House of Lords Journal 232 (Session 1998-99)


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Page 73

1998-99

Volume 232      

Monday 11 January  1999

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

The following Lords Spiritual and Temporal were present:

Irvine of Lairg, L.
(Lord Chancellor)

Aberdare, L.
Ackner, L.
Acton, L.
Addington, L.
Addison, V.
Ahmed, L.
Ailesbury, M.
Ailsa, M.
Alexander of Tunis, E.
Allen of Abbeydale, L.
Alli, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St. Johns, B.
Annan, L.
Archer of Sandwell, L.
Ashley of Stoke, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Belhaven and Stenton, L.
Beloff, L.
Biffen, L.
Birdwood, L.
Blackstone, B.
Blease, L.
Bledisloe, V.
Blyth, L.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bragg, L.
Bridgeman, V.
Bridges, L.
Brightman, L.
Broadbridge, L.
Brookman, L.
Brougham and Vaux, L.
Broughshane, L.
Bruce of Donington, L.
Bruntisfield, L.
Burlison, L.
Burnham, L.
Burns, L.
Buscombe, B.
Butterworth, L.
Byford, B.
Cadman, L.
Caithness, E.
Calverley, L.
Campbell of Alloway, L.
Campbell of Croy, L.
Carlisle, E.
Carnegy of Lour, B.
Carrick, E.
Carter, L.
Carver, L.
Chadlington, L.
Chalfont, L.
Chapple, L.
Charteris of Amisfield, L.
Chesham, L.
Christopher, L.
Clancarty, E.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clement-Jones, L.
Clinton, L.
Clinton-Davis, L.
Clyde, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Coleraine, L.
Coleridge, L.
Colville of Culross, V.
Colwyn, L.
Constantine of Stanmore, L.
Cooke of Islandreagh, L.
Cooke of Thorndon, L.
Courtown, E.
Cowdrey of Tonbridge, L.
Craig of Radley, L.
Craigmyle, L.
Crickhowell, L.
Cross, V.
Cuckney, L.
Currie of Marylebone, L.
Dahrendorf, L.
Darcy de Knayth, B.
David, B.
Davidson, V.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Beswick, L.
Denbigh, E.
Denham, L.
Denton of Wakefield, B.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Dormand of Easington, L.
Drogheda, E.
Eden of Winton, L.
Elibank, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Emerton, B.
Erroll, E.
Evans of Watford, L.
Exmouth, V.
Ezra, L.
Falconer of Thoroton, L.
Falkland, V.
Farrington of Ribbleton, B.
Ferrers, E.
Fitt, L.
Flather, B.
Fookes, B.
Fraser of Carmyllie, L.
Freyberg, L.
Gainford, L.
Gardner of Parkes, B.
Geraint, L.
Glanusk, L.
Glentoran, L.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Graham of Edmonton, L.
Gray of Contin, L.
Greenway, L.
Grenfell, L.
Grey, E.
Hacking, L.
Halsbury, E.
Hankey, L.
Hanningfield, L.
Harding of Petherton, L.
Hardy of Wath, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harrowby, E.
Haskel, L.
Hayhoe, L.
Hayman, B.
Hayter, L.
Henley, L.
Hilton of Eggardon, B.
Hogg of Cumbernauld, L.
Holderness, L.
Holme of Cheltenham, L.
HolmPatrick, L.
Home, E.
Hooson, L.
Hope of Craighead, L.
Howe, E.
Howell of Guildford, L.
Howie of Troon, L.
Hoyle, L.
Hughes, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Hylton-Foster, B.
Ironside, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jeffreys, L.
Jeger, B.

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Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Johnston of Rockport, L.
Kennet, L.
Kilbracken, L.
Kingsland, L.
Kinloss, Ly.
Kinnoull, E.
Kintore, E.
Kirkhill, L.
Kirkwood, L.
Knight of Collingtree, B.
Laming, L.
Lamont of Lerwick, L.
Lauderdale, E.
Lawrence, L.
Lawson of Blaby, L.
Layton, L.
Leathers, V.
Leigh, L.
Lester of Herne Hill, L.
Lindsey and Abingdon, E.
Listowel, E.
Liverpool, E.
Lofthouse of Pontefract, L.
Longford, E.
Lucas, L.
Lucas of Chilworth, L.
Ludford, B.
Luke, L.
Lyell, L.
McConnell, L.
McIntosh of Haringey, L.
Macleod of Borve, B.
McNair, L.
McNally, L.
Maddock, B.
Mallalieu, B.
Malmesbury, E.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Marshall of Knightsbridge, L.
Masham of Ilton, B.
Massereene and Ferrard, V.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Mersey, V.
Meston, L.
Miller of Hendon, B.
Millett, L.
Milner of Leeds, L.
Milverton, L.
Mishcon, L.
Molloy, L.
Molyneaux of Killead, L.
Monkswell, L.
Monson, L.
Montagu of Beaulieu, L.
Montgomery of Alamein, V.
Morris, L.
Morris of Castle Morris, L.
Mountevans, L.
Mowbray and Stourton, L.
Moyne, L.
Munster, E.
Murton of Lindisfarne, L.
Napier and Ettrick, L.
Naseby, L.
Nathan, L.
Nelson, E.
Newall, L.
Newby, L.
Newton of Braintree, L.
Noel-Buxton, L.
Northesk, E.
Norton, L.
Nunburnholme, L.
O’Cathain, B.
Oxfuird, V.
Palmer, L.
Paul, L.
Peel, E.
Pender, L.
Perry of Southwark, B.
Perry of Walton, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Ponsonby of Shulbrede, L.
Prior, L.
Prys-Davies, L.
Puttnam, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rendell of Babergh, B.
Rennell, L.
Renton, L.
Renwick, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rotherwick, L.
Rowallan, L.
Ryder of Wensum, L.
Saint Albans, D.
St. Davids, V.
St. John of Bletso, L.
Sandwich, E.
Savile, L.
Sawyer, L.
Scotland of Asthal, B.
Seccombe, B.
Sefton of Garston, L.
Selkirk of Douglas, L.
Shannon, E.
Sharples, B.
Shaughnessy, L.
Shaw of Northstead, L.
Shepherd, L.
Sheppard of Liverpool, L.
Shore of Stepney, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Slim, V.
Slynn of Hadley, L.
Spens, L.
Stallard, L.
Steel of Aikwood, L.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathcarron, L.
Strathclyde, L.
Sudeley, L.
Swansea, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Tenby, V.
Teynham, L.
Thomas of Gresford, L.
Thomas of Gwydir, L.
Thomson of Monifieth, L.
Thornton, B.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trumpington, B.
Turner of Camden, B.
Ullswater, V.
Vinson, L.
Vivian, L.
Wade of Chorlton, L.
Wakefield, Bp.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Walton of Detchant, L.
Weatherill, L.
Weidenfeld, L.
Westbury, L.
Wharton, B.
Whitty, L.
Wigoder, L.
Wilberforce, L.
Wilcox, B.
Williams of Mostyn, L.
Winston, L.
Wise, L.
Young, B.
Young of Old Scone, B.

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PRAYERS were read by the Lord Bishop of Wakefield.

1.Leave of absence—It was ordered that the leave of absence granted to the Lord Melchett be terminated.

Judicial Business

2.Walker (Her Majesty’s Inspector of Taxes) (Respondent) v. Centaur Clothes Group Limited (Appellants) (England) (lodged 22nd December)—The appeal of Centaur Clothes Group Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 22nd February next.
3.Berkeley (Appellant) v. Secretary of State for the Environment and others (Respondents) (England) (lodged 17th December)—The appeal of Dido Berkeley was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 22nd February next.
4.Reed (Respondent) v. Graham (Petitioner) (lodged 16th December)—The petition of Alan Harry Graham praying for leave to appeal was presented and referred to an Appeal Committee.
5.Taylor Clark International Limited (Petitioners) v. Lewis (Her Majesty’s Inspector of Taxes) (Respondent) (lodged 17th December)—The petition of Taylor Clark International Limited praying for leave to appeal was presented and referred to an Appeal Committee.
6.Berezovsky (Respondent) v. Michaels and others (Petitioners) (lodged 21st December)—The petition of James M Michaels and Forbes Inc., praying for leave to appeal was presented and referred to an Appeal Committee.
7.Glouchkov (Respondent) v. Michaels and others (Petitioners) (lodged 21st December)—The petition of James M Michaels and Forbes Inc., praying for leave to appeal was presented and referred to an Appeal Committee.
8.Costello (Respondent) v. Chief Constable of Northumbria (Petitioner) (lodged 4th January)—The petition of the Chief Constable of Northumbria praying for leave to appeal was presented and referred to an Appeal Committee.
9.Roberts (Respondent) v. Winbow (Petitioner) (lodged 4th January)—The petition of Dr. Adrian John Winbow praying for leave to appeal was presented and referred to an Appeal Committee.
10.Garner (Her Majesty’s Inspector of Taxes) (Respondent) v. Pounds Shipowners and Shipbreakers Limited (Petitioners) and one other action (lodged 4th January)—The petition of Pounds Shipowners and Shipbreakers Limited and Henry Richard Pounds (in substitution for Henry Frederick Pounds, deceased) praying for leave to appeal was presented and referred to an Appeal Committee.
11.Midland Bank plc (Respondents) v. Wallace and another (A.P.) (Petitioner)—The petition of Anna Maria Wallace 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.
12.In re Barker (A.P.) (Petitioner) (application for a writ of Habeas Corpus)—The petition of Melanie Barker 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.
13.Regina v. Kelly (Petitioner) (lodged 5th January)—The petition of Edward Kelly praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Criminal Appeal Act 1968, was presented and referred to an Appeal Committee.
14.Coventry & Solihull Waste Disposal Company Limited (Appellants) v. Russell (Valuation Officer) (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee.
15.Regina v. Bartle and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—
16.Regina v. Evans and another and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—

The petition of Amnesty International, the Medical Foundation for the Care of Victims of Torture, the Redress Trust, Mary Ann Beausire, Juana Francisa Beausire, Dr. Sheila Anne Cassidy and the Association of Relatives of Disappeared Prisoners—U K Branch was presented praying that they might be heard or otherwise intervene in the said appeals (the agents for the appellants and the respondents not consenting thereto), and was referred to an Appeal Committee.

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17.Regina v. Bartle and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—
18.Regina v. Evans and another and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—

The petition of Human Rights Watch was presented praying that they might be heard or otherwise intervene in the said appeals (the agents for the appellants and the respondents not consenting thereto), and was referred to an Appeal Committee.

19.Regina v. Bartle and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—
20.Regina v. Evans and another and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—

The petition of the Republic of Chile was presented praying that they might be heard or otherwise intervene in the said appeals (the agents for the appellants and the respondents not consenting thereto), and was referred to an Appeal Committee.

21.Regina v. Bartle and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—
22.Regina v. Evans and another and the Commissioner of Police for the Metropolis and others (Appellants) ex parte Pinochet (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—

The petition of Nicole Franc”ois Drouilly and Marco Antonio Enriquez praying that they might be heard or otherwise intervene in the said appeals was withdrawn.

23.West Bromwich Building Society (Appellants) v. Mander Hadley (Respondents)—The petition of the appellants (lodged 17th December) praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 8th February next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
24.Chief Adjudication Officer (Appellant) v. Faulds (Respondent) (Scotland)—The petition of the appellant (lodged 21st December) praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 1st February next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
25.Waters (A.P.) (Appellant) v. Commissioner of Police for the Metropolis (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 11th February next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
26.Regina v. Secretary of State for the Home Office (Respondent) ex parte Rajaratnam (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 24th February next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
27.Dawson (A.P.) (Appellant) v. Wearmouth (A.P.) (Respondent)—The respondent’s legal aid certificate was lodged.

Papers

28.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.Finance—Financial Services and Markets Bill: a consultation document; (21st December)
 (—)
2.Museums and Galleries—
(i)Note of increase in indemnity for objects on loan to the Tate Gallery; (22nd December)(—)
(ii)Financial Statements for 1997–98 of the Museum of London, together with the Governors’ and Auditors’ reports; (6th January)(—)
3.Tower Hill Vaults—Departmental Minute of 11th January 1999 concerning the Proposal for the Secretary of State for Culture, Media and Sport to act as Guarantor for the Lease of the Tower Hill Vaults Site. (11th January)
 (—)

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29.Statutory Instruments (Standing Order 68)—The following statutory instruments, having been laid before the House on the dates shown, were ordered to lie on the Table:

Negative instruments

Plant Health (Forestry) (Great Britain) (Amendment) (No. 2) Order 1998, laid under the Plant Health Act 1967;310918th December
School Standards and Framework Act 1998 (Proposals under section 211 of the Education Act 1996) (Transitional Provisions) Regulations 1998, laid under the School Standards and Framework Act 1998;317218th December
Births, Deaths, Marriages and Divorces (Fees) (Scotland) Amendment Regulations 1998, laid under the Registration of Births, Deaths and Marriages (Scotland) Act 1965;319121st December
(i) Television Broadcasting Regulations 1998—319621st December
(ii) Arable Area Payments (Amendment) Regulations 1998—316921st December
Laid under the European Communities Act 1972;
School Standards and Framework Act 1998 (Modification) (No.2) Regulations 1998, laid under the School Standards and Framework Act 1998;321722nd December
Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Luton) Order 1998, laid under the Road Traffic Act 1991;320722nd December
Education (School Performance Information) (England) (Amendment) Regulations 1998, laid under the School Standards and Framework Act 1998;326023rd December
Local Authorities Etc. (Allowances) (Scotland) Amendment Regulations 1998, laid under the Local Government (Scotland) Act 1973;321723rd December
Scotland Act 1998 (Transitional and Transitory Provisions) (Subordinate Legislation under the Act) Order 1998, laid under the Scotland Act 1998;321623rd December
British Nationality (Cameroon and Mozambique) Order 1998, laid under the British Nationality Act 1981;31614th January
Merchant Shipping (Falkland Islands Colours) Order 1998, laid under the Merchant Shipping Act 1995;31474th January
Health Service Commissioner for England (London Post-Graduate Teaching Hospitals Designation Orders) Revocation Order 1998, laid under the Health Service Commissioners Act 1993;31494th January
Housing Benefit (General) Amendment (No. 2) Regulations 1998, laid under the Social Security Contributions and Benefits Act 1992;32574th January
Building Societies (Business Names) Regulations 1998, laid under the Building Societies Act 1986;31865th January
Local Government Act 1988 (Defined Activities) (Exemptions) (No. 4) Order 1998, laid under the Local Government Act 1988;32326th January
(i) Asbestos (Licensing) (Amendment) Regulations 1998—32336th January
(ii) Control of Asbestos at Work (Amendment) Regulations 1998—32356th January
Laid under the Health and Safety at Work etc. Act 1974;
Financial Assistance for Environmental Purposes (No. 4) Order 1998, laid under the Environmental Protection Act 1990;32346th January
Local Government Finance (New Parishes) (Amendment) Regulations 1998, laid under the Local Government Finance Act 1992;32706th January
School Standards and Framework Act 1998 (School Playing Fields) (Modification) (England) Regulations 1999, laid under the School Standards and Framework Act 1998;17th January
Education (School Premises) Regulations 1999, laid under the Education Act 1996;27th January
Road Traffic (Special Parking Area) (London Borough of Redbridge) (Amendment) Order 1998, laid under the Road Traffic Act 1991;32388th January
(i) NCIS Service Authority (Levying) (Amendment) Order 1998—32588th January

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(ii) National Crime Squad Service Authority (Levying) (Amendment) Order 1998—32598th January
Laid under the Police Act 1997;
Social Security (Categorisation of Earners) Amendment Regulations 1999, laid under the Social Security Contributions and Benefits Act 1992;38th January
Prevention of Accidents to Children in Agriculture Regulations 1998, laid under the Health and Safety at Work etc. Act 1974;32628th January
Instruments not subject to parliamentary proceedings
Number of Members of South Wales Police Authority Order 1998, laid under the Police Act 1996;321523rd December
Iraq and Kuwait (United Nations Sanctions) (Amendment) Order 1998, laid under the United Nations Act 1946.31634th January

30.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft European Communities (Definition of Treaties) (North-East Atlantic Fisheries Commission) Order 1999;
2.Draft European Communities (Immunities and Privileges of the North-East Atlantic Fisheries Commission) Order 1999.
31.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Medicines (Standard Provisions for Licences and Certificates) Amendment Regulations 1999, laid under the Medicines Act 1968;
 (4)
2.Rent Acts (Maximum Fair Rent) Order 1999, laid under the Landlord and Tenant Act 1985.
 (6)
32.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. (i)Amendment 20 to the Territorial Army Regulations 1978—
(ii)Amendment to the regulations for the Royal Air Force Reserve and the Royal Auxiliary Air Force—
 laid under the Reserve Forces Act 1996;
2.Report and Accounts for 1997–98 of the Milk Development Council, laid under the Industrial Organisation and Development Act 1947;
3.Receipts and Payments for 1997–98 of the Commissioners of Customs and Excise in Account with the Government of the Isle of Man, together with the Report of the Comptroller and Auditor General, laid under the Isle of Man Act 1979;
4.Account for 1997–98 of the National Insurance Fund, together with the Report of the Comptroller and Auditor General, laid under the Social Security Administration Act 1992;
5.Account for 1997–98 of the Criminal Injuries Compensation Authority, together with the Report of the Comptroller and Auditor General, laid under the Criminal Injuries Compensation Act 1995;
6.Accounts for 1997–98 of the National Biological Standards Board, together with the Report of the Comptroller and Auditor General, laid under the Biological Standards Act 1975;
7.Accounts for 1997–98 of the Natural Environment Research Council, together with the Report of the Comptroller and Auditor General, laid under the Science and Technology Act 1965.

Private Business

33.Private Bills—The Examiners’ certificates that the Standing Orders applicable to the petitions for the following bills have been complied with were delivered and ordered to lie on the Table:

Baxi Partnership Limited Trusts;

City of London (Ward Elections);

City of Newcastle upon Tyne;

HFC Bank;

Imperial College;

Kent County Council;

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Medway Council;

Transport Salaried Staffs’ Association (Amendment of Rules) etc. ;

United Reformed Church;

University College London.

Public Business

34.Monetary Policy Committee of the Bank of England—It was moved by the Chairman of Committees, on behalf of the Committee of Selection, that the Lord Poole be appointed to serve as a member of the Select Committee in the place of the Lord Tebbit; the motion was agreed to.
35.Trustee Delegation Bill [HL]—It was moved by the Lord Falconer of Thoroton, on behalf of the Lord Chancellor, that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Committee of the Whole House.
36.Contracts (Rights of Third Parties) Bill [HL]—It was moved by the Lord Chancellor that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Committee of the Whole House.
37.Broadcasting (Restrictions on the Holding of Licences) (Amendment) Order 1998—It was moved by the Lord McIntosh of Haringey that the draft Order laid before the House on 11th November 1998 be approved; after debate, the motion was agreed to.
38.MMR vaccine—The Lord Clement-Jones asked Her Majesty’s Government whether the Department of Health plan to issue new guidance on MMR (measles, mumps and rubella) vaccine in the light of new medical evidence and litigation recently instituted against pharmaceutical companies manufacturing the vaccine; after debate, the question was answered by the Lord Hunt of Kings Heath.

The House was adjourned at five minutes past seven o’clock
till tomorrow, half-past two o’clock.