HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Martis 15° Decembris 1998
The House met at half-past two oclock.
PRAYERS were read by the Lord Bishop of Ely.
1. Lord TrevorMark Charles Lord Trevor sat first in Parliament after the death of his father, Charles Edwin Lord Trevor, having first taken and subscribed the oath pursuant to statute.
2. Jolley (A.P.) (Appellant) v. London Borough of Sutton (Respondents) (England) The appeal of Justin Edward Jolley was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 26th January next.
3. Dawson (A.P.) (Appellant) v. Wearmouth (Respondent) (England) The appeal of Mark Richard Bolden Dawson was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 26th January next. The appellants legal aid certificate was lodged.
4. Miah and others (Respondents) v. Khan (A.P.)(Petitioner) and one other actionThe petition of Muhit Khan praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners legal aid certificate was lodged.
5. Islam (A.P.) (Appellant) v. Secretary of State for the Home Department (Respondent)
6. Regina v. Immigration Appeal Tribunal and another (Respondents) ex parte Shah (A.P.) (Appellant)
The petition of the United Nations High Commissioner for Refugees was presented praying that he might be heard or otherwise intervene in the said appeals (the agents for the appellants and the respondents not consenting thereto), and was referred to an Appeal Committee.
7. Appeal CommitteeThe 10th Report from the Appeal Committee was agreed to and the following Order was made:
Wildtree Hotels Limited and others (Appellants) v. London Borough of Harrow (Respondents) The petition that the appeal be restored was allowed subject to the sum required by Standing Order for security for costs being lodged by 29th December next.
8. Command PapersThe following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. PensionsA new contract for welfare: Partnership in Pensions: Government consultation document; (4179)
2. Non-Departmental Public BodiesReport for 1998 on Executive Non-Departmental Public Bodies. (4157)
9. Affirmative InstrumentThe following instrument was laid before the House for approval by resolution and ordered to lie on the Table:
Police and Criminal Evidence Act 1984 (Codes of Practice No. 5) Order 1998.
10. Negative InstrumentsThe following instruments were laid before the House and ordered to lie on the Table:
1. Building (Local Authority Charges) Regulations 1998, laid under the Building Act 1984; (3129)
2. Sole, Plaice and Other Species (Specified Sea Areas) (Prohibition of Fishing) Order 1998, laid under the Sea Fish (Conservation) Act 1967; (3118)
3. Statute made by the University of Oxford on 22nd June, laid under the Universities of Oxford and Cambridge Act 1923; ()
4. Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 4) Regulations 1998, laid under the Legal Aid Act 1988. (3154)
11. Papers not subject to parliamentary proceedingsThe following papers were laid before the House and ordered to lie on the Table:
1. Report for 1997 of Her Majestys Inspectors of Explosives for Northern Ireland, laid under the Explosives Act 1875;
2. Northern Ireland Appropriation Accounts for 1997-98, together with the Consolidated Fund Services Account and the Report of the Comptroller and Auditor General for Northern Ireland, laid under the Northern Ireland Act 1974;
3. Report for 1997-98 of the Council on Tribunals, laid under the Tribunals and Inquiries Act 1992;
4. Accounts for 1997-98 of the Board of Trustees of the Armouries, together with the Report of the Comptroller and Auditor General, laid under the National Heritage Act 1983;
5. Account for 1997-98 of the Natural History Museum, together with the Report of the Comptroller and Auditor General, laid under the Museums and Galleries Act 1992;
6. Report and Accounts for 1998 of the Human Fertilisation and Embryology Authority, laid under the Human Fertilisation and Embryology Act 1990;
7. Statutory Account of Securities held for the National Insurance Fund at 31st March 1998, laid under the Social Security Administration Act 1992.
Select Committee Reports
12. Statutory InstrumentsThe 3rd Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instrument:
Draft Industrial Training Levy (Engineering Construction Board) Order 1999;
it was ordered that the Report be printed. (HL Paper 10)
13. European CommunitiesThe 2nd Report from the Select Committee, EC Regulation of Genetic Modification in Agriculture, was made; it was ordered that the Report be printed, together with the Minutes of Evidence. (HL Paper 11)
14. Sea Fisheries (Shellfish) (Amendment) Bill [HL] A bill to amend section 7(4) of the Sea Fisheries (Shellfish) Act 1967 in respect of several fisheries was presented by the Earl of Lindsay, read a first time and ordered to be printed. (HL Bill 11)
15. PrivilegesIt was moved by the Chairman of Committees that a Committee for Privileges be appointed and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees and any four Lords of Appeal be named of the Committee:
L. Allen of Abbeydale
L. Campbell of Alloway
L. Cledwyn of Penrhos
B. Jay of Paddington
L. Mowbray and Stourton
L. Rodgers of Quarry Bank
That the Committee have power to appoint sub-committees and that such sub-committees have power to appoint their own Chairman; and
That the Committee have power to co-opt any Lord for the purposes of serving on any Sub-Committee;
the motion was agreed to.
16. Personal BillsIt was moved by the Chairman of Committees that a Select Committee be appointed to consider personal bills and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee:
L. Astor of Hever
L. Hogg of Cumbernauld
the motion was agreed to.
17. Hybrid InstrumentsIt was moved by the Chairman of Committees that a Select Committee be appointed to consider hybrid instruments and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee:
L. Brougham and Vaux
L. Carmichael of Kelvingrove
B. Thomas of Walliswood;
the motion was agreed to.
18. Youth Justice and Criminal Evidence Bill [HL] It was moved by the Lord Williams of Mostyn 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. European Parliamentary Elections BillIt was moved by the Lord Williams of Mostyn that the bill be now read a second time; then it was moved by the Lord Mackay of Ardbrecknish as an amendment thereto, to leave out all the words after that and insert this House declines to give the European Parliamentary Elections Bill a Second Reading on the grounds that it includes an undemocratic closed list system providing for the selection of MEPs by party choice, an approach which would end the historic right of the British people to choose the candidates they wish to be elected, a step for which the House notes with great concern no mandate was sought or given at the last General Election.; after debate, the amendment was agreed to (see division list).
The House was adjourned at eighteen minutes past ten oclock
till tomorrow, a quarter-before two oclock for judicial business,
half-past two oclock for public business.