HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Mercurii 18° Novembris 1998
The House met at two o’clock.
PRAYERS were read by the Lord Bishop of Blackburn.
Judicial Business
1. Prince Jeffri Bolkiah (Appellant) v. KPMG (a firm) (Respondent)— The Report from the Appellate Committee was agreed to; Counsel were heard on the form of the order; it was ordered and adjudged that the Orders of the Court of Appeal of 19th October and 5th November be set aside; that upon the respondents by their Counsel undertaking not hereafter, and whether acting by its partners, officers, servants or agents or any of them or otherwise howsoever, without the consent of the appellant to (a) use or disclose any information (whether in the form of documents or otherwise) about the appellant’s personal or financial affairs acquired by the respondents in the course of acting for the appellant or in actions 1996 folio numbers 1466, 1944 and 1934 and 1997 folio number 1962 save insofar as such information is in the public domain provided that the respondents may make such disclosure as is required (1) by any Order of a Court of competent jurisdiction or (2) by the Inland Revenue pursuant to the notices served on the respondents under Section 20 B(1) of the Taxes Management Act 1970 or any notice or notices which may hereafter be served on the respondents under Section 20(3) of that Act upon giving the appellant at least 7 days’ notice of its intention to make such disclosure or (b) direct, counsel, procure or authorise any other person, firm or company to do any of the aforesaid acts; that the respondents be restrained until trial or further Order, whether acting by their partners, officers, servants or agents or any of them or otherwise howsoever, from doing the following acts or any of them, that is to say (a) continuing to carry out the investigation known as project Gemma (being the work performed by the respondents pursuant to the letter of engagement dated 13th August 1998), or (b) carrying out any work covering any of the same subject matter as Project Gemma for the Brunei Investment Agency, or any other agency of the Government of Brunei, or any member of the Royal Family of Brunei, or any of the companies listed in the appendix to Freshfields’ letter of 7th August 1998 which was exhibited as part of exhibit CKG1 to the First Affidavit of Christopher Grierson sworn herein, or any person purporting to be their executive managers provided that the said injunction shall not prevent the respondents from continuing to provide audit services (other than the investigation of special transfers from the assets of the Brunei Investment Agency) to the Brunei Investment Agency and to other interests of the Sultan of Brunei; and that the respondents do pay to the appellant his costs before Mr Justice Pumfrey, in the Court of Appeal and in this House; such costs to include provision for three Counsel in the Court of Appeal and in this House, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.
2. Regina v. Governor of Her Majesty’s Prison Brockhill (Appellant) ex parte Evans (Respondent)— The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 14th December next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
The House was adjourned during pleasure.
The House was resumed.
Papers
3. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
Monopolies and Mergers Commission—ARRIVA plc and Lutonian Buses Ltd: a report on the merger situation; (4074)
Social Security—A new contract for welfare: Support in Bereavement: Government consultation document; (4104)
Education—Accounts for 1996-97 of the Northern Ireland Office Education and Library Boards; (4094)
Voluntary Sector—Compact between the Government and the Voluntary Sector in Wales. (4107)
4. Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:
School Standards and Framework Act 1998 (Home-School Agreements) (Modification) Regulations 1998, laid under the School Standards and Framework Act 1998.
5. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Draft Code of Practice on Intrusive Surveillance, laid under the Police Act 1997;
2. Accounts for 1997-98 of the Imperial War Museum, together with the Report of the Comptroller and Auditor General, laid under the Museums and Galleries Act 1992.
Select Committee Report
6. Delegated Powers and Deregulation—A Special Report from the Select Committee was made and ordered to be printed. (HL Paper 158)
Private Business
7. City of Westminster Bill [HL]—
It was moved by the Chairman of Committees that the Commons message of yesterday be now considered; and that the promoters of the bill have leave to suspend any further proceedings thereon in this session in order to proceed with the bill in the next session of Parliament, notice of their intention to do so having been deposited in the Office of the Clerk of the Parliaments not later than 12 noon tomorrow;
That the bill be deposited in the Office of the Clerk of the Parliaments not later than noon on the second sitting day in the next session with a declaration annexed, signed by the agent, stating that the bill is the same in every respect as the bill at the last stage of the proceedings thereon in this House in the present session;
That the proceedings on the bill in the next session of Parliament be pro forma in regard to every stage through which the bill has passed in the present session, and that no new fees be charged to such stages;
That the Private Business Standing Orders apply to the bill in the next session only in regard to any stage through which the bill has not passed during the present session;
the motion was agreed to; it was ordered that a message be sent to the Commons to acquaint them therewith.
8. London Local Authorities Bill [HL]— A message was brought from the Commons that they concur with the Resolution of this House of 17th November.
Public Business
9. Business of the House—It was moved by the Baroness Jay of Paddington that the motion standing in the name of the Lord Palmer be limited to 2½ hours; and that Standing Order 38(5) (Arrangement of the Order Paper) relating to the precedence of motions on Wednesdays be suspended this day; the motion was agreed to.
10. Standing Orders (Public Business)— It was moved by the Chairman of Committees that the Standing Orders relating to public business be amended as follows—
Standing Order 15
“(2) In order better to discharge his duties as a Minister of the Crown, the Lord Chancellor may, if he thinks fit, leave the Woolsack and sit in such other part of the House as he may find convenient; and in such circumstances his place on the Woolsack shall be taken by a Deputy Speaker or Deputy Chairman.”;
Standing Order 16
At end insert “or such other part of the House as he may find convenient”;
the motion was agreed to; it was ordered that the amendments be printed. (HL Paper 159)
11. House of Lords’ Offices—It was moved by the Chairman of Committees that the 7th Report from the Select Committee (HL Paper 153) be agreed to; then it was moved by the Lord Strabolgi as an amendment thereto after (“That”) to insert (“noting that the proposal has the support of many notable bodies, including the Royal Fine Art Commission, English Heritage, Westminster City Council, the House’s Advisory Panel on Works of Art and, on Division, a majority of the House’s Administration and Works Sub-Committee”); after debate, the amendment was (by leave of the House) withdrawn; then it was moved by the Lord Cocks of Hartcliffe as an amendment thereto to leave out all the words after (“That”) and insert (“this House declines to approve the 7th Report from the Select Committee (HL Paper 153), in view of the substantial disagreement amongst the members of the Administration and Works Sub-Committee on the question whether the scheme to refurbish Old Palace Yard be proceeded with at a cost of £2.44 million.”); the amendment was disagreed to (see division list 1); then the original motion was agreed to.
12. Registration of Political Parties Bill—The bill was read a third time; amendments were agreed to; then the bill was passed and returned to the Commons with amendments.
The House was adjourned during pleasure.
The House was resumed.
13. Security for Private Road Works (Scotland) Amendment Regulations 1998—It was moved by the Baroness Ramsay of Cartvale that the draft Regulations laid before the House on 30th June be approved; after debate, the motion was agreed to.
14. Channel 4 (Application of Excess Revenues) Order 1998—It was moved by the Lord McIntosh of Haringey that the draft Order laid before the House on 19th October be approved; after debate, the motion was agreed to.
15. Agriculture (2½-hour debate)— It was moved by the Lord Palmer that there be laid before the House papers relating to the present state of agriculture in the United Kingdom with particular reference to the upland regions and Scotland; after debate, the motion was (by leave of the House) withdrawn.
16. European Parliamentary Elections Bill—The bill was returned from the Commons with their disagreement to the Lords amendments insisted on, with their amendment in lieu not insisted on but with a further amendment proposed in lieu thereof; the Commons amendment was ordered to be printed. (HL Bill 167)
The House was adjourned during pleasure.
The House was resumed.
17. European Parliamentary Elections Bill—The Commons amendment was considered forthwith; a motion that the House do insist on the Lords amendments to which the Commons have disagreed and do disagree with the Commons in their further amendment in lieu was agreed to (see division list 2); a Committee was appointed to propose a reason for such insistence and disagreement.
The Lords following were named of the Committee:
Mackay of Ardbrecknish, L.
The Committee reported that they had proposed the following reason:
“Because the review proposed by the Commons remains an inadequate substitute for an electoral system that allows electors to vote for the individual party candidate of their choice.”
The report was agreed to and the bill was returned to the Commons with a reason.
The House was adjourned at five minutes past nine o’clock
till tomorrow, three o’clock.
MICHAEL DAVIES
Cler: Parliamentor:
| 
