House of Lords Journal 231 (Session 1997-98)

Previous Next Thursday 2 April 1998 The House met at two o’clock. The following Lords Spiritual and Temporal were present: Irvine of Lairg, L. (Lord Chancellor) Abercorn, D. Aberdare, L. Ackner, L. Acton, L. Addington, L. Addison, V. Ailesbury, M. Ailsa, M. Airlie, E. Alanbrooke, V. Aldington, L. Allen of Abbeydale, L. Allenby of Megiddo, V. 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 of Hever, L. Avebury, 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. Biffen, L. Birdwood, L. Birkett, L. Blackstone, B. Blackwell, L. Blaker, L. Blatch, B. Blyth, L. Boardman, L. Borrie, L. Boston of Faversham, L. Bowness, L. Brabazon of Tara, L. Bramall, L. Bridgeman, V. Brightman, L. Brooke of Alverthorpe, L. Brougham and Vaux, L. Browne-Wilkinson, L. Bruce of Donington, L. Bruntisfield, L. Burlison, L. Burnham, L. Burton, L. Butterworth, L. Byford, B. Cadman, L. Callaghan of Cardiff, L. Calverley, L. Campbell of Alloway, L. Campbell of Croy, L. Carew, L. Carlisle, E. Carmichael of Kelvingrove, L. Carr of Hadley, L. Carter, L. Chalfont, L. Chalker of Wallasey, B. Chesham, L. Clancarty, E. Clanwilliam, E. Cledwyn of Penrhos, L. Clinton-Davis, L. Clyde, L. Cochrane of Cults, L. Cockfield, L. Cocks of Hartcliffe, L. Coleraine, L. Coleridge, L. Colwyn, L. Cooke of Islandreagh, L. Cope of Berkeley, L. Courtown, E. Craig of Radley, L. Craigavon, V. Cranborne, V. Crickhowell, L. Cuckney, L. Cullen of Ashbourne, L. Cumberlege, B. Dacre of Glanton, 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. Denham, L. Denton of Wakefield, B. Devonport, V. Dholakia, L. Diamond, L. Dilhorne, V. Dixon, L. Donoughue, L. Dormand of Easington, L. Page 723 1997-98 Volume 231       Dubs, L. Dundee, E. Dunrossil, V. Durham, Bp. Eatwell, L. Eccles of Moulton, B. Effingham, E. Elibank, L. Elis-Thomas, L. Ellenborough, L. Elles, B. Elliott of Morpeth, L. Elton, L. Ely, M. Erroll, E. 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. Fraser of Carmyllie, L. Freyberg, L. Gage, V. Gainford, L. Gainsborough, E. Gallacher, L. Gardner of Parkes, B. Gavel-Jones, L. Geraint, L. Gilbert, L. Gillmore of Thamesfield, L. Gladwin of Clee, L. Gladwyn, L. Glenamara, L. Goodhart, L. Gormanston, V. Gould of Potternewton, B. Graham of Edmonton, L. Greene of Harrow Weald, L. Greenhill of Harrow, L. Greenway, L. Grenfell, L. Grey, E. Habgood, L. Halsbury, E. Hankey, L. Hanworth, V. Hardie, L. Harding of Petherton, L. Hardwicke, E. Hardy of Wath, L. Harmar-Nicholls, L. Haskel, L. Hayhoe, L. Hayman, B. Hayter, L. Hemphill, L. Henderson of Brompton, L. Henley, L. Higgins, L. Holderness, L. Hollis of Heigham, B. Holme of Cheltenham, L. HolmPatrick, L. Hooper, B. Hooson, L. Hope of Craighead, L. Howe, E. Howell of Guildford, L. Hoyle, L. Hughes of Woodside, L. Hunt of Kings Heath, L. Hunt of Wirral, L. Hutchinson of Lullington, L. Hutton, L. Hylton-Foster, B. Ironside, L. Irvine of Lairg, L. Islwyn, L. Janner of Braunstone, L. Jay of Paddington, B. Jeger, B. Jenkins of Hillhead, L. Jenkins of Putney, L. Jopling, L. Judd, L. Kennet, L. Keyes, L. Kilbracken, L. Kilmarnock, L. Kimball, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kintore, E. Kirkhill, L. Kitchener, E. Laing of Dunphail, L. Lane, L. Lauderdale, E. Lawrence, L. Layton, L. Leathers, V. Leicester, Bp. Leigh, L. Lester of Herne Hill, L. Levy, L. Linklater of Butterstone, B. Liverpool, E. Lloyd of Berwick, L. Lockwood, B. Lofthouse of Pontefract, L. Long, V. Longford, E. Lowry, L. Lucas, L. Lucas of Chilworth, L. Ludford, B. Luke, L. Lytton, E. McAlpine of West Green, L. McCarthy, L. McColl of Dulwich, L. McConnell, L. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Mackay of Clashfern, L. Mackay of Drumadoon, L. Macleod of Borve, B. McNair, L. McNally, 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. Mayhew of Twysden, L. Mersey, V. Meston, L. Methuen, L. Miller of Hendon, B. Milner of Leeds, L. Minto, E. Mishcon, L. Molloy, L. Molyneaux of Killead, L. Monckton of Brenchley, V. Monkswell, L. Monro of Langholm, L. Montagu of Beaulieu, 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. Murton of Lindisfarne, 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. Nolan, L. Norfolk, D. Norrie, L. Northesk, E. O’Cathain, B. Ogmore, L. Oliver of Aylmerton, L. Onslow, E. Oppenheim-Barnes, B. Orme, L. Orr-Ewing, L. Oxford, Bp. Oxfuird, V. Palmer, L. Park of Monmouth, B. Paul, L. Pearson of Rannoch, L. Peel, E. 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. Plummer of St. Marylebone, L. Ponsonby of Shulbrede, L. Porter of Luddenham, L. Prys-Davies, L. Page 724 1997-98 Volume 231 Back to top Puttnam, L. Quirk, L. Ramsay of Cartvale, B. Randall of St. Budeaux, L. Rankeillour, L. Rathcavan, L. Rawlings, B. Razzall, L. Rea, L. Rendell of Babergh, B. Rennell, L. Renton, L. Renwick, L. Renwick of Clifton, L. Richard, L. Richardson, L. Ripon, Bp. Roberts of Conwy, L. Rodgers of Quarry Bank, L. Romney, E. Rowallan, L. Runcie, L. Russell, E. Sainsbury, L. Sainsbury of Turville, L. St. John of Bletso, L. Saltoun of Abernethy, Ly. Sanderson of Bowden, L. Sandwich, E. Seccombe, B. Sefton of Garston, L. Selborne, E. Sempill, L. Shannon, E. Shaughnessy, L. Shaw of Northstead, L. Shore of Stepney, L. Simon, V. Simon of Glaisdale, L. Skidelsky, L. Slynn of Hadley, L. Smith of Gilmorehill, B. Stallard, L. Stanley of Alderley, L. Steel of Aikwood, L. Stewartby, L. Steyn, L. Stockton, E. Stoddart of Swindon, L. Strabolgi, L. Strathcarron, L. Strathclyde, L. Strathcona and Mt. Royal, L. Sudeley, L. Swansea, L. Swinfen, L. Taverne, L. Taylor of Blackburn, L. Taylor of Gryfe, L. Taylor of Warwick, L. Tebbit, L. Tenby, V. Teviot, L. Teynham, L. Thomas of Gresford, L. Thomas of Gwydir, L. Thomas of Macclesfield, L. Thomas of Walliswood, B. Thurlow, L. Thurso, V. Tope, L. Tordoff, L. Trefgarne, L. Tugendhat, L. Turner of Camden, B. Ullswater, V. Vivian, L. Waddington, L. Wade of Chorlton, L. Wakeham, L. Walker of Doncaster, L. Walpole, L. Walton of Detchant, L. Waverley, V. Weatherill, L. Wedderburn of Charlton, L. Wedgwood, L. Westbury, L. Whaddon, L. Wharton, B. Whitty, L. Wigoder, L. Wilberforce, L. Wilcox, B. Williams of Elvel, L. Williams of Mostyn, L. Wise, L. Young, B. Young of Old Scone, B. PRAYERS were read by the Lord Bishop of Leicester. 1. Boddington (Appellant) v. British Transport Police (Respondents) (On Appeal from a Divisional Court of the Queen’s Bench Division)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Divisional Court of 5th July 1996 be affirmed and the appeal dismissed. 2. Airbus Industrie G.I.E. (Respondents) v. Patel and others (Appellants)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 31st July 1996 be set aside and the Order of Mr. Justice Colman of 23rd April 1996 be restored; and that the respondents do pay to the appellants their costs in the Court of Appeal and in this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties. 3. Secretary of State for the Home Department (Appellant) v. Adan (A.P.) (Respondent)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 13th February 1997 be set aside save as to legal aid taxation and the determination of the Immigration Appeal Tribunal of 7th December 1995 be restored; and that there be no order as to costs save that the costs of the respondent in this House be taxed in accordance with the Legal Aid Act 1988, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties. 4. Regina v. Southwark County Court (Appellants) ex parte Bowles (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Divisional Court of 17th October 1996 be affirmed and the appeal dismissed. 5. Regina v. Burt & Adams Limited (Respondents) (On Appeal from the Court of Appeal (Criminal Division))—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal (Criminal Division) of 9th November 1995 be affirmed and the appeal dismissed; that the question certified by the Court of Appeal on 31st January 1996 be answered in the negative in accordance with the speech of the Lord Hope of Craighead; and that the costs of the respondents in this House be paid out of central funds in accordance with section 16 of the Prosecution of Offences Act 1985, the amount of such costs to be certified by the Clerk of the Parliaments. Page 725 1997-98 Volume 231 Back to top 6. Ouanes (A.P.) (Appellant) v. Secretary of State for the Home Department (Respondent) (England) (lodged 1st April)—The appeal of Hafsa Ouanes was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 14th May next. 7. West Bromwich Building Society (Petitioners) v. Mander Hadley (Respondents) (lodged 26th March)—The petition of the West Bromwich Building Society praying for leave to appeal was presented and referred to an Appeal Committee. 8. Dawson (Petitioner) v. Wearmouth (Respondent)—The petition of Mark Richard Bolden Dawson praying for leave to appeal was presented and referred to an Appeal Committee. 9. Ariyo (Petitioner) v. Sovereign Leasing Plc and another (Respondents)—The petition of Gideon Ariyo praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee. 10. Nicholson and another (Petitioners) v. Secretary of State for the Environment and others (Respondents)—The petition of Andrew Nicholson and Barry McNeeney 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 XIII; the said petition was referred to an Appeal Committee. 11. Appeal Committee—The 65th Report from the Appeal Committee was agreed to and the following Orders were made: Powell (A.P.) and another (A.P.) (Petitioners) v. Boladz 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. Regina v. Bow Street Magistrates Court and others (Respondents) ex parte McDonald (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. Regina v. Hertfordshire County Council (Respondents) ex parte Green Environmental Industries Limited and another (A.P.) (Petitioner)—That the respondents be invited to lodge objections by 16th April next. Modahl (A.P.) (Petitioner) v. British Athletic Federation Limited (Respondents)—That the respondents be invited to lodge objections by 16th April next. Kelley (A.P.) (Petitioner) v. Corston (Respondent)—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 respondent be at liberty to apply for her 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 Trust for places of historic interest or natural beauty (Respondents) v. Knipe and another (A.P.) (Petitioners)—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. 12. Appeal Committee—The 66th Report from the Appeal Committee was agreed to and the following Orders were made: Whybro (Petitioner) v. Seymour (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. Moore (Petitioner) v. Inntrepreneur Estates (GL) Limited 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. Woods (Respondent) v. Chief Adjudication Officer and another (Petitioners)—That the respondent be invited to lodge objections by 16th April next. Regina v. Royal Borough of Kensington and Chelsea (Petitioners) ex parte Lawrie Plantation Services Limited (Respondents)—That the respondents be invited to lodge objections by 16th April next. Page 726 1997-98 Volume 231 Back to top Ariyo (Petitioner) v. Sovereign Leasing Plc and another (Respondents)—That leave to appeal be refused. Nicholson and another (Petitioners) v. Secretary of State for the Environment 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. The House was adjourned during pleasure. The House was resumed. Papers 13. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table: 1. Royal Fine Art Commission for Scotland—Report for 1996 of the Royal Fine Art Commission for Scotland;   (3891) 2. Education—Learning is for Everyone: Welsh Office consultation document;   (3924) 3. Prisons—Report of an inquiry into the escape of a prisoner from HMP Maze on 10th December 1997 and the shooting of a prisoner on 27th December 1997.   (—) 14. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: (i) Lewisham and Guy’s Mental Health National Health Service Trust (Transfers of Trust Property) Order 1998—   (895) (ii) Lincolnshire Ambulance and Health Transport Service National Health Service Trust (Transfer of Trust Property) Order 1998—   (896) laid under the National Health Service Act 1977. 15. 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 Wallace Collection, together with the Report of the Comptroller and Auditor General, laid under the Museums and Galleries Act 1992; 2. Statistical Bulletin for 1997 on recorded crime in Scotland, laid under the Police and Magistrates’ Courts Act 1994; 3. Statements of Guarantee given by the Secretary of State for Health on loans proposed to be raised by: (i) Gateshead Health NHS Trust— (ii) Andover District Community Health Care NHS Trust— (iii) Harrogate Health Care NHS Trust— (iv) Northallerton Health Services NHS Trust— (v) Dewsbury Health Care NHS Trust— (vi) Norfolk and Norwich Health Care NHS Trust— (vii) Northampton General Hospital NHS Trust— (viii) Heatherwood & Wexham Park Hospitals NHS Trust— (ix) Oxfordshire Mental Healthcare NHS Trust— (x) Chase Farm Hospitals NHS Trust— (xi) Leeds Teaching Hospitals NHS Trust—   laid under the National Health Service and Community Care Act 1990; 4. Accounts for 1996–97 of the United Kingdom Central Council for Nursing, Midwifery and Health Visiting, together with the Report of the Comptroller and Auditor General, laid under the Nurses, Midwives and Health Visitors Act 1997. Public Business 16. Regional Development Agencies Bill—A bill to make provision for regional development agencies in England; to make provision about the Development Commission and the Urban Regeneration Agency; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 101) 17. Northern Ireland (Emergency Provisions) Bill—The bill was read a third time and, after debate, passed. 18. Social Security Bill—After debate, the House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed. Page 727 1997-98 Volume 231 Back to top 19. Lindisfarne Gospels—The Lord Bishop of Durham asked Her Majesty’s Government whether they would support the relocation of the Lindisfarne Gospels from the British Museum to the North East of England; after debate, the question was answered by the Lord McIntosh of Haringey. The House was adjourned during pleasure. The House was resumed. 20. Social Security Bill—The House again resolved itself into a Committee upon the bill; amendments were agreed to; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed after clause 69 stood part. The House was adjourned at twenty-three minutes past ten o’clock to Monday next, half-past two o’clock.