House of Lords Journal 233 (Session 1999-00)


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Page 13

1999-00

Volume 233      

Monday 22 November 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.
Addington, L.
Ahmed, L.
Aldington, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Annan, L.
Ashley of Stoke, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Bagri, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Beaumont of Whitley, L.
Bellwin, L.
Biffen, L.
Blackburn, Bp.
Blackstone, B.
Blackwell, L.
Blatch, B.
Blease, L.
Bledisloe, V.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brightman, L.
Brigstocke, B.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, 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.
Carmichael of Kelvingrove, L.
Carnarvon, E.
Carnegy of Lour, B.
Carter, L.
Chadlington, L.
Chalfont, L.
Chalker of Wallasey, B.
Chilver, L.
Clark of Kempston, L.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clement-Jones, L.
Clinton-Davis, L.
Clyde, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Colville of Culross, V.
Colwyn, L.
Cope of Berkeley, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crickhowell, L.
Croham, L.
Cuckney, L.
Cumberlege, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Deedes, L.
Denham, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Dundee, E.
Eatwell, L.
Eccles of Moulton, B.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Erroll, E.
Evans of Parkside, L.
Evans of Watford, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Ferrers, E.
Filkin, L.
Fitt, L.
Flather, B.
Fookes, B.
Fraser of Carmyllie, L.
Freyberg, L.
Gale, B.
Garel- Jones, L.
Geddes, L.
Geraint, L.
Gibson, L.
Gladwin of Clee, L.
Glenarthur, L.
Glentoran, L.
Goldsmith, 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.
Hamwee, B.
Hanningfield, L.
Hardy of Wath, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harris of Peckham, L.
Harrison, L.
Haskel, L.
Hayhoe, L.
Henley, L.
Hilton of Eggardon, B.
Hogg of Cumbernauld, L.
Holderness, L.
Hollick, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooson, L.
Howells of St. Davids, B.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Wirral, L.
Hussey of North Bradley, L.
Hutchinson of Lullington, L.
Hylton-Foster, B.
Inge, L.
Jacobs, L.
Janner of Braunstone, L.
Jeger, B.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Jopling, L.
Judd, L.
Kennedy of The Shaws, B.
Kilpatrick of Kincraig, L.
Kimball, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laird, L.
Lamont of Lerwick, L.
Lang of Monkton, L.
Lea of Crondall, L.
Linklater of Butterstone, B.

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Lipsey, L.
Listowel, E.
Liverpool, E.
Lockwood, B.
Lofthouse of Pontefract, L.
Longford, E.
Lucas, L.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
McCluskey, L.
Macdonald of Tradeston, L.
McFarlane of Llandaff, B.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Mackay of Ardbrecknish, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
McNally, L.
Mar, C.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Merlyn-Rees, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Molloy, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Morris of Manchester, L.
Moynihan, L.
Murray of Epping Forest, L.
Murton of Lindisfarne, L.
Naseby, L.
Newby, L.
Newton of Braintree, L.
Northbourne, L.
Northbrook, L.
Northesk, E.
O’Cathain, B.
O’Neill of Bengarve, B.
Onslow, E.
Oppenheim- Barnes, B.
Orme, L.
Oxford, Bp.
Oxfuird, V.
Palmer, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Perry of Walton, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pitkeathley, B.
Plant of Highfield, L.
Platt of Writtle, B.
Plumb, L.
Plummer of St. Marylebone, L.
Porter of Luddenham, L.
Prashar, B.
Prior, L.
Quirk, L.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Reay, L.
Rees, L.
Rendell of Babergh, B.
Renfrew of Kaimsthorn, L.
Rennard, L.
Renton, L.
Renwick of Clifton, L.
Richard, L.
Richardson of Calow, B.
Rix, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rosslyn, E.
Rotherwick, L.
Russell, E.
Russell Johnston, L.
Ryder of Wensum, L.
St. John of Bletso, L.
St. John of Fawsley, L.
Sandberg, L.
Sawyer, L.
Scotland of Asthal, B.
Seccombe, B.
Selborne, E.
Selkirk of Douglas, L.
Sharman, L.
Shaw of Northstead, L.
Shepherd, L.
Shore of Stepney, L.
Simon, V.
Simon of Glaisdale, L.
Simon of Highbury, L.
Skelmersdale, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stallard, L.
Stern, B.
Stevenson of Coddenham, L.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strathclyde, L.
Swinfen, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Tenby, V.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trumpington, B.
Turner of Camden, B.
Uddin, B.
Varley, L.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Invergowrie, L.
Watson of Richmond, L.
Waverley, V.
Weatherill, L.
Wharton, B.
Whitaker, B.
Whitty, L.
Wigoder, L.
Wilberforce, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Williamson of Horton, L.
Windlesham, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young, B.
Young of Dartington, L.
Young of Old Scone, B.

PRAYERS were read by the Lord Bishop of Blackburn.

1.Lord Windlesham (Lord Hennessy)—The Rt Hon. David James George Lord Windlesham, having been created Baron Hennessy, of Windlesham in the County of Surrey, for life by Letters Patent dated 11 o’clock in the evening of 16th November 1999 (see appendix), took and subscribed the oath pursuant to statute.

Judicial Business

2.County Natwest Limited (Petitioners) v. Barton and others (Respondents)—The petition of County Natwest Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 13th August).

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3.Regina v. Department for Education and Employment (Respondents) ex parte Begbie (by her mother and litigation friend Rachel Begbie) (Petitioner)—The petition of Heather Charis Begbie praying for leave to appeal was presented and referred to an Appeal Committee.
4.In re Registered Trade Marks Numbers 1,110,133; 1,213,807; 1,377,082; 1,377,083; 1,377,084; 1,377,085; 1,461,972; and 1,461,973 in the name of Bach Flower Remedies Limited (Petitioners) and in re an application by Healing Herbs Limited (Respondents) for a declaration of invalidity in respect thereof—The petition of Bach Flower Remedies Limited praying for leave to appeal was presented and referred to an Appeal Committee.
5.Regina v. Secretary of State for the Home Department (Appellant) ex parte A (Respondent) (On appeal from the Queens Bench Division of the High Court of Justice)—The appeal was set down for hearing and referred to an Appellate Committee.
6.Bank of Credit and Commerce International (Overseas) Limited (In Liquidation) and others (Respondents) v. Price Waterhouse and others and Ernst & Whinney and others (Petitioners)—Upon application by the petitioners (the agents for the respondents consenting thereto), it was ordered that the petition be withdrawn and that there be no order as to costs.
7.Medforth (Respondent) v. Jones and another (Petitioners)—Upon application by the petitioners (the agents for the respondent consenting thereto), it was ordered that the petition be withdrawn and that there be no order as to costs.

Papers

8.Instrument withdrawn—The following instrument, laid before the House on 4th November, was withdrawn:

Draft Maternity and Parental Leave etc. Regulations 1999.

9.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.Pollution—Protocol to the 1979 Convention on Long–Range Transboundary Air Pollution concerning the Control of Emissions of Volatile Organic Compounds or their Transboundary Fluxes; (19th November)
 (4517)
2.Regulatory Impact Assessments—Regulatory Impact Assessments for 1st January–30th June 1999. (22nd November)
 (4478)
10.Statutory Instruments (Standing Order 70)—The following negative instruments, having been laid before the House on 19th November, were ordered to lie on the Table:
1.Greater London Magistrates’ Courts Authority (Constitution) Regulations 1999, laid under the Justices of the Peace Act 1997;
 (3099)
2.Portland Harbour Fishery (Variation) Order 1999, laid under the Sea Fisheries (Shellfish) Act 1967;
 (3049)
3.Occupational Pension Schemes (Contracting–out) (Amount Required for Restoring State Scheme Rights) Amendment Regulations 1999, laid under the Pension Schemes Act 1993;
 (3069)
4. (i)Motor Fuel (Composition and Content) Regulations 1999—(3107)
(ii)Good Laboratory Practice Regulations 1999—(3106)
 laid under the European Communities Act 1972.
11.Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

Draft Maternity and Parental Leave etc. Regulations 1999.

12.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1999, laid under the Social Security Contributions and Benefits Act 1992;
 (3109)
2.Social Security (Claims and Information) Regulations 1999, laid under the Social Security Administration Act 1992;
 (3108)
3.Homelessness (Asylum–Seekers) (Interim Period) (England) Order 1999, laid under the Immigration and Asylum Act 1999;
 (3126)
4.Local Authorities (Calculation of Council Tax Base) (Amendment) (England) Regulations 1999, laid under the Local Government Finance Act 1992;
 (3123)
5.Conservation of Seals (England) Order 1999, laid under the Conservation of Seals Act 1970;
 (3052)
6. (i)Railways (Alternative Closure Procedure) (Amendment) Order 1999—(3113)
(ii)Docklands Light Railway (Lewisham Extension) (Exemptions) Order 1999—(3112)

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(iii)Docklands Light Railway (Miscellaneous Closure Exemptions) Order 1999—(3111)
 laid under the Railways Act 1993.
13.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:

Reports for 1998–99 of the:

(i)Sports Council for Wales and SPORTLOT—
(ii)Arts Council of Wales—
 laid under the National Lottery etc Act 1993.

Select Committee Report

14.Committee of Selection—The First Report of the Committee was made; it was ordered that the Report be printed. (HL Paper 2)

Private Business

15.Baxi Partnership Limited Trusts Bill [hl]—The Chairman of Committees acquainted the House that, pursuant to the resolution of 2nd November, the bill had been deposited in the Office of the Clerk of the Parliaments together with the declaration of the agent; the bill was presented, read a first time, passed though all its remaining stages pro forma and sent to the Commons.
16.London Local Authorities Bill [hl]—The Chairman of Committees acquainted the House that, pursuant to the resolution of 28th October, the bill had been deposited in the Office of the Clerk of the Parliaments together with the declaration of the agent; the bill was presented, read a first time, passed though all its remaining stages pro forma and sent to the Commons.
17.Alliance and Leicester plc (Group Reorganisation) Bill [hl] (formerly Girobank plc (Transfer) Bill)—
18.United Reformed Church Bill [HL]—

The Chairman of Committees acquainted the House that, pursuant to the resolutions of 5th November, the bills had been deposited in the Office of the Clerk of the Parliaments together with the declarations of the agents; the bills were presented, read a first time, passed though all their remaining stages pro forma and sent to the Commons.

19.City of Newcastle upon Tyne Bill [HL]—
20.Kent County Council Bill [HL]—
21.Medway Council Bill [HL]—

The Chairman of Committees acquainted the House that, pursuant to the resolutions of 4th November, the bills had been deposited in the Office of the Clerk of the Parliaments together with the declarations of the agents; the bills were presented, read a first time, read a second time pro forma and reported from the Unopposed Bill Committees.

22.City of Stoke-on-Trent Tunstall Northern By-Pass Local Government Act Compulsory Purchase Order 1997—A message was received from the Commons that they have appointed a committee of three members to join with a committee of this House as the joint committee to which the Petitions of General Objection against the Order stand referred.

Public Business

23.The Queen’s Speech—The debate was resumed on the motion that an Humble Address be presented to Her Majesty and on the amendment moved by the Lord Strathclyde, 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 further debate, the debate was again adjourned till tomorrow.

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


APPENDIX

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 David James George Baron Windlesham Baronet Commander of Our Royal Victorian Order to the state degree style dignity title and honour of Baron Hennessy of Windlesham in Our County of Surrey

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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 Hennessy 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 eleven 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