House of Lords Journal 232 (Session 1998-99)


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Friday 9 July 1999

The House met at eleven o’clock.

The following Lords Spiritual and Temporal were present:

Irvine of Lairg, L.
(Lord Chancellor)

Acton, L.
Addington, L.
Ahmed, L.
Ailsa, M.
Alexander of Tunis, E.
Amos, B.
Anelay of St. Johns, B.
Annaly, L.
Annan, L.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Baldwin of Bewdley, E.
Beaumont of Whitley, L.
Belhaven and Stenton, L.
Berkeley, L.
Biddulph, L.
Birdwood, L.
Blackwell, L.
Blatch, B.
Blyth, L.
Borrie, L.
Boston of Faversham, L.
Brabazon of Tara, L.
Brightman, L.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Burnham, L.
Buscombe, B.
Butterworth, L.
Byford, B.
Cadman, L.
Caithness, E.
Calverley, L.
Campbell of Alloway, L.
Campbell of Croy, L.
Carew, L.
Carlisle, E.
Carter, L.
Chadlington, L.
Chorley, L.
Clancarty, E.
Clanwilliam, E.
Clarke of Hampstead, L.
Clinton-Davis, L.
Cochrane of Cults, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Coleraine, L.
Colwyn, L.
Cooke of Thorndon, L.
Davidson, V.
Davies of Coity, L.
Davies of Oldham, L.
Denton of Wakefield, B.
Desai, L.
Devonport, V.
Dholakia, L.
Dixon, L.
Dormand of Easington, L.
Dundee, E.
Dunleath, L.
Effingham, E.
Elles, B.
Elton, L.
Ely, Bp.
Falkland, V.
Farrington of Ribbleton, B.
Fitt, L.
Flather, B.
Fookes, B.
Freyberg, L.
Gardner of Parkes, B.
Geraint, L.
Gladwin of Clee, L.
Glanusk, L.
Glentoran, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Grenfell, L.
Hacking, L.
Halsbury, E.
Harding of Petherton, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harrowby, E.
Haskel, L.
Hereford, Bp.
Holderness, L.
Hooper, B.
Hughes of Woodside, L.
Huntingdon, E.
Imbert, L.
Iveagh, E.
Jacobs, L.
Kennet, L.
Kimball, L.
Kingsland, L.
Kintore, E.
Lamont of Lerwick, L.
Lang of Monkton, L.
Lauderdale, E.
Layton, L.
Leathers, V.
Leigh, L.
Lucas of Chilworth, L.
Ludford, B.
Lyell, L.
McCarthy, L.
McColl of Dulwich, L.
McIntosh of Haringey, L.
Mackenzie of Framwellgate, L.
McNair, L.
McNally, L.
Marsh, L.
Masham of Ilton, B.
Merlyn-Rees, L.
Miller of Hendon, B.
Milner of Leeds, L.
Molyneaux of Killead, L.
Monk Bretton, L.
Monkswell, L.
Montrose, D.
Morris, L.
Morris of Manchester, L.
Mountevans, L.
Munster, E.
Napier and Ettrick, L.
Nathan, L.
Nelson, E.
Newton of Braintree, L.
Nicholson of Winterbourne, B.
Noel-Buxton, L.
Northesk, E.
Norton, L.
Norton of Louth, L.
Nunburnholme, L.
O’Cathain, B.
Onslow of Woking, L.
Paul, L.
Pitkeathley, B.

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Ponsonby of Shulbrede, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rathcavan, L.
Reay, L.
Redesdale, L.
Rees, L.
Renton, L.
Renton of Mount Harry, L.
Renwick, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Rotherwick, L.
Ryder of Warsaw, B.
St. Davids, V.
St. John of Bletso, L.
St. John of Fawsley, L.
Sandwich, E.
Sawyer, L.
Seccombe, B.
Sewel, L.
Shannon, E.
Shaughnessy, L.
Shepherd, L.
Shore of Stepney, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Stewartby, L.
Stoddart of Swindon, L.
Strabolgi, L.
Taverne, L.
Taylor of Blackburn, L.
Teviot, L.
Thomas of Macclesfield, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Trefgarne, L.
Trumpington, B.
Tweeddale, M.
Uddin, B.
Vivian, L.
Waddington, L.
Walker of Doncaster, L.
Walton of Detchant, L.
Watson of Invergowrie, L.
Waverley, V.
Weatherill, L.
Wedgwood, L.
Westbury, L.
Wharton, B.
Wigoder, L.
Wilberforce, L.
Wilcox, B.
Williams of Elvel, L.
Wise, L.
Wright of Richmond, L.

PRAYERS were read by the Lord Bishop of Ely.

Judicial Business

1.Three Rivers District Council and others (Appellants) v. Governor and Company of the Bank of England (Respondents) (Second Appeal)—The time limit for lodging the statement and appendix having expired on 7th July, and neither the statement nor appendix having been lodged by that date, the appeal was dismissed pursuant to Standing Order VI.
2.Regina v. Bow Street Magistrates’ Court and Allison (A.P.) (Respondent) ex parte Government of the United States of America (Appellants) (On Appeal from a Divisional Court of the Queen’s Bench Division)—The respondent’s legal aid certificate was lodged.
3.Appeal Committee—The following Order was made pursuant to the 48th Report:

Morgans (Petitioner) v. Director of Public Prosecutions (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—That leave to appeal be given, and that the petition of appeal be lodged by 23rd July next.

4.Appeal Committee—The 49th Report from the Appeal Committee was agreed to and the following Order was made—

Van Den Brom (A.P.) (Petitioner) v. Scott (Respondent)—That leave to appeal be refused and that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988.

5.Appeal Committee—The 50th Report from the Appeal Committee was agreed to and the following Orders were made—

Bettison and others (Respondents) v. Langton and others (Petitioners)—That the respondents be invited to lodge objections by 23rd July next.

Governor and Company of the Bank of Scotland (Respondents) v. Bennett and another (Petitioner)—That leave to appeal be given, and that the petition of appeal be lodged by 23rd July next.

Raja (Petitioner) v. Rubin (Supervisor of the voluntary arrangement) and another (Respondents)—That leave to appeal be refused; that the first 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.

Michaels and another (Petitioners) v. Harley House (Marylebone) Limited (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.

Deepak Fertilisers and Petrochemicals Limited (Petitioners) v. ICI Chemicals & Polymers Limited 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. District Court Martial at Bulford and another (Respondents) ex parte Bowyer (A.P.) (Petitioner)—That the respondents be invited to lodge objections by 23rd July next.

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Papers

6.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Road Vehicles (Construction and Use) (Amendment No. 2) Regulations 1999, laid under the Road Traffic Act 1988;
 (1959)
2.Consumer Credit (Exempt Agreements) (Amendment) Order 1999, laid under the Consumer Credit Act 1974;
 (1956)
3. (i)Social Security Amendment (Students) Regulations 1999—(1935)
(ii)Social Security (Contributions) (Amendment No. 4) Regulations 1999—(1965)
laid under the Social Security Contributions and Benefits Act 1992;
4.Social Security (Contributions) (Amendment No. 4) (Northern Ireland) Regulations 1999, laid under the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
 (1966)

Public Business

7.Road Traffic (Use of Mobile Telephones) Bill [HL]—It was moved by the Lord Davies of Oldham 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.
8.Genetically Modified Crops Bill [HL]—The House 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 and the bill was reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 80)
9.Road Traffic (Enforcement Powers) Bill [HL]—The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed and the bill was reported without amendment; the report was received.
10.Areas of Outstanding Natural Beauty Bill [HL]—The report was received; an amendment was moved and, on question, tellers for the not-contents not having been appointed, the amendment was agreed to pursuant to Standing Order 51; an amendment was agreed to; amendment 5 was moved, objected to, and on question fewer than 30 Lords having voted (see division list), the question was declared not decided and further consideration on report stood adjourned, pursuant to Standing Order 55.

The House was adjourned at three o’clock
to Monday next, half-past two o’clock.


DIVISION

AREAS OF OUTSTANDING NATURAL BEAUTY [HL]

It was moved by the Lord Chorley, in Clause 3, page 2, line 24, at end insert:

(“(1A) Subject to subsection (2) and in pursuance of its duty under subsection (1), every local planning authority whose areas consists of or includes the whole or part of an area of outstanding natural beauty shall also seek to foster the economic and social well-being of communities within the area of outstanding natural beauty, but without incurring significant expenditure in doing so.”);
which being objected to, the question was put thereupon, and the House divided:

Contents.............15

Not-Contents.............2

CONTENTS

Beaumont of Whitley, L.
Carlisle, E.
Chorley, L.
Elton, L.
Hereford, Bp.
Lyell, L. [Teller]
Montrose, D.
Nathan, L.
Rees, L.
Renton of Mount Harry, L.
Rotherwick, L. [Teller]
Shaughnessy, L.
Stoddart of Swindon, L.
Weatherill, L.
Williams of Elvel, L.

NOT-CONTENTS

Kimball, L. [Teller]
Kintore, E. [Teller]