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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 Jovis 16° Julii 1998

The House met at two o’clock.

PRAYERS were read by the Lord Bishop of Oxford.

Judicial Business

1. Dollar Land (Cumbernauld) Limited (Original Appellants and Cross-respondents) v. C.I.N. Properties Limited (Original Respondents and Cross-appellants) (Scotland)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Interlocutors of an extra Division of the Court of Session of 25th April 1996 and 8th May 1996 be adhered to and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.

2. Page (Appellant) v. Sheerness Steel Company Limited (Respondents)—

3. Wells (suing by her daughter and next friend Susan Smith) (Appellant) v. Wells (Respondent)—

4. Thomas (suing by his mother and next friend Susan Thomas) (Appellant) v. Brighton Health Authority (Respondents)—

    (Conjoined appeals)—

    The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Orders of the Court of Appeal of 28th November 1996 be set aside and the Orders of Mr Justice Dyson of 11th December 1995, of Mr Justice Collins of 7th November 1995 and of Judge Wilcox of 27th June 1995 be restored, save that, in the case of Wells, for the net discount rate of 2.5 per cent there be substituted a rate of 3 per cent and save that, in the case of Thomas, the multiplier to be used by the Judge be 26.58, as set out in the speech of the Lord Lloyd of Berwick; and that the Respondents do pay to the Appellants their costs in the Court of Appeal and in this House, the amounts of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties.

5. Swiggs and others (Respondents) v. Nagarajan (A.P.) (Appellant) (England)— The appeal of Gregory Nagarajan was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 27th August next.

6. O’Keefe and another (Petitioners) v. Secretary of State for the Environment and others (Respondents) (lodged 13th October 1997)— The petition of Anna Maria O’Keefe and Michael John Cameron O’Keefe 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. North Yorkshire County Council (Appellants) ex parte Brown and another (Respondents)— 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 27th 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.

8. Appeal Committee—The 84th Report from the Appeal Committee was agreed to and the following Orders were made:

    Waters (Petitioner) v. Commissioner of Police for the Metropolis (Respondent)— That the petition be referred for hearing.

    Regina v. Department of Agriculture for Northern Ireland (Respondents) ex parte Bignell (A.P.) (Petitioner) (Northern Ireland)— That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981; 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.

    General of Berne Insurance Company (Petitioners) v. Jardine Reinsurance Management Limited (formerly Jardine Thompson Graham (Underwriting Management) Limited) and others (Respondents)— That the respondents be invited to lodge objections by 30th July next.

    Knapp and Knapp (A.P.) (Petitioners) v. Ecclesiastical Insurance Group Plc and another (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.

    O’Keefe and another (Petitioners) v. Secretary of State for the Environment and others (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 be certified by the Clerk of the Parliaments if not agreed between the parties.

9. Appeal Committee—The 85th Report from the Appeal Committee was agreed to and the following Orders were made:

    Harries (A.P.) (Petitioner) v. Barclays Bank plc (Respondents)— That the petition be referred for hearing.

    Regina v Martin (Petitioner)— That the respondent be invited to lodge objections by 30th July next.

    Regina v. White (Petitioner)— That leave to appeal be refused.

    In re Gilligan (Petitioner) (application for a writ of Habeas Corpus)— That the respondents be invited to lodge objections by 30th July next.

    In re Ellis (application for a writ of Habeas Corpus)— That the respondents be invited to lodge objections by 30th July next.

    Steed (Respondent) v. Home Office (Petitioner)— That the respondent be invited to lodge objections by 30th July next.

    Duckwari plc (Respondents) v. Offerventure Limited and another (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.

10. Appeal Committee—The 86th Report from the Appeal Committee was agreed to and the following Orders were made:

    Oxnard Financing SA (Respondents) v. Rahn and others (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.

    W H Martin Limited (Respondents) v. Feldbinder Spezialfahrzeugwerke GmbH (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.

    Burridge (Respondent) v. London Borough of Harrow (Petitioners) and others—That the respondent be invited to lodge objections by 30th July next.

    British Broadcasting Corporation (Respondents) v. Kelly-Phillips (Petitioner)— That the respondents be invited to lodge objections by 30th July next.

    Bennett (A.P.) (Petitioner) v. Greenland Houchen (a Firm) (Respondents)— That leave to appeal be refused; that the costs of the petitioner 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.

    Ivory Gate Limited (Respondents) v. Spetale and Freedman (Petitioner) 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.

11. Appeal Committee—The 87th Report from the Appeal Committee was agreed to and the following Order was made:

    Runghaswami (a patient suing by his father and next friend Maurice Runghaswami) (A.P.) (Petitioner) v. London Buses Limited (Respondents)— That the petition praying for review of the Clerk of the Parliaments’ determination of the petitioner’s costs be allowed, and that the further costs of the petition be taxed in accordance with the Legal Aid Act 1988.

The House was adjourned during pleasure.

The House was resumed.

12. Oath—Quentin Gerard Carew Earl of Portsmouth took and subscribed the oath pursuant to statute.

Papers

13. Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

    Draft Conditional Fee Agreements Order 1998.

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

    1. Education (Assisted Places) (Amendment) Regulations 1998, laid under the Education (Schools) Act 1997;      (1726)

    2. M4 Motorway (Hillingdon and Hounslow) (Speed Limits) Regulations 1998, laid under the Road Traffic Regulation Act 1984;      (1708)

    3. Eggs (Marketing Standards) (Amendment) Regulations 1998, laid under the Food Safety Act 1990;      (1665)

    4. Social Security (Categorisation of Earners) Amendment Regulations 1998, laid under the Social Security Contributions and Benefits Act 1992;      (1728)

    5. Cosmetic Products (Safety) (Amendment) Regulations 1998, laid under the European Communities Act 1972.      (1727)

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

    1. (i)      Financial Statements for April to June 1998 of the following Development Corporations:

    (a) Teesside—

    (b) Tyne and Wear—

    (c) Trafford Park—

    (d) Merseyside—

    (e) Black Country—

    (f) Birmingham Heartlands—

    (g) Plymouth—

    (h) London Docklands—

    (ii) Report and Financial Statements for 1997-98 of the following Development Corporations:

    (a) Tyne and Wear—

    (b) Teesside—

    laid under the Local Government, Planning and Land Act 1980;

    2. (i)      Accounts for 1996-97 of the Imperial War Museum, together with the Report of the Comptroller and Auditor General—

    (ii) Accounts for 1997-98 of the Museums & Galleries Commission, together with the Report of the Comptroller and Auditor General—

    laid under the Museums and Galleries Act 1992;

    3. Reports and Accounts for 1997-98, together with the Report of the Comptroller and Auditor General:

    (i) Insolvency Service—

    (ii) Ordnance Survey—

    (iii) Duke of York’s Royal Military School—

    laid under the Exchequer and Audit Departments Act 1921;

    4. Report for 1997-98 of the Standing Advisory Commission on Human Rights, laid under the Northern Ireland Constitution Act 1973;

    5. Report for 1997 of the Parole Board for Scotland, laid under the Prisons (Scotland) Act 1989;

    6. Report for 1997-98 of the Post Office Users’ Council for Scotland, laid under the Post Office Act 1969;

    7. Accounts for 1997-98 of the Wales Tourist Board, together with the Report of the Comptroller and Auditor General, laid under the Development of Tourism Act 1969;

    8. Report and Accounts for 1997-98 of the Royal Mint, together with the Report of the Comptroller and Auditor General, laid under the Government Trading Funds Act 1973;

    9. Report and Accounts for 1997-98 of the London Pensions Fund Authority, laid under the Local Government Act 1985;

    10. Report and Accounts for 1996-97 of the General Lighthouse Fund, together with the Report of the Comptroller General, laid under the Merchant Shipping Act 1995;

    11. Report for 1997-98 of the Crown Estate, laid under the Crown Estate Act 1961;

    12. Report for 1997-98 of the Serious Fraud Office, laid under the Criminal Justice Act 1987.

Public Business

16. Business of the House—It was moved by the Lord Privy Seal (Lord Richard) that Standing Order 44 (No two stages of a Bill to be taken on one day) be suspended until the House adjourns for the summer recess; the motion was agreed to.

17. Consolidated Fund (Appropriation) (No. 2) Bill—It was moved by the Lord McIntosh of Haringey that the bill be now read a second time; the motion was agreed to and the Committee was negatived; then, Standing Order 44 having been suspended, the bill was read a third time and passed.

18. Teaching and Higher Education Bill [HL]— The bill was returned from the Commons with the amendment agreed to.

19. School Standards and Framework Bill—The bill was returned from the Commons with one of the amendments agreed to with an amendment; with certain other amendments disagreed to and with an amendment in lieu thereof and with amendments to the words so restored to the bill; with certain other amendments disagreed to with reasons for such disagreement; and with the remaining amendments agreed to; the Commons amendments and reasons were ordered to be printed. (HL Bill 146)

20. Northern Ireland (Sentences) Bill—The report was received; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; an amendment was negatived; it was ordered that the bill be printed as amended. (HL Bill 147)

21. Royal Assent—The Lord Speaker (Baroness Serota) notified the Queen’s Assent to the following Acts:

Appropriation Actc.28
Data Protection Actc.29
Teaching and Higher Education Actc.30
Shrewsbury and Atcham Borough Council Actc. ii

22. Scotland Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed.

23. Houses in Multiple Occupation (Charges for Registration Schemes) Regulations 1998—It was moved by the Baroness Farrington of Ribbleton, on behalf of the Baroness Hayman, that the draft Regulations laid before the House on 22nd June be approved; the motion was agreed to.

24. Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Amendment Regulations 1998—It was moved by the Baroness Farrington of Ribbleton, on behalf of the Baroness Hayman, that the draft Regulations laid before the House on 2nd July be approved; the motion was agreed to.

25. Community Drivers’ Hours and Recording Equipment (Amendment) Regulations 1998—It was moved by the Baroness Farrington of Ribbleton, on behalf of the Baroness Hayman, that the draft Regulations laid before the House on 22nd June be approved; after debate, the motion was agreed to.

26. Deregulation (Exchangeable Driving Licences) Order 1998—It was moved by the Baroness Farrington of Ribbleton, on behalf of the Baroness Hayman, that the draft Order laid before the House on 25th March be approved; after debate, the motion was agreed to.

The House was adjourned during pleasure.

The House was resumed.

27. Scotland Bill—The House again resolved itself into a Committee upon the bill; amendments were disagreed to (see division lists 1 and 2); amendments were moved and (by leave of the Committee) withdrawn; the House was resumed after amendment 134.

The House was adjourned at seven minutes past eleven o’clock

till tomorrow, eleven o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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© Parliamentary copyright 1998
Prepared: 17 july 1998