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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 22° Octobris 1998

The House met at two o’clock.

PRAYERS were read by the Lord Bishop of Blackburn.

Judicial Business

1. Clarke (A.P.) (Respondent) and others v. Kato, Smith and General Accident Fire and Life Assurance Corporation plc (Appellants)—

2. Cutter (A.P.) (Respondent) v. Eagle Star Insurance Company (Appellants)—

    (Conjoined appeals)—

    The Report from the Appellate Committee was agreed to; it was ordered and adjudged that, in the case of Clarke, the Order of the Court of Appeal of 29th November 1996 be set aside save for legal aid taxation; that paragraph 1 of the Order of Mr Assistant Recorder Goodchild of 20th July 1995 be reversed; that the preliminary issue be determined in favour of the appellants; and that there be no order for costs before Mr Assistant Recorder Goodchild; that, in the case of Cutter, the Order of the Court of Appeal of 22nd November 1996 be set aside and the Order of His Honour Deputy Judge Kee of 21st September 1995 be restored; and that the costs of the appellants in both appeals be paid out of the Legal Aid Fund in accordance with section 18 of the Legal Aid Act 1988, such orders to be suspended for four weeks to allow the Legal Aid Board to object if they wish; that the amounts 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 Respondents in this House be taxed in accordance with the Legal Aid Act 1988.

3. Appeal Committee—The following Orders were made pursuant to the 83rd Report:

    Berkeley (Petitioner) v. Secretary of State for the Environment and others (Respondents)— That the petition be referred for hearing.

    Regina v. Secretary of State for the Environment Transport and Regions (Respondent) ex parte Marson (Petitioner)— That the petition be referred for hearing.

4. Appeal Committee—The following Order was made pursuant to the 86th Report:

    Burridge (Respondent) v. London Borough of Harrow (Petitioners) and others—That leave to appeal be given, and that the petition of appeal be lodged by 5th November next.

The House was adjourned during pleasure.

The House was resumed.

5. Leave of absence—Leave of absence was granted to the Lord Chancellor for Tuesday 27th October.

Papers

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

    1. Voluntary Organisations—The Scottish Compact: relations between the Government and the voluntary sector in Scotland;      (4083)

    2. Environment—Government Response to the 20th Report of the Royal Commission on Environmental Pollution: Transport and the Environment - Developments Since 1994.       (4066)

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

    Draft Contracting Out (Functions in Relation to Insurance) Order 1998.

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

    1. Draft Charities (Seamen’s Hospital Society) Order 1998, laid under the Charities Act 1993;      (—)

    2. Disability Discrimination (Exemption for Small Employers) Order 1998, laid under the Disability Discrimination Act 1995.      (2618)

9. Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

    Report for 1997-98 of the National Lottery Charities Board, together with the Report of the Comptroller and Auditor General, laid under the National Lottery etc. Act 1993.

Private Business

10. London Local Authorities Bill [HL]— The Chairman of Committees reported that in accordance with Standing Order 121(2)(a) he had selected the following Lords to join him to form the Unopposed Bill Committee to consider the bill—

L. Broadbridge

L. Skelmersdale;

    it was ordered that the Committee do meet on Wednesday 11th November at half-past ten o’clock.

Public Business

11. Human Rights Bill [HL]— The bill was returned from the Commons agreed to with amendments and with a privilege amendment; it was ordered that the Commons amendments be printed. (HL Bill 157)

12. Scotland Bill—The report was received; amendments were disagreed to (see division lists 1, 3 and 4); amendments were moved and (by leave of the House) withdrawn; an amendment was agreed to (see division list 2); further amendments were agreed to; further consideration on report was adjourned.

13. Pesticides: taxation—The Lord Rotherwick asked Her Majesty’s Government what are their intentions for taxing pesticides, and what will be the implications of such a tax for farming and the countryside; after debate, the question was answered by the Baroness Farrington of Ribbleton.

The House was adjourned during pleasure.

The House was resumed.

14. Scotland Bill—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; further consideration on report was adjourned after amendment 100.

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

to Monday next, half-past two o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 23 october 1998