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Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Jovis 8° Julii 1999

The House met at two o’clock.

PRAYERS were read by the Lord Bishop of Ely.

Judicial Business

1. Murray and another (A.P.) (Appellants) v. Foyle Meats Limited (Respondents) (Northern Ireland)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal in Northern Ireland of 24th October 1997 be affirmed and the appeal dismissed; that the costs of the respondents in this House be paid out of the Legal Aid Fund, in accordance with Article 16 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, such order to be suspended for four weeks to allow the Legal Aid Board to object if they wish; and that the costs of the appellants be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.

2. Regina v. Secretary of State for the Home Department (Respondent) ex parte Simms (A.P.) (Appellant)—

3. Regina v. Secretary of State for the Home Department (Respondent) ex parte O’Brien (A.P.) (Appellant)—

    (Consolidated Appeals)—

The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 4th December 1997 be set aside save as to legal aid taxation and that the Orders of Mr Justice Latham of 19th December 1996 be restored; that it be declared that “the Secretary of State for the Home Department’s current policy, that prisoners have no right to have oral interviews with journalists, is unlawful; and that the Governors’ administrative decisions pursuant to that policy are also unlawful”; that the Cause be remitted back to the Queen’s Bench Division to do therein as shall be just and consistent with this Judgment and the Opinions expressed in this House; that the respondent do pay to the appellants their costs 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 appellants in this House be taxed in accordance with the Legal Aid Act 1988.

4. Regina v. Royal Borough of Kensington and Chelsea (Appellants) ex parte Lawrie Plantation Services Limited (Respondents)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 14th January 1998 and the Order of Mr Robin Purchas, QC, of 28th February 1997 be set aside; that it be declared that “the issue of the breach of condition notices in respect of flats 8 and 9, Crown Lodge, 12 Elystan Street, London SW3 under section 187A of the Town and Country Planning Act 1990 on 12th and 16th July 1996 was valid”; and that the respondents do pay to the appellants their costs before Mr Purchas, 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.

5. Brown (A.P.) (Appellant) v. Rentokil (Respondents) (Scotland)—The order of recommitment of 5th May last was discharged. The Cause was further considered, pursuant to the Order of the House of 28th November 1996 whereby certain questions were referred to the Court of Justice of the European Communities; the Judgment of that Court having been given on 30th June 1998, it was ordered and adjudged that the appeal be allowed and that the Interlocutor of the Inner House of the Court of Session of 18th January 1995 be recalled; that the Order of the Employment Appeal Tribunal of 23rd March 1992 and the decision of the Industrial Tribunal of 25th July 1991 be set aside; that the Cause be remitted back to the Court of Session to proceed as accords in accordance with the Judgment of the Court of Justice of the European Communities; that the respondents do pay to the appellant her expenses in the Court of Session, below, before the Court of Justice of the European Communities 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.

6. Regina v. Bartle and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—

7. Regina v. Evans and another and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—

The Cause was further considered; it was ordered that there be no order as to costs in the Divisional Court; that, having considered the written submissions of the parties and the exceptional circumstances of the proceedings, the costs incurred by Senator Pinochet in respect of the Orders of this House of 25th November last and 17th December last be paid out of Central Funds in accordance with section 16 of the Prosecution of Offences Act 1985, the costs in respect of the last mentioned Order to be paid on an indemnity basis, the amounts thereof to be certified by the Clerk of the Parliaments; and that there be no order as to costs in respect of the Order of this House of 24th March last.

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. Finance—Government Response to the House of Commons Environment, Transport and Regional Affairs Committee Report on Local Government Finance;    (4402)

    2. Post Office—Post Office Reform: A World Class Service for the 21st Century: Government proposals.    (4340)

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

    1.      Draft Films (Modification of the Definition of “British Film”) Order 1999;

    2.      Draft Financial Services Act 1986 (Restriction of Exemptions) Order 1999.

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

    1. Town and Country Planning (Trees) Regulations 1999, laid under the Town and Country Planning Act 1990;      (1892)

    2. (i)      Rail Vehicle Accessibility (Anglia Railways Class 170/2 Vehicles) Exemption Order 1999—      (1931)

    (ii) Rail Vehicle Accessibility (Central Trains Class 170/5) Vehicles) Exemption Order 1999—      (1932)

    laid under the Disability Discrimination Act 1995;

    3. Merchant Shipping (Fees) (Amendment No. 2) Regulations 1999, laid under the Merchant Shipping Act 1995;      (1923)

    4. Postal Privilege (Suspension) Order 1999, laid under the British Telecommunications Act 1981;      (1933)

    5. (i)      Education (Education Standards Etc. Grants) (England) Regulations 1999 (Amendment) Regulations 1999—      (1955)

    (ii) Education (Parent Governor Representatives) Regulations 1999—      (1949)

    (iii) Education (Parent Governor Representatives) (Wales) Regulations 1999—      (1900)

    laid under the Education Act 1996;

    6. (i)      National Health Service (Functions of Health Authorities and Administration Arrangements) Amendment (Wales) Regulations 1999—      (1902)

    (ii) Health Authorities (Membership and Procedure) Amendment (Wales) Regulations 1999—      (1901)

    laid under the National Health Service Act 1997.

11. 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 Post Office Users Council for Scotland, laid under the Post Office Act 1969;

    2.      Lottery Distribution Account for 1998-99 of the National Heritage Memorial Fund Heritage Lottery Fund, together with the Report of the Comptroller and Auditor General, laid under the National Lottery etc. Act 1993;

    3.      Accounts for 1998-99 of the National Heritage Memorial Fund, together with the Report of the Comptroller and Auditor General, together with the Report of the Comptroller and Auditor General, laid under the National Heritage Act 1980;

    4.      Report for 1996-97 of the Ministry of Agriculture, Fisheries and Food on Smallholdings in England, laid under the Agriculture Act 1970.

    5.      Report and Accounts for 1998-99 of the Defence Evaluation and Research Agency, together with the Report of the Comptroller and Auditor General, laid under the Government Trading Funds Act 1973.

Private Business

12. Kent County Council Bill [HL]—The petition against the bill from Ashford Cattle Market Company Limited (No.1) was withdrawn; the order made on 18th February last was discharged and the bill was committed to an Unopposed Bill Committee.

Public Business

13. Immigration and Asylum Bill—It was moved by the Lord Williams of Mostyn that it be an instruction to the Committee of the Whole House to whom the Immigration and Asylum Bill has been committed that they consider the bill in the following order:

Clauses 1 to 34

Schedule 1

Clauses 35 to 46

Schedule 2

Clause 47

Schedule 3

Clause 48

Schedule 4

Clauses 49 to 73

Schedule 5

Clauses 74 and 75

Schedule 6

Clauses 76 and 77

Schedule 7

Clauses 78 to 85

Schedule 8

Clauses 86 to 93

Schedule 9

Clauses 94 to 144

Schedule 10

Clause 145

Schedule 11

Clause 146

Schedule 12

Clauses 147 to 158

Schedules 13 to 15;

    the motion was agreed to.

14. Academic and Academic-Related Staff Pay and Conditions Bill [HL]—The bill was read a third time; a privilege amendment was agreed to; then the bill was passed and sent to the Commons.

15. Employment Relations Bill—The report was received; amendments were agreed to; an amendment was disagreed to (see division list); amendments were moved and (by leave of the House) withdrawn; it was ordered that the bill be printed as amended. (HL Bill 79)

16. Ministerial and other Salaries Order 1999—It was moved by the Lord Carter, on behalf of the Baroness Jay of Paddington, that the draft Order laid before the House on 29th June be approved; after debate, the motion was agreed to.

The House was adjourned at fourteen minutes before ten o’clock

till tomorrow, eleven o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 9 july 1999