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Session 1998-99
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Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Jovis 10° Decembris 1998

The House met at two o’clock.

PRAYERS were read by the Lord Bishop of Birmingham.

Judicial Business

1. Ingram and another (Appellants) v. Commissioners of Inland Revenue (Respondents)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 28th July 1997 be set aside and that the Order of Mr Justice Ferris of 17th May 1995 be varied so as to declare that the Notice of Determination dated 10th October 1994 be amended so as to substitute for paragraphs 1 to 5 thereof the following declarations: 1. The combined effect of the transfers and the declarations of trust dated 31st March 1987 (“the Declarations of Trust”) was to effect potentially exempt transfers of value which by virtue of the death of Lady Ingram became chargeable transfers pursuant to sections 2, 3 and 3A of the Inheritance Tax Act 1984; 2. The leases are and were at all material times valid and enforceable; 3. The value transferred by the potentially exempt transfers referred to in (1.) above was the value of Lady Ingram’s interest as sole beneficial owner of the freeholds immediately before the execution of the transfers less the value of the leases immediately after their creation; 4. At all times following the potentially exempt transfers the freehold reversions on the leases were enjoyed to the entire exclusion or virtually the entire exclusion of Lady Ingram and of any benefit to her by way of contract or otherwise and accordingly the said freehold reversions were not deemed to be included in her estate on her death for inheritance tax purposes by virtue of section 102 of the Finance Act 1986; and that the respondents do pay to the appellants their costs in the Court of Appeal and in this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties.

2. British Telecommunications plc (Appellants) v. James Thomson and Sons (Engineers) Limited (Respondents) (Scotland)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Interlocutor of the Second Division of the Court of Session of 13th December 1996 and the Interlocutors of the Lord Ordinary of 7th February 1996 be recalled; that the cause do proceed to a proof before answer and be remitted back to the Court of Session to proceed as accords; and that the respondents do pay to the appellants their expenses of the debate and reclaiming motion in the Court of Session and their costs in this House, the amount of such costs to be certified by the Clerk of the Parliaments if not agreed between the parties.

3. In re Pinochet—The petition of Senator Augusto Pinochet Ugarte praying that the opinion of the Lord Hoffmann in relation to the appeal be declared to be of no effect and that the Judgment of the House of 25th November last be vacated, was presented and referred to an Appeal Committee.

4. Commercial Union Assurance Company plc and others (Petitioners) v. NRG Victory Reinsurance Limited (Respondents)— Upon application by the petitioners (the agents for the respondents consenting thereto), it was ordered that the petition be withdrawn and that there be no order as to costs.

5. Skandia International Insurance Corporation and others (Petitioners) v. NRG Victory Reinsurance Limited (Respondents)— Upon application by the petitioners (the agents for the respondents consenting thereto), it was ordered that the petition be withdrawn and that there be no order as to costs.

6. Regina v. Secretary of State for the Home Department (Respondent) ex parte Salem (A.P.) (Appellant)— The appeal was set down for hearing and referred to an Appellate Committee.

7. Appeal Committee—The 6th Report from the Appeal Committee was agreed to and the following Order was made:

    Biesheuvel (Respondent) v. Birrell (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.

8. Appeal Committee—The 7th Report from the Appeal Committee was agreed to and the following Order was made:

    In re Pinochet—That the petition be referred for hearing.

The House was adjourned during pleasure.

The House was resumed.

9. Lord Rollo (Lord Dunning)— David Eric Howard Lord Rollo (Lord Dunning) sat first in Parliament after the death of his father, Eric John Stapylton Lord Rollo, having first taken and subscribed the oath pursuant to statute.

Papers

10. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:

    1. Libraries—Report and Accounts for 1997-98 of the National Library of Wales;      (—)

    2. Tobacco—Smoking Kills: A White Paper on Tobacco.      (4177)

11. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:

    1.      Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998, laid under the Merchant Shipping Act 1995;      (2976)

    2.      Civil Aviation (Navigation Services Charges) (Amendment) Regulations 1998, laid under the Civil Aviation Act 1982;      (2975)

    3.      Non-Domestic Rating Contributions (England) (Amendment) Regulations 1998, laid under the Local Government Finance Act 1988;      (3038)

    4.      Home Repair Assistance (Extension) Regulations 1998, laid under the Housing Grants, Construction and Regeneration Act 1996;      (2998)

    5.      Housing (Right to Buy) (Limits on Discount) Order 1998, laid under the Housing Act 1985;      (2997)

    6.      Five Statutes made by Magdalen College, Oxford on 13th February, laid under the Universities of Oxford and Cambridge Act 1923;      (—)

    7.      Vehicle Excise Duty (Reduced Pollution) Regulations 1998, laid under the Vehicle Excise and Registration Act 1994;      (3094)

    8.      Motor Vehicles (Type Approval of Reduced Pollution Adaptations) Regulations 1998, laid under the Road Traffic Act 1988;      (3093)

    9.      (i)      BSE Offspring Slaughter Regulations 1998—      (3070)

    (ii) Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) (Amendment) Regulations 1998—      (3050)

    (iii) Industry Act 1975 (Prohibition and Vesting Order) Regulations 1998—      (3035)

    laid under the European Communities Act 1972;

    10.      Reserve Forces Act 1996 (Consequential Provisions etc.) Regulations 1998, laid under the Reserve Forces Act 1996;      (3086)

    11.      Wireless Telegraphy Appeal Tribunal Rules 1998, laid under the Wireless Telegraphy Act 1949;      (3036)

    12.      (i)      Companies (Fees) (Amendment) Regulations 1998—       (3088)

          (ii)      Open-Ended Investment Companies (Investment Companies with Variable Capital) (Fees) Regulations 1998—      (3087)

    laid under the Companies Act 1985;

    13.      National Health Service (Choice of Dental Practitioner) (Scotland) Amendment Regulations 1998, laid under the National Health Service (Scotland) Act 1978;      (3052)

    14.      Grants for Improvements in School Education (Scotland) Regulations 1998, laid under the Education (Scotland) Act 1980;      (3051)

    15.      Magistrates’ Courts Committees (Northumbria) Amalgamation (Amendment) Order 1998, laid under the Justices of the Peace Act 1997;      (3108)

    16.      Justices’ Clerks (Qualifications of Assistants) (Amendment) Rules 1998, laid under the Magistrates’ Courts Act 1980.      (3107)      

12. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:

    1.      Residential care of Handicapped Persons under the age of 65 in England and Wales—Statements for 1996-97, laid under the Chronically Sick and Disabled Persons Act 1970;

    2.      1997 Birth Statistics for England and Wales, laid under the Registration Service Act 1953;

    3.      Second Report of the Parliamentary Commissioner for Administration: Selected cases April-October 1998, laid under the Parliamentary Commissioner Act 1967;

    4.      Report and Accounts for 1997-98 of the Qualifications, Curriculum and Assessment Authority for Wales, laid under the Education Act 1997;

    5.      Change 2 to the Regulations for the Naval and Marine Reserve (BR64), laid under the Reserve Forces Act 1996;

    6.      Report for 1997-98 of the Office of the Subsidence Adviser, laid under the Coal Industry Act 1994.

Public Business

13. Freedom of Information Bill [HL]— A bill to extend the right of access to information held by public authorities; and for connected purposes was presented by the Lord Lucas, read a first time and ordered to be printed. (HL Bill 10)

14. House of Lords Offices—It was moved by the Chairman of Committees that the Select Committee on the House of Lords Offices 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:

L. Brabazon of Tara

L. Brougham and Vaux

E. Caithness

L. Carter

L. Colwyn

B. Darcy de Knayth

L. Dean of Beswick

L. Dholakia

L. Dixon

L. Harris of Greenwich

L. Henley

B. Hilton of Eggardon

L. Hunt of Wirral

L. Irvine of Lairg (Lord Chancellor)

B. Jay of Paddington

L. Mackay of Ardbrecknish

L. Marsh

B. Nicol

Bp. Oxford

L. Renfrew of Kaimsthorn

L. Rodgers of Quarry Bank

B. Seccombe

B. Serota

L. Strathclyde

B. Thomas of Walliswood

L. Tordoff

V. Ullswater

L. Weatherill.

L. Williams of Mostyn;

    the motion was agreed to.

15. Procedure of the House—It was moved by the Chairman of Committees that the Select Committee on Procedure of the House 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:

B. Anelay of St. Johns

L. Browne-Wilkinson

L. Burlison

L. Burnham

E. Caithness

L. Carter

L. Denham

E. Ferrers

L. Gladwin of Clee

B. Gould of Potternewton

B. Hamwee

L. Harris of Greenwich

L. Henley

L. Irvine of Lairg (Lord Chancellor)

B. Jay of Paddington

L. Mackay of Ardbrecknish

L. Mackay of Clashfern

B. Rendell of Babergh

L. Rodgers of Quarry Bank

E. Shannon

L. Skelmersdale

L. Strabolgi

L. Strathclyde

L. Tordoff

L. Weatherill

L. Williams of Mostyn

B. Young;

    the motion was agreed to.

16. Social Security Contributions (Transfer of Functions, etc.) Bill [HL]— It was moved by the Baroness Hollis of Heigham 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.

17. Central America: hurricane—The Viscount Montgomery of Alamein asked Her Majesty’s Government what progress has been made towards alleviating the devastation caused by the recent hurricane in Central America; after debate, the question was answered by the Baroness Amos.

The House was adjourned at eighteen minutes past seven o’clock

to Monday next, half-past two o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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© Parliamentary copyright 1998
Prepared: 11 december 1998