House of Lords Journal 232 (Session 1998-99)


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Monday 7 June 1999

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

The following Lords Spiritual and Temporal were present:

Irvine of Lairg, L.
(Lord Chancellor)

Ackner, L.
Addington, L.
Addison, V.
Ahmed, L.
Ailesbury, M.
Ailsa, M.
Alanbrooke, V.
Aldington, L.
Alexander of Tunis, E.
Allenby of Megiddo, V.
Alli, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St. Johns, B.
Annaly, L.
Annan, L.
Archer of Sandwell, L.
Ashley of Stoke, L.
Astor of Hever, L.
Attlee, E.

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Avebury, L.
Baker of Dorking, L.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Belhaven and Stenton, L.
Berkeley, L.
Biddulph, L.
Biffen, L.
Birdwood, L.
Blackwell, L.
Blatch, B.
Blease, L.
Bledisloe, V.
Blyth, L.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Brabazon of Tara, L.
Bradford, Bp.
Bragg, L.
Brentford, V.
Bridgeman, V.
Brightman, L.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Bruntisfield, L.
Burnham, L.
Burns, L.
Buscombe, B.
Butler of Brockwell, L.
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.
Cavendish of Furness, L.
Chadlington, L.
Chalfont, L.
Chalker of Wallasey, B.
Charteris of Amisfield, L.
Chesham, L.
Christopher, L.
Clancarty, E.
Clanwilliam, E.
Clark of Kempston, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cochrane of Cults, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Colwyn, L.
Cooke of Islandreagh, L.
Cope of Berkeley, L.
Cowdrey of Tonbridge, L.
Cox, B.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cumberlege, B.
Dahrendorf, L.
David, B.
Davidson, V.
Davies, L.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Dearing, L.
Desai, L.
Dholakia, L.
Dilhorne, V.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Dormand of Easington, L.
Drogheda, E.
Dunleath, L.
Eatwell, L.
Eccles, V.
Elibank, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Ely, M.
Erroll, E.
Evans of Parkside, L.
Evans of Watford, L.
Ewing of Kirkford, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Ferrers, E.
Fitt, L.
Flather, B.
Fookes, B.
Freyberg, L.
Gainford, L.
Gainsborough, E.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Geraint, L.
Gilbert, L.
Gladwin of Clee, L.
Gladwyn, L.
Glanusk, L.
Glenarthur, L.
Glentoran, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Gowrie, E.
Graham of Edmonton, L.
Greenway, L.
Grenfell, L.
Grey, E.
Hacking, L.
Halsbury, E.
Hanningfield, L.
Harding of Petherton, L.
Hardy of Wath, L.
Harlech, L.
Harmsworth, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harris of High Cross, L.
Harrowby, E.
Haslam, L.
Hayman, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hogg, B.
Hogg of Cumbernauld, L.
HolmPatrick, L.
Home, E.
Hope of Craighead, L.
Howe, E.
Hoyle, L.
Hughes, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Hussey of North Bradley, L.
Hylton-Foster, B.
Ironside, L.
Islwyn, L.
Jauncey of Tullichettle, L.
Jay of Paddington, B.
Jeger, B.
Jellicoe, E.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jopling, L.
Judd, L.
Kenilworth, L.
Kennet, L.
Kingsland, L.
Kinloss, Ly.
Kinnoull, E.
Kirkhill, L.
Kitchener, E.
Knight of Collingtree, B.
Knollys, V.
Laing of Dunphail, L.
Laming, L.
Lang of Monkton, L.
Lauderdale, E.
Lawrence, L.
Layton, L.
Leigh, L.
Lindsay, E.
Linklater of Butterstone, B.
Listowel, E.
Liverpool, E.
Lockwood, B.
Lofthouse of Pontefract, L.
Long, V.
Longford, E.
Lovell-Davis, L.
Luke, L.
Lyell, L.
McCarthy, L.
Macclesfield, E.
McColl of Dulwich, L.
McConnell, L.
McIntosh of Haringey, L.
Mackay of Drumadoon, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
McNair, L.
McNally, L.
Mar, C.
Mar and Kellie, E.

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Marlesford, L.
Marsh, L.
Mason of Barnsley, L.
Massereene and Ferrard, V.
Merlyn-Rees, L.
Meston, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Milner of Leeds, L.
Milverton, L.
Mishcon, L.
Molloy, L.
Molyneaux of Killead, L.
Monkswell, L.
Monson, L.
Montagu of Beaulieu, L.
Montague of Oxford, L.
Montgomery of Alamein, V.
Moore of Wolvercote, L.
Moran, L.
Morris, L.
Morris of Castle Morris, L.
Morris of Manchester, L.
Mountevans, L.
Mowbray and Stourton, L.
Moyne, L.
Moynihan, L.
Munster, E.
Murray of Epping Forest, L.
Murton of Lindisfarne, L.
Napier and Ettrick, L.
Naseby, L.
Nelson, E.
Newall, L.
Newby, L.
Noel-Buxton, L.
Norrie, L.
Northbourne, L.
Northbrook, L.
Norton, L.
Norton of Louth, L.
Nunburnholme, L.
O’Neill of Bengarve, B.
O’Cathain, B.
Ogmore, L.
Oppenheim-Barnes, B.
Orme, L.
Oxford and Asquith, E.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Paul, L.
Pearson of Rannoch, L.
Pender, L.
Perry of Walton, L.
Perth, E.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Platt of Writtle, B.
Ponsonby of Shulbrede, L.
Porter of Luddenham, L.
Prys-Davies, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rathcavan, L.
Rawlings, B.
Rawlinson of Ewell, L.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees, L.
Rendell of Babergh, B.
Rennell, L.
Renton, L.
Renton of Mount Harry, L.
Renwick, L.
Richard, L.
Roberts of Conwy, L.
Rochester, L.
Rodgers of Quarry Bank, L.
Rosslyn, E.
Rotherwick, L.
Rowallan, L.
Ryder of Wensum, L.
Sainsbury of Turville, L.
St. Davids, V.
St. John of Bletso, L.
St. John of Fawsley, L.
Sandberg, L.
Sanderson of Bowden, L.
Sawyer, L.
Scotland of Asthal, B.
Seccombe, B.
Sefton of Garston, L.
Serota, B.
Sewel, L.
Shannon, E.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Shepherd, L.
Shore of Stepney, L.
Shrewsbury, E.
Simon, V.
Simon of Glaisdale, L.
Simon of Highbury, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Spens, L.
Stallard, L.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strafford, E.
Strathclyde, L.
Swansea, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Gryfe, L.
Taylor of Warwick, L.
Tebbit, L.
Tenby, V.
Teviot, L.
Thatcher, B.
Thomson of Monifieth, L.
Thornton, B.
Thurlow, L.
Thurso, V.
Tomlinson, L.
Tope, L.
Torrington, V.
Trenchard, V.
Trumpington, B.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Vivian, L.
Waddington, L.
Wakeham, L.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Warner, L.
Weatherill, L.
Wedderburn of Charlton, L.
Westbury, L.
Whaddon, L.
Wharton, B.
Whitty, L.
Wigoder, L.
Williams of Elvel, L.
Williams of Mostyn, L.
Wilson of Tillyorn, L.
Winchilsea and Nottingham, E.
Windlesham, L.
Winston, L.
Wise, L.
Wright of Richmond, L.
Young, B.
Young of Old Scone, B.

PRAYERS were read by the Lord Bishop of Bradford.

1.Oath—Julian Edward George Earl of Oxford and Asquith took and subscribed the oath pursuant to statute.

Judicial Business

2.Arthur J S Hall & Co (Appellants) v. Simons (A.P.) (Respondent) (England)—The appeal of Arthur J S Hall & Co was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 19th July next (lodged 2nd June).

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3.Cockbone (Respondent) v. Atkinson Dacre and Slack (a firm) (Appellants) (England)—The appeal of Atkinson Dacre & Slack was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 19th July next (lodged 28th May).
4.Barratt (Respondent) v. Ansell and others (trading as Woolf Seddon (a firm)) (Appellants) (England)—The appeal of Anthony Ronald Louis Ansell, Robin Alan Austin, Harvey Philip Ingram, David Patrick Irving, Simon Andrew Gordon Ross, Anthony Maurice Seddon and Paul Ian Woolf was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 19th July next (lodged 2nd June).
5.Harris (Respondent) v. Scholfield Roberts & Hill (a firm) (Appellants) and others (England)—The appeal of Scholfield Roberts & Hill was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 19th July next (lodged 2nd June).
6.UCB Home Loans Corporation Limited (Respondents) v. Moore and another (A.P.) (Appellant) (England)—The appeal of Judith Moore was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 19th July next (lodged 2nd June).
7.Barclays Bank plc (Respondents) v. Harris and another (A.P.) (Appellant) (England)—The appeal of Beryl Irene Harris was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 19th July next (lodged 2nd June).
8.Consorzio del Prosciutto di Parma (Appellants) v. ASDA Stores Limited and others (Respondents) (England)—The appeal of Consorzio del Prosciutto di Parma was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 19th July next.
9.D’Souza (Petitioner) v. London Borough of Lambeth (Respondents)—The petition of Donald Claudius D’Souza praying for leave to appeal was presented and referred to an Appeal Committee (lodged 15th January).
10.Regina v. Secretary of State for the Home Department and another (Respondents) ex parte Elshani (A.P.) (Petitioner) and another—The petition of Agon Elshani praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged. (lodged 27th May).
11.Twinsectra Limited (Respondents) v. Yardley and others (Petitioners)—The petition of Paul Leach & Company (a firm) praying for leave to appeal was presented and referred to an Appeal Committee (lodged 27th May).
12.Clark (Respondent) v. Chief Constable of Cleveland Police (Petitioner)—The petition of the Chief Constable of Cleveland Police praying for leave to appeal was presented and referred to an Appeal Committee.
13.Pavel (Petitioner) v. Sony Corporation and others (Respondents)—The petition of Andreas Pavel praying for leave to appeal was presented and referred to an Appeal Committee.
14.In re Pinto (Petitioner) (application for a writ of Habeas Corpus)—The petition of Agnaldo Ernesto Pinto praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee (lodged 2nd June).
15.Baxter (Appellant) v. Mayor etc of the London Borough of Camden (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee.
16.B (by his mother and next friend) (Appellant) v. Director of Public Prosecutions (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—The appeal was set down for hearing and referred to an Appellate Committee.
17.Goodes (A.P.) (Respondent) v. East Sussex County Council (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 14th July next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
18.Regina v. Westminster City Council and others and the Secretary of State for Health (Appellant) ex parte A, P, M and X (Respondents)—

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19.Regina v. Westminster City Council (Appellants) ex parte A (Respondent)—

(Conjoined appeals)—

Upon application by the petitioners (the agents for the respondents consenting thereto), it was ordered that the appeals be withdrawn and that there be no order as to costs.

20.Arthur J S Hall & Co (Appellants) v. Simons (A.P.) (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.
21.Three Rivers District Council and others (Appellants) v. Governor and Company of the Bank of England (Respondents) (Second Appeal)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.
22.Regina v. Secretary of State for Northern Ireland (Respondent) ex parte Watt (A.P.) (Petitioner) (Northern Ireland)—The petitioner’s legal aid certificate was lodged.

Papers

23.Command Paper—The following paper, having been presented to the House by command of Her Majesty on 4th June, was ordered to lie on the Table:

Millennium Dome—Government response to the 3rd Report of the House of Commons Culture, Media and Sport Committee: Back to the Dome.

(4360)

24.Statutory Instruments (Standing Order 68)—The following negative instruments, having been laid before the House on the dates shown, were ordered to lie on the Table:
Education (Mandatory Awards) Regulations 1999, laid under the Education Act 1962;149428th May
Foundation Body Regulations 1999, laid under the School Standards and Framework Act 1998;150228th May
Water Supply (Water Fittings) (Amendment) Regulations 1999, laid under the Water Industry Act 1991;150628th May
Federal Republic of Yugoslavia (Supply, Sale and Export of Petroleum and Petroleum Products) (No. 2) Regulations 1999, laid under the European Communities Act 1972;15162nd June
(i) Education (Assisted Places) (Amendment) Regulations 1999—15043rd June
(ii) Education (Assisted Places) (Incidental Expenses) (Amendment) Regulations 1999—15053rd June
laid under the Education (Schools) Act 1997;
Education (Grants) (Music, Ballet and Choir Schools) (Amendment) Regulations 1999, laid under the Education Act 1996;15033rd June
Olive Oil (Designations of Origin) Regulations 1999, laid under the European Communities Act 1972;15133rd June
Statute made by the University of Cambridge on 21st December 1998, laid under the Universities of Oxford and Cambridge Act 1923;3rd June
Road Vehicles (Construction and Use) (Amendment) Regulations 1999, laid under the Road Traffic Act 1988;15213rd June
Food Labelling (Amendment) (No. 2) Regulations 1999, laid under the Food Safety Act 1990;14834th June
Education (Individual Pupils’ Achievements) (Information) (Wales) (Amendment) Regulations 1999, laid under the Education Act 1996;14974th June
Social Security Amendment (Non-Cash Vouchers) Regulations 1999, laid under the Social Security Contributions and Benefits Act 1992.15094th June

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25.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Education (Schedule 32 to the School Standards and Framework Act 1998) (Wales) Regulations 1999, laid under the School Standards and Framework Act 1998;
 (1469)
2.Smoke Control Areas (Exempted Fireplaces) Order 1999, laid under the Clean Air Act 1993;
 (1515)
3.(i) Animal Feedingstuffs from Belgium (Control) Regulations 1999—
 (1543)
(ii) Cosmetic Products (Safety) (Amendment) Regulations 1999—
 (1552)
(iii) Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999—
 (1540)
 laid under the European Communities Act 1972;
4.Food (Animals and Animal Products from Belgium) (Emergency Control) Order 1999, laid under the Food Safety Act 1990;
 (1542)
5.Housing Benefit and Council Tax Benefit (General) Amendment (No. 2) Regulations 1999, laid under the Social Security Administration Act 1992.
 (1539)
26.Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

Account of income and expenditure for 1998 of the General Dental Council, laid under the Dentists Act 1984.

Public Business

27.Local Government Bill—It was moved by the Lord Whitty that the amendments for the Report stage be marshalled and considered in the following order:
Clauses 1 to 29
Schedule 1
Clauses 30 to 33
Schedule 2
Clauses 34 and 35;

the motion was agreed to.

28.Employment Relations Bill—The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed.
29.King’s Manor School, Guildford—The Baroness Sharp of Guildford asked Her Majesty’s Government whether they welcome Surrey County Council’s decision to seek private sector bids for the running of King’s Manor School, Guildford; and, if so, whether they will lay down guidelines for the procedures to be adopted by local education authorities seeking similar bids in the future; after debate, the question was answered by the Lord Hunt of Kings Heath.
30.Employment Relations Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed after amendment 233.

The House was adjourned at twenty-one minutes before midnight
till tomorrow, half-past two o’clock.