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Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Jovis 17° Junii 1999

The House met at two o’clock.

PRAYERS were read by the Lord Bishop of Ripon.

Judicial Business

1. Barrett (A.P.) (Appellant) v. London Borough of Enfield (Respondents)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 25th March 1997 and the Order of Judge Brandt of 30th April 1996 be set aside save as to legal aid taxation; that the Order of Judge Skerratt of 4th March 1996 dismissing the application to strike out be restored; that the cause be remitted to the District Judge for further directions as to the service of a defence; that the respondents do pay to the appellant his costs before Judge Brandt and District Judge Skerratt, 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.

2. McKnight (Her Majesty’s Inspector of Taxes) (Appellant) v. Sheppard (Respondent)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 7th May 1997 be affirmed and the appeal dismissed with costs, the amount thereof costs to be certified by the Clerk of the Parliaments if not agreed between the parties.

3. Van Den Brom (A.P.) (Petitioner) v. Scott (Respondent)—The petition of Robert Van Den Brom praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.

4. Regina v. Naini (Petitioner)—The petition of Jamshid Hashemi Naini, praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Criminal Appeal Act 1968, was presented and referred to an Appeal Committee.

5. Hurst (Appellant) v. Bryk and others (Respondents)—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 1st July next (the 19th respondent not consenting thereto) was presented and referred to an Appeal Committee.

The House was adjourned during pleasure.

The House was resumed.

6. Oath—Francis Vere Hampden Viscount Margesson took and subscribed the oath pursuant to statute.

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. Armed Forces—Supplement to the 28th Report of the Armed Forces’ Pay Review Body: Service Medical and Dental Officers;      (4313)

    2. Communications—Report for 1998 of the Interception of Communications Commissioner;      (4364)

    3. Security Services—Report for 1998 of the Commissioner for the Security Service Act 1989;      (4365)

    4. Intelligence Services—Report for 1998 of the Commissioner for the Intelligence Services.      (4361)

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

    1. Tollesbury and Mersea (Blackwater) Fishery Order 1999, laid under the Sea Fisheries (Shellfish) Act 1967;      (1708)

    2. Energy Information (Dishwashers) Regulations 1999, laid under the European Communities Act 1972.      (1676)

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

    1. List of Exceptions to the Navy Regulations as to Pensions during the Financial Year 199899 which have been sanctioned by HM Treasury under the Dispensing Order of 19th December 1881, laid under that Order;

    2. List of Exceptions to the Army Regulations as to Pensions during the Financial Year 199899 which have been sanctioned by HM Treasury under the Dispensing Warrant of 27th October 1884, laid under that Warrant;

    3. List of Exceptions to the Air Force Regulations as to Pensions during the Financial Year 199899 which have been sanctioned by HM Treasury under the Dispensing Order of 14th January 1922, laid under that Order;

    4. Accounts for 199899 of the Occupational Pensions Regulatory Authority, together with the Report of the Comptroller and Auditor General, laid under the Pensions Act 1995;

    5. Financial Statements for 199899 of the Duchy of Cornwall, laid under the Duchies of Lancaster and Cornwall (Accounts) Act 1838.

Public Business

10. Immigration and Asylum Bill—A bill to make provision about immigration and asylum; to make provision about procedures in connection with marriage on superintendent registrar’s certificate; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 71)

11. Welfare Reform and Pensions Bill—It was moved by the Baroness Hollis of Heigham that it be an instruction to the Committee of the Whole House to whom the Welfare Reform and Pensions Bill has been committed that they consider the bill in the following order:

    Clauses 1 to 6

    Schedule 1

    Clauses 7 to 18

    Schedule 2

    Clause 19

    Schedule 3

    Clauses 20 and 21

    Schedule 4

    Clauses 22 to 31

    Schedule 5

    Clauses 32 to 46

    Schedule 6

    Clauses 47 to 54

    Schedule 7

    Clauses 55 to 65

    Schedule 8

    Clauses 66 to 69

    Schedules 9 and 10

    Clauses 70 to 76

    Schedule 11

    Clauses 77 to 79

    Schedule 12

    Clauses 80 to 82

    Schedule 13

    Clauses 83 to 85;

      the motion was agreed to.

    12. Freedom of Information—It was moved by the Chairman of Committees that a Select Committee be appointed to report on the draft Freedom of Information Bill published in the Command paper entitled Freedom of Information: consultation on draft legislation on 24th May 1999 (Cm 4355);

      That, as proposed by the Committee of Selection, the following Lords be named of the Committee:

    L. Archer of Sandwell (Chairman)

    L. Bach

    E. Caithness

    V. Colville of Culross

    B. Crawley

    L. Dean of Harptree

    L. Freeman

    L. Goodhart

    L. Lucas

    L. McNally

    L. Morris of Castle Morris;

      That the Committee have leave to report from time to time;

      That the Committee have power to appoint specialist advisers;

      That the Committee have power to adjourn from place to place;

      That the minutes of evidence taken before the Committee from time to time shall if the Committee think fit be printed and delivered out;

      That the Committee shall report by 29th July 1999; and

      That the Committee do meet on Tuesday 22nd June at 10 am in Committee Room 4;

      the motion was agreed to.

    13. Health Bill [HL]—The Commons amendments were considered; certain Commons amendments were agreed to; a motion that the House do disagree with a Commons amendment was withdrawn; the remaining amendments were agreed to; and the privilege amendment was agreed to.

    14. Local Government Bill—The report was received; amendments were moved and (by leave of the House) withdrawn; amendments were disagreed to (see division lists 1 and 2); amendments were agreed to; it was ordered that the bill be printed as amended. (HL Bill 72)

    15. Scottish Parliament (Assistance for Registered Political Parties) Order 1999—

    16. Scottish Parliament (Modifications of Schedules 4 and 5) Order 1999—

    17. Scottish Parliament (Transfer of Functions to the Scottish Ministers etc.) Order 1999—

    18. Scottish Parliament (Border Rivers) Order 1999—

    19. Scottish Parliament (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999—

    20. Scottish Parliament (Functions Exercisable in or as Regards Scotland) Order 1999—

    21. Scottish Parliament (Modification of Functions) Order 1999—

    22. Scottish Parliament (Consequential Modifications) (No. 2) Order 1999—

      It was moved by the Lord Sewel that the eight draft Orders laid before the House on 26th May be approved en bloc; after debate, the motion was agreed to.

    The House was adjourned at thirteen minutes before eleven o’clock

    till tomorrow, eleven o’clock.

    MICHAEL DAVIES

    Cler: Parliamentor:

     
     
     
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    © Parliamentary copyright 1999
    Prepared: 18 june 1999