HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Jovis 11° Martii 1999
The House met at two o’clock.
PRAYERS were read by the Lord Bishop of Oxford.
Judicial Business
1. Kuwait Airways Corporation and another (Appellants) v. Kuwait Insurance Company S A K and others (Respondents)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 21st May 1997 be varied so that, for paragraph 1, there be substituted the words: “that the Plaintiffs’ appeal be allowed in so far as it relates to spares questions 1 and 3; and that the appeal in all other respects be dismissed”; so that, in paragraph 2, after the word “part” there be inserted the words: “in so far as it relates to sue and labour questions 1 and 2;” and after the word “dismissed” there be inserted the words: “, save as regards the Plaintiffs’ claim to indemnification in respect of the value of lost spares and equipment up to the maximum amount of US$ 150,000,000”; and after the figure “5(1)” there be inserted the words: “and, in paragraph 5, from ’the Plaintiffs’ to the end of the paragraph”; and so that paragraph 3 be deleted; that the respondents do pay to the appellants one third of their costs before Mr Justice Rix between 17th October and 3rd November 1994, two thirds of their costs in the Court of Appeal and their costs before 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 cause, together with the matter of other costs incurred by the appellants before the Queen’s Bench Division, be remitted to the Queen’s Bench Division.
2. In re B (a minor) (A.P.) (Appellant)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 4th March 1998 be set aside save as to Legal Aid taxation; that the Order of Mr Justice Sumner of 6th November 1997 be restored; and that the respondent 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 in this House be taxed in accordance with the Legal Aid Act 1988.
3. Regina v. Bingham (Appellant) (On Appeal from the Court of Appeal Northern Ireland) (Northern Ireland)—
4. Regina v. Cooke (Appellant) (On Appeal from the Court of Appeal Northern Ireland) (Northern Ireland)—
The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Orders of the Court of Appeal in Northern Ireland of 21st March 1997 be affirmed and the appeals dismissed.
The House was adjourned during pleasure.
The House was resumed.
5. Oath—Antony Charles Robert Earl of Snowdon took and subscribed the oath pursuant to statute.
Papers
6. Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:
Draft New Opportunities Fund (Specification of Initiatives) Order 1999.
7. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. State Immunity (Merchant Shipping) (Revocation) Order 1999, laid under the State Immunity Act 1978; (668)
2. Planning and Compensation Act 1991 (Amendment of Schedule 18) Order 1999, laid under the Planning and Compensation Act 1991; (648)
3. (i) Health and Safety (Fees) Regulations 1999— (645)
(ii) Control of Major Accident Hazards Regulations 1999— (743)
laid under the Health and Safety at Work etc. Act 1974;
4. (i) Local Government Officers (Political Restrictions) (Amendment) Regulations 1999— (715)
(ii) Public Airport Companies (Capital Finance) (Amendment) Order 1999— (554)
laid under the Local Government and Housing Act 1989;
5. Organic Farming Regulations 1999, laid under the European Communities Act 1972;
6. (i) Police (Conduct) Regulations 1999— (730)
(ii) Police (Conduct) (Senior Officers) Regulations 1999— (731)
(iii) Police (Efficiency) Regulations 1999— (732)
(iv) Police (Secretary of State’s Objectives) Order 1999— (543)
laid under the Police Act 1996;
7. Misuse of Drugs (Licence Fees) (Amendment) Regulations 1999, laid under the Misuse of Drugs Act 1971; (741)
8. (i) Young Offender Institution (Amendment) Rules 1999— (729)
(ii) Prison Rules 1999— (728)
laid under the Criminal Justice Act 1967;
9. (i) Income-related Benefits (Subsidy to Authorities) Amendment Order 1999— (550)
(ii) Housing Benefit (Permitted Totals) (Amendment) Order 1999— (642)
laid under the Social Security Administration Act 1992;
10. Social Security Contributions, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 1999, laid under the Social Security Contributions and Benefits Act 1992; (567)
11. Occupational and Personal Pension Schemes (Levy) Amendment Regulations 1999, laid under the Pension Schemes Act 1993; (682)
12. (i) Education (References to Adjudicator) Regulations 1999— (702)
(ii) Education (References to Delegated Budgets and Revocation) Regulations 1999— (711)
(iii) Education (School Organisation Plans) (England) Regulations 1999— (701)
(iv) Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999— (704)
(v) School Standards and Framework Act 1998 (Modification, Transitional and Consequential Provisions) Regulations 1999— (638)
(vi) Staffing of Grant-maintained and Grant-maintained Special Schools (Transitional Provisions) Regulations 1999— (705)
(vii) Education (Schedule 32 to the School Standards and Framework Act 1998) (England) Regulations 1999— (532)
(viii) Education (School Organisation Committees) (England) Regulations 1999— (700)
laid under the School Standards and Framework Act 1998;
13. (i) Education (Governors’ Allowances) Regulations 1999— (703)
(ii) Education (Payment for Special Educational Needs Supplies) Regulations 1999— (710)
laid under the Education Act 1996;
14. (i) Brackenhurst College, Southwell (Dissolution) Order 1999— (699)
(ii) Leicester College (Government) Regulations 1999— (709)
(iii) High Pavement Sixth Form College, Nottingham (Dissolution) Order 1999— (602)
(iv) Leicester College (Incorporation) Order 1999— (708)
(v) East Durham and Houghall Community College (Government) Regulations 1999— (707)
(vi) East Durham and Houghall Community College (Incorporation) Order 1999— (706)
laid under the Further and Higher Education Act 1992;
15. Environmental Protection (Waste Recycling Payments) (Amendment) Regulations 1999, laid under the Environmental Protection Act 1990; (546)
16. Road Traffic (Permitted Parking Area and Special Parking Area) (City of Portsmouth) Order 1999, laid under the Road Traffic Act 1991; (768)
17. Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 1999, laid under the Wireless Telegraphy Act 1949; (765)
18. National Health Service (Charges for Drugs and Appliances) and Travelling Expenses and remission of Charges) Amendment Regulations 1999, laid under the National Health Service Act 1977; (767)
19. National Board for Nursing, Midwifery and Health Visiting for England (Constitution and Administration) Amendment Order 1999, laid under the Nurses, Midwives and Health Visitors Act 1997; (766)
20. Civil Aviation (Navigation Services Charges) (Second Amendment) Regulations 1999, laid under the Civil Aviation Act 1982; (618)
21. (i) Sheriff Court Fees Amendment Order 1999— (754)
(ii) Court of Session etc. Fees Amendment Order 1999— (755)
(iii) High Court of Justiciary Fees Amendment Order 1999— (753)
laid under the Courts of Law Fees (Scotland) Act 1895;
22. (i) Council Tax (Reductions for Disabilities) (Scotland) Amendment Regulations 1999— (756)
(ii) Council Tax (Exempt Dwellings) (Scotland) Amendment Order 1999— (757)
laid under the Local Government Finance Act 1992;
23. (i) Clinical Standards Board for Scotland Order 1999— (726)
(ii) National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1999— (725)
(iii) National Health Service (Dental Services) (Miscellaneous Amendments) (Scotland) Regulations 1999— (724)
(iv) National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999— (748)
(v) National Health Service (General Medical Services) (Scotland) Amendment Regulations 1999— (749)
laid under the National Health Service (Scotland) Act 1978;
24. Housing Accommodation and Homelessness (Persons subject to Immigration Control) (Amendment) (Scotland) Order 1999, laid under the Asylum and Immigration Act 1996; (723)
25. Agricultural Wages (Scotland) Act 1949 (Amendment) Regulations 1999, laid under the National Minimum Wage Act 1998; (750)
26. Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Amendment Order 1999, laid under the Inshore Fishing (Scotland) Act 1984; (751)
27. Bankruptcy Fees (Scotland) Amendment Regulations 1999, laid under the Bankruptcy (Scotland) Act 1985. (752)
8. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Report and Accounts for 1997-98 of Dartford River Crossing Limited, laid under the Dartford-Thurrock Crossing Act 1998;
2. County Court Fees Order 1999, laid under the County Courts Act 1986; (689)
3. (i) Supreme Court Fees Order 1999— (687)
(ii) Non-Contentious Probate Fees Order 1999— (688)
laid under the Supreme Court Act 1981;
4. Family Proceedings Fees Order 1999, laid under the Insolvency Act 1986; (690)
5. Account for 1997-98 of the National Board for Nursing, Midwifery and Health Visiting for Scotland, together with the Report of the Comptroller and Auditor General, laid under the Nurses, Midwives and Health Visitors Act 1997.
9. Instrument coming into operation before being laid—The Lord Chancellor acquainted the House that he had received, under the proviso to section 4(1) of the Statutory Instruments Act 1946, notification that the following instrument had come into operation before being laid before Parliament, with an explanation thereof; the notification and explanation were ordered to lie on the Table:
Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 2) Order Partial Revocation Order 1999.
Public Business
10. Criminal Cases Review (Insanity) Bill [HL]— A bill to make provision enabling verdicts of guilty but insane to be referred to and reviewed by the Court of Appeal was presented by the Lord Ackner, read a first time and ordered to be printed. (HL Bill 35)
11. Criminal Cases Review (Insanity) Bill [HL]——It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 35-EN)
12. Health Bill [HL]— It was moved by the Lord Hunt of Kings Heath, on behalf of the Baroness Hayman, that the amendments for the Report Stage be marshalled and considered in the following order:
Clauses 1 and 2
Schedule 1
Clauses 3 to 14
Schedule 2
Clauses 15 to 47
Schedule 3
Clauses 48 to 50
Schedules 4 and 5
Clauses 51 to 54;
the motion was agreed to.
13. Disability Rights Commission Bill [HL]— The report was received; amendments were moved and (by leave of the House) withdrawn; an amendment was agreed to (see division list 1); an amendment was disagreed to (see division list 2); further amendments were agreed to; it was ordered that the bill be printed as amended. (HL Bill 36)
14. Code of Practice on School Admissions—It was moved by the Baroness Blatch that this House declines to approve the draft Code of Practice on School Admissions laid before the House under sections 84 and 85 of the School Standards and Framework Act 1998 on 5th February 1999; after debate, the motion was (by leave of the House) withdrawn.
15. Rating (Valuation) Bill—It was moved by the Baroness Farrington of Ribbleton, on behalf of the Lord Whitty, that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Committee of the Whole House.
16. Easter Act 1928 (Commencement) Bill [HL]— It was moved by the Earl of Dartmouth that the bill be now read a second time; after debate, the motion was (by leave of the House) withdrawn; then the bill was withdrawn.
The House was adjourned at eighteen minutes before eleven o’clock
to Monday next, half-past two o’clock.
MICHAEL DAVIES
Cler: Parliamentor:
|
