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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 Lunae 26° Julii 1999

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

PRAYERS were read by the Lord Bishop of Bath and Wells.

1. Baroness Prashar—Miss Usha Kumari Prashar, CBE, wife of Vijay Kumar Sharma Esquire, having been created Baroness Prashar, of Runnymede in the County of Surrey, for life by Letters Patent dated in the forenoon of 15th July 1999, was introduced between the Lord Lester of Herne Hill and the Baroness Pitkeathley, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

2. Lord Bradshaw—William Peter Bradshaw Esquire, having been created Baron Bradshaw, of Wallingford in the County of Oxfordshire, for life by Letters Patent dated in the forenoon of 22nd July 1999, was introduced between the Lord Berkeley and the Baroness Thomas of Walliswood, 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. Government of the United States of America (Respondents) v. Montgomery and another (Appellants) (England)—The appeal of Kathleen Conway Montgomery and Lee Edwin Montgomery was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 6th September next.

4. Birmingham City Council (Appellants) v. Oakley (A.P.) (Respondent)— (On Appeal from a Divisional Court of the Queen’s Bench Division)—The appeal of Birmingham City Council was presented and ordered to be prosecuted subject to the procedures applicable thereto.

5. Kredietbank Antwerp (Respondents) v. Midland Bank plc (Petitioners)—The petition of Midland Bank plc praying for leave to appeal was presented and referred to an Appeal Committee (lodged 28th June).

6. Millington (Respondent) v. Secretary of State for the Environment, Transport and the Regions (Respondent) and another—The petition of the Secretary of State for the Environment, Transport and the Regions praying for leave to appeal was presented and referred to an Appeal Committee.

7. Warsame and another (Respondents) v. Mayor etc. of the London Borough of Hounslow (Petitioners)—The petition of the Mayor etc. of the London Borough of Hounslow praying for leave to appeal was presented and referred to an Appeal Committee.

8. Optident Limited and another (Petitioners) v. Secretary of State for Trade and Industry and another (Respondents)—The petition of Optident Limited and Ultradent Products Inc praying for leave to appeal was presented and referred to an Appeal Committee.

9. Gapper (Petitioner) v. Chief Constable of the Avon and Somerset Constabulary (Respondent)—The petition of Shaun Gapper 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.

10. Kapfunde (Petitioner) v. Abbey National plc and another (Respondent)—The petition of Carmelita Kapfunde 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.

11. Regina v. Secretary of State for the Home Department (Respondent) ex parte Ibehi—The petition of Leonard Ogilvy 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 17th February).

12. Boukssid (A.P.) (Appellant) v. Secretary of State for the Home Department (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee.

13. Borealis AB (formerly Borealis Petrokemi AB and Statoil Petrokemi AB) (Respondents) v. Stargas Limited and others (Respondents) and Bergesen D.Y. A/S ’Berge Sisar’ (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 7th September next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

14. Borealis AB (formerly Borealis Petrokemi AB and Statoil Petrokemi AB) (Appellants) v. Stargas Limited and others (Respondents)—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 7th September next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

15. Appeal Committee—The following Order was made pursuant to the 46th Report—

    Poseidon Schiffahrt Gmbh (Petitioners) v. Nomadic Navigation Company Limited (Respondents)—That the petition be referred for hearing.

16. Appeal Committee—The following Order was made pursuant to the 50th Report—

    Bettison and others (Respondents) v. Langton and others (Petitioners)—That leave to appeal be given, and that the petition of appeal be lodged by 9th August next.

17. Appeal Committee—The following Order was made pursuant to the 54th Report—

    Anderton (A.P.) (by her mother and next friend) (Petitioner) v. Clwyd County Council (Respondents)—That leave to appeal be given, and that the petition of appeal be lodged by 9th August next.

18. Appeal Committee—The following Order was made pursuant to the 55th Report—

    Regina v. Antoine (Petitioner)—That leave to appeal be given and that the petition of appeal be lodged forthwith.

19. Appeal Committee—The 58th Report from the Appeal Committee was agreed to and the following Orders were made—

    Phillips (Liquidator of A J Bekhor & Company) and another (Respondents) v. Brewin Dolphin Bell Lawrie Limited (Formerly Brewin Dolphin & Company Limited) (Petitioners) and another—That the respondents be invited to lodge objections by 9th August next.

    Satnam Investments Limited (Petitioners) v. Dunlop Heywood & Co Limited 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.

    Martinez and another (Petitioners) v. Ellesse International SpA (a company incorporated under the laws of Italy) (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.

    Gapper (Petitioner) v. Chief Constable of the Avon and Somerset Constabulary (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.

    Kapfunde (Petitioner) v. Abbey National plc and another (Respondent)—That leave to appeal be refused.

    Regina v. Secretary of State for the Home Department (Respondent) ex parte Ibehi—That leave to appeal be refused.

Papers

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

    1.      Finance—Treasury Minute on the 15th to 17th Reports of the House of Commons Public Accounts Committee;      (4408)

    2.      Animals—Protocol of amendment to the European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes;      (4421)

    3.      Sports—Consolidated Accounts for 1998-99 of the English Sports Council and English Sports Council Group;      (—)

    4.      Government—The Government’s report for 1998-99.      (4401)

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

    1. Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (National Limits) (Amendment) Regulations (Northern Ireland) 1999, laid under the Northern Ireland Act 1974;      (—)

    2. Costs in Criminal Cases (General) (Amendment) Regulations 1999, laid under the Prosecution of Offences Act 1985;      (2096)

    3. Telecommunications (Data Protection and Privacy) Regulations 1999, laid under the European Communities Act 1972;      (2093)

    4. Education (Annual Parents’ Meetings) (England) Regulations 1999, laid under the School Standards and Framework Act 1998.      (2104)

22. 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 Student Awards Agency for Scotland—

    (ii) the Planning Inspectorate Executive Agency—

    (iii) the Army Personnel Centre—

    (iv) the Defence Vetting Agency—

    (v) Queen Victoria School—

    (vi) the Armed Forces Personnel Administration Agency—

    (vii) the Army Technical Support Agency—

    (viii) the Veterinary Laboratories Agency—

    (ix) the Maritime and Coastguard Agency—

    (x) National Savings—

    (xi) the Civil Service College—

    (xii) the Government Car and Despatch Agency—

    (xiii) the Defence Analytical Services Agency—

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

    2. (i)    Accounts for 1998-99 of the:

          (a)      Arts Council of Northern Ireland Lottery Distribution—

          (b)      Scottish Sports Council National Lottery Fund—

          (c)      Arts Council of Wales Lottery Distribution—

          (d)      English Sports Council Lottery Distribution—

    (ii)      Accounts for 1st July 1998 to 31st March 1999 of the New Opportunities Fund;

    together with the Report of the Comptroller and Auditor General, laid under the National Lottery etc. Act 1993;

    3. Accounts for 1997 of National Savings Ordinary Deposits, together with the Report of the Comptroller and Auditor General, laid under the National Savings Bank Act 1971;

    4. Accounts for 1998-99 of the Wales Tourist Board, together with the Report of the Comptroller and Auditor General, laid under the Development of Tourism Act 1969;

    5. Report and Accounts for 1998-99 of the Roads Service Agency, laid under the Exchequer and Audit Act (Northern Ireland) 1921;

    6. Reports for 1998-99 of the Keeper of Public Records on the work of the Public Record Office and of the Advisory Council on Public Records, laid under the Public Records Act 1958;

    7. Report for 1998-99 of the Secretaries of State for Trade and Industry, Scotland and Wales, laid under the Industrial Development Act 1982;

    8. Accounts for 1998-99 of the Teacher Training Agency, together with the Report of the Comptroller and Auditor General, laid under the Education Act 1994;

    9. Report and Accounts for 1998-99 of the Tower Hamlets Housing Action Trust, laid under the Housing Act 1988;

    10. Accounts for 1998-99 of the General Optical Council, laid under the Opticians Act 1989;

    11. Accounts for 1998-99 of the Nature Conservancy Council for England, together with the Report of the Comptroller and Auditor General, laid under the Environmental Protection Act 1990;

    12. Particle Physics and Astronomy Research Council:

    (i) Report for 1998-99—

    (ii) Accounts for 1998-99, together with the Report of the Comptroller and Auditor General—

    laid under the Science and Technology Act 1965;

    13. Accounts for 1996-97 of the Funds in the Court of the Supreme Court of Judicature and of the County Courts in Northern Ireland, together with the Report of the Comptroller and Auditor General, laid under the Judicature (Northern Ireland) Act 1978;

    14. Report and Accounts for 1998-99 of the United Kingdom Atomic Energy Authority, together with the Report of the Comptroller and Auditor General, laid under the Atomic Energy Authority Act 1954;

    15. Accounts for 1998-99 of the Development Commission, together with the Report of the Comptroller and Auditor General, laid under the Miscellaneous Financial Provisions Act 1983;

    16. Accounts for 1998-99 of the:

    (i) National Portrait Gallery—

    (ii) National Museum of Science and Industry—

    together with the Report of the Comptroller and Auditor General, laid under the laid under the Museums And Galleries Act 1992;

    17. Report and Accounts for 1997-98 of the British Potato Council, laid under the Industrial Organisation and Development Act 1947;

    18. Accounts for 1st April to 31st July 1996 of the Chessington Computer Centre, laid under the Government Trading Funds Act 1973;

    19. Accounts for 1997 of National Savings Investment Deposits, together with the Report of the Comptroller and Auditor General, laid under the Finance Act 1980;

    20. List giving particulars of certificates of employment issued in respect of aliens employed in a civil capacity under the crown for 1998-99, laid under the Aliens’ Employment Act 1955.

Select Committee Report

23. House of Lords’ Offices—The 3rd Report from the Select Committee was made; it was ordered that the Report be printed. (HL Paper 98)

Private Business

24. Transport Salaried Staffs’ Association (Amendment of Rules) Bill—The bill was brought from the Commons, read a first time and referred to the Examiners.

Public Business

25. Mental Health (Amendment) (Scotland) Bill—A bill to authorise hospital managers to continue to hold, expend and dispose of the property of persons to whom section 94(1) of the Mental Health (Scotland) Act 1984 no longer applies was brought from the Commons, read a first time and ordered to be printed. (HL Bill 89)

26. Mental Health (Amendment) (Scotland) Bill——It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 89-EN)

27. Standing Orders (Public Business)—It was moved by the Baroness Jay of Paddington that the Standing Orders relating to public business be amended as follows—

After Standing Order 8

    Insert the following new Standing Orders:

 8A.—(1) In implementation of section 2 of the House of Lords Act 1999, this Standing Order makes provision for hereditary peers who are excepted from section 1.

        (2)    The excepted hereditary peers shall consist of the following categories:

      (i)    (a)    2 peers elected by the Labour hereditary peers;

        (b)    42 peers elected by the Conservative hereditary peers;

        (c)    3 peers elected by the Liberal Democrat hereditary peers;

        (d)    28 peers elected by the Cross-bench hereditary peers;

      (ii) 15 peers, elected by the whole House, from among those ready to serve as Deputy Speakers or in any other office as the House may require; and

      (iii) any peer holding the office of Earl Marshal or performing the office of Lord Great Chamberlain.

    (3)    Elections shall be conducted in accordance with arrangements made by the Clerk of the Parliaments.

    (4)    In order to stand for election or qualify as an elector under paragraph (2)(i), a peer must register with the Clerk of the Parliaments, identifying the party or Cross-bench group to which he belongs. In order to stand for election under paragraph (2)(ii), a peer must register separately with the Clerk of the Parliaments. A peer may not stand for election nor vote if he has not taken the Oath or is on Leave of Absence.

    (5)    In the event of a tie between two or more candidates standing in any of the elections held in accordance with paragraph (2), the matter (if not resolved by the electoral arrangements adopted by the House) shall be decided by the drawing of lots.

    (6)    The Clerk of the Parliaments may refer any question concerning the propriety of the electoral process to the Committee for Privileges.

    (7)    In the event of a vacancy occurring at any time up to the end of the initial period through death among the peers elected in category (2)(i) or (2)(ii), the vacancy shall be filled by the nearest runner-up in the relevant election under paragraph (2) who both wishes to fill the vacancy and is otherwise available. The provisions of paragraph (5) are applicable for this purpose. If no such runner-up is available, the House shall decide how the vacancy shall be filled.

    (8)    In this Standing order and in Standing Order 8B the end of “the initial period” is the end of the first session of the next Parliament after that in which the House of Lords Act 1999 is passed.

Hereditary Peers

 8B.—(1) In implementation of subsection (4) of section 2 of the House of Lords Act 1999, this Standing Order makes provision for by-elections to fill vacancies occurring by death among excepted hereditary peers after the end of the initial period.

    (2)    In the event of the death of a hereditary peer excepted under Standing Order 8A(2)(i) only the excepted hereditary peers in the group in which the vacancy has occurred shall be entitled to vote.

    (3)    In the event of the death of a hereditary peer excepted under Standing Order 8A(2)(ii) the whole House shall be entitled to vote.

    (4)    The provisions of paragraphs (2) and (3) shall apply also in the case of any subsequent by-elections.

    (5)    The Clerk of the Parliaments shall maintain, and publish annually, a register of hereditary peers (other than peers of Ireland) who wish to stand in any by-election.

    (6)    By-elections shall be conducted in accordance with arrangements made by the Clerk of the Parliaments and shall take place within three months of a vacancy occurring.

    (7)    Paragraphs (5) and (6) of Standing Order 8A shall apply to by-elections under this Standing Order.

Hereditary Peers:
By-elections

the motion was agreed to; it was ordered that the Standing Orders relating to Public Business be printed as amended. (HL Paper 99)

28. Judicial Standing Orders—It was moved by the Lord Chancellor that the following amendment be made to the Standing Orders regulating judicial business:

Standing Order V

    Line 1, after (“that”) insert (“unless otherwise ordered by the House”);

    the motion was agreed to.

29. Football (Offences and Disorder) Bill—The bill was read a third time and passed.

30. Access to Justice Bill [HL]—The Commons amendments were considered; an amendment to a Commons amendment in lieu of certain Commons amendments was negatived; then the Commons amendment in lieu was agreed to; further Commons amendments in lieu of certain Commons amendments were agreed to; a Lords amendment was not insisted on and a Commons amendment in lieu thereof was agreed to.

31. Youth Justice and Criminal Evidence Bill [HL]—The Commons amendments were considered; a motion that the House do disagree with a Commons amendment was withdrawn; then the Commons amendments were agreed to and the privilege amendment was agreed to.

32. Pollution Prevention and Control Bill [HL]—The Commons amendments were considered; an amendment to a Commons amendment was moved and (by leave of the House) withdrawn; then the Commons amendment was agreed to; the remaining Commons amendments were agreed to and the privilege amendment was agreed to.

33. Employment Relations Bill—The bill was returned from the Commons with one of the amendments disagreed to with a reason for such a disagreement, with another amendment agreed to with an amendment, and with the remaining amendments agreed to; the Commons amendment and reason were ordered to be printed (HL Bill 90); then the Commons reason and amendment were considered forthwith; the Commons amendment to a Lords amendment was agreed to; then the remaining Lords amendment was not insisted on and an amendment in lieu thereof was agreed to; the bill was returned to the Commons with an amendment.

34. Tote—The Viscount Astor asked Her Majesty’s Government what is their response to the Steering Group’s recommendations on the future of the Tote; after debate, the question was answered by the Lord Williams of Mostyn.

The House was adjourned at twenty-five minutes before nine o’clock

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 27 july 1999