House of Lords Journal 231 (Session 1997-98)

Previous Next Page 819 1997-98 Volume 231       Wednesday 20 May 1998 The House met at ten 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. Alanbrooke, V. Alderdice, L. Alexander of Tunis, E. Allenby of Megiddo, V. Alport, L. Alton of Liverpool, L. Ampthill, L. Anelay of St. Johns, B. Annaly, L. Annan, L. Archer of Sandwell, L. Archer of Weston-Super-Mare, L. Arran, E. Ashbourne, L. Ashley of Stoke, L. Astor, V. Astor of Hever, L. Attlee, E. Baker of Dorking, L. Baldwin of Bewdley, E. Barber of Tewkesbury, L. Barnett, L. Bassam of Brighton, L. Beaumont of Whitley, L. Beaverbrook, L. Belhaven and Stenton, L. Bellwin, L. Beloff, L. Berkeley, L. Biddulph, L. Biffen, L. Birdwood, L. Blackstone, B. Blackwell, L. Blaker, L. Blatch, B. Blease, L. Bledisloe, V. Blyth, L. Boardman, L. Borrie, L. Boston of Faversham, L. Bowness, L. Boyne, V. Bradford, Bp. Braine of Wheatley, L. Brightman, L. Brigstocke, B. Bristol, Bp. Broadbridge, L. Brooks of Tremorfa, L. Brougham and Vaux, L. Browne-Wilkinson, L. Bruce of Donington, L. Bruntisfield, L. Burnham, L. Butterworth, L. Byford, B. Cadman, L. Caithness, E. Caldecote, V. Callaghan of Cardiff, L. Calverley, L. Campbell of Alloway, L. Campbell of Croy, L. Canterbury, Abp. Carew, L. Carlisle, E. Carlisle of Bucklow, L. Carnarvon, E. Carnegy of Lour, B. Carr of Hadley, L. Carter, L. Carver, L. Castle of Blackburn, B. Chalfont, L. Charteris of Amisfield, L. Chelmsford, V. Chesham, L. Chorley, L. Clancarty, E. Clanwilliam, E. Clifford of Chudleigh, L. Cobbold, L. Cochrane of Cults, L. Cockfield, L. Coleridge, L. Colwyn, L. Congleton, L. Constantine of Stanmore, L. Cooke of Thorndon, L. Cope of Berkeley, L. Courtown, E. Cowdrey of Tonbridge, L. Craigavon, V. Cranborne, V. Crathorne, L. Crickhowell, L. Croham, L. Crook, L. Cross, V. Cuckney, L. Cullen of Ashbourne, L. Cumberlege, B. Dahrendorf, L. Darcy de Knayth, B. David, B. Davidson, V. Davies of Coity, L. Davies of Oldham, L. De Freyne, L. De Ramsey, L. Dean of Beswick, L. Dean of Harptree, L. Denbigh, E. Denham, L. Desai, L. Dholakia, L. Dickinson, L. Dixon, L. Dixon-Smith, L. Dormand of Easington, L. Drogheda, E. Dubs, L. Dundonald, E. Durham, Bp. Eccles of Moulton, B. Eden of Winton, L. Effingham, E. Elibank, L. Ellenborough, L. Elliott of Morpeth, L. Elton, L. Ely, Bp. Erne, E. Erroll, E. Evans of Parkside, L. Exmouth, V. Ezra, L. Falconer of Thoroton, L. Falkland, V. Farrington of Ribbleton, B. Ferrers, E. Fisher, L. Fitt, L. Flather, B. Fookes, B. Fraser of Carmyllie, L. Freyberg, L. Gainford, L. Gainsborough, E. Gallacher, L. Gardner of Parkes, B. Geddes, L. Geraint, L. Gilbert, L. Gillmore of Thamesfield, L. Gladwin of Clee, L. Gladwyn, L. Glanusk, L. Glenarthur, L. Goff of Chievely, L. Gormanston, V. Graham of Edmonton, L. Grantchester, L. Gray, L. Gray of Contin, L. Greenway, L. Gregson, L. Grenfell, L. Grey, E. Grimston of Westbury, L. Page 820 1997-98 Volume 231 Back to top Hacking, L. Halsbury, E. Hamilton of Dalzell, L. Hampton, L. Hankey, L. Hanworth, V. Hardie, L. Harding of Petherton, L. Hardinge of Penshurst, L. Hardwicke, E. Hardy of Wath, L. Harmar-Nicholls, L. Harmsworth, L. Haskel, L. Haslam, L. Hattersley, L. Hayhoe, L. Hayman, B. Hayter, L. Healey, L. Henley, L. Hilton of Eggardon, B. Holderness, L. Holme of Cheltenham, L. HolmPatrick, L. Home, E. Hood, V. Hooper, B. Hooson, L. Hope of Craighead, L. Howell of Guildford, L. Hoyle, L. Hughes, L. Hunt of Wirral, L. Hussey of North Bradley, L. Hutton, L. Hylton, L. Hylton-Foster, B. Ilchester, E. Inchcape, E. Inglewood, L. Ironside, L. Islwyn, L. Jacobs, L. Janner of Braunstone, L. Jauncey of Tullichettle, L. Jeffreys, L. Jeger, B. Jenkin of Roding, L. Jenkins of Putney, L. Johnston of Rockport, L. Jopling, L. Judd, L. Kennedy of The Shaws, B. Kennet, L. Kilbracken, L. Kimball, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kintore, E. Kirkhill, L. Knight of Collingtree, B. Knollys, V. Lauderdale, E. Lawrence, L. Lawson of Blaby, L. Leigh, L. Levy, L. Lindsey and Abingdon, E. Lloyd of Berwick, L. Lockwood, B. Lofthouse of Pontefract, L. Long, V. 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. McFarlane of Llandaff, B. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Mackay of Clashfern, L. Mackay of Drumadoon, L. Mackie of Benshie, L. Macleod of Borve, B. McNair, L. McNally, L. Maddock, B. Mancroft, L. Mar, C. Mar and Kellie, E. Marlesford, L. Marsh, L. Masham of Ilton, B. Mason of Barnsley, L. Massereene and Ferrard, V. 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. Monckton of Brenchley, V. Monkswell, L. Monro of Langholm, L. Montagu of Beaulieu, L. Montague of Oxford, L. Montrose, D. Moran, L. Morris of Manchester, L. Mottistone, L. Mountevans, L. Mowbray and Stourton, L. Moyne, L. Moynihan, L. Munster, E. Murton of Lindisfarne, L. Napier and Ettrick, L. Naseby, L. Nelson, E. Newall, L. Newby, L. Noel-Buxton, L. Norfolk, D. Norrie, L. Northbourne, L. Northesk, E. Norton, L. O’Cathain, B. Ogmore, L. 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 Walton, L. Perth, E. Peston, L. Peyton of Yeovil, L. Pike, B. Pilkington of Oxenford, L. Pitkeathley, B. Plummer of St. Marylebone, L. Polwarth, L. Ponsonby of Shulbrede, L. Prior, L. Prys-Davies, L. Puttnam, L. Quinton, L. Quirk, L. Ramsay of Cartvale, B. Rathcavan, L. Rawlings, B. Rawlinson of Ewell, L. Razzall, L. Rea, L. Reay, L. Redesdale, L. Rees, L. Renfrew of Kaimsthorn, L. Rennell, L. Renton, L. Renton of Mount Harry, L. Renwick, L. Richard, L. Roberts of Conwy, L. Rodgers of Quarry Bank, L. Rotherwick, L. Rowallan, L. Runcie, L. Russell, E. Ryder of Warsaw, B. Ryder of Wensum, L. Sainsbury, L. Saint Albans, D. St. Davids, V. St. John of Bletso, L. St. John of Fawsley, L. Saltoun of Abernethy, Ly. Sandberg, L. Sanderson of Bowden, L. Sandwich, E. Sandys, L. Savile, L. Scotland of Asthal, B. Seccombe, B. Sefton of Garston, L. Selkirk of Douglas, L. Sempill, L. Sewel, L. Page 821 1997-98 Volume 231 Back to top Shannon, E. Sharples, B. Shaughnessy, L. Shepherd, L. Shore of Stepney, L. Shrewsbury, E. Shuttleworth, L. Simon, V. Simon of Glaisdale, L. Skelmersdale, L. Skidelsky, L. Slim, V. Slynn of Hadley, L. Smith of Gilmorehill, B. Soper, L. Soulsby of Swaffham Prior, L. Spens, L. Stair, E. Stallard, L. Steel of Aikwood, L. Stewartby, L. Steyn, L. Stodart of Leaston, L. Stoddart of Swindon, L. Strabolgi, L. Strafford, E. Strathclyde, L. Strathcona and Mt. Royal, L. Sudeley, L. Swinfen, L. Symons of Vernham Dean, B. Taylor of Blackburn, L. Taylor of Warwick, L. Temple of Stowe, E. Tenby, V. Teviot, L. Teynham, L. Thomas of Gresford, L. Thomas of Gwydir, L. Thomas of Walliswood, B. Thomson of Monifieth, L. Thurlow, L. Thurso, V. Tope, L. Tordoff, L. Trumpington, B. Turner of Camden, B. Ullswater, V. Varley, L. Vinson, L. Waddington, L. Wakeham, L. Walker of Doncaster, L. Wallace of Coslany, L. Wallace of Saltaire, L. Walpole, L. Warnock, B. Watson of Invergowrie, L. Weatherill, L. Wedderburn of Charlton, L. Westbury, L. Whaddon, L. Wharton, B. Whitty, L. Wigoder, L. Wilberforce, L. Williams of Crosby, B. Williams of Elvel, L. Williams of Mostyn, L. Wise, L. Wright of Richmond, L. Young, B. Young of Old Scone, B. PRAYERS were read by the Lord Bishop of Bristol. Judicial Business 1. Beaufort Developments (NI) Limited (Appellants) v. Gilbert-Ash NI Limited and others (Respondents) (Northern Ireland)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal in Northern Ireland of 21st April 1997, the Order of Mr Justice Pringle of 24th May 1996 and the Order of Master Wilson of 18th April 1996 be set aside; that the first respondents be refused a stay of proceedings in the High Court; and that the first respondents do pay to the appellants their costs in the courts below 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. 2. Regina v. Minister of Agriculture, Fisheries and Food (Respondent) ex parte SP Anastasiou (Pissouri) Limited and others (Appellants)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the following questions be referred to the European Court of Justice for a preliminary ruling under Article 177 of the Treaty establishing the European Community: “1. Under article 12(1)(b) of Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants or plant products as amended, (“the Directive”) is a Member State entitled to accept (and if so in what circumstances and subject to what conditions) the introduction into its territories of plants as defined in the Directive (“plants”) originating in non-Member countries and listed in Annex V, Part B of the Directive where those plants are accompanied only by a phytosanitary certificate issued by a Non-Member country from which the plants have been transported to the Community and not by a phytosanitary certificate issued by the non-Member country of origin? 2. Does the answer to Question 1 differ, and if so how, if the relevant plants are subject to special requirements laid down in Annex IV, Part A, Section 1 of the Directive which can be fulfilled in non-Member countries other than that of origin within the meaning of Article 9(1) of the Directive? 3. Is the Judgment of the Court of Justice in Case C-432/92 Anastasiou [1994] E.C.R. I-3087 to be interpreted and applied so as to preclude the national authorities of a Member State from permitting the importation of citrus fruits originating in the part of Cyprus to the north of the United Nations Buffer Zone when they are accompanied by a phytosanitary certificate which has been issued by the authorities of another non-Member country from which those citrus fruits have been transported to the Community. 4. Are the answers to any of the above questions different where:   a. the relevant plants were never imported into the non-Member country in which the phytosanitary certificate which accompanied them to the Community was issued in the sense that they were never unloaded from the ship in question and/or never passed the custom barrier; and/or   b. the special requirements that applied to the relevant plants had already been satisfied in the country of origin? Page 822 1997-98 Volume 231 Back to top 5. Are the answers to Questions 1 and 2 different where the relevant plants were submitted for the certification in a non-Member Country other than that of origin, not for any plant health reason, but so as not to have to obtain a phytosanitary certificate from the authorities empowered to do so in the country of origin?”; And that further consideration of the appeal be adjourned sine die. 3. Von Horn (Respondent) v. Cinnamond (Appellant)—The Cause was further considered, pursuant to the Order of the House of 25th May 1995 whereby certain Questions were referred to the Court of Justice of the European Communities; and the Judgment of that Court having been made on 9th October 1997, it was ordered that the Order of the Court of Appeal of 24th February 1994 and the Order of Judge Zucker of 21st April 1993 be set aside and the Order of Master Murray of 5th March 1993 be restored; and that the Respondent do pay to the Appellant his costs before Judge Zucker, in the Court of Appeal and in this House, the amount of such last-mentioned costs to include the costs incurred in respect of the reference of the said questions to the Court of Justice of the European Communities and to be certified by the Clerk of the Parliaments if not agreed between the parties. 4. In re T (A.P.) (a minor) (1997)—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 1997 be set aside save as to legal aid taxation; that the Order of Mr Justice Keene of 23rd April 1997 be restored; that the Respondents do pay to the Appellant her 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; and that the costs of the Appellant be taxed in accordance with the Legal Aid Act 1988. 5. Baker (suing on his own behalf and on behalf of other members of Syndicate 947 at Lloyd’s since 1957) (Appellant) v. Black Sea and Baltic General Insurance Company Limited (Respondents)—The Report from the Appellate Committee was agreed to: it was ordered and adjudged that the appeal of the Syndicate be allowed; that the Order of the Court of Appeal of 20th June 1996 and the Order of Mr Justice Potter of 14th November 1994 be set aside insofar as they relate to trade practice or usage; that the cause be remitted to the Commercial Court for further evidence and argument on that issue; that the costs of the remitted issue before Mr Justice Potter, in the Court of Appeal and in this House be costs in the cause; and that there be no other order for costs save that the Interveners, Equitas, do reimburse the Respondents for all reasonable costs they may have incurred by reason of their intervention, in accordance with the Order of the House of 8th October 1997, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties. 6. Total Gas Marketing Limited (Respondents) v. Arco British Limited 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 16th December 1997 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties. 7. Krol (A.P.) (Appellant) v. Craig (Respondent) (Scotland)—The appeal was set down for hearing and referred to an Appellate Committee. 8. In re L (by his next friend GE) (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee. 9. Governor and Company of the Bank of Scotland (Respondents) v. Brunswick Developments (1987) Limited and another (Appellants) (Scotland)—The appeal was set down for hearing and referred to an Appellate Committee. The House was adjourned during pleasure. The House was resumed. 10. Viscount Boyne (Lord Brancepeth)—Gustavus Michael Stucley Viscount Boyne (Lord Brancepeth) sat first in Parliament after the death of his father, Gustavus Michael George Viscount Boyne, having first taken and subscribed the oath pursuant to statute. 11. Leave of Absence—Leave of absence was granted to the Lord Chancellor for tomorrow. Papers 12. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table: 1. Banking—Report and Accounts for the year ended 28th February 1998 of the Bank of England;   (—) 2. Commercial Debts—Exchange of Notes between the United Kingdom and Ethiopia concerning certain commercial debts, signed 19th July and 8th October 1997;   (3952) 3. Finance—HM Treasury minute on the 21st, 24th, 25th and 27th Reports of the House of Commons Public Accounts Committee.   (3955) Page 823 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. Restriction on Agreements and Conduct (Specified Domestic Electrical Goods) Order 1998, laid under the Fair Trading Act 1973;   (1271) 2. Football Spectators (Corresponding Offences in France) Order 1998, laid under the Football Spectators Act 1989.   (1266) 14. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: 1. Bank of England Report for 1997–98 under the Banking Act 1987, laid under that Act; 2. Report for 1997 of the Commonwealth Scholarship Commission in the United Kingdom, laid under the Overseas Development and Co-operation Act 1980; 3. Statements of Guarantee by the Secretary of State for Health on loans proposed to be raised by: (i) Royal Berkshire and Battle Hospitals NHS Trust— (ii) Scunthorpe Community Healthcare NHS Trust— (iii) United Bristol Healthcare NHS Trust— laid under the National Health Service and Community Care Act 1990; 4. Report for 1997 of the Office of Gas Supply (OFGAS), laid under the Gas Act 1986. Select Committee Report 15. House of Lords’ Offices—The 5th Report from the Select Committee was made (see appendix); it was ordered that the Report be printed. (HL Paper 109) Public Business 16. Statute Law Repeals Bill [HL]—A bill to promote the reform of the statute law by the repeal, in accordance with recommendations of the Law Commission and the Scottish Law Commission, of certain enactments which (except in so far as their effect is preserved) are no longer of practical utility, and to make other provision in connection with the repeal of those enactments was presented by the Lord Chancellor, read a first time and ordered to be printed. (HL Bill 117) 17. Sea Fisheries (Shellfish) (Amendment) Bill [HL]—A bill to amend the Sea Fisheries (Shellfish) Act 1967 in respect of several fisheries was presented by the Lady Saltoun of Abernethy on behalf of the Earl of Lindsay, read a first time and ordered to be printed. (HL Bill 118) 18. Scotland Bill—A bill to provide for the establishment of a Scottish Parliament and Administration and other changes in the government of Scotland; to provide for changes in the constitution and functions of certain public authorities; to provide for the variation of the basic rate of income tax in relation to income of Scottish taxpayers in accordance with a resolution of the Scottish Parliament; to amend the law about parliamentary constituencies in Scotland; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 119) 19. Travel Expenses: Bicycle Allowance—It was moved by the Lord Privy Seal (Lord Richard) that this House approves the following proposals for the payment of a bicycle allowance to Lords in attending the House of Lords for the purpose of their Parliamentary duties or in respect of journeys which they have undertaken by bicycle while on Parliamentary duties within the United Kingdom— (1) In respect of journeys commenced in the year starting with 1st April 1998, the allowance shall be paid at a rate of 6.2 pence per mile increased by the percentage (if any) by which the retail prices index for March 1998 has increased compared with the index for March 1997. (2) For each subsequent year starting with 1st April, the rate shall be increased by the percentage (if any) by which the retail prices index for the previous March has increased compared with the index for the March before that. (3) The rate shall be calculated to the nearest tenth of a penny (with exactly one twentieth being rounded up). (4) In this Resolution, “the retail price index” means the general index of retail prices (for all items) published by the Office for National Statistics (or any index or figures published by that Office in place of that index); after debate, the motion was agreed to. 20. Information technologies for international development (Short debate)—It was moved by the Lord Hardinge of Penshurst that there be laid before the House papers relating to the case for the promotion of information technologies, especially books, journals and electronic media, for the purposes of international development; after debate, the motion was (by leave of the House) withdrawn. Page 824 1997-98 Volume 231 Back to top 21. Civil aviation (Short debate)—It was moved by the Lord Mountevans that there be laid before the House papers relating to Britain’s civil aviation industry; after debate, the motion was (by leave of the House) withdrawn. 22. Army, Air Force and Naval Discipline Acts (Continuation) Order 1998—It was moved by the Lord Gilbert that the draft Order laid before the House on 11th May be approved; after debate, the motion was agreed to. 23. Merchant Shipping (Control of Pollution) (SOLAS) Order 1998—It was moved by the Baroness Farrington of Ribbleton that the draft Order laid before the House on 21st April be approved; after debate, the motion was agreed to. 24. Fire Services (Amendment) (Northern Ireland) Order 1998—It was moved by the Lord Dubs that the draft Order laid before the House on 12th May be approved; the motion was agreed to. 25. Road building—The Lord Vinson asked Her Majesty’s Government whether they recognise the economic and environmental advantages of appropriate new road building; and what action they will take; after debate, the question was answered by the Baroness Hayman. The House was adjourned at seven minutes before ten o’clock till tomorrow, eleven o’clock. APPENDIX Fifth Report from the Select Committee on the House of Lords’ Offices Wednesday 20th May 1998 By the Select Committee appointed to consider the House of Lords’ Offices Ordered to Report— The Committee has met and been attended by the Clerk of the Parliaments and the Gentlemen Usher of the Black Rod. 1. Millennium Exhibition The Committee considered proposals for an exhibition on parliamentary democracy to be held in Westminster Hall in 2000 to celebrate the new millennium. The exhibition will be organised jointly with the House of Commons. The Committee agreed expenditure provision to be made in respect of the House of Lords contribution. 2. Filming and Broadcasting in the House The Committee took note of an agreement reached with BBC News and Current Affairs to allow filming until the end of November of a documentary about the House. In addition, Wall to Wall Television Ltd will be allowed access to the House to research a prospective documentary of the House. 3. History of Parliamentary Trust The Committee were informed that the History of Parliament Trust has decided that, from 1999–2000, the House of Lords should form part of the programme of work of the Trust. The Committee agreed that the House of Lords should in future contribute to the funding of the Trust.