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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 11° Maii 2000

The House met at ten o’clock.

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

Judicial Business

1. Taylor (Appellant) v. Secretary of State for Scotland (Respondent) (Scotland)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Interlocutor of the Second Division of the Inner House of the Court of Session in Scotland of 18th December 1998 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.

2. Dimond (Original Appellant and Cross-respondent) v. Lovell (Original Respondent and Cross-appellant)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 29th April 1999 be affirmed and the appeal be dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties; that the cross-appeal be dismissed; and that the cross-respondent do pay to the cross-appellant his costs on the cross-appeal, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.

3. Chief Adjudication Officer (Appellant) v. Faulds (Respondent) (Scotland)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that Interlocutors of the Extra Division of the Inner House of the Court of Session in Scotland of the 3rd and 18th of June 1998 be recalled; that the decision of the Social Security Commissioner of the 14th of March 1997 be set aside; that the cause be remitted back to the Social Security Commissioner for further investigation in accordance with the opinions expressed in this House; and that the Appellant do pay to the Respondent his expenses in the Inner House and his costs before this House, the amount of such costs to be certified by the Clerk of the Parliaments if not agreed between the parties.

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

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

    (Consolidated Appeals)—

    The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Orders of the Court of Appeal of 19th November 1998 be affirmed and the appeals dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.

6. Krasner (the trustee in bankruptcy of John William Alexander Dennison) (Respondent) v. Dennison (Petitioner) and others—The petition of John William Alexander Dennison praying for leave to appeal was presented and referred to an Appeal Committee (lodged 4th May).

7. Royal Brompton Hospital National Health Service Trust v. Hammond and others (Petitioners) and Taylor Woodrow Construction (Holdings) Limited (Respondents)—The petition of Watkins Gray International (UK) Limited, Ivor Gordon Berresford and Keith Pegden Smith praying for leave to appeal was presented and referred to an Appeal Committee (lodged 10th May).

8. Killick and another (Petitioners) and others v. Rendall (sued on his own behalf and on behalf of those Lloyd’s Syndicates listed in the schedule to the writ of summons) (Respondent)—The petition of Mark John Killick and Margaret Rose Nugent praying for leave to appeal was presented and referred to an Appeal Committee.

9. Abdo and others (Petitioners) v. Entry Clearance Officer Sana’a (Respondent)—The petition of Hail Mohamed Hassan Abdo, Saddek Mohamed Hassan Abdo and Amin Mohamed Hassan Abdo praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

The House was adjourned during pleasure.

The House was resumed.

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. (a)      Northern Ireland Agreement—Agreement Between the United Kingdom and Ireland establishing a:

      (i) British-Irish Council;      (4710)

      (ii) British-Irish Intergovernmental Conference;      (4709)

      (iii) North/South Ministerial Council;      (4708)

      (b) Exchange of Letters between the United Kingdom and Ireland concerning the interpretation of certain terms in the Agreement establishing Implementation Bodies;      (4707)

    2. Environment—Government Response to the 2nd Report of the House of Commons Environment, Transport and Regional Affairs Committee on the Environmental Impact of Supermarket Competition.      (4722)

11. Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:

    Home Energy Efficiency Scheme (England) Regulations 2000, laid under the Social Security Act 1990.      (1280)

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

    1. Regulations of the Defence Council relating to the Royal Air Force Aeromedical Evacuation Service, laid under the Air Force (Constitution) Act 1917;

    2. Accounts for 1998-99 of the:

      (i) Advisory, Conciliation and Arbitration Service—

      (ii) Certification Officer—

      (iii) Central Arbitration Committee—

    together with the Report of the Comptroller and Auditor General, laid under the Trade Union and Labour Relations (Consolidation) Act 1992;

    3. Report for 1999-2000 of the General Director of Water Services, laid under the Water Industry Act 1991.

Public Business

13. Matters sub judice—It was moved by the Lord Williams of Mostyn, on behalf of the Baroness Jay of Paddington, that, subject to the discretion of the Leader of the House, and to the right of the House to legislate on any matter or to discuss any delegated legislation, the House in all its proceedings (including proceedings of committees of the House) shall apply the following rules on matters sub judice:

    (1) Cases in which proceedings are active in United Kingdom courts shall not be referred to in any motion, debate or question.

      (a) (i) Criminal proceedings are active when a charge has been made or a summons to appear has been issued, or, in Scotland, a warrant to cite has been granted.

      (ii) Criminal proceedings cease to be active when they are concluded by verdict and sentence or discontinuance, or, in cases dealt with by courts martial, after the conclusion of the mandatory post-trial review.

      (b) (i) Civil proceedings are active when arrangements for the hearing, such as setting down a case for trial, have been made, until the proceedings are ended by judgment or discontinuance.

      (ii) Any application made in or for the purposes of any civil proceedings shall be treated as a distinct proceeding.

      (c) Appellate proceedings, whether criminal or civil, are active from the time when they are commenced by application for leave to appeal or by notice of appeal until ended by judgment or discontinuance.

    But where a ministerial decision is in question, or in the opinion of the Leader of the House a case concerns issues of national importance such as the economy, public order or the essential services, reference to the issues or the case may be made in motions, debates or questions.

    (2) Specific matters which the House has expressly referred to any judicial body for decision and report shall not be referred to in any motion, debate or question, from the time when the Resolution of the House is passed, until the report is laid before the House.

    (3) For the purposes of this Resolution—

      (a) Matters before Coroners Courts or Fatal Accident Inquiries shall be treated as matters within paragraph 1(a); and

      (b) “Question” includes a supplementary question.

    after debate, the motion was agreed to and it was resolved accordingly.

14. Political Parties, Elections and Referendums Bill—The House resolved itself into a Committee upon the bill; amendments were disagreed to (see division lists 1 and 2); amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed after clause 11 stood part.

The House was adjourned at two minutes before eleven o’clock

till tomorrow, eleven o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 12 may 2000