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Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Mercurii 13° Januarii 1999

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

PRAYERS were read by the Lord Bishop of Wakefield.

1. Leave of absence—It was ordered that the leave of absence granted to the Viscount Boyd of Merton be terminated.

Judicial Business

2. Curtis (Respondent) v. Chairman of the London Rent Assessment Committee (Petitioner) and others—Upon application by the petitioner (the agents for the respondent consenting thereto), it was ordered that the petition be withdrawn and that the petitioner do pay to the respondent the costs of the petition, the amount thereof to certified by the Clerk of the Parliaments if not agreed between the parties.

3. Regina v. Collins and Pathfinder Mental Health Services NHS Trust and others (Petitioners) ex parte S (A.P.) (Respondent)— Upon application by the petitioners (the agents for the respondent consenting thereto), it was ordered that the petition be withdrawn; that the costs of the respondent be taxed in accordance with the Legal Aid Act 1988; and that the first and second petitioners do pay to the respondent the costs of the petition, the amount thereof to certified by the Clerk of the Parliaments if not agreed between the parties.

4. St George’s Healthcare NHS Trust (Petitioners) v. S (A.P.) (Respondent)— Upon application by the petitioners (the agents for the respondent consenting thereto), it was ordered that the petition be withdrawn; that the costs of the respondent be taxed in accordance with the Legal Aid Act 1988; and that the petitioners do pay to the respondent the costs of the petition, the amount thereof to certified by the Clerk of the Parliaments if not agreed between the parties.

5. Harries (A.P.) (Appellant) v. Barclays Bank plc (Respondents)— The appeal was set down for hearing and referred to an Appellate Committee.

6. Appeal Committee—The 14th Report was made; the Appeal Committee reported that they had met and had heard Counsel; the Report was agreed to and the following Order was 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 petition of Amnesty International and others that they might be heard or otherwise intervene in the said appeal be allowed and that they may have leave to lodge written argument and be heard; that the petition of Human Rights Watch be allowed subject to written argument only; and that the petition of the Republic of Chile be allowed on the same terms as Amnesty International subject to their written arguments being lodged with the other parties by 10.00 pm on Thursday 14th January.

Papers

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

    1. European Communities—Europe Agreement establishing an Association between the European Communities and their Member States and Estonia including Protocols with Exchange of Letters, Declarations and Final Act;      (—)

    2. Treaty Series—3rd Supplementary List of ratifications, accessions and withdrawals for 1998;      (4185)

    3. Social Security—Report by the Government Actuary on the drafts of the Social Security Benefits Up-rating Order 1999 and the Social Security (Contributions) (Re-rating and National Insurance Fund Payments) Order 1999.      (4199)

8. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:

    1. Draft Social Security Benefits Up-rating Order 1999;

    2. Draft Social Security (Contributions) (Re-rating and National Insurance Fund Payments) Order 1999;

    3. Draft Guaranteed Minimum Pensions Increase Order 1999.

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

    (i) Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 1999—      (40)      

    (ii) Arable Area Payments (Amendment) Regulations 1999—      (8)

    laid under the European Communities Act 1972.

Select Committee Report

10. Delegated Powers and Deregulation—The following report from the Select Committee was made and ordered to be printed:

    5th Report, on the following bills:

      Access to Justice Bill [HL];

      Freedom of Information Bill [HL];

      Sea Fisheries (Shellfish) (Amendment) Bill [HL]. (HL Paper 17)

Public Business

11. Access to Justice Bill [HL]— It was moved by the Lord Chancellor that it be an instruction to the Committee of the Whole House to whom the Access to Justice Bill [HL] has been committed that they consider the Bill in the following order:

Clause 1

Schedule 1

Clauses 2 to 7

Schedule 2

Clauses 8 to 14

Schedule 3

Clauses 15 to 22

Schedule 4

Clauses 23 to 35

Schedule 5

Clauses 36 and 37

Schedule 6

Clauses 38 to 51

Schedule 7

Clause 52

Schedule 8

Clauses 53 to 61

Schedule 9

Clauses 62 to 75

Schedule 10

Clause 76

Schedule 11

Clauses 77 to 80;

    the motion was agreed to.

12. HIV/AIDS in sub-Saharan Africa (Short debate)—It was moved by the Earl of Sandwich that there be laid before the House papers relating to the case for an adequate contribution to the control and prevention of HIV/AIDS in sub-Saharan Africa; after debate, the motion was (by leave of the House) withdrawn.

13. Leisure activities (Short debate)—It was moved by the Lord Walpole that there be laid before the House papers relating to increased time for leisure activities and the pressures and problems this causes; after debate, the motion was (by leave of the House) withdrawn.

14. Hospital disciplinary procedures—The Baroness Knight of Collingtree asked Her Majesty’s Government whether they will consider the case for changes in the procedure to deal with alleged disciplinary misdemeanours by hospital doctors or consultants, particularly to speed up the process; after debate, the question was answered by the Baroness Hayman.

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

till tomorrow, three o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 14 january 1999