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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 15° Julii 1999

The House met at two o’clock.

PRAYERS were read by the Lord Bishop of Gloucester.

Judicial Business

1. Swiggs and others (Respondents) v. Nagarajan (A.P.) (Appellant)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 7th November 1997 be set aside save as to legal aid taxation and that the Orders of the Industrial Tribunal of 23rd June 1994 and 23rd August 1994 be restored; that the respondents do pay to the Appellant his 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 appellant in this House be taxed in accordance with the Legal Aid Act 1988.

2. Mann and others (Appellants) v. Secretary of State for Employment (Respondent)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 30th September 1996 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties, such costs to include provision for three counsel for each party.

3. Axis West Developments Limited (Appellants) v. Chartwell Land Investments Limited (Respondents) (Scotland)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Interlocutor of the First Division of the Court of Session of 14th November 1997 be affirmed and the appeal dismissed with the costs of the proceedings in this House, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the cause be remitted back to the Inner House of the Court of Session to deal with any question of expenses which may be outstanding.

4. Regina v. Bow Street Magistrates’ Court and Allison (Respondent) ex parte United States of America (Appellants) (On appeal from a Divisional Court of the Queen’s Bench Division)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the appeal be allowed; that the Order of the Divisional Court of 13th May 1998 be set aside; that the decision of Mr Evans, sitting at Bow Street Magistrates’ Court on 11th June 1997, to discharge the respondent on the first and second proposed charges be quashed; that the cause be remitted back to the Magistrates at Bow Street for re-consideration; and that there be no order as to costs.

5. Commissioner of Police for the Metropolis (Appellant) v. Reeves (A.P.) (Joint administratrix of the Estate of Martin Lynch, deceased) (Respondent)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 10th November 1997 be varied so that, in paragraph 2, for the figure “£8,690” there shall be substituted the figure “£4,345” and the words “in the sum of £400” shall be deleted; that the costs of the respondent in this House be paid by the appellant, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the respondent in this House be taxed in accordance with the Legal Aid Act 1988.

6. Appeal Committee—The 52nd 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—

    Hamilton (Respondent) v. Al Fayed (Petitioner)—That leave to appeal be given on terms that the petitioner do pay the respondent’s costs in any event and that the petition of appeal be lodged by 29th July next.

    Gibbs Mew plc (Respondents) v. Gemmel (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.

    Passmore (Petitioner) v. Morland plc 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.

    Inntrepreneur Pub Company (CPC) (formerly known as Inntrepreneur Pub Company (CPC) Limited) (Respondents) v. Langton (A.P.) (Petitioner) and another—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.

    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 leave to appeal be refused; and that the petitioners do pay to the respondents the costs of the petition, the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    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 leave to appeal be refused.

The House was adjourned during pleasure.

The House was resumed.

7. Lord Forsyth of Drumlean—The Right Honourable Sir Michael Bruce Forsyth, Knight, having been created Baron Forsyth of Drumlean in Stirling, for life by Letters Patent dated in the forenoon of 14th July 1999, was introduced between the Lord Harris of High Cross and the Baroness Thatcher, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

8. Baroness Warwick of Undercliffe—Miss Diana Mary Warwick, having been created Baroness Warwick of Undercliffe, in the County of West Yorkshire, for life by Letters Patent dated 10th July 1999, was introduced between the Baroness Symons of Vernham Dean and the Baroness Amos, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

Papers

9. Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:

    Long Term Care—Government Response to the 4th Report of the House of Commons Health Committee on Long Term Care.      (4414)

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

    Merchant Shipping (Marine Equipment) Regulations 1999, laid under the European Communities Act 1972.      (1957)

11. 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 Medicines Control Agency—

    (ii) the Central Office of Information—

    (iii) the Queen Elizabeth II Conference Centre—

    (iv) the Vehicle Inspectorate—

    together with the Reports of the Comptroller and Auditor General, laid under the Government Trading Funds Act 1973;

    2. Financial Statements for 1998-99 of the South Bank Centre, laid under the Local Government Act 1985;

    3. Report for 1998-99 of the English Tourist Board, laid under the Development of Tourism Act 1969;

    4. Reports for 1998 of the Medicines Act 1968 Advisory Bodies, laid under the Medicines Act 1968;

    5. Accounts for 1998-99 of the Scottish Higher Education Funding Council, together with the Report of the Comptroller and Auditor General, laid under the Further and Higher Education (Scotland) Act 1992;

    6. Report and Accounts for 1998-99 of the Duke of York’s Royal Military School, together with the Report of the Comptroller and Auditor General, laid under the Exchequer and Audit Departments Act 1921;

    7. Accounts for 1998-99 of the Countryside Council for Wales, together with the Report of the Comptroller and Auditor General, laid under the Environmental Protection Act 1990;

    8. Report for 1998-99 of the National Disability Council, laid under the Disability Discrimination Act 1995;

    9. Report 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.

Public Business

12. Company and Business Names (Chamber of Commerce, Etc.) Bill—The order of commitment was discharged.

13. Consolidated Fund (Appropriation) Bill (Money Bill)—It was moved by the Lord McIntosh of Haringey that the bill be now read a second time; the motion was agreed to and the Committee was negatived; then, Standing Order 44 having been dispensed with, the bill was read a third time and passed.

14. Trustee Delegation Bill [HL]—The bill was returned from the Commons agreed to.

15. Commonwealth Development Corporation Bill [HL]—The bill was returned from the Commons agreed to with amendments and with a privilege amendment; it was ordered that the Commons amendments be printed. (HL Bill 83)

16. Pollution Prevention and Control Bill [HL]—The bill was returned from the Commons agreed to with amendments and with a privilege amendment; it was ordered that the Commons amendments be printed. (HL Bill 84)

17. Employment Relations Bill—The bill was read a third time; amendments were agreed to; amendments were disagreed to (see division lists 1 and 2); an amendment was moved and (by leave of the House) withdrawn; then the bill was passed and returned to the Commons with amendments.

18. Local Government Bill—The bill was read a third time; amendments were moved and (by leave of the House) withdrawn; an amendment was disagreed to (see division list 3); then the bill was passed and returned to the Commons with amendments.

19. Royal Assent—The Lord Speaker (Baroness Serota) notified the Queen’s Assent to the following Acts:

Appropriation Actc.13
Protection of Children Actc.14
Trustee Delegation Actc.15

20. Adoption (Intercountry Aspects) Bill—The order of commitment was discharged.

21. Football (Offences and Disorder) Bill—It was moved by the Lord Archer of Weston-Super-Mare 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.

22. National Health Service (General Medical Services) Amendment (No. 2) Regulations 1999—It was moved by the Earl Howe that an Humble Address be presented to Her Majesty praying that the Regulations, laid before the House on 10th June, be annulled (S.I. 1999/1627); after debate, the motion was (by leave of the House) withdrawn.

The House was adjourned at half-past eight o’clock

till tomorrow, eleven o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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© Parliamentary copyright 1999
Prepared: 16 july 1999