House of Lords Journal 233 (Session 1999-00)


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Tuesday 23 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.
Alexander of Weedon, L.
Allen of Abbeydale, L.
Allenby of Megiddo, V.
Alton of Liverpool, 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.
Bagri, L.
Baldwin of Bewdley, E.
Barber, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Bellwin, L.
Belstead, L.
Biffen, L.
Blackburn, Bp.
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.
Bramall, L.
Brett, L.
Bridge of Harwich, L.
Bridgeman, V.
Bridges, L.
Brightman, L.
Brigstocke, B.
Brooke of Alverthorpe, L.
Brookeborough , V.
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.
Carlile of Berriew, L.
Carlisle of Bucklow, L.
Carmichael of Kelvingrove, L.
Carnarvon, E.
Carnegy of Lour, B.
Carr of Hadley, L.
Carrington, L.
Carter, L.
Carver, L.
Castle of Blackburn, B.
Cavendish of Furness, L.
Chalfont, L.
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.
Cooke of Islandreagh, L.
Cope of Berkeley, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Cranborne, V.
Crawley, B.
Crickhowell, L.
Croham, L.
Cumberlege, B.
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.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Dundee, E.
Eatwell, L.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Emerton, B.
Erroll, E.
Evans of Parkside, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Ferrers, E.
Filkin, L.
Fitt, L.
Flather, B.
Flowers, L.
Fookes, B.
Forsyth of Drumlean, L.
Fraser of Carmyllie, L.
Freyberg, L.
Gale, B.
Gavron, L.
Geddes, L.
Geraint, L.
Gibson, L.
Gilbert, L.

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Gilmour of Craigmillar, L.
Gladwin of Clee, L.
Glenarthur, L.
Glentoran, L.
Goldsmith, L.
Goodhart, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Grabiner, L.
Graham of Edmonton, L.
Gray of Contin, L.
Greenway, L.
Gregson, L.
Hanham, B.
Hardy of Wath, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harris of High Cross, L.
Harrison, L.
Haskel, L.
Haslam, L.
Hayhoe, L.
Henley, L.
Hilton of Eggardon, B.
Hogg, B.
Hogg of Cumbernauld, L.
Holderness, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooson, L.
Howe, E.
Howells of St. Davids, B.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Hurd of Westwell, L.
Hylton, L.
HyltonFoster, B.
Inge, L.
Inglewood, L.
Islwyn, L.
Jacobs, L.
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.
Kilpatrick of Kincraig, L.
Kimball, L.
King of West Bromwich, L.
Kingsland, L.
Kirkham, L.
Kirkhill, L.
Knight of Collingtree, B.
Laing of Dunphail, L.
Laird, L.
Lane, L.
Lane of Horsell, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, E.
Lockwood, B.
Lofthouse of Pontefract, L.
Longford, E.
Lovell-Davis, L.
Lucas, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Mackay of Ardbrecknish, L.
Mackay of Drumadoon, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
McNally, L.
Maddock, B.
Mallalieu, B.
Mar, C. Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Miller of Hendon, B.
Millett, L.
Molloy, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Moore of Wolvercote, L.
Morris of Manchester, L.
Moynihan, L.
Murray of Epping Forest, L.
Murton of Lindisfarne, L.
Newby, L.
Newton of Braintree, L.
Nicol, B.
Norfolk, D.
Northbourne, L.
Northbrook, L.
Northesk, E.
Norton of Louth, L.
O’Cathain, B.
Onslow, E.
Onslow of Woking, L.
OppenheimBarnes, B.
Orme, L.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Parry, L.
Patten, L.
Pearson of Rannoch, L.
Peel, E.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pitkeathley, B.
Plant of Highfield, L.
Platt of Writtle, B.
Plumb, L.
Prys-Davies, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Rawlinson of Ewell, L.
Razzall, L.
Rea, L.
Reay, L.
Rees, L.
Rendell of Babergh, B.
Renfrew of Kaimsthorn, L.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Richardson of Calow, B.
Rix, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rogers of Riverside, L.
Rosslyn, E.
Rotherwick, L.
Russell, E.
RussellJohnston, L.
Ryder of Warsaw, B.
Ryder of Wensum, L.
Saatchi, L.
Sainsbury of Turville, L.
St. John of Bletso, L.
St. John of Fawsley, L.
Sandberg, L.
Sanderson of Bowden, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Seccombe, B.
Selborne, E.
Sharp of Guildford, B.
Shaw of Northstead, L.
Shepherd, L.
Shore of Stepney, L.
Simon, V.
Simon of Glaisdale, L.
Simon of Highbury, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stallard, L.
Stern, B.
Stewartby, L.
Stodart of Leaston, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strange, B.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Tebbit, L.
Tenby, V.
Thomas of Gwydir, L.

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Thomas of Swynnerton, L.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tordoff, L.
Trefgarne, 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.
Walpole, L.
Walton of Detchant, L.
Warner, L.
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.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Willoughby de Broke, L.
Wilson of Tillyorn, L.
Winston, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young, B.
Young of Old Scone, B.

PRAYERS were read by the Lord Bishop of Blackburn.

1.Earl Jellicoe (Lord Jellicoe of Southampton)—The Rt Hon. George Patrick John Rushworth Earl Jellicoe, having been created Baron Jellicoe of Southampton, of Southampton in the County of Hampshire, for life by Letters Patent dated 6 o’clock in the forenoon of 17th November 1999 (see appendix 1), took and subscribed the oath pursuant to statute.
2.Lord Belstead (Lord Ganzoni)—The Rt Hon. John Julian Lord Belstead, having been created Baron Ganzoni, of Ipswich in the County of Suffolk, for life by Letters Patent dated 9 o’clock in the forenoon of 17th November 1999 (see appendix 2), took and subscribed the oath pursuant to statute.

Judicial Business

3.Regina v. Secretary of State for the Home Department (Respondent) ex parte Behluli (A.P.) (Petitioner)—The petition of Milazim Behluli praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged (lodged 24th July 1998).
4.Appeal Committee—The 4th Report was made; the Appeal Committee reported that they had met and had heard Counsel; the report was agreed to and the following Orders were made—

Regina v. Hinks (Petitioner)—That leave to appeal be given, and that the petition of appeal be lodged by 7th December next.
Regina v. Mental Health Review Tribunal (Respondents) and others ex parte Hall (A.P.) (Petitioner)—That leave to appeal be refused; and that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988.

Papers

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

Customs and Excise—Report for 1998–99 of HM Customs and Excise.

(4447)

6.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Report by the Comptroller and Auditor General for Northern Ireland on Road Safety in Northern Ireland, laid under the Audit (Northern Ireland) Order 1987;
2.Report for 1998 of the Central Arbitration Committee, laid under the Employment Protection Act 1975;
3.Department of Trade and Industry Report for 1998–1999 on Companies in 1998–1999, laid under the Companies Act 1985;
4.Report by the Secretary of State for Scotland, the Lord Chairman of Committees and the Chairman of Ways and Means in the House of Commons on representations by Alliance & Leicester plc, laid under the Private Legislation Procedure (Scotland) Act 1936.

Select Committee Report

7.Statutory Instruments—The First Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:
 Draft Maternity and Parental Leave etc. Regulations 1999;
 Draft Local Elections (Northern Ireland) (Amendment) Order 1999;
 Draft Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2000;

it was ordered that the Report be printed. (HL Paper 4)

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8.Statutory Instruments—The minutes of proceedings of the Joint Committee for Session 1998–99 were ordered to be printed. (HL Paper 3)

Private Business

9.City of Stoke-on-Trent Tunstall Northern By-Pass Local Government Act Compulsory Purchase Order 1997—The Chairman of Committees reported that, as proposed by the Committee of Selection, he had appointed the following Lords to form the Committee to join with a Committee of the Commons for the consideration of the Petitions of General Objection against the Order:
B. Gale
L. Shaw of Northstead
L. Smith of Clifton;

it was ordered that the Committee have power to agree with the Committee of the Commons in the appointment of a chairman; that the Committee do meet on Monday, 29th November, at half-past ten o’clock in Committee Room 4; and that a message be sent to the Commons acquainting them therewith.

Public Business

10.Limited Liability Partnerships Bill [HL]—A bill to make provision for limited liability partnerships was presented by the Lord McIntosh of Haringey, read a first time and ordered to be printed. (HL Bill 6)
11.Limited Liability Partnerships Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 6–EN)
12.Areas of Outstanding Natural Beauty Bill [HL]—A bill to make new provision in relation to areas of outstanding natural beauty was presented by the Lord Renton of Mount Harry, read a first time and ordered to be printed. (HL Bill 7)
13.Business of the House—It was moved by the Lord Carter, on behalf of the Baroness Jay of Paddington, that, unless any Lord objects, leave be given to the Chairman of Committees to move the seven motions standing in his name relating to the appointment of Select Committees and the panel of Deputy Chairmen en bloc; the motion was agreed to.
14.Examiner of Petitions for Private Bills—It was moved by the Chairman of Committees that, pursuant to Private Business Standing Order 69, Ms H E Irwin be appointed an Examiner of Petitions for Private Bills in place of Mr W A Proctor; the motion was agreed to.
15.Statutory Instruments—It was moved by the Chairman of Committees, pursuant to Standing Order 73 and the resolution of the House of 16th December 1997, that as proposed by the Committee of Selection the following Lords be appointed to join with a Committee of the Commons as the Joint Committee on Statutory Instruments:
L. Burnham
L. Greenway
L. Hardy of Wath
L. Skelmersdale
L. Thomas of Gresford
L. Vivian
L. Walker of Doncaster;

and that the Committee do meet with any Committee appointed by the Commons this day at a quarter past four o’clock;
the motion was agreed to.

16.Delegated Powers and Deregulation—It was moved by the Chairman of Committees that a Select Committee be appointed to report whether the provisions of any bill inappropriately delegate legislative power, or whether they subject the exercise of legislative power to an inappropriate degree of parliamentary scrutiny; to report on documents laid before Parliament under section 3(3) of the Deregulation and Contracting Out Act 1994 and on draft orders laid under section 1(4) of that Act; and to perform, in respect of such documents and orders, the functions performed in respect of other instruments by the Joint Committee on Statutory Instruments;

That, as proposed by the Committee of Selection, the following Lords be named of the Committee:

L. Alexander of Weedon (Chairman)
L. Ampthill
L. Dahrendorf
L. Goodhart
L. Hogg of Cumbernauld
L. Mayhew of Twysden
L. Merlyn-Rees
L. Prys-Davies
L. Waddington;

That the Committee have power to appoint sub-committees;
That the Committee and any sub-committee have power to adjourn from place to place within the United Kingdom;
That the Committee have power to co-opt any Lord for the purpose of serving on the Committee or a sub-committee;

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That the Committee have power to appoint specialist advisers;
That the minutes of evidence taken before the Committee or any sub-committee shall, if the Committee think fit, be printed and delivered out;
That the Committee do meet on Wednesday 1st December at half-past ten oclock;
the motion was agreed to.

17.House of Lords Offices—It was moved by the Chairman of Committees that the Select Committee on the House of Lords Offices be appointed and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee:
E. Caithness
L. Carter
L. Chalfont
L. Colwyn
L. Dholakia
L. Dixon
L. Elton
L. Gilbert
L. Harris of Greenwich
L. Henley
B. Hilton of Eggardon
L. Hunt of Wirral
L. Irvine of Lairg (Lord Chancellor)
B. Jay of Paddington (Lord Privy Seal)
L. Laming
L. Mackay of Ardbrecknish
L. Marsh
Bp. Oxford
L. Renfrew of Kaimsthorn
L. Rodgers of Quarry Bank
B. Seccombe
B. Serota
L. Strathclyde
B. Thomas of Walliswood
L. Tordoff
L. Weatherill
L. Williams of Mostyn;

the motion was agreed to.

18.Liaison Committee—It was moved by the Chairman of Committees that a Select Committee be appointed to advise the House on the resources required for select committee work and to allocate resources between select committees; to review the select committee work of the House; to consider requests for ad hoc committees and report to the House with recommendations; to ensure effective co-ordination between the two Houses; and to consider the availability of Lords to serve on committees;

That as proposed by the Committee of Selection the following Lords together with the Chairman of Committees be named of the Committee:

L. Clinton-Davis
V. Colville of Culross
B. Jay of Paddington (Lord Privy Seal)
L. Kimball
B. Pitkeathley
L. Rodgers of Quarry Bank
L. Strathclyde
L. Weatherill
L. Wigoder
B. Young;

That the Committee have leave to report from time to time;
That the Committee have power to appoint specialist advisers;
the motion was agreed to.

19.Privileges—It was moved by the Chairman of Committees that a Committee for Privileges be appointed and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees and any four Lords of Appeal be named of the Committee:
L. Allen of Abbeydale
L. Carter
L. Cledwyn of Penrhos
V. Cranborne
L. Glenamara
L. Henley
B. Jay of Paddington (Lord Privy Seal)
L. Mackay of Clashfern
L. Marsh
L. Mayhew of Twysden
L. Rodgers of Quarry Bank
L. Strabolgi
L. Strathclyde
L. Weatherill
L. Wigoder;

That the Committee have power to appoint sub-committees and that such sub-committees have power to appoint their own Chairman; and
That the Committee have power to co-opt any Lord for the purposes of serving on any sub-committee;
the motion was agreed to.

20.Personal Bills—It was moved by the Chairman of Committees that a Select Committee be appointed to consider personal bills and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee:
L. Astor of Hever
L. Hogg of Cumbernauld
L. Sandberg
L. Templeman
L. Wilberforce;

the motion was agreed to.

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21.Deputy Chairmen of Committees—It was moved by the Chairman of Committees that, as proposed by the Committee of Selection, the following Lords be appointed as the panel of Lords to act as Deputy Chairmen of Committees for this session:
L. Aberdare
V. Allenby of Megiddo
L. Ampthill
L. Brougham and Vaux
L. Burnham
L. Carter
L. Cocks of Hartcliffe
B. Cox
L. Dean of Harptree
L. Elliott of Morpeth
L. Elton
B. Gardner of Parkes
L. Graham of Edmonton
L. Henley
B. Hooper
B. Lockwood
L. Lofthouse of Pontefract
L. Lyell
L. McColl of Dulwich
L. McIntosh of Haringey
C. Mar
L. Methuen
L. Murton of Lindisfarne
B. Nicol
V. Oxfuird
B. Serota
V. Simon
L. Skelmersdale
L. Strabolgi
B. Turner of Camden;

the motion was agreed to.

22.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 twenty-one minutes before eleven o’clock
till tomorrow, 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 Cousin and Counsellor George Patrick John Rushworth Earl Jellicoe Knight Commander of Our Most Excellent Order of the British Empire Companion of Our Most Distinguished Service Order upon whom has been conferred the Decoration of the Military Cross to the state degree style dignity title and honour of Baron Jellicoe of Southampton of Southampton in Our County of Hampshire

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 Jellicoe of Southampton 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 six o’clock in the forenoon of 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 John Julian Baron Belstead Baronet to the state degree style dignity title and honour of Baron Ganzoni of Ipswich in Our County of Suffolk

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 Ganzoni 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

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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 forenoon of the seventeenth day of November in the forty-eighth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL