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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 25° Martii 1999

The House met at two o’clock.

PRAYERS were read by the Lord Bishop of Lincoln.

Judicial Business

1. Society of Lloyd’s (Cross-Appellants and Original Respondents) v. Robinson (Original Appellant and Cross-Respondent) and another—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the appeal be dismissed and the cross-appeal be allowed in part; that the Order of the Court of Appeal of 30th July 1997 be varied so that, in the sentence beginning “And it is further ordered”, for the word “dismissed” there be substituted the word “allowed”; that there be no order as to the costs of the appeal to this House; and that the cross-appellants and original respondents do pay to the original appellant and cross-respondent his costs of the cross-appeal to this House, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.

2. Institute of Chartered Accountants in England and Wales (Appellants) v. Commissioners of Customs and Excise (Respondents)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 15th May 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.

3. Svenska International Plc (Appellants) v. Commissioners of Customs and Excise (Respondents)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 5th June 1997 be affirmed and the appeal be dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.

4. Regina v. Criminal Injuries Compensation Board (Respondents) ex parte A (A.P.) (Appellant)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 16th May 1997 and the Order of Mr Justice Popplewell of 15th December 1995 be set aside; that the matter be remitted to the Criminal Injuries Compensation Board for reconsideration in the light of the report by Dr West; that the Respondents do pay to the Appellant her costs before Mr Justice Popplewell, in the Court of Appeal and before this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the Appellant in this House be taxed in accordance with the Legal Aid Act 1988.

5. Dawson (A.P.) (Appellant) v. Wearmouth (A.P.) (Respondent)— The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 31st July 1997 be affirmed and the appeal dismissed; and that the costs of the appellant and respondent in this House be taxed in accordance with the Legal Aid Act 1988.

6. Regina v. Immigration Appeal Tribunal and another (Respondents) ex parte Shah (A.P.)—

7. Islam (A.P.) (Appellant) v. Secretary of State for the Home Department (Respondent)—

The Report from the Appellate Committee was agreed to; it was ordered and adjudged that, in the case of Shah, the Order of the Court of Appeal of 23rd July 1997 be set aside and the Order of Mr Justice Sedley of 25th October 1996 be restored; that, in the case of Islam, the Order of the Court of Appeal of 23rd July 1997 and the determination of the Immigration Appeal Tribunal of 2nd October 1996 be set aside; and that it be declared that: “In accordance with section 8(2) of the Asylum and Immigration Appeals Act 1993 it would be contrary to the obligations of the United Kingdom under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention for Mrs Islam to be required to leave the United Kingdom.”; 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; and that the costs of the Appellants in this House be taxed in accordance with the Legal Aid Act 1988.

8. W 1-6 (A.P.) (Cross-Appellants) v. Essex County Council and another (Cross-Respondents) (England)— The cross-appeal of W 1 and W 2 was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 6th May next.

9. Rembrandt Group Limited (Petitioners) v. Philip Morris International Incorporated—The petition of Rembrandt Group Limited praying for leave to appeal was presented and referred to an Appeal Committee.

10. Appeal Committee—The 24th Report from the Appeal Committee was agreed to and the following Orders were made:

    Bogdal (Petitioner) v. Kingston-upon-Hull City Council (Respondents)— 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.

    Mainwaring and another (Respondents) v. Goldtech Investments Limited (Petitioners) and one other action—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.

    Miah and others (Respondents) v. Khan (A.P.) (Petitioner) and one other action—That the respondents be invited to lodge objections by 8th April next.

    In re Barker (A.P.) (Petitioner) (application for a writ of Habeas Corpus)— That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Johnson (Petitioner) v. Gore Wood & Co (a firm) (Respondents)— That the petition be referred for hearing.

    Regina v. Northern Ireland Electricity plc (Respondents) ex parte Director General of Electricity Supply of Northern Ireland (Petitioner) (Northern Ireland)— 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.

The House was adjourned during pleasure.

The House was resumed.

11. Earl of Devon—Hugh Rupert Earl of Devon sat first in Parliament after the death of his father, Charles Christopher Earl of Devon, having first taken and subscribed the oath pursuant to statute.

12. Royal Assent—The Lord Chancellor notified the Queen’s Assent to the following Acts:

Consolidated Fund Actc. 4
City of Westminster Actc. i

Papers

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

    1. Finance—Departmental Reports on the Government’s Expenditure Plans for 1999-2002 by—

    (i) the Department of the Environment, Transport and the Regions, the Ordnance Survey, the Office of Passenger Rail Franchising, the Office of the Rail Regulator and the Office of Water Services;      (4204)

    (ii) the Cabinet Office, the Central Office of Information, the Office of the Parliamentary Commissioner for Administration and Health Service Commissioners, the Privy Council Office, the House of Lords, the House of Commons and the National Audit Office;      (4221)

    2. Private Security Industry—The Government’s Proposals for Regulation of the Private Security Industry in England and Wales.    (4254)

14. Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

    Draft Alterations to the Criminal Injuries Compensation Scheme.

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

    1. Education (Secondary Education in Further Education Institutions) Regulations 1999, laid under the Further and Higher Education Act 1992;      (954)

    2. Statute made by the University of Oxford on 19th November 1998, laid under the Universities of Oxford and Cambridge Act 1923;      (—)

    3. (i)      Local Government (Exemption from Competition) (Scotland) Amendment Order 1999—      (937)

    (ii) Local Government Act 1988 (Competition) (Scotland) Amendment Regulations 1999—      (947)

    laid under the Local Government Act 1988;

    4. Police Grant (Scotland) Order 1999, laid under the Police (Scotland) Act 1967;      (953)

    5. Income Support (General) (Standard Interest Rate Amendment) (No. 3) Regulations 1999, laid under the Social Security Contributions and Benefits Act 1992.      (907)

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

    1. Scottish Office Statistical Bulletin for 1998: Recorded Crime in Scotland, laid under the Police (Scotland) Act 1967;

    2. Report and Accounts for 1998 of the Commonwealth Development Corporation, laid under the Commonwealth Development Corporation Act 1978.

Public Business

17. Local Government Bill—A bill to make provision imposing on local and certain other authorities requirements relating to economy, efficiency and effectiveness; and to make provision for the regulation of council tax and precepts was brought from the Commons, read a first time and ordered to be printed. (HL Bill 42)

18. Local Government Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 42-EN)

19. Business of the House—It was moved by the Lord Carter, on behalf of the Baroness Jay of Paddington, that Standing Order 38 (Arrangement of the Order Paper) be dispensed with so far as is necessary to enable the motion standing in the name of the Lord Gilbert to be taken after the Third Reading of the Health Bill; the motion was agreed to.

20. Births and Deaths Registration (Amendment) Bill [HL]— The order of commitment was discharged.

21. Health Bill [HL]— The bill was read a third time; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; an amendment was agreed to (see division list); a privilege amendment was agreed to; then, after debate, the bill was passed and sent to the Commons.

22. Kosovo—It was moved by the Lord Gilbert that this House take note of the situation in Kosovo; after debate, the motion was agreed to.

23. European Parliamentary Elections (Gibraltar) Bill [HL]— It was moved by the Lord Bethell 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.

24. Police vehicles—The Lord Campbell of Croy asked Her Majesty’s Government whether they will give advice to police authorities on the circumstances in which police vehicles may exceed speed limits, ignore traffic lights and in other ways disregard the regulations governing traffic on public roads; after debate, the question was answered by the Lord Hoyle.

The House was adjourned at twenty minutes past ten o’clock

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

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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© Parliamentary copyright 1999
Prepared: 26 march 1999