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Session 1999-2000
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Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Jovis 27° Januarii 2000

The House met at ten o’clock.

PRAYERS were read by the Lord Bishop of Lincoln.

Judicial Business

1. Burridge (A.P.) (Respondent) v. London Borough of Harrow (Appellants) and others—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 20th March 1998 be set aside and that the Order of Mr Justice Moses of 9th December 1997 be restored; that the costs of the appellants in the Court of Appeal and before this House be paid out of the Legal Aid Fund in accordance with section 18 of the Legal Aid Act 1988, such order to be suspended for 4 weeks to allow the Legal Aid Board to object if they wish; and that the costs of the respondent in this House be taxed in accordance with the Legal Aid Act 1988.

2. Gregory (A.P.) (Appellant) v. Portsmouth City Council (Respondents)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 5th November 1997 be affirmed and the appeal dismissed; that the costs of the respondents before this House be paid out of the Legal Aid Fund in accordance with section 18 of the Legal Aid Act 1988, such order to be suspended for 4 weeks to allow the Legal Aid Board to object if they wish; and that the costs of the appellant in this House be taxed in accordance with the Legal Aid Act 1988.

3. Barrett and others (Appellants) v. Morgan (Respondent)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 6th July 1998 and the Order of Mr Peter Smith, QC, of 18th December 1996 be set aside; that there be an order for possession of all the agricultural land comprising Mordon North Farm and Mordon West Farm, Mordon, County Durham against the respondent in 42 days; that the respondent do pay to the appellants mesne profits of £92,316 for the period until 24th September 1996; that the cause be remitted to the Chancery Division for the calculation of mesne profits from 25th September 1996 and for the calculation of interest; and that the respondent do pay to the appellants their costs before Mr Peter Smith, 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.

4. Regina v. Secretary of State for the Home Department (Appellant) ex parte A (A.P.) (Respondent) (On Appeal from the Queen’s Bench Division of the High Court of Justice)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of Mr Justice Collins of 9th July 1999 be set aside and that the respondent’s application be dismissed; that the costs of the appellant in the Divisional Court and before this House be paid out of the Legal Aid Fund in accordance with section 18 of the Legal Aid Act 1988, such order to be suspended for 4 weeks to allow the Legal Aid Board to object if they wish; and that the costs of the respondent in this House be taxed in accordance with the Legal Aid Act 1988.

5. Portman Building Society (Respondents) v. Bevan Ashford (a firm) (Petitioners) and others—The petition of Bevan Ashford praying for leave to appeal was presented and referred to an Appeal Committee.

6. Regina v. Department of Health (Petitioners) ex parte Source Informatics Limited (Respondents) and others—The petition of the Department of Health praying for leave to appeal was presented and referred to an Appeal Committee.

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

    Regina v. Jackson (Petitioner)—That leave to appeal be refused.

    Byrne (Respondent) v. Inntrepreneur Beer Supply Company Limited (formerly known as Courage Limited) (Petitioners)—That the respondent be invited to lodge objections by 10th February next.

    Byrne (Petitioner) v. Inntrepreneur Beer Supply Company Limited (formerly known as Courage Limited) (Respondents)—That the respondents be invited to lodge objections by 10th February next.

    In re Burke (A.P.) (Petitioner)—That the respondents be invited to lodge objections by 10th February next.

    Regina v. Allen (Petitioner)—That leave to appeal be refused.

    Regina v. Henry (Petitioner)—That leave to appeal be refused.

    In re Peci (A.P.) (Petitioner) (application for a writ of Habeas Corpus)—That leave to appeal be refused and the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988.

8. Appeal Committee—The 18th Report from the Appeal Committee was agreed to and the following Order was made—

    White (A.P.) (Appellant) v. White and the Motor Insurers Bureau (Respondents)—That the petition of the Secretary of State for Environment, Transport and the Regions that he might be heard or otherwise intervene in the said appeal be allowed.

The House was adjourned during pleasure.

The House was resumed.

Papers

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

    1. Organisation for Security and Co-operation in Europe—

      (i) Vienna Document 1999 of the Negotiations on Confidence- and Security-Building Measures: Adopted at the 269th Plenary Meeting of the OSCE Forum for Security Co-operation in Istanbul on 16th November 1999;      (4559)

      (ii) OSCE Istanbul Summit: Istanbul Documents 1999;      (4560)

    2. Child Labour—Presentation of a Convention and a Recommendation Adopted at the 87th Session of the International Labour Conference (1999) and the Proposed Action by the United Kingdom on the Convention and Recommendation;      (4574)

    3. Children—Report for 1995-99 on the Children Act.      (4579)

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

    1. Social Security and Child Support (Decisions and Appeals) Amendment Regulations 2000, laid under the Social Security Act 1998;      (119)

    2. Public Order (Prescribed Forms) Regulations (Northern Ireland) 2000, laid under the Public Processions (Northern Ireland) Act 1998;      (155)

    3. Telecommunications (Data Protection and Privacy) (Amendment) Regulations 2000, laid under the European Communities Act 1972.      (157)

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

    1. (i)      Report and Accounts for 1998-99 of the Military Survey Defence Agency;

      (ii) Report and Accounts for 1998-99 of the Defence Transport and Movements Executive;

      (iii) Report and Accounts for 1998-99 of the Naval Manning Agency;

    laid under the Exchequer and Audit Departments Act 1921;

    2. Accounts for 1998-99 of the Gas Levy, together with Report of the Comptroller and Auditor General, laid under the Gas Levy Act 1981;

    3. Accounts for 1998-99 of the National Galleries of Scotland, together with the Report of the Comptroller and Auditor General, laid under the National Galleries of Scotland Act 1906;

    4. Army Act 1955 (Part 1) (Regular Army) (Amendment) Regulations 2000, laid under the Army Act 1955.      (—)

Public Business

12. Learning and Skills Bill [HL]—It was moved by the Lord Bach, on behalf of the Baroness Blackstone, that it be an instruction to the Committee of the Whole House to whom the Learning and Skills Bill [HL] has been committed that they consider the bill in the following order:

Clause 1

Schedule 1

Clauses 2 to 19

Schedule 2

Clauses 20 to 26

Schedule 3

Clauses 27 to 30

Schedule 4

Clauses 31 to 45

Schedule 5

Clauses 46 to 49

Schedule 6

Clauses 50 to 98

Schedule 7

Clauses 99 to 113

Schedule 8

Clauses 114 and 115

Schedule 9

Clauses 116 to 118;

    the motion was agreed to.

13. Race Relations (Amendment) Bill [HL]—After debate, the report was received; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; it was ordered that the bill be printed as amended. (HL Bill 26)

14. Census (Amendment) Bill [HL]—It was moved by the Lord Weatherill 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.

The House was adjourned at twenty-one minutes before seven o’clock

to Monday next, half-past two o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 28 january 2000