House of Lords Journal 232 (Session 1998-99)


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Tuesday 12 January 1999

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

The following Lords Spiritual and Temporal were present:

Irvine of Lairg, L.
(Lord Chancellor)

Aberdare, L.
Ackner, L.
Acton, L.
Addington, L.
Addison, V.
Ahmed, L.
Ailesbury, M.
Ailsa, M.
Alderdice, L.
Aldington, L.
Alexander of Tunis, E.
Alexander of Weedon, L.
Allen of Abbeydale, L.
Alli, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St. Johns, B.
Annaly, L.
Annan, L.
Archer of Sandwell, L.
Arran, E.
Ashbourne, L.
Ashley of Stoke, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Balfour of Inchrye, L.
Barber, L.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Belhaven and Stenton, L.
Beloff, L.
Berkeley, L.
Biddulph, L.
Biffen, L.
Birdwood, L.
Blaker, L.
Blatch, B.
Blease, L.
Blyth, L.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Brentford, V.
Bridgeman, V.
Bridges, L.
Brightman, L.
Brigstocke, B.
Broadbridge, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Bruntisfield, L.
Buccleuch and Queensberry, D.
Burlison, L.
Burnham, L.
Burns, L.
Butterworth, L.
Byford, B.
Cadman, L.
Cairns, E.
Caithness, E.
Callaghan of Cardiff, L.
Calverley, L.
Campbell of Alloway, L.
Campbell of Croy, L.
Carlisle, E.
Carnarvon, E.
Carnegy of Lour, B.
Carrick, E.
Carter, L.
Castle of Blackburn, B.
Chadlington, L.
Chalfont, L.
Charteris of Amisfield, L.
Chesham, L.

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Christopher, L.
Clancarty, E.
Clanwilliam, E.
Clark of Kempston, L.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clement-Jones, L.
Clifford of Chudleigh, L.
Clinton, L.
Clinton-Davis, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Coleraine, L.
Colwyn, L.
Constantine of Stanmore, L.
Cooke of Islandreagh, L.
Courtown, E.
Cowdrey of Tonbridge, L.
Cox, B.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cross, V.
Cuckney, L.
Darcy de Knayth, B.
Davidson, V.
Davies, L.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Beswick, L.
Denbigh, E.
Denham, L.
Denton of Wakefield, B.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Dormand of Easington, L.
Downshire, M.
Dundee, E.
Eatwell, L.
Eccles of Moulton, B.
Elibank, L.
Ellenborough, L.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Evans of Watford, L.
Exmouth, V.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Ferrers, E.
Fitt, L.
Flather, B.
Fookes, B.
Fraser of Carmyllie, L.
Freyberg, L.
Gainford, L.
Gainsborough, E.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Geraint, L.
Gibson, L.
Gilmour of Craigmillar, L.
Gisborough, L.
Glanusk, L.
Glasgow, E.
Glenamara, L.
Glenarthur, L.
Glentoran, L.
Goff of Chieveley, L.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Grantchester, L.
Gray of Contin, L.
Greenway, L.
Gregson, L.
Grenfell, L.
Grey, E.
Hacking, L.
Halsbury, E.
Hamwee, B.
Hanningfield, L.
Hanworth, V.
Hardie, L.
Harding of Petherton, L.
Hardy of Wath, L.
Harlech, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harris of High Cross, L.
Harrowby, E.
Haskel, L.
Hayhoe, L.
Hayman, B.
Hayter, L.
Henley, L.
Hereford, Bp.
Hesketh, L.
Hilton of Eggardon, B.
Hobhouse of Woodborough, L.
Hoffmann, L.
Hogg, B.
Hogg of Cumbernauld, L.
Holderness, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
HolmPatrick, L.
Hooson, L.
Hope of Craighead, L.
Howe, E.
Howell of Guildford, L.
Howie of Troon, L.
Hoyle, L.
Hughes, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Huntingdon, E.
Hurd of Westwell, L.
Hutchinson of Lullington, L.
Hylton, L.
Hylton-Foster, B.
Inglewood, L.
Ironside, L.
Iveagh, E.
Janner of Braunstone, L.
Jauncey of Tullichettle, L.
Jay of Paddington, B.
Jeffreys, L.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Johnston of Rockport, L.
Jopling, L.
Judd, L.
Kenilworth, L.
Kennet, L.
Kilbracken, L.
Kimball, L.
Kingsland, L.
Kinloss, Ly.
Kinnoull, E.
Kintore, E.
Kirkhill, L.
Kirkwood, L.
Knight of Collingtree, B.
Knollys, V.
Laing of Dunphail, L.
Laming, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Lang of Monkton, L.
Lauderdale, E.
Lawrence, L.
Layton, L.
Leathers, V.
Leigh, L.
Lester of Herne Hill, L.
Lindsey and Abingdon, E.
Listowel, E.
Liverpool, E.
Lloyd-George of Dwyfor, E.
Lockwood, B.
Lofthouse of Pontefract, L.
Longford, E.
Lucas of Chilworth, L.
Ludford, B.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
McConnell, L.
Macfarlane of Bearsden, L.
McIntosh of Haringey, L.
Mackay of Ardbrecknish, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
Mackintosh of Halifax, V.
McNair, L.
McNally, L.
Maddock, B.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massereene and Ferrard, V.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Mersey, V.
Meston, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Milner of Leeds, L.
Milverton, L.
Molloy, L.
Molyneaux of Killead, L.
Monkswell, L.
Monson, L.
Montagu of Beaulieu, L.

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Monteagle of Brandon, L.
Montgomery of Alamein, V.
Morris, L.
Morris of Castle Morris, L.
Morris of Manchester, L.
Mountevans, L.
Mowbray and Stourton, L.
Moyne, L.
Moynihan, L.
Munster, E.
Mustill, L.
Napier and Ettrick, L.
Napier of Magdâla, L.
Nelson, E.
Newall, L.
Newton of Braintree, L.
Nickson, L.
Nicol, B.
Noel-Buxton, L.
Norrie, L.
Northbourne, L.
Northesk, E.
Norton, L.
Norton of Louth, L.
Nunburnholme, L.
O’Cathain, B.
Ogmore, L.
Oliver of Aylmerton, L.
Onslow of Woking, L.
Oxfuird, V.
Palmer, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Pender, L.
Perry of Southwark, B.
Perry of Walton, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Phillips of Worth Matravers, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plummer of St. Marylebone, L.
Ponsonby of Shulbrede, L.
Prys-Davies, L.
Puttnam, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rankeillour, L.
Rathcavan, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reading, M.
Reay, L.
Redesdale, L.
Renfrew of Kaimsthorn, L.
Renton, L.
Renwick, L.
Richard, L.
Ripon, Bp.
Rix, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rotherwick, L.
Rowallan, L.
Russell, E.
Ryder of Wensum, L.
Saatchi, L.
St. Davids, V.
St. John of Bletso, L.
St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sanderson of Bowden, L.
Sandford, L.
Sandwich, E.
Savile, L.
Sawyer, L.
Seccombe, B.
Sefton of Garston, L.
Selkirk of Douglas, L.
Selsdon, L.
Serota, B.
Shannon, E.
Sharp of Guildford, B.
Sharples, B.
Shaughnessy, L.
Shaw of Northstead, L.
Shepherd, L.
Sheppard of Liverpool, L.
Shore of Stepney, L.
Shrewsbury, E.
Simon, V.
Simon of Glaisdale, L.
Simon of Highbury, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Soulsby of Swaffham Prior, L.
Stallard, L.
Steel of Aikwood, L.
Stewartby, L.
Stodart of Leaston, L.
Stoddart of Swindon, L.
Stokes, L.
Stone of Blackheath, L.
Strabolgi, L.
Strafford, E.
Strange, B.
Strathcarron, L.
Strathclyde, L.
Strathcona and Mt. Royal, L.
Sudeley, L.
Swinfen, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Temple of Stowe, E.
Tenby, V.
Teviot, L.
Thomas of Gresford, L.
Thomas of Gwydir, L.
Thomson of Monifieth, L.
Thornton, B.
Thurlow, L.
Thurso, V.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trenchard, V.
Trumpington, B.
Turner of Camden, B.
Tweeddale, M.
Ullswater, V.
Vivian, L.
Wade of Chorlton, L.
Wakefield, Bp.
Wakeham, L.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Watson of Invergowrie, L.
Weatherill, L.
Wedderburn of Charlton, L.
Westbury, L.
Wharton, B.
Whitty, L.
Wilberforce, L.
Wilcox, B.
Williams of Mostyn, L.
Wise, L.
Wynford, L.
Young, B.
Young of Old Scone, B.

PRAYERS were read by the Lord Bishop of Wakefield.

1.Lord Phillips of Worth Matravers—The Right Honourable Sir Nicholas Addison Phillips, Knight, a Lord Justice of Appeal, having been appointed a Lord of Appeal in Ordinary and created Baron Phillips of Worth Matravers, of Belsize Park in the London Borough of Camden, for life by Letters Patent dated 12th January 1999 (see appendix 2), was introduced between the Lord Alexander of Weedon and the Lord Mustill, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

Judicial Business

2.Arthur J S Hall & Co (Petitioners) v. Simons (Respondent)—The petition of Arthur J S Hall & Co praying for leave to appeal was presented and referred to an Appeal Committee.

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3.Cockbone (Respondent) v. Atkinson Dacre and Slack (a firm) (Petitioners)—The petition of Atkinson Dacre and Slack (a firm) praying for leave to appeal was presented and referred to an Appeal Committee.
4.Barratt (Respondent) v. Ansell and others (trading as Woolf Seddon (a firm)) (Petitioners)—The petition of Anthony Ronald Louis Ansell, Robin Alan Austin, Harvey Philip Ingram, David Patrick Irving, Simon Andrew Gordon Ross, Anthony Maurice Seddon and Paul Ian Woolf (trading as Woolf Seddon (a firm)) praying for leave to appeal was presented and referred to an Appeal Committee.
5.Consorzio del Prosciutto di Parma (Petitioners) v. ASDA Stores Limited and others (Respondents)—The petition of Consorziodel Prosciutto di Parma praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
6.McDonald’s Corporation and others (Respondents) v. Steel and another (Petitioners)—The petition of Helen Marie Steel and David Morris praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.
7.Dawson (A.P.) (Appellant) v. Wearmouth (A.P.) (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee.
8.In re B (a minor) (A.P.) (Appellant)—The appeal was set down for hearing and referred to an Appellate Committee.
9.Dingley (A.P.) (Appellant) v. Chief Constable of Strathclyde Police (Respondent) (Scotland)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 24th February next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
10.Appeal Committee—The 12th Report from the Appeal Committee was agreed to and the following Order was made:

McDonald’s Corporation and others (Respondents) v. Steel and another (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.

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

Regina v. Bartle and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—

Regina v. Evans and another and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—

That the petitions of Amnesty International and others, Human Rights Watch and the Republic of Chile praying for leave to intervene in the appeals be referred for hearing.

Papers

12.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
 Special Hospitals—Report of the Committee of Inquiry into the Personality Disorder Unit, Ashworth Special Hospital—
Executive Summary;(4194–I)
Volume 1.(4194–II)
13.Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:

Education (Infant Class Sizes) (Grant) Regulations 1999, laid under the School Standards and Framework Act 1998.

(14)

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

Report and Accounts for 1997–98 of the Oil and Pipelines Agency, laid under the Oil and Pipelines Act 1985.

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Select Committee Report

15.Statutory Instruments—The 4th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:
 Open-Ended Investment Companies (Investment Companies with Variable Capital) (Fees) Regulations 1998 (S.I. 1998/3087);
 Companies (Fees) (Amendment) Regulations 1998 (S.I. 1998/3088);
 Police and Criminal Evidence Act 1984 (Codes of Practice No. 5) Order 1998;
 Draft Legal Aid (Prescribed Panels) Regulations 1998;

it was ordered that the Report be printed. (HL Paper 16)

Public Business

16.Procedure of the House—It was moved by the Chairman of Committees, on behalf of the Committee of Selection, that the Baroness Lockwood be appointed to serve as a member of the Select Committee in the place of the Baroness Rendell of Babergh; the motion was agreed to.
17.House of Lords’ Offices—It was moved by the Chairman of Committees that the First Report from the Select Committee (HL Paper 14) be agreed to; the motion was agreed to.
18.Youth Justice and Criminal Evidence Bill [HL]—It was moved by the Lord Williams of Mostyn that it be an instruction to the Committee of the Whole House to whom the Youth Justice and Criminal Evidence Bill [HL] has been committed that they consider the bill in the following order:
Clauses 1 to 13
Schedule 1
Clauses 14 to 47
Schedule 2
Clauses 48 to 62
Schedules 3 to 5
Clause 63;

the motion was agreed to.

19.Scrutiny of the Third Pillar (ECC Report)—It was moved by the Lord Kingsland that this House take note of the Report of the European Communities Committee on Enhancing Parliamentary Scrutiny of the Third Pillar (6th Report, Session 1997–98, HL Paper 25); after debate, the motion was agreed to.
20.Government of Wales Act 1998 (Housing) (Amendments) Order 1998—It was moved by the Lord Williams of Mostyn that the draft Order laid before the House on 26th November be approved; after debate, the motion was agreed to.
21.Commonwealth Development Corporation Bill [HL]—The bill was reported from a Grand Committee without amendment.
22.Violence on aircraft—The Lord Brabazon of Tara asked Her Majesty’s Government what further measures they propose to deal with crimes of violence on board aircraft; and how they intend to ensure that those found guilty of such crimes receive appropriate punishments; after debate, the question was answered by the Lord Whitty.
23.Alternatives to prison—The Earl of Longford asked Her Majesty’s Government, in view of their welcome for the 3rd report (Session 1997–98) of the House of Commons Home Affairs Committee recommending greater use of alternatives to prison, what steps they intend to take to give effect to the report; after debate, the question was answered by the Lord Williams of Mostyn.

The House was adjourned at five minutes before nine o’clock
till tomorrow, half-past two o’clock.


APPENDIX 1

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM) ON THE
COMMONWEALTH DEVELOPMENT CORPORATION [HL]

The Committee met at half-past three o’clock.

The Deputy Chairman of Committees (Lord Ampthill) was in the Chair.

Amendments were moved and (by leave of the Committee) withdrawn; it was ordered that the bill be reported without amendment.

The Committee was adjourned at twenty-eight minutes past four o’clock.


APPENDIX 2

ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all to whom these Presents shall come Greeting Whereas Our right trusty and well beloved Counsellor Anthony John Leslie Baron Lloyd of Berwick has resigned his Office of a Lord of Appeal in Ordinary and the same is now vacant Now Know Ye that We of our special grace have in

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pursuance of the Appellate Jurisdiction Act 1876 as amended by subsequent enactments nominated and appointed and by these Presents Do nominate and appoint Our right trusty and well beloved Counsellor Sir Nicholas Addison Phillips Knight one of Our Lords Justices of Appeal to be a Lord of Appeal in Ordinary by the style of Baron Phillips of Worth Matravers of Belsize Park in Our London Borough of Camden To hold the said Office so long as he shall well behave himself therein subject to the provisions in the said Act mentioned with all wages profits privileges rank and precedence whatsoever to the said Office belonging or in anywise appertaining and to hold the said style of Baron Phillips of Worth Matravers unto him the said Sir Nicholas Addison Phillips during his life

In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster the twelfth day of January in the forty-seventh year of Our Reign

BY THE QUEEN HERSELF