House of Lords Journal 233 (Session 1999-00)

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Monday 29 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)

Ackner, L.
Addington, L.
Ahmed, L.
Allenby of Megiddo, V.
Alli, L.
Anelay of St Johns, B.
Annan, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Bell, L.
Biffen, L.
Blease, L.
Blood, B.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Bramall, L.
Bridgeman, V.
Brightman, L.
Brooke of Alverthorpe, L.
Brookeborough, V.
Brookman, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Burlison, L.
Burnham, L.
Burns, L.
Buscombe, B.

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Butler of Brockwell, L.
Butterfield, L.
Butterworth, L.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.
Carlile of Berriew, L.
Carver, L.
Chalfont, L.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Colwyn, L.
Constantine of Stanmore, L.
Cope of Berkeley, L.
Courtown, E.
Cowdrey of Tonbridge, L.
Craig of Radley, L.
Craigavon, V.
Cranborne, V.
Crickhowell, L.
Cumberlege, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dormand of Easington, L.
Eatwell, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Evans of Parkside, L.
Evans of Watford, L.
Ezra, L.
Falconer of Thoroton, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fitt, L.
Fookes, B.
Freeman, L.
Freyberg, L.
Gardner of Parkes, B.
Garel-Jones, L.
Gavron, L.
Geraint, L.
Gilmour of Craigmillar, L.
Gladwin of Clee, L.
Glentoran, L.
Goodhart, L.
Gordon of Strathblane, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray of Contin, L.
Greenway, L.
Gregson, L.
Griffiths of Fforestfach, L.
Hanham, B.
Hanningfield, L.
Hardy of Wath, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harrison, L.
Haskel, L.
Haslam, L.
Hayhoe, L.
Hilton of Eggardon, B.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooson, L.
Howe, E.
Howell of Guildford, L.
Hughes, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Hussey of North Bradley, L.
Hutchinson of Lullington, L.
Hylton, L.
Hylton-Foster, B.
Inge, L.
Islwyn, L.
Jacobs, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jellicoe, E.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Jopling, L.
Kennedy of The Shaws, B.
Kingsland, L.
Lamont of Lerwick, L.
Lea of Crondall, L.
Lichfield, Bp.
Lipsey, L.
Listowel, E.
Liverpool, E.
Lofthouse of Pontefract, L.
Longford, E.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
McIntosh of Haringey, L.
Mackay of Clashfern, L.
Mackay of Drumadoon, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
MacLaurin of Knebworth, 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.
Milner of Leeds, L.
Molloy, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Moore of Wolvercote, L.
Murton of Lindisfarne, L.
Naseby, L.
Newby, L.
Newton of Braintree, L.
Nicholson of Winterbourne, B.
Norfolk, D.
Northbrook, L.
Oliver of Aylmerton, L.
Orme, L.
Palmer, L.
Park of Monmouth, B.
Paul, L.
Pearson of Rannoch, L.
Perry of Southwark, B.
Perry of Walton, L.
Peston, L.
Peyton of Yeovil, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Prior, L.
Quinton, L.
Quirk, L.
Randall of St. Budeaux, L.
Rawlings, B.
Rea, L.
Reay, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogers of Riverside, L.
Ryder of Warsaw, B.
Sainsbury of Turville, L.
St. John of Bletso, L.
St. John of Fawsley, L.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Seccombe, B.
Sharples, B.
Shepherd, L.
Sheppard of Liverpool, 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.
Steel of Aikwood, L.
Stern, B.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Gryfe, L.
Taylor of Warwick, L.
Tebbit, L.
Tenby, V.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.

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Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trumpington, B.
Turner of Camden, B.
Uddin, B.
Vincent of Coleshill, L.
Vivian, L.
Waddington, L.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Walton of Detchant, L.
Warnock, B.
Warwick of Undercliffe, B.
Waverley, V.
Weatherill, L.
Whaddon, L.
Wharton, B.
Whitaker, B.
Wigoder, L.
Wilberforce, L.
Wilcox, B.
Wilkins, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Williamson of Horton, L.
Winston, L.
Wright of Richmond, L.
Young, B.

PRAYERS were read by the Lord Bishop of Lichfield.

1.Lord MacKenzie of Culkein—Hector Uisdean MacKenzie Esquire, having been created Baron MacKenzie of Culkein, of Assynt in Highland, for life by Letters Patent dated in the afternoon of 4th August 1999 (see appendix), was introduced between the Lord Mackay of Clashfern and the Lord Sawyer, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

Judicial Business

2.Regina v. Wandsworth County Court (Respondents) ex parte Saldanha (Petitioner)—The petition of Maria Conceicao Saldanha praying for leave to appeal was presented and referred to an Appeal Committee (lodged 25th November).
3.Starling (Petitioner) v. Lloyds Bank TSB plc (Respondents)—The petition of Kenneth Victor Starling praying for leave to appeal was presented and referred to an Appeal Committee.
4.In re H (a minor) (1999)—The petition of the mother praying for leave to appeal was presented and referred to an Appeal Committee. The mother’s legal aid certificate was lodged.
5.Islam and another and another (Petitioner) v. Director of Public Prosecutions (Respondent)—The petition of Taz Ashraf Miah praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Administration of Justice Act 1960, was presented and referred to an Appeal Committee.


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

Draft Local Elections (Northern Ireland) (Amendment) Order 1999.

7.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.Arts and Libraries—Report for 1998–99 of the Reviewing Committee on Export of Works of Art; (26th November)
2.Genetically Modified Organisms—
(i)Government Response to the 5th Report of the House of Commons Select Committee on Environmental Audit, Session 1998–99, on Genetically Modified Organisms and the Environment: Co–ordination of Government Policy; (26th November)(4528)
(ii)Government Response to the first Report of the House of Commons Science and Technology Committee, Session 1998–99, on the Scientific Advisory System for Genetically Modified Foods; (26th November)(4527)
3.Finance—Report and Accounts for 1998–99 of the Property Advisers to the Civil Estate. (29th November)
8.Statutory Instrument (Standing Order 70)—The following negative instrument, having been laid before the House on 26th November, was ordered to lie on the Table:

Consumer Credit (Total Charge for Credit, Agreements and Advertisements) (Amendment) Regulations 1999, laid under the Consumer Credit Act 1974.


9.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Legal Aid (Prescribed Panels) (Amendment) Regulations 1999;
2.Draft Northern Ireland Act 1998 (Appointed Day) Order 1999.

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10.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.National Health Service (Choice of Medical Practitioner) Amendment Regulations 1999, laid under the National Health Service Act 1977;
2. (i)Yugoslavia (Prohibition of Flights) (No. 2) Regulations 1999—(3166)
(ii)Telecommunications (Appeals) Regulations 1999—(3180)
 laid under the European Communities Act 1972;
3. (i)Draft Charities (Corporation of the Hall of Arts and Sciences) Order 1999—
(ii)Draft Charities (Boxmoor Estate, Hemel Hempstead) Order 1999—
 laid under the Charities Act 1993;
4.Education (School Day and School Year) (England) Regulations 1999, laid under the Education Act 1996;
5.Civil Courts (Amendment) (No. 3) Order 1999, laid under the Supreme Court Act 1981.
11.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 1998–99 of the British Railways Board, laid under the Transport Act 1962;
2.Report and Accounts for 1998–99 of English Partnerships, laid under the New Towns Act 1981.

Public Business

12.Business of the House—It was moved by the Baroness Jay of Paddington that, in the event that one or more statutory instruments relating to Northern Ireland are laid before the House this week, a motion or motions to approve them may, notwithstanding the practice of the House, be moved forthwith; and that Standing Order 72 (Affirmative Instruments) be dispensed with to enable the motion or motions to be taken, notwithstanding that no report from the Joint Committee on Statutory Instruments on the instruments has been laid before the House; the motion was agreed to.
13.Armed Forces Discipline Bill [HL]—It was moved by the Baroness Symons of Vernham Dean that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Committee of the Whole House.
14.Postal Privilege (Suspension) Order 1999 (Revocation) Order 1999—It was moved by the Lord Skelmersdale that an Humble Address be presented to Her Majesty praying that the Postal Privilege (Suspension) Order 1999 (Revocation) Order 1999, laid before the House on 20th October, be annulled (S.I. 1999/2863); after debate, the motion was (by leave of the House) withdrawn.

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


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 Hector Uisdean MacKenzie Esquire to the state degree style dignity title and honour of Baron MacKenzie of Culkein of Assynt in Highland

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 MacKenzie of Culkein 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 in the afternoon of the fourth day of August in the forty-eighth year of Our Reign