House of Lords Journal 231 (Session 1997-98)

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Monday 16 June 1997

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.
Allen of Abbeydale, L.
Allenby of Megiddo, V.
Ampthill, L.
Anelay of St. Johns, B.
Annan, L.
Archer of Sandwell, L.
Archer of Weston-Super-Mare, L.
Ashley of Stoke, L.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Baldwin of Bewdley, E.
Balfour, E.
Balfour of Burleigh, L.
Barnett, L.
Beaverbrook, L.
Belhaven and Stenton, L.
Beloff, L.
Blatch, B.
Blease, L.
Bledisloe, V.
Blyth, L.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Boyd-Carpenter, L.
Brabazon of Tara, L.
Bridgeman, V.
Brightman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Bruntisfield, L.
Burnham, L.
Butterworth, L.
Byford, B.
Cadman, L.
Campbell of Alloway, L.
Campbell of Croy, L.
Carlisle, E.
Carmichael of Kelvingrove, L.
Carnarvon, E.
Carnegy of Lour, B.
Carter, L.
Cawley, L.
Chalker of Wallasey, B.
Charteris of Amisfield, L.
Chelmsford, V.
Chesham, L.
Clancarty, E.
Clanwilliam, E.
Clark of Kempston, L.
Cledwyn of Penrhos, L.
Cobbold, L.
Cochrane of Cults, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Constantine of Stanmore, L.
Cooke of Thorndon, L.
Courtown, E.
Craigavon, V.
Cranborne, V.
Crickhowell, L.
Croham, L.
Cuckney, L.
Cullen of Ashbourne, L.
Cumberlege, B.
Currie of Marylebone, L.
David, B.
Davidson, V.
De Freyne, L.
Dean of Beswick, L.
Dean of Harptree, L.
Denbigh, E.
Denham, L.
Denton of Wakefield, B.
Dilhorne, V.
Dixon-Smith, L.
Donaldson of Kingsbridge, L.
Donoughue, L.
Dormand of Easington, L.
Downshire, M.
Drogheda, E.
Dubs, L.
Ellenborough, L.
Elles, B.
Elliott of Morpeth, L.
Erne, E.
Evans of Parkside, L.
Ewing of Kirkford, L.
Falconer of Thoroton, L.
Farrington of Ribbleton, B.
Fisher of Rednal, B.
Fitt, L.
Flowers, L.
Gainford, L.
Gallacher, L.
Gardner of Parkes, B.
Gladwin of Clee, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray, L.
Gray of Contin, L.
Greenhill of Harrow, L.
Gregson, L.
Grey, E.
Halsbury, E.
Hampden, V.
Hankey, L.
Hanworth, V.
Hardie, L.
Harding of Petherton, L.
Hardwicke, E.
Harris of Greenwich, L.
Haskel, L.
Hayhoe, L.
Hayter, L.
Headfort, M.
Henderson of Brompton, L.
Henley, L.

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Hilton of Eggardon, B.
Hollis of Heigham, B.
HolmPatrick, L.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howe, E.
Howie of Troon, L.
Hughes, L.
Hussey of North Bradley, L.
Hylton-Foster, B.
Ilchester, E.
Iveagh, E.
Jay of Paddington, B.
Jeffreys, L.
Jenkin of Roding, L.
Jenkins of Putney, L.
Johnston of Rockport, L.
Kennet, L.
Keyes, L.
Kilbracken, L.
Kingsland, L.
Kinloss, Ly.
Knollys, V.
Lauderdale, E.
Lawrence, L.
Layton, L.
Lester of Herne Hill, L.
Lestor of Eccles, B.
Lindsay, E.
Liverpool, E.
Liverpool, Bp.
Lloyd-George of Dwyfor, E.
Lofthouse of Pontefract, L.
Long, V.
Lowry, L.
Lucas, L.
Lucas of Chilworth, L.
Luke, L.
Lyell, L.
McIntosh of Haringey, L.
Mackay of Ardbrecknish, L.
Mackie of Benshie, L.
McNair, L.
McNally, L.
Manton, L.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Mason of Barnsley, L.
Merrivale, L.
Mersey, V.
Meston, L.
Milner of Leeds, L.
Milverton, L.
Molloy, L.
Monson, L.
Monteagle of Brandon, L.
Moran, L.
Mowbray and Stourton, L.
Moynihan, L.
Munster, E.
Nelson, E.
Newall, L.
Nicol, B.
Noel-Buxton, L.
Northesk, E.
O’Cathain, B.
Onslow, E.
Oppenheim-Barnes, B.
Orr-Ewing, L.
Oxfuird, V.
Park of Monmouth, B.
Parry, L.
Paul, L.
Peel, E.
Pender, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Ellesmere, L.
Pilkington of Oxenford, L.
Plant of Highfield, L.
Ponsonby of Shulbrede, L.
Pym, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Rankeillour, L.
Rawlings, B.
Rawlinson of Ewell, L.
Rea, L.
Redesdale, L.
Renton, L.
Richard, L.
Rix, L.
Rotherwick, L.
Rowallan, L.
Sainsbury, L.
St. Davids, V.
St. John of Bletso, L.
St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Seccombe, B.
Sefton of Garston, L.
Sewel, L.
Shannon, E.
Sharples, B.
Shaughnessy, L.
Shore of Stepney, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Smith, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Southwell, Bp.
Stallard, L.
Stewartby, L.
Stockton, E.
Stoddart of Swindon, L.
Strabolgi, L.
Strange, B.
Strathcarron, L.
Strathclyde, L.
Strathcona and Mount Royal, L.
Swinfen, L.
Taylor of Blackburn, L.
Taylor of Gryfe, L.
Taylor of Warwick, L.
Tenby, V.
Terrington, L.
Teviot, L.
Thomas of Gwydir, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Tope, L.
Trumpington, B.
Turner of Camden, B.
Tweeddale, M.
Vivian, L.
Waddington, L.
Wallace of Saltaire, L.
Walton of Detchant, L.
Waverley, V.
Weatherill, L.
Westbury, L.
Whaddon, L.
Wharton, B.
Whitelaw, V.
Whitty, L.
Wilberforce, L.
Wilcox, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Winchilsea and Nottingham, E.
Winston, L.
Wise, L.
Wright of Richmond, L.

PRAYERS were read by the Lord Bishop of Southwell.

1.Oaths—The Lords following took and subscribed the oath, pursuant to statute:

Edward Douglas John Marquess of Tweeddale
David Stuart Bishop of Liverpool

2.Queen’s Speech—The Queen’s answer to the Address of Wednesday 21st May last was delivered by the Lord Chamberlain (Earl of Airlie) and read, as follows:

I have received with great satisfaction the loyal and dutiful expression of your thanks for the speech with which I opened the present session of Parliament.

Judicial Business

3.Page (Appellant) v. Sheerness Steel Company Limited (Respondents) (England)—The appeal of Kelvin Page was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 28th July next.

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4.Wells (Suing by her daughter and next friend Susan Smith) (Appellant) v. Wells (Respondent) (England)—The appeal of Margaret Thelma Wells was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 28th July next.
5.Thomas (Suing by his mother and next friend Susan Thomas) (Appellant) v. Brighton Health Authority (Respondents) (England)—The appeal of James Oliver Thomas was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 28th July next.
6.Hughes and others (Appellants) v. Hannover Ruckversicherungs-Aktiengesellschaft (Respondents) (England)—The appeal of Christopher John Hughes, David Eugene William Lines and Peter Charles Barnes Mitchell was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 28th July next.
7.Chant and Fairlie (Petitioner) and others v. Secretary of State for the Environment and others (Respondents) (lodged 12th June)—The petition of Simon Fairlie praying for leave to appeal was presented and referred to an Appeal Committee.
8.A Meredith Jones & Co. Limited (Petitioners) v. Vangemar Shipping Co. Limited (Respondents)—The petition of A Meredith Jones & Co. Limited praying for leave to appeal was presented and referred to an Appeal Committee.
9.Twogates Properties Limited (Petitioners) v. Birmingham Midshires Building Society and others (Respondents)—The petition of Twogates Properties Limited praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired and was presented and referred to an Appeal Committee.
10.In re S (a minor) (1997)—The appeal was set down for hearing and referred to an Appellate Committee.
11.Appeal Committee—The 9th Report from the Appeal Committee was agreed to and the following Order was made—

Official Receiver for Northern Ireland (Respondent) v. Tobin and another (Executors of the will of Manny Tobin (deceased)) (Respondents) and Eisen (Petitioner) (Northern Ireland)—That leave to appeal be refused.


12.Command Papers—The following papers, having been presented to the House by command of Her Majesty on 13th June, were ordered to lie on the Table:
1.Monopolies and Mergers—MMC Report on the merger situation between Klaus J. Jacobs Holding AG and Socieúteú Centrale d’Investissements et Associeús;
2.European Communities—Government Response to the 4th Report of the House of Commons Foreign Affairs Committee on Developments at the Inter-Governmental Conference.
13.Statutory Instruments (Standing Order 68)—The following negative instruments, having been laid before the House on 13th June, were ordered to lie on the Table:
1.Local Government Act 1988 (Defined Activities) (Exemption) (Dacorum Borough Council) Order 1997, laid under the Local Government Act 1988;
2.Contaminants in Food Regulations 1997, laid under the Food Safety Act 1990.
14.Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

Draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Amendment Regulations 1997.

15.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 1997, laid under the Health and Safety at Work etc. Act 1974;
2.Road Works (Registers, Notices, Directions and Designations) (Scotland) Amendment Regulations 1997, laid under the New Roads and Street Works Act 1991.
16.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Statement of guarantee given by the Secretary of State for Health on loans proposed to be raised by the Royal Berkshire and Battle Hospitals NHS Trust, laid under the National Health Service and Community Care Act 1990;
2.Accounts for 1996 of the General Dental Council, laid under the Dentists Act 1984.

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Public Business

17.Business of the House—It was moved by the Lord Privy Seal (Lord Richard) that the provisions of Standing Order 38(4) be dispensed with on Thursday 19th June to allow the motion in the name of the Earl Russell to be taken before that in the name of the Baroness Hogg; the motion was agreed to.
18.Law Officers Bill [HL]—It was moved by the Lord Falconer of Thoroton 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.
19.Northern Ireland (Emergency Provisions) Act 1996 (Amendment) Order 1997—It was moved by the Lord Dubs that the Order laid before the House on 3rd June be approved; after debate, the motion was agreed to.

The House was adjourned at twenty minutes before five o’clock
till tomorrow, half-past two o’clock.