HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Jovis 25° Novembris 1999
The House met at two oclock.
PRAYERS were read by the Lord Bishop of Blackburn.
1. McFarlane and another (A.P.) (Respondents) v. Tayside Health Board (Appellants) (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 of 9th January 1998 be recalled, save in respect of the second respondents claim for solatium; that there should be excluded from probation the averments relating to the second respondents claim for loss of wages as a result of the birth of the child and to the costs incurred by the respondents in caring for, feeding, clothing and maintaining of the child and of her layette; that the second respondent should be allowed a proof before answer of her claim for solatium; that the cause be remitted back to the Lord Ordinary to proceed as accords; that the amount of the appellants expenses in the Court of Session and costs before this House to be paid by the respondents as assisted persons be modified to nil under the provisions of the Legal Aid (Scotland) Act 1986; and that the expenses of the appellants in the Outer and Inner Houses of the Court of Session and their costs before this House be paid out of the Scottish Legal Aid Fund in accordance with section 19 of the Legal Aid (Scotland) Act 1984, such order to be suspended for four weeks to allow the Scottish Legal Aid Board to object if they wish; and that the amount of the costs in this House be certified by the Clerk of the Parliaments if not agreed between the parties.
2. Coventry and Solihull Waste Disposal Company Limited (Appellants) v. Russell (Valuation Officer) (Respondent)The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 22nd May 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.
3. Regina v. Secretary of State for Trade and Industry (Respondent) ex parte Mercury Personal Communications Limited and others (Petitioners) and othersThe petition of Mercury Personal Communications Limited and Mercury Personal Communications 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. Bettison and others (Respondents) v. Langton and others (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 27th 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 15th November).
5. Appeal CommitteeThe following Order was made pursuant to the 70th Report, Session 1998-99
Lancashire County Council and another (Respondents) v. Barlow and another (Petitioners) and one other action That leave to appeal be given, and that the petition of appeal be lodged by 9th December next.
The House was adjourned during pleasure.
The House was resumed.
6. Earl of Snowdon (Lord Armstrong-Jones)Antony Charles Robert Earl of Snowdon, having been created Baron Armstrong-Jones, of Nymans in the County of West Sussex, for life by Letters Patent dated 3 oclock in the afternoon of 16th November 1999, took and subscribed the oath pursuant to statute.
7. Instrument withdrawnThe following instrument, laid before the House on 24th July, was withdrawn:
Draft Producer Responsibility Obligations (Packaging Waste) (Amendment) (No. 2) Regulations 1999.
8. Command PapersThe following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. Fire ServicesReport for 1998-99 of Her Majestys Chief Inspector of Fire Services for Scotland; (4518)
2. Intelligence ServicesReport for 1998-99 of the Intelligence and Security Committee. (4532)
9. Affirmative InstrumentsThe following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft Producer Responsibility Obligations (Packaging Waste) (Amendment) (No. 2) Regulations 1999;
2. Draft Non-Domestic Rating (Chargeable Amounts) (England) Regulations 1999.
10. Negative InstrumentsThe following instruments were laid before the House and ordered to lie on the Table:
1. (i) Habitat (Salt-Marsh) (Amendment) Regulations 1999 (3161)
(ii) Habitat (Water Fringe) (Amendment) Regulations 1999 (3160)
(iii) Equal Opportunities (Employment Legislation) (Territorial Limits) Regulations 1999 (3163)
laid under the European Communities Act 1972;
2. Welfare Reform and Pensions (Northern Ireland) Order 1999, laid under the Welfare Reform and Pensions Act 1999; (3147)
3. Northern Ireland Assembly Commission (Crown Status) Order 1999, laid under the Northern Ireland Act 1998; (3145)
4. Parliamentary Copyright (Northern Ireland Assembly) Order 1999, laid under the Copyright, Designs and Patents Act 1988; (3146)
5. Wireless Telegraphy (Third Generation Licences) Regulations 1999, laid under the Wireless Telegraphy Act 1998. (3162)
11. Papers not subject to parliamentary proceedingsThe following papers were laid before the House and ordered to lie on the Table:
1. Report and Accounts for 1998-99 of the Scottish Conveyancing and Executry Services Board, laid under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;
2. Report for August 1998 to July 1999 of the Pensions Compensation Board, laid under the Pensions Act 1995;
3. Report for 1998-99 of the Parliamentary Ombudsman for Northern Ireland and the Northern Ireland Commissioner for Complaints, laid under the Ombudsman (Northern Ireland) Order 1996 and the Commissioner for Complaints (Northern Ireland) Order 1996;
4. (i) Afghanistan (United Nations Sanctions) Order 1999 (3133)
(ii) Afghanistan (United Nations Sanctions) (Channel Islands) Order 1999 (3134)
(iii) Afghanistan (United Nations Sanctions) (Isle of Man) Order 1999 (3135)
(iv) Afghanistan (United Nations Sanctions) (Overseas Territories) Order 1999 (3136)
laid under the United Nations Act 1946.
Select Committee Report
12. Science and TechnologyThe First Report from the Select Committee, Non-Food Crops, was made; it was ordered that the Report be printed, together with the Minutes of Evidence. (HL Paper 5)
13. Local Government Bill [HL]A bill to make provision with respect to the functions and procedures of local authorities and provision with respect to local authority elections; to make provision with respect to grants and housing benefit in respect of certain welfare services; and for connected purposes was presented by the Baroness Farrington of Ribbleton, on behalf of the Lord Whitty, read a first time and ordered to be printed. (HL Bill 9)
14. Local Government Bill [HL]It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 9-EN)
15. Common Agricultural Policy (ECC Report)It was moved by the Lord Reay that this House takes note of the Report of the European Communities Committee on A Reformed CAP? The outcome of Agenda 2000 (8th Report, Session 1998-99, HL Paper 61); after debate, the motion was agreed to.
16. Fraud (ECC Report)It was moved by the Lord Hope of Craighead that this House takes note of the Report of the European Communities Committee on Prosecuting Fraud on the Communities Financesthe Corpus Juris (9th Report, Session 1998-99, HL Paper 62); after debate, the motion was agreed to.
The House was adjourned at eight minutes before eight oclock
to Monday next, half-past two oclock.
In the division on 24th November, L. Brabazon of Tara voted Content and L. Burlison voted Not Content.