House of Lords Journal 232 (Session 1998-99)


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Monday 10 May 1999

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

The following Lords Spiritual and Temporal were present:

Aberdare, L.
Ackner, L.
Acton, L.
Addington, L.
Addison, V.
Ahmed, L.
Ailesbury, M.
Ailsa, M.
Alanbrooke, V.
Alderdice, L.
Aldington, L.
Alexander of Tunis, E.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St. Johns, B.
Annaly, L.
Annan, L.
Archer of Weston-Super-Mare, L.
Ashley of Stoke, L.
Astor, V.
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.
Beaverbrook, L.
Belhaven and Stenton, L.

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Berkeley, L.
Biddulph, L.
Biffen, L.
Birkett, L.
Blackstone, B.
Blatch, B.
Blease, L.
Blyth, L.
Boardman, L.
Borrie, L.
Boston, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bragg, L.
Brentford, V.
Bridgeman, V.
Bridges, L.
Brightman, L.
Brigstocke, B.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Bruntisfield, L.
Burlison, L.
Burnham, L.
Burns, L.
Butterworth, L.
Byford, B.
Cadman, L.
Campbell of Alloway, L.
Campbell of Croy, L.
Canterbury, Abp.
Carew, L.
Carlisle, E.
Carnegy of Lour, B.
Carrick, E.
Carter, L.
Cavendish of Furness, L.
Chadlington, L.
Chalfont, L.
Charteris of Amisfield, L.
Chesham, L.
Chorley, 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.
Colwyn, L.
Cope of Berkeley, L.
Courtown, E.
Cowdrey of Tonbridge, L.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cumberlege, B.
David, B.
Davidson, V.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Dearing, L.
Deedes, L.
Denbigh, E.
Denham, L.
Desai, L.
Devonport, V.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donegall, M.
Donoughue, L.
Dormand of Easington, L.
Drogheda, E.
Eatwell, L.
Eden of Winton, L.
Effingham, E.
Elibank, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erne, E.
Evans of Parkside, L.
Evans of Watford, L.
Exmouth, V.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Feldman, L.
Ferrers, E.
Fitt, L.
Flather, B.
Fookes, B.
Freeman, L.
Freyberg, L.
Gage, V.
Gainford, L.
Gardner of Parkes, B.
Geddes, L.
Geraint, L.
Gilbert, L.
Gladwin of Clee, L.
Glanusk, L.
Glenamara, L.
Glentoran, L.
Goodhart, L.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray, L.
Gray of Contin, L.
Gregson, L.
Grenfell, L.
Grey, E.
Hacking, L.
Halsbury, E.
Hamwee, B.
Hanworth, V.
Harding of Petherton, L.
Hardy of Wath, L.
Harlech, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Haskel, L.
Hayhoe, L.
Hemphill, L.
Henley, L.
Hogg of Cumbernauld, L.
Holderness, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
HolmPatrick, L.
Hooson, L.
Hope of Craighead, L.
Howell of Guildford, 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.
Hussey of North Bradley, L.
Hylton-Foster, B.
Inge, L.
Ironside, L.
Islwyn, L.
Jacobs, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jeger, B.
Jenkin of Roding, L.
Jenkins of Putney, L.
Jopling, L.
Judd, L.
Kennet, L.
Kilpatrick of Kincraig, L.
Kimball, L.
Kingsland, L.
Kinloss, Ly.
Kinnoull, E.
Kintore, E.
Kirkhill, L.
Kitchener, E.
Knight of Collingtree, B.
Knollys, V.
Lamont of Lerwick, L.
Lang of Monkton, L.
Lauderdale, E.
Lawrence, L.
Layton, L.
Leigh, L.
Lester of Herne Hill, L.
Levy, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Long, V.
Longford, E.
Lucas of Chilworth, L.
Ludford, B.
Luke, L.
Lyell, L.
McCarthy, L.
Macclesfield, E.
McColl of Dulwich, L.
McIntosh of Haringey, L.
Mackay of Ardbrecknish, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
McNally, L.
Maddock, B.
Mancroft, L.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Mason of Barnsley, L.

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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.
Montagu of Beaulieu, L.
Montague of Oxford, L.
Monteagle of Brandon, L.
Moore of Wolvercote, L.
Moran, L.
Morris, L.
Morris of Castle Morris, L.
Morris of Manchester, L.
Mountevans, L.
Mowbray and Stourton, L.
Moyne, L.
Munster, E.
Napier of Magdâla, L.
Naseby, L.
Nelson, E.
Newall, L.
Newby, L.
Newton of Braintree, L.
Noel-Buxton, L.
Norrie, L.
Northbourne, L.
Northesk, E.
Norton, L.
Nunburnholme, L.
O’Cathain, B.
Onslow of Woking, L.
Oppenheim-Barnes, B.
Orme, L.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Patel, L.
Paul, L.
Pearson of Rannoch, L.
Pender, L.
Perry of Southwark, B.
Perry of Walton, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Platt of Writtle, B.
Ponsonby of Shulbrede, L.
Porter of Luddenham, L.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rathcavan, L.
Rawlings, B.
Razzall, L.
Rea, L.
Redesdale, L.
Rees, L.
Rendell of Babergh, B.
Rennell, L.
Renton, L.
Renwick, L.
Richard, L.
Richardson, L.
Rix, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rotherwick, L.
Rowallan, L.
Ryder of Wensum, L.
Sainsbury of Turville, L.
St. John of Bletso, L.
St. John of Fawsley, L.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Seccombe, B.
Sefton of Garston, L.
Selsdon, L.
Shannon, E.
Shaughnessy, L.
Shaw of Northstead, L.
Shepherd, L.
Sheppard of Liverpool, L.
Shore of Stepney, L.
Shuttleworth, L.
Simon, V.
Simon of Glaisdale, L.
Simon of Highbury, L.
Skelmersdale, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stallard, L.
Steel of Aikwood, L.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathcarron, L.
Strathclyde, L.
Sudeley, L.
Suffolk and Berkshire, E.
Swansea, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Tebbit, L.
Tenby, V.
Teviot, L.
Thomas of Gresford, L.
Thomas of Gwydir, L.
Thomas of Macclesfield, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thornton, B.
Thurlow, L.
Tomlinson, L.
Tope, L.
Tordoff, L.
Torrington, V.
Trefgarne, L.
Trumpington, B.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Vivian, L.
Waddington, L.
Wakeham, L.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Walton of Detchant, L.
Weatherill, L.
Wedderburn of Charlton, L.
Westbury, L.
Wharton, B.
Whitty, L.
Wigoder, L.
Wilberforce, L.
Wilcox, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Wilson of Tillyorn, L.
Winchilsea and Nottingham, E.
Young, B.

PRAYERS were read by the Lord Bishop of Southwark.

Judicial Business

1.Wisely (Respondent) v. John Fulton Plumbers Limited (Appellants) (Scotland)—The appeal of John Fulton Plumbers Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 21st June next.
2.Berezovsky (Respondent) v. Michaels and others (Appellants) (England)—The appeal of James Michaels and Forbes Inc was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 21st June next.
3.Glouchkov (Respondent) v. Michaels and others (Appellants) (England)—The appeal of James Michaels and Forbes Inc was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 21st June next.

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4.Killoran (Petitioner) v. Wokingham District Council (Respondents)—The petition of Craig Francis Killoran 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 14th January 1998).
5.Al-Ani (Petitioner) v. Shubber (Respondent)—The petition of Abdul-Haq Al-Ani 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 6th November 1998).
6.Deepak Fertilisers and Petrochemicals Limited (Petitioners) v. ICI Chemicals & Polymers Limited and others (Respondents)—The petition of Deepak Fertilisers and Petrochemicals Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 11th December 1998).
7.In re C (a minor) and another (A.P.) (Petitioner)—The petition of the mother praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.
8.Wadey (Respondent) v. Surrey County Council (Petitioners)—The petition of Surrey County Council praying for leave to appeal notwithstanding that the time limited by Standing Order I has expired was presented and referred to an Appeal Committee.
9.Regina v. Secretary of State for the Home Department (Respondent) ex parte Hindley (A.P.) (Appellant)—The appeal was set down for hearing and referred to an Appellate Committee.
10.Wisely (Respondent) v. John Fulton Plumbers Limited (Appellants) (Scotland)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.
11.Appeal Committee—The 29th Report from the Appeal Committee was agreed to and the following Order was made:

Three Rivers District Council and others (Original Appellants and Cross-Respondents) v. Governor and Company of the Bank of England (Original Respondents and Cross-Appellants)—That the petition be referred for hearing.

12.Appeal Committee—The 30th Report from the Appeal Committee was agreed to and the following Orders were made:

Reed (Respondent) v. Graham (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.

Costello (Respondent) v. Chief Constable of Northumbria (Petitioner)—That leave to appeal be refused; that the respondent be at liberty to apply for her 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.

Arthur J S Hall & Co (Petitioners) v. Simons (A.P.) (Respondent)—That the respondent be invited to lodge objections by 24th May next.

Cockbone (Respondent) v. Atkinson Dacre and Slack (a firm) (Petitioners)—That the respondent be invited to lodge objections by 24th May next.

Barratt (Respondent) v. Ansell and others (trading as Woolf Seddon (a firm)) (Petitioners)—That the respondent be invited to lodge objections by 24th May next.

Harris (Respondent) v. Scholfield Roberts & Hill (a firm) (Petitioners) and others—That the respondent be invited to lodge objections by 24th May next.

Government of the United States of America (Respondents) v. Montgomery and another (Petitioners)—That the petition be referred for hearing.

Killoran (Petitioner) v. Wokingham District Council (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.

Al-Ani (Petitioner) v. Shubber (Respondent)—That leave to appeal be refused.

Papers

13.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Registration of Births, Deaths and Marriages (Fees) (Amendment) Order 1999, laid under the Public Expenditure and Receipts Act 1968;
 (1303)
2.Secure Remands and Committals (Prescribed Description of Children and Young Persons) Order 1999, laid under the Children and Young Persons Act 1969;
 (1265)

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3.Social Security (Adjudication) (Amendment) Regulations 1999, laid under the Social Security Administration Act 1992.
 (1302)
14.Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

Change 3 to the Regulations for the Naval and Marine Reserve (BR 64), laid under the Reserve Forces Act 1996.

15.Special Procedure Order—The following special procedure order was laid before the House, together with the certificate of the Secretary of State for the Environment, Transport and the Regions, and ordered to lie on the Table:

City of Stoke-on-Trent Tunstall Northern By-Pass Local Government Act Compulsory Purchase Order 1997.

Public Business

16.Breeding and Sale of Dogs (Welfare) Bill—A bill to amend and extend certain enactments relating to the commercial breeding and sale of dogs; to regulate the welfare of dogs kept in commercial breeding establishments; to extend powers of inspection; to establish records of dogs kept at such establishments; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 56)
17.Company and Business Names (Chamber of Commerce, Etc.) Bill—A bill to make provision concerning the approval of company or business names containing the expression “chamber of commerce” or any related expression; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 57)
18.Employment Relations Bill—It was moved by the Lord Simon of Highbury 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.
19.General Teaching Council for England (Constitution) Regulations 1999—
20.General Teaching Council for Wales (Constitution) Regulations 1999—

It was moved by the Baroness Blackstone that the draft Regulations laid before the House on 22nd March be approved en bloc; after debate, the motion was agreed to.

21.Tibet—The Earl of Carrick asked Her Majesty’s Government what they are doing to assist the Tibetans to have meaningful dialogue with the People’s Republic of China leading to a negotiated settlement of the Tibetan issue; after debate, the question was answered by the Baroness Symons of Vernham Dean.

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


APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM) ON
THE LOCAL GOVERNMENT BILL

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

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

Amendments were moved and (by leave of the Committee) withdrawn; the Committee

was adjourned after clause 13 stood part.

The Committee was adjourned at twelve minutes before eight o’clock until Wednesday 12th May
at half-past three o’clock.