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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 26° Octobris 1998

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

PRAYERS were read by the Lord Bishop of Oxford.

1. Lord Haskins—Christopher Robin Haskins Esquire, having been created Baron Haskins, of Skidby in the County of the East Riding of Yorkshire, for life by Letters Patent dated in the afternoon of 25th July 1998, was introduced between the Baroness Amos and the Lord Hattersley, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and subscribed the solemn affirmation pursuant to statute.

2. Lord Harris of Haringey—Jonathan Toby Harris Esquire, having been created Baron Harris of Haringey, of Hornsey in the London Borough of Haringey, for life by Letters Patent dated 5th August 1998, was introduced between the Lord McIntosh of Haringey and the Lord Judd, 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 Swaythling—Charles Edgar Samuel Lord Swaythling sat first in Parliament after the death of his father, David Charles Samuel Lord Swaythling, having first taken and subscribed the oath pursuant to statute.

Judicial Business

4. Regina v. Secretary of State for the Home Department (Respondent) ex parte Patel (Appellant) (England)— The appeal of Idris Ibrahim Patel was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 7th December next.

5. Regina v. Secretary of State for the Home Department (Respondent) ex parte Coward (A.P.) (Petitioner) (lodged 9th October)— The petition of Eunice Coward praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.

6. Prince Jefri Bolkiah (Petitioner) v. KPMG (a firm) (Respondents)— The petition of Prince Jefri Bolkiah praying for leave to appeal was presented and referred to an Appeal Committee.

7. Evans (Petitioner) v. Motor Insurers’ Bureau (Respondents)— The petition of Samuel Sidney Evans praying for leave to appeal was presented and referred to an Appeal Committee.

8. Regina v. Her Majesty’s Coroner for Inner London South District (Respondent) ex parte Douglas-Williams (A.P.) (Petitioner) (lodged 23rd October)— The petition of Lisa Douglas-Williams praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.

9. Regina v. McKenna (Respondent) ex parte Governor of Her Majesty’s Prison Magilligan (Petitioner) (Northern Ireland)— The petition of the Governor of Her Majesty’s Prison Magilligan praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

10. Hoechst Celanese Corporation and others (Respondents) v. BP Chemicals Limited and others (Petitioners)— 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. Doak (A.P.) (Petitioner)— The petitioner’s legal aid certificate was lodged.

12. Appeal Committee—The 94th Report from the Appeal Committee was agreed to and the following Orders were made:

    Canada Trust Company (Acting in its capacity as Trustee of the Chrysler Canada Ltd’s Benefits Plan, the Chrysler Canada Ltd Master Trust Fund, The Chrysler Canada Ltd Non-Canadian Master Trust Fund and the Holmes Foundry Division Master Trust Fund) and others (Respondents) v. Stolzenberg and Gambazzi and others (Petitioners) and others—That the respondents be invited to lodge objections by 9th November next.

    IM Properties plc (Petitioners) v. Cape & Dalgleish (a firm) (Respondents)— That the respondents be invited to lodge objections by 9th November, and that the petition be referred for hearing.

    Hamptons Residential Limited (Respondents) v. Field (on his own behalf and on behalf of the members of syndicates numbered 113, 204, 210, 235, 279, 316, 322, 365, 456, 490, 650, 657, 702, 818, 821, 839, 989, 1048, 1069, 1095 and 1127 at Lloyds) and 24 others (Petitioners)— That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Memec PLC (Petitioners) v. Commissioners of Inland Revenue (Respondents)— That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Zwebner and the Mortgage Corporation Limited (Respondents) and others v. Brooks & Co (a firm) (Petitioners)— That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Arrowsmith (Respondent) v. Beeston and others (Petitioners)— That leave to appeal be refused; that the respondent be at liberty to apply for his costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

13. Appeal Committee—The 95th Report from the Appeal Committee was agreed to and the following Orders were made:

    Brophy and another (Respondents) v. Dunphys Chartered Surveyors (Petitioners)— That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    London Underground Limited (Petitioners) v. Edwards (Respondent)— That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Creska Limited (Respondents) v. London Borough of Hammersmith and Fulham (Petitioners)— That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Dunbar Bank plc (Respondents) v. Nadeem and another (Petitioner)— That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Jolley (Petitioner) v. London Borough of Sutton (Respondents)— That the respondents be invited to lodge objections by 9th November next.

    Lubbe and others (Respondents) v. Cape Industries plc (Petitioners)— That the respondents be invited to lodge objections by 9th November next.

14. Appeal Committee—The 96th Report from the Appeal Committee was agreed to and the following Orders were made:

    In re Debs (application for a writ of Habeas Corpus) (On Appeal from a Divisional Court of the Queen’s Bench Division)— That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 6.1(e) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Regina v. Doak (A.P.) (Petitioner)— That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.

    Regina v. Kelly (Petitioner)— That leave to appeal be refused.

    Regina v. Lindsay (Petitioner)— That leave to appeal be refused.

    In re Cuoghi (Petitioner) (application for writ of Habeas Corpus)— That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 6.1(e) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Regina v. Coombs and others (Petitioners)— That leave to appeal be refused.

    In re Nilsson (Petitioner) (application for a writ of Habeas Corpus)— That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 6.1(e) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Papers

15. Command Papers—The following papers, having been presented to the House by command of Her Majesty on 23rd October, were ordered to lie on the Table:

    1. Double Taxation—Convention between the United Kingdom and Estonia for the avoidance of double taxation and the prevention of fiscal evasion;       (4084)

    2. Contingent Liability—Department for International Development Minute on the Kuapa Kokoo Project;       (—)

    3. Pollution—1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter, 1972, together with an explanatory memorandum.      (4078)

16. Statutory Instrument (Standing Order 68)— The following negative instrument, having been laid before the House on 23rd October, was ordered to lie on the Table:

    Local Government Act 1988 (Defined Activities) (Exemption) (Leicester City Council) Order 1998, laid under the Local Government Act 1988.      (2550)

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

    1. Building Regulations (Amendment) Regulations 1998, laid under the Building Act 1984;      (2561)

    2. Civil Aviation (Canadian Navigation Services) Regulations 1998, laid under the Civil Aviation Act 1982;      (2575)

    3. Health Authorities (Membership and Procedure) Amendment Regulations 1998, laid under the National Health Service Act 1977;      (2621)

    4. (i)      Broadford Bay and Loch Ainort, Isle of Skye, Scallops Several Fishery Order 1998—      (2638)

    (ii) Loch Sligachan, Isle of Skye, Scallops Several Fishery Order 1998—      (2640)

    (iii) Scalpay Island, Isle of Skye, Scallops Several Fishery Order 1998—      (2639)

    laid under the Sea Fisheries (Shellfish) Act 1967.

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

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

    (i) National Museum of Science and Industry—

    (ii) The National Gallery—

    laid under the Museums and Galleries Act 1992;

    2. Accounts for 1997-98 of the Health and Safety Commission and the Health and Safety Executive, together with the Report of the Comptroller and Auditor General, laid under the Health and Safety at Work etc. Act 1974;

    3. Report for 1997-98 of the Residuary Body for Wales, laid under the Local Government (Wales) Act 1994;

    4. Accounts for 1997-98 of the National Museums and Galleries on Merseyside, together with the Report of the Comptroller and Auditor General, laid under the Merseyside Museums and Galleries Order 1986.

Public Business

19. Northern Ireland Bill—The House again resolved itself into a Committee upon the bill; amendments were agreed to; amendments were moved and (by leave of the Committee) withdrawn; the questions that certain clauses stand part were negatived; the House was resumed.

20. Housing in England—The Baroness Maddock asked Her Majesty’s Government what action they propose to take to improve the quality of the housing stock following the recent publication of the English House Condition Survey for 1996; after debate, the question was answered by the Lord Whitty.

The House was adjourned during pleasure.

The House was resumed.

21. Northern Ireland Bill—The House again resolved itself into a Committee upon the bill; amendments were agreed to; an amendment was moved and (by leave of the Committee) withdrawn; the House was resumed after Schedule 1 stood part.

The House was adjourned at eighteen minutes past ten o’clock

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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© Parliamentary copyright 1998
Prepared: 27 october 1998