House of Lords Journal 231 (Session 1997-98) |
Lords Journals Contents Index Alphabetical list of Lords Minutes and Order Papers |
Monday 26 October 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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Davies of Coity, L. Davies of Oldham, L. Dean of Beswick, L. Dean of Thornton-le-Fylde, B. Denbigh, E. Denham, L. Denton of Wakefield, B. Desai, L. Dholakia, L. Dilhorne, V. Dixon, L. Dixon-Smith, L. Donegall, M. Donoughue, L. Dormand of Easington, L. Dubs, L. Dudley, E. Eatwell, L. Effingham, E. Elibank, L. Ellenborough, L. Elles, B. Elliott of Morpeth, L. Elton, L. Enniskillen, E. Erne, E. Erroll, E. Evans of Parkside, L. Evans of Watford, L. Ezra, L. Falconer of Thoroton, L. Falkland, V. Farrington of Ribbleton, B. Fitt, L. Flather, B. Fookes, B. Forte, L. Fraser of Carmyllie, L. Freyberg, L. Gainford, L. Gallacher, L. Gardner of Parkes, B. Garel-Jones, L. Geddes, L. Geraint, L. Gisborough, L. Gladwin of Clee, L. Goodhart, L. Goudie, B. Gould of Potternewton, B. Gowrie, E. Graham of Edmonton, L. Gray of Contin, L. Greenway, L. Grenfell, L. Grey, E. Halsbury, E. Hamwee, B. Hardie, L. Harding of Petherton, L. Hardy of Wath, L. Harlech, L. Harris of Greenwich, L. Harris of Haringey, L. Haskel, L. Haskins, L. Haslam, L. Hattersley, L. Hayhoe, L. |
Hayman, B. Hayter, L. Headfort, M. Henley, L. Hereford, Bp. Hesketh, L. Higgins, L. Hilton of Eggardon, B. Hogg of Cumbernauld, L. Holderness, L. Hollis of Heigham, B. Holme of Cheltenham, L. HolmPatrick, L. Hooper, B. Hooson, L. Howe, E. Howell of Guildford, L. Howie of Troon, L. Hoyle, L. Hughes, L. Hughes of Woodside, L. Hunt of Kings Heath, L. Hunt of Wirral, L. Hylton, L. Hylton-Foster, B. Ironside, L. Islwyn, L. Iveagh, E. Janner of Braunstone, L. Jay of Paddington, B. Jeffreys, L. Jeger, B. Jenkin of Roding, L. Jenkins of Hillhead, L. Jenkins of Putney, L. Jopling, L. Judd, L. Kennet, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kirkhill, L. Kirkwood, L. Knight of Collingtree, B. Knollys, V. Laming, L. Lauderdale, E. Lawrence, L. Lawson of Blaby, L. Layton, L. Leigh, L. Lester of Herne Hill, L. Levy, L. Lindsey and Abingdon, E. Listowel, E. Liverpool, E. Lloyd-George of Dwyfor, E. Lockwood, B. Lofthouse of Pontefract, L. Long, V. Longford, E. Lowry, L. Lucas of Chilworth, L. Ludford, B. Luke, L. Lyell, L. McAlpine of West Green, L. McCarthy, L. |
McColl of Dulwich, L. McConnell, L. McFarlane of Llandaff, B. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Mackenzie of Framwellgate, L. McNair, L. McNally, L. Maddock, B. Mallalieu, B. Mancroft, L. Mar, C. 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. Molloy, L. Molyneaux of Killead, L. Monkswell, L. Monro of Langholm, L. Monson, L. Monteagle of Brandon, L. Montgomery of Alamein, V. Moran, L. Morris of Castle Morris, L. Morris of Manchester, L. Mountevans, L. Mowbray and Stourton, L. Moyne, L. Moynihan, L. Munster, E. Napier and Ettrick, L. Naseby, L. Nelson, E. Newby, L. Newton of Braintree, L. Nicholson of Winterbourne, B. Nicol, B. Noel-Buxton, L. Nolan, L. Norrie, L. Northbourne, L. Northbrook, L. Northesk, E. Norton, L. Nunburnholme, L. O’Cathain, B. Onslow, E. Onslow of Woking, L. Oppenheim-Barnes, B. Orme, L. Oxford, Bp. Palmer, L. Park of Monmouth, B. Paul, L. Pearson of Rannoch, L. Pender, L. Perry of Walton, L. Peston, L. Peyton of Yeovil, L. Phillips of Sudbury, L. |
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Pilkington of Oxenford, L. Pitkeathley, B. Plant of Highfield, L. Platt of Writtle, B. Ponsonby of Shulbrede, L. Porter of Luddenham, L. Prior, 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. Rees, L. Rendell of Babergh, B. Rennell, L. Renton, L. Renwick, L. Rix, L. Roberts of Conwy, L. Rodgers of Quarry Bank, L. Rotherwick, L. Rowallan, L. Ryder of Wensum, L. Sainsbury of Turville, L. Saint Albans, D. St. Davids, V. St. John of Bletso, L. |
St. John of Fawsley, L. Saltoun of Abernethy, Ly. Sawyer, L. Seccombe, B. Sefton of Garston, L. Selsdon, L. Serota, B. Shannon, E. Sharples, B. Shaughnessy, L. Shaw of Northstead, L. Shepherd, L. Shore of Stepney, L. Simon, V. Simon of Glaisdale, L. Skelmersdale, L. Slim, V. Smith of Clifton, L. Smith of Gilmorehill, B. Soulsby of Swaffham Prior, L. Stafford, L. Stallard, L. Steel of Aikwood, L. Stoddart of Swindon, L. Stone of Blackheath, L. Strabolgi, L. Strafford, E. Strange, B. Strathcarron, L. Sudeley, L. Swansea, L. Swathling, L. Swinfen, L. |
Symons of Vernham Dean, B. Taverne, L. Taylor of Blackburn, L. Tebbit, L. Teviot, L. Teynham, L. Thomas of Macclesfield, L. Thomson of Monifieth, L. Tope, L. Tordoff, L. Trefgarne, L. Turner of Camden, B. Tweeddale, M. Uddin, B. Ullswater, V. Vivian, L. Waddington, L. Walker of Doncaster, L. Wallace of Saltaire, L. Watson of Invergowrie, L. Waverley, V. Weatherill, L. Wharton, B. Whitty, L. Wigoder, L. Wilberforce, L. Wilcox, B. Williams of Elvel, L. Williams of Mostyn, L. Wilson of Tillyorn, L. Winchilsea and Nottingham, E. Windlesham, L. Winston, L. Wise, L. Young of Old Scone, B. |
PRAYERS were read by the Lord Bishop of Oxford.
| 1. | Lord Haskins—Christopher Robin Haskins Esquire, having been created Baron Haskins, of Skidby in the County of the East Riding of Yorkshire, for life by Letters Patent dated in the afternoon of 25th July 1998 (see appendix 1), was introduced between the Baroness Amos and the Lord Hattersley, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and subscribed the solemn affirmation pursuant to statute. |
| 2. | Lord Harris of Haringey—Jonathan Toby Harris Esquire, having been created Baron Harris of Haringey, of Hornsey in the London Borough of Haringey, for life by Letters Patent dated 5th August 1998 (see appendix 2), was introduced between the Lord McIntosh of Haringey and the Lord Judd, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and subscribed the solemn affirmation pursuant to statute. |
| 3. | Lord Swaythling—Charles Edgar Samuel Lord Swaythling sat first in Parliament after the death of his father, David Charles Samuel Lord Swaythling, having first taken and subscribed the oath pursuant to statute. |
Judicial Business
| 4. | Regina v. Secretary of State for the Home Department (Respondent) ex parte Patel (A.P.) (Appellant) (England)—The appeal of Idris Ibrahim Patel was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 7th December next. |
| 5. | Regina v. Secretary of State for the Home Department (Respondent) ex parte Coward (A.P.) (Petitioner) (lodged 9th October)—The petition of Eunice Coward praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged. |
| 6. | Prince Jefri Bolkiah (Petitioner) v. KPMG (a firm) (Respondents)—The petition of Prince Jefri Bolkiah praying for leave to appeal was presented and referred to an Appeal Committee. |
| 7. | Evans (Petitioner) v. Motor Insurers’ Bureau (Respondents)—The petition of Samuel Sidney Evans praying for leave to appeal was presented and referred to an Appeal Committee. |
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| 8. | Regina v. Her Majesty’s Coroner for Inner London South District (Respondent) ex parte Douglas-Williams (A.P.) (Petitioner) (lodged 23rd October)—The petition of Lisa Douglas-Williams praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged. |
| 9. | Regina v. McKenna (Respondent) ex parte Governor of Her Majesty’s Prison Magilligan (Petitioner) (Northern Ireland)—The petition of the Governor of Her Majesty’s Prison Magilligan praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. |
| 10. | Hoechst Celanese Corporation and others (Respondents) v. BP Chemicals Limited and others (Petitioners)—Upon application by the petitioners (the agents for the respondents consenting thereto), it was ordered that the petition be withdrawn and that there be no order as to costs. |
| 11. | Regina v. Doak (A.P.) (Petitioner)—The petitioner’s legal aid certificate was lodged. |
| 12. | Appeal Committee—The 94th Report from the Appeal Committee was agreed to and the following Orders were made: 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—That the respondents be invited to lodge objections by 9th November next. IM Properties plc (Petitioners) v. Cape & Dalgleish (a firm) (Respondents)—That the respondents be invited to lodge objections by 9th November, and that the petition be referred for hearing. Hamptons Residential Limited (Respondents) v. Field (on his own behalf and on behalf of the members of syndicates numbered 113, 204, 210, 235, 279, 316, 322, 365, 456, 490, 650, 657, 702, 818, 821, 839, 989, 1048, 1069, 1095 and 1127 at Lloyds) and 24 others (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. Memec PLC (Petitioners) 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. Zwebner and the Mortgage Corporation Limited (Respondents) and others v. Brooks & Co (a firm) (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. Arrowsmith (Respondent) v. Beeston and others (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. |
| 13. | Appeal Committee—The 95th Report from the Appeal Committee was agreed to and the following Orders were made: Brophy and another (Respondents) v. Dunphys Chartered Surveyors (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. London Underground Limited (Petitioners) v. Edwards (Respondent)—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. Creska Limited (Respondents) v. London Borough of Hammersmith and Fulham (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. Dunbar Bank plc (Respondents) v. Nadeem and another (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. Jolley (Petitioner) v. London Borough of Sutton (Respondents)—That the respondents be invited to lodge objections by 9th November next. Lubbe and others (Respondents) v. Cape Industries plc (Petitioners)—That the respondents be invited to lodge objections by 9th November next. |
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| 14. | Appeal Committee—The 96th Report from the Appeal Committee was agreed to and the following Orders were made: In re Debs (application for a writ of Habeas Corpus) (On Appeal from a Divisional Court of the Queen’s Bench Division)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 6.1(e) 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. Doak (A.P.) (Petitioner)—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. Regina v. Kelly (Petitioner)—That leave to appeal be refused. Regina v. Lindsay (Petitioner)—That leave to appeal be refused. In re Cuoghi (Petitioner) (application for writ of Habeas Corpus)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 6.1(e) 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. Coombs and others (Petitioners)—That leave to appeal be refused. In re Nilsson (Petitioner) (application for a writ of Habeas Corpus)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 6.1(e) 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
| 15. | Command Papers—The following papers, having been presented to the House by command of Her Majesty on 23rd October, were ordered to lie on the Table: |
| 1. | Double Taxation—Convention between the United Kingdom and Estonia for the avoidance of double taxation and the prevention of fiscal evasion; |
| (4084) |
| 2. | Contingent Liability—Department for International Development Minute on the Kuapa Kokoo Project; |
| (—) |
| 3. | Pollution—1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter, 1972, together with an explanatory memorandum. |
| (4078) |
| 16. | Statutory Instrument (Standing Order 68)—The following negative instrument, having been laid before the House on 23rd October, was ordered to lie on the Table: Local Government Act 1988 (Defined Activities) (Exemption) (Leicester City Council) Order 1998, laid under the Local Government Act 1988. |
| 17. | Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: |
| 1. | Building Regulations (Amendment) Regulations 1998, laid under the Building Act 1984; |
| (2561) |
| 2. | Civil Aviation (Canadian Navigation Services) Regulations 1998, laid under the Civil Aviation Act 1982; |
| (2575) |
| 3. | Health Authorities (Membership and Procedure) Amendment Regulations 1998, laid under the National Health Service Act 1977; |
| (2621) |
| 4. (i) | Broadford Bay and Loch Ainort, Isle of Skye, Scallops Several Fishery Order 1998— | (2638) |
| (ii) | Loch Sligachan, Isle of Skye, Scallops Several Fishery Order 1998— | (2640) |
| (ii) | Scalpay Island, Isle of Skye, Scallops Several Fishery Order 1998— | (2639) |
| laid under the Sea Fisheries (Shellfish) Act 1967. |
| 18. | Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: |
| 1. | Accounts for 1997–98, together with the Report of the Comptroller and Auditor General: |
| (i) | National Museum of Science and Industry— |
| (ii) | The National Gallery— |
| laid under the Museums and Galleries Act 1992; |
| 2. | Accounts for 1997–98 of the Health and Safety Commission and the Health and Safety Executive, together with the Report of the Comptroller and Auditor General, laid under the Health and Safety at Work etc. Act 1974; |
| 3. | Report for 1997–98 of the Residuary Body for Wales, laid under the Local Government (Wales) Act 1994; |
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| 4. | Accounts for 1997–98 of the National Museums and Galleries on Merseyside, together with the Report of the Comptroller and Auditor General, laid under the Merseyside Museums and Galleries Order 1986. |
Public Business
| 19. | Northern Ireland 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 questions that certain clauses stand part were negatived; the House was resumed. |
| 20. | Housing in England—The Baroness Maddock asked Her Majesty’s Government what action they propose to take to improve the quality of the housing stock following the recent publication of the English House Condition Survey for 1996; after debate, the question was answered by the Lord Whitty. |
The House was adjourned during pleasure.
The House was resumed.
| 21. | Northern Ireland Bill—The House again resolved itself into a Committee upon the bill; amendments were agreed to; an amendment was moved and (by leave of the Committee) withdrawn; the House was resumed after Schedule 1 stood part. |
The House was adjourned at eighteen minutes past ten o’clock
till tomorrow, half-past two o’clock.
APPENDIX 1
ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion in pursuance of the Life Peerages Act 1958 and of all other powers in that behalf Us enabling do by these Presents advance create and prefer Our trusty and well beloved Christopher Robin Haskins Esquire to the state degree style dignity title and honour of Baron Haskins of Skidby in Our County of the East Riding of Yorkshire
And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Baron Haskins to have and to hold unto him for his life
Willing and by these Presents granting for Us Our heirs and successors that he may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that he may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy
In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster in the afternoon of the twenty-fifth day of July in the forty-seventh year of Our Reign
BY WARRANT UNDER THE QUEEN’S SIGN MANUAL
APPENDIX 2
ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion in pursuance of the Life Peerages Act 1958 and of all other powers in that behalf Us enabling do by these Presents advance create and prefer Our trusty and well beloved Jonathan Toby Harris Esquire to the state degree style dignity title and honour of Baron Harris of Haringey of Hornsey in Our London Borough of Haringey
And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Baron Harris of Haringey to have and to hold unto him for his life
Willing and by these Presents granting for Us Our heirs and successors that he may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that he may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy
In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster the fifth day of August in the forty-seventh year of Our Reign
BY WARRANT UNDER THE QUEEN’S SIGN MANUAL