HL Deb 20 March 1997 vol 579 cc1052-3
The Chairman Of Committees (Lord Boston of Faversham)

My Lords, I beg to move the Motion standing in my name on the Order Paper.

In inviting the House to agree to the Report of the Committee for Privileges I should like to pay tribute to the noble and learned Lords, Lord Jauncey of Tullichettle and Lord Slynn of Hadley. They felt, I think rightly, that the House would wish to conclude this long-running matter before the end of the present Parliament and have produced their opinions with the minimum of delay. I am sure that the House will wish me to express our gratitude to them for that. I thank also the noble and learned Lords, Lord Keith of Kinkel and Lord Ackner, for their assistance in the committee. I am grateful also to my fellow lay members of the committee for their help.

Those of your Lordships who have had an opportunity of reading the opinions of the noble and learned Lords will, I am sure, have no doubt that the committee has reached the right conclusion and that neither of the two sons purporting to be the sons of the Third Baron can, in fact, be an heir to the peerage. In the case of the elder, Andrew, the committee was shown overwhelming genetic evidence that he cannot be the son of the late Lord Moynihan; and so far as the younger, Daniel, is concerned, the evidence clearly shows that he is the child of a bigamous marriage and is therefore illegitimate. In those circumstances, it is clear beyond doubt that the petitioner, Colin Moynihan, must be the rightful heir and that his Petitions must succeed.

Moved, That the Report from the Committee for Privileges be agreed to (HL Paper 53).—(The Chairman of Committees.)

Following is the report referred to:

ORDERED TO REPORT:

That the Committee have met and have considered the Petition of the Honourable Colin Berkeley Moynihan to Her Majesty, praying that Her Majesty will be graciously pleased to direct that a Writ of Summons be issued to him as Baron Moynihan, together with Her Majesty's Reference to this House and the report of the Attorney General thereon:

That the Committee have also considered the application of Daniel Patrick Berkeley Moynihan (by his mother and next friend Jinna Sabiaga) praying for leave to be heard in opposition to the said Petition and, leave having been given, the Committee have heard Counsel on behalf of the said Daniel Patrick Berkeley Moynihan; and

That the Committee have also heard the Attorney General on behalf of the Crown and have heard the Petitioner in person, and have come to the following Resolution:

That Daniel Patrick Berkeley Moynihan has not succeeded in his opposition to the Petition and that the Petitioner, the Honourable Colin Berkeley Moynihan, claiming to have succeeded to the Barony of Moynihan has made out his claim to the said Barony.

On Question, Motion agreed to.