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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 22° Julii 1999

The House met at a quarter-past two o’clock.

PRAYERS were read by the Lord Bishop of Hereford.

Judicial Business

1. Modahl (Appellant) v. British Athletic Federation 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 28th July 1997 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; save that, in respect of costs incurred when the appellant was an assisted person, this Order is not to be enforced without the leave of the High Court.

2. Barry (Appellant) v. Midland Bank plc (Respondents)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 18th December 1997 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.

3. Commissioners of Customs and Excise (Respondents) v. Sinclair Collis Limited (Petitioners)—The petition of Sinclair Collis Limited praying for leave to appeal was presented and referred to an Appeal Committee.

4. Cil and others (Respondents) v. First National Bank of Maryland (Petitioners)—The petition of the First National Bank of Maryland praying for leave to appeal was presented and referred to an Appeal Committee.

5. Berezovsky (Respondent) v. Michaels and others (Appellants)—

6. Glouchkov (Respondent) v. Michaels and others (Appellants)—

    (Consolidated Appeals)—

    The appeals were set down for hearing and referred to an Appellate Committee.

7. Taylor (Appellant) v. Secretary of State for Scotland (Respondent) (Scotland)—The appeal was set down for hearing and referred to an Appellate Committee.

8. Appeal Committee—It was moved by the Lord Slynn of Hadley, That the 56th Report from the Appeal Committee (HL Paper 95) be agreed to; the motion was agreed to. It was ordered that the Orders made pursuant to the 99th Report (Session 1997-98) of the Appeal Committee on 11th November 1998, relating to the petitions for leave to appeal in the Cause Royal Bank of Scotland (Respondents) v. Etridge (A.P.) (Petitioner) and in the Cause Loftus and others (Respondents) v. Etridge (A.P.) (Petitioner) and another, be vacated; it was ordered that leave to appeal be given, and that the petitions of appeal be lodged by 5th August next.

9. Appeal Committee—The 57th Report from the Appeal Committee was agreed to and the following Orders were made—

    Lawrence (formerly Julin) (Respondent) v. Barrett (trading as K.S. Barrett & Associates) (Petitioner)—That leave to appeal be refused.

    Regina v. Loke (Petitioner) (Northern Ireland)—That leave to appeal be refused and that the costs of the petitioner be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.

    Pensher Security Door Company Limited (Respondents) v. Sunderland City Council (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.

    Secretary of State for Trade and Industry (Respondent) v. Tillman (Petitioner) and another—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.

    Electra Private Equity Partners (a limited partnership) and others (Respondents) v. KPMG Peat Marwick (a firm) and others (Petitioners)—That leave to appeal be refused.

    Pavel (Petitioner) v. Sony Corporation 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.

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

The House was adjourned during pleasure.

The House was resumed.

10. Lord Laird—John Dunn Laird Esquire, having been created Baron Laird, of Artigarvan in the County of Tyrone, for life by Letters Patent dated in the forenoon of 16th July 1999, was introduced between the Lord Cooke of Islandreagh and the Lord Molyneaux of Killead, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

11. Lord Rogan—Dennis Robert David Rogan Esquire, having been created Baron Rogan, of Lower Iveagh in the County of Down, for life by Letters Patent dated in the afternoon of 16th July 1999, was introduced between the Lord Cooke of Islandreagh and the Lord Molyneaux of Killead, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

12. Lord Marks of Broughton—Simon Richard Lord Marks of Broughton sat first in Parliament after the death of his father, Michael Lord Marks of Broughton, having first made and subscribed the solemn affirmation pursuant to statute.

13. Lord Killanin—George Redmond Fitzpatrick Lord Killanin sat first in Parliament after the death of his father, Michael Lord Killanin, having first made and subscribed the solemn affirmation pursuant to statute.

Papers

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

    1. Arts and Libraries—Final Report for 1998-99 of the Royal Fine Art Commission;      (4391)

    2. Consumer Protection—Modern Markets: Confident Consumers: Government proposals;      (4410)

    3. British Marshall Scholarships—Report for 1998-99 of the Marshall Aid Commemoration Commission;      (4354)

    4. Hong Kong—Report for January-June 1999 on Hong Kong;      (4415)

    5. Human Rights—Report for 1998-99 on Human Rights.      (4404)

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

    Draft Tax Credit (New Category of Child Care Provider) Regulations 1999.

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

    1. Motor Vehicles (Approval) (Amendment) Regulations 1999, laid under the Road Traffic Act 1988;      (2082)

    2. Unfair Terms in Consumer Contracts Regulations 1999, laid under the European Communities Act 1972;      (2083)

    3. Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 1999, laid under the Judicature (Northern Ireland) Act 1978;      (—)

    4. (i)      Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 1999—      (2088)

    (ii) Legal Advice and Assistance (Amendment) (No. 2) Regulations 1999—      (2089)

    laid under the Legal Aid Act 1988;

    5. Dangerous Substances and Preparations (Safety) (Consolidation) (Amendment) Regulations 1999, laid under the Consumer Protection Act 1987.      (2984)

17. 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 Forensic Science Service—

    (ii) the Defence Animal Centre—

    (iii) the Duke of York’s Military School—

    (iv) the Logistic Information Systems Agency—

    (v) the Disposal Sales Agency—

    (vi) the Farming and Rural Conservation Agency—

    (vii) the Medical Devices Agency—

    (viii) the National Health Service Pensions Agency—

    (ix) the National Health Service Estates Management and Health Buildings Agency—

    (x) the Pesticides Safety Directorate—

    (xi) the Historic Royal Palaces—

    (xii) the Centre for Environment, Fisheries and Aquaculture Science—

    (xiii) the Central Science Laboratory—

    (xiv) the Veterinary Medicines Directorate—

    (xv) the Meat Hygiene Service—

    (xvi) Scottish Agricultural Science Agency—

    (xvii) the Insolvency Service—

    (xviii) the Civil Service Occupational Health and Safety Agency—

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

    2. Report and Accounts for 1998-99 of the Her Majesty’s Chief Inspector of the Magistrates’ Courts Service, laid under the Justices of the Peace Act 1997;

    3. Report and Accounts for 1998-99 of the Coal Authority, laid under the Coal Industry Act 1994;

    4. Report by the Comptroller and Auditor General for Northern Ireland on School Inspection in Northern Ireland, laid under the Audit (Northern Ireland) Order 1987;

    5. Report and Accounts for 1998-99 of:

    (i) Registers of Scotland—

    (ii) the United Kingdom Hydrographic Office Trading Fund—

    (iii) HM Land Registry—

    (iv) the Driving Standards Agency—

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

    6. Annual Review and Accounts of the Housing Corporation, laid under the Housing Associations Act 1985;

    7. Report for 1997 on Research and Development Work on Equipment for Disabled People, laid under the Chronically Sick and Disabled Persons Act 1970;

    8. Statutory Return of the Export Credits Guarantee Department concerning commitments as at 31st March 1999 under the Export and Investments Guarantees Act 1991, laid under that Act;

    9. Report and Accounts for 1998-99 of:

    (i)      West of Scotland Water—

    (ii)      North of Scotland Water—

    (iii)      East of Scotland Water—

    laid under the Local Government etc. (Scotland) Act 1994.

Private Business

18. United Reformed Church Bill [HL]—The bill was reported from the Unopposed Bill Committee with amendments.

Public Business

19. Procedure of the House—It was moved by the Chairman of Committees that the 3rd Report from the Select Committee (HL Paper 81) be agreed to; then it was moved by the Viscount Bledisloe, as an amendment thereto, at end to insert (“with the following amendments:

    Page 1, line 5, leave out (“hereditary”) and insert (“qualified”)

    Page 1, line 6, leave out (“hereditary”) and insert (“qualified”)

    Page 1, line 7, leave out (“hereditary”) and insert (“qualified”)

    Page 1, line 8, leave out (“hereditary”) and insert (“qualified”)

    Page 1, line 12, at end insert—

      (“(2A) Each of the Labour, Conservative and Liberal Democrat parties and the Cross Bench peers may decide whether the qualified peers for the party or group referred to in paragraph 2 above are to consist of

      i) all hereditary and life peers of that party or group, or

      ii) only the hereditary peers of that party or group.

      Such decision shall be notified at least one month before the date of the elections to the Clerk of the Parliaments by the leader of each party and the Convenor of the Cross Benchers. If no such notification is given by any party or group, the qualified peers of that party or group shall be deemed to be only the hereditary peers.”)

    Page 2, line 11, leave out (“excepted hereditary peers”) and insert (“qualified peers who are members of the House”)

    Page 2, line 21, after (“Paragraphs”) insert (“(2A,)”)

    Page 2, line 26, leave out first (“Hereditary”)

    Page 3, line 11, leave out (“but the numbers voting will be smaller since only hereditary peers will be voting”)”);

    and a debate arising, it was moved by the Lord Williams of Elvel “That the question be now put”; on question, the motion was negatived; the debate was resumed and, after further debate, the amendment was disagreed to (see division list); then the original motion was agreed to.

20. Procedure of the House—It was moved by the Chairman of Committees that the 4th Report from the Select Committee (HL Paper 84) be agreed to; after debate, the motion was agreed to.

21. Commonwealth Development Corporation Bill [HL]—The Commons amendments were considered; certain Commons amendments were agreed to; a motion that the House do disagree with a Commons amendment was (by leave of the House) withdrawn and the Commons amendment was agreed to; an amendment to a Commons amendment was (by leave of the House) withdrawn and the remaining Commons amendment was agreed to; and the privilege amendment was agreed to.

The House was adjourned at seventeen minutes before eight o’clock

till tomorrow, eleven o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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© Parliamentary copyright 1999
Prepared: 23 july 1999