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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 Mercurii 7° Octobris 1998

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

PRAYERS were read by the Lord Bishop of Ely.

1. Lord Millett—The Right Honourable Sir Peter Julian Millett, Knight, a Lord Justice of Appeal, having been appointed a Lord of Appeal in Ordinary and created Baron Millett, of St Marylebone in the City of Westminster, for life by Letters Patent dated in the afternoon of 1st October 1998, was introduced between the Lord Browne-Wilkinson and the Lord Woolf, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

2. Lord Hobhouse of Woodborough—The Right Honourable Sir John Stewart Hobhouse, Knight, a Lord Justice of Appeal, having been appointed a Lord of Appeal in Ordinary and created Baron Hobhouse of Woodborough, of Woodborough in the County of Wiltshire, for life by Letters Patent dated in the forenoon of 1st October 1998, was introduced between the Lord Goff of Chieveley and the Lord Lloyd of Berwick, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

Judicial Business

3. In re Gilligan (Appellant) (application for a writ of Habeas Corpus) (England)— The appeal of John Joseph Gilligan was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 18th November next.

4. Lubbe and others (Respondents) v. Cape Industries plc (Petitioners) (lodged 27th August)— The petition of Cape plc praying for leave to appeal was presented and referred to an Appeal Committee.

5. Regina v. Secretary of State for the Home Department (Respondent) ex parte Ahmed (Petitioner) (lodged 28th August)— The petition of Mohammed Hussain Ahmed praying for leave to appeal was presented and referred to an Appeal Committee.

6. Wade (Petitioner) v. Chief Constable of West Yorkshire Police and others (Respondents) (lodged 28th August)— The petition of Karen Wade praying for leave to appeal was presented and referred to an Appeal Committee.

7. Regina v. Powys County Council and another (Respondents) ex parte Hambidge (A.P.) (Petitioner) (lodged 2nd September)— The petition of Jenny Diane Hambidge praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.

8. Morecroft Urquhart (Respondents) v. Dundon (Petitioner)— The petition of Martin Mathew Patrick Dundon 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. Regina v. Marylebone Magistrates’ Court and another (Respondents) ex parte Amdrell Limited (trading as ’Get Stuffed’) and others (Petitioners) (lodged 27th August)— The petition of Amdrell Limited (trading as ’Get Stuffed’), Robert Sclare and Pauline Sclare praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.

10. Law Debenture Trust Corporation plc (Petitioners) v. Ural Caspian Oil Corporation Limited and others (Respondents)— Upon application by the petitioners (the agents for the respondents consenting thereto), it was ordered that the petition be withdrawn and that there be no order as to costs.

11. Regina v. Royal Borough of Kensington and Chelsea (Appellants) ex parte Lawrie Plantation Services Limited (Respondents)— The appeal was set down for hearing and referred to an Appellate Committee.

12. Regina v. Oxfordshire County Council and others (Respondents) ex parte Sunningwell Parish Council (Appellants)— The appeal was set down for hearing and referred to an Appellate Committee.

13. Piglowska (A.P.) (Appellant) v. Piglowski (Respondent)— The appeal was set down for hearing and referred to an Appellate Committee.

14. Modahl (A.P.) (Appellant) v. British Athletic Federation Limited (Respondents)— The appeal was set down for hearing and referred to an Appellate Committee.

15. Murray and another (A.P.) (Appellants) v. Foyle Meats Limited (Respondents) (Northern Ireland)— The appeal was set down for hearing and referred to an Appellate Committee.

16. Nessa (A.P.) (Appellant) v. Chief Adjudication Officer and another (Respondents)— The appeal was set down for hearing and referred to an Appellate Committee.

17. Regina v. North Yorkshire County Council (Appellants) ex parte Brown and another (Respondents)— The appeal was set down for hearing and referred to an Appellate Committee.

18. Gregory (A.P.) (Appellant) v. Portsmouth City Council (Respondents)— The appeal was set down for hearing and referred to an Appellate Committee.

19. Alan Wibberley Building Limited (Respondents) v. Insley (A.P.) (Appellant)— The appeal was set down for hearing and referred to an Appellate Committee.

20. O’Neill and another (A.P.) (Respondents) v. Phillips and others (Appellants)— 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 4th November next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

21. Commissioners of Customs and Excise (Appellants) v. British Telecommunications Plc (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 4th November next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

22. Glasgow City Council and others (Respondents) v. Marshall and others (Appellants) (Scotland)— 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 18th November next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

23. Barrett and others (Appellants) v. Morgan (Respondent)— It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.

24. Regina v. Secretary of State for the Home Department (Respondent) ex parte Patel (A.P.) (Petitioner)— The petitioner’s legal aid certificate was lodged.

25. Appeal Committee—The following Order was made pursuant to the 84th Report:

    Knapp and Knapp (A.P.) (Petitioners) v. Ecclesiastical Insurance Group Plc and another (Respondents)— That the second respondent’s costs be paid out of the Legal Aid Fund in accordance with section 18 of the Legal Aid Act 1988, such order to be suspended until 9th June to enable the Legal Aid Board to object if they wish.

Papers

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

    1. Immigration Act 1971—Statement of changes in immigration rules, subject to annulment;      (4065)

    2. Social Security—Convention between the United Kingdom and Canada;      (4062)

    3. Police—Report for 1997(98 of Her Majesty’s Chief Inspector of Constabulary for Scotland;      (4054)

    4. Finance—Treasury Minute on the 41st, 46th and 48th to 56th Reports of the House of Commons Public Accounts Committee.      (4055)

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

    1. Cornwall and Isles of Scilly Health Authority (Transfers of Trust Property) Order 1998, laid under the National Health Service Act 1977;      (2460)

    2. Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations 1998, laid under the Merchant Shipping Act 1995;      (2411)

    3. Immigration (Transit Visa) (Amendment No. 3) Order 1998, laid under the Immigration (Carriers’ Liability) Act 1987;      (2483)

    4. Drinking Milk Regulations 1998, laid under the Food Safety Act 1990;      (2424)

    5. (i)      Late Payment of Commercial Debts (Interest) Act 1998 (Transitional Provisions) Regulations 1998—      (2481)

    (ii) Late Payment of Commercial Debts (Interest) (Legal Aid Exceptions) Order 1998—      (2482)

    laid under the Late Payment of Commercial Debts (Interest) Act 1998.

Public Business

28. Regional Development Agencies Bill—The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were disagreed to (see division lists 1 to 3); amendments were agreed to; the House was resumed and the bill was reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 154)

The House was adjourned at nine minutes before midnight

till tomorrow, three o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 8 october 1998