HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Lunae 2° Novembris 1998
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Lichfield.
Judicial Business
1. Regina v. Evans and another and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)— The appeal of the Crown Prosecution Service (on behalf of the Commissioner of Police for the Metropolis and the Kingdom of Spain) was presented and ordered to be prosecuted subject to the procedures applicable thereto.
2. In re Pinochet (application for a writ of Habeas Corpus) (On Appeal from a Divisional Court of the Queen’s Bench Division) —The appeal of the Crown Prosecution Service ( on behalf of the Commissioner of Police for the Metropolis and the Kingdom of Spain) was presented and ordered to be prosecuted subject to the procedures applicable thereto.
3. In re Allison (Petitioner) (application for a writ of Habeas Corpus)— The petition of Adeniyi Momodu Allison praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.
4. In re Allison (Petitioner) (application for a writ of Habeas Corpus) (Second petition)— The petition of Adeniyi Momodu Allison praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.
5. In re Hatton (Petitioner) (application for a writ of Habeas Corpus)— The petition of Alexander Mark Hatton praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Administration of Justice Act 1960, was presented and referred to an Appeal Committee.
6. Regina v. Evans and another and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division) and one other appeal—The petition of Amnesty International, the Medical Foundation for the Care of Victims of Torture, the Redress Trust, Mary Ann Beausire, Juana Francisca Beausire and Sheila Anne Cassidy was presented praying that they might be heard or otherwise intervene in the said appeals (the agents for the appellants consenting thereto and the respondents not consenting thereto), and was referred to an Appeal Committee.
7. Regina v. Evans and another and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division) and one other appeal—The petition of Nicole François Drouilly and Marco Antonio Enriquez was presented praying that they might be heard or otherwise intervene in the said appeals (the agents for the appellants consenting thereto and the respondents not consenting thereto), and was referred to an Appeal Committee.
8. Regina v. Evans and another and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division) and one other appeal—The petition of Human Rights Watch was presented praying that they might be heard or otherwise intervene in the said appeals (the agents for the appellants consenting thereto and the respondents not consenting thereto), and was referred to an Appeal Committee.
9. O’Neill and another (A.P.) (Respondents) v. Phillips 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 2nd December next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
10. Regina v. Secretary of State for the Home Office (Respondent) ex parte Rajaratnam (A.P.) (Appellant)— The appellant’s legal aid certificate was lodged.
11. Appeal Committee—The 97th Report from the Appeal Committee was agreed to and the following Order was made:
Regina v. Evans and another and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division) and one other appeal—That the petition of Amnesty International, the Medical Foundation for the Care of Victims of Torture, the Redress Trust, Mary Ann Beausire, Juana Francisca Beausire and Sheila Anne Cassidy that they might be heard or otherwise intervene in the said appeals be allowed subject to oral argument.
Regina v. Evans and another and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division) and one other appeal—That the petitions of Nicole and François Drouilly and Marco Antonio Enriques and Human Rights Watch that they might be heard in the said appeals be refused; that the petitioners make available to solicitors and counsel for Amnesty International their arguments and material which they wish to lay before the House; and if, and in so far as the applicants to intervene seek to adduce arguments and material not placed before the House by solicitors and counsel for Amnesty International, there be liberty to apply to present written submissions limited to the point of law of general public importance certified by the Divisional Court.
Papers
12. Command Papers—The following papers, having been presented to the House by command of Her Majesty on the dates shown, were ordered to lie on the Table:
1. Inland Revenue—Report for 1997-98 of the Board of Inland Revenue; (30th October) (4079)
2. Works of Art—Report for 1997-98 of the Reviewing Committee on the export of works of art; (30th October) (4056)
3. Sport—Report for 1997-98 of the Sports Council for Wales. (2nd November) (—)
13. Statutory Instruments (Standing Order 68)— The following negative instruments, having been laid before the House on 30th October, were ordered to lie on the Table:
1. Act of Sederunt (Fees of Sheriff Officers) 1998, laid under the Sheriff Courts (Scotland) Act 1907; (2669)
2. School Standards and Framework Act 1998 (Modification) Regulations 1998, laid under the School Standards and Framework Act 1998. (2670)
14. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Magistrates’ Courts (Sex Offender and Anti-social Behaviour Orders) Rules 1998, laid under the Magistrates’ Courts Act 1980; (2682)
2. Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 1998, laid under the Sheriff Courts (Scotland) Act 1907. (2675)
15. Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:
Report for 1998 of the Scottish Sports Council Lottery Sports Fund, laid under the National Lottery etc. Act 1993.
Public Business
16. Scotland Bill—The bill was further considered on report; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; an amendment was agreed to (see division list 1); further consideration on report was adjourned.
17. Diana, Princess of Wales, memorial garden—The Lord Blaker asked Her Majesty’s Government whether the cost of converting Kensington Gardens to a memorial park for the late Diana, Princess of Wales, will be met from public funds if the proposal is proceeded with; after debate, the question was answered by the Lord McIntosh of Haringey.
The House was adjourned during pleasure.
The House was resumed.
18. Scotland Bill—The bill was further considered on report; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; amendments were disagreed to (see division lists 2 and 3); further consideration on report was adjourned after amendment 206W.
The House was adjourned at eleven o’clock
till tomorrow, half-past two o’clock.
MICHAEL DAVIES
Cler: Parliamentor:
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