House of Lords Journal 232 (Session 1998-99)


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Monday 26 April 1999

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

The following Lords Spiritual and Temporal were present:

Irvine of Lairg, L.
(Lord Chancellor)

Ackner, L.
Acton, L.
Addington, L.
Addison, V.
Ahmed, L.
Ailesbury, M.
Ailsa, M.
Alexander of Tunis, E.
Allen of Abbeydale, L.
Allenby of Megiddo, V.
Alli, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St. Johns, B.
Annaly, L.
Annan, L.
Archer of Sandwell, L.
Ashley of Stoke, L.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Banbury of Southam, L.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Belhaven and Stenton, L.
Berkeley, L.
Biddulph, L.
Biffen, L.
Birdwood, L.
Blackburn, Bp.
Blatch, B.
Blease, L.
Bledisloe, V.
Blyth, L.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bragg, L.
Brentford, V.
Bridgeman, V.
Brightman, L.
Brigstocke, B.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Buckinghamshire, E.

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Burlison, L.
Burnham, L.
Burns, L.
Buscombe, B.
Butler of Brockwell, L.
Butterfield, L.
Butterworth, L.
Byford, B.
Cadman, L.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.
Carlisle, E.
Carnegy of Lour, B.
Carnock, L.
Carrick, E.
Carter, L.
Chalker of Wallasey, B.
Chelmsford, V.
Chesham, L.
Christopher, L.
Clancarty, E.
Clanwilliam, E.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clement-Jones, L.
Clinton-Davis, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Coleraine, L.
Colville of Culross, V.
Colwyn, L.
Cope of Berkeley, L.
Cork and Orrery, E.
Courtown, E.
Cowdrey of Tonbridge, L.
Craig of Radley, L.
Craigavon, V.
Cranborne, V.
Crawley, B.
Crickhowell, L.
Croham, L.
Cross, V.
Darcy de Knayth, B.
David, B.
Davidson, V.
Davies of Coity, L.
Davies of Oldham, L.
De Freyne, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Denton of Wakefield, B.
Desai, L.
Dholakia, L.
Dilhorne, V.
Dixon, L.
Dixon-Smith, L.
Donegall, M.
Donoughue, L.
Dormand of Easington, L.
Dundee, E.
Dunleath, L.
Eden of Winton, L.
Effingham, E.
Elibank, L.
Ellenborough, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Ely, Bp.
Erroll, E.
Evans of Parkside, L.
Evans of Watford, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Ferrers, E.
Fitt, L.
Flather, B.
Fookes, B.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Gainsborough, E.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Geraint, L.
Gilbert, L.
Gladwin of Clee, L.
Glanusk, L.
Glenarthur, L.
Glentoran, L.
Goodhart, L.
Gordon of Strathblane, L.
Gormanston, V.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray of Contin, L.
Greenway, L.
Grenfell, L.
Grey, E.
Hacking, L.
Halsbury, E.
Hamwee, B.
Harding of Petherton, L.
Hardinge of Penshurst, L.
Harlech, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Haskel, L.
Haslam, L.
Hayman, B.
Hemphill, L.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Holderness, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
HolmPatrick, L.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howie of Troon, L.
Hoyle, L.
Hughes, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Hunt of Tanworth, L.
Hunt of Wirral, L.
Hurd of Westwell, L.
Hylton, L.
Hylton-Foster, B.
Ironside, L.
Islwyn, L.
Iveagh, E.
Jakobovits, L.
Janner of Braunstone, L.
Jeffreys, L.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Kennet, L.
Kimball, L.
Kingsland, L.
Kinloss, Ly.
Kinnoull, E.
Knight of Collingtree, B.
Knollys, V.
Laming, L.
Lane of Horsell, L.
Lang of Monkton, L.
Lauderdale, E.
Lawrence, L.
Lawson of Blaby, L.
Layton, L.
Leathers, V.
Leigh, L.
Lester of Herne Hill, L.
Liverpool, E.
Lloyd of Berwick, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Long, V.
Longford, E.
Lovell-Davis, L.
Lucas of Chilworth, L.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
McFarlane of Llandaff, B.
McIntosh of Haringey, L.
Mackay of Ardbrecknish, L.
Mackay of Clashfern, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
McNair, L.
McNally, L.
Maddock, B.
Marlesford, L.
Marsh, L.
Mason of Barnsley, L.
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.
Mishcon, L.
Molloy, L.
Molyneaux of Killead, L.
Monkswell, L.
Monro of Langholm, L.
Montagu of Beaulieu, L.
Montague of Oxford, L.
Montgomery of Alamein, V.
Moore of Wolvercote, L.
Moran, L.
Morris, L.
Morris of Castle Morris, L.
Morris of Manchester, L.
Mountevans, L.
Mowbray and Stourton, L.

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Moyne, L.
Moynihan, L.
Munster, E.
Murton of Lindisfarne, L.
Naseby, L.
Nathan, L.
Nelson, E.
Newall, L.
Newby, L.
Newton of Braintree, L.
Nickson, L.
Nicol, B.
Noel-Buxton, L.
Norfolk, D.
Norrie, L.
Northbourne, L.
Northesk, E.
Northfield, L.
Norton, L.
Nunburnholme, L.
O’Neill of Bengarve, B.
Oppenheim-Barnes, B.
Orme, L.
Oxford, Bp.
Palmer, L.
Park of Monmouth, B.
Paul, 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.
Porter of Luddenham, L.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rathcavan, L.
Rawlinson of Ewell, L.
Razzall, L.
Rea, L.
Redesdale, L.
Rees, L.
Rendell of Babergh, B.
Rennell, L.
Renwick, L.
Richard, L.
Richardson of Calow, B.
Rix, L.
Rodgers of Quarry Bank, L.
Rotherwick, L.
Rowallan, L.
Saint Albans, D.
St. Davids, V.
St. John of Bletso, L.
St. John of Fawsley, L.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Seccombe, B.
Sefton of Garston, L.
Shannon, E.
Sharples, B.
Shaughnessy, L.
Shaw of Northstead, L.
Shepherd, L.
Shore of Stepney, L.
Simon, V.
Simon of Glaisdale, L.
Simon of Highbury, L.
Skelmersdale, L.
Skidelsky, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Stallard, L.
Strabolgi, L.
Strange, B.
Strathcarron, L.
Strathclyde, L.
Sudeley, L.
Swansea, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taylor of Blackburn, L.
Tenby, V.
Teviot, L.
Thomas of Macclesfield, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Thurlow, L.
Tope, L.
Tordoff, L.
Torrington, V.
Trefgarne, L.
Trumpington, B.
Turner of Camden, B.
Tweeddale, M.
Uddin, B.
Ullswater, V.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Wakefield, Bp.
Wakeham, L.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Warnock, B.
Weatherill, L.
Westbury, L.
Wharton, B.
Whitty, L.
Wigoder, L.
Wilberforce, L.
Wilcox, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Williamson of Horton, L.
Winston, L.
Wise, L.
Wright of Richmond, L.
Young, B.

PRAYERS were read by the Lord Bishop of Blackburn.

Judicial Business

1.Regina v. Secretary of State for the Home Department (Petitioner) ex parte Gashi (Respondent)—The petition of the Secretary of State for the Home Department praying for leave to appeal was presented and referred to an Appeal Committee.
2.Hamilton (Respondent) v. Al Fayed (Petitioner)—The petition of Mohamed Al Fayed praying for leave to appeal was presented and referred to an Appeal Committee.
3.Designers Guild Limited (Petitioners) v. Russell Williams (Textiles) Limited (trading as Washington DC) (Respondents)—The petition of Designers Guild Limited praying for leave to appeal was presented and referred to an Appeal Committee.
4.Craig (Official Receiver and Liquidator of the Hinckley Island Hotel Limited) and others (Respondents) v. Spence and another (Petitioners)—The petition of Christine Anne Spence and Michael Peter Hicks 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 (lodged 7th July 1998).
5.London Borough of Islington (Respondents) v. Obasa (Petitioner)—The petition of Olubukunola Obasa 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 (lodged 27th July 1998).
6.Halfpenny (Respondent) v. IGE Medical Systems Limited (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee.

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7.Appeal Committee—The following Orders were made pursuant to the 25th Report:

Turkington and others (practising as McCartan Turkington Breen) (Respondents) v. Times Newspapers Limited (Petitioners) (Northern Ireland)—That leave to appeal be given, and that the petition of appeal be lodged by 10th May next.

Berezovsky (Respondent) v. Michaels and others (Petitioners)—That leave to appeal be given, and that the petition of appeal be lodged by 10th May next.

Glouchkov (Respondent) v. Michaels and others (Petitioners)—That leave to appeal be given, and that the petition of appeal be lodged by 10th May next.

8.Appeal Committee—The 27th Report from the Appeal Committee was agreed to and the following Orders were made:

Ultisol Transport Contractors Limited (Respondents) v. Bouygues Offshore SA, the Owners of the Barge ‘BOS 400’ (Petitioners) and others—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.

Caspian Basin Specialised Salvage Administration and others (Respondents) v. Bouygues Offshore SA, the Owners of the Barge ‘BOS 400’ (Petitioners) and others—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.

In re Allison (A.P.) (Petitioner) (application for a writ of Habeas Corpus)—That leave to appeal be refused and that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988.

In re Allison (A.P.) (Petitioner) (application for a writ of Habeas Corpus) (Second petition)—That leave to appeal be refused and that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988.

In re Hatton (A.P.) (Petitioner) (application for a writ of Habeas Corpus)—That leave to appeal be refused and that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988.

British Telecommunications plc (Petitioners) v. Nottinghamshire County Council (Respondents)—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.

University College London Hospitals NHS Trust (Respondents) v. UNISON (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.

Craig (Official Receiver and Liquidator of the Hinckley Island Hotel Limited) and others (Respondents) v. Spence 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.

London Borough of Islington (Respondents) v. Obasa (Petitioner)—That leave to appeal be refused.

Papers

9.Command Paper—The following paper, having been presented to the House by command of Her Majesty on 23rd April, was ordered to lie on the Table:

Double Taxation—Convention between the United Kingdom and Kazakhstan for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and Capital Gains.

(4326)

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

Draft European Communities (Definition of Treaties) (Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States and the United Mexican States) Order 1999.

11.Statutory Instruments (Standing Order 68)—The following negative instruments, having been laid before the House on 23rd April, were ordered to lie on the Table:
1.Air Navigation (Fourth Amendment) Order 1999, laid under the Civil Aviation Act 1982;
 (1123)
2. (i)Education (Chief Inspector of Schools in England) Order 1999—(1121)
(ii)Education (Inspectors of Schools in England) Order 1999—(1122)

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(iii)Education (Inspectors of Schools in Wales) (No. 2) Order 1999—(1129)
 laid under the School Inspections Act 1996;
3.Scottish Administration (Offices) Order 1999, laid under the Scotland Act 1998;
 (1127)
4.Local Government Act 1988 (Defined Activities) (Exemptions) (Aylesbury Vale District Council and Thanet District Council) Order 1999, laid under the Local Government Act 1988.
 (1185)
12.Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:

Education (Baseline Assessment) (Wales) Regulations 1999, laid under the Education Act 1997.

(1188)

13.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Royal Armories triennial report for 1996–99, laid under the National Heritage Act 1983;
2.Statement of remuneration paid to members of the British Waterways Board for 1998–99, laid under the Transport Act 1962.

Public Business

14.Tax Credits Bill—The House resolved itself into a Committee upon the bill; an amendment was moved and (by leave of the Committee) withdrawn; the House was resumed for statements; the House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed.
15.Central America—The Viscount Montgomery of Alamein asked Her Majesty’s Government what steps have been taken to facilitate economic recovery in the recently devastated republics of Central America; after debate, the question was answered by the Baroness Amos.
16.Tax Credits Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed after amendment 28.

The House was adjourned at twenty-seven minutes past eleven o’clock
till tomorrow, half-past two o’clock.