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Session 1999-2000
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Minutes and Order Paper - Minutes of Proceedings


 

MINUTES OF PROCEEDINGS

OF THE

HOUSE OF LORDS

Session Commencing

17th November

1999

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Mercurii 17° Novembris 1999

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

1. Queen’s Speech—The Queen being seated on the Throne, and the Commons being at the Bar with their Speaker, Her Majesty was pleased to make a Most Gracious Speech to both Houses of Parliament, and then retired.

The House was adjourned during pleasure.

The House was resumed at half-past three o’clock.

    PRAYERS were read by the Lord Bishop of Birmingham.

2. Earl of Longford (Lord Pakenham of Cowley)—The Rt Hon. Francis Aungier Earl of Longford, having been created Baron Pakenham of Cowley, of Cowley in the County of Oxfordshire, for life by Letters Patent dated 6 o’clock in the evening of 16th November 1999, took and subscribed the oath pursuant to statute.

3. Lord Carrington (Lord Carington of Upton)—The Rt Hon. Peter Alexander Rupert Lord Carrington, having been created Baron Carington of Upton, of Upton in the County of Nottinghamshire, for life by Letters Patent dated 3 o’clock in the afternoon of 17th November 1999, took and subscribed the oath pursuant to statute.

4. Lord Aldington (Lord Low)—The Rt Hon. Austin Richard William Lord Aldington, having been created Baron Low, of Bispham in the County of Lancashire, for life by Letters Patent dated 9 o’clock in the forenoon of 16th November 1999, took and subscribed the oath pursuant to statute.

5. Members of the House—It was ordered that a list of members of the House, prepared by the Clerk of the Parliaments, be printed. (HL Paper 1)

6. Select Vestries Bill—The Bill was presented by the Baroness Jay of Paddington and read a first time pro forma.

7. Queen’s Speech—The Queen’s Speech was reported by the Lord Chancellor; then it was moved by the Baroness Pitkeathley that an Humble Address be presented to Her Majesty as follows—

    Most Gracious Sovereign,

      We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament.

    After the motion had been seconded by the Lord Bragg, the debate thereupon was adjourned till tomorrow.

8. Chairman of Committees—The Lord Boston of Faversham was appointed nemine dissentiente to take the Chair in all Committees for this Session.

9. Principal Deputy Chairman of Committees—The Lord Tordoff was appointed Principal Deputy Chairman of Committees for this Session nemine dissentiente.

10. Stoppages in the Streets—It was ordered that the Commissioner of Police of the Metropolis do take care that during the Session of Parliament the passages through the streets leading to this House be kept free and open; and that no obstruction be permitted to hinder the passage of the Lords to and from this House; and that no disorder be allowed in Westminster Hall, or in the passages leading to this House, during the sitting of Parliament; and that there be no annoyance therein or thereabouts; and that the Gentleman Usher of the Black Rod attending this House do communicate this Order to the Commissioner aforesaid.

Judicial Business

11. In re G (A.P.) (a minor) (by his mother and next friend) (Respondent) (England)—The appeal of the London Borough of Bromley was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29th December next (lodged 11th November).

12. Johnson (A.P.) (Appellant) v. Unisys Limited (Respondents) (England)—The appeal of Fenton Barry Johnson was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29th December next.

13. Twinsectra Limited (Respondents) v. Yardley and others (Appellants) (First Appeal) (England)—The appeal of Paul Leach and Company was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29th December next.

14. Twinsectra Limited (Respondents) v. Yardley and others (Appellants) (Second Appeal) (England)—The appeal of Yardley Commercial Vehicles Limited, Maltsword Limited, Y C Sales Limited and Maltsword Properties Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29th December next.

15. North Anderson Cars Limited (Appellants) v. Commissioners of Customs and Excise (Respondents) (Scotland)—The appeal of North Anderson Cars Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29th December next.

16. Johnson (A.P.) (Original Appellant and Cross-respondent) v. Gore Wood & Co (a firm) (Original Respondents and Cross-appellants) (England)—The cross-appeal of Gore Wood & Co. was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29th December next.

17. Secretary of State for Social Security (Respondent) v. Morgan (Petitioner) (Scotland)—The petition of Eileen Mary Morgan praying for leave to present an appeal notwithstanding the time limited by Standing Order I 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.

18. Lister and others (A.P.) (Petitioners) v. Hesley Hall Limited (Respondents)—The petition of Konrad Morrice Lister, Steven Robert Bilcliffe and Maurice Christopher Loaring praying for leave to appeal was presented and referred to an Appeal Committee. The second and third petitioners’ legal aid certificates were lodged (lodged 12th November).

19. Chief Adjudication Officer (Respondent) v. Stafford and another (Petitioner)—The petition of Daniel John Banks praying for leave to appeal was presented and referred to an Appeal Committee (lodged 10th November).

20. Regina v. Secretary of State for Trade and Industry (Respondent) ex parte Mercury Personal Communications Limited and others and others (Petitioners)—The petition of Orange Personal Communications Services Limited praying for leave to appeal was presented and referred to an Appeal Committee.

21. Knight (Petitioner) v. Sage Group plc (Respondents)—The petition of Miriam Knight 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.

22. National Westminster Bank plc (Respondents) v. Kitch (Petitioner)—The petition of John Stephen Kitch 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.

23. United Wire Limited (Respondents) v. Screen Repair Services (Scotland) Limited and another (Appellants) and others—It was ordered that the appeal be dismissed in accordance with Standing Order V, the appellant having failed to give security for costs by 3rd November.

24. Miah and others (Respondents) v. Khan (A.P.) (Appellant) and one other action—The appeal was set down for hearing and referred to an Appellate Committee.

25. White (Appellant) v. White (Respondent) (First Appeal)—

26. White (Appellant) v. White (Respondent) (Second Appeal)—

    (Conjoined Appeals)—

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

27. UCB Home Loans Corporation Limited (Respondents) v. Moore and another (A.P.) (Appellant)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 1st December next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

28. Magill (Appellant) v. Porter (Respondent)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 29th December next or to the third sitting day after the next ensuing meeting of the House (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

29. Magill (Appellant) v. Weeks (Respondent)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 29th December next or to the third sitting day after the next ensuing meeting of the House (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

30. Government of the United States of America (Respondents) v. Montgomery and another (Appellants)—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 December next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

31. National Westminster Bank plc (Respondents) v. Gill and Gill (A.P.) (Appellant)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 27th December next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

32. Anderton (A.P.) (by her mother and next friend) (Appellant) v. Clwyd County Council (Respondents)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 27th December next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

33. National Grid Company plc (Appellants) v. Mayes and others (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 20th December next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

34. Magill (Appellant) v. Porter (Respondent)—

35. Magill (Appellant) v. Weeks (Respondent)—

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

36. Appeal Committee—The following Order was made pursuant to the 67th Report, Session 1998-99—

    Regina v. Mental Health Review Tribunal (Respondents) and others ex parte Hall (A.P.) (Petitioner)—That the petition be referred for hearing.

37. Appeal Committee—The First Report from the Appeal Committee was agreed to and the following Order was made—

    In re F (a minor) (1999)—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.

38. Appeal Committee—The 2nd Report from the Appeal Committee was agreed to and the following Orders were made—

    Colley (A.P.) (Petitioner) v. Secretary of State for the Environment and another (Respondents)—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.

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

    Medforth (Respondent) v. Jones and another (Petitioners)—That the respondent be invited to lodge objections by 1st December next.

    Krasniqi (A.P.) (Petitioner) v. Chief Adjudication Officer and another (Respondents)— 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.

    In re Moringiello (Petitioner) (application for a writ of Habeas Corpus)—That leave to appeal be refused.

    Knight (Petitioner) v. Sage Group plc (Respondents)—That leave to appeal be refused.

39. Appeal Committee—The 3rd Report from the Appeal Committee was agreed to and the following Orders were made—

    Cil and others (Respondents) v. First National Bank of Maryland (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.

    Millington (A.P.) (Respondent) v. Secretary of State for the Environment, Transport and the Regions (Petitioner) and another—That leave to appeal be refused; and that the costs of the respondent be taxed in accordance with the Legal Aid Act 1988.

    Smithkline Beecham Biologicals SA (Respondents) v. Connaught Laboratories Inc (Petitioners)—That the respondents be invited to lodge objections by 1st December next.

    Regina v. Secretary of State for the Home Department (Petitioner) ex parte Adan (Respondent)—That the respondent be invited to lodge objections by 1st December next.

    Regina v. Secretary of State for the Home Department (Petitioner) ex parte Aitseguer (Respondent)—That the respondent be invited to lodge objections by 1st December next.

    Regina v. London Borough of Hillingdon (Petitioners) ex parte London Regional Transport (Respondents) and J.C. Decaux UK Limited (Interested Party)—That the petition be referred for hearing.

    Secretary of State for Social Security (Respondent) v. Morgan (Petitioner) (Scotland)—That leave to present an appeal notwithstanding the time limited by standing order I has expired 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. Kitch (Petitioner)—That leave to appeal be refused.

Papers

40. Command Papers—The following papers, having been presented to the House by command of Her Majesty on the dates shown, were ordered to lie on the Table:

    1. Health—Reform of the Mental Health Act 1983: Government consultation document; (16th November)      (4480)

    2. Maritime Boundaries—Agreement between the United Kingdom, Denmark and the Faroe Islands relating to Maritime Delimitation in the area between the United Kingdom and the Faroe Islands; (17th November)      (4514)

    3. Science and Technology—Amendment to the Protocol on Scientific and Technological Co-operation between the United Kingdom and China; (17th November)      (4513)

    4. Shipping—Agreement between Estonia, Finland and Sweden regarding the M/S Estonia with Additional Protocol; (17th November)      (4512)

    5. Headquarters Agreement—Headquarters Agreement between the United Kingdom and the International Mobile Satellite Organisation; (17th November)      (4511)

    6. Finance—Treasury Minutes on the 24th and 35th-38th Reports from the House of Commons Committee of Public Accounts, session 1998-99. (17th November)      (4515)

41. Statutory Instruments (Standing Order 70)—The following negative instruments, having been laid before the House on 15th November, were ordered to lie on the Table:

    1. Housing Accommodation (Persons subject to Immigration Control) (Amendment) (England) Order 1999, laid under the Asylum and Immigration Act 1996;      (3057)

    2. Asylum Support (Interim Provisions) Regulations 1999, laid under the Immigration and Asylum Act 1999.      (3056)

42. Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

    Draft Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2000.

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

    Financial Services Act 1986 (Exemption) Order 1999, laid under the Financial Services Act 1986.      (3085)

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

    1.      Report and Accounts for 1998-99 of the Scottish Legal Aid Board, laid under the Legal Aid (Scotland) Act 1986;

    2.      Accounts for 1998-99 of the National Museum of Wales, together with the Report of the Comptroller and Auditor General, laid under the Museums and Galleries Act 1992;

    3.      Report and Accounts for 1998-99 of Food From Britain, laid under the Agriculture Marketing Act 1983;

    4.      Report and Accounts for 1998-99 of the Scottish Transport Group, laid under the Transport Act 1962;

    5.      First Report of the Exercise of Functions by Enforcement Authorities under the Energy Information (Refrigerators and Freezers) Regulations 1994, laid under those Regulations.

The House was adjourned at a quarter before five o’clock

till tomorrow, two o’clock for judicial business,

three o’clock for public business.

MICHAEL DAVIES

Cler: Parliamentor:

CORRECTION

In the Minutes of Proceedings of 10th November the following item should have been included in item 6 (Negative Instruments):

    2. (xiii)      Hackney Education Action Zone Order 1999, laid under the School Standards and Framework Act 1998;      (3025)

 
 
 
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Prepared: 18 november 1999