House of Lords Journal 232 (Session 1998-99) |
Lords Journals Contents Index Alphabetical list of Lords Minutes and Order Papers |
Monday 14 December 1998 The House met at half-past two o’clock. The following Lords Spiritual and Temporal were present: Irvine of Lairg, L.
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Crawley, B. Crickhowell, L. Crook, L. Cross, V. Cuckney, L. Cullen of Ashbourne, L. Darcy de Knayth, B. David, B. Davidson, V. Davies of Coity, L. Davies of Oldham, L. De Freyne, L. Dean of Beswick, L. Dean of Thornton-le-Fylde, B. Deedes, L. Denbigh, E. Denham, L. Denton of Wakefield, B. Desai, L. Dholakia, L. Dilhorne, V. Dixon, L. Dixon-Smith, L. Dormand of Easington, L. Drogheda, E. Dundee, E. Dundonald, E. Dunrossil, V. Eatwell, L. Effingham, E. Elibank, L. Elles, B. Elliott of Morpeth, L. Elton, L. Ely, Bp. Enniskillen, E. Evans of Parkside, L. Evans of Watford, L. Exmouth, V. Ezra, L. Falconer of Thoroton, L. Falkland, V. Farrington of Ribbleton, B. Fitt, L. Flather, B. Flowers, L. Fookes, B. Fraser of Carmyllie, L. Freyberg, L. Gainford, L. Gallacher, L. Gardner of Parkes, B. Garel-Jones, L. Geddes, L. Geraint, L. Gilmour of Craigmillar, L. Gisborough, L. Gladwyn, L. Glenarthur, L. Glentoran, L. Goodhart, L. Gordon of Strathblane, L. Goudie, B. Gould of Potternewton, B. Gowrie, E. Graham of Edmonton, L. Gray, L. Gray of Contin, L. Greenway, L. |
Grenfell, L. Grey, E. Hacking, L. Halsbury, E. Hankey, L. Harding of Petherton, L. Hardy of Wath, L. Harlech, L. Harris of Greenwich, L. Harris of Haringey, L. Haslam, L. Hayhoe, L. Henley, L. Higgins, L. Hilton of Eggardon, B. Hobhouse of Woodborough, L. Hogg of Cumbernauld, L. Holderness, L. Holme of Cheltenham, L. HolmPatrick, L. Hooper, B. Hooson, L. Hope of Craighead, L. Howell of Guildford, L. Howie of Troon, L. Hughes, L. Hughes of Woodside, L. Hunt of Kings Heath, L. Hunt of Tanworth, L. Hunt of Wirral, L. Huntingdon, E. Hutchinson of Lullington, L. Hylton, L. Hylton-Foster, B. Iddesleigh, E. Ilchester, E. Inglewood, L. Ironside, L. Islwyn, L. Iveagh, E. Janner of Braunstone, L. Jay of Paddington, B. Jeffreys, L. Jeger, B. Jenkin of Roding, L. Jenkins of Hillhead, L. Jenkins of Putney, L. Jopling, L. Judd, L. Kennedy of The Shaws, B. Kennet, L. Kimball, L. Kingsland, L. Kinloss, Ly. Kinnoull, E. Kintore, E. Kirkwood, L. Kitchener, E. Knight of Collingtree, B. Knollys, V. Laing of Dunphail, L. Laming, L. Lamont of Lerwick, L. Lane, L. Lane of Horsell, L. Lang of Monkton, L. Lauderdale, E. Lawrence, L. |
Layton, L. Leathers, V. Leigh, L. Lindsay, E. Listowel, E. Liverpool, E. Lloyd of Berwick, L. Lockwood, B. Lofthouse of Pontefract, L. Longford, E. Lovell-Davis, L. Lucas of Chilworth, L. Ludford, B. Luke, L. Lyell, L. Lytton, E. McColl of Dulwich, L. Macdonald of Tradeston, L. McFarlane of Llandaff, B. McIntosh of Haringey, L. Mackay of Ardbrecknish, L. Mackay of Clashfern, L. Mackenzie of Framwellgate, L. Macleod of Borve, B. McNair, L. McNally, L. Maddock, B. Mallalieu, B. Mancroft, L. Mar, C. Mar and Kellie, E. Marlesford, L. Marsh, L. Masham of Ilton, B. Mason of Barnsley, L. Mayhew of Twysden, L. Merlyn-Rees, L. Merrivale, L. Mersey, V. Meston, L. Miller of Hendon, B. Millett, L. Mills, V. Milner of Leeds, L. Milverton, L. Mishcon, L. Molloy, L. Molyneaux of Killead, L. Monkswell, L. Monson, L. Montgomery of Alamein, V. Moore of Wolvercote, L. Moran, L. Morris, L. Morris of Castle Morris, L. Morris of Manchester, L. Mottistone, L. Mountevans, L. Mowbray and Stourton, L. Moyne, L. Moynihan, L. Munster, E. Murray of Epping Forest, L. Napier and Ettrick, L. Napier of Magdâla, L. Naseby, L. Nathan, L. Nelson, E. Newall, L. Newby, L. |
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Newton of Braintree, L. Nicholson of Winterbourne, B. Nicol, B. Noel-Buxton, L. Nolan, L. Norrie, L. Northesk, E. Norton, L. Nunburnholme, L. O’Cathain, B. Ogmore, L. Oliver of Aylmerton, L. Orme, L. Oxford, Bp. Palmer, L. Palumbo, L. Paul, L. Pearson of Rannoch, L. Pender, L. Perry of Walton, L. Peston, L. Peyton of Yeovil, L. Phillips of Sudbury, L. Pilkington of Oxenford, L. Pitkeathley, B. Plant of Highfield, L. Platt of Writtle, B. Ponsonby of Shulbrede, L. Porter of Luddenham, L. Prys-Davies, L. Puttnam, L. Quinton, L. Quirk, L. Ramsay of Cartvale, B. Randall of St. Budeaux, L. Rathcavan, L. Rawlings, B. Razzall, L. Rea, L. Reading, M. Reay, L. Redesdale, L. Rees, L. Rendell of Babergh, B. Rennell, L. Renton, L. |
Renwick, L. Richard, L. Rix, L. Roberts of Conwy, L. Rodgers of Quarry Bank, L. Rosslyn, E. Rowallan, L. Ryder of Wensum, L. St. Davids, V. St. John of Bletso, L. St. John of Fawsley, L. Sandwich, E. Sawyer, L. Scotland of Asthal, B. Seccombe, B. Sefton of Garston, L. Selborne, E. Selkirk of Douglas, L. Shannon, E. Sharples, B. Shaw of Northstead, L. Shepherd, L. Sheppard of Liverpool, L. Shore of Stepney, L. Shuttleworth, L. Simon, V. Simon of Glaisdale, L. Skelmersdale, L. Skidelsky, L. Slim, V. Smith of Clifton, L. Smith of Gilmorehill, B. Soulsby of Swaffham Prior, L. Spens, L. Stallard, L. Steel of Aikwood, L. Stewartby, L. Stoddart of Swindon, L. Stone of Blackheath, L. Strabolgi, L. Strathcarron, L. Strathclyde, L. Sudeley, L. Swansea, L. Swinfen, L. |
Symons of Vernham Dean, B. Taverne, L. Taylor of Blackburn, L. Taylor of Warwick, L. Tebbit, L. Teviot, L. Teynham, L. Thomas of Gresford, L. Thomson of Monifieth, L. Thornton, B. Tope, L. Tordoff, L. Torrington, V. Trefgarne, L. Trenchard, V. Trumpington, B. Turner of Camden, B. Uddin, B. Varley, L. Vinson, L. Vivian, L. Waddington, L. Wade of Chorlton, L. Wakeham, L. Walker of Doncaster, L. Wallace of Saltaire, L. Warner, L. Warnock, B. Watson of Invergowrie, L. Waverley, V. Weatherill, L. Westbury, L. Whaddon, L. Wharton, B. Whitty, L. Wigoder, L. Wilberforce, L. Wilcox, B. Williams of Elvel, L. Williams of Mostyn, L. Winchilsea and Nottingham, E. Windlesham, L. Winston, L. Woolf, L. Young, B. Young of Old Scone, B. |
PRAYERS were read by the Lord Bishop of Ely.
Judicial Business
| 1. | Steed (Respondent) v. Home Office (Appellant) (England)—The appeal of the Home Office was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 25th January next. |
| 2. | White (A.P.) (Petitioner) v. White and the Motor Insurers Bureau (Respondents)—The petition of Brian White praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged. |
| 3. | Regina v. Governor of Her Majesty’s Prison Brockhill (Appellant) ex parte Evans (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee. |
| 4. | Jolley (A.P.) (Petitioner) v. London Borough of Sutton (Respondents)—The petitioner’s legal aid certificate was lodged. |
| 5. | Appeal Committee—The 8th 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: |
Regina v. Secretary of State for the Environment, Transport and the Regions (Respondent) ex parte Marson (Petitioner)—That leave to appeal be refused; and that the petitioner do pay
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to the respondent the costs of the petition, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.
Berkeley (Petitioner) v. Secretary of State for the Environment and others (Respondents)—That leave to appeal be given except on the costs issue, and that the petition of appeal be lodged by 28th December next.
General of Berne Insurance Company (Petitioners) v. Jardine Reinsurance Management Limited (formerly Jardine Thompson Graham (Underwriting Management) Limited) and others (Respondents)—That leave to appeal be refused; and that the petitioners do pay to the respondents the costs of the petition, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.
Lubbe and others (Respondents) v. Cape Industries plc (Petitioners)—That leave to appeal be refused; and that the petitioners do pay to the respondents the costs of the petition, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.
| 6. | Appeal Committee—The 9th Report from the Appeal Committee was agreed to and the following Orders were made: |
Regina v. Newbury District Council and others (Respondents) ex parte Chieveley Parish Council (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.
Scandecor Development AB (Petitioners) v. Scandecor Marketing AB and others (Respondents) and one other action—That the respondents be invited to lodge objections by 28th December next.
Holland (Petitioner) v. Lampen-Wolfe (Respondent)—That the respondent be invited to lodge objections by 28th December next.
Wade (Petitioner) v. Chief Constable of West Yorkshire Police and others (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.
Regina v. Powys County Council and another (Respondents) ex parte Hambidge (A.P.) (Petitioner)—That leave to appeal be refused; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c), and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties, and that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988.
Pritchard (Respondent) v. Cook (Petitioner)—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.
Papers
| 7. | Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table: |
| 1. | Voluntary Sector—Building Real Partnership: Compact Between Government And The Voluntary And Community Sector In Northern Ireland; |
| (4167) |
| 2. | Child Migrants—Government Response to the 3rd Report of the House of Commons Health Committee, Session 1997–98, on the Welfare of Former British Child Migrants. |
(4182)
| 8. | Statutory Instruments (Standing Order 68)—The following negative instruments, having been laid before the House on 11th December, were ordered to lie on the Table: |
| 1. (i) | Education (Government of New Schools on Transition to New Framework) Regulations— | (3097) |
| (ii) | North Southwark Education Action Zone Order 1998— | (3057) |
| (iii) | South Tyneside Education Action Zone Order 1998— | (3058) |
| (iv) | Birmingham (Aston and Nechells) Education Action Zone Order 1998— | (3066) |
| (v) | Birmingham (Kitts Green and Shard End) Education Action Zone Order 1998— | (3062) |
| (vi) | East Brighton Education Action Zone Order 1998— | (3054) |
| (vii) | Kingston upon Hull (Bransholme Area) Education Action Zone Order 1998— | (3063) |
| (viii) | East Basildon Education Action Zone Order 1998— | (3065) |
| (ix) | Plymouth Education Action Zone Order 1998— | (3060) |
| (x) | North East Sheffield Education Action Zone Order 1998— | (3059) |
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| (xi) | Leigh Education Action Zone Order 1998— | (3056) |
| (xii) | Thetford Education Action Zone Order 1998— | (3055) |
| (xiii) | Halifax Education Action Zone Order 1998— | (3064) |
| (xiv) | Nottingham (Bulwell) Education Action Zone Order 1998— | (3061) |
| laid under the School Standards and Framework Act 1998; |
| 2. | Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 1998, laid under the Medicines Act 1968; |
| (3085) |
| 3. (i) | Medicines for Human Use (Marketing Authorisations Etc.) Amendment Regulations 1998— | (3105) |
| (ii) | Friendly Societies (Insurance Business) (Amendment) Regulations 1998— | (3034) |
| laid under the laid under the European Communities Act 1972; |
| 4. | Afan College (Dissolution) Order 1998, laid under the Further and Higher Education Act 1992; |
| (2967) |
| 5. | Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 1998, laid under the Crime and Disorder Act 1998; |
| (3115) |
| 6. | Register of Sasines (Registers Direct) Regulations 1998, laid under the Register of Sasines Act 1987; |
| (3099) |
| 7. | Land Registration (Scotland) Amendment Rules 1998, laid under the Land Registration (Scotland) Act 1979; |
| (3100) |
| 8. | Local Government Officers (Political Restrictions) Amendment Regulations 1998, laid under the Local Government and Housing Act 1989; |
| (3116) |
| 9. (i) | Civil Aviation (Route Charges for Navigation Services) (Second Amendment) Regulations 1998— | (2999) |
| (ii) | Civil Aviation (Joint Financing) (Amendment) Regulations 1998— | (3000) |
| laid under the Civil Aviation Act 1982; |
| 10. (i) | Road Vehicles (Authorised Weight) Regulations 1998— | (3111) |
| (ii) | Road Vehicles (Construction and Use) (Amendment) (No. 7) Regulations 1998— | (3112) |
| (iii) | Goods Vehicles (Plating and Testing) (Amendment) (No. 2) Regulations 1998— | (3113) |
| laid under the Road Traffic Act 1988; |
| 11. | Revenue Support Grant (Specified Bodies) (Amendment) Regulations 1998, laid under the Local Government Finance Act 1988; |
| (2995) |
| 12. | General Optical Council (Membership) Order of Council 1998, laid under the Opticians Act 1989. |
| (3117) |
| 9. | Deregulation—The following order was laid before the House for approval by resolution under section 1(4) of the Deregulation and Contracting Out Act 1994 and referred to the Delegated Powers and Deregulation Committee: |
Draft Deregulation (Weights and Measures) Order 1999.
| 10. | Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: |
| 1. | Social Security (Claims and Payments) Amendment (No. 2) Regulations 1998, laid under the Social Security Administration Act 1992; |
| (3039) |
| 2. | Prosecution of Offences (Custody Time Limits) (Modification) Regulations 1998, laid under the Prosecution of Offences Act 1985; |
| (3037) |
| 3. | Magistrates’ Courts Committees (Avon and Somerset) Amalgamation Order 1998, laid under the Justices of the Peace Act 1997; |
| (3133) |
| 4. | Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) Regulations 1998, laid under the Local Government Finance Act 1988. |
| (3089) |
Public Business
| 11. | Liaison Committee—It was moved by the Chairman of Committees that a Select Committee be appointed to advise the House on the resources required for select committee work and to allocate resources between select committees; to review the select committee work of the House; to consider requests for ad hoc committees and report to the House with recommendations; to ensure effective co-ordination between the two Houses; and to consider the availability of Lords to serve on committees; |
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That, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee:
| L. Allen of Abbeydale L. Clinton-Davis B. Jay of Paddington L. Kimball L. Morris of Castle Morris | L. Rodgers of Quarry Bank L. Strathclyde L. Weatherill L. Wigoder B. Young; |
That the Committee have leave to report from time to time;
That the Committee have power to appoint specialist advisers;
the motion was agreed to.
| 12. | Standing Orders (Private Bills)—It was moved by the Chairman of Committees that a Select Committee on the Standing Orders relating to private bills be appointed and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee: |
| V. Bridgeman V. Falkland L. Gallacher V. Hood | E. Kinnoull E. Lloyd-George of Dwyfor L. Monkswell; |
the motion was agreed to.
| 13. | Science and Technology—It was moved by the Chairman of Committees, on behalf of the Committee of Selection, that the Lord Quirk be appointed a member of the Select Committee in the place of the Lord Phillips of Ellesmere; the motion was agreed to. |
| 14. | Access to Justice Bill [HL]—It was moved by the Lord Chancellor 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. |
| 15. | Town and Country Planning (Minerals) (Scotland) Regulations 1998—It was moved by the Lord Macdonald of Tradeston that the Order laid before the House on 25th November be approved; after debate, the motion was agreed to. |
| 16. | Town and Country Planning (Compensation for Restrictions on Mineral Working and Mineral Waste depositing) (Scotland) Regulations 1998—It was moved by the Lord Macdonald of Tradeston that the Regulations laid before the House on 25th November be approved; the motion was agreed to. |
| 17. | Functions of Traffic Wardens (Scotland) Order 1998—It was moved by the Lord Macdonald of Tradeston that the draft Order laid before the House on 5th November be approved; after debate, the motion was agreed to. |
| 18. | NATO—The Lord Kennet asked Her Majesty’s Government to what extent they think NATO actions “out of area” must be in accordance with United Nations and Organisation for Security and Co-operation in Europe resolutions and international law; after debate, the question was answered by the Baroness Symons of Vernham Dean. |
The House was adjourned at three minutes past eleven o’clock
till tomorrow, half-past two o’clock.