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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 13° Julii 1998

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

PRAYERS were read by the Lord Bishop of Oxford.

Judicial Business

1. Nessa (A.P.) (Appellant) v. Chief Adjudication Officer and another (Respondents) (lodged 18th May) (England)— The appeal of Joybun Nessa was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 24th August next. The appellant’s legal aid certificate was lodged.

2. Creska Limited (Respondents) v. London Borough of Hammersmith and Fulham (Petitioners)— The petition of the Mayor etc. of the London Borough of Hammersmith and Fulham praying for leave to appeal was presented and referred to an Appeal Committee.

3. White (Petitioner) v. White (Respondent)— The petition of Martin Edward John White praying for leave to appeal was presented and referred to an Appeal Committee.

4. Her Majesty’s Attorney General (Respondent) v. Tejendrasingh (Petitioner)— The petition of Sardar Tejendrasingh praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.

5. Matin (Respondent) v. Matin (Petitioner)— The petition of Abdul Matin praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.

6. N’Dow (Petitioner) v. Timmis-Desai Solicitors (Respondents)— The petition of Assan N’Dow praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.

7. Regina v. Bingham (Appellant) (On Appeal from the Court of Appeal in Northern Ireland)— The appeal was set down for hearing and referred to an Appellate Committee.

8. Regina v. Hertfordshire County Council (Respondents) ex parte Green Environmental Industries Limited and another (A.P.) (Appellant)— 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 24th August next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

9. Appeal Committee—The following Order was made pursuant to the 79th Report:

    Commissioners of Customs and Excise (Petitioners) v. British Telecommunications Plc (Respondents)— That leave to appeal be given, and that the petition of appeal be lodged by 27th July next.

10. Appeal Committee—The 83rd Report from the Appeal Committee was agreed to and the following Orders were made:

    Berkeley (Petitioner) v. Secretary of State for the Environment and others (Respondents)— That the respondents be invited to lodge objections by 20th July next.

    Regina v. Secretary of State for the Environment Transport and Regions (Respondent) ex parte Marson (Petitioner)— That the respondent be invited to lodge objections by 20th July next.

    Boom Time Holdings Limited (Respondents) v. Goldman Sachs International (Petitioners)— That leave to appeal be refused.

    Khazanchi and another (A.P.) (Petitioners) v. Faircharm Investments Limited and others (Respondents)— That leave to appeal be refused; that the costs of the petitioners be taxed in accordance with the Legal Aid Act 1988; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Her Majesty’s Attorney General (Respondent) v. Tejendrasingh (Petitioner)— That the petition be dismissed as inadmissible.

    Matin (Respondent) v. Matin (Petitioner)— That leave to appeal be refused.

    N’Dow (Petitioner) v. Timmis-Desai Solicitors (Respondents)— That leave to appeal be refused.

Papers

11. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:

    1. Social Security—Beating Fraud is Everyone’s Business-securing the future: Government consultation document;      (4012)

    2. Science and Technology—Science, Engineering and Technology Statistics for 1998.       (4006)

12. Statutory Instruments (Standing Order 68)— The following negative instruments, having been laid before the House on 10th July, were ordered to lie on the Table:

    1. Education (Student Loans) (Amendment) Regulations 1998, laid under the Education (Student Loans) Act 1990;      (1676)

    2. Food (Cheese) (Emergency Control) (Amendment No. 2) Order 1998, laid under the Food Safety Act 1990.      (1673)

13. Deregulation—The following document was laid before the House under section 3(3) of the Deregulation and Contracting Out Act 1994 and referred to the Delegated Powers and Deregulation Committee:

    Proposal for the Draft Deregulation (Occasional Licences) Order 1998.

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

    1. Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998, laid under the Merchant Shipping Act 1995;      (1609)

    2. Royal Ulster Constabulary Pensions (Amendment) Regulations 1998, laid under the Police Act (Northern Ireland) 1970.      (—)

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

    1. Accounts for 1997-98 of the Data Protection Registrar, together with the Report of the Comptroller and Auditor General, laid under the Data Protection Act 1984;

    2. Report for 1997-98 of the National Museums of Scotland, laid under the National Heritage (Scotland) Act 1985;

    3. Accounts for 1997-98 of the Human Fertilisation and Embryology Authority, together with the Report of the Comptroller and Auditor General, laid under the Human Fertilisation and Embryology Act 1990;

    4. Tai Cymru (Housing for Wales):

    (i) Report for 1997-98—

    (ii) Accounts for 1997-98—

    laid under the Housing Associations Act 1985.

Select Committee Report

16. House of Lords’ Offices—The 6th Report from the Select Committee was made; it was ordered that the report be printed. (HL Paper 130)

Public Business

17. Landmines Bill—A bill to promote the control of anti-personnel landmines; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 143)

18. Statute Law (Repeals) Bill [HL]— The order of re-commitment was discharged.

19. School Standards and Framework Bill—The bill was read a third time; an amendment was agreed to (see division list 1); amendments were disagreed to (see division lists 2 to 5); an amendment was moved and (by leave of the House) withdrawn; then, after debate, the bill was passed and returned to the Commons with amendments.

20. European Court of Human Rights—The Lord Lester of Herne Hill asked Her Majesty’s Government whether they will seek to improve the procedures for the election of Judges to the European Court of Human Rights by the Parliamentary Assembly of the Council of Europe; after debate, the question was answered by the Lord Chancellor.

The House was adjourned at a quarter-before nine o’clock

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 14 july 1998