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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 4° Aprilis 2000

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

PRAYERS were read by the Lord Bishop of Salisbury.

Judicial Business

1. Regina v. Antoine (A.P.) (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—It was further ordered that the costs of the appellant be taxed in accordance with the Legal Aid Act 1988.

2. Lubbe and others (Respondents) v. Cape Industries plc (Appellants) (England)—The appeal of Cape plc was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 16th May next.

3. Horvath (A.P.) (Appellant) v. Secretary of State for the Home Department (Respondent) and United Nations High Commissioner for Refugees (Intervener)—The appeal was set down for hearing and referred to an Appellate Committee.

4. North Anderson Cars Limited (Appellants) v. Commissioners of Customs and Excise (Respondents) (Scotland)—The appeal was set down for hearing and referred to an Appellate Committee.

5. Lubbe (suing as administrator of the estate of Rachel Jacoba Lubbe) and others (Appellants) v. Cape plc (Respondents) and 10 other actions—

6. Lubbe and others (Respondents) v. Cape Industries plc (Appellants)—

    The petition of the appellants praying that the appeals be consolidated, that they be allowed to lodge one statement, one case and one appendix and be jointly represented in respect of the two appeals and that the respondents have leave to lodge one case in respect of the two appeals (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

7. Caledonia North Sea Limited (Respondents) v. British Telecommunications plc (Appellants) (Scotland)—

8. Caledonia North Sea Limited (Respondents) v. Kelvin International Services Limited (formerly Kelvin Catering Limited) (Appellants) (Scotland)—

9. Caledonia North Sea Limited (Respondents) v. London Bridge Engineering Limited (Appellants) (Scotland)—

10. Caledonia North Sea Limited (Respondents) v. Norton (No.2) Limited (in liquidation) (Appellants) (Scotland)—

11. Caledonia North Sea Limited (Respondents) v. Pickup No.7 Limited (formerly Northern Industrial & Marine Services Company Limited) (Appellants) (Scotland)—

12. Caledonia North Sea Limited (Respondents) v. Stena Offshore Limited (Appellants) (Scotland)—

13. Caledonia North Sea Limited (Respondents) v. Wood Group Engineering Contractors Limited (Appellants) (Scotland)—

    (Consolidated Appeals)—

    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 15th May next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 3rd April).

14. Appeal Committee—The 39th Report from the Appeal Committee was agreed to and the following Orders were made—

    Chief Adjudication Officer (Respondent) v. Stafford and another (Petitioner)—That the respondent be invited to lodge objections by 18th April next.

    Warsame and another (Respondents) v. Mayor etc. of the London Borough of Hounslow (Petitioners)—That the respondents be invited to lodge objections by 18th April next.

    Regina v. Secretary of State for the Home Department and another (Respondents) ex parte Mbanja (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.

    Lister and others (A.P.) (Petitioners) v. Hesley Hall Limited (Respondents)—That the respondents be invited to lodge objections by 18th April next.

    Regina v. Wandsworth County Court (Respondents) ex parte Saldanha (Petitioner)—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.

    Jarvis Interiors (Respondents) v. Galliard Homes Limited (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.

    Hallam and another (Petitioners) v. Cheltenham Borough Council and others (Respondents)—That the respondents be invited to lodge objections by 18th April next.

    Coyle (Petitioner) v. Reid and another (Respondents) (Northern Ireland)—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.

Papers

15. Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:

    Competition Commission—Report on the proposed merger between News Communications & Media plc and Newsquest (Investments) Limited/Johnston Press plc/Trinity Mirror plc.      (4680)

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

    1. Supreme Court Fees (Amendment No. 2) Order 2000, laid under the Supreme Court Act 1981;      (937)

    2. County Court Fees (Amendment No. 2) Order 2000, laid under the County Courts Act 1984;      (939)

    3. (i)      Civil Procedure (Modification of Enactments) Order 2000;      (941)

      (ii) Civil Procedure (Amendment No. 2) Rules 2000;      (940)

    laid under the Civil Procedure Act 1997;

    4. Draft Charities (Royal Medical Foundation of Epsom College) Order 2000, laid under the Charities Act 1993.      (—)

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

    1. Statements of Guarantee given by the Secretary of State for Health on loans proposed to be raised by—

      (i) North Tees and Hartlepool National Health Service Trust;

      (ii) Wiltshire and Swindon Healthcare National Health Service Trust;

      (iii) Avon and Western Wiltshire Mental Healthcare National Health Service Trust;

      (iv) Northallerton Health Services National Health Service Trust;

      (v) Leeds Teaching Hospitals National Health Service Trust;

      (vi) Lincolnshire Ambulance and Health Transport Service National Health Service Trust;

      (vii) Swindon and Marlborough National Health Service Trust;

      (viii) Norfolk and Norwich Health Care National Health Service Trust;

    laid under the National Health Service and Community Care Act 1990.

    2. Consent to Transfer of the Newspapers of News Communications & Media plc given, following a report from the Competition Commission, by the Secretary of State for Trade and Industry to—

      (i) Newsquest (Investments) Limited;

      (ii) Trinity Mirror plc;

      (iii) Johnston Press plc;

    laid under the Fair Trading Act 1973.

    3. Report of a call-out order to authorise the call-out of members of the Royal Fleet Reserve, the Royal Naval Reserve, the Royal Marines Reserve, the Army Reserve, the Territorial Army, the Royal Air Force Reserve and the Royal Auxiliary Air Force, laid under the Reserve Forces Act 1996.

Select Committee Reports

18. Science and Technology—The 4th Report from the Select Committee, Non-Food Crops: Government Response, was made; it was ordered that the Report be printed. (HL Paper 54)

19. Statutory Instruments—The 15th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:

      Draft Immigration (Leave to Enter and Remain) Order 2000;

      Draft Youth Justice Board for England and Wales Order 2000;

    it was ordered that the Report be printed. (HL Paper 53)

20. Procedure of the House—The 2nd Report from the Select Committee was made; it was ordered that the Report be printed. (HL Paper 55)

Public Business

21. Business of the House—It was moved by the Lord Carter, on behalf of the Baroness Jay of Paddington, that the debate on the motion in the name of the Lord Peyton of Yeovil set down for tomorrow shall be limited to 2 hours and that in the name of the Earl Peel set down for the same day to 3½ hours; the motion was agreed to.

22. Care Standards Bill [HL]—The bill was read a third time; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; a privilege amendment was agreed to; then the bill was passed and sent to the Commons.

23. Insolvency Bill [HL]—It was moved by the Lord McIntosh of Haringey 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.

24. Child poverty—The Baroness Crawley asked Her Majesty’s Government whether they are satisfied with the operation of the Sure Start programme with its aim of improving outcomes for disadvantaged children; after debate, the question was answered by the Baroness Hollis of Heigham.

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

till tomorrow, half-past two o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 5 april 2000