry Bank, L. Rogers of Riverside, L. Rotherwick, L. Rowallan, L. Runciman of Doxford, V. Russell, E. Saint Albans, D. St. Davids, V. St. John of Bletso, L. St. John of Fawsley, L. Saltoun of Abernethy, Ly. Sanderson of Bowden, L. Sandys, L. Seccombe, B. Sefton of Garston, L. Selkirk of Douglas, L. Sempill, L. Serota, B. Sewel, L. Shannon, E. Shaughnessy, L. Shore of Stepney, L. Simon, V. Simon of Glaisdale, L. Simon of Highbury, L. Simpson of Dunkeld, L. Skelmersdale, L. Skidelsky, L. Slim, V. Smith of Gilmorehill, B. Spens, L. Stallard, L. Steel of Aikwood, L. Stewartby, L. Stoddart of Swindon, L. Stone of Blackheath, L. Strabolgi, L. Strange, B. Strathcarron, L. Strathclyde, L. Page 542 1997-98 Volume 231 Back to top Strathcona and Mount Royal, 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 Gresford, L. Thomas of Macclesfield, L. Thomas of Walliswood, B. Thomson of Monifieth, L. Thurlow, L. Thurso, V. Tope, L. Tordoff, L. Trenchard, V. Turner of Camden, B. Ullswater, V. Varley, L. Vivian, L. Waddington, L. Wade of Chorlton, L. Walker of Doncaster, L. Wallace of Coslany, L. Wallace of Saltaire, L. Warnock, B. Watson of Invergowrie, L. Waverley, V. Weatherill, L. Wedderburn of Charlton, L. Westbury, 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. Wise, L. Wright of Richmond, L. Young, B. Young of Old Scone, B. Younger of Leckie, V. PRAYERS were read by the Lord Bishop of Ripon. 1. Viscount Younger of Leckie (Lord Younger of Prestwick)—Presented his writ as Viscount Younger of Leckie, and took and subscribed the oath accordingly. 2. Royal Assent—The Lord Chancellor notified the Queen’s Assent to the following Act: Greater London Authority (Referendum) Act c. 3 Judicial Business 3. In re L (by his next friend DF) (Respondent) (England)—The appeal of an NHS Trust was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 6th April next. 4. Regina v. Oxfordshire County Council and others (Respondents) ex parte Sunningwell Parish Council (Appellants) (England)—The appeal of Sunningwell Parish Council was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 6th April next. 5. Regina v. Metropolitan Police Commissioners and others (Respondents) ex parte Soper (Petitioner)—The petition of Mark Soper praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee. 6. 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 8th April next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed. 7. Appeal Committee—The 52nd Report from the Appeal Committee was agreed to and the following Orders were made: Credit Suisse Fides Trust SA (Respondents) v. Cuoghi (Petitioner)—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. Christoper Moran Holdings Limited (Respondents) v. Bairstow and another (Petitioners)—That the respondents be invited to lodge objections by 9th March next. Wilson (Respondent) v. Chief Constable of the Royal Ulster Constabulary (Petitioner) (Northern Ireland)—That leave to appeal be refused; 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. Larkin (Respondent) v. Chief Constable of the Royal Ulster Constabulary (Petitioner) (Northern Ireland)—That leave to appeal be refused; that the respondent be at liberty to apply for her 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. O’Dwyer (as personal representative of the estate of Michael O’Dwyer (Deceased)) (Respondent) v. Chief Constable of the Royal Ulster Constabulary (Petitioner) (Northern Ireland)—That leave to appeal be refused; that the respondent be at liberty to apply for her 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. Loughran (as personal representative of the estate of Patrick Loughran (Deceased)) (Respondent) v. Chief Constable of the Royal Ulster Constabulary (Petitioner) (Northern Ireland)—That leave to appeal be refused; that the respondent be at liberty to apply for her Page 543 1997-98 Volume 231 Back to top 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. Frankland (Petitioner) v. Commissioners of Inland Revenue (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. Birmingham Midshires Mortgage Services Limited (formerly Hypo-Mortgage Services Limited) and others (Petitioners) v. David Parry & Co (a firm) 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. Firstcity Insurance Group Limited and others (Respondents) v. Frizzell Group Limited (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 53rd Report from the Appeal Committee was agreed to and the following Orders were made: W (A.P.) (Petitioner) v. Home Office (Respondent)—That the respondent be invited to lodge objections by 9th March next. Regina v. Elmbridge Borough Council (Respondents) ex parte Activeoffice Limited (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. Hollis (Respondent) v. Dudley Metropolitan Borough Council (Petitioners)—That leave to appeal be refused; that the respondent be at liberty to apply for her 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. Probert (Respondent) v. Dudley Metropolitan Borough Council (Petitioners)—That leave to appeal be refused; 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. Ouanes (A.P.) (Petitioner) v. Secretary of State for the Home Department (Respondent)—That the respondent be invited to lodge objections by 9th March next. Bank of Baroda (Respondents) v. Dhillon and another (A.P.) (Petitioner)—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. London Borough of Wandsworth (Respondents) v. D’Silva 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. 9. Burton (A.P.) (Respondent) v. Mayor etc. of the London Borough of Camden (Petitioners)—The respondent’s legal aid certificate was lodged. 10. Vehicle Inspectorate (Respondents) v. Nuttall (A.P.) (Appellant) (On Appeal from a Divisional Court of the Queen’s Bench Division)—The appellant’s legal aid certificate was lodged. Papers 11. 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. Works of Art—Minute dated 19th February on the indemnification of works of art lent to the British Council for Exhibitions to be held in a number of overseas locations for the first half of financial year 1998–99; (20th February)   (—) 2. Housing—“Planning for the Communities of the Future”: Government proposals; (23rd February)   (3885) 3. Arts and Libraries—Report and Accounts for 1996–97 of the Arts Council of Wales. (23rd February)   (—) 12. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table: 1. Draft Public Processions (Northern Ireland) Act 1998 (Code of Conduct) Order 1998; 2. Draft Public Processions (Northern Ireland) Act 1998 (Guidelines) Order 1998; 3. Draft Public Processions (Northern Ireland) Act 1998 (Procedural Rules) Order 1998; 4. Draft Greater London Authority (Referendum) Order 1998. Page 544 1997-98 Volume 231 Back to top 13. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: 1. (i) Council Tax (Discounts) (Scotland) Amendment Regulations 1998— (340) (ii) Council Tax (Discounts) (Scotland) Amendment Order 1998— (341)   laid under the Local Government Finance Act 1992; 2. European Convention on Extradition Order 1990 (Amendment) Order 1998, laid under the Extradition Act 1989;   (259) 3. Merchant Shipping (Prevention of Pollution) (Amendment) Order 1998, laid under the Merchant Shipping Act 1995;   (254) 4. Plant Health (Great Britain) (Amendment) Order 1998, laid under the Plant Health Act 1967.   (349) 14. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: 1. Business Monitor PA 1002: Production and Construction Inquiries Summary Volume for 1995, laid under the Statistics of Trade Act 1947; 2. Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 1998, laid under the Social Security (Miscellaneous Provisions) Act 1977;   (262) 3. Parades Commission for Northern Ireland— (i) Draft Code of Conduct— (ii) Draft Guidelines— (iii) Draft Procedural Rules—   laid under the Public Processions (Northern Ireland) Act 1998. Private Business 15. Urban Development Corporations in England (Area and Constitution) Order 1998—The petition against the Order from the Mersey Docks and Harbour Company was withdrawn. [20th February] Public Business 16. Teaching and Higher Education Bill [HL]—After debate, the report was received; an amendment was moved and (by leave of the House) withdrawn; amendments were agreed to; further consideration on report was adjourned after amendment 3. 17. Competition Bill [HL]—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; further consideration on report was adjourned. 18. Social Security (Incapacity for Work) (General) Amendment Regulations 1998— 19. Social Security (Contributions) (Re-rating and National Insurance Fund Payments) Order 1998— 20. Social Security Benefits Up-rating Order 1998— 21. Guaranteed Minimum Pensions Increase Order 1998— It was moved by the Lord Haskel that the draft Regulations and Orders laid before the House on 5th February be approved en bloc; after debate, the motion was agreed to. The House was adjourned during pleasure. The House was resumed. 22. Competition Bill [HL]—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; it was ordered that the bill be printed as amended. (HL Bill 78) The House was adjourned at six minutes before midnight till tomorrow, half-past two o’clock. APPENDIX PROCEEDINGS OF THE GRAND COMMITTEE OF THE WHOLE HOUSE IN THE MOSES ROOM ON THE DATA PROTECTION BILL [HL] The Committee met at half-past three o’clock. The Deputy Chairman of Committees (Lord Ampthill) was in the Chair. Amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; further consideration on report was adjourned until Wednesday next, four o’clock.