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Session 1999-2000
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Minutes and Order Papers

Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Lunae 17° Julii 2000

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

PRAYERS were read by the Lord Bishop of Derby.

Judicial Business

1. Bank of Credit and Commerce International SA (in compulsory liquidation) (Appellants) v. Ali and others (Respondents) (England)—The appeal of the Bank of Credit and Commerce International SA was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 28th August next.

2. Moase and another (Petitioners) v. Secretary of State for the Environment, Transport and the Regions and others (Respondents)—The petition of William Moase and Giles John Eyre Lomas praying for leave to appeal was presented and referred to an Appeal Committee.

3. Trustor (a Swedish limited company) (Respondents) v. Smallbone (Petitioner) and others—The petition of Lindsay James Trevor Smallbone praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

4. Flynn (Petitioner) v. Robin Thompson & Partners (a firm) and another (Respondents)—The petition of John Flynn 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 10th February).

5. Perotti (Petitioner) v. Watson (Respondent) and others—The petition of Angelo Perotti 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 28th February).

6. Martin (Respondent) v. McKay (Petitioner)—The petition of Christine McKay praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired 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.

7. Fitzsimons (Respondent) v. Fitzsimons (Petitioner)—The petition of Kevin Vincent Fitzsimons praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired 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.

8. Williamson (Petitioner) v. Commissioner of Police for the Metropolis and others (Respondents)—The petition of Richard Thompson Williamson praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired 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.

9. Islam and another (A.P.) (Appellants) and another v. Director of Public Prosecutions (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—

10. Islam and another and another (A.P.) (Appellant) v. Director of Public Prosecutions (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—

    (Conjoined Appeals)—

    The appeals were set down for hearing and referred to an Appellate Committee.

11. Lister and others (A.P.) (Appellants) v. Hesley Hall Limited (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 31st July next or to the third sitting day after the next ensuing meeting of the House (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

12. Arthur J S Hall & Co (Appellants) v. Simons (A.P.) (Respondent)—

13. Barratt (A.P.) (Respondent) v. Ansell and others (trading as Woolf Seddon (a firm)) (Appellants)—

14. Harris (A.P.) (Respondent) v. Scholfield Roberts & Hill (a firm) (Appellants) and others—

    (Conjoined Appeals)—

    The legal aid certificate of David Martin Barratt was lodged.

15. National Westminster Bank plc (Respondents) v. Story (A.P.) (Petitioner) and another—The petitioner’s legal aid certificate was lodged.

16. Regina v. Manchester Crown Court ex parte H (F.C.) (Respondent)—The respondent’s funding code certificate was lodged.

17. Appeal Committee—The 62nd Report from the Appeal Committee was agreed to and the following Orders were made—

    National Westminster Bank plc (Respondents) v. Story 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.

    Chief Constable of the Royal Ulster Constabulary and another (Respondents) v. Sergeant A (Petitioner) (Northern Ireland)—That leave to appeal be refused.

    Secretary of State for Trade and Industry (Respondent) v. Deverell and another (Petitioner) and others—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.

    National Westminster Bank plc (Respondents) v. Story (A.P.) (Petitioner) and another—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.

    Flynn (Petitioner) v. Robin Thompson & Partners (a firm) and another (Respondents)—That leave to appeal be refused.

    Perotti (Petitioner) v. Watson (Respondent) and others—That leave to appeal be refused.

    Martin (Respondent) v. McKay (Petitioner)—That leave to appeal be refused.

    Fitzsimons (Respondent) v. Fitzsimons (Petitioner)—That leave to appeal be refused.

    Williamson (Petitioner) v. Commissioner of Police for the Metropolis 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.

Papers

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

    1. Customs and Excise—Agreement between the United Kingdom and South Africa regarding Mutual Administrative Assistance between their Customs Administrations;      (4789)

    2. Shipping—

      (i) 1998 Amendments to the International Convention on Maritime Search and Rescue, 1979;      (4785)

      (ii) 1997 Amendments to the—

      (a) International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended;

      (b) Seafarers’ Training Certification and Watchkeeping Code;

      (c) Seafarers’ Training, Certification and Watchkeeping Code re-numbering sections B-V/3, V/4 and V/5;      (4784)

    3. Competition Commission—Report on the proposed newspaper merger between Independent News and Media plc and Trinity Mirror plc.      (4770)

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

    M1 Motorway (Junction 15) (Speed Limit) Regulations 2000, laid under the Road Traffic Regulation Act 1984.      (1800)

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

    1. Accounts for 1999-2000 of the Victoria and Albert Museum, together with the Report of the Comptroller and Auditor General, laid under the Museums and Galleries Act 1992;

    2. Accounts for 1999-2000 of the British Library Board, together with the Report of the Comptroller and Auditor General, laid under the British Library Act 1972;

    3. Accounts for 1999-2000 of the Public Lending Right Central Fund, together with the Report of the Comptroller and Auditor General, laid under the Public Lending Right Act 1979;

    4. Accounts for 1999-2000 of the British Tourist Authority, together with the Report of the Comptroller and Auditor General, laid under the Development of Tourism Act 1969;

    5. (i)      Accounts for 1999-2000 of the Economic and Social Research Council (ESRC), together with the Report of the Comptroller and Auditor General—

      (ii) Report for 1999-2000 of the Natural Environment Research Council—

    laid under the Science and Technology Act 1965;

    6. Accounts for 1998-99 of Leigh Education Action Zone, together with the Report of the Comptroller and Auditor General, laid under the School Standards and Framework Act 1998;

    7. Report for 1998-99 of the Commonwealth Scholarship Commission in the United Kingdom, laid under the Overseas Development Act 1980;

    8. Report and Accounts for 1999-2000 of Highlands and Islands Airports Ltd., laid under the Civil Aviation Act 1982;

    9. Financial Statements for 1999-2000 of the South Bank Centre, laid under the Local Government Act 1985;

    10. Report and Accounts for 1999-2000 of the Employment Tribunals Service, together with the Report of the Comptroller and Auditor General, laid under the Exchequer and Audit Departments Act 1921;

    11. Consent of the Secretary of State for Trade and Industry to the Transfer of Newspapers following a Report from the Competition Committee, laid under the Fair Trading Act 1973;

    12. Statement by the Minister for Agriculture, Fisheries and Food concerning the remuneration payable to members of the Covent Garden Market Authority, laid under the Covent Garden Market Act 1961.

Select Committee Report

21. Science and Technology—It was ordered that the evidence taken by Sub-Committee I (Complementary and Alternative Medicine) on 23rd May be printed. (HL Paper 48-xiii)

Public Business

22. Liaison Committee—It was moved by the Lord Tordoff, on behalf of the Chairman of Committees, that the 2nd and 3rd Reports from the Select Committee (HL Papers 62 and 81) be agreed to; after debate, the motion was agreed to.

23. Cheques (Scotland) Bill [HL]—The order of commitment was discharged.

24. Street Works Bill [HL]—The order of commitment was discharged.

25. Transport Bill—The House again resolved itself into a Committee (on re-commitment) upon the bill; amendments were moved and (by leave of the Committee) withdrawn; an amendment was disagreed to (see division list 1); the House was resumed for a statement; the House again resolved itself into a Committee (on re-commitment) upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed.

26. Patents Regulations 2000—It was moved by the Lord McIntosh of Haringey that the draft Regulations laid before the House on 3rd July be approved; after debate, the motion was agreed to.

27. Consumer Protection Act 1987 (Product Liability) (Modification) Order 2000—It was moved by the Lord McIntosh of Haringey that the draft Order laid before the House on 3rd July be approved; after debate, the motion was agreed to.

28. Vaccine Damage Payments Act 1979 Statutory Sum Order 2000—It was moved by the Baroness Hollis of Heigham that the draft Order laid before the House on 5th July be approved; after debate, the motion was agreed to.

29. Scotland Act 1998 (Consequential Modifications) Order 2000—It was moved by the Baroness Ramsay of Cartvale that the draft Order laid before the House on 7th July be approved; after debate, the motion was agreed to.

30. Transport Bill—The House again resolved itself into a Committee (on re-commitment) upon the bill; amendments were moved and (by leave of the Committee) withdrawn; an amendment was disagreed to (see division list 2); an amendment was agreed to; the House was resumed after Schedule 28 was agreed to.

The House was adjourned at twenty-two minutes before three o’clock

in the morning of Tuesday 18th July

till later the same day, half-past two o’clock in the afternoon.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 18 july 2000