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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 14° Julii 1999

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

PRAYERS were read by the Lord Bishop of Gloucester.

Judicial Business

1. London Borough of Bromley (Petitioners) v. Special Education Needs Tribunal (Respondents) and others—The petition of the London Borough of Bromley praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

2. Lafarge Redland Aggregates Limited (formerly Redland Aggregates Limited) (Respondents) v. Shephard Hill Civil Engineering Limited (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee.

3. Barclays Bank plc (Respondents) v. Harris and another (A.P.) (Appellant)—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 30th August next or to the third sitting day after the next ensuing meeting of the House (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

4. Appeal Committee—The 51st Report was made; the Appeal Committee reported that they had met and had heard Counsel; the report was agreed to and the following Orders were made—

    White (A.P.) (Petitioner) v. White and the Motor Insurers Bureau (Respondents)—That leave to appeal be given, and that the petition of appeal be lodged by 28th July next.

    Government of the United States of America (Respondents) v. Montgomery and another (Petitioners)—That leave to appeal be given on terms that the appeal be confined to the grounds identified in paragraph 14A and B of the petition for leave to appeal, and that the petition of appeal be lodged by 28th July next.

    Eastbourne Town Radio Cars Association (Petitioners) v. Commissioners of Customs and Excise (Respondents)—That leave to appeal be given, and that the petition of appeal be lodged by 28th July next.

Papers

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

    1. Pollution—Agreement for Co-operation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances;      (4397)

    2. Social Security—Report for 1998-99 by the Secretary of State for Social Security on the Social Fund.      (4351)

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

    Draft Jobseeker’s Allowance Amendment (New Deal) Regulations 1999.

7. Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:

    Patent Office (Address) (Revocation) Rules 1999, laid under the Registered Designs Act 1949.      (1993)

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

    1. Report and Accounts for 1998-99 of:

    (i) the Information Technology Services Agency—

    (ii) the Benefits Agency—

    (iii) the Ordnance Survey of Northern Ireland—

    (iv) the War Pensions Agency—

    (v) the Contributions Agency—

    (vi) the Child Support Agency—

    (vii) the Valuation Office—

    together with the Reports of the Comptroller and Auditor General, laid under the Exchequer and Audit Departments Act 1921;

    2. Accounts for 1998-99 of the Highlands and Islands Enterprise Network, together with the Report of the Comptroller and Auditor General, laid under the Enterprise and New Towns (Scotland) Act 1990;

    3. (i)      Report—

    (ii) Accounts—

    for 1998-99 of the Crown Estate, laid under the Crown Estate Act 1961;

    4. Account for 1998-99 of the English Sports Council Lottery Distribution, together with the Report of the Comptroller and Auditor General, laid under the National Lottery etc. Act 1993;

    5. Accounts for 1998-99 of the National Debt Commissioners’ Gilt-edged Official Operations, together with the Report of the Comptroller and Auditor General, laid under the Finance Act 1993;

    6. Report for 1998-99 of the English National Board for Nursing, Midwifery and Health Visiting, laid under the Nurses, Midwives and Health Visitors Act 1997;

    7. Accounts for 1998-99 of the Engineering and Physical Sciences Research Council (EPSRC), together with the Report of the Comptroller and Auditor General, laid under the Science and Technology Act 1965;

    8. Report for 1998-99 of the Gaming Board for Great Britain, laid under the Gaming Act 1968;

    9. Report for 1998-99 of the Welsh Language Board, laid under the Welsh Language Act 1993.

Select Committee Report

9. Delegated Powers and Deregulation—The following report from the Select Committee was made and ordered to be printed:

    25th Report, on the Northern Ireland Bill. (HL Paper 89)

Public Business

10. Business of the House—It was moved by the Baroness Jay of Paddington that in the event that one or more statutory instruments relating to Northern Ireland are laid before the House tomorrow or on Friday next, a motion or motions to approve them may, notwithstanding the practice of the House, be moved that day without notice; and that Standing Order 70 (Affirmative Instruments) be dispensed with to enable the motion or motions to be taken, notwithstanding that no report from the Joint Committee on Statutory Instruments on the instruments has been laid before the House; the motion was agreed to.

11. Northern Ireland Bill—A bill to make provision for the suspension in certain circumstances of devolved government in Northern Ireland and the exercise of certain functions conferred by or under Part V of the Northern Ireland Act 1998; and for connected purposes, having been brought from the Commons earlier this day and printed pursuant to Standing Order 48, was read a first time; the Queen’s Consent was signified; then, Standing Order 44 having been dispensed with, it was moved by the Lord Dubs 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.

12. Northern Ireland Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 82-EN)

13. Northern Ireland Act 1974 (Interim Period Extension) Order 1999—It was moved by the Lord Dubs that the draft Order laid before the House on 7th July be approved; after debate, the motion was agreed to.

14. Consolidated Fund (Appropriation) Bill—A bill to apply a sum out of the Consolidated Fund to the service of the year ending on 31st March 2000; to appropriate the supplies granted in this Session of Parliament; and to repeal certain Consolidated Fund and Appropriation Acts was brought from the Commons endorsed with the certificate of the Speaker that the bill is a money bill and read a first time.

15. Access to Justice Bill [HL]—The Commons amendments were considered; certain Commons amendments were agreed to; another Commons amendment was disagreed to (see division list); certain other Commons amendments were disagreed to; a Committee was appointed to propose reasons for such disagreement.

    The Lords following were named of the Committee:

    Falconer of Thoroton, L.

    Kingsland, L.

    Thomas of Gresford, L.

    The Committee reported that they had proposed the following reason in relation to Commons amendments 27 to 30:

    “Because it is not appropriate for the Legal Services Commission itself to provide advice, assistance or representation to individuals involved in criminal investigations or criminal proceedings.”

    and the following reason in relation to Commons amendment 31:

    “Because an individual who has been provided with advice or assistance funded by the Commission under section 14 should not be taken to have selected as his representative pursuant to that right the person who provided the advice or assistance.”

    The Report was agreed to; another Commons amendment was agreed to with an amendment; the remaining Commons amendments were agreed to; then the bill was returned to the Commons with the reasons and amendment.

The House was adjourned at eight minutes past midnight

in the morning of Thursday 15th July till later the same day,

two o’clock in the afternoon for judicial business, three o’clock for public business.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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© Parliamentary copyright 1999
Prepared: 15 july 1999