House of Lords Journal 233 (Session 1999-00)


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Page 8

1999-00

Volume 233      

Thursday 18 November 1999

The House met at two o’clock.

The following Lords Spiritual and Temporal were present:

Irvine of Lairg, L.
(Lord Chancellor)

Aberdare, L.
Ackner, L.
Addington, L.
Ahmed, L.
Aldington, L.
Allenby of Megiddo, V.
Alli, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Annan, L.
Arran, E.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Barker, B.
Bassam of Brighton, L.
Bath and Wells, Bp.
Beaumont of Whitley, L.
Biffen, L.
Birmingham, Bp.
Blaker, L.
Blatch, B.
Blease, L.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bragg, L.
Bramall, L.
Bridgeman, V.
Bridges, L.
Brooke of Alverthorpe, L.
Brookman, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Burlison, L.
Burnham, L.
Burns, L.
Buscombe, B.
Butterworth, L.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.
Carlile of Berriew, L.
Carlisle, Bp.
Carnarvon, E.
Carnegy of Lour, B.
Carrington, L.
Carter, L.
Castle of Blackburn, B.
Chadlington , L.
Chalfont, L.
Chichester, Bp.
Chilver, L.
Christopher , L.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clement- Jones, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Colville of Culross, V.
Colwyn, L.
Cope of Berkeley, L.
Courtown, E.
Cowdrey of Tonbridge, L.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Cranborne, V.
Crathorne, L.
Crickhowell, L.
Croham, L.
Cuckney, L.
Dahrendorf, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Dean of Thorntonle-Fylde, B.
Deedes, L.
Denham, L.
Desai, L.
Dholakia, L.
Diamond, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Dundee, E.
Durham, Bp.
Eden of Winton, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Evans of Parkside, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Ferrers, E.
Filkin, L.
Fitt, L.
Flather, B.
Fraser of Carmyllie, L.
Gale, B.
Garel-Jones, L.
Gavron, L.
Geraint, L.
Gilbert, L.
Gladwin of Clee, L.
Glenamara, L.
Glenarthur, L.
Glentoran, L.
Gloucester, Bp.
Goldsmith, L.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Potternewton, B.
Grabiner, L.
Graham of Edmonton, L.
Gray of Contin, L.
Greenway, L.
Griffiths of Fforestfach, L.
Guildford, Bp.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Hardy of Wath, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harris of High Cross, L.
Harrison, L.
Haskel, L.
Hayhoe, L.
Henley, L.
Hereford, Bp.
Higgins, L.
Hilton of Eggardon, B.
Hogg, B.
Hogg of Cumbernauld, L.
Holderness, L.
Hooper, B.
Hooson, L.
Howe, E.
Howell of Guildford, L.
Howells of St. Davids, B.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Wirral, L.
Hussey of North Bradley, L.
Hylton, L.
Hylton-Foster, B.
Jacobs, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Johnston of Rockport, L.
Jopling, L.
Kimball, L.
Kingsland, L.
Laird, L.
Laming, L.

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Lamont of Lerwick, L.
Lane, L.
Lane of Horsell, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Levy, L.
Lincoln, Bp.
Lipsey, L.
Listowel, E.
Liverpool, E.
Lockwood, B.
Longford, E.
Lucas, L.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
McFarlane of Llandaff, B.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Mackay of Ardbrecknish, L.
Mackay of Clashfern, L.
Mackay of Drumadoon, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
McNally, L.
Maddock, B.
Mancroft, L.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Milner of Leeds, L.
Mishcon, L.
Molloy, L.
Molyneaux of Killead, L.
Monson, L.
Montrose, D.
Moore of Wolvercote, L.
Moran, L.
Morris of Manchester, L.
Moynihan, L.
Murton of Lindisfarne, L.
Newby, L.
Nicholson of Winterbourne, B.
Nicol, B.
Norfolk, D.
Northbourne, L.
Northbrook, L.
Northesk, E.
Norton of Louth, L.
O’Cathain, B.
Onslow, E.
Oppenheim-Barnes, B.
Owen, L.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Patten, L.
Paul, L.
Peel, E.
Peyton of Yeovil, L.
Pitkeathley, B.
Plant of Highfield, L.
Platt of Writtle, B.
Plummer of St. Marylebone, L.
Prashar, B.
Prys-Davies, L.
Puttnam, L.
Quinton, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Rawlinson of Ewell, L.
Razzall, L.
Rea, L.
Rendell of Babergh, B.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Richardson of Calow, B.
Rix, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogers of Riverside, L.
Rosslyn, E.
Rotherwick, L.
Russell, E.
Ryder of Wensum, L.
Saatchi, L.
St. John of Bletso, L.
St. John of Fawsley, L.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scanlon, L.
Scotland of Asthal, B.
Seccombe, B.
Selborne, E.
Sharman, L.
Sharp of Guildford, 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.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stevenson of Coddenham, L.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Gwydir, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Trefgarne, L.
Trumpington, B.
Turner of Camden, B.
Uddin, B.
Varley, L.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Wakefield, Bp.
Wakeham, L.
Walker of Doncaster, L.
Wallace of Coslany, L.
Wallace of Saltaire, L.
Walpole, L.
Walton of Detchant, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Waverley, V.
Weatherill, L.
Weidenfeld, L.
Whitaker, B.
Wigoder, L.
Wilberforce, L.
Wilkins, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Williamson of Horton, L.
Wilson of Tillyorn, L.
Winchester, Bp.
Wright of Richmond, L.
Young, B.
Young of Dartington, L.

PRAYERS were read by the Lord Bishop of Birmingham.

Judicial Business

1.Carmichael and another (Respondents) v. National Power plc (Appellants)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 27th March 1998 be set aside and that the Orders of the Employment Appeal Tribunal of 24th May 1996 and of the Industrial Tribunal of 11th September 1995 be restored; and that the Respondents do pay to the Appellants their costs in the Court of Appeal and before this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties.

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2.Imperial Chemical Industries (Respondents) v. Colmer (Her Majesty’s Inspector of Taxes) (Appellant)— The further Report from the Appellate Committee was agreed to, further to the Order of the House of 24th July 1996 whereby certain questions were referred to the Court of Justice of the European Communities; the Judgment of that Court having been given on 16th July 1998, it was ordered and adjudged that the Order of the Court of Appeal of 15th July 1993 and the Order of Mr Justice Millett of 13th December 1991 be set aside save as to costs and that the Decision of the Commissioner for the Special Purposes of the Income Tax Acts of 31st January 1990 be restored; and that the Appellant pay to the Respondents their costs in the Court of Justice of the European Communities and in this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties.
3.National Westminster Bank plc (Respondents) v. Amin (executrix of the estate of Mohammed Amin) and another (A.P.) (Petitioner)—The petition of Rashida Amin 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.
4.Three Rivers District Council and others (Original Appellants and Cross-Respondents) v. Governor and Company of the Bank of England (Original Respondents and Cross-Appellants)—The petition of the Governor and Company of the Bank of England praying for leave to adduce evidence on the implementation of the first banking directive in the domestic law of Member States of the European Community was presented and referred to an Appeal Committee.
5.Three Rivers District Council and others (Original Appellants and Cross-Respondents) v. Governor and Company of the Bank of England (Original Respondents and Cross-Appellants)—The petition of the Governor and Company of the Bank of England praying for leave to adduce an affidavit of Howard John Davies was presented and referred to an Appeal Committee.
6.Barclays Bank plc (Respondents) v. Harris and another (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 29th December 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 (lodged 17th November).
7.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 29th December next or to the third sitting day after the next ensuing meeting of the House (the agents for the respondents not consenting thereto) was presented and referred to an Appeal Committee (lodged 17th November).
8.In re G (A.P.) (a minor) (by his mother and next friend) (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.

The House was adjourned during pleasure.
The House was resumed.

9.Viscount Cranborne (Lord Gascoyne-Cecil)—The Rt. Hon. Robert Michael James Viscount Cranborne, having been created Baron Gascoyne-Cecil, of Essendon in the County of Rutland, for life by Letters Patent dated noon on 17th November 1999 (see appendix 1), took and subscribed the oath pursuant to statute.
10.Lord Shepherd (Lord Shepherd of Spalding)—The Rt. Hon. Malcolm Newton Lord Shepherd, having been created Baron Shepherd of Spalding, of Spalding in the County of Lincolnshire, for life by Letters Patent dated 9 o’clock in the evening of 16th November 1999 (see appendix 2), took and subscribed the oath pursuant to statute.

Papers

11.Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:

Transport—Government Response to the Report of the House of Commons Environment, Transport and Regional Affairs Committee on Tendered Bus Services.

(4519)

12.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Immigration (Transit Visa) (Amendment) Order 1999, laid under the Immigration (Carriers’ Liability) Act 1987;
 (3086)
2.Water Appointment (Competition Commission) Regulations 1999, laid under the Water Industry Act 1991;
 (3088)
3.Gas Act 1986 (Exemptions) (No. 2) Order 1999, laid under the Gas Act 1986;
 (3089)

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4.Statement of Changes in Immigration Rules, laid under the Immigration Act 1971.
13.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Accounts for 1997–98 of the General Lighthouse Fund, laid under the Merchant Shipping Act 1995;
2.Treasury Minute of 18th November 1999 directing the application of certain receipts as appropriations in aid of the votes specified in the winter supplementary estimates for the year ending 31st March 2000, laid under the Public Accounts and Charges Act 1891;
3.Report for 1998–99 of the Scottish Charities Nominee, laid under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;
4.Review and Report for 1998–99 of the Churches Conservation Trust, laid under the Pastoral Measure 1983;
5.Report and Accounts for 1998–99 of English Heritage, laid under the National Heritage Act 1983.

Public Business

14.Armed Forces Discipline Bill [HL]—A bill to amend the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957 in relation to custody, the right to elect court-martial trial and appeals against findings made or punishments awarded on summary dealing or summary trial; and for connected purposes was presented by the Baroness Symons of Vernham Dean, read a first time and ordered to be printed. (HL Bill 1)
15.Armed Forces Discipline Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 1–EN)
16.Children (Leaving Care) Bill [HL]—A bill to make provision about children and young persons who are being, or have been, looked after by a local authority; to replace section 24 of the Children Act 1989; and for connected purposes was presented by the Lord Burlison, on behalf of the Lord Hunt of Kings Heath, read a first time and ordered to be printed. (HL Bill 2)
17.Children (Leaving Care) Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 2–EN)
18.Criminal Justice (Mode of Trial) Bill [HL]—A bill to make provision for determining the mode of trial in the case of offences triable either summarily or on indictment; and for connected purposes was presented by the Lord Bassam of Brighton, read a first time and ordered to be printed. (HL Bill 3)
19.Criminal Justice (Mode of Trial) Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 3–EN)
20.Crown Prosecution Service Inspectorate Bill [HL]—A bill to make provision for inspection of the Crown Prosecution Service was presented by the Lord Williams of Mostyn, read a first time and ordered to be printed. (HL Bill 4)
21.Crown Prosecution Service Inspectorate Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 4–EN)
22.Nuclear Safeguards Bill [HL]—A bill to enable effect to be given to the protocol signed at Vienna on 22nd September 1998 additional to the agreement for the application of safeguards in the United Kingdom in connection with the Treaty on the Non-Proliferation of Nuclear Weapons; to allow effect to be given to that agreement in certain territories outside the United Kingdom; and for connected purposes was presented by the Lord McIntosh of Haringey, read a first time and ordered to be printed. (HL Bill 5)
23.Nuclear Safeguards Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 5–EN)
24.Committee of Selection—It was moved by the Chairman of Committees that in accordance with Standing Order 63 a Committee of Selection be appointed to select and propose to the House the names of the Lords to form each select committee of the House (except the Committee of Selection itself and any committee otherwise provided for by statute or by order of the House) or any other body not being a select committee referred to it by the Chairman of Committees, and the panel of Deputy Chairmen of Committees; and that the following Lords together with the Chairman of Committees be named of the Committee—
L. Burnham
L. Carter
L. Harris of Greenwich
L. Henley
B. Jay of Paddington (Lord Privy Seal)
L. McIntosh of Haringey
L. Rodgers of Quarry Bank
L. Strathclyde
V. Tenby
L. Weatherill;

the motion was agreed to.

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25.The Queen’s Speech—The debate on the motion that an Humble Address be presented to Her Majesty was resumed; then it was moved by the Lord Strathclyde, as an amendment thereto, at the end of the Address to insert “but regret the failure of Your Majesty’s Government to reduce the burden of taxation and regulation and deplore the incoherence and the lack of vision of the measures proposed by Your Majesty’s Government for the coming Session of Parliament.”; after debate, the debate on the motion for an Humble Address and on the amendment thereto was adjourned to Monday next.

The House was adjourned at eleven minutes past midnight
in the morning of Friday 19th November to Monday next, half-past two o’clock.


APPENDIX 1

ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion in pursuance of the Life Peerages Act 1958 and of all other powers in that behalf Us enabling do by these Presents advance create and prefer Our right trusty and well beloved Counsellor Robert Michael James Baron Cecil (commonly called Viscount Cranborne) to the state degree style dignity title and honour of Baron Gascoyne-Cecil of Essendon in Our County of Rutland

And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Baron Gascoyne-Cecil to have and to hold unto him for his life

Willing and by these Presents granting for Us Our heirs and successors that he may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that he may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy

In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster at noon on the seventeenth day of November in the forty-eighth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL


APPENDIX 2

ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion in pursuance of the Life Peerages Act 1958 and of all other powers in that behalf Us enabling do by these Presents advance create and prefer Our right trusty and well beloved Counsellor Malcolm Newton Baron Shepherd to the state degree style dignity title and honour of Baron Shepherd of Spalding of Spalding in Our County of Lincolnshire

And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Baron Shepherd of Spalding to have and to hold unto him for his life

Willing and by these Presents granting for Us Our heirs and successors that he may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that he may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy

In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster at nine o’clock in the evening of the sixteenth day of November in the forty-eighth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL