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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 Mercurii 29° Julii 1998

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

PRAYERS were read by the Lord Bishop of Chichester.

Judicial Business

1. Newlon Housing Trust (Appellants) v. Alsulaimen (A.P.) (Respondent) and another—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 16th January 1996 be set aside save for legal aid taxation and the Order of Judge Tibber of 6th June 1996 be restored; that the appellants be granted possession of Flat 3, 86 Hertford Road, London N9; that there be no order as to costs in the Court of Appeal and that the costs of the appellants in this House be paid out of the Legal Aid Fund in accordance with section 18 of the Legal Aid Act 1988, such order to be suspended for four weeks to allow the Legal Aid Board to object if they wish; that the amount of the costs in this House 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.

2. Lowsley and another (A.P.) (Respondents) v. Forbes (trading as LE Design Services) (A.P.) (Appellant)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the appeal on the first question be dismissed and the appeal on the second question be allowed; that the Order of the Court of Appeal of 21st May 1996 be affirmed save for that part concerning the question of interest in respect of which the Order of Mr Justice Tuckey of 29th September 1992 be restored; that the respondents do repay to the appellant the sum of £39,777.98 together with interest to be remitted for assessment to the Master if not agreed between the parties; that the Mareva injunction of 10th July 1992, the charging order of 27th September 1992 and the Order for Possession of 28th January 1994 be set aside; and that there be no order for costs in the Court of Appeal or in this House save that the costs of the parties in this House be taxed in accordance with the Legal Aid Act 1988.

3. In re Ismail (Appellant) (application for a writ of Habeas Corpus) (On appeal from a Divisional Court of the Queen’s Bench Division)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Divisional Court of 2nd July 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.

4. Director of Public Prosecutions (Appellant) v. Jackson (A.P.) (Respondent) (On appeal from a Divisional Court of the Queen’s Bench Division)—

5. Stanley (A.P.) (Appellant) v. Director of Public Prosecutions (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—

    (Conjoined appeals)—

    The Report from the Appellate Committee was agreed to; it was ordered and adjudged that, in the case of Jackson, the Order of the Divisional Court of 10th July 1997 be set aside save for legal aid taxation and that the appeal be allowed, but that the cause be not remitted to the Justices; that the point of law certified by the Divisional Court on 16th October 1997 be answered in the terms of the speech of the Lord Hutton; that, in the case of Stanley, the Order of the Divisional Court of 17th March 1997 be affirmed and the appeal dismissed; that the point of law certified by that Court on 14th August 1997 be answered in the terms of the speech of the Lord Hutton; and that there be no orders for costs save that the costs of the assisted parties be taxed in accordance with the Legal Aid Act 1988.

6. Kelly (Appellant) v. Northern Ireland Housing Executive (Respondents) (Northern Ireland)—

7. Loughran (Respondent) v. Northern Ireland Housing Executive (Appellants) (Northern Ireland)—

    (Conjoined appeals)—

    The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the appeal in Loughran be dismissed and the appeal in Kelly be allowed to the extent set out in the speech of the Lord Slynn of Hadley; that the Order of the Court of Appeal in Northern Ireland of 10th June 1997 be affirmed insofar as it concerns Mr Loughran and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties; that for the answers in the negative to questions (1), (2), (3), and (6) concerning Mrs Kelly there be substituted answers in the affirmative, that the answer to question (5) be affirmed and that, in the circumstances, question (4) does not call for an answer; and that the respondents do pay to the appellant Mrs Kelly her costs in the Court of Appeal in Northern Ireland and in this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties.

8. Royal Bank of Scotland (Respondents) v. Ezekiel (Petitioner)— The petition of Freddy Jacob Ezekiel praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

9. In re Nilsson (Petitioner) (application for a writ of Habeas Corpus)— The petition of Stig Karl-Eric Nilsson praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Administration of Justice Act 1960, was presented and referred to an Appeal Committee.

10. Credit Lyonnais Nederland NV (now known as Generale Bank Nederland NV) (Appellants) v. Export Credits Guarantee Department (Respondents)— The appeal was set down for hearing and referred to an Appellate Committee.

The House was adjourned during pleasure.

The House was resumed.

11. Lord Laming—Sir William Herbert Laming, Knight, CBE, having been created Baron Laming, of Tewing in the County of Hertfordshire, for life by Letters Patent dated in the forenoon of 27th July 1998, was introduced between the Lord Weatherill and the Baroness Pitkeathley, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

12. Lord Burns—Sir Terence Burns GCB, having been created Baron Burns, of Pitshanger in the London Borough of Ealing, for life by Letters Patent dated in the afternoon of 20th July 1998, was introduced between the Lord Simon of Highbury and the Lord Butler of Brockwell, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and subscribed the solemn affirmation pursuant to statute.

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. Monopolies and Mergers Commission—Report on the courses of conduct pursued by Birds Eye Wall’s Ltd in connection with the supply of wrapped ice cream;      (3971)

    2. Animals—Statistics for 1997 of scientific procedures on living animals in Great Britain;      (4025)

    3. Finance—Treasury Minute on the 39th and 40th Reports of the House of Commons Public Accounts Committee.      (4021)

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

    1. Humber Bridge (Debts) Order 1998, laid under the Humber Bridge (Debts) Act 1996;       (1797)

    2. Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998, laid under the Superannuation Act 1972;      (1831)

    3. Merchant Shipping (Liability of Shipowners and Others) (Rate of Interest) Order 1998, laid under the Merchant Shipping Act 1995;      (1795)

    4. Pensions Appeal Tribunals (Northern Ireland) (Amendment) Rules 1998, laid under the Pensions Appeal Tribunals Act 1943.      (—)

15. 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) National Weights and Measures Laboratory—

    (ii) Medical Devices Agency—

    (iii) NHS Pensions Agency—

    (iv) Army Personnel Centre—

    (v) Disposals Sales Agency—

    (vi) Historic Scotland (and Corporate Plan for 1998(99)—

    (vii) Northern Ireland Child Support Agency—

    (viii) Property Advisers to the Civil Service—

    (ix) Defence Analytical Services Agency—

    laid under the Exchequer and Audit Departments Act 1921;

    2. Reports for 1997(98 of the Keeper of Public Records on the work of the Public Record Office and the Advisory Council on Public Records, laid under the Public Records Act 1958;

    3. Accounts for 1997(98 of the Commissioner for the Rights of Trade Union Members, together with the Report of the Comptroller and Auditor General, laid under the Trade Union and Labour Relations (Consolidation) Act 1992;

    4. Accounts for 1997(98 of the Independent Television Commission Additional Payments and Financial Penalties by Licensees, together with the Report of the Comptroller and Auditor General, laid under the Broadcasting Act 1990;

    5. Accounts for 1997(98 of the following Lottery distribution funds, together with the Report of the Comptroller and Auditor General:

    (i) English Sports Council—

    (ii) Arts Council of England—

    (iii) Sports Council for Wales—

    laid under the National Lottery etc. Act 1993;

    6. Accounts for 1996 of the National Savings Investments Deposits, together with the Report of the Comptroller and Auditor General, laid under the Finance Act 1980;

    7. Accounts for 1996 of the National Savings Ordinary Deposits, together with the Report of the Comptroller and Auditor General, laid under the National Savings Bank Act 1971;

    8. Hertfordshire (Coroners’ Districts) (Amendment) Order 1998, laid under the Coroners Act 1988;      (1799)

    9. Friendly Societies Commission:

    (i) Report for 1997(98—

    (ii) Accounts for 1997(98, together with the Report of the Comptroller and Auditor General—

    laid under the laid under the Friendly Societies Act 1986;

    10. Report and Accounts for April to October 1997 of the Audit Commission, laid under the Local Government Finance Act 1982;

    11. Report for 1997(98 of the Office of the Rail Regulator, laid under the Railways Act 1993;

    12. Accounts for 1997(98 of the English National Board for Nursing, Midwifery and Health Visiting, together with the Report of the Comptroller and Auditor General, laid under the Nurses, Midwives and Health Visitors Act 1997;

    13. Report for 1997 of the Registrar General for Scotland, laid under the Registration of Births, Deaths and Marriages (Scotland) Act 1965;

    14. Accounts for 1997(98 of the Public Lending Right Central Fund, together with the Report of the Comptroller and Auditor General, laid under the Public Lending Right Act 1979;

    15. (i)      Accounts for 1997(98 of the Tate Gallery, together with the Report of the Comptroller and Auditor General—

    (ii) Report for 1997(98 of the National Portrait Gallery—

    (iii) Accounts for 1997(98 of the Victoria and Albert Museum, together with the Report of the Comptroller and Auditor General—

    laid under the laid under the Museums and Galleries Act 1992;

    16. Accounts for 1997(98 of the Scottish Higher Education Funding Council, together with the Report of the Comptroller and Auditor General, laid under the Further and Higher Education (Scotland) Act 1992;

    17. Report and Accounts for 1997(98 of the Northern Ireland Training and Employment Agency, together with the Report of the Comptroller and Auditor General for Northern Ireland, laid under the Exchequer and Audit Act (Northern Ireland) 1921;

    18. Report and Accounts for 1997(98 of Waltham Forest Housing Action Trust, laid under the Housing Act 1988;

    19. Report for 1997(98 of the National Disability Council, laid under the Disability Discrimination Act 1995;

    20. Report by the Lord Chairman of Committees and the Chairman of Ways and Means in the House of Commons on the Balloch Footbridge Provisional Order, laid under the Private Legislation Procedure (Scotland) Act 1936;

    21. Accounts for 1997(98 of the Development Commission, together with the Report of the Comptroller and Auditor General, laid under the Miscellaneous Financial Provisions Act 1983;

    22. Accounts for 1997(98 of the Building Societies Commission, together with the Report of the Comptroller and Auditor General, laid under the Building Societies Act 1986;

    23. Accounts for 1997(98 of the Royal Botanic Gardens, Kew, together with the Report of the Comptroller and Auditor General, laid under the National Heritage Act 1983;

    24. Report by the Independent Monitor appointed under the Asylum and Immigration Appeals Act 1993, laid under that Act.

Private Business

16. Lloyds TSB Bill [HL]— The bill was returned from the Commons agreed to.

Public Business

17. Energy Efficiency (No. 2) Bill [HL]— A bill to make further provision for energy efficiency was presented by the Lord Ezra, read a first time and ordered to be printed. (HL Bill 151)

18. Business of the House—It was moved by the Baroness Jay of Paddington that Standing Order 70 (Affirmative Instruments) be dispensed with to enable the motion to approve the draft Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 1998 to be taken tomorrow notwithstanding that no report from the Joint Committee on Statutory Instruments on the draft Order has been laid before the House; the motion was agreed to.

19. Liaison Committee—It was moved by the Chairman of Committees that the Second Report from the Select Committee (HL Paper 133) be agreed to; the motion was agreed to.

20. Pensions (Amendment) Bill [HL]— The bill was read a third time and passed and sent to the Commons.

21. Government of Wales Bill—The Commons reasons and amendment were considered; certain Lords amendments were not insisted on; a Commons amendment to a Lords amendment was agreed to; a motion not to insist on the remaining Lords amendment but to propose an amendment in lieu thereof was moved and (by leave of the House) withdrawn; then the Lords amendment was not insisted on.

22. National Minimum Wage Bill—The Commons reasons and amendment were considered; the Lords amendments were not insisted on; the Commons amendment consequential on a Lords amendment was agreed to.

23. Finance (No. 2) Bill—It was moved by the Lord McIntosh of Haringey that the bill be now read a second time; after debate, 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.

24. Special Immigration Appeals Commission (Procedure) Rules 1998—It was moved by the Lord Chancellor that the draft Rules laid before the House on 2nd July be approved; the motion was agreed to.

25. Criminal Appeal (Amendment) Bill [HL]— It was moved by the Lord Ackner 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.

The House was adjourned during pleasure.

The House was resumed.

26. Civil Procedure Rules—It was moved by the Lord Chancellor that this House take note of Her Majesty’s Government’s proposals for draft Civil Procedure Rules (contained in the document Access to Justice dated July 1998) as part of their proposals for civil justice reform; after debate, the motion was agreed to.

The House was adjourned at twelve minutes before ten o’clock

till tomorrow, three o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 30 july 1998