House of Lords Journal 232 (Session 1998-99)


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Page 539

1998-99

Volume 232      

Monday 5 July 1999

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

The following Lords Spiritual and Temporal were present:


Aberdare, L.
Ackner, L.
Acton, L.
Addington, L.
Ailsa, M.
Aldington, L.
Alexander of Tunis, E.
Allen of Abbeydale, L.
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.
Archer of Weston-Super-Mare, L.
Ashley of Stoke, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Banbury of Southam, L.
Barber of Tewkesbury, L.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Belhaven and Stenton, L.
Bellwin, L.
Belstead, L.
Berkeley, L.
Biddulph, L.
Biffen, L.
Birdwood, L.
Blatch, B.
Blease, L.
Bledisloe, V.
Blyth, L.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Brentford, V.
Bridges, L.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Burlison, L.
Burnham, L.
Buscombe, B.
Butterfield, L.
Butterworth, L.
Byford, B.
Cadman, L.
Caithness, E.
Calverley, L.
Campbell of Alloway, L.
Campbell of Croy, L.
Canterbury, Abp.
Carlisle, E.
Carnegy of Lour, B.
Carrick, E.
Carter, L.
Castle of Blackburn, B.
Chadlington, L.
Chalfont, L.
Charteris of Amisfield, L.
Chesham, L.
Chorley, L.
Christopher, L.
Clancarty, E.
Clanwilliam, E.
Clark of Kempston, L.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clement-Jones, L.
Clinton-Davis, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Colwyn, L.
Constantine of Stanmore, L.
Cooke of Thorndon, L.
Cope of Berkeley, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Cranborne, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cross, V.
Currie of Marylebone, L.
Darcy de Knayth, B.
David, B.
Davidson, V.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Dearing, L.
Denbigh, E.
Denham, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Dunleath, L.
Eccles, V.
Eden of Winton, L.
Elibank, L.
Ellenborough, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Ely, Bp.
Erne, E.
Erroll, E.
Evans of Parkside, L.
Evans of Watford, L.
Ewing of Kirkford, L.
Exmouth, V.
Ezra, 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.
Garel-Jones, L.
Geddes, L.
Geraint, L.
Gilbert, L.
Gladwin of Clee, L.
Glentoran, L.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray of Contin, L.
Greenway, L.
Gregson, L.
Grenfell, L.
Grey, E.
Hacking, L.
Halsbury, E.
Hampden, V.
Hamwee, B.
Hankey, L.
Hanworth, V.
Hardie, L.
Harding of Petherton, L.
Hardinge of Penshurst, L.
Hardy of Wath, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harris of High Cross, L.
Haskel, L.
Haslam, L.
Hayhoe, L.
Henley, L.
Henniker, L.
Higgins, L.
Hilton of Eggardon, B.
Holderness, L.
HolmPatrick, L.
Hooper, B.
Hooson, L.
Howe, E.
Howell of Guildford, L.
Howie of Troon, L.
Hoyle, L.
Hughes, L.

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Hughes of Woodside, L.
Hunt of Kings Heath, L.
Hunt of Tanworth, L.
Hunt of Wirral, L.
Hurd of Westwell, L.
Hussey of North Bradley, L.
Hylton-Foster, B.
Ilchester, E.
Imbert, L.
Ironside, L.
Islwyn, L.
Iveagh, E.
Janner of Braunstone, L.
Jay of Paddington, B.
Jeger, B.
Jellicoe, E.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Jopling, L.
Judd, L.
Kennet, L.
Kingsland, L.
Kinloss, Ly.
Kinnoull, E.
Kirkhill, L.
Knollys, V.
Laming, L.
Lamont of Lerwick, L.
Lauderdale, E.
Lawrence, L.
Layton, L.
Leathers, V.
Leigh, L.
Lindsay, E.
Listowel, E.
Lockwood, B.
Lofthouse of Pontefract, L.
Longford, E.
Lovell-Davis, L.
Lucas of Chilworth, L.
Lytton, E.
McAlpine of West Green, L.
Macclesfield, E.
McColl of Dulwich, L.
McConnell, L.
Macdonald of Tradeston, L.
Macfarlane of Bearsden, L.
McIntosh of Haringey, L.
Mackay of Ardbrecknish, L.
Mackay of Clashfern, L.
Mackay of Drumadoon, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
MacLaurin of Knebworth, L.
Macleod of Borve, B.
McNair, L.
McNally, L.
Maddock, B.
Malmesbury, E.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massereene and Ferrard, V.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Merrivale, L.
Mersey, V.
Meston, L.
Methuen, L.
Middleton, 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.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Montague of Oxford, L.
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.
Munster, E.
Murray of Epping Forest, L.
Napier and Ettrick, L.
Naseby, L.
Nelson, E.
Newall, L.
Newby, L.
Nicholson of Winterbourne, B.
Nicol, B.
Noel-Buxton, L.
Nolan, L.
Norrie, L.
Northbourne, L.
Northbrook, L.
Northesk, E.
Norton, L.
Nunburnholme, L.
O’Cathain, B.
Onslow of Woking, L.
Orme, L.
Oxford, Bp.
Palmer, L.
Park of Monmouth, B.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Pender, L.
Perry of Walton, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pike, B.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Ponsonby of Shulbrede, L.
Porter of Luddenham, L.
Prys-Davies, L.
Puttnam, 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.
Rees-Mogg, L.
Rendell of Babergh, B.
Renton, L.
Renwick, L.
Richard, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rowallan, L.
Russell, E.
Ryder of Wensum, L.
Saatchi, L.
St. Davids, V.
St. John of Bletso, L.
St. John of Fawsley, L.
Sandberg, L.
Sawyer, L.
Seccombe, B.
Serota, B.
Sewel, L.
Shannon, E.
Sharples, B.
Shaughnessy, L.
Shaw of Northstead, L.
Shepherd, L.
Sheppard of Didgemere, L.
Sheppard of Liverpool, L.
Shore of Stepney, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Soulsby of Swaffham Prior, L.
Stair, E.
Stallard, L.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Strafford, E.
Strathcarron, L.
Strathclyde, L.
Strathcona and Mt. Royal, L.
Swansea, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Tebbit, L.
Tenby, V.
Teviot, L.
Teynham, L.
Thomas of Gwydir, L.
Thomas of Macclesfield, L.
Thomson of Monifieth, L.
Thornton, B.
Thurso, V.
Tomlinson, L.
Tope, L.
Tordoff, L.
Torrington, V.
Trefgarne, L.
Tugendhat, L.

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Turner of Camden, B.
Tweeddale, M.
Uddin, B.
Wade of Chorlton, L.
Wakefield, Bp.
Wakeham, L.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Walton of Detchant, L.
Warner, L.
Watson of Invergowrie, L.
Weatherill, L.
Wedgwood, L.
Westbury, L.
Wharton, B.
Whitty, L.
Wigoder, L.
Wilberforce, L.
Wilcox, B.
Williams of Crosby, B.
Williams of Elvel, L.
Willoughby de Broke, L.
Wilson of Tillyorn, L.
Winston, L.
Wise, L
Woolton, E.
Wright of Richmond, L.
Young, B.

PRAYERS were read by the Lord Bishop of Ely.

Judicial Business

1.Krasniqi (A.P.) (Petitioner) v. Chief Adjudication Officer and another (Respondents)—The petition of Samir Krasniqi praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners legal aid certificate was lodged.
2.Johnson (A.P.) (Petitioner) v. Unisys Limited (Respondents)—The petition of Fenton Barry Johnson praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners legal aid certificate was lodged.
3.Yorkshire Bank plc (Respondents) v. Gardner (Petitioner)—The petition of Dennis Albert Gardner praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee (lodged 21st October 1998).
4.Roberts (Respondent) v. Roberts (Petitioner)—The petition of James Anthony Roberts praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.
5.Johnson (A.P.) (Original Appellant and Cross-Respondent) v. Gore Wood & Co (a firm) (Original Respondents and Cross-Petitioners)—The petition of Gore Wood & Co praying for leave to cross-appeal was presented and referred to an Appeal Committee.
6.Hurst (Appellant) v. Bryk and others (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee.
7.W 1-6 (A.P.) (Respondents) v. Essex County Council and another (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 12th August next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 1st July).
8.Scandecor Development AB (Appellants) v. Scandecor Marketing AB and others (Respondents) and one other action—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 9th August 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.
9.Appeal Committee—The 48th Report from the Appeal Committee was agreed to and the following Orders were made—

Regina v. Smith (Respondent)—That the respondent be invited to lodge objections by 19th July next.

Phonographic Performance Limited (Respondents) v. AEI Music Limited (Petitioners)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Morgans (Petitioner) v. Director of Public Prosecutions (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—That the respondent be invited to lodge objections by 19th July next.

Morris and others (Petitioners) v. Hateley and others (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Yorkshire Bank plc (Respondents) v. Gardner (Petitioner)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Roberts (Respondent) v. Roberts (Petitioner)—That leave to appeal be refused.

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Papers

10.Command Papers—The following papers, having been presented to the House by command of Her Majesty on 2nd July, were ordered to lie on the Table:
1.Social Security—Convention on Social Security between the United Kingdom and the Republic of Korea, together with an explanatory memorandum;
 (4390)
2.Transport—Agreement between the United Kingdom and Latvia on International Road Transport;
 (4389)
3.Treaty series—First supplementary list of ratifications, accessions, withdrawals, etc., for 1999.
 (4385)
11.Statutory Instruments (Standing Order 68)—The following negative instruments, having been laid before the House on 2nd July, were ordered to lie on the Table:
1.National Lottery Charities Board (Increase in Membership) (Revocation) Order 1999, laid under the National Lottery etc. Act 1993;
 (1878)
2.Local Authorities (Capital Finance and Approved Investments) (Amendment) Regulations 1999, laid under the Local Government and Housing Act 1989.
 (1852)
12.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft INTELSAT (Immunities and Privileges) (Amendment) Order 1999;
2.Draft Northern Ireland Act Tribunal (Procedure) Rules 1999.
13.Deregulation—The following orders were laid before the House for approval by resolution under section 1(4) of the Deregulation and Contracting Out Act 1994 and referred to the Delegated Powers and Deregulation Committee:
1.Draft Deregulation (Casinos) Order 1999;
2.Draft Deregulation (Millennium Licensing) Order 1999.
14.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Scotland Act 1998 (Transitory and Transitional Provisions) (Grants to Members and Officeholders and Scottish Parliamentary Pension Scheme) Amendment Order 1999, laid under the Scotland Act 1998;
 (1891)
2.Patents and Trade Marks (World Trade Organisation) Regulations 1999, laid under the European Communities Act 1972.
 (1899)
15.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Report and Accounts for 1998 of the Church Commissioners for England, laid under the Church Commissioners Measure 1947;
2.Report and Accounts for 1998–99 of the Youth Justice Board for England and Wales, together with the Report of the Comptroller and Auditor General, laid under the Crime and Disorder Act 1998;
3.Account for 1998–99 of the Sports Council for Wales Lottery Distribution, together with the Report of the Comptroller and Auditor General, laid under the National Lottery Act 1998;
4.Review for 1998–99 of the West of England Development Agency, laid under the Miscellaneous Finance Provisions Act 1983.

Public Business

16.Protection of Children Bill—The bill was read a third time and passed.
17.Greater London Authority Bill—The House again resolved itself into a Committee upon the bill; amendments were agreed to; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed for a statement; 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.
18.Local authority duties—The Lord Hunt of Tanworth asked Her Majesty’s Government what progress they have made on plans, referred to in paragraph 8.8 of the White Paper Modern Local Government: In Touch with the People, to introduce a new duty on local authorities to promote the economic, social and environmental well-being of their area and accompanying powers; after debate, the question was answered by the Lord Whitty.

The House was adjourned during pleasure.

The House was resumed.

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19.Greater London Authority Bill—The House again resolved itself into a Committee upon the bill; amendments were agreed to; amendments were moved and (by leave of the Committee) withdrawn; the question that a clause stand part was negatived; the House was resumed after clause 236 stood part.

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