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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 18° Novembris 1999

The House met at two o’clock.

PRAYERS were read by the Lord Bishop of Birmingham.

Judicial Business

1. Carmichael and another (Respondents) v. National Power plc (Appellants)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 27th March 1998 be set aside and that the Orders of the Employment Appeal Tribunal of 24th May 1996 and of the Industrial Tribunal of 11th September 1995 be restored; and that the Respondents do pay to the Appellants their 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.

2. Imperial Chemical Industries (Respondents) v. Colmer (Her Majesty’s Inspector of Taxes) (Appellant)—The further Report from the Appellate Committee was agreed to, further to the Order of the House of 24th July 1996 whereby certain questions were referred to the Court of Justice of the European Communities; the Judgment of that Court having been given on 16th July 1998, it was ordered and adjudged that the Order of the Court of Appeal of 15th July 1993 and the Order of Mr Justice Millett of 13th December 1991 be set aside save as to costs and that the Decision of the Commissioner for the Special Purposes of the Income Tax Acts of 31st January 1990 be restored; and that the Appellant pay to the Respondents their costs in the Court of Justice of the European Communities and in this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties.

3. National Westminster Bank plc (Respondents) v. Amin (executrix of the estate of Mohammed Amin) and another (A.P.) (Petitioner)—The petition of Rashida Amin 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 petitioner’s legal aid certificate was lodged.

4. Three Rivers District Council and others (Original Appellants and Cross-respondents) v. Governor and Company of the Bank of England (Original Respondents and Cross-appellants)—The petition of the Governor and Company of the Bank of England praying for leave to adduce evidence on the implementation of the first banking directive in the domestic law of Member States of the European Community was presented and referred to an Appeal Committee.

5. Three Rivers District Council and others (Original Appellants and Cross-respondents) v. Governor and Company of the Bank of England (Original Respondents and Cross-appellants)—The petition of the Governor and Company of the Bank of England praying for leave to adduce an affidavit of Howard John Davies was presented and referred to an Appeal Committee.

6. Barclays Bank plc (Respondents) v. Harris 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 29th December 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 (lodged 17th November).

7. Scandecor Development AB (Appellants) v. Scandecor Marketing AB and others (Respondents) and one other action—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 29th December next or to the third sitting day after the next ensuing meeting of the House (the agents for the respondents not consenting thereto) was presented and referred to an Appeal Committee (lodged 17th November).

8. In re G (A.P.) (a minor) (by his mother and next friend) (Respondent)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.

The House was adjourned during pleasure.

The House was resumed.

9. Viscount Cranborne (Lord Gascoyne-Cecil)—The Rt. Hon. Robert Michael James Viscount Cranborne, having been created Baron Gascoyne-Cecil, of Essendon in the County of Rutland, for life by Letters Patent dated noon on 17th November 1999, took and subscribed the oath pursuant to statute.

10. Lord Shepherd (Lord Shepherd of Spalding)—The Rt. Hon. Malcolm Newton Lord Shepherd, having been created Baron Shepherd of Spalding, of Spalding in the County of Lincolnshire, for life by Letters Patent dated 9 o’clock in the evening of 16th November 1999, took and subscribed the oath pursuant to statute.

Papers

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

    Transport—Government Response to the Report of the House of Commons Environment, Transport and Regional Affairs Committee on Tendered Bus Services.      (4519)

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

    1. Immigration (Transit Visa) (Amendment) Order 1999, laid under the Immigration (Carriers’ Liability) Act 1987;      (3086)

    2. Water Appointment (Competition Commission) Regulations 1999, laid under the Water Industry Act 1991;      (3088)

    3. Gas Act 1986 (Exemptions) (No. 2) Order 1999, laid under the Gas Act 1986;      (3089)

    4. Statement of Changes in Immigration Rules, laid under the Immigration Act 1971.

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

    1. Accounts for 1997-98 of the General Lighthouse Fund, laid under the Merchant Shipping Act 1995;

    2. Treasury Minute of 18th November 1999 directing the application of certain receipts as appropriations in aid of the votes specified in the winter supplementary estimates for the year ending 31st March 2000, laid under the Public Accounts and Charges Act 1891;

    3. Report for 1998-99 of the Scottish Charities Nominee, laid under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;

    4. Review and Report for 1998-99 of the Churches Conservation Trust, laid under the Pastoral Measure 1983;

    5. Report and Accounts for 1998-99 of English Heritage, laid under the National Heritage Act 1983.

Public Business

14. Armed Forces Discipline Bill [HL]—A bill to amend the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957 in relation to custody, the right to elect court-martial trial and appeals against findings made or punishments awarded on summary dealing or summary trial; and for connected purposes was presented by the Baroness Symons of Vernham Dean, read a first time and ordered to be printed. (HL Bill 1)

15. Armed Forces Discipline Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 1-EN)

16. Children (Leaving Care) Bill [HL]—A bill to make provision about children and young persons who are being, or have been, looked after by a local authority; to replace section 24 of the Children Act 1989; and for connected purposes was presented by the Lord Burlison, on behalf of the Lord Hunt of Kings Heath, read a first time and ordered to be printed. (HL Bill 2)

17. Children (Leaving Care) Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 2-EN)

18. Criminal Justice (Mode of Trial) Bill [HL]—A bill to make provision for determining the mode of trial in the case of offences triable either summarily or on indictment; and for connected purposes was presented by the Lord Bassam of Brighton, read a first time and ordered to be printed. (HL Bill 3)

19. Criminal Justice (Mode of Trial) Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 3-EN)

20. Crown Prosecution Service Inspectorate Bill [HL]—A bill to make provision for inspection of the Crown Prosecution Service was presented by the Lord Williams of Mostyn, read a first time and ordered to be printed. (HL Bill 4)

21. Crown Prosecution Service Inspectorate Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 4-EN)

22. Nuclear Safeguards Bill [HL]—A bill to enable effect to be given to the protocol signed at Vienna on 22nd September 1998 additional to the agreement for the application of safeguards in the United Kingdom in connection with the Treaty on the Non-Proliferation of Nuclear Weapons; to allow effect to be given to that agreement in certain territories outside the United Kingdom; and for connected purposes was presented by the Lord McIntosh of Haringey, read a first time and ordered to be printed. (HL Bill 5)

23. Nuclear Safeguards Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 5-EN)

24. Committee of Selection—It was moved by the Chairman of Committees that in accordance with Standing Order 63 a Committee of Selection be appointed to select and propose to the House the names of the Lords to form each select committee of the House (except the Committee of Selection itself and any committee otherwise provided for by statute or by order of the House) or any other body not being a select committee referred to it by the Chairman of Committees, and the panel of Deputy Chairmen of Committees; and that the following Lords together with the Chairman of Committees be named of the Committee—

L. Burnham

L. Carter

L. Harris of Greenwich

L. Henley

B. Jay of Paddington

L. McIntosh of Haringey

L. Rodgers of Quarry Bank

L. Strathclyde

V. Tenby

L. Weatherill;

    the motion was agreed to.

25. The Queen’s Speech—The debate on the motion that an Humble Address be presented to Her Majesty was resumed; then it was moved by the Lord Strathclyde, as an amendment thereto, at the end of the Address to insert “but regret the failure of Your Majesty’s Government to reduce the burden of taxation and regulation and deplore the incoherence and the lack of vision of the measures proposed by Your Majesty’s Government for the coming Session of Parliament.”; after debate, the debate on the motion for an Humble Address and on the amendment thereto was adjourned to Monday next.

The House was adjourned at eleven minutes past midnight

in the morning of Friday 19th November to Monday next, half-past two o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 19 november 1999