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


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Lunae 20° Julii 1998

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

PRAYERS were read by the Lord Bishop of Exeter.

1. Lord Clement-Jones—Timothy Francis Clement-Jones Esquire, CBE, having been created Baron Clement-Jones, of Clapham in the London Borough of Lambeth, for life by Letters Patent dated in the afternoon of 17th July 1998, was introduced between the Baroness Hamwee and the Lord Razzall, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

2. Lord Mackenzie of Framwellgate—Brian Mackenzie Esquire, OBE, having been created Baron Mackenzie of Framwellgate, of Durham in the County of Durham, for life by Letters Patent dated in the forenoon of 17th July 1998, was introduced between the Lord Dormand of Easington and the Baroness Hilton of Eggardon, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and subscribed the solemn affirmation pursuant to statute.

3. Lord Lovat—Simon Lord Lovat sat first in Parliament after the death of his grandfather, Simon Christopher Joseph Lord Lovat, having first taken and subscribed the oath pursuant to statute.

Judicial Business

4. Dunbar Bank plc (Respondents) v. Nadeem and another (Petitioner) (lodged 17th July)— The petition of Zubaida Nadeem praying for leave to appeal was presented and referred to an Appeal Committee.

5. Ata and another (Petitioners) v. American Express Bank Limited (sued as American Express Bank Limited) (Respondents) (lodged 17th July)— The petition of Ali Abdel Ghani Ata and Sohair Hassan praying for leave to appeal was presented and referred to an Appeal Committee.

6. Zwebner and the Mortgage Corporation Limited (Respondents) and others v. Brooks & Co (a firm) (Petitioners)— The petition of Brooks & Co (a firm) praying for leave to appeal was presented and referred to an Appeal Committee.

7. Arrowsmith (Respondent) v. Beeston and others (Petitioners)— The petition of Dean Beeston and McLaren Foods Limited praying for leave to appeal was presented and referred to an Appeal Committee.

8. Jolley (Petitioner) v. London Borough of Sutton (Respondents)— The petition of Justin Edward Jolley praying for leave to appeal was presented and referred to an Appeal Committee.

9. Foskett (suing on his own behalf and on behalf of all other purchasers of plots of land at Mount Eden, Herrado do Cerro Alto Diogo, Martins, Algarve, Portugal) (Original Appellant and Cross-Respondent) v. McKeown (Original Respondent) and others (A.P.) (Original Respondents and Cross-Appellants)— The original appeal and the cross-appeal were set down for hearing and referred to an Appellate Committee.

10. Vehicle Inspectorate (Respondents) v. Nuttall (Appellant) (On Appeal from a Divisional Court of the Queen’s Bench Division)—The appeal was set down for hearing and referred to an Appellate Committee.

11. Alfred McAlpine Construction Limited (Appellants) v. Panatown Limited (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 3rd August next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

12. Spencer (Respondent) v. Spencer (Petitioner)— Upon application by the petitioner (the agents for the respondent consenting thereto), it was ordered that the petition be withdrawn and that there be no order as to costs.

Papers

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

    1. Millennium Bug—Government response to the 2nd Report of the House of Commons Science and Technology Committee Report on the Year 2000-Computer Compliance;       (3944)

    2. Transport—

    (i) A New Deal for Transport: Better for Everyone: Government proposals;      (3950)

    (ii) Government response to the 3rd Report of the House of Commons Environment, Transport and Regional Affairs Committee on the Proposed Strategic Rail Authority and Railway Regulation: A New Deal for Railways.      (4024)

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

    1. (i)      Merchant Shipping (Co-operation with Search and Rescue Services) Regulations 1998—      (1692)

    (ii) Merchant Shipping (Distress Messages) Regulations 1998—      (1691)

    laid under the Merchant Shipping Act 1995;

    2. Housing Benefit (General) Amendment Regulations 1998, laid under the Social Security Contributions and Benefits Act 1992;      (1732)

    3. Education (Grants for Education Support and Training) (England) Regulations 1998 (Amendment) Regulations 1998, laid under the Education Act 1996;      (1741)

    4. Protection of Wrecks (Designation No. 2) Order 1984 (Amendment) Order 1998, laid under the Protection of Wrecks Act 1973;      (1746)

    5. National Assistance (Assessment of Resources) (Amendment No. 2) Regulations 1998, laid under the National Assistance Act 1948;      (1730)

    6. Financial Markets and Insolvency Regulations 1998, laid under the Companies Act 1989.      (1748)

15. 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, together with the Report of the Comptroller and Auditor General:

    (i) Coastguard Agency—

    (ii) Marine Safety Agency—

    (iii) Ministry of Defence Police Chief Constable—

    laid under the Exchequer and Audit Departments Act 1921;

    2. Report and Accounts for January 1997 to March 1998 of the Criminal Cases Review Commission, together with the Report of the Comptroller and Auditor General, laid under the Criminal Appeal Act 1995;

    3. Report and Accounts for 1997-98 of the Northern Ireland Health & Social Services Estates Agency, together with the Report of the Comptroller and Auditor General for Northern Ireland, laid under the Exchequer and Audit (Northern Ireland) Act 1921;

    4. Report and Accounts for 1997-98 of the Gaelic Broadcasting Committee, laid under the Broadcasting Act 1990;

    5. Report and Accounts for 1997-98 of Highlands and Islands Enterprise, together with the Report of the Comptroller and Auditor General, laid under the Enterprise and New Towns (Scotland) Act 1990;

    6. Accounts for 1997-98 of the Funding Agency for Schools, together with the Report of the Comptroller and Auditor General, laid under the Funding Agency for Schools Act 1996;

    7. Report and Accounts for 1997-98 of the Queen Elizabeth II Conference Centre, together with the Report of the Comptroller and Auditor General, laid under the Government Trading Funds Act 1973;

    8. Accounts for 1997-98 of Scottish Homes, together with the Report of the Comptroller and Auditor General, laid under the Housing (Scotland) Act 1988;

    9. Report and Accounts for 1997-98 of the Cardiff Bay Development Corporation, laid under the Local Government, Planning and Land Act 1980;

    10. Report for 1997-98 of the Countryside Council for Wales, laid under the Environmental Protection Act 1990;

    11. Report and Accounts for 1997-98 of the Welsh Language Board, together with the Report of the Comptroller and Auditor General, laid under the Welsh Language Act 1993.

Select Committee Report

16. Liaison—The 2nd Report from the Select Committee was made; it was ordered that the Report be printed. (HL Paper 133)

Public Business

17. Statute Law (Repeals) Bill [HL]— The bill was read a third time and passed and sent to the Commons.

18. Sexual Orientation Discrimination Bill [HL]— The bill was read a third time and passed and sent to the Commons.

19. National Minimum Wage Bill—The report was received; an amendment was agreed to (see division list); amendments were moved and (by leave of the House) withdrawn; further consideration on report was adjourned.

20. Guardsmen Fisher and Wright—It was moved by the Lord Campbell of Alloway to resolve, That an Humble Address be presented to Her Majesty praying that Her Majesty should exercise the Prerogative of Mercy to release Guardsmen Fisher and Wright from mandatory life imprisonment in exceptional circumstances as other available mechanisms would unduly delay their release; after debate, the motion was agreed to and it was ordered that the Address by presented to Her Majesty by the Lords with White Staves.

21. National Minimum Wage Bill—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; it was ordered that the bill be reprinted as amended. (HL Bill 148)

The House was adjourned at sixteen minutes before eleven o’clock

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 21 july 1998