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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 24° Junii 1999

The House met at two o’clock.

PRAYERS were read by the Lord Bishop of Bristol.

Judicial Business

1. Regina v. Oxfordshire County Council and others (Respondents) ex parte Sunningwell Parish Council (Appellants)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 24th November 1997 be set aside; that it be declared that “Sunningwell Glebe is a village green within the meaning of the Commons Registration Act 1965”; that Oxfordshire County Council be directed to amend the commons register accordingly; and that the second Respondents do pay to the Appellants their costs before Mr Justice McCullough and Mr Justice Buxton, 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.

2. Piglowska (A.P.) (Appellant) v. Piglowski (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 3rd November 1997 be set aside save as to legal aid taxation and that the Order of Judge Pearlman of 25th November 1996 be restored; and that the question of costs be adjourned until further order.

3. Bruton (A.P.) (Appellant) v. London and Quadrant Housing Trust (Respondents)—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 and the Order of Judge James of 28th June 1996 be set aside, save as to legal aid taxation; that it be declared that “the Appellant was a tenant of premises known as 2 Oval House, Rushcroft Road, London SW2 1JU”; that the Respondents do pay to the Appellant his costs before Judge James, 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.

4. In re D (Petitioner)—The petition of D praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.

5. Piglowska (A.P.) (Appellant) v. Piglowski (A.P.) (Respondent)—The respondent’s legal aid certificate was lodged.

6. Appeal Committee—The 43rd Report from the Appeal Committee was agreed to and the following Orders were made:

    MCC Proceeds Inc.(Incorporated under the laws of the State of Delaware as Trustee of The Maxwell Macmillan Realisation Liquidating Trust (Respondents) v. Bishopsgate Investment Trust plc and others (Petitioners)—That the petition be referred for hearing.

    MCC Proceeds Inc (incorporated under the laws of the state of Delaware as trustee of The Maxwell Macmillan Realization Liquidating Trust) (Petitioners) v. Bishopsgate Investment Trust plc and others (Respondents)—That the petition be referred for hearing.

    Companhia Europeia de Transportes Aeros SA (a foreign corporation) (Petitioner) v. British Aerospace Public Limited Company 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.

    Ratcliff (A.P.) (Petitioner) v. G R McConnell and another (sued on their own behalf and on behalf of all other Governors of Harper Adams College) (Respondents)—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.

    Sanctuary Housing Association (Petitioners) v. Baker (Respondent)—That leave to appeal be refused.

    Hamilton (Respondent) v. Al Fayed (Petitioner)—That the respondent be invited to lodge objections by 8th July next.

    In re D (Petitioner)—That leave to appeal be refused.

7. Appeal Committee—The 44th Report from the Appeal Committee was agreed to and the following Order was made:

    Hurst (Appellant) v. Bryk and others (Respondents)—That 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 be allowed.

The House was adjourned during pleasure.

The House was resumed.

Papers

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

    1. Prisons—Report for 1st January 1998-31st March 1999 of the Prisons Ombudsman;      (4369)

    2. Cloning—Government response to the Report by the Human Genetics Advisory Commission and the Human Fertilisation and Embryology Authority on Cloning Issues in Reproduction, Science and Medicine;    (4387)

    3. Judicial Statistics—Judicial Statistics for 1998 for England and Wales.    (4371)

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

    1. (i)      Merchant Shipping (Minimum Standards of Safety Communications) (Amendment) Regulations 1999—      (1704)

    (ii) Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999—      (1783)

    (iii) Federal Republic of Yugoslavia (Freezing of Funds and Prohibition of Investment) Regulations 1999—      (1786)

    laid under the European Communities Act 1972;

    2. Food (Peanuts from Egypt) (Emergency Control) Order 1999, laid under the Food Safety Act 1990.      (1800)

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

    1. Report for 1998-99 of the Legal Aid Board, laid under the Legal Aid Act 1988;

    2. Report and Financial Statement for 1998 of the S4C Authority, laid under the Broadcasting Act 1990;

    3. Accounts for 1997-98 of the Audit Commission for Local Authorities and the National Health Service in England and Wales, together with the Report of the Comptroller and Auditor General, laid under the Audit Commission Act 1998;

    4. (i)      Accounts for 1998, together with the Report of the Comptroller and Auditor General—

    (ii) Report for 1998 by the Chairman—

    of the Crown Agents Holding and Realisation Board, laid under the Crown Agents Act 1979;

    5. Accounts for 1998-99 of the Criminal Cases Review Commission, together with the Report of the Comptroller and Auditor General, laid under the Criminal Appeal Act 1995;

    6. Report and Accounts for 1998-99 of the Commission for Racial Equality for Northern Ireland, laid under the Race Relations (Northern Ireland) Order 1997;

    7. Accounts for 1997-98 of the Greenwich Hospital and Travers Foundation, laid under the Greenwich Hospital Act 1865.

Private Business

11. Baxi Partnership Limited Trusts Bill [HL]—The bill was reported from the Unopposed Bill Committee with amendments.

12. HFC Bank Bill—The bill was read a third time and passed.

Public Business

13. Business of the House—It was moved by the Baroness Jay of Paddington that Standing Order 70 (Affirmative Instruments) be dispensed with to enable the motion to approve the draft Prevention of Terrorism (Temporary Provisions) Act 1989 (Revival of Parts IVA and IVB) Order 1999 to be taken today, notwithstanding that no report from the Joint Committee on Statutory Instruments on the draft Order has been laid before the House; the motion was agreed to.

14. Committee for Privileges—It was moved by the Chairman of Committees that the Viscount Cranborne be appointed a member of the Select Committee in the place of the Viscount Whitelaw; the motion was agreed to.

15. Water Industry Bill—The Queen’s and Prince of Wales’ Consents were signified; the bill was read a third time; an amendment was disagreed to (see division list); then the bill was passed.

16. Welfare Reform and Pensions 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.

17. Prevention of Terrorism (Temporary Provisions) Act 1989 (Revival of Parts IVA and IVB) Order 1999—Standing Order 70 having been dispensed with, it was moved by the Lord Williams of Mostyn that the draft Order laid before the House on 23rd June be approved; after debate, the motion was agreed to.

The House was adjourned during pleasure.

The House was resumed.

18. Welfare Reform and Pensions Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed after clause 10 stood part.

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

till tomorrow, eleven o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 25 june 1999