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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 Martis 12° Januarii 1999

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

PRAYERS were read by the Lord Bishop of Wakefield.

1. Lord Phillips of Worth Matravers—The Right Honourable Sir Nicholas Addison Phillips, Knight, a Lord Justice of Appeal, having been appointed a Lord of Appeal in Ordinary and created Baron Phillips of Worth Matravers, of Belsize Park in the London Borough of Camden, for life by Letters Patent dated 12th January 1999, was introduced between the Lord Alexander of Weedon and the Lord Mustill, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

Judicial Business

2. Arthur J S Hall & Co (Petitioners) v. Simons (Respondent)— The petition of Arthur J S Hall & Co praying for leave to appeal was presented and referred to an Appeal Committee.

3. Cockbone (Respondent) v. Atkinson Dacre and Slack (a firm) (Petitioners)— The petition of Atkinson Dacre and Slack (a firm) praying for leave to appeal was presented and referred to an Appeal Committee.

4. Barrett (Respondent) v. Ansell and others (trading as Woolf Seddon (a firm)) (Petitioners)— The petition of Anthony Ronald Louis Ansell, Robin Alan Austin, Harvey Philip Ingram, David Patrick Irving, Simon Andrew Gordon Ross, Anthony Maurice Seddon and Paul Ian Woolf (trading as Woolf Seddon (a firm)) praying for leave to appeal was presented and referred to an Appeal Committee.

5. Consorzio del Prosciutto di Parma (Petitioners) v. ASDA Stores Limited and others (Respondents)— The petition of Consorziodel Prosciutto di Parma praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

6. McDonald’s Corporation and others (Respondents) v. Steel and another (Petitioners)— The petition of Helen Marie Steel and David Morris 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.

7. Dawson (A.P.) (Appellant) v. Wearmouth (A.P.) (Respondent)— The appeal was set down for hearing and referred to an Appellate Committee.

8. In re B (a minor) (A.P.) (Appellant)— The appeal was set down for hearing and referred to an Appellate Committee.

9. Dingley (A.P.) (Appellant) v. Chief Constable of Strathclyde Police (Respondent) (Scotland)— The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 24th February next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

10. Appeal Committee—The 12th Report from the Appeal Committee was agreed to and the following Order was made:

    McDonald’s Corporation and others (Respondents) v. Steel 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.

11. Appeal Committee—The 13th Report from the Appeal Committee was agreed to and the following Orders were made:

    Regina v. Bartle and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—

    Regina v. Evans and another and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—

    That the petitions of Amnesty International and others, Human Rights Watch and the Republic of Chile praying for leave to intervene in the appeals be referred for hearing.

Papers

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

    Special Hospitals—Report of the Committee of Inquiry into the Personality Disorder Unit, Ashworth Special Hospital—

    (i) Executive Summary;      (4194-I)

    (ii) Volume 1.      (4194-II)

13. Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:

    Education (Infant Class Sizes) (Grant) Regulations 1999, laid under the School Standards and Framework Act 1998.      (14)

14. Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

    Report and Accounts for 1997-98 of the Oil and Pipelines Agency, laid under the Oil and Pipelines Act 1985.

Select Committee Report

15. Statutory Instruments—The 4th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

      Open-Ended Investment Companies (Investment Companies with Variable Capital) (Fees) Regulations 1998 (S.I. 1998/3087);

      Companies (Fees) (Amendment) Regulations 1998 (S.I. 1998/3088);

      Police and Criminal Evidence Act 1984 (Codes of Practice No. 5) Order 1998;

      Draft Legal Aid (Prescribed Panels) Regulations 1998;

    it was ordered that the Report be printed. (HL Paper 16)

Public Business

16. Procedure of the House—It was moved by the Chairman of Committees, on behalf of the Committee of Selection, that the Baroness Lockwood be appointed to serve as a member of the Select Committee in the place of the Baroness Rendell of Babergh; the motion was agreed to.

17. House of Lords’ Offices—It was moved by the Chairman of Committees that the First Report from the Select Committee (HL Paper 14) be agreed to; the motion was agreed to.

18. Youth Justice and Criminal Evidence Bill [HL]— It was moved by the Lord Williams of Mostyn that it be an instruction to the Committee of the Whole House to whom the Youth Justice and Criminal Evidence Bill [HL] has been committed that they consider the Bill in the following order:

Clauses 1 to 13

Schedule 1

Clauses 14 to 47

Schedule 2

Clauses 48 to 62

Schedules 3 to 5

Clause 63;

    the motion was agreed to.

19. Scrutiny of the Third Pillar (ECC Report)— It was moved by the Lord Kingsland that this House take note of the Report of the European Communities Committee on Enhancing Parliamentary Scrutiny of the Third Pillar (6th Report, Session 1997-98, HL Paper 25); after debate, the motion was agreed to.

20. Government of Wales Act 1998 (Housing) (Amendments) Order 1998—It was moved by the Lord Williams of Mostyn that the draft Order laid before the House on 26th November be approved; after debate, the motion was agreed to.

21. Commonwealth Development Corporation Bill [HL]— The bill was reported from a Grand Committee without amendment.

22. Violence on aircraft—The Lord Brabazon of Tara asked Her Majesty’s Government what further measures they propose to deal with crimes of violence on board aircraft; and how they intend to ensure that those found guilty of such crimes receive appropriate punishments; after debate, the question was answered by the Lord Whitty.

23. Alternatives to prison—The Earl of Longford asked Her Majesty’s Government, in view of their welcome for the 3rd report (Session 1997-98) of the House of Commons Home Affairs Committee recommending greater use of alternatives to prison, what steps they intend to take to give effect to the report; after debate, the question was answered by the Lord Williams of Mostyn.

The House was adjourned at five minutes before nine o’clock

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

APPENDIX

Commonwealth Development Corporation Bill [HL]— The bill was considered in a Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; it was ordered that the bill be reported without amendment.

 
 
 
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Prepared: 13 january 1999