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4 ,,_, )~ 1245 Arbitration [ 18 JA:NUARY 1979 ] Bill [H.L.}
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• . ."· Lord HACKING: I say nothing, but I Amendment, by leave, withdrawn.
\ b'~g leave to withdraw. · ... ...
:_.·· ('~ ~~~iJendi.11ent, by_leave, •vithdrawn. Lord HACKING· mQ~'e.q .A.P1.G'lldment.
) No.29: " · ·
1246
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. .[Amendment No. 27 not moved.] Mter Clause 5, insert the fallowing new clause:
Amendmelll ofs. 1(4) of Arbitra:;on Art 1975
7.3p.m. ·
Lord HACKHJG moved Amendment
No.28:
P...ftt:r Clo.usc 5, insen the fqllowir·,g new dause:
Aml?lldm!'nt ,~f principal Act rdariug to
app()inunzilf of new arbitrators
(" . At the end of section 23 of the principal
Act tbere shall be added the foliowia!i;:
"\\'here an Arbitrator or Ump:re has been
removed lUlder subsection 23(1) above, any
party to the reference tm~y serve on the oH.cr
parties to the reference, a written noti.:··~ to
appoint, or, a~ tbc case may b.~. to conc:~r in
appointing, an Arbitrator or Umpire in place
of the Arbitrator or Umpire so remoYcd, and
if the a~'pointmcnt is not made within >even
clear days after the service of the notice, the
High Court or a Judge thereof may, on applica-
tion by the party \V;1o gave the notice, appoint
an Arbitrator or Umpire who shall have the
like powers to act within the reference and
make an award as had the Arbitnnur or
Umpire who has been removed.".").
The noble Lord said: Before I withdraw
this Amendment, may I mention that I
drafted this Amendment within the ambit
of the new clause that I am proposing to
replace Section 23. It is more appropriate
to have the appointment of another
arbitrator under terms {which other terms
come from other clauses of this Bill)
than to use the terms used in Section 25
of the Arbitration Act 1950. I beg to
move.
The LORD CHANCELLOR: The
Amendment a!Jowing the court to replace
an arbitrator removed for misconduct is,
I am advised, unnecessary. Section 25 of
the 1950 Act deals with the matter and
gives the court adequate powers to replace
a removed arbitrator. I do not know
whether that covers the point that the
noble Lord has made or not; but if he is
still reverting to the use of the concept
of misconduct in this connection, then,
as I have said, I am willing to look at that
again in other connections .
Lord HACKlNG: l will leave the
matter there. I haYe already mentioned
to the noble and learned Lord that I
believe these words are bct.ter than those
in Section 25. That is the reason why I
drafted them. 1 beg leave to withdraw
the Amendment.
(" . In subsection 1(4} Arbitrati0n .'.ct 1975
after '' i.> a party " tb.:re shall be added the
words'' to the proce,?dings ".").
The noble Lord said: I shall briefly
address the Committee on Amendments
29 and 30. The noble and lcarne:.! Lord
has already replied to my Amendment
No. 17 which is related to these Amend-
ments and he has !eft me in a position of
suspensron. I do not know the noble
and learned Lord's mind, but I am happy
to remam in suspension until H:e Report
stage or until such time as he is able to
take me out of it. I beg to move.
The LORD CHANCELLOR: I hope
that the noble Lord will not suffer unduly
in a state that I prefer to call suspended
animation rather than suspension.
Amendment, by leave, withdrawn.
[Amendment 30 not moved.]
Remaining clauses agreed to.
Home resumed: Bill reported with an
Amendment.
UNIDENlJFIED FLYING OBJECTS
7.7 p.m.·
The Earl of CLANCARTY rose to
call attention to the increasing number
of sightings and landings .:m a world-
wide scale of unidenti:kd flying objects
(l.JFOs), and to the need for an intr2.-
governmcntal study ofUFOs; and to move
for Papers. The noble Earl said: It is
with much pleasure that I introduce this
debate this evening about unideatified
flying objects-known more briet1y as
UFOs and sometimes as flying ~aucers.
I understand that this is the first time the
subject of UFOs has been debated in your
Lordships' House, so that this is indeed a
unique occasion. Before pro~eeding fur-
ther I think I should declare <m interest,
in that I have written a number of books
about UFOs. i am grateft.:l to those
noble Lords who arc going to !oilow me
in this debate and I am sure tbt it wiH
be. a most stimulating discussion.
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