House of Lords Journal 231 (Session 1997-98)


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Monday 8 June 1998

The House met at half-past two o’clock.

The following Lords Spiritual and Temporal were present:

Irvine of Lairg, L.
(Lord Chancellor)

Aberdare, L.
Ackner, L.
Acton, L.
Addington, L.
Addison, V.
Ailesbury, M.
Ailsa, M.
Alderdice, 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.
Attlee, E.
Avebury, L.
Baker of Dorking, L.
Balfour, E.
Balfour of Inchrye, L.
Barnett, L.
Bassam of Brighton, L.
Bauer, L.
Beaumont of Whitley, L.
Beaverbrook, L.
Belhaven and Stenton, L.
Beloff, L.
Belstead, L.
Berkeley, L.
Berners, B.
Biddulph, L.
Biffen, L.
Birdwood, L.
Blackstone, B.
Blatch, B.
Blease, L.
Blyth, L.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Brabazon of Tara, L.
Braine of Wheatley, L.
Brentford, V.
Bridgeman, V.
Brightman, L.
Bristol, Bp.
Broadbridge, L.
Brookeborough, V.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Bruntisfield, L.
Burlison, L.
Burnham, L.
Butterworth, L.
Byford, B.
Cadman, L.
Caithness, E.
Calverley, L.
Campbell of Alloway, L.
Campbell of Croy, L.
Carlisle, E.
Carmichael of Kelvingrove, L.
Carnegy of Lour, B.
Carter, L.
Chadlington, L.
Chichester, Bp.
Chorley, L.
Clancarty, E.
Clanwilliam, E.
Cledwyn of Penrhos, L.
Clinton-Davis, L.
Clyde, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Colville of Culross, V.
Colwyn, L.
Cooke of Thorndon, L.
Cope of Berkeley, L.
Courtown, E.
Cowdrey of Tonbridge, L.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Croham, L.
Cross, V.
Cuckney, L.
Cullen of Ashbourne, L.
Currie of Marylebone, 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.
Dearing, L.
Denman, L.
Denton of Wakefield, B.
Desai, L.
Dholakia, L.
Diamond, L.
Dilhorne, V.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Dormand of Easington, L.
Drogheda, E.
Dubs, L.
Eden of Winton, L.
Effingham, E.
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.
Ewing of Kirkford, L.
Ezra, L.
Falconer of Thoroton, L.

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Falkland, V.
Farrington of Ribbleton, B.
Fitt, L.
Flather, B.
Foley, L.
Fookes, B.
Freyberg, L.
Gainford, L.
Gallacher, L.
Gardner of Parkes, B.
Geddes, L.
Geraint, L.
Gilbert, L.
Gilmour of Craigmillar, L.
Gladwin of Clee, L.
Glenarthur, L.
Gordon of Strathblane, L.
Gormanston, V.
Gould of Potternewton, B.
Gowrie, E.
Graham of Edmonton, L.
Gray of Contin, L.
Greene of Harrow Weald, L.
Greenway, L.
Gregson, L.
Grey, E.
Hacking, L.
Halsbury, E.
Hamwee, B.
Hardie, L.
Harding of Petherton, L.
Hardwicke, E.
Hardy of Wath, L.
Harris of Greenwich, L.
Harrowby, E.
Haskel, L.
Hayhoe, L.
Hayman, B.
Henderson of Brompton, L.
Henley, L.
Higgins, L.
Hogg, B.
Hogg of Cumbernauld, L.
Holderness, L.
HolmPatrick, L.
Hooper, B.
Hooson, L.
Howe, E.
Howie of Troon, L.
Hoyle, L.
Hughes, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Hunt of Tanworth, L.
Hussey of North Bradley, L.
Hylton, L.
Hylton-Foster, B.
Inglewood, L.
Ironside, L.
Islwyn, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Jenkins of Putney, L.
Johnston of Rockport, L.
Judd, L.
Kennedy of The Shaws, B.
Kennet, L.
Keyes, L.
Kilbracken, L.
Kimball, L.
Kingsland, L.
Kinloss, Ly.
Kinnoull, E.
Kirkhill, L.
Kitchener, E.
Knights, L.
Lang of Monkton, L.
Lauderdale, E.
Lawrence, L.
Layton, L.
Leigh, 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, L.
Lucas of Chilworth, L.
Ludford, B.
Lytton, E.
McCarthy, L.
McColl of Dulwich, L.
McConnell, L.
Macfarlane of Bearsden, L.
McIntosh of Haringey, L.
Mackay of Ardbrecknish, L.
Mackay of Drumadoon, L.
Macleod of Borve, B.
McNair, L.
McNally, L.
Maddock, B.
Mallalieu, B.
Mar, C.
Mar and Kellie, E.
Marlborough, D.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massereene and Ferrard, V.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Mersey, V.
Meston, L.
Middleton, L.
Miller of Hendon, B.
Milner of Leeds, L.
Milverton, L.
Mishcon, L.
Molloy, L.
Molyneaux of Killead, L.
Monkswell, L.
Monro of Langholm, L.
Monson, L.
Montague of Oxford, L.
Montgomery of Alamein, V.
Moore of Wolvercote, L.
Moran, L.
Morris of Manchester, L.
Mottistone, L.
Mountevans, L.
Mowbray and Stourton, L.
Moyne, L.
Munster, E.
Murray of Epping Forest, L.
Murton of Lindisfarne, L.
Napier and Ettrick, L.
Napier of Magdâla, L.
Naseby, L.
Nathan, L.
Nelson, E.
Newall, L.
Newby, L.
Newton of Braintree, L.
Nicholson of Winterbourne, B.
Nicol, B.
Noel-Buxton, L.
Norrie, L.
Northesk, E.
Norton, L.
O’Cathain, B.
Ogmore, L.
Oliver of Aylmerton, L.
Onslow, E.
Orme, L.
Orr-Ewing, L.
Oxford, Bp.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Parkinson, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Pender, L.
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.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rankeillour, L.
Rathcavan, L.
Rawlings, B.
Rawlinson of Ewell, L.
Razzall, L.
Rea, L.
Redesdale, L.
Rendell of Babergh, B.
Rennell, L.
Renton, L.
Renwick, L.
Richard, L.
Ripon, Bp.
Rix, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogers of Riverside, L.
Rowallan, L.
Russell, E.
Russell-Johnston, L.
Ryder of Warsaw, B.
Ryder of Wensum, L.
St. Davids, V.

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St. John of Bletso, L.
St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Scotland of Asthal, B.
Seccombe, B.
Sefton of Garston, L.
Selborne, E.
Selkirk of Douglas, L.
Selsdon, L.
Sempill, L.
Sewel, L.
Shannon, E.
Sharples, B.
Shaughnessy, L.
Shaw of Northstead, L.
Shepherd, L.
Shore of Stepney, L.
Shuttleworth, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Stallard, L.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strafford, E.
Strathalmond, L.
Strathcarron, L.
Strathclyde, L.
Swansea, L.
Swinfen, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Gryfe, L.
Taylor of Warwick, L.
Tenby, V.
Teviot, L.
Teynham, L.
Thomas of Macclesfield, L.
Thomas of Walliswood, B.
Thurlow, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trumpington, B.
Turner of Camden, B.
Tweeddale, M.
Ullswater, V.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Doncaster, L.
Walton of Detchant, L.
Warnock, B.
Watson of Invergowrie, L.
Waverley, V.
Weatherill, L.
Westbury, L.
Westmorland, E.
Whaddon, L.
Whitty, L.
Wigoder, L.
Wilberforce, L.
Williams of Elvel, L.
Williams of Mostyn, L.
Winchilsea and Nottingham, E.
Windlesham, L.
Winston, L.
Wise, L.
Young, B.
Young of Old Scone, B.
Zouche of Haryngworth, L.

PRAYERS were read by the Lord Bishop of Ripon.

Judicial Business

1.Alfred McAlpine Construction Limited (Appellants) v. Panatown Limited (Respondents) (England)—The appeal of Alfred McAlpine Construction Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 20th July next.
2.Canada Trust Company (Acting in its capacity as Trustee of the Chrysler Canada Ltd’s Benefits Plan, the Chrysler Canada Ltd Master Trust Fund, The Chrysler Canada Ltd Non-Canadian Master Trust Fund and the Holmes Foundry Division Master Trust Fund) and others (Respondents) v. Stolzenberg and Gambazzi and others (Petitioners) and others (lodged 2nd June)—The petition of Marco Gambazzi, Coeval Co Inc, Trustfina Anstalt, Mora Hotel Corporation NV, Bogrin Financiera SA and Geam SA praying for leave to appeal was presented and referred to an Appeal Committee.
3.Marangos Hotels Company Limited and others (Petitioners) v. Stone and others (Respondents)—The petition of the Marangos Hotels Company Limited, Pharos Estates Limited, the Agricultural Products Co-operative Marketing Union (Sedigep) Limited and Cyprus Ports Authority praying for leave to appeal was presented and referred to an Appeal Committee.
4.Duckwari plc (Respondents) v. Offerventure Limited and another (Petitioners)—The petition of Offerventure Limited and Brian Stanley Cooper praying for leave to appeal was presented and referred to an Appeal Committee.
5.Regina v. Collins and Pathfinder Mental Health Services NHS Trust and others (Petitioners) ex parte S (Respondent)—The petition of Pathfinder Mental Health Services NHS Trust and St George’s Healthcare NHS Trust praying for leave to appeal was presented and referred to an Appeal Committee.
6.St George’s Healthcare NHS Trust (Petitioners) v. S (Respondent)—The petition of St George’s Healthcare NHS Trust praying for leave to appeal was presented and referred to an Appeal Committee.
7.Eastbourne Town Radio Cars Association (Petitioners) v. Commissioners of Customs and Excise (Respondents)—The petition of Eastbourne Town Radio Cars Association praying for leave to appeal was presented and referred to an Appeal Committee.
8.Regina v. Lindsay (Petitioner)—The petition of Neil Lindsay, praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Criminal Appeal Act 1968, was presented and referred to an Appeal Committee.
9.T G A Chapman Limited and others (Respondents) v. Christopher and others (Appellants)—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 July next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

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10.Appeal Committee—The following Order was made pursuant to the 72nd Report:
Agnew (Suing on his own behalf and in a representative capacity on behalf of all members of Lloyds Syndicates 672, 79, 1023 and 590) and others (Respondents) v. Lansforsakringsbolagens AB (Petitioners)—That leave to appeal be given, and that the petition of appeal be lodged by 22nd June next.
11.Appeal Committee—The 76th Report from the Appeal Committee was agreed to and the following Orders were made:
Clunis (by his next friend Prince) (Petitioner) v. Camden and Islington Area Health Authority (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.
Johnson (Her Majesty’s Inspector of Taxes) (Respondent) v. Prudential Assurance Company Limited (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.
Denby (Suing on his own behalf and on behalf of all other Members of Syndicate 700 and Syndicate 701 at Lloyd’s for the years 1984 to 1990 inclusive) (Petitioners) v. English and Scottish Maritime Insurance Company Limited and others (Formerly M.J.Marchant [Sued on his own behalf and on behalf of other Members of Syndicate 282, 283, 284 and 323 for the years 1984 and 1985 inclusive] and others) (Respondents)—That leave to appeal be refused.
J A Chapman & Company Limited (Respondents) v. Chios Breeze Marine Company (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.
Holland (Respondent) v. Eagle Star Group Services Limited (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.
Bu­hler AG (Petitioners) v. Chronos Richardson Limited (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.
12.Appeal Committee—The 77th Report from the Appeal Committee was agreed to and the following Order was made:
Regina v. Secretary of State for the Home Department (Respondent) ex parte Salem (A.P.) (Petitioner)—That the respondent be invited to lodge objections by 22nd June next.

Papers

13.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Child Benefit and Social Security (Fixing and Adjustment of Rates) (Amendment) Regulations 1998;
2.Draft Vaccine Damage Payments Act 1979 Statutory Sum Order 1998;
3.Draft Education (Northern Ireland) Order 1998.
14.Deregulation—The following order was laid before the House for approval by resolution under section 1(4) of the Deregulation and Contracting Out Act 1994 and referred to the Delegated Powers and Deregulation Committee:
Draft Deregulation (Taxis and Private Hire Vehicles) Order 1998.
15.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulations 1998, laid under the Road Traffic Act 1991;
 (1351)
2.Control of Substances Hazardous to Health (Amendment) Regulations 1998, laid under the Health and Safety at Work etc. Act 1974;
 (1357)
3.Secure Training Centres (Escorts) (Amendment) Rules 1998, laid under the Criminal Justice and Public Order Act 1994;
 (1343)
4.Local Government (General Grant) Order (Northern Ireland) 1998, laid under the Northern Ireland Act 1974;
 (—)
5.Statute made by St Edmund Hall, Oxford on 19th January, laid under the Universities of Oxford and Cambridge Act 1923.
 (—)

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16.Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:
Report for 1997 of the Commission for Racial Equality, laid under the Race Relations Act 1976.

Public Business

17.School Standards and Framework Bill—The House again resolved itself into a Committee upon the bill; an amendment was moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed for statements; 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.
18.Police (Northern Ireland) Bill—The bill was reported from a Grand Committee without amendment.
19.Savings—The Lord Patten asked Her Majesty’s Government what progress they are making in developing their policies to promote savings; after debate, the question was answered by the Lord McIntosh of Haringey.

The House was adjourned during pleasure.
The House was resumed.

20.School Standards and Framework 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; an amendment was negatived; the House was resumed after Clause 98 stood part.

The House was adjourned at twenty-two minutes before two o’clock
in the morning of Tuesday 9th June
till later the same day, half-past two o’clock in the afternoon.


APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM) ON THE
POLICE (NORTHERN IRELAND) BILL

The Committee met at four o’clock.

The Deputy Chairman of Committees (Lord Brougham and Vaux) was in the Chair.

Amendments were moved and (by leave of the Committee) withdrawn; it was ordered that the bill be reported without amendment.

The Committee was adjourned at six minutes before six o’clock.