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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 Martis 20° Julii 1999

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

PRAYERS were read by the Lord Bishop of Hereford.

1. The Lord Faulkner of Worcester—Richard Oliver Faulkner Esquire, having been created Baron Faulkner of Worcester, of Wimbledon in the London Borough of Merton, for life by Letters Patent dated in the afternoon of 14th July 1999, was introduced between the Lord Cledwyn of Penrhos and the Lord Carter, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

2. The Lord Brett—William Henry Brett Esquire, having been created Baron Brett, of Lydd in the County of Kent, for life by Letters Patent dated in the afternoon of 20th July 1999, was introduced between the Baroness Symons of Vernham Dean and the Lord Brooke of Alverthorpe, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

Judicial Business

3. Morgans (Appellant) v. Director of Public Prosecutions (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—The appeal of Stephen Morgans was presented and ordered to be prosecuted subject to the procedures applicable thereto.

4. Three Rivers District Council and others (Original Appellants and Cross-respondents) v. Governor and Company of the Bank of England (Original Respondents and Cross-appellants)—The petition of the original appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 31st August next or to the third sitting day after the next ensuing meeting of the House (the agents for the original respondents consenting thereto) was presented; and it was ordered as prayed.

5. Arthur J S Hall & Co (Appellants) v. Simons (A.P.) (Respondent)—The petition of the appellants 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 respondent consenting thereto) was presented; and it was ordered as prayed (lodged 16th July).

6. Cockbone (Respondent) v. Atkinson Dacre and Slack (a firm) (Appellants)—The petition of the appellants 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 respondent not consenting thereto) was presented; and it was referred to an Appeal Committee (lodged 16th July).

7. Barratt (Respondent) v. Ansell and others (trading as Woolf Seddon (a firm)) (Appellants)—The petition of the appellants 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 respondent consenting thereto) was presented; and it was ordered as prayed (lodged 16th July).

8. Harris (Respondent) v. Scholfield Roberts & Hill (a firm) (Appellants) and others—The petition of the appellants 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 respondent consenting thereto) was presented; and it was ordered as prayed (lodged 16th July).

9. Johnson (A.P.) (Appellant) v. Gore Wood & Co (a firm) (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 six weeks after the determination of the petition for leave to cross appeal (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

10. Garner (Her Majesty’s Inspector of Taxes) (Respondent) v. Pounds Shipowners and Shipbreakers Limited (Appellants) and one other action—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 31st August next or to the third sitting day after the next ensuing meeting of the House (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

11. Three Rivers District Council and others (Appellants) v. Governor and Company of the Bank of England (Respondents) (Second Appeal)—The petition of the appellants, praying that the appeal be restored and that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 31st 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.

12. Union Carbide Corporation (a body corporate) (Respondents) v. B P Chemicals Limited (Petitioners)—Upon application by the petitioners (the agents for the respondents consenting thereto), it was ordered that the petition be withdrawn and that there be no order as to costs.

13. Magill (Appellant) v. Porter (Respondent)—It was ordered that the appellant be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.

14. Magill (Appellant) v. Weeks (Respondent)—It was ordered that the appellant be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.

15. Appeal Committee—The following Order was made pursuant to the 40th Report:

    Birmingham City Council (Petitioners) v. Oakley (A.P.) (Respondent)—That leave to appeal be given, and that the petition of appeal be lodged by 3rd August next.

16. Appeal Committee—The 53rd Report from the Appeal Committee was agreed to and the following Order was made—

    In re P (a minor) and others (Petitioners)—That leave to appeal be refused.

17. Appeal Committee—The 54th Report from the Appeal Committee was agreed to and the following Orders were made—

    Rembrandt Group Limited (Petitioners) v. Philip Morris International Incorporated (Respondents)—That the respondents be invited to lodge objections by 3rd August next.

    Anderton (A.P.) (by her mother and next friend) (Petitioner) v. Clwyd County Council (Respondents)—That the respondents be invited to lodge objections by 3rd August next.

    Regina v. The Family Health Services Appeal Authority and Boots the Chemists (Respondents) ex parte E Moss Limited (Petitioner)—That the respondents be invited to lodge objections by 3rd August next.

    Paragon Finance plc (formerly known as National Home Loans plc) and others (Respondents) v. Freshfields (a Firm) (Petitioners)—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.

    Regina v. Secretary of State for the Home Department (Petitioner) ex parte Gashi (A.P.) (Respondent)—That the respondent be invited to lodge objections by 3rd August next.

    Saleslease Limited (Petitioners) v. Davis (Respondent)—That leave to appeal be refused; that the respondent be at liberty to apply for his 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.

Papers

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

    Competition Commission—A report on the proposed merger of British Airways plc and CityFlyer Express Limited.      (4346)

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

    1. Education (Grants in respect of Voluntary Aided Schools) Regulations 1999, laid under the School Standards and Framework Act 1998;      (2020)

    2. Animal Feedingstuffs from Belgium (Control) (England and Wales) Regulations 1999, laid under the European Communities Act 1972;      (2026)

    3. Food (Animals and Animal Products from Belgium) (Emergency Control) (England and Wales) Order 1999, laid under the Food Safety Act 1990.      (2025)

20. 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 Scottish Court Service—

    (ii) the Ordnance Survey—

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

    2. Report for 1998-99 of the Welsh Development Agency, laid under the Welsh Development Agency Act 1975;

    3. Report for 1998-99 of the National Lottery Commission, laid under the National Lottery etc. Act 1993;

    4. Report and Accounts for 1998-99 of British Waterways, laid under the Transport Act 1962;

    5. Report of the Law Commission and the Scottish Law Commission on Trustees’ Powers and Duties, laid under the Law Commissions Act 1965;

    6. West Midlands (Coroners’ Districts) (Amendment) Order 1999, laid under the Coroners Act 1988;      (1990)

    7. Report for 1999 of the Sentence Review Commissioners, laid under the Northern Ireland (Sentences) Act 1998;

    8. Account for 1998-99 of the English National Board for Nursing, Midwifery and Health Visiting, together with the Report of the Comptroller and Auditor General, laid under the Nurses, Midwives and Health Visitors Act 1997;

    9. Report for 1998-99 of the Biotechnology and Biological Sciences Research Council, laid under the Science and Technology Act 1965;

    10. Revenue and Capital Accounts for 1998-99 of the Duchy of Lancaster, laid under the Duchies of Cornwall and Lancaster Act 1838;

    11. Accounts for 1998-99 of the Welsh Development Agency, together with the Report of the Comptroller and Auditor General, laid under the Welsh Development Agency Act 1975;

    12. Accounts for 1998-99 of the Development Board for Rural Wales, together with the Report of the Comptroller and Auditor General, laid under the Development of Rural Wales Act 1976;

    13. Accounts for 1998 of the Land Authority for Wales, together with the Report of the Comptroller and Auditor General, laid under the Local Government, Planning and Land Act 1980;

    14. Accounts for 1998-99 of:

    (i) the Further Education Funding Council for England—

    (ii) the Higher Education Funding Council for England—

    together with the Reports of the Comptroller and Auditor General, laid under the Further and Higher Education Act 1992;

    15. Accounts for 1998-99 of Scottish Homes, together with the Report of the Comptroller and Auditor General, laid under the Housing (Scotland) Act 1988;

    16. Accounts for 1998-99 of the Funding Agency for Schools, together with the Report of the Comptroller and Auditor General, laid under the Funding Agency for Schools Act 1996;

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

    18. Accounts for 1998-99 of the National Radiological Protection Board, together with the Report of the Comptroller and Auditor General, laid under the Radiological Protection Act 1970;

    19. Accounts for 1998-99 of the British Library Board, together with the Report of the Comptroller and Auditor General, laid under the British Library Act 1972.

Select Committee Reports

21. Statutory Instruments—The 26th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

      Draft Courses for Drink-Drive Offenders (Experimental Period) (Termination of Restrictions) Order 1999;

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

    it was ordered that the Report be printed. (HL Paper 91)

22. European Communities—The following Reports from the Select Committee were made and ordered to be printed:

    Taxes in the EU: can co-ordination and competition co-exist?, together with the Minutes of Evidence; (15th Report-HL Paper 92)

    Organic Farming and the European Union, together with the Minutes of Evidence; (16th Report-HL Paper 93)

    Correspondence with Ministers. (17th Report-HL Paper 94)

Public Business

23. Business of the House—It was moved by the Lord Carter, on behalf of the Baroness Jay of Paddington, that Standing Order 44 (No two stages of a Bill to be taken on one day) be dispensed with on Friday next to allow the Finance Bill to be taken through its remaining stages that day; the motion was agreed to.

24. Adoption (Intercountry Aspects) Bill—The bill was read a third time and passed.

25. Genetically Modified Crops Bill [HL]—The bill was read a third time and passed and sent to the Commons.

26. 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; an amendment was agreed to; the House was resumed.

27. Meat Hygiene Service—The Lord Stoddart of Swindon asked Her Majesty’s Government whether they are satisfied with the performance and effectiveness of the Meat Hygiene Service; after debate, the question was answered by the Lord Donoughue.

28. 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 and the bill was reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 86)

The House was adjourned at thirteen minutes before midnight

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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© Parliamentary copyright 1999
Prepared: 21 july 1999