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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 21° Julii 1999

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

PRAYERS were read by the Lord Bishop of Hereford.

1. Lord Lea of Crondall—David Edward Lea Esquire, OBE, having been created Baron Lea of Crondall, of Crondall in the County of Hampshire, for life by Letters Patent dated in the forenoon of 20th July 1999, was introduced between the Lord McCarthy and the Lord Murray of Epping Forest, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

2. Lord Elder—Thomas Murray Elder Esquire, having been created Baron Elder, of Kirkcaldy in Fife, for life by Letters Patent dated in the afternoon of 19th July 1999, was introduced between the Lord Haskel and the Baroness Smith of Gilmorehill, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and subscribed the solemn affirmation pursuant to statute.

Judicial Business

3. Regina v. Forbes (Petitioner)—The petition of Anthony Leroy Forbes praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 20th July).

4. Gardner (Petitioner) v. Commissioners of Customs and Excise (Respondents)—The petition of Dennis Albert Gardner 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 (lodged 26th May).

5. Appeal Committee—The following Order was made pursuant to the 47th Report—

    Dimond (Petitioner) v. Lovell (Respondent)—That the petition be referred for hearing.

6. Appeal Committee—The 55th Report from the Appeal Committee was agreed to and the following Orders were made—

    Regina v. Her Majesty’s Coroner for Inner London South District (Respondent) ex parte Douglas-Williams (A.P.) (Petitioner)—That leave to appeal be refused and that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988.

    Regina v. Ghadami (Petitioner)—That leave to appeal be refused and that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988.

    Halifax plc (Respondents) v. Ghadami (Petitioner)—That leave to appeal be refused.

    MSC Mediterranean Shipping Company SA (Respondents) v. Owners of the Ship “Tychy” (Petitioners)—That the respondents be invited to lodge objections by 4th August next.

    Regina v. Antoine (Petitioner)—That the respondents be invited to lodge objections by 4th August next.

    In re Kern (Petitioner) (application for a writ of Habeas Corpus)—That leave to appeal be refused.

    Gardner (Petitioner) v. Commissioners of Customs and Excise (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.

7. Appeal Committee—The 56th Report from the Appeal Committee was made and ordered to be printed. (HL Paper 95)

Papers

8. Instrument withdrawn—The following instrument, laid before the House on 8th July, was withdrawn:

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

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

    1. Transport—Agreement between the United Kingdom and Estonia on International Road Transport;      (4398)

    2. National Insurance—National Insurance Fund Long Term Financial Estimates.      (4406)

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

    1. Account for 1998-99 of the Public Lending Right, together with the Report of the Comptroller and Auditor General, laid under the Public Lending Right Act 1979;

    2. Account for 1998-99 of the Victoria and Albert Museum, together with the Report of the Comptroller and Auditor General, laid under the Museums and Galleries Act 1992;

    3. Accounts for 1998-99 of the Royal Botanical Garden, Edinburgh, together with the Report of the Comptroller and Auditor General, laid under the National Heritage (Scotland) Act 1985;

    4. Report and Accounts for 1998-99 of:

    (i) Companies House—

    (ii) the Patent Office—

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

    5. Report and Accounts for 1998-99 of the:

    (i) Royal Air Force Signals Engineering Establishment—

    (ii) Defence Postal and Courier Services Agency—

    (iii) Royal Parks Agency—

    (iv) Defence Codification Agency, together with the Report of the Comptroller and Auditor General—

    laid under the Exchequer and Audit Departments Act 1921;

    6. Report and Accounts for 1998-99 of the London Pensions Fund Authority, laid under the Local Government Act 1985;

    7. Report for 1998-99 of the Court Service, laid under the Courts and Legal Services Act 1990;

    8. Report for 1998 of the Office of Gas Supply (OFGAS), laid under the Gas Act 1986;

    9. Report for 1998 of the Office of Electricity Regulation (OFFER), laid under the Electricity Act 1989;

    10. Report for 1998-99 of the Economic and Social Research Council (ESRC), laid under the Science and Technology Act 1965;

    11. Report for 1998-99 of the Crown Prosecution Service, laid under the Prosecution of Offences Act 1985;

    12. Account for 1998-99 of the Arts Council of England Lottery Distribution Fund, together with the Report of the Comptroller and Auditor General, laid under the National Lottery etc. Act 1993;

    13. Report for 1998-99 of the Rural Development Commission, laid under the Miscellaneous Financial Provisions Act 1983.

Public Business

11. Company and Business Names (Chamber of Commerce, Etc) Bill—The bill was read a third time and passed.

12. Road Traffic (Use of Mobile Telephones) Bill [HL]—The bill was read a third time and passed and sent to the Commons.

13. Immigration and Asylum 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.

14. Western European Union—The Lord Ponsonby of Shulbrede asked Her Majesty’s Government how they see the development of the defence role of the Western European Union; after debate, the question was answered by the Baroness Symons of Vernham Dean.

The House was adjourned during pleasure.

The House was resumed.

15. Immigration and Asylum 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 91 stood part.

16. Access to Justice Bill [HL]—The bill was returned from the Commons with the Commons’ amendments to which the Lords have disagreed to not insisted on but with amendments proposed in lieu thereof and with the Lords amendment to a Commons amendment disagreed to but with an amendment proposed in lieu thereof; it was ordered that the Commons amendments be printed. (HL Bill 87)

The House was adjourned at twenty-one minutes past midnight

in the morning of Thursday 22nd July till later the same day,

a quarter-past 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: 22 july 1999