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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 23° Julii 1998

The House met at two o’clock.

PRAYERS were read by the Lord Bishop of Exeter.

Judicial Business

1. Regina v. Secretary of State for the Home Department (Respondent) ex parte Stafford (A.P.) (Appellant)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 26th November 1997 be affirmed and the appeal dismissed; and that there be no order as to costs save that the costs of the appellant be taxed in accordance with the Legal Aid Act 1988.

2. Regina v. London Borough of Harrow (Appellants) ex parte Fahia (A.P.) (Respondent)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 7th March 1997 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the respondent be taxed in accordance with the Legal Aid Act 1988.

3. Walker (Her Majesty’s Inspector of Taxes) (Respondent) v. Centaur Clothes Group Limited (Petitioners)— The petition of the Centaur Clothes Group Limited praying for leave to appeal was presented and referred to an Appeal Committee.

4. W 1-6 (Respondents) v. Essex County Council and another (Petitioners)— The petition of Essex County Council and Anthony Golden praying for leave to present an appeal notwithstanding that the time limited by Standing Order I has expired was presented and referred to an Appeal Committee.

5. Appeal Committee—The following Orders were made pursuant to the 80th Report:

    Scarborough Building Society (Respondents) v. Howes Percival (a firm) (Petitioners)— That the petition be referred for hearing.

    Carmichael and another (Respondents) v. National Power Plc (Petitioners)— That leave to appeal be given, and that the petition of appeal be lodged by 6th August next.

6. Appeal Committee—The following Orders were made pursuant to the 81st Report:

    West Bromwich Building Society (Petitioners) v. Mander Hadley (Respondents)— That leave to appeal be given, and that the petition of appeal be lodged by 6th August next.

    Dawson (Petitioner) v. Wearmouth (Respondent)— That leave to appeal be given, and that the petition of appeal be lodged by 6th August next.

7. Appeal Committee—The 89th Report was made; the Appeal Committee reported that they had met and had heard Counsel; the Report was agreed to and the following Orders were made:

    Harries (A.P.) (Petitioner) v. Barclays Bank plc (Respondents)— That leave to appeal be given, and that the petition of appeal be lodged by 6th August next.

    Waters (Petitioner) v. Commissioner of Police for the Metropolis (Respondent)— That leave to appeal be given, and that the petition of appeal be lodged by 6th August next.

8. Appeal Committee—The 90th Report from the Appeal Committee was agreed to and the following Order was made:

    Banque Financière de la Cité (Appellants) v. Parc (Battersea) Limited and others (Respondents)— That the petition of the respondents, praying that the Judgment of the House of 26th February 1998 be amended, be agreed to; and that the said Judgment be amended, leaving out the words from (“aside”) and inserting (“and that the declaration in the Order of Mr Justice Robert Walker of the 1st day of December 1994 be, and the same is hereby, Restored save that after the words “entitled to” there be inserted the words “be treated as against the Second Defendant as if it had” and that for the words “(a) the sum of £10,097,945.20 together with interest thereon from the 28th day of September 1990 until payment at the rate or rates from time to time chargeable under the loan made available by RTB to the First Defendant pursuant to a facility letter dated the 30th day of September 1988 or as would have been chargeable under the said loan had the same not been repaid and (b) such of the Plaintiff’s costs of the action as are hereinafter ordered to be paid by the Defendants” there be substituted the words “(a) the principal sum of DM 19,855,762.91 being the amount of the Plaintiff’s DM 30,000,000 loan to Mr Herzig less the sum of DM 10,144,237.09 repaid to the Plaintiff between the 15th day of January 1991 and the 15th day of July 1991 together with interest (1) on the said sum of DM 30,000,000 at the rate of (i) 1.25 % over the London Interbank offered rate for the period from the 28th day of September 1990 to the 28th day of November 1990; (ii) 2% per annum over the Plaintiff’s prevailing refinancing rate for the period from the 28th day of November 1990 to the 15th day of January 1991; (2) On such part of the said sum of DM 30,000,000 as was from time to time, and remains, unrepaid at the rate of 2% per annum over the Plaintiff’s prevailing refinancing rate for the period from the 15th day of January 1991 until payment; (b) a sum equal to 60% of the Plaintiff’s costs of the action.”: And it is further Ordered that paragraphs (1) and (2) of the Order made by consent contained on page 5 thereof and the order in paragraph 4 thereof be Restored: And it is further Ordered, That the register of Title No. TGL 10960 at HM Land Registry be Rectified forthwith by cancelling entries numbered 5 and 6 in the charges register of the said Title so as to delete therefrom all reference to the registered charge contained in the Debenture dated the 30th day of September 1988 (identified in entry numbered 5) as a charge subsisting over the freehold property situate at Battersea Wharf, Queenstown Road, London, SW11 registered under the said Title; and that the inhibition at entry numbered 9 in the charges register of the said Title against the charge registered at entry number 7 in the said register be deleted and vacated: And it is also further Ordered that the second respondents do pay, or cause to be paid, to the said appellants their costs in the Court of Appeal and the costs incurred by them in respect of the said appeal to this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties.”); and that the petition of the appellants praying that the said Judgment might be amended be disagreed to.

9. Appeal Committee—The 91st Report from the Appeal Committee was agreed to and the following Order was made:

    W 1-6 (Respondents) v. Essex County Council and another (Petitioners)— That 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 6th August next.

The House was adjourned during pleasure.

The House was resumed.

10. Lord Gretton—John Lysander Lord Gretton sat first in Parliament after the death of his father, John Hendrik Lord Gretton, having first taken and subscribed the oath pursuant to statute.

11. Lord Craigmyle—Thomas Columba Lord Craigmyle sat first in Parliament after the death of his father, Thomas Donald Mackay Lord Craigmyle, having first taken and subscribed the oath pursuant to statute.

Papers

12. Instrument withdrawn—The following instrument, laid before the House on 9th July, was withdrawn:

    Draft Health and Safety at Work (Amendment) (Northern Ireland) Order 1998.

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

    1. British Council—Report and Accounts for 1997-98 of the British Council, together with the Report of the Comptroller and Auditor General;      (—)

    2. Social Security—Government reply to the 4th Report of the House of Commons Social Security Committee on Disability Living Allowance;      (4007)

    3. Security Services—Report for 1997 of the Commissioner appointed under the Security Service Act 1989;      (4002)

    4. Intelligence Services—Report for 1997 of the Commissioner appointed under the Intelligence Services Act 1994;      (3975)

    5. Interception of Communications—Report for 1997 of the Commissioner appointed under the Interception of Communications Act 1985;      (4001)

    6. Defence—Ministry of Defence Minute about a liability in relation to the Navy, Army and Air Force Institutes.      (—)

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

    Draft Health and Safety at Work (Amendment) (Northern Ireland) Order 1998.

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

    1. Restriction of Liberty Order (Scotland) Regulations 1998, laid under the Criminal Procedure (Scotland) Act 1995;      (1802)

    2. Environmental Assessment (Forestry) Regulations 1998, laid under the European Communities Act 1972.      (1731)

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

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

    (i) Wilton Park—

    (ii) Scottish Agricultural Science Agency—

    (iii) Scottish Office Pensions Agency—

    (iv) Queen Victoria School—

    (v) Ministry of Defence Pay and Personnel Agency—

    (vi) Royal Air Force Personnel Management Agency—

    (vii) Employment Service—

    (viii) Forensic Science Service—

    (ix) Northern Ireland Office Industrial Research and Technology Unit—

    (x) Royal Parks Agency—

    (xi) Historic Royal Palaces—

    (xii) NHS Estates—

    (xiii) Radiocommunications Agency—

    laid under the Exchequer and Audit Departments Act 1921;

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

    (i) Driving Standards Agency—

    (ii) Medicines Control Agency—

    (iii) Vehicle Inspectorate—

    laid under the Government Trading Funds Act 1973;

    3. (i)      Report for 1997-98 of the Arts Council of England—

          (ii)      Accounts for 1997-98 of the Scottish Arts Council National Lottery Distribution Fund, together with the Report of the Comptroller and Auditor General—

    laid under the National Lottery etc. Act 1993;

    4. (i)      Report and Accounts for 1997-98 of Driver and Vehicle Licensing Northern Ireland—

          (ii)      Accounts for 1997-98 of the Public Record Office for Northern Ireland—

    together with the Reports of the Comptroller and Auditor General, laid under the Exchequer and Audit (Northern Ireland) Act 1921;

    5. Report for 1997-98 of the Firearms Consultative Committee, laid under the Firearms (Amendment) Act 1988;

    6. Review and Accounts for 1997-98 of the Housing Corporation, laid under the Housing Associations Act 1985;

    7. Report for 1997-98 of the National Gallery, laid under the Museums and Galleries Act 1992;

    8. Report for 1997-98 of the Crown Prosecution Service, laid under the Prosecution of Offences Act 1985;

    9. Report for 1997-98 by the Department of Trade and Industry on section 5 of the European Communities Act 1972 and sections 1, 3 and 4 of the Customs and Excise Duties (General Reliefs) Act 1979, laid under those Acts;

    10. Accounts for 1997-98 of the Land Authority for Wales, together with the Report of the Comptroller and Auditor General, laid under the Local Government, Planning and Land Act 1980;

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

    12. Accounts for 1997-98 of the Countryside Council for Wales, together with the Report of the Comptroller and Auditor General, laid under the Environmental Protection Act 1990;

    13. Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1998 Partial Revocation Order 1998, laid under the Food and Environment Protection Act 1985.      (1801)

Private Business

17. City of Westminster Bill [HL]— The bill was reported from the Unopposed Bill Committee with amendments.

18. Tamar Bridge Bill—It was moved by the Baroness Fookes that the bill be now read a third time; the motion was agreed to; then the bill was passed and returned to the Commons with amendments.

Public Business

19. Government of Wales Bill—The bill was returned from the Commons with one amendment agreed to with an amendment, with certain amendments disagreed to with reasons for such disagreements, and with the remaining amendments agreed to; the Commons amendment and reasons were ordered to be printed. (HL Bill 149)

20. 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; amendments were agreed to; the House was resumed.

21. Conditional Fee Agreements Order 1998—It was moved by the Lord Chancellor that the draft Order laid before the House on 16th July be approved; then it was moved by the Lord Ackner, as an amendment thereto, to leave out from (“That”) to end and insert (“this House calls on Her Majesty’s Government to withdraw the draft Conditional Fee Agreements Order 1998 and re-lay it in amended form so that the maximum amount payable under a conditional fee agreement expressed in percentage terms in relation to the amount of any sums which may be recovered shall not exceed 25 per cent.”); after debate, the amendment was disagreed to (see division list 3); then the original motion was agreed to.

22. Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 2) Order 1998 (S.I. 1998/1582)— It was moved by the Lord Sewel that the Order laid before the House on 1st July be approved; the motion was agreed to.

23. Scotland Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; an amendment was disagreed to (see division list 4); the House was resumed after amendment 209B.

The House was adjourned at one minute before eleven o’clock

till tomorrow, eleven o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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© Parliamentary copyright 1998
Prepared: 24 july 1998