House of Lords
Session 1999-2000
Publications on the internet
Minutes and Order Papers

Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Jovis 27° Julii 2000

The House met at ten o’clock.

PRAYERS were read by the Lord Bishop of Manchester.

Judicial Business

1. Kuwait Airways Corporation (Appellants) v. Iraqi Airways Company (Body Corporate) and others (Respondents)—The further Report from the Appellate Committee was agreed to; it was ordered that the petition of the appellants praying that Judgment of the House of 24th July 1995 might be varied be dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.

2. Regina v. Governor of Her Majesty’s Prison Brockhill (Appellant) ex parte Evans (A.P.) (Respondent)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 19th June 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; and that the costs of the respondent in this House be taxed in accordance with the Legal Aid Act 1988.

3. Waters (A.P.) (Appellant) v. Commissioner of Police for the Metropolis (Respondent)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 3rd July 1997, the Order of Mr Justice Wright of 7th July 1995 and the Order of Master Prebble of 22nd November 1994 be set aside; that the respondent do pay to the appellants their costs in the High Court, 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, and that the costs of the appellant in this House be taxed in accordance with the Legal Aid Act 1988.

4. Phelps (A.P.) (Appellant) v. Mayor etc. of the London Borough of Hillingdon (Respondent)—

5. Anderton (A.P.) (by her mother and next friend) (Appellant) v. Clwyd County Council (Respondents)—

6. In re G (A.P.) (a minor) (by his next friend) (Respondent)—

7. Jarvis (A.P.) (Appellant) v. Hampshire County Council (Respondents)—

    The Report from the Appellate Committee was agreed to; it was ordered and adjudged that, in the appeal of Phelps, the Order of the Court of Appeal of 4th November 1998 be set aside and that the Order of Mr Justice Garland of 23rd September 1997 be restored; that the respondents do pay to the appellant her costs 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; and that the costs of the appellant in this House be taxed in accordance with the Legal Aid Act 1988; that, in the appeal of Anderton, the Order of the Court of Appeal of 4th November 1998 be set aside and that the Order of Mr Justice Steel of 4th February 1998 be restored; that the respondents do pay to the appellant her costs 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; and that the costs of the appellant in this House be taxed in accordance with the Legal Aid Act 1988; that, in the matter of G, the Order of the Court of Appeal of 29th July 1999 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; and that the costs of the respondent in this House be taxed in accordance with the Legal Aid Act 1988; and that, in the appeal of Jarvis, the Order of the Court of Appeal of 11th November 1999 be set aside and that the Order of Mr Justice Popplewell of 19th February 1999 be restored; that the respondents do pay to the appellant his costs 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; and that the costs of the appellant in this House be taxed in accordance with the Legal Aid Act 1988.

8. Regina v. Smith (Respondent) (On Appeal from the Court of Appeal (Criminal Division))—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 10th July 1998 be affirmed and the appeal dismissed.

9. Her Majesty’s Attorney General (Respondent) v. Blake (Appellant) and another—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 16th December 1997 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; and that it be declared that “Her Majesty’s Attorney General is entitled to be paid by the appellant a sum equal to whatever amount is due and owing to the appellant from Jonathan Cape Limited under the publishing agreement of 4th May 1989”.

10. Lafarge Redland Aggregates Limited (formerly Redland Aggregates Limited) (Respondents) v. Shephard Hill Civil Engineering Limited (Appellants)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 11th 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.

11. Darker (personal representative of David Stanley Docker (deceased)) and others (A.P.) (Appellants) (formerly Head and others (A.P.) (Appellants)) v. Chief Constable of the West Midlands Police (Respondent)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 24th March 1998 and the Order of Mr Justice Kay of 27th September 1996 be set aside; that the cause be remitted to the High Court for the action to proceed; that the respondent do pay to the appellants their costs before Mr Justice Kay, 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; and that the costs of the appellants in this House be taxed in accordance with the Legal Aid Act 1988.

12. Alfred McAlpine Construction Limited (Appellants) v. Panatown Limited (Respondents)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 13th March 1998 be set aside, that the decision of the Official Referee of 12th April 1996 be restored and that accordingly the matter be remitted to the Arbitrator for reconsideration; and that the respondents do pay to the appellants such of their costs before the Official Referee as were reserved and the costs of the appellants 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.

13. Cross (A.P.) (Petitioner) v. Kirkby (Respondent)—The petition of Harry Cross praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged (lodged 14th July).

14. AIB Group (UK) plc (formerly Allied Irish Banks plc and AIB Finance Limited) (Respondents) v. Martin and another (Petitioner)—The petition of Alan Clive Gold praying for leave to appeal was presented and referred to an Appeal Committee.

15. West Sussex Properties Limited (Respondents) v. Chichester District Council (Petitioners)—The petition of Chichester District Council praying for leave to appeal was presented and referred to an Appeal Committee.

16. In re Wine Inns Limited (Northern Ireland)—The petition of James Oliver Hunt praying for leave to appeal was presented and referred to an Appeal Committee.

17. Appeal Committee—The following Orders were made pursuant to the 53rd Report:

    Regina v. Manchester Crown Court ex parte D (F.C.) (Respondent)—That leave to appeal be given, and that the petition of appeal be lodged by 10th August next.

    Regina v. Manchester Crown Court ex parte H (F.C.) (Respondent)—That leave to appeal be given, and that the petition of appeal be lodged by 10th August next.

The House was adjourned during pleasure.

The House was resumed.

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. Investment Protection—Agreement between the United Kingdom and El Salvador for the Promotion and Protection of Investments, together with an explanatory memorandum;      (4820)

    2. Foreign and Commonwealth Office—Report and Accounts for 1999-2000 of Wilton Park;      (—)

    3. Air Services—Exchange of Notes between Brazil on behalf of the United Kingdom and Yugoslavia reviving the Agreement concerning Air Services of 3rd February 1959;      (4815)

    4. Health—

      (i) The NHS Plan: A Plan for Investment, A Plan for Reform;      (4818-I)

      (ii) The NHS Plan: Government Response to the Royal Commission on Long Term Care;      (4818-II)

    5. Environment—Government Response to the Environmental Audit Committee Reports on The Greening Government Initiative 1999 and on The First Annual Report of the Green Ministers Committee;      (4819)

    6. European Communities—Statement on the 2000 EC Budget and measures to counter fraud and financial mismanagement.      (4771)

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

    1. Competition Act 1998 (Consequential and Supplemental Provisions) Order 2000, laid under the Competition Act 1998;      (2031)

    2. Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 2000, laid under the Judicature (Northern Ireland) Act 1978;      (—)

    3. Motor Vehicles (Approval) (Amendment) Regulations 2000, laid under the Road Traffic Act 1998;      (1972)

    4. Jobseeker’s Allowance (Joint Claims) Regulations 2000, laid under the Social Security Contributions and Benefits Act 1992;      (1978)

    5. Social Security (Joint Claims: Consequential Amendments) Regulations 2000, laid under the Social Security Administration Act 1992;      (1982)

    6. Education Maintenance Allowance (Pilot Areas) Regulations 2000, laid under the Education Act 1996;      (2012)

    7. Criminal Appeal (Amendment) Rules 2000, laid under the Supreme Court Act 1981;      (2036)

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

    1. Statistics for 1998 of Marriage, Divorce and Adoption in England and Wales, laid under the Registration Service Act 1953;

    2. Report and Accounts for 1999-2000 of the—

      (i) Property Advisers to the Civil Estate;

      (ii) National Weights and Measures Laboratory;

      (iii) Intervention Board;

      (iv) Planning Inspectorate Executive Agency;

      (v) Employment Service;

      (vi) Government Car and Despatch Agency;

      (vii) Civil Service College;

      (viii) Historic Scotland;

      (ix) Fisheries Research Service;

      (x) Student Awards Agency for Scotland;

      (xi) Disposal Sales Agency;

      (xii) Defence Analytical Services Agency;

      (xiii) Defence Storage and Distribution Agency;

      (xiv) NHS Pensions Agency;

      (xv) Forensic Science Agency of Northern Ireland;

    together with the Reports of the Comptroller and Auditor General, laid under the Exchequer and Audit Departments Act 1921;

    3. Summarised Accounts for 1998-99 of NHS (Scotland), together with the Report of the Comptroller and Auditor General, laid under the National Health Service (Scotland) Act 1978;

    4. Accounts for 1999 of the Crown Agents Holding and Realisation Board, together with the Report of the Comptroller and Auditor General, laid under the Crown Agents Act 1979;

    5. Reports for 1999-2000 of the Keeper of Public Records and of the Advisory Council on Public Records, laid under the Public Records Act 1958;

    6. Account for 1998-99 of Training and Enterprise Councils in England and Wales, together with the Report of the Comptroller and Auditor General, laid under the Exchequer and Audit Departments Act 1866;

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

    8. Accounts for 1999-2000 of ACAS, the Certification Officer and the Central Arbitration Committee, together with the Report of the Comptroller and Auditor General, laid under the Trade Union and Labour Relations (Consolidation) Act 1992;

    9. Accounts for 1999-2000 of the Further Education Funding Council, together with the Report of the Comptroller and Auditor General, laid under the Further and Higher Education Act 1992;

    10. Accounts for 1998-99 of the Public Health Laboratory Service Board, together with the Report of the Comptroller and Auditor General, laid under the National Health Service Act 1977;

    11. Accounts for 1999-2000 of the Commission for Health Improvement, together with the Report of the Comptroller and Auditor General, laid under the Health Act 1999;

    12. Account for 1998-99 of the Legal Aid Fund (Northern Ireland), together with the Report of the Comptroller and Auditor General, laid under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981;

    13. Report and Accounts for 1999-2000 of the Environment Agency, laid under the Environment Act 1995;

    14. Report and Accounts for 1999-2000 of the

      (i) East Midlands Development Agency;

      (ii) West Midlands Regional Development Agency;

      (iii) North East of England Regional Development Agency;

      (iv) East of England Development Agency;

      (v) Yorkshire and Humber Regional Development Agency;

      (vi) Northwest Development Agency;

      (vii) South East of England Development Agency;

      (viii) South West of England Regional Development Agency;

    together with the Reports of the Comptroller and Auditor General, laid under the Regional Development Agencies Act 1998;

    15. Report for 1999-2000 of the Electoral Officer for Northern Ireland, laid under the Electoral Law Act (Northern Ireland ) 1962;

    16. Report for 1999-2000 of the Friendly Societies Commission, laid under the Friendly Societies Act 1992;

    17. Report for 1999-2000 of the Building Societies Commission, laid under the Building Societies Act 1986;

    18. Report for 1999-2000 of the Scottish Criminal Cases Review Commission, laid under the Criminal Procedure (Scotland) Act 1995;

    19. Report for 1999-2000 of the Police Information Technology Organisation, laid under the Police Act 1997;

    20. Report and Accounts for 1999-2000 of the Coal Authority, laid under the Coal Industry Act 1994;

    21. Report for 1999 on Insurance, laid under the Insurance Companies Act 1982;

    22. Investment Account for 1998-99 of the National Debt Commissioners Northern Ireland Court Service, together with the Report of the Comptroller and Auditor General, laid under the Administration of Justice Act 1982.

Public Business

21. House of Lords’ Offices—It was moved by the Chairman of Committees that the 6th Report from the Select Committee (HL Paper 97) be agreed to; then, after debate, the question was put as follows, that the motion be agreed to with the exception of the words in item 5, in the paragraph headed “Recommendation”: (“and that Mr Braithwaite should be appointed to lead the review.”); on question, tellers for the not-contents not having been appointed, the motion was agreed to, pursuant to Standing Order 53.

22. Regulation of Investigatory Powers Bill—The bill was returned from the Commons with the amendments agreed to.

23. Census (Amendment) Bill [HL]—The bill was returned from the Commons agreed to with a privilege amendment; the amendment was considered and agreed to.

24. Football (Disorder) Bill—The bill was returned from the Commons with the amendments agreed to.

25. Police (Northern Ireland) Bill—It was moved by the Lord Falconer of Thoroton 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.

26. Disqualifications Bill—It was moved by the Lord Falconer of Thoroton that the bill be now read a second time; after debate, fewer than 30 Lords having voted (see division list), the question was declared not decided and the debate thereon was adjourned pursuant to Standing Order 57.

The House was adjourned at twenty-three minutes past midnight

in the morning of Friday 28th July till later the same day, eleven o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
continue to Order Paper
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries ordering index


© Parliamentary copyright 2000
Prepared: 28 july 2000