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Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Jovis 18° Februarii 1999

The House met at two o’clock.

PRAYERS were read by the Lord Bishop of Blackburn.

Judicial Business

1. Credit Lyonnais Nederland NV (now known as Generale Bank Nederland NV) (Appellants) v. Export Credits Guarantee Department (Respondents)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 23rd July 1997 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.

2. Platform Home Loans Limited (Appellants) v. Oyston Shipways Limited and others (Respondents)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 19th December 1997 be varied so that, in paragraph 3, for the sum “£400,000” there be substituted the sum “£489,398.81”; in paragraph 6, for the word “damages” there be substituted the word “interest”; that paragraph 5 be set aside; that there be no order as to the costs of the appellants’ cross-appeal to the Court of Appeal; and that the respondents do pay to the appellants their costs before this House, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.

3. Appeal Committee—The 21st Report was made; the Appeal Committee reported that they had met and had heard Counsel; the Report was agreed to and the following Orders were made:

    Canada Trust Company (Acting in its capacity as Trustee of the Chrysler Canada Ltd’s Benefits Plan, the Chrysler Canada Ltd Master Trust Fund, The Chrysler Canada Ltd Non-Canadian Master Trust Fund and the Holmes Foundry Division Master Trust Fund) and others (Respondents) v. Stolzenberg and Gambazzi and others (Petitioners) and others—That leave to appeal be given, and that the petition of appeal be lodged by 4th March next.

    IM Properties plc (Petitioners) v. Cape & Dalgleish (a firm) (Respondents)— That leave to appeal be refused; and that the petitioners do pay to the respondents the costs of the petition, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.

    White (Petitioner) v. White (Respondent)— That leave to appeal be given, and that the petition of appeal be lodged by 4th March next.

    White (Petitioner) v. White (Respondent) (Second Petition)— That leave to appeal be given, and that the petition of appeal be lodged by 4th March next.

The House was adjourned during pleasure.

The House was resumed.

Papers

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

    1. Housing—Accounts for 1997-98 of the Northern Ireland Housing Executive, together with the Report of the Local Government Auditor and the Comptroller and Auditor General;      (4268)

    2. Headquarters Agreement—Headquarters Agreement between the United Kingdom and the North-East Atlantic Fisheries Commission;      (4265)

    3. European Air Group—Agreement Between the United Kingdom and France concerning the European Air Group.      (4270)

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

    1. (i)      Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1999— (375)

    (ii) Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999—      (360)

    (iii) Highways (Assessment of Environmental Effects) Regulations 1999—      (369)

    laid under the European Communities Act 1972;

    2. Family Homes and Domestic Violence (Allocation of Proceedings) Order (Northern Ireland) 1999, laid under the Family Homes and Domestic Violence (Northern Ireland) Order 1998;      (—)

    3. Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Amendment) Regulations 1999, laid under the Food Safety Act 1990;      (275)

    4. Town and Country Planning (Costs of Inquiries etc.) (Standard Daily Amount) Regulations 1999, laid under the Town and Country Planning Act 1990;      (327)

    5. Housing (Right to Buy) (Limits on Discount) (Wales) Order 1999, laid under the Housing Act 1985.      (292)

Private Business

6. London Local Authorities Bill [HL]— The bill was read a third time and passed and sent to the Commons.

7. Baxi Partnership Limited Trusts Bill [HL]— The bill was read a second time and referred to the Examiners.

8. City of Newcastle upon Tyne Bill [HL]— The bill was read a second time and committed to a Select Committee.

9. Kent County Council Bill [HL]— The bill was read a second time and committed to a Select Committee.

10. Medway Council Bill [HL]— The bill was read a second time and committed to an Unopposed Bill Committee.

11. United Reformed Church Bill [HL]— The bill was read a second time and referred to the Examiners.

Public Business

12. Easter Act 1928 (Commencement) Bill [HL]— A bill to bring into force the Easter Act 1928 was presented by the Earl of Dartmouth, read a first time and ordered to be printed. (HL Bill 24)

13. Health Bill [HL]— It was moved by the Baroness Hayman that it be an instruction to the Committee of the Whole House to whom the Health Bill [HL] has been committed that they consider the Bill in the following order:

Clauses 1 and 2

Schedule 1

Clauses 3 to 14

Schedule 2

Clauses 15 to 47

Schedule 3

Clauses 48 to 50

Schedules 4 and 5

Clauses 51 to 54;

    the motion was agreed to.

14. Road Traffic (NHS Charges) Bill—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.

15. Education (Student Support) Regulations 1999—It was moved by the Lord McIntosh of Haringey that the draft Regulations laid before the House on 4th February be approved; after debate, the motion was agreed to.

16. Education (Student Loans) (Scotland) Regulations 1999—It was moved by the Lord McIntosh of Haringey that the draft Regulations laid before the House on 8th February be approved; after debate, the motion was agreed to.

17. Education (School Performance Information) (England) (Amendment) Regulations 1998—It was moved by the Baroness Blatch that an Humble Address be presented to Her Majesty praying that the Regulations, laid before the House on 23rd December 1998, be annulled (S.I. 1998/3260); after debate, the motion was negatived.

The House was adjourned at one minute past eight o’clock

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

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 19 february 1999