House of Lords Journal 231 (Session 1997-98) |
Lords Journals Contents Index Alphabetical list of Lords Minutes and Order Papers |
Wednesday 25 March 1998 The House met at half-past two o’clock. The following Lords Spiritual and Temporal were present: Irvine of Lairg, L.
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David, B. Davidson, V. 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. Denman, L. Denton of Wakefield, B. Derwent, L. Dholakia, L. Dilhorne, V. Dixon, L. Dixon-Smith, L. Donegall, M. Dormand of Easington, L. Dowding, L. Downshire, M. Drogheda, E. Dundonald, E. Dunrossil, V. Durham, Bp. Eccles of Moulton, B. Effingham, E. Elibank, L. Ellenborough, L. Elliott of Morpeth, L. Elton, L. Ely, M. Erne, E. Erroll, E. Evans of Parkside, L. Exmouth, V. Ezra, L. Falkland, V. Farrington of Ribbleton, B. Feldman, L. Fisher of Rednal, B. Fitt, L. Flather, B. Fookes, B. Fraser of Carmyllie, L. Freyberg, L. Gainford, L. Gainsborough, E. Gardner of Parkes, B. Garel-Jones, L. Geddes, L. Geraint, L. Gibson, L. Gisborough, L. Gladwin of Clee, L. Gladwyn, L. Glanusk, L. Glenamara, L. Glenarthur, L. Glentoran, L. Goodhart, L. Gordon of Strathblane, L. Gormanston, V. Gould of Potternewton, B. Graham of Edmonton, L. Gray of Contin, L. Greene of Harrow Weald, L. Gregson, L. Grey, E. Grimston of Westbury, L. |
Hacking, L. Haddington, E. Halsbury, E. Hamilton of Dalzell, L. Hamwee, B. Hankey, L. Harding of Petherton, L. Hardinge of Penshurst, L. Hardwicke, E. Hardy of Wath, L. Harmar-Nicholls, L. Harmsworth, L. Harrowby, E. Haskel, L. Hayhoe, L. Hayman, B. Hayter, L. Healey, L. Hemphill, 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. Howe, E. Howell of Guildford, L. Howie of Troon, L. Hoyle, L. Hughes, L. Hughes of Woodside, L. Hunt of Wirral, L. Huntingdon, E. Hurd of Westwell, L. Hutton, L. Hylton, L. Hylton-Foster, B. Inchyra, L. Inglewood, L. Ironside, L. Islwyn, L. Janner of Braunstone, L. Jay of Paddington, B. Jeger, B. Jellicoe, E. Jenkin of Roding, L. Jenkins of Hillhead, L. Jenkins of Putney, L. Jopling, L. Judd, L. Kenilworth, L. Kennedy of The Shaws, B. Kennet, L. Kilbracken, L. Kilmarnock, L. Kimball, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kintore, E. Knollys, V. Lane, L. Lane of Horsell, L. |
Lang of Monkton, L. Lauderdale, E. Lawrence, L. Leathers, V. Leigh, L. Lester of Herne Hill, L. Linklater of Butterstone, B. Liverpool, E. Lloyd-George of Dwyfor, E. Lockwood, B. Lofthouse of Pontefract, L. Long, V. Longford, E. Lothian, M. Lovell-Davis, L. Lowry, L. Lucas, L. Lucas of Chilworth, L. Ludford, B. Luke, L. Lyell, L. Lytton, E. Macclesfield, E. McColl of Dulwich, L. McConnell, L. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. McNair, L. Macpherson of Drumochter, L. Maddock, B. Mallalieu, B. 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. Miller of Hendon, B. Milner of Leeds, L. Milverton, L. Mishcon, L. Molloy, L. Molyneaux of Killead, L. Monkswell, L. Monro of Langholm, L. Montagu of Beaulieu, L. Montague of Oxford, L. Montgomery of Alamein, V. Moore of Wolvercote, L. Moran, L. Morris of Manchester, L. Morton, E. Mottistone, L. Mountevans, L. Mowbray and Stourton, L. Moyne, L. Moynihan, L. Munster, E. Murray of Epping Forest, L. Murton of Lindisfarne, L. Napier and Ettrick, L. Naseby, L. Nathan, L. Nelson, E. Newall, L. Newby, L. Newton of Braintree, L. Nicholson of Winterbourne, B. |
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Nicol, B. Noel-Buxton, L. Norrie, L. Northbourne, L. Northesk, E. Norton, L. Norwich, Bp. O’Cathain, B. Ogmore, L. Oppenheim-Barnes, B. Orme, L. Orr-Ewing, L. Oxfuird, V. Palmer, L. Park of Monmouth, B. Patten, L. Paul, L. Pearson of Rannoch, L. Peel, E. Pender, L. Perry of Southwark, B. Peston, L. Peyton of Yeovil, L. Pilkington of Oxenford, L. Pitkeathley, B. Plummer of St. Marylebone, L. Porter of Luddenham, L. Prior, L. Prys-Davies, L. Pym, L. Quirk, L. Ramsay of Cartvale, B. Randall of St. Budeaux, L. Rankeillour, L. Rawlings, B. Razzall, L. Rea, L. Reay, L. Redesdale, L. Rees, L. Renfrew of Kaimsthorn, L. Rennell, L. Renton, L. Renwick, L. Richard, L. |
Rix, L. Roberts of Conwy, L. Rodgers of Quarry Bank, L. Roll of Ipsden, L. Rotherwick, L. Rowallan, L. Runcie, L. Russell, E. Russell-Johnston, L. Ryder of Wensum, L. Sainsbury, L. Saint Albans, D. St. John of Bletso, L. Saltoun of Abernethy, Ly. Sandwich, E. Seccombe, B. Sefton of Garston, L. Selkirk of Douglas, L. Sempill, L. Shannon, E. Sharples, B. Shaughnessy, L. Shaw of Northstead, L. Shepherd, L. Shore of Stepney, L. Shrewsbury, E. Simon, V. Simon of Glaisdale, L. Skelmersdale, L. Slim, V. Smith, L. Smith of Gilmorehill, B. Soper, L. Southwell, Bp. Spens, L. Stafford, L. Stair, E. Stallard, L. Steel of Aikwood, L. Stewartby, L. Stoddart of Swindon, L. Stone of Blackheath, L. Strabolgi, L. Strafford, E. |
Strange, B. Strathclyde, L. Strathcona and Mt. Royal, L. Strathmore and Kinghorne, E. Sudeley, L. Suffolk and Berkshire, E. Swinfen, L. Symons of Vernham Dean, B. Taverne, L. Taylor of Blackburn, L. Tenby, V. Teviot, L. Teynham, L. Thomas of Gwydir, L. Thomas of Macclesfield, L. Thomson of Monifieth, L. Thurlow, L. Tope, L. Trenchard, V. Turner of Camden, B. Vinson, L. Vivian, L. Waddington, L. Wakeham, L. Walker of Doncaster, L. Walpole, L. Walton of Detchant, L. Warnock, B. Waterford, M. Watson of Invergowrie, L. Weatherill, L. Wedderburn of Charlton, L. Westbury, L. Whaddon, L. Wharton, B. Whitty, L. Wigoder, L. Wilberforce, L. Wilcox, B. Williams of Crosby, B. Williams of Elvel, L. Windlesham, L. Wise, L. Woolton, E. Wright of Richmond, L. Young, B. |
PRAYERS were read by the Lord Bishop of Norwich.
| 1. | Oath—Michael Fergus Earl of Strathmore and Kinghorne took and subscribed the oath pursuant to statute. |
Judicial Business
| 2. | Swiggs and others (Respondents) v. Nagarajan (A.P.) (Petitioner) (lodged 24th March)—The petition of Gregory Nagarajan praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged. |
| 3. | Axis West Developments Limited (Appellants) v. Chartwell Land Investments Limited (Respondents) (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 6th May next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed. |
| 4. | Appeal Committee—The following Order was made pursuant to the 52nd Report: |
Christopher Moran Holdings Limited (Respondents) v. Bairstow and another (Petitioners)—That leave to appeal be given, and that the petition of appeal be lodged by 8th April next.
| 5. | Appeal Committee—The following Order was made pursuant to the 53rd Report: |
W (A.P.) (Petitioner) v. Home Office (Respondent)—That the petition be referred for hearing.
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| 6. | Appeal Committee—The 61st Report from the Appeal Committee was agreed to and the following Order was made: |
EMI Group Electronics Limited (formerly known as Thorn EMI Electronics Limited) (Petitioners) v. Coldicott (Her Majesty’s Inspector of Taxes) (Respondent)—That the petition for an appeal to be brought direct from the High Court of Justice be refused.
| 7. | Appeal Committee—The 62nd Report from the Appeal Committee was agreed to and the following Orders were made: |
Atkinson and others (Petitioners) v. Lord (Respondent)—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.
Regina v. Arnold (Petitioner)—That leave to appeal be refused.
In re Barone (application for a writ of Habeas Corpus)—That leave to appeal be refused.
Quinn (A.P.) (Petitioner) v. Ministry of Defence (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.
Abbey National plc (Respondents) v. McCann (A.P.) (Petitioner) (Northern Ireland)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981; 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.
Geenty (Respondent) v. Channel Four Television Company (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.
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. | London—A Mayor and Assembly for London: Government proposals; |
| (3897) |
| 2. | Finance—Treasury Minute on the 7th, 8th, 10th, 11th and 12th Reports of the House of Commons Public Accounts Committee; |
| (3894) |
| 3. | Utility Regulation—A Fair Deal for Consumers: Modernising the framework for utility regulation: Government consultation document. |
| (3898) |
| 9. | 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 (Exchangeable Driving Licences) Order 1998.
| 10. | Negative Instruments—The following instuments were laid before the House and ordered to lie on the Table: |
| 1. | Police Grant (No.2) (Scotland) Order 1998, laid under the Police (Scotland) Act 1967; |
| (891) |
| 2. | Education (New Grant-maintained Schools) (Finance) Regulations 1998, laid under the Education Act 1996. |
| (798) |
| 11. | Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: |
| 1. | Reports of the Scottish Law Commission on: |
| (i) | Boundary Walls— |
| (ii) | The Law of the Tenement— |
| laid under the Law Commissions Act 1965; |
| 2. | Accounts for 1996–97 of the Royal Hospital Chelsea: Army Prize Money and Legacy Funds, &c, together with the Report of the Comptroller and Auditor General, laid under the Chelsea Hospital Act 1876; |
| 3. | Report for 1997 on Government Annuities and Insurances, laid under the Government Annuities Act 1929. |
Private Business
| 12. | Tyne Tunnels Bill—The bill was reported from the Unopposed Bill Committee without amendment. |
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Public Business
| 13. | Ecclesiastical Committee—The Lord Chancellor acquainted the House that, pursuant to section 2 of the Church of England Assembly (Powers) Act 1919, he had nominated the following Lords to be members of the Ecclesiastical Committee established under that Act, and to serve for the duration of the present Parliament: |
| L. Beaumont of Whitley V. Brentford L. Brightman V. Caldecote L. Glenamara L. Hardy of Wath L. Pilkington of Oxenford L. Robertson of Oakridge | L. Strabolgi L. Templeman L. Teviot L. Wallace of Saltaire L. Westbury B. Wilcox L. Williams of Elvel. |
| 14. | Business of the House—It was moved by the Lord Carter, on behalf of the Lord Privy Seal (Lord Richard), that the debate on the motion in the name of the Lord Allen of Abbeydale set down for today shall be limited to 3½ hours and that in the name of the Lord Alton of Liverpool to 1½ hours; the motion was agreed to. |
| 15. | Social Security Bill—It was moved by the Baroness Hollis of Heigham that it be an instruction to the Committee of the Whole House to whom the Social Security Bill has been committed that they consider the bill in the following order: |
| Clauses 1 to 3 Clauses 9 and 10 Clause 40 Clause 11 Clause 41 Clause 12 Clauses 18 and 19 Clauses 4 to 8 Schedule 1 Clause 13 Schedules 2 and 3 Clause 42 Clauses 14 and 15 Schedule 4 Clauses 16 and 17 Schedule 5 Clauses 20 to 24 | Clause 35 Clause 59 Clauses 25 and 26 Clause 43 Clauses 27 and 28 Clause 44 Clauses 29 to 34 Clauses 36 and 37 Clause 39 Clauses 45 to 58 Clauses 60 to 69 Clause 38 Clauses 73 and 74 Clauses 70 to 72 Clauses 75 to 80 Schedules 6 and 7 Clause 81; |
after debate, the motion was agreed to.
| 16. | Prison service (3½-hour debate)—It was moved by the Lord Allen of Abbeydale that there be laid before the House papers relating to the problems facing the prison service in England and Wales; after debate, the motion was (by leave of the House) withdrawn. |
| 17. | Burma and Karen refugees (1½-hour debate)—It was moved by the Lord Alton of Liverpool that there be laid before the House papers relating to the plight of Karen refugees on the Burmese/Thai border and to the continued violations of human rights by the Burmese military regime; after debate, the motion was (by leave of the House) withdrawn. |
| 18. | Red squirrels—The Lord Inglewood asked Her Majesty’s Government what steps they are taking to ensure the survival of the native red squirrel in the wild in Great Britain, and what is their estimate of the chances of success; after debate, the question was answered by the Baroness Farrington of Ribbleton. |
The House was adjourned at six minutes before ten o’clock
till tomorrow, three o’clock.