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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 Mercurii 12° Maii 1999

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

PRAYERS were read by the Lord Bishop of Southwark.

1. Duke of Rutland—David Charles Robert Duke of Rutland sat first in Parliament after the death of his father, Charles John Robert Duke of Rutland, having first taken and subscribed the oath pursuant to statute.

Judicial Business

2. Regina v. Antoine (Petitioner)— The petition of Pierre Harrison Antoine praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee.

3. In re Kern (Petitioner) (application for a writ of Habeas Corpus)— The petition of Eugene Richard Kern praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.

4. 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 (Appellants) and others—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 26th May next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

5. Regina v. Secretary of State for the Home Department (Respondent) ex parte Ahmed (A.P.) (Petitioner)— The petitioner’s legal aid certificate was lodged.

6. Regina v. Secretary of State for the Home Department (Respondent) ex parte Sosanya (A.P.) (Petitioner)— The petitioner’s legal aid certificate was lodged.

7. Appeal Committee—The following Orders were made pursuant to the 28th Report:

    Phelps (A.P.) (Petitioner) v. Mayor etc of the London Borough of Hillingdon (Respondents)— That leave to appeal be given, and that the petition of appeal be lodged by 26th May next.

    Xydhias (Petitioner) v. Xydhias (A.P.) (Respondent)— That leave to appeal be given, and that the petition of appeal be lodged by 26th May next.

8. Appeal Committee—The 31st 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:

    Three Rivers District Council and others (Petitioners) v. Governor and Company of the Bank of England (Respondents)— That leave to appeal be given, and that the petition of appeal be lodged by 26th May next.

9. Appeal Committee—The 32nd Report from the Appeal Committee was agreed to and the following Orders were made:

    Regina v. Secretary of State for the Home Department (Respondent) ex parte Patel (A.P.) (Petitioner)— 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 respondent be at liberty to apply for his 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.

    Regina v. Secretary of State for the Home Department (Respondent) ex parte Ibitola (A.P.) (Petitioner)— 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 respondent be at liberty to apply for his 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.

    Regina v. Secretary of State for the Home Department (Respondent) ex parte Ahmed (A.P.) (Petitioner)— 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 respondent be at liberty to apply for his 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.

    Regina v Secretary of State for the Home Department (Respondent) ex parte Olusanya (A.P.) (Petitioner)— 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 respondent be at liberty to apply for his 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.

    Regina v. Secretary of State for the Home Department (Respondent) ex parte Coward (A.P.) (Petitioner)— 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 respondent be at liberty to apply for his 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.

    Regina v. Secretary of State for the Home Department (Respondent) ex parte Ghous (A.P.) (Petitioner)— 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 respondent be at liberty to apply for his 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.

    Regina v. Secretary of State for the Home Department (Respondent) ex parte Sosanya (A.P.) (Petitioner)— 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 respondent be at liberty to apply for his 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.

    Link Organisation plc (Petitioners) v. North Derbyshire Tertiary College and others (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.

    Joyce (Respondent) v. Morrissey (Petitioner) and others—That leave to appeal be refused.

    Morgan and others (Respondents) v. Morris (A.P.) (Petitioner) and one other action—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.

    White (A.P.) (Petitioner) v. White and the Motor Insurers Bureau (Respondents)— That the petition be referred for hearing.

    Roberts (A.P.) (Respondent) v. Winbow (Petitioner)— That leave to appeal be refused; and that the respondent be at liberty to apply for her costs in accordance with direction 5.1(b), and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties, and that the costs of the respondent be taxed in accordance with the Legal Aid Act 1988.

Papers

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

    Geneva Conventions—Protocols Additional to the Geneva Conventions of 12th August 1949, and relating to the Protection of Victims of—

    (i) International Armed Conflicts (Protocol I);      (4338)

    (ii) NonInternational Armed Conflicts (Protocol II).      (4339)

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

    1. Scotland Act 1998 (General Transitory, Transitional and Savings Provisions) Amendment Order 1999, laid under the Scotland Act 1998;      (1334)

    2. Magistrates’ Courts (Children and Young Persons) (Amendment) Rules 1999, laid under the Magistrates’ Courts Act 1980.      (1343)

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

    1. Accounts for 199798 relating to issues from the National Loans Fund, together with the Report of the Comptroller and Auditor General, laid under various Acts;

    2. Statement by the Secretary of State for Culture, Media and Sport concerning the appointments of Dr Jessica Rawson CBE and Henry Boyd-Carpenter CVO to the Board of the British Library.

Private Business

13. Imperial College Bill—The bill was read a second time and committed to an Unopposed Bill Committee.

Public Business

14. Business of the House—It was moved by the Baroness Jay of Paddington that the debate on the motion in the name of the Lord Hayhoe set down for today shall be limited to 2 hours and that in the name of the Lord Vinson to 3 hours; the motion was agreed to.

15. Referendums (2-hour debate)— It was moved by the Lord Hayhoe that there be laid before the House papers relating to the case for establishing an independent statutory commission responsible for the conduct of referendums, their organisation and administration; after debate, the motion was (by leave of the House) withdrawn.

16. Small firms (3-hour debate)— It was moved by the Lord Vinson that there be laid before the House papers relating to the regulations that affect the job creating potential of small firms; after debate, the motion was (by leave of the House) withdrawn.

17. Local Government Bill—The bill was reported from a Grand Committee with amendments; it was ordered that the bill be printed as amended. (HL Bill 58)

18. Road Traffic Regulation (Cycle Parking) Bill [HL]— The order of commitment was discharged.

19. Human rights—The Lord Lester of Herne Hill asked Her Majesty’s Government whether they will reconsider their refusal to make available the international remedies for breaches by the United Kingdom of the International Covenant on Civil and Political Rights (1996), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) and the International Convention on the Elimination of All Forms of Racial Discrimination (1966); after debate, the question was answered by the Lord Williams of Mostyn.

The House was adjourned at twenty-eight minutes past eight o’clock

till tomorrow, three o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

APPENDIX

Local Government Bill—The bill was further considered in a Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; it was ordered that the bill be reported with amendments.

CORRECTION

In division No. 2 on 11th May on the House of Lords Bill, L. Hunt of Kings Heath was a teller for the Not-Contents and not L. Hunt of Tanworth.

 
 
 
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© Parliamentary copyright 1999
Prepared: 13 may 1999