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Session 1997-98
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Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Lunae 29° Junii 1998

The House met at half-past two o’clock.

PRAYERS were read by the Lord Bishop of Manchester.

Judicial Business

1. Alan Wibberley Building Limited (Respondents) v. Insley (A.P.) (Appellant) (England)— The appeal of John Graham Insley was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 10th August next.

2. Piglowska (Appellant) v. Piglowski (Respondent) (England)— The appeal of Ewa Rozalia Piglowska was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 10th August next.

3. Harrods Limited (Petitioners) v. Harrods (Buenos Aires) Limited and others (Respondents)— The petition of Harrods Limited praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

4. Cook (A.P.) (Appellant) v. Financial Insurance Company Limited (Respondents)— The appeal was set down for hearing and referred to an Appellate Committee.

5. Bruton (A.P.) (Appellant) v. London and Quadrant Housing Trust (Respondents)— The petition of the appellant (lodged 1st June) praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 22nd June (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

6. Regina v. Oxfordshire County Council and others (Respondents) ex parte Sunningwell Parish Council (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 10th August next or to the third sitting day after the next ensuing meeting of the House (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

7. Regina v. Secretary of State for the Home Department (Respondent) ex parte Fei (Petitioner) (Northern Ireland)— The petitioner’s legal aid certificate was lodged.

8. In re Ellis (A.P.) (Petitioner) (application for a writ of Habeas Corpus)— The petitioner’s legal aid certificate was lodged.

9. Appeal Committee—The following Order was made pursuant to the 57th Report:

    Regina v. Secretary of State for the Home Department (Respondent) ex parte Fei (Petitioner) (Northern Ireland)— The costs of the petitioner be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order, 1981.

10. Appeal Committee—The following Order was made pursuant to the 77th Report:

    Regina v. Secretary of State for the Home Department (Respondent) ex parte Salem (A.P.) (Petitioner)— That leave to appeal be given, and that the petition of appeal be lodged by 13th July next.

11. Appeal Committee—The 80th Report from the Appeal Committee was agreed to and the following Orders were made:

    Peach Publishing Limited (Petitioners) v. Slater & Company (a firm) (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.

    Regina v. Secretary of State for the Environment (Respondent) ex parte Bury Metropolitan Borough Council (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.

    Widdowson (Petitioner) v. Newgate Meat Corporation and another (Respondents) and another—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.

    Scarborough Building Society (Respondents) v. Howes Percival (a firm) (Petitioners)— That the respondents be invited to lodge objections by 13th July next.

    Carmichael and another (Respondents) v. National Power Plc (Petitioners)— That the respondents be invited to lodge objections by 13th July next.

    Glasgow City Council and others (Respondents) v. Marshall and others (Petitioners) (Scotland)— The petition praying for leave to present an appeal notwithstanding that the time limited by Standing Order I has expired be allowed and that the petition of appeal be lodged by 13th July next.

12. Appeal Committee—The 81st Report from the Appeal Committee was agreed to and the following Orders were made:

    Mitchell and another (Petitioners) v. Carter and another (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.

    Greenalls Management Limited (Respondents) v. Canavan (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.

    West Bromwich Building Society (Petitioners) v. Mander Hadley (Respondents)— That the respondents be invited to lodge objections by 13th July next.

    Dawson (Petitioner) v. Wearmouth (Respondent)— That the respondent be invited to lodge objections by 13th July next.

    Regina v. Greater Manchester Police Authority and others (Respondents) ex parte Century Motors (Farnworth) Limited (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.

    Commissioners of Customs and Excise (Respondents) v. News International Newspapers Limited (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.

Papers

13. 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. Commodities—Terms of Reference of the International Copper Study Group, together with an explanatory memorandum; (26th June)      (3993)

    2. Air Services—

    (i) Agreement between the United Kingdom and the Hong Kong Special Administrative Region, together with an explanatory memorandum; (26th June)       (3996)

    (ii) Agreement between the United Kingdom and Uganda; (26th June)      (3985)

    3. Police—Report for 1997-98 of the Commissioner of Police of the Metropolis; (29th June)      (—)

    4. Inmarsat—Amendments to the Convention and the Operating Agreements relating to the International Mobile Satellite Organization (Inmarsat). (29th June)      (3995)

14. Statutory Instrument (Standing Order 68)— The following negative instrument, having been laid before the House on 26th June, was ordered to lie on the Table:

    Dentists Act 1984 (Amendment) Order 1998, laid under the National Health Service (Primary Care) Act 1997.      (1546)

15. Deregulation—The following order was laid before the House for approval by resolution under section 1(4) of the Deregulation and Contracting Out Act 1994 and referred to the Delegated Powers and Deregulation Committee:

    Draft Deregulation (Exchangeable Driving Licences) Order 1998.

16. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:

    1. (i)      Prison (Amendment) (No. 2) Rules 1998—      (1544)

    (ii) Young Offender Institution (Amendment) Rules 1998—      (1545)

    laid under the Prison Act 1952;

    2. Merchant Shipping (International Safety Management (ISM) Code) Regulations 1998, laid under the Merchant Shipping Act 1995;      (1561)

    3. Human Organ Transplants (Establishment of Relationship) Regulations 1998, laid under the Human Organ Transplants Act 1989;      (1428)

    4. Wireless Telegraphy (Licence Charges) (Amendment No. 2) Regulations 1998, laid under the Wireless Telegraphy Act 1998;      (1567)

    5. Education (School Performance Targets) (England) Regulations 1998, laid under the Education Act 1997.      (1575)

17. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:

    1. Report for 1997 of the Director General of Fair Trading, laid under the Fair Trading Act 1973;

    2. Report for 1997 of the Legal Services Ombudsman, laid under the Courts and Legal Services Act 1990;

    3. Broadcasting Standards Commission:

    (i) Report and Financial Statements for 1997-98, together with the Report of the Comptroller and Auditor General—

    (ii) Review for 1997-98—

    laid under the Broadcasting Act 1996;

    4. Report for 1997 of the Construction Industry Training Board, laid under the Industrial Training Act 1982.

Public Business

18. Fireworks Bill—The bill was read a third time and passed and returned to the Commons with amendments.

19. Northern Ireland (Sentences) Bill—It was moved by the Lord Dubs 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.

20. National Institutions Measure—It was moved by the Lord Bishop of Blackburn that this House do direct that, in accordance with the Church of England Assembly (Powers) Act 1919, the Measure be presented to Her Majesty for the Royal Assent; after debate, the motion was agreed to.

21. Public Interest Disclosure Bill— The bill was read a third time and passed.

22. Child Benefit and Social Security (Fixing and Adjustment of Rates) (Amendment) Regulations 1998—It was moved by the Baroness Hollis of Heigham that the draft Regulations laid before the House on 8th June be approved; after debate, the motion was agreed to.

23. Vaccine Damage Payments Act 1979 Statutory Sum Order 1998—It was moved by the Baroness Hollis of Heigham that the draft Order laid before the House on 8th June be approved; after debate, the motion was agreed to.

The House was adjourned at fourteen minutes past eight o’clock

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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© Parliamentary copyright 1998
Prepared: 30 june 1998