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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 Martis 29° Februarii 2000

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

PRAYERS were read by the Lord Bishop of Southwark.

1. Lord Brittan of Spennithorne—The Right Honourable Sir Leon Brittan, Knight, QC, having been created Baron Brittan of Spennithorne, of Spennithorne in the County of North Yorkshire, for life by Letters Patent dated 9th February 2000, was introduced between the Lord Howe of Aberavon and the Lord Tugendhat, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

Judicial Business

2. Lubbe (suing as administrator of the estate of Rachel Jacoba Lubbe) and others (Appellants) v. Cape plc (Respondents) and 10 other actions (England)—The appeal of Schalk Willem Burger Lubbe, Mamabolo Phale (suing as administratrix of the estate of Nkala Johannes Maile), Matlaweng Johannes Mohlala, Catherina Eksteen Nel (suing as administratrix of the estate of Matthys Christofel Nel) and Sebushi Pauline Selwana was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 11th April next (lodged 21st February).

3. Regina v. Secretary of State for Health and others (Respondents) ex parte Imperial Tobacco Limited and others (Appellants) (England)—The appeal of Imperial Tobacco Limited, Gallaher Limited, Rothmans (UK) Limited and British American Tobacco Investments Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 11th April next.

4. Jones (Respondent) v. Waveney District Council (Petitioners)—The petition of Waveney District Council praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired 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 petition of James Michaels and Forbes Inc praying for leave to introduce as fresh evidence the fifth witness statement of Mr D S Hooper was presented and referred to an Appeal Committee.

7. Anyanwu and another (Appellants) v. South Bank Students’ Union and others (Respondents) and Commission for Racial Equality (Interveners)—The appeal was set down for hearing and referred to an Appellate Committee.

8. Regina v. Secretary of State for Health and others (Respondents) ex parte Imperial Tobacco Limited and others (Appellants)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.

9. Appeal Committee—The 28th Report from the Appeal Committee was agreed to and the following Orders were made—

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

    United Norwest Co-operatives Limited (Petitioners) 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.

    Commissioners of Customs and Excise (Respondents) v. Sinclair Collis Limited (Petitioners)—That the petition be referred for hearing.

    Regina v. Sheffield City Council (Respondents) ex parte Hague and another (A.P.) (Petitioner)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Danae Air Transport Societe Anonyme (Respondents) v. Air Canada (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.

    Rogers (Petitioner) v. London Borough of Islington (Respondents)—That leave to appeal be refused.

    County Natwest Limited (Petitioners) v. Barton 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 Jingwa (Petitioner) (application for a writ of Habeas Corpus)—That leave to appeal be refused.

Papers

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

    1. Law Commissions—Powers of Criminal Courts (Sentencing) Bill: Report by the Law Commission and the Scottish Law Commission on the Consolidation of Legislation Relating to Sentencing;      (4626)

    2. Libraries—Report and Accounts for 1998-99 of the National Library of Wales.      (—)

11. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:

    1. Draft Energy from Waste Plants (Rateable Values) (England) Order 2000;

    2. Draft Non-Domestic Rating (Chargeable Amounts) (Amendment) (England) Regulations 2000;

    3. Draft Docks and Harbours (Rateable Values) (England) Order 2000;

    4. Draft Railways (Rateable Values) (England) Order 2000;

    5. Draft Gas Industry (Rateable Values) (England) Order 2000;

    6. Draft Water Undertakers (Rateable Values) (England) Order 2000.

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

    1. Teachers’ Pensions (Employers’ Supplementary Contributions) Regulations 2000, laid under the Superannuation Act 1972;      (502)

    2. Council Tax (Exempt Dwellings) (Amendment) (England) Order 2000, laid under the Local Government Finance Act 1992;      (424)

    3. Insolvency (Amendment) Regulations 2000, laid under the Insolvency Act 1986;      (485)

    4. Colours in Food (Amendment) (England) Regulations 2000, laid under the Food Safety Act 1990.      (481)

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

    1. Statistical Bulletin for 1998 on Motor Vehicle Offences in Scotland, laid under the Police (Scotland) Act 1967;

    2. 11th Report on the Development of Services for People with Learning Disabilities (Mental Handicap) or Mental Illness in England, laid under the Disabled Persons (Services, Consultation and Representation) Act 1986;

    3. Report for 1998-99 on the Public Lending Right Scheme, laid under the Public Lending Right Act 1979;

    4. Statement of appointment of a new member of the British Tourist Authority, laid under the Development of Tourism Act 1969.

Select Committee Report

14. Statutory Instruments—The 11th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

      Draft Milk Development Council (Amendment) Order 2000;

      Draft Education (Student Loans) (Repayment) Regulations 2000;

      Draft Community Legal Service (Cost Protection) Regulations 2000;

      Draft Community Legal Service (Scope) Regulations 2000;

      Draft Conditional Fee Agreements Order 2000;

      Draft Occupational and Personal Pension Schemes (Penalties) Regulations 2000;

      Draft Greater London Authority Elections (Expenses) Order 2000;

      Draft Appropriation (Northern Ireland) Order 2000;

    it was ordered that the Report be printed. (HL Paper 39)

Public Business

15. European Communities (Amendment) Bill [HL]—A bill to repeal sections 2 and 3 of, and Schedule 2 to, the European Communities Act 1972 was presented by the Lord Pearson of Rannoch, read a first time and ordered to be printed. (HL Bill 38)

16. Sexual Offences (Amendment) Bill—A bill to reduce the age at which, and to make provision with respect to the circumstances in which, certain sexual acts are lawful; to make it an offence for a person aged 18 or over to engage in sexual activity with or directed towards a person under that age if he is in a position of trust in relation to that person; and for connected purposes was brought from the Commons, endorsed with the certificate from the Speaker (pursuant to the Parliament Act 1911) that the bill, as compared with the Sexual Offences (Amendment) Bill 1999, contains only such alterations as are necessary owing to the time that has elapsed since the date of that bill; the bill was read a first time and ordered to be printed. (HL Bill 39)

17. Sexual Offences (Amendment) Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 39-EN)

18. Representation of the People Bill—The report was received; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; it was ordered that the bill be printed as amended. (HL Bill 40)

19. Link Bank Network—The Lord Graham of Edmonton asked Her Majesty’s Government whether they are aware of the present intention of the Link Bank Network to impose new charges on users of cash machines; and whether this would be consistent with the Government’s policy to combat social exclusion; after debate, the question was answered by the Lord McIntosh of Haringey.

The House was adjourned at fourteen minutes before nine o’clock

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 1 march 2000